United States · United States Congress · 8 September 1986
Omnibus Drug Enforcement, Education, and Control Act of 1986 - Title I: Committee on Foreign Affairs - International Narcotics Control Act of 1986 - Subtitle A: International Narcotics Control Assistance Programs - 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 the FY 1987 military assistance authorization be available to provide aircraft to countries receiving such assistance for narcotics control eradication and interdiction efforts. Earmarks at least half of such funds for aircraft based in Latin America. Requires such aircraft to be made available to foreign countries only on a lease or loan basis. Requires the Secretary of State to maintain detailed records on the use of such aircraft. Requires that a specified amount of the FY 1987 military assistance authorization shall be available for education and training in the operation and maintenance of aircraft used in narcotics control interdiction and eradication efforts. 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. Subtitle 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 negotiations on updated extradition treaties. Commends the decision of the Secretary of State to issue diplomatic passports to officials and employees of the Drug Enforcement Administration. Requires the Secretary to report to the Congress before changing such policy. Prohibits participation by any U.S. officer or employee in direct narcotics arrest actions in foreign countries. Allows the Secretary to designate countries where a limited exemption from such prohibition may apply. Permits such direct action to protect life or safety. Requires the executive branch to establish expeditiously the information sharing system that will list all drug arrests of foreign nationals in the 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. Urges the President to require that greater priority be given to the collection and sharing of information concerning narcotics related activities abroad. Requires the President to order the preparation of an updated threat assessment of narcotics trafficking from Africa. Requires the President to take steps to improve the capability of the executive branch to: (1) collect information concerning links between narcotic traffickers and acts of terrorism abroad; and (2) develop means to respond to the threat which those links pose. Requires the President to report to the Congress on such steps. 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. Urges the Secretary to increase efforts to negotiate with relevant countries procedures to facilitate the interdiction of vessels suspected of carrying illicit narcotics. Directs the President to take appropriate actions, including denial of access to U.S. ports, if a country refuses to negotiate interdiction procedures. Requires the Secretary to submit semiannual reports to the Congress identifying countries that fail to negotiate such procedures. Provides that the Secretary of Defense, the Attorney General, and the Secretary of State shall jointly determine when armed forces personnel are needed to provide law enforcement assistance (in enforcing specified customs and drug laws and the Immigration and Nationality Act) activities abroad. Subtitle C: Development and Illicit Narcotics Production and Trafficking - Requires the Secretary of State, with the assistance of the Secretary of Agriculture, to consult with authorities of the Government of Mexico on the development and implementation of a program to assist agricultural producers in Mexico to substitute the production of narcotic crops with other selected crops. Directs the Secretary of Agriculture to conduct research to identify substitute crops. Requires the annual report on foreign aid programs to contain a description of the development programs (other than narcotics control programs) dealing with illicit narcotics production. Subtitle D: 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 sources 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 E: United Nations Activities Relating to Drug Narcotics Control - Declares congressional support for the United Nations General Assembly decision to convene in 1987 an International Conference on Drug Abuse and Illicit Trafficking. Calls upon the President to appoint the head of the U.S. delegation well in advance of the conference and ensure that necessary resources are available for U.S. preparation and participation. Requires the President to report to the Congress by April 30, 1987, on the status of U.S. preparation for the conference. Calls for the conduct of a study of the effectiveness of the United Nations drug-related declarations, conventions, and entities. Requires the President to report any recommendations which result from such study to the Congress. Urges the United Nations Commission on Narcotic Drugs to complete work as soon as possible on a new draft convention against illicit traffic in narcotic drugs and psychotropic substances. Calls for more effective implementation of existing conventions relating to narcotics. Subtitle F: Provisions Relating to Specific Countries - Requires a specified amount of the narcotics control assistance for Mexico for FY 1987 to be withheld until the President reports to the Congress that Mexico has investigated the 1985 murders of a Drug Enforcement Agency agent and his pilot and has brought to trial and is effectively prosecuting those responsible. Requires the Secretary of State to submit monthly reports to the Congress on the illicit drug eradication program in Mexico. Urges the President to direct the Secretary to enter into negotiations with the Government of Mexico to create a Mexico-United States Intergovernmental Commission on Narcotics and Psychotropic Drug Use and Abuse. Requires the Secretary to report to the Congress within 90 days of enactment of this Act on progress in establishing such a commission. Urges Pakistan to adopt and implement a comprehensive narcotics control program. Requires the Secretary to report to the Congress within 60 days of enactment of this Act on the adoption and implementation of such a program. Calls upon the President to instruct the U.S. Ambassador to the United Nations to request that the problem of illict drug production in Iran, Afghanistan, and Laos be raised at the International Conference on Drug Abuse and Illicit Trafficking. Title II: Committee on Armed Services - Defense Narcotics Act of 1986 - Expresses the sense of the Congress that the President should: (1) apply the full measure of executive power against the introduction of controlled substances into the United States; and (2) expand the role of the armed forces in the war on illegal drugs. Directs the Secretary of Defense to acquire, for drug enforcement activities, aircraft (including Blackhawk helicopters), and seven radar aerostats. Directs the Secretary to make such aircraft and radar aerostats available to U.S. agencies designated by the Chairman of the National Drug Enforcement Policy Board. Requires that a specified amount of the FY 1987 Navy authorization be transferred to the Secretary of Transportation to be made available for Coast Guard personnel assigned to duty on naval vessels. Increases such personnel by 500. Allows the Secretaries of Defense and Transportation to assign specially trained members of the Coast Guard to duty on naval vessels for drug enforcement purposes. Allows the Secretary of Defense to assign Defense Department personnel, upon request, to provide enforcement assistance to officials of foreign nations. Directs the President to submit a report to the Congress describing the appropriate role of the armed forces in interdicting illegal drugs and participating in the national effort to control and reduce drug abuse. Increases the strength of the Coast Guard Reserve. Directs the Secretary of Defense to establish: (1) a comprehensive anti-drug abuse programs for members of the armed forces and civilian personnel of the Department of Defense; and (2) a drug abuse education curriculum and program for elementary and secondary schools. Amends the Uniform Code of Military Justice to include driving under the influence of drugs as an offense. Title III: Committee on Ways and Means - Drug Smuggling Enforcement Act of 1986 - Subtitle A: Amendments of the Tariff Act of 1930 - Part I: General Provisions - Amends the Tariff Act of 1930 to prohibit the importation into the United States of any drug paraphernalia (except paraphernalia intended for medical or scientific needs imported under regulations prescribed by the Attorney General). 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 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 or the Virgin Islands from any foreign airport or place to comply with the advance notification, arrival reporting, and landing requirements prescribed by the Secretary of Transportation. Prohibits the departure of such vessels or aircraft from U.S. or Virgin Island ports or airports or of such vehicles from the United States, or the discharge of passengers or merchandise, except in accordance with regulations prescribed by the Secretary. 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 prohibited merchandise 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 facie 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.) Declares that an action to recover a pecuniary penalty is considered to have been commenced when the penalty notice is issued. 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). Imposes penalties for making fraudulent statements to such foreign officials. Grants the Secretary certain investigatory powers in relation to: (1) certain reporting requirements on monetary instruments transactions; and (2) the enforcement of the Bank Secrecy Act. Sets forth certain requirements concerning the undercover investigative requirements of the Customs Service. Part II: Customs Forfeiture Fund - Extends the authority of the Customs Forfeiture Fund through FY 1991. Makes such Fund available for: (1) purchases by the Customs Service of evidence of smuggling controlled substances; (2) the equipping for law enforcement functions of any (currently only forfeited) vessel, vehicle, or aircraft available for use by the Customs Service; (3) the reimbursement of private citizens for expenses incurred in cooperating with the Customs Service; and (4) publicizing the availability of rewards. Authorizes appropriations. Subtitle B: Customs Service Authorizations, Miscellaneous Customs Provisions, and Amendments to the Controlled Substances Import and Export Act - Part I: Customs Service Authorizations - Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize FY 1987 appropriations to the Department of the Treasury for the U.S. Customs Service. Part II: Miscellaneous Customs Amendments - Treats any vessel which has received merchandise while in the customs waters beyond the territorial sea or while on the high seas as being from a foreign port for the purposes of certain provisions of the Tariff Act of 1930. 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. Part III: Amendments to the Controlled Substances Import and Export Act - Amends the Controlled Substances Import and Export Act to make it unlawful for any person to manufacture or distribute a schedule I or III controlled substance intending or knowing that such substance will be imported into the United States. 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 or possess with intent to manufacture or distribute a controlled substance. Subtitle C: 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 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. Title IV: Committee on Merchant Marine and Fisheries - Coast Guard Drug Interdiction and Law Enforcement Act of 1986 - Expresses the sense of the Congress that the Coast Guard: (1) should be given the resources to increase its ability to interdict the illegal transportation of drugs; and (2) is the best qualified Federal agency to carry out drug interdiction on the high seas and U.S. waters. Amends Federal law to provide that the Coast Guard may detect, track, and assist in the seizure of aircraft being used in drug trafficking. Authorizes additional appropriations for the Coast Guard for FY 1987 and 1988 for additional personnel, equipment, and related capital improvements. Title V: Committee on Banking, Finance and Urban Affairs - Subtitle A: Money Laundering - Comprehensive Money Laundering Prevention Act - Amends Federal law to prohibit any person from: (1) causing or attempting to cause a domestic financial institution to file a required coin or currency transaction report containing a material omission or misstatement of fact or to fail to file a required report; or (2) structuring or assisting in structuring a transaction with one or more institutions for the purpose of evading reporting requirements. Authorizes the seizure and forfeiture to the United States of: (1) any transported monetary instrument or any interest in other property (including any deposit in a financial institution) traceable to such instrument when a required report on such instrument has not been filed or contains a material omission or misstatement; and (2) any U.S. coin or currency or any interest in other property traceable to such coin or currency involved in a transaction for which a required report has not been filed, except where the property owner is a bona fide purchaser for value who took without notice of the violation, a depository institution, or a financial institution regulated by the Securities and Exchange Commission. Requires a financial institution to hold property in its possession for 15 days upon receipt of notice of the Secretary of the Treasury's intent to seize such property. Authorizes the appropriate U.S. district court to issue an order authorizing the Secretary to seize such property upon a showing by the Secretary that there is probable cause to believe that such property is subject to forfeiture. Exempts the United States, any financial institution, and any employee of either from liability in connection with such a hold being placed on any property. Provides that a financial institution which fails to hold property after receiving notice shall be liable to the United States for the value of the property the institution failed to hold. Amends the Internal Revenue Code to provide for the enforcement of such seizure and forfeiture authority by internal revenue enforcement officers. Authorizes the Secretary to impose a civil penalty on a person who knowingly or recklessly violates a coin or currency transaction reporting requirement. Limits the penalty to the amount of the coin or currency involved, reduced by any amount already forfeited. Amends the Federal Deposit Insurance Act, the Home Owners' Loan Act of 1933, the National Housing Act, and the Federal Credit Union Act to require each Federal banking regulatory agency to: (1) require insured banks, institutions, savings and loan associations, and credit unions (insured entities) to establish and maintain procedures to assure compliance with monetary transactions recordkeeping and reporting requirements; (2) include in each examination of an insured entity a review of such procedures identifying any problem; and (3) order any entity which has failed to maintain such procedures or correct any reported problem to cease and desist from violating this Act. Prescribes civil penalties for such violations. Amends provisions concerning monetary transactions recordkeeping and reporting requirements to: (1) include within the definition of a "financial institution" any foreign subsidiary or affiliate of such an institution and the U.S. Postal Service when it is carrying out a duty or power of such an institution; and (2) include as a "monetary instrument" any transfer of funds, as the Secretary may prescribe. Amends the Federal Deposit Insurance Act and the National Housing Act to authorize the appropriate regulatory agency to extend the period provided for the review and disapproval of a proposed change in control of an insured bank or savings and loan association two additional times for up to 45 days each time if: (1) the agency determines that the acquiring party has not furnished all required information; (2) the information submitted is substantially inaccurate; (3) the agency has been unable to complete the investigation because of delay caused by the acquiring party; or (4) the agency needs more time to determine that no acquiring party has a record of failing to comply with monetary transaction reporting requirements. Authorizes the Secretary to order any domestic financial institution to obtain certain information, maintain a record, and file a report concerning any transaction involving $3,000 or more in domestic coin or currency. Requires any domestic institution which issues a bank check, cashier's check, traveler's check, or money order in a transaction involving $3,000 or more in domestic coin or currency to: (1) obtain the signature of the person to whom the check or money order is issued; and (2) maintain a record of such transaction which shall include information concerning such person, the check or order, the method of payment, the payee of the check or order, and the aggregate amount of checks or money orders issued to such person on the same day to the extent such amount exceeds $10,000. Institutes other reporting requirements when such aggregate amount exceeds $10,000 or when the person receiving the check or money order refuses to provide information necessary to determine such amount. Requires any information required to be provided to a financial institution to be complete and accurate. Subjects to prescribed civil and criminal penalties any domestic financial institution or any employee, officer, or director thereof who knowingly or recklessly (currently, willfully) violates monetary transaction recordkeeping or reporting requirements. Amends the Right to Financial Privacy Act of 1978 to limit the information a financial institution may provide to a Government authority as relevant to a violation of Federal law or regulations to: (1) the names, addresses, and account numbers of persons; (2) information concerning the persons and acts involved (excluding financial records); and (3) the nature and a description of the violation. Preempts any State or local law that would prohibit such disclosure. Permits any financial institution or supervisory agency to disclose to the U.S. Attorney General, a State law enforcement agency, or the Secretary any financial record of any institution officer, director, employee, or controlling shareholder which is relevant to a possible violation of monetary transactions recordkeeping or reporting requirements or to a possible crime against the institution or supervisory agency by such individual. Grants the Secretary subpoena power in connection with investigations to enforce monetary transactions recordkeeping and reporting requirements. Directs the Secretary, within 30 days after any change in management or control of a financial institution, to review each outstanding exemption to such requirements granted by such institution. Prohibits a person from qualifying for such an exemption unless the relevant financial institution: (1) maintains a statement which contains such person's signature and describes why such person qualifies; and (2) certifies to the Secretary that such person qualifies. Amends the Federal Deposit Insurance Act and the National Housing Act to prescribe civil and criminal penalties for violations of certain recordkeeping requirements imposed on insured banks and institutions. Sets forth time limitations for: (1) the assessment of civil penalties for violations of monetary transactions recordkeeping and reporting requirements; and (2) commencement of civil actions to recover assessed penalties. Amends the Federal Deposit Insurance Act and the National Housing Act to direct the appropriate banking agency, upon receiving notice of a proposed acquisition of an insured bank or savings and loan association, to: (1) investigate the competence, experience, integrity, and financial ability of each person by or for whom the acquisition is to be made; (2) determine the accuracy and completeness of the information contained in such notice; (3) prepare and retain a report of its findings; and (4) publish the name of the bank or association to be acquired and the name of each person for or by whom the acquisition is to be made and solicit public comment on the proposed acquisition, unless such disclosure or solicitation would seriously threaten the safety or soundness of such bank or association. Authorizes any such agency, upon determining that a person has filed inaccurate, incomplete, or misleading information, or has violated other requirements of the Change in Bank Control Act or the Change in Savings in Loan Control Act, to seek injunctive or other equitable relief in the appropriate U.S. district court. Directs the Secretary to: (1) initiate discussions with the central banks or other appropriate governmental authorities of other countries on establishment of an information exchange system to assist the efforts of each country to reduce the international flow of money derived from illicit drug operations and other criminal activities; and (2) report to specified congressional committees within nine months on the results of such discussions. Increases the maximum criminal fine for Bank Secrecy Act violations from $500,000 to $1,000,000 for individuals and not more than $5,000,000 in other cases. Permits the Secretary to issue regulations defining the term "at one time" for purposes of reporting requirements on exporting and importing monetary instruments so that closely related events may be collectively considered to occur at one time. Subtitle B: Multilateral Development Banks - Drug Eradication Act of 1986 - Directs the United States to promote, through the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the African Development Bank, and the Asian Development Bank, the development and implementation of national drug eradication programs in developing countries. Directs the Secretary of the Treasury to instruct U.S. Executive Directors of the multinational development banks to propose that assistance be provided to such countries in developing and implementing such programs. Authorizes the Secretary of State to certify the adequacy of such programs and annually review such programs. Requires the Secretary of the Treasury to instruct the U.S. Executive Directors of the multilateral development banks to: (1) vote against loans to major drug producing countries that have no certified program within one year of enactment of this Act; and (2) propose that their respective banks increase lending for crop substitution programs. Requires the Secretary to include an accounting of the manner and extent of compliance with this Subtitle in its annual report to the Congress. Requires the Secretary to instruct the United States Executive Directors of the multilateral development banks to vote against any loan for the benefit of any major illicit drug producing country when such action is required by: (1) the Drug Eradication Act of 1986; or (2) certain provisions of the Foreign Assistance Act of 1961. Title VI: Committee on the Judiciary - Subtitle A: Money Laundering - Money Laundering Control Act of 1986 - Amends the Federal criminal code to establish money laundering as a Federal offense. Sets forth fines and penalties for anyone who knowingly: (1) engages in a financial transaction in criminally derived property (inapplicable to bona fide attorney fees); (2) engages in a commercial transaction which is part of a scheme to conceal criminally derived property, or disguise the source or ownership of criminally derived property; or (3) 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, as part of a scheme to conceal criminally derived property, or disguise the source or ownership of criminally derived property. Provides for a fine of not more than $1,000,000 ($5,000,000 if the offender is a person other than an individual), or imprisonment for not more than 20 years, or both. Authorizes components of the Department of the Treasury to investigate such offenses. Establishes criminal and civil forfeiture procedures for the offense of money laundering. Authorizes the use of wiretaps in money laundering investigations. Amends the Right to Financial Privacy Act to make certain changes regarding the disclosure of information by financial institutions. Subtitle B: Designer Drugs - Designer Drug Enforcement Act of 1986 - Amends the Controlled Substances Act to include controlled substance analogs (designer drugs) as a schedule I controlled substance. Subtitle C: More Effective Criminal Penalties - Narcotics Penalties and Enforcement Act of 1986 - Part I: Controlled Substances Penalties - Amends the Controlled Substances Act to modify the threshold quantity and kinds of controlled substances (adding cocaine freebase, controlled substance analogs, and fentanyl analogs) which trigger enhanced penalties. Imposes a mandatory minimum sentence of ten years imprisonment (20 for subsequent offenses) for violations involving a specified large quantity of such substances. Increases the maximum sentence for such violations to 30 years imprisonment and a fine of up to $2,000,000 (life imprisonment and a fine of up to $4,000,000 for subsequent violations). Provides for a fine of up to $5,000,000 ($10,000,000 for subsequent violations) for violations involving a person other than an individual (organization). Specifies lesser penalties for smaller quantities of the same substance. Modifies the penalties for violations involving non-narcotic schedule I or II controlled substances, schedule III and IV and V controlled substances, and certain other substances (including marihuana). Increases the fines for certain Controlled Substances Act violations. Imposes criminal penalties (imprisonment for up to one year and a fine of up to $5,000, up to two years and $10,000 for subsequent violations) for possession of a controlled substance in a special maritime or territorial jurisdiction of the United States. Provides increased criminal penalties (a mandatory minimum sentence of 20 years imprisonment, maximum term of life) for certain Controlled Substances Act violations which result in death or a serious bodily injury. Amends the Controlled Substances Import and Export Act to modify the threshold quantity and kinds of controlled substances which trigger revised enhanced penalties. (Modifies the quantities and kinds of substances to reflect those in the Controlled Substances Act.) Increases the fines for certain Controlled Substances Import and Export Act violations. Provides increased criminal penalties (a mandatory minimum sentence of 20 years imprisonment, maximum term of life) for certain Controlled Substances Import and Export Act violations which result in death or serious bodily injury. Part II: Controlled Substance Offenses Relating to Children and Schools; Precursor and Essential Chemical Review - Imposes enhanced penalties for the manufacture of a controlled substance in or near an elementary or secondary school. (Current law imposes such enhanced penalties only for the distribution of a controlled substance in or near such schools.) Imposes increased penalties for employing persons under 18 years of age to manufacture or distribute a controlled substance. Directs the Attorney General to conduct a study on the need for legislation, regulation, or alternative methods to control the diversion of legitimate precursor and essential chemicals to the illegal production of drugs. Requires the Attorney General to report his findings to the Congress within 90 days of enactment of this Act. Part III: Controlled Substances Technical Amendments - Grants the Attorney General authority to enter into contracts with State and local law enforcement agencies to provide cooperative controlled substances enforcement. Subtitle D: White House Conference - White House Conference on Drug Abuse and Control Act of 1986 - Directs the President to call a White House Conference on Drug Abuse and Control to develop recommendations to prevent drug abuse and make treatment services available to drug abusers and to control the illicit trafficking of controlled substances. Directs the Conference to review: (1) the impact of recently enacted laws on efforts to control trafficking in controlled substances and to prevent drug abuse and treat drug abusers; (2) the recommedations of the President's Commission on Organized Crime as they relate to drug abuse and control of trafficking in controlled substances; (3) the extent to which specified sanctions have been, or should be, used in encouraging foreign states to comply with their international responsibilities respecting controlled substances; and (4) the circumstances contributing to the initiation of illicit drug usage. Requires the Conference to report its findings to the President and the Congress. Subtitle E: Career Criminals - Career Criminal Amendments Act of 1986 - Amends the Federal criminal code to provide increased mandatory penalties for any person who transports firearms or ammunition in interstate or foreign commerce if such person has multiple convictions for serious drug offenses and violent felonies. (Current law provides increased penalties where such person had multiple convictions for robbery and burglary.) Subtitle F: Drug and Alcohol Dependent Offenders Treatment - Drug and Alcohol Dependent Offenders Treatment Act of 1986 - Grants the Director of the Administrative Office of the United States Courts authority to contract with public and private agencies for the detection and treatment of alcohol-dependent and drug-dependent offenders. Amends the Contract Services for Drug Dependent Federal Offenders Authorization Act of 1983 to authorize appropriations for contracts for the supervision of released drug offenders through FY 1989. Subtitle G: Drug Enforcement Enhancement - Drug Enforcement Enhancement Act of 1986 - Authorizes appropriations for FY 1987 to the Department of Justice for: (1) the Drug Enforcement Administration; (2) assistant U.S. attorneys; and (3) U.S. marshals. Authorizes appropriations for: (1) FY 1987 through 1989 for the construction of Federal penal and correctional institutions; and (2) FY 1987 and 1989 for the Federal Prison System. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program for the enforcement of State and local drug laws. Provides that the Federal portion of such programs shall be 50 percent (100 percent if such funds are distributed to Indian tribes which perform law enforcement functions). Sets forth eligibility and application requirements. Sets forth guidelines for the allocation and distribution of appropriated funds. Requires the Governor of each participating State to designate a State office to: (1) prepare the grant application; and (2) administer the funds received. Allows the Administrator of the DEA to make grants to State and local governments for the enforcement of State and local drug laws. Provides that such grants may cover up to 100 percent of the costs of such programs. Sets forth grant application requirements. States that such grants shall not be used for land acquisition or construction projects. Authorizes appropriations for FY 1987 and 1988. Permits the use of funds in the Department of Justice Drug Assets Forfeiture Fund for necessary program-related expenses and for equipping any vessels, vehicles, and aircraft available for official use by the Federal Bureau of Investigation. Authorizes appropriations for such Fund through FY 1988. Allows $10,000,000 (currently $5,000,000) in fund assets to be carried forward and available for appropriations in the next fiscal year. Title VII: Committee on Public Works and Transportation - Transportation Drug Act of 1986 - Amends the Federal Aviation Act of 1958 to permit the States to establish criminal penalties (including forfeiture of aircraft) for certain fraudulent activities regarding aircraft registration. Makes it mandatory for an aircraft operator to make an aircraft's certificate (or registration) available for inspection upon request by any law enforcement officer. Imposes 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. Directs the Secretary of Transportation to conduct a study to determine the relationship between the use of controlled substances and highway safety. Requires the Secretary to transmit the results of such study to the Congress. Title VIII: Committee on Education and Labor - Drug Abuse Education and Prevention Act of 1986 - Subtitle A: Establishment of Programs to Improve Drug Abuse Education and Prevention - Establishes a National Advisory Council on Drug Abuse Education and Prevention to: (1) attract and focus national attention on drug-related problems; (2) support and publicize programs of drug abuse education; and (3) advise the Secretary of Education. Directs the Secretary to establish Federal financial assistance programs for drug abuse education and prevention in elementary and secondary schools. Subtitle B: State and Local Programs of Drug Abuse Education and Prevention - Part I: General - Provides for: (1) State allocation of program grant funds; and (2) the allocation of such funds to local and intermediate educational agencies and consortia. Part II: State Programs of Drug Abuse Education and Prevention - Lists the State educational agency uses of such funds. Restricts the amount States may use for administrative costs. Sets forth the grant application requirements. Directs the Governor of each State, from specified reserved funds, to make grants to and enter into contracts with community-based organizations for drug abuse education and prevention programs for school dropouts (and for after school and vacation periods). Part III: Local Programs of Drug Abuse Education and Prevention - Lists the local or intermediate educational agency or consortium uses of such funds. Restricts the amount States may use for administrative costs. Sets forth the local educational agency, intermediate educational agency, or consortium grant application requirements. Subtitle C: Federal Programs of Drug Abuse Education and Prevention - Directs the Secretary to establish a national education and prevention program on drug abuse. Directs the Secretary to provide information on drug abuse education and prevention to the Secretary of Health and Human Services for dissemination by the clearinghouse for alcohol and drug abuse information (established under this Act). Directs the Secretary of Education to conduct a study of the nature and effectiveness of existing Federal, State, and local programs of drug abuse education and prevention. Requires the Secretary to report such findings to the President and the Congress. Directs the Secretary, from specified reserved funds, to make grants to or enter into contracts with institutions of higher education for drug abuse education and prevention programs. Requires that at least half of such funds be used for programs for students, with the remainder to be used for training grants and curricula development programs. Directs the Secretary, from specified reserved funds, to make payments and grants and enter into other financial arrangements for Indian programs of drug abuse education and prevention. Requires the Assistant Secretary of Indian Affairs to provide technical assistance and coordination for such programs. Subtitle D: General Provisions - Sets forth provisions for program participation of children and teachers from nonprofit private schools. Directs the Secretary of Labor to conduct a study on the incidence, severity, and impact of drug abuse at the workplace. Requires the Secretary to report such findings to specified congressional committees. Authorizes appropriations for FY 1987 for such report. Authorizes appropriations for FY 1987 through 1989. Title IX: Committee on Energy and Commerce - Drug Abuse Prevention and Treatment Act of 1986 - Subtitle A: Financial Assistance to States and Communities - Amends title XIX (Block Grants) of the Public Health Service Act to direct the Secretary of Health and Human Services to make allotments to States for: (1) treatment and rehabilitation services for persons suffering from drug abuse; and (2) community-based substance abuse prevention activities for school-aged children. Authorizes appropriations for such allotments. Subtitle B: Agency for Substance Abuse Prevention; Study - Establishes in the Alcohol, Drug Abuse, and Mental Health Administration the Agency for Substance Abuse Prevention. Provides that the Agency shall be headed by a Director who shall: (1) sponsor regional workshops on the prevention of drug and alcohol abuse; (2) coordinate research findings; (3) develop effective drug and alcohol abuse prevention literature; (4) create public service announcements for radio and television broadcasting; (5) support programs of clinical training of substance abuse counselors and other health professionals; (6) in cooperation with the Director of the Centers for Disease Control, develop educational materials to reduce the risks of AIDS among intravenous drug abusers; and (7) administer the allotment program established by this Act. Directs the Secretary to establish a clearinghouse for alcohol and drug abuse information. Establishes an advisory board to advise the Director of the Agency for Substance Abuse Prevention. Directs the Secretary to contract with the Institute of Medicine of the National Academy of Sciences to conduct a study of: (1) the extent to which coverage of drug abuse treatment is provided by private insurance, public programs, and other sources of payment; and (2) the adequacy of such coverage. Subtitle C: Advisory Commission on the Comprehensive Education of Intercollegiate Athletes - Establishes the Advisory Commission on the Comprehensive Education of Intercollegiate Athletes to investigate and advise the Congress regarding issues related to athletic programs at colleges and universities in the United States, including: (1) the use of drugs by athletes; (2) the impact of television on athletics; and (3) the balance between athletics and academics. Requires the Commission to report its findings to the Congress. Authorizes appropriations. Subtitle D: Alkyl Nitrites - States that alkyl nitrites and their isomers shall be treated as a drug for purposes of the Federal Food, Drug, and Cosmetic Act. Title X: Committee on Post Office and Civil Service - Federal Employee Substance Abuse Education and Treatment Act of 1986 - Requires the Office of Personnel Management to be responsible for appropriate prevention, treatment, and rehabilitation programs and services for drug and alcohol abuse among Federal employees. Requires the Office to report to the Congress regarding: (1) the drug and alcohol abuse programs being provided; (2) levels of participation in such programs; (3) the training and qualification requirements of personnel providing such programs and services; (4) training given to supervisory personnel; and (5) recommendations for legislative or administrative action. Directs the Director of the Office of Personnel Management to establish a Government-wide education program for Federal employees regarding drug and alcohol abuse. Requires the head of each executive agency to establish employee assistance programs and services for drug and alcohol abuse for the employees in such agencies. Requires the Office of Personnel Management to prepare guidelines for such programs and services. Directs the Office of Personnel Management to conduct a demonstration project to provide a basis for determining the feasibility and desirability of including certain benefits relating to the treatment of drug and alcohol abuse among those received under the Federal Employees Health Benefits Program. Requires the Office of Personnel Management to submit specified reports to specified congressional committees evaluating such projects. Title XI: Committee on Interior and Insular Affairs - Subtitle A: Indians and Alaska Natives - Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 - Part I: General Provisions - Sets forth the findings, definitions, and purpose of this Act. Part II: Coordination of Resources and Programs - Directs the Secretary of the Interior and the Secretary of Health and Human Services to enter into a Memorandum of Agreement which shall: (1) define the scope of the problem alcohol and substance abuse for Indian tribes and assess its financial and human costs; (2) assess the resources available to combat alcohol and drug abuse among Indian people; (3) establish appropriate standards for each agency's program responsibility; (4) coordinate the Bureau of Indian Affairs and the Indian Health Service alcohol and substance abuse programs; (5) delineate the responsibilities of the Bureau of Indian Affairs and the Indian Health Service to coordinate services; (6) direct the Bureau of Indian Affairs agency and education superintendents and the Indian Health Service unit directors to cooperate; and (7) provide for an annual review of such agreement by the Secretary of the Interior and the Secretary of Health and Human Services. Requires the agreement to be submitted to the Congress and published in the Federal Register. Allows the governing body of any Indian tribe to establish a Tribal Action Plan to coordinate available resources and programs in an effort to combat alcohol and substance abuse among its members. Requires the Bureau of Indian Affairs agency and education superintendents and the Indian Health Service service unit director to cooperate, if requested, in developing such plans. Provides for the development of such plans by Bureau of Indian Affairs and Indian Health Service personnel if an Indian tribe fails to adopt such a plan. Establishes within the Office of the Assistant Secretary of Indian Affairs an Office of Alcohol and Substance Abuse to: (1) monitor the performance and compliance of programs of the Bureau of Indian Affairs in meeting the goals and purposes of such agreement and this Act; and (2) serving as a point of contact within the Bureau of Indian Affairs for Indian tribes and the Tribal Coordinating Committees. Establishes within the Office of Alcohol and Substance Abuse the position of Indian Youth Programs Officer. Directs the Secretary of the Interior and the Secretary of Health and Human Services to make available for community use, in the furtherance of the purposes and goals of this Act, local Federal facilities, property, and equipment. Directs the Secretary of the Interior to: (1) establish summer recreation, employment, and counseling programs for Indian youth; (2) keep open schools which are necessary to provide facilities for the programs established under this Act; and (3) provide coordinators, as needed, for such programs. Part III: Indian Youth Programs - Requires the Secretary of the Interior and the Secretary of Health and Human Services to review: (1) Federal programs providing specified services or benefits to Indian children and families; and (2) tribal, State, local, and private resources, benefits, and programs providing specified services. Requires the results of such review to be provided to each Indian tribe. Directs the Assistant Secretary of Indian Affairs to develop and implement a pilot program in selected schools to determine the effectiveness of summer youth programs in furthering the purposes and goals of this Act. Authorizes appropriations for FY 1987 through 1989. Directs the Secretary of the Interior to publish an alcohol and substance abuse newsletter. Requires the Tribal Action Plans to make provisions for the establishment, funding, licensing, and operation of emergency shelters or half-way houses for Indian youth who are alcohol or substance abusers. Urges States to require their law enforcement officers to place any youth arrested for any offense related to alcohol or substance abuse in such shelter or half-way house. Authorizes appropriations for FY 1987 through 1989 for the construction, renovation, and operation of such shelters and half-way houses. Directs the Secretary of the Interior to require the compilation of data relating to the number and types of child abuse and neglect cases seen and the type of assistance provided. Part IV: Law Enforcement and Judicial Services - Requires the Secretary of the Interior and the Secretary of Health and Human Services to review: (1) Federal programs providing law enforcement or judicial services to Indian tribes; and (2) tribal and State and local law enforcement and judicial programs and systems. Requires the results of such review to be provided to each Indian tribe. Part V: Bureau of Indian Affairs Law Enforcement - Increases the maximum sentence (from six months to one year) and fine (from $500 to $5,000) which a tribal court can impose for any offense. Requires the Secretary of the Interior to ensure that all Bureau of Indian Affairs and tribal law enforcement and judicial personnel have training available in the investigation and prosecution of offenses relating to illegal narcotics and in alcohol and substance abuse prevention and treatment. Authorizes appropriations for FY 1987 through 1989. Requires the Memorandum of Agreement to include a provision for the development and implementation of a procedure for the emergency medical assessment and treatment of Indian youth arrested or detained by the Bureau of Indian Affairs or tribal law enforcement personnel for offenses relating to or involving alcohol or substance abuse. Directs the Secretary of the Interior to: (1) establish and implement a program for the eradication of marijuana cultivation within Indian country; (2) provide assistance to the Papago Indian Tribe of Arizona for the investigation and control of illegal narcotics traffic on the Papago Reservation; (3) develop and implement a plan for the construction or renovation and staffing of tribal juvenile detention and rehabilitation centers; (4) provide for the development of a Model Indian Juvenile Code; and (5) collect data regarding calls and encounters, and arrests and detentions, and the disposition of cases involving Indians where alcohol or drug abuse is a contributing factor. Part VI: Indian Alcohol and Substance Abuse Treatment and Rehabilitation - Requires the Secretary of the Interior and the Secretary of Health and Human Services to review: (1) Federal programs providing health services and benefits to Indians; (2) tribal, State, local, and private health resources and programs; (3) where facilities that provide such treatment are or should be located; and (4) the effectiveness of private and public alcohol and substance abuse treatment programs. Requires the Memorandum of Agreement to include provisions pursuant to which the Indian Health Service shall assume responsibility for: (1) determining the scope of the alcohol and substance abuse problem among Indians; (2) assessing the existing and needed resources to support an alcohol and substance abuse prevention and treatment program for Indians; and (3) estimate the funding necessary to support such a program. Requires the Secretary of Health and Human Services to: (1) provide a comprehensive alcohol and substance abuse prevention and treatment program for members of Indian tribes; (2) develop and implement a program for acute detoxification and treatment for Indian youth who are alcohol and substance abusers; (2) begin the construction of 11 regional treatment centers serving Indian tribes; (3) develop and implement within each Indian Health Service service unit community-based rehabilitation and follow up services for Indian youth who are alcohol or substance abusers; (4) develop and implement within each service unit a program of community education and involvement; (5) require that the existing health staff of the Indian Health Service receive training in alcohol and substance abuse; (6) develop and implement a program of alcohol and substance abuse prevention through education intervention; (7) identify and use existing federally owned structures as residential alcohol and substance abuse treatment centers for Indian youths; (8) make grants to the Navajo tribe to establish a demonstration program in Gallup, New Mexico, to rehabilitate adult Navajo Indians suffering from alcoholism or alcohol abuse; and (9) compile data on the number of incidents where Indian Health Service personnel or services were involved in matters related to alcohol or substance abuse. Subtitle B: National Park Service Program - National Park Police Drug Enforcement Supplemental Authority Act - Authorizes additional appropriations for National Park Police for personnel, training, and equipment. Subtitle C: Programs in United States Insular Areas - U.S. Insular Areas Drug Abuse Act of 1986 - Requires the President to report annually to the Congress on the efforts of Federal agencies in preventing the illegal entry of controlled substances into the United States. Authorizes law enforcement officers of the Governments of American Samoa and the Northern Mariana Islands to: (1) execute and serve warrants, subpoenas, and summons issued under the authority of the United States; (2) make arrests without warrants; and (3) make seizures of property to carry out the purposes of this Act, the Controlled Substances Import and Export Act, and any other applicable Federal narcotics laws. Authorizes the Attorney General to train such law enforcement officers and provide certain law enforcement equipment. Requires the Drug Enforcement Administration, the Federal Bureau of Investigation, the Coast Guard, the Customs Service, and the Postal Service to assign and maintain a specified number of agents, officers, and vessels in Guam, Puerto Rico, and the Virgin Islands. Requires the Attorney General to provide technical assistance and equipment to such Governments. Authorizes appropriations. Title XII: Committee on Government Operations - National Antidrug Reorganization and Coordination Act - Requires the President to submit recommendations to the Congress for legislation to reorganize the executive branch to more effectively combat international drug traffic and drug abuse.
United States · United States Congress · 14 August 1986
Requests the entertainment industry to: (1) refrain from producing material which glamorizes or encourages the use of illegal drugs; and (2) develop material which encourages the rejection of illegal drug usage.
United States · United States Congress · 13 August 1986
Nuclear Waste Policy Amendments of 1986 - Prohibits the expenditure of funds for any nuclear waste site characterization activities before the Federal Nuclear Waste Board (established by this Act) has nominated sites for selection as repositories. Amends the Nuclear Waste Policy Act of 1982 to establish the Federal Nuclear Waste Board within the Department of Energy's Office of Civilian Radioactive Waste Management. Requires such Board to: (1) issue revised guidelines for the recommendation of repository sites; (2) nominate at least five sites considered suitable for characterization within 18 months after such revised guidelines are issued; (3) recommend to the President at least three sites for characterization as candidate sites; and (4) issue an environmental assessment for each such site. Provides that if the President approves certain candidate sites in an order other than the order in which such sites were ranked, then no site characterization activity will be implemented until 18 months after the President's approval. Sets forth procedural guidelines under which the President is required to submit site recommendations to the Congress. Authorizes the Secretary of Energy (the Secretary) to make grants to States which are adjacent to States in which a repository candidate site is approved. Requires the Board to appoint a panel to study the need for disposal capacity beyond a 70,000 metric ton limitation. Requires such panel to submit its findings and recommendations to the Board within 12 months after the date of enactment of this Act. Requires the Board to submit the panel findings to the Congress, along with recommendations for implementation. Requires the Secretary to revise the mission plan in order to implement the amendments made by this Act.
United States · United States Congress · 6 August 1986
Authorizes the use of limited circulation postal rates for certain publications which are addressed for delivery within adjacent counties. Limits the number of copies of publications which may be mailed under such rates.
United States · United States Congress · 29 July 1986
Amends the Food Security Act of 1985 to permit certain foreign purchasers of U.S. agricultural commodities to participate in the export market expansion program established by such Act if the foreign purchasers have traditionally purchased U.S. farm commodities and maintain trade relations with the United States.
United States · United States Congress · 24 July 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.
United States · United States Congress · 19 June 1986
Designates July 3, 1986, as Let Freedom Ring Day. Requests the President to encourage people to ring bells immediately following the relighting of the torch of the Statue of Liberty.
United States · United States Congress · 19 June 1986
Expresses the sense of the Congress that the Secretary of Agriculture should exercise certain authority to accept bids from agricultural producers for diverting acreage in return for surplus payments-in-kind.
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.
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.
United States · United States Congress · 12 June 1986
Corporation for Small Business Investment Charter Act - Amends the Small Business Investment Act of 1958 to include in the terms "small business investment company," "company," and "license" any company that is qualified to conduct business with the Corporation for Small Business Investment. Defines "small business concern" with respect to the Small Business Investment Act of 1958. Sets forth procedures for the qualification of small business investment companies (licensees) to conduct business with the Corporation for Small Business Investment and the termination, suspension, or revocation of the license of such companies that do not qualify under the provisions of this Act. Establishes the Corporation for Small Business Investment. Requires the President, within 60 days after enactment of this Act, to appoint an interim Board of Directors of the Corporation. Authorizes the Corporation to issue common and preferred stock and certain other obligations to small business investment companies. Authorizes the Secretary of the Treasury to purchase obligations issued by the Corporation. Exempts from U.S. securities laws all stocks and obligations issued by the Corporation. Deems the Corporation to be a U.S. agency. Authorizes the Corporation to: (1) make loans to small business investment companies; (2) purchase preferred securities, debentures, and guarantee debentures issued by such companies; and (3) act as issuer of such securities. Requires the Corporation to establish criteria for the qualification of: (1) small business investment companies to conduct business with such Corporation; and (2) special small business investment companies whose investments will be made solely in disadvantaged small businesses. Establishes a special-purpose trust for the benefit of special small business investment companies. Authorizes: (1) the trustees to purchase preferred securities; and (2) the Corporation to purchase or to guarantee debentures issued by special small business investment companies. Permits the purchase of ownership interests in small business investment companies by national banks. Authorizes small business investment companies to: (1) purchase stock issued by the Corporation; (2) borrow money; and (3) issue debenture bonds, promissory notes, or other obligations under conditions as prescribed by the Corporation. Authorizes the Corporation to enter into agreements regarding the operation of small business investment companies. Authorizes small business investment companies to provide equity capital and loans to small businesses. Requires the Corporation to adopt rules on conflicts of interest which may be detrimental to: (1) small businesses; (2) small business investment companies; or (3) the Corporation. Provides that the Small Business Administration shall have review authority over the Corporation. Requires the accounts of the Corporation to be audited annually. Requires a report of each audit to be: (1) furnished to the Secretary of the Treasury; and (2) made by the Secretary to the President and the Small Business Committees of the Congress not later than six months following the close of each fiscal year. Requires the Corporation, after the end of each fiscal year, to transmit to the President, the Small Business Committees of the Congress, and the Small Business Administration a report of its operations and activities during each year. Transfers to the Corporation all title to small business investment company securities that are guaranteed by the SBA and held by the Federal Financing Bank.
United States · United States Congress · 11 June 1986
Fair Funding Distribution Act of 1986 - Amends Part B (Alcohol and Drug Abuse) of title XIX (Block Grants) of the Public Health Service Act to specify the method of determining State allotments following the sequestration of funds under part C of the the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 11 June 1986
Establishes a formula for determining the allocation of official mail costs for Members of Congress for any fiscal year beginning with FY 1987. Directs the Senate Committee on Rules and Administration and the House Committee on House Administration to determine, and provide written notice to each Member of, the allocation of such Member. Requires the Committees to prescribe regulations to carry out this resolution. Requires the Committees to publish a quarterly statement on official mail costs.
United States · United States Congress · 22 May 1986
Farm Employment and Enterprise Development Act of 1986 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development. Specifies that States and local governments shall nominate areas for such designation. Limits to 100 the total number of areas which may be designated as enterprise zones. Limits the period during which such designations shall remain in effect to a maximum of 25 years. Specifies that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the nominating local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 1,000 or is entirely within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, and providing job training to residents of the area. Terminates the authority of the Secretary to designate rural enterprise zones on June 30, 1989, or three years after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate enterprise zones. Requires the Secretary to report to the Congress every four years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that the designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Provides that such enterprise zones shall be treated for all purposes under Federal law as labor surplus areas. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in rural enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three-year carryback and a 15-year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account $17,500 in wages per year per employee) plus a specified percentage of wages paid to certain disadvantaged workers through the first 20 years of the enterprise zone designation. Phases out such credit in the last four years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows an income tax credit to enterprise zone employees for five percent of wages earned (taking into account up to $10,500 per year). Phases out such credit in the last four years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investments made in certain enterprise zone construction property located in enterprise zones. Limits such credit to ten percent for new enterprise zone construction property, including rental property. Requires that the property subject to such credit be located in an enterprise zone, be predominantly used in the zone, be either constructed, reconstructed, renovated, etc. during the period of zone designation or acquired during such period, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon the early disposition of the property. Provides for a phase-out of the enterprise zone tax credit as the enterprise zone ends. Provides for an adjustment to the basis of the enterprise zone construction property to reflect the enterprise zone tax credit. Subtitle C: Nonrecognition of Qualified Enterprise Zone Capital Gain Where Acquisition of Enterprise Zone Business Property - Provides for the nonrecognition of capital gain on the sale of property where, within the one-year period beginning on the date of such sale, qualified replacement property is acquired by the taxpayer, to the extent the gain from the sale does not exceed the cost of the replacement property. Defines "qualified replacement property" as any personal property used predominantly in an enterprise zone in the active conduct of a trade or business within the enterprise zone, any real property located in the enterprise zone used in the active conduct of a trade or business, or any corporation, partnership, or other entity if, for the three most recent taxable years of such entity ending before the date of the purchase of such interest, such entity was a qualified business. Sets forth special rules for the operation of this provision. Requires the basis of the replacement property to be reduced by an amount equal to the amount of gain not recognized on the sale of such other property. Extends the period for the statute of limitations relating to the assessment of tax with respect to the sale of property involving the nonrecognition provisions. Provides that the holding period for the qualified replacement property shall include the period for which the property sold or exchanged had been held as of the date of the sale or exchange. Subtitle D: Deduction for Purchase of Enterprise Stock - Allows a taxpayer to deduct the aggregate amount paid during the taxable year for the purchase of enterprise stock on the original issue of such stock by a qualified issuer. Limits the maximum amount of such deduction to $100,000 a year. Requires that the $100,000 limit be allocated among the members of a controlled group. Requires the pro rata allocation of the $100,000 limit among the stock purchased where the aggregate amount of stock purchased exceeds the $100,000 limitation. Requires that the gain from the disposition of the stock shall be treated as ordinary income. Provides a formula for calculating such gain. Provides that interest be charged on the disposition of such stock if such disposition occurs before the end of the three-year period beginning on the date the stock was purchased. Provides that where an issuer ceases to be a qualified issuer of enterprise stock before the close of the fifth taxable year after the date the stock was issued, the taxpayer must include in income the amount of the deduction allowed with respect to such stock plus interest on the aggregate decrease in tax of the taxpayer resulting from the deduction allowed with respect to such stock. Sets forth special rules with respect to such stock. Requires the basis of such stock to be reduced by the amount of the deduction allowed with respect to such stock. Subtitle E: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle F: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone businesses which become worthless during the taxable year. Subtitle G: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases the tax credit for increasing research activities to 37 and one-half percent (currently, 25 percent) for research conducted in enterprise zones. Subtitle H: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Subtitle I: Regulations - Directs the Secretary of the Treasury to issue regulations to carry out the provisions of this Act not later than six months after the date of enactment. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that, to the maximum extent practicable, foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 22 May 1986
Amends the Agricultural Act of 1949 to direct the Secretary of Agriculture to make 1986 wheat and feed grain deficiency payments not later than the end of the fifth month of the marketing year for such crops.
United States · United States Congress · 22 May 1986
Amends the Internal Revenue Code to provide that the value of transportation provided to any person on a noncommercially operated aircraft shall be considered "no-additional-cost service" and therefore excludible from gross income if: (1) such transportation is provided on a flight made in the ordinary course of the trade or business of the taxpayer owning or leasing such aircraft for use in such trade or business; (2) the flight on which the transportation is provided would have been made whether or not such person was transported on the flight; and (3) no substantial additional cost is incurred in providing such transportation to such person.
United States · United States Congress · 22 May 1986
Amends the Internal Revenue Code to allow homeowners to deduct the full amount of prepaid interest in connection with the refinancing of their principal residences for the taxable year in which paid.
United States · United States Congress · 8 May 1986
Rural Health Care Improvement Act of 1986 - Amends part A (General Provisions) of title XI of the Social Security Act to require that whenever the Secretary of Health and Human Services proposes a regulation or promulgates a final version of a regulation under titles XVIII (Medicare), XIX (Medicaid), or part B (Peer Review) of title XI of the Act which will have a substantial impact on small rural hospitals, the Secretary make a regulatory impact analysis available to the public. Amends the Medicare program to continue, beyond FY 1986, current law regarding Medicare payment to sole community hospitals for capital-related costs, treating such costs as distinct from operating costs of inpatient hospital services. Provides certain small sole community and rural hospitals with payment for extremely high cost cases (outlier payments) which represent five or six percent of the total payments made to such hospitals. Sets aside ten percent of amounts expended by the Secretary on certain experiments and demonstration projects for projects relating exclusively to rural health issues. Requires fiscal intermediaries to pay certain small rural hospitals for Medicare claims, at the latest, 30 days after receiving the request for such payment. Amends title VII (Administration) of the Act to establish an Office of Rural Health Policy in the Office of the Administrator of the Health Care Financing Administration to: (1) advise the Administrator regarding the effects of changes in the Medicare and Medicaid programs on rural health; and (2) oversee compliance with provisions of this Act requiring regulatory impact analysis and rural health demonstration projects.
United States · United States Congress · 28 April 1986
Authorizes the Secretary of the Army to issue a permit under the Clean Water Act and the River and Harbor Act of 1899 for the Stacy Dam, Reservoir, and Pipeline Project of the Colorado River Municipal Water District, Texas, not later than November 30, 1986, notwithstanding any pending threatened species proposals by the Secretary of the Interior.
United States · United States Congress · 23 April 1986
Processed Products Inspection Improvement Act of 1986 - Amends the Federal Meat Inspection Act to redescribe the manner and frequency of inspection of meat food products to include the requirement that the Secretary of Agriculture take into account for each establishment: (1) the nature and frequency of processing operations; (2) the adequacy and reliability of processing controls and sanitary procedures; and (3) the history of inspection compliance. Changes the requirement that condemned meat food products be destroyed for "food purposes," to a requirement that they be destroyed for "human food purposes." Provides that amendments made by this Act shall not be construed to authorize the Secretary to refuse to provide inspection solely because an establishment does not participate in a total plant quality-control program.
United States · United States Congress · 22 April 1986
Expresses the sense of the Congress that a Children's Challenge Center for Space Science should be established in conjunction with the National Aeronautics and Space Administration at the Johnson Space Center as a memorial to the seven Challenger astronauts and others who gave their lives exploring space.
United States · United States Congress · 16 April 1986
Natural Gas Policy Act Amendments of 1986 - Title I: Open Access to Transportation - Amends the Natural Gas Policy Act of 1978 to authorize the Federal Energy Regulatory Commission (the Commission) to: (1) allow any pipeline to transport natural gas on behalf of any person; (2) require pipelines to transport gas without discrimination; and (3) require pipelines which receive gas to provide nondiscriminatory transportation services. Requires the Commission (upon request by any person) to direct an interstate pipeline to provide transportation service (without discrimination) unless such pipeline demonstrates to the Commission that it is incapable of providing such service. Title II: Removal of Wellhead Price Controls and Repeal of Jurisdiction Over First Sales - Removes wellhead price controls over all natural gas first sales beginning April 1, 1987. Removes such control for certain gas sales contracts executed after March 1, 1986. Removes Commission jurisdiction over first sales of natural gas committed or dedicated as of the day before enactment of this Act. Repeals Commission authority to specify the minimum duration of certain natural gas contracts (thus removing all non-price regulation of first sales of natural gas). Declares that, with respect to ceiling prices of certain natural gas sales, the last price paid for such gas shall be considered a federally established rate for purposes of an area rate clause. Title III: Repeal of Certain Restrictions on the Use of Natural Gas and Petroleum Use and Pricing - Amends the Powerplant and Industrial Fuel Use Act of 1978 to: (1) repeal the prohibitions against the use by electric powerplants and major fuel-burning installations of petroleum and natural gas as primary energy sources; (2) remove the restrictions placed upon Federal major fuel-burning installations against the use of natural gas and petroleum as primary energy sources; and (3) repeal the guidelines for the emergency use of natural gas or petroleum as a primary energy source by any person operating a peakload powerplant or a major fuel-burning installation. Revokes the authority of the Secretary of Energy to require any major fuel-burning installation to furnish certain information regarding the use of primary energy sources of fuel. Amends the Natural Gas Policy Act of 1978 to repeal the natural gas incremental pricing provisions. States that incremental pricing rules promulgated by the Commission shall continue in effect only with respect to the flow-through of costs incurred before enactment of this Act, including any surcharges based on such costs.
United States · United States Congress · 8 April 1986
Expresses the sense of the Congress that the Farm Credit Administration and its associated agencies and institutions should take additional actions to alleviate the agricultural financial situation, including restructuring, rather than foreclosing, loans.
United States · United States Congress · 8 April 1986
Expresses the sense of the Congress that Federal telecommunications policy should maintain universal telephone service, retain nationwide toll rate averaging for interstate long distance calls, and reduce regulatory and administrative burdens on small telephone systems. Provides that any Federal access charge plan should: (1) support rural telephone systems through a universal service fund designed to ensure affordable rural telephone rates; (2) allocate to interstate long distance service no less than the proportion of the local telephone system access costs currently allocated to such service; (3) retain the current arrangement for the pooling of such costs; and (4) avoid collecting all of such costs by means of flat rate access charges.
United States · United States Congress · 21 March 1986
Emergency Energy Act of 1986 - Title I: Amendments of Internal Revenue Code of 1954 - Amends the Internal Revenue Code to allow a credit against the income tax for crude oil producers equal to the excess of an oil well's operating costs allocable to a barrel of oil over the sales price of the barrel (but in no event for more than $5.00 per barrel). Provides for a carryback of unused excess credits for any year. Allows a credit for 15 percent of the costs of exploring for oil or natural gas in the United States. Provides for a carryback of unused excess exploration cost credits. Revises the minimum tax treatment rules for insolvent oil producers to provide that an insolvent taxpayer who transfers property used in the active conduct of a trade or business of exploring for or producing crude oil is not required to treat the net capital gain on a transfer as a tax preference if the transfer was made to a creditor in cancellation of indebtedness or to a third party under a threat of foreclosure. Limits such treatment revision to persons who have derived at least 50 percent of the gross income from an oil exploration or production business. Revises the minimum tax rules to allow a taxpayer to elect to carry over any portion of a percentage depletion deduction to the succeeding taxable year. Revises the definition of intangible drilling and development costs eligible for annual deduction as business expenses when paid or incurred to include geological, geophysical, and surface casing costs paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any domestic deposit of oil or gas. Repeals the tax preference cutback which currently requires integrated oil and gas producers to reduce (and thereby capitalize) the amount of intangible drilling and development costs eligible for a tax deduction by 20 percent. Repeals the rule that limits percentage depletion for oil or gas properties to 50 percent of a taxpayer's net income from the property. Revises the rule regarding an election to treat operating mineral interests as separate properties to allow such an election without regard to whether one or more of the operating mineral interests participated, under a voluntary or compulsory unitization or pooling agreement, in a single cooperative or unit plan of operation. Repeals specified rules which currently disqualify certain properties from: (1) the percentage depletion allowance deduction; and (2) the stripper well oil exemption from the windfall profits tax. Revises the special rules for the windfall profits tax to declare that a return shall not be treated as required if the amount of windfall profit tax withheld from the purchase payment to an oil producer equals or exceeds the amount required to be withheld as shown on the first purchaser's return. (The statute of limitations on assessments for windfall profits tax liability will thus begin to run concurrently with the statute of limitations on the taxpayer's income tax return.) Limits such rule revision to returns filed after February 29, 1980. Repeals the windfall profits tax. Declares that it is the sense of the Congress that the provisions relating to oil and gas taxation contained in H.R. 3838, the Tax Reform Act of 1985 (as passed by the House of Representatives), or any similar provisions in any other legislation, shall not be enacted. Title II: Removal of Wellhead Price Controls and Repeal of Natural Gas Act Jurisdiction Over Certain First Sales of Natural Gas - Amends the Natural Gas Policy Act of 1978 to: (1) remove wellhead price controls over natural gas prices; (2) repeal the jurisdiction of the Federal Energy Regulatory Commission (FERC) over natural gas exempt from wellhead price controls; (3) repeal the President's standby price control authority; and (4) repeal congressional review of natural gas price controls. Title III: Repeal of Certain Restrictions on the Use of Natural Gas and Petroleum - Amends the Powerplant and Industrial Fuel Use Act of 1978 to: (1) repeal the prohibitions against the use by electric powerplants and major fuel-burning installations of petroleum and natural gas as primary energy sources: (2) remove the restrictions placed upon Federal major fuel-burning installations against the use of natural gas and petroleum as primary energy sources; (3) repeal the guidelines for the emergency use of natural gas or petroleum as a primary energy source by any person operating a peakload powerplant or a major fuel-burning installation. Revokes the authority of the Secretary of Energy to require any major fuel-burning installation to furnish certain information regarding the use of primary energy sources of fuel. Title IV: Repeal of Incremental Pricing Requirements - Amends the Natural Gas Policy Act of 1978 to repeal the natural gas incremental pricing provisions. States that incremental pricing rules promulgated by FERC shall continue in effect only with respect to the flow-through of costs incurred before enactment of this section, including any surcharges based on such costs. Title V: Strategic Petroleum Reserve - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy to fill the Strategic Petroleum Reserve only with crude oil produced in the United States. Prohibits the disposition of the Federal share of crude oil in the Elk Hills Naval Petroleum Reserve unless: (1) the minimum quantity of crude oil in storage in the Strategic Petroleum Reserve is 750,000,000 barrels (currently, 500,000,000 barrels). Title VI: Plugging of Abandoned Oil and Gas Wells - Declares it is the sense of the Congress that: (1) no State should impose less than a one year waiting period before requiring the permanent plugging of abandoned oil and gas wells; and (2) States should encourage limited plugging of such wells for reopening at a later date at minimal cost. Title VII: Separability - Sets forth separability provisions.
United States · United States Congress · 21 March 1986
Amends the Federal Food, Drug, and Cosmetic Act to require nonprofit health service entities which dispense prescription drugs to register with the Secretary of Health and Human Services.
United States · United States Congress · 19 March 1986
Expresses the sense of the House of Representatives that Federal excise taxes and tariffs when incurred by business in the production of income should remain deductible for Federal income tax purposes.
United States · United States Congress · 4 March 1986
Provides that any requirement to substantiate a deduction under the Internal Revenue Code with respect to the business use of a vehicle must be based on regulations in effect before the Tax Reform Act of 1984.
United States · United States Congress · 27 January 1986
Amends the Internal Revenue Code to provide that citizens or residents of the United States who are in a foreign country in violation of an executive order shall not be permitted to exclude from income the foreign earned income from sources within such country or the housing expenses allocable for housing in such country.
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.
United States · United States Congress · 18 December 1985
Amends rule XV of the Rules of the House of Representatives to prohibit the House from passing or adopting any bill or joint resolution making appropriations or providing revenue except by a rollcall vote.
United States · United States Congress · 20 November 1985
Expresses the sense of the House of Representatives that the Federal Energy Regulatory Commission should immediately withdraw its proposed rule on natural gas block billing (a substitute pricing method for natural gas).
United States · United States Congress · 30 October 1985
Designates 1986 as Save for the U.S.A. Year. Requests the President to initiate a nationwide campaign, to be known as the Buy Back America campaign, to encourage the people of the United States to buy U.S. savings bonds and certificates and thereby reduce borrowings from foreign sources. Requires the Secretary of the Treasury to enhance the marketability of such bonds and certificates.
United States · United States Congress · 22 October 1985
Prohibits the number of Soviet nationals admitted to the United States to serve as members of the Soviet mission at United Nations (U.N.) headquarters from exceeding the number of U.S. nationals who serve as members of the U.S. mission at U.N. headquarters, unless: (1) the excess number is the result of routine replacement of personnel and is not more than ten percent of the number of U.S. nationals serving at the U.S. mission; or (2) the President determines that the admission of additional Soviet nationals would be in the interests of the United States. Directs the Secretary of State to report to the Congress every six months on the number of Soviet nationals admitted to the United States because the President determined their admission would be in the national interest and on their duties with the Soviet mission. Declares that the Secretary and the Attorney General should report to the Congress within six months on a plan for ensuring that the excess number of Soviet nationals admitted due to a routine replacement of personnel does not exceed the five percent limit.
United States · United States Congress · 8 October 1985
Amends the copyright law to prohibit a copyright holder from conveying the right to publicly perform an audiovisual work on non-network commercial television without simultaneously conveying the right to perform in synchronization any copyrighted music which accompanies such work.
United States · United States Congress · 8 October 1985
Trade Partnership Act - Title I: International Trade - Directs the President to establish the Commission on Trade which shall: (1) evaluate existing U.S. trade laws and policies; (2) develop recommendations on monetary and fiscal policies for the United States and its chief trading partners; (3) evaluate the export financing practices of major trading partners and of international agencies; and (4) review existing trade agreements to assess their effect on U.S. long-term trading interests. Requires the Commission to report its findings and recommendations to the President and to the Congress. Expresses the sense of the Congress that the President should evaluate such findings and recommendations and take into account the results of an international monetary conference to determine the propriety of convening a summit conference on international trade in order to develop changes in international trade and monetary practices. Expresses the sense of the Congress that the President should call for an international monetary conference to develop: (1) options for reforming institutional mechanisms in order to decrease the disparity among, and to prevent dramatic fluctuations in the value of, the currencies of the major economic powers; and (2) means for reducing interest rates, promoting national and world economic growth, assuring price stability, and promoting higher levels of international trade. 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. Directs the President to begin negotiations immediately if Canada requests the negotiation of a trade agreement that provides for the elimination or reduction of any duty imposed by the United States. Directs the U.S. Trade Representative (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. Authorizes the President, during the year following enactment of this Act, to negotiate with Japan on a trade agreement under which the United States will permit the exportation to Japan of Alaskan petroleum and natural gas in return for substantial concessions by Japan regarding the importation into Japan of agricultural products, wood products, and other kinds of export products that are important to the United States. Amends the Trade Act of 1974 to transfer to the USTR specified functions relating to import relief that are currently performed by the President. 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 15 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 if the decision of the President differs from the decision of the USTR and a joint resolution disapproving the President's decision is enacted. 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 emergency relief from imports of perishable products (other than perishable products from a beneficiary country under the Caribbean Basin Economic Recovery Act) after a petition for such relief is filed if the USTR, after consultation with the Secretary of Agriculture, decides that: (1) there is a reasonable indication that the perishable product 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) emergency action is warranted. Directs the USTR, upon deciding to grant interim relief or emergency relief, to: (1) determine the method and extent of such relief; (2) notify the President of such decision; and (3) unless the President decides within 15 days that such relief is not in the national economic interest, order the Commissioner of Customs to impose such relief. Declares that such relief may consist of tariff increases or import limitations. Provides for the termination of such relief. Directs the USTR to order the Commissioner of Customs to implement actions necessary to enforce U.S. rights under any trade agreement if: (1) the President and the USTR agree on the appropriate action; or (2) the President differs with the USTR on the appropriate action but a joint resolution disapproving such action is not enacted. Reduces the number of days from 21 to 15 between the President's receipt of the USTR's recommendation of appropriate action and the President's decision on what action is appropriate. Requires the President to determine during such 15 day period if: (1) the President concurs in the USTR's recommendation; or (2) it is in the national economic interest not to take any action or to take action different from the action determined by the USTR. Requires the President to notify the Congress of such decision. Provides that if 90 days after the Congress receives notice of such decision no joint resolution is enacted disapproving it then such decision shall take effect. Reduces the amount of time the USTR may take to make a recommendation on a petition for enforcement of U.S. trade rights. Sets forth the actions the USTR may recommend to the President based on such petition. 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. Directs the Secretary of Labor to pay to private firms 80 percent of the cost of providing job training if the training is certified as trade readjustment training and if the trainees are not charged for the training. Extends the job training, job search, and job relocation allowance provisions of the trade adjustment assistance programs through October 1, 1987. Amends the Trade Expansion Act of 1962 to set a one year deadline for the President to take action on the advice of the Secretary of Commerce on imports that are suspected of impairing national security. Amends the Tariff Act of 1930 to reduce the time limit for decisions by the International Trade Commission on allegations of unfair practices in import trade from one year (18 months in more complicated cases) to eight months (ten months in more complicated cases). Declares that the USTR should 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. Imposes a penalty for multiple customs law offenders who import or attempt to import merchandise during the three years following the date of the third of the offenders' convictions. Title II: Protection of Patents and Transfer of Technology - Part A: Protection of Patents - 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. Part B: Transfer of Technology - Federal Laboratory Technology Utilization Act of 1985 - 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 and 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 biannually 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. Part C: Protection of Proprietary Information - 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. Title III: Export Promotion - Amends the Bank Holding Company Act of 1956 to increase, from five percent to ten percent, the percentage of shares that: (1) a bank holding company may hold in an export trading company; and (2) an Edge Act corporation may hold in an export trading company from five to ten percent. Increases the amount of credit that a bank owning stock in a bank holding company with investments in an export trading company may extend to an export trading company. 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 Secretary of the Treasury to develop a program consisting of mixed credit financing for exports to compensate for the effects of subsidized financing by U.S. trading partners. Declares that the Export-Import Bank should expand its promotion programs for small- and medium-sized banks. Amends the Federal Reserve Act to give Edge Act corporations the same discount and borrowing privileges as Federal Reserve banks. Repeals the limitation on bank investments in Edge Act corporations. Directs the Board of Governors of the Federal Reserve System to require periodic reports from every corporation of the total amount of capital stocks and paid up surplus of the corporation, the name of any stockholder who holds more than ten percent of the shares of the stock of such corporation, and the share holdings of such stockholder. 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. Requires the U.S. Ambassadors to those countries that are important trading partners of the United States to report annually to the President and to the Congress on their efforts to help U.S. industries in expanding export sales to, and improving their market positions in, such countries. Authorizes the seven Bell operating companies, effective September 1, 1986, to manufacture telecommunications equipment and customer premises equipment in the United States if specified conditions are met. Title IV: Foreign Corrupt Practices - Business Accounting and Foreign Trade Simplification Act - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Prohibits imposing criminal liability for failing to maintain such an accounting system. Prohibits imposing civil injunctive relief with respect to: (1) an issuer who fails to maintain the required accounting system if the issuer tried in good faith to meet the requirements; or (2) any person other than an issuer in connection with an issuer's failure to comply with such requirements, unless such person knowingly caused the issuer to fail to comply. Prohibits anyone from knowingly circumventing such an accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Securities and Exchange Commission to the Department of Justice jurisdiction to enforce the bribery prohibitions of the FCPA with respect to issuers. Revises the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made "directly or indirectly" to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments to such officials that are lawful under the foreign country's laws; (3) payments which constitute tokens of regard or esteem; (4) expenditures associated with selling, purchasing, or demonstrating goods; or (5) ordinary expenditures associated with performing a contract with a foreign government. Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act. Prohibits prosecution of a domestic concern or specified agents of such concern for violating the Federal mail or wire fraud provisions by making a payment to a foreign official if the prosecution is based on the theory that the official, by receiving the payment, violated a duty to or defrauded the foreign government or the citizens of a foreign country. Authorizes the Attorney General to issue guidelines specifying: (1) permissible conduct associated with common types of export sales arrangements; and (2) precautionary procedures which would create a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the opinion states that the conduct does not involve a violation. Directs the Attorney General to protect the confidentiality of materials submitted in the review procedure. Requires annual reports to the Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Title V: Related Tax Provisions - High Technology Research and Scientific Education Act of 1985 - Part A: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Part B: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses, and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporation's R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 7 October 1985
Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Congressional Budget Act of 1974 to eliminate the second concurrent resolution on the budget and thus provide for annual adoption of a single concurrent resolution on the budget (budget resolution). Sets forth maximum Federal budget deficit amounts for each of fiscal years 1986 through 1991 providing for the incremental reduction of the deficit to zero by 1991. Requires Old Age, Survivors and Disability Insurance (OASDI) revenues and expenditures to be included in the calculation of such deficit amounts. Prohibits either House of Congress from considering or adopting a budget resolution or a revision thereof providing for budget outlays exceeding revenues by more than the prescribed maximum deficit amount. Requires the Congress to complete action on any reconciliation bill or resolution to: (1) an original budget resolution by June 15 of each year; or (2) a revised budget resolution within 30 days after the revision is adopted. Provides that no amendment that would increase specific budget outlays or reduce specific revenues set forth in a budget resolution or reconciliation bill shall be in order in the House or the Senate, unless such amendment provides for offsetting adjustments in other outlays and revenues to ensure that the deficit set forth in the budget resolution is not increased or exceeded. Requires each Senate and House committee to report its subdivisions of allocated budget outlays and new budget authority within ten days of session after the budget resolution is agreed to. Makes it out of order for the House or the Senate, after the Congress has completed action on the budget resolution for a fiscal year, to consider legislation that, if enacted, would: (1) provide for or require budget outlays or new budget authority in excess of the appropriate committee allocation reported in connection with such resolution, unless legislation is favorably reported by the Committee on Appropriations of the House involved with a certification that the appropriate committee will take actions necessary to assure that enactment of such legislation will not result in a deficit exceeding the maximum deficit amount applicable; or (2) provide for new budget authority or spending authority or reduce revenues so that the resulting deficit would exceed the level set forth in such budget resolution or the applicable maximum deficit amount. Permits a congressional committee to report alterations to its reported allocations of budget outlays and authority, provided that such alterations are consistent with any actions taken by its House on legislation within its jurisdiction. Requires the conference report on any legislation providing new budget authority or new or increased tax expenditures to disclose the information required to be disclosed in committee reports on such legislation. Requires the Federal budget transmitted to the Congress by the President each year, and revisions thereof, to set forth levels of outlays and revenues resulting in a deficit not in excess of the applicable maximum deficit amount. Requires the Director of the Office of Management and Budget and the Director of the Congressional Budget Office: (1) to estimate the levels of total revenues and budget levels for each fiscal year; (2) to estimate the rate of real economic growth during that year; (3) to determine whether the deficit for such year will exceed the applicable maximum deficit amount and whether such excess is statistically significant; and (4) to submit a report to the President and the Congress specifying the amount of any excess, whether it is statistically significant, the estimated rate of real economic growth for that year, and the percentages by which automatic spending increases (excluding increases in OASDI benefits) and relatively controllable expenditures shall be reduced during such year in order to eliminate such excess. Requires the President, upon receiving such a report which identifies a statistically significant excesss, to issue an order which eliminates one-half of such excess by suspending or uniformly reducing (not below zero) automatic spending increases under Federal law for such year, and which eliminates the other half by sequestering amounts of budget authority, obligation limitations, and loan limitations, and by adjusting Federal payments, to the extent necessary to reduce each relatively controllable expenditure by a uniform percentage. Directs the President to send a message to both Houses of Congress identifying: (1) the total amount and the percentage by which automatic spending increases are to be reduced; (2) the amount of budget authority, obligation limitations, and loan limitations to be sequestered and payments to be adjusted for all, and each, relatively controllable expenditure; and (3) the account, department, establishment, project, or function affected by such revision of expenditures. Prohibits such an order from eliminating any Federal program, project, or activity. Directs the President to issue such order: (1) within 14 days after receiving such report if the estimate for real economic growth for the fiscal year is zero or greater; or (2) within 30 days if the estimate for real economic growth is less than zero. Authorizes the President, during such 30-day period, to submit to the Congress a joint resolution to: (1) reduce the deficit to an amount not exceeding the applicable maximum deficit amount; or (2) suspend the requirements of this Act for such fiscal year. Permits the President's message to the Congress to include alternative ways to reduce the deficit to an amount not exceeding the maximum deficit amount. Permits the Committee on the Budget of the House or the Senate, within ten days after the President has issued such an order, to report a joint resolution superseding such order. Makes it out of order for the House or the Senate to consider or agree to any such resolution which, if enacted, would cause the fiscal year deficit to exceed the deficit set forth in the budget resolution most recently agreed to, or the applicable maximum deficit amount. Sets forth House and Senate procedures for consideration of such a resolution. Amends the Social Security Act to provide that OASDI revenues and expenditures shall be excluded from the Federal budget transmitted by the President to the Congress and from the congressional budget, and shall be exempt from general budget limitations imposed on Federal expenditures and net lending. Prohibits any law enacted after enactment of this Act from providing for payments between the Treasury and the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund. Changes the date by which the President must submit to the Congress a supplemental summary of the budget for a fiscal year from July 16 to September 16. Waives specified provisions of this Act in any fiscal year for which a declaration of war has been enacted.
United States · United States Congress · 3 October 1985
Health Care Savings Account Act of 1985 - Amends the Internal Revenue Code to permit individuals (employees or self-employed individuals) and employers to contribute to health care savings accounts. Limits the amount which may be contributed to a health care savings account each year to no greater than the combined amount of employee and employer hospital insurance (Medicare) payroll tax paid during that year. Provides that the employee or self-employed individual and the employer will each receive a 60 percent tax credit for their respective portion of their hospital insurance payroll tax paid. Provides that a health care savings account shall be exempt from income taxes, except for the tax on certain unrelated business income, and except where such account: (1) engages in prohibited transactions; or (2) is used to pledge as security for a loan. Excludes from gross income of the distributee amounts distributed from a health care savings account provided that these funds are used for eligible medical expenses while the individual is eligible for Medicare. Permits the tax-free rollover of contributions from one health care savings account to another for the benefit of the distributee. Imposes a penalty of ten percent of the amount of any early distributions from a health care savings account. Provides that no amount distributed out of a health care savings account may be taken as a medical expense deduction. Imposes a tax on any excess contributions to such accounts. Imposes a penalty tax on prohibited transactions involving a health care savings account. Imposes a five percent tax on distributions from a health care savings account in the taxable year which reduces the level of all such accounts with respect to the distributee below the total value of health care savings account tax credits for the distributee. Provides exceptions for certain distributions. Imposes a 100 percent tax on such distributions if the distributions are not corrected within the taxable period. Imposes a 50 percent excise tax on the difference between the value of a decedent's health care savings accounts at the time of death and the amount contributed into the spouse's health care savings account at the time of, and on account of, such death. Establishes certain penalties for failure to file required reports with respect to health care savings accounts. Amends title XVIII (Medicare) of the Social Security Act to provide that in the case of an individual who has established a health care savings account, the total amount of any Medicare benefits which will be paid with respect to the individual will be reduced by a health care savings account-related deductible for the year. Provides that this deductible amount will be equal to 60 percent of the amount of medical-related expenditures that could be reasonably underwritten (by an insurance company) for the average Medicare beneficiary assuming that the annual premium will equal the health care savings account annuity. Provides special rules for individuals who cannot obtain insurance to cover their added deductible at the standard premium rates. Provides that these high cost insurance beneficiaries' added deductible is reduced by a proportion reflecting 80 percent of the excess premium required above the standard rate, except that the deductible may not drop below 120 percent of the individual's health care savings account annuity amount. Provides that the health care savings account-related deductible and the annuity amount shall be recalculated upon the qualification of a younger spouse for Medicare. Establishes catastrophic health care expense protection for certain individuals qualifying for Medicare protection. Requires such individuals to have contributed at least one-third of the maximum amount possible over the course of their careers into a health care savings account and at least $100 (indexed for inflation) or 50 percent of the maximum contribution per year, whichever is greater, in ten individual years. Treats surviving spouses without a separate health care savings account as eligible for the catastrophic coverage if the deceased spouse was formerly eligible for catastrophic coverage and the surviving spouse rolls 100 percent of the health care savings account of the deceased spouse into a health care savings account.
United States · United States Congress · 24 September 1985
Amends the Internal Revenue Code to provide that self-employed individuals may deduct the amounts contributed to an accident or health plan for compensation to such individual for personal injury or sickness. Prohibits any deduction for any contribution made as an employee of any person.
United States · United States Congress · 18 September 1985
Contract Savings Act of 1985 - Amends the Office of Federal Procurement Policy Act to require the procurement of property and services from the private sector when the costs are lower than those of providing such property and services by the Federal Government. Requires the Administrator of General Services to prescribe regulations for such cost comparisons. Makes greater reliance on private sector sources a part of Federal procurement policy.
United States · United States Congress · 12 September 1985
Expresses the sense of the Congress that the President should form a National Commission on the Farm Credit System to recommend agricultural credit reforms.
United States · United States Congress · 30 July 1985
Amends the Federal criminal code to impose a life sentence without eligibility for parole upon any person who engages in the sexual exploitation of a child for profit or through the use of force (or threat of force) that would likely result in serious bodily injury or death to the minor.
United States · United States Congress · 10 July 1985
Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to allow a civil action to be brought by a plaintiff only when the private suit rests on an injury caused by conduct that led to the defendant's conviction of one of the predicate offenses listed in the statute or of a criminal violation of RICO itself. Requires the plaintiff to bring such action within one year of the defendant's conviction.
![Official portrait of Rep. Combest, Larry [R-TX-19]](https://www.congress.gov/img/member/c000653_200.jpg)