United States · United States Congress · 6 January 1987
Establishes within the Department of Defense a Conventional Defense Advisory Board to survey and make recommendations on all aspects of conventional warfare (particularly the conventional defense of Europe). Requires the Board to report annually to the Secretary of Defense on the relationship between current programs and the requirements for more adequate conventional defenses. Requires the Secretary to forward such report to the Congress.
United States · United States Congress · 6 January 1987
Surface Transportation and Uniform Relocation Assistance Act of 1987 - Title I: Federal-Aid Highway Act of 1987 - Federal-Aid Highway Act of 1987 - Directs the Secretary of Transportation to: (1) apportion for FY 1987 and 1988 the sums authorized to be appropriated for such year for expenditure on the National System of Interstate and Defense Highways; (2) transmit to the Congress within ten days after January 2, 1989, a revised cost estimate for completing the Interstate System; (3) use the Federal share of congressionally approved estimates in making apportionments for FY 1991; and (4) apportion for FY 1987 certain sums for substitute highway and urban mass transit projects. Authorizes appropriations for FY 1986 through 1991. States that 25 percent of substitute highway project funds for FY 1984 through 1991 shall be distributed at the Secretary's discretion. Directs the Secretary to use the Federal share of certain congressionally approved substitute highway cost estimates in making apportionments for FY 1984 through 1991. Sets distribution guidelines for the apportionment of substitute transit funds for FY 1984 through 1991. Authorizes additional amounts for substitute mass transit projects beginning FY 1987. States that if the State of Oregon completes a certain highway segment in Washington County (Oregon), the non-Federal share of such segment's construction costs shall include all funds expended by private land developers after January 1, 1980. Amends the Federal-Aid Highway Act of 1956 to authorize appropriations for the Interstate System through FY 1993. Sets a ceiling, with specified exceptions, for the total of all obligations for Federal-Aid Highways and highway safety construction programs for FY 1988 through 1991. Sets guidelines for redistribution by the Secretary of unused obligational authority among the States. Authorizes appropriations out of the Highway Trust Fund for FY 1987 through 1991 for: (1) the Interstate rehabilitation program; (2) the Federal-aid primary system in rural areas; (3) the Federal-aid secondary system in rural areas; (4) the Federal-aid urban system; (5) Indian reservation roads; (6) forest highways; (7) public lands highways; and (8) parkways and park highways. Requires that a minimum of ten percent of the authorized appropriations be expended with small businesses owned and controlled by socially and economically disadvantaged individuals. Revises the apportionment ratios for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System. Extends the authorization formula for Federal-aid primary systems from FY 1986 to 1991. Revises the definition of "construction" to include the elimination of roadside obstacles. States that engineering and design services contracts shall be awarded under the same criteria as are contracts for architectural and engineering services under the Federal Property and Administrative Services Act of 1949. Authorizes a State or local governmental body that receives Federal funds to impose limitations upon contracts awarded to contractors doing business in South Africa. Requires contracts relating to State highway department construction projects upon the Federal-aid system to include a standard clause concerning site conditions which differ from those specified in the contract. Permits the use of convict labor and convict-produced materials in highway construction on Federal-aid systems: (1) if such convicts are on supervised release; or (2) if the materials are produced by convicts in a qualified prison facility, but the amount of materials produced in any 12-month period does not exceed the amount previously produced in such facility during the 12-month period ending July 1, 1985. Requires States which identify non-Federal highway funding sources on highway signs to similarly identify federally-assisted construction projects which are funded out of the Highway Trust Fund. Sets limitation guidelines upon the aggregate amount of funds authorized to a State for highway substitute projects, Federal-aid system projects, or bridge projects. Provides that apportioned funds not obligated within the authorized fiscal year for the Interstate System within a State shall be made available by the Secretary according to certain priorities (including high cost projects for construction of high occupancy vehicle lanes and other lanes on any highway in Los Angeles County, California, designated as part of the Interstate System). Authorizes the Secretary to make discretionary funds available to California for construction of high occupancy vehicle lanes, even if such State does not meet certain eligibility criteria. Requires the Secretary to set aside specified sums from the Interstate 4R program (reconstruction, rehabilitation, resurfacing, and restoration) for discretionary projects. Directs the Secretary to give priority consideration to projects costing more than $10,000,000 on high-volume urban routes or high-truck volume rural routes. Outlines the factors which the Secretary should consider when selecting State recipients of such discretionary funding. Authorizes the value of certain unused right-of-way in the State of Arizona to be credited to the unobligated balance of certain funds apportioned to the State. Makes funds available to Puerto Rico for construction of access and development roads on a Federal-aid system. Requires that Federal funds used for projects on State toll roads be repaid to the Treasury if such toll roads do not become free to the public upon collection of sufficient tolls to liquidate their costs or any outstanding bonds (as well as the costs of maintenance, operation, and debt service during the toll collection period). Permits States to transfer unconditionally 20 percent of their Interstate 4R each year to primary projects. Permits such funds to be used at the same 90 percent Federal matching share as for Interstate projects, except where law provides for a higher matching share. Makes eligible for full Federal financing the costs of certain highway safety construction projects, including traffic signs, highway lights, guardrails, and impact attenuators. States that the Federal share payable for the Great River Road projects, at State request, may be less than 95 percent, but not less than 75 percent. Increases by five percent (up to a maximum of 95 percent) the Federal share payable for highway or bridge construction projects in which significant amounts of coal ash are used. Increases from $30,000,000 to $50,000,000 the limits on emergency relief grants for each State for each disaster. Increases such limit to $55,000,000 for each State for each disaster occurring in calendar year 1985, and to $100,000,000 for each disaster in calendar year 1986. Makes the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands eligible for emergency relief funding. Makes eligible for Federal assistance a project to repair any portion of an interstate route in the vicinity of Salt Lake City, Utah, damaged by the flooding of the Great Salt Lake in 1983. Authorizes the Secretary to reimburse the State of Utah for any work carried out on such project. Exempts tank trucks and ocean transport containers, and any motor vehicle hauling any dump trailer from vehicle weight and length limitations until September 1, 1988. Allows Federal participation in a State toll road which is part of the Interstate System even though the State highway department and the toll road authority have incurred an indebtedness to finance certain ineligible construction expenses for a feature recommended by a final environmental impact statement. Permits the State to use toll receipts to defray such costs, for which Federal funds may not be used. Reduces by a minimum of five percent (but not more than ten percent) certain Federal-aid highway funds apportioned to any State which the Secretary of Transportation has determined has not made provisions for effective control of outdoor advertising along the Interstate System and the Federal-aid primary system. Requires States to maintain an annual inventory of outdoor advertising subject to this Act. Prescribes guidelines for the effective control of outdoor advertising. Prohibits the States from establishing, after July 1, 1987, any area as unzoned commercial or industrial (for outdoor advertising purposes) if it had not been designated as such prior to that date. Sets just compensation guidelines for the removal of outdoor advertising prohibited by this Act. Increases the amounts set aside for the discretionary bridge program through FY 1991. Restricts the obligation of funds under such program to certain highway bridge rehabilitation projects. States that from 15 percent to 35 percent of the amount of State apportionments for FY 1987 through FY 1991 shall be expended for highway bridge rehabilitation projects on public roads other than those on a Federal-aid system. Declares the General Bridge Act inapplicable to bridges over waters used by recreational boating, fishing, and other small vessels with a length of 21 feet or less. Requires the Secretary to submit a bridge report to the Congress biennially along with the Highway Conditions and Performance Report. Authorizes the Secretary to approve, upon application by Arkansas, Federal assistance for construction of a highway bridge to replace ferryboat service. Limits the Federal share of such construction cost to 80 percent. Limits the amount of certain Interstate highway funds which the States may expend for purposes of transportation planning. Authorizes appropriations out of the Highway Trust Fund for Federal-aid highway purposes for 1984 and after. Directs the Secretary to establish national bridge safety inspection standards for all highway bridges. Prescribes guidelines for such standards. Directs the Secretary to establish a training program for bridge inspectors. Provides that the net income received by a State as of FY 1988 from airspace rights-of-way acquired using Federal assistance from the Highway Trust Fund shall be used for Federal-aid highway projects. Directs the Secretary to: (1) implement a strategic highway research program; and (2) set aside specified funds for FY 1987 through 1991 to implement such program. Requires that at least one quarter of one percent of the funds expended under landscaping contracts in any State in any fiscal year be used for planting native wildflower seeds and seedlings. Authorizes the Commonwealth of Massachusetts to construct a State Police Barracks on certain State-owned property. Changes Buy American provisions to increase from 50 percent to 85 percent the domestic content requirements for certain manufacturers of buses and other rolling stock. Makes such requirements inapplicable to contracts entered into before January 6, 1987. Increases the bid price differential for foreign manufacturers from 10 percent to 25 percent. Requires the Secretary to apply equally to each highway, mass transit and highway safety program any percentage reduction which is implemented in accordance with certain sequestration orders issued by the President. Makes eligible for Federal-aid highway funds the construction costs of the alternative for any Interstate route recommended in any final environmental impact statement submitted by the State of Massachusetts in September 1983 and approved by the Secretary. Sets apportionment guidelines for such project. Declares eligible for Interstate construction funds park and ride facilities, and direct access connectors between such facilities in the vicinity of Fort Lauderdale, Florida, and high occupancy vehicle lanes connecting Miami and Jacksonville, Florida. Authorizes Arkansas to use apportioned funds for the planning, design, and construction of a specified highway. Makes certain interstate lane construction projects eligible for certain Federal-aid highway funds. Authorizes the Secretary to approve (upon the joint request of the Governor of California and the local governments concerned) a substitute transit construction project for a fixed-guideway system in lieu of eligible interstate lane construction if the substitute project is in or adjacent to the proposed right-of-way for such lanes. Directs the Secretary to approve certain transfer concept plan modifications requested by the Governors of Maryland, Massachusetts, and Connecticut which include substitute highway and mass transit projects. Prescribes criteria for such approval. Declares that upon repayment by the State of New York of the amount of Federal funds expended to acquire property for the portion of I-478 which was withdrawn from the Interstate System, such State will be deemed to have met its repayment requirements. Prohibits the expenditure of Federal funds for highway construction, planning, and design in the vicinity of Charlotte Amalie, Virgin Islands. Requires the Secretary to report to the Congress regarding a review of existing studies relating to traffic congestion in such vicinity. Exempts a certain privately-owned facility located on specified Interstate routes in Michigan from Federal prohibitions against commercial establishments on commercial rights-of-way of the Interstate System. Declares that the fair market value of any lands donated to California for the right-of-way for relocation and construction of a certain highway in Orange County shall be credited to the non-Federal share of such project costs. Requires the State of Virginia and the District of Columbia to restrict the use of the Shirley Highway express lanes during rush hours to high occupancy vehicles, emergency vehicles, and motorcycles. Authorizes appropriations for railroad-highway crossing demonstration projects for FY 1987 through 1991. Authorizes appropriations out of the Highway Trust Fund for FY 1987 for rights-of-way acquisition and railroad construction costs in the vicinity of Carbondale, Illinois. Requires the Secretary to: (1) make a grant to each State within which the Consolidated Rail Corporation operates a rail vehicle safety demonstration program over railroad-highway crossings; and (2) report to the Congress regarding such program's effectiveness in improving railroad-highway crossing safety. Authorizes appropriations for such programs for FY 1987 through 1991. Directs the Secretary to implement specified highway demonstration projects in certain States, and to submit status reports to the Congress regarding such projects. Authorizes appropriations for such projects for FY 1987 through 1991. Makes certain funds earmarked for parkways available to finance the upgrading of a certain highway providing access through a portion of the Cumberland Gap National Historical Park (Virginia). Directs the Delaware River Joint Toll Bridge Commission to enter into an agreement with the Secretary of Transportation (in conjunction with the State highway agencies of Pennsylvania and New Jersey) to repay Federal funds previously obligated for the Delaware Water Gap Bridge on Interstate 80. Requires the Commission and such States to enter into an agreement with the Secretary of Transportation if the Commission and such States decide to operate an uncompleted bridge on Interstate 78 as a toll bridge. Grants congressional consent to a supplemental agreement between Pennsylvania and New Jersey which: (1) grants the Delaware River Joint Toll Bridge Commission authority to collect tolls and revenues for the use of Commission facilities and to expend such revenues for existing non-toll bridges over the Delaware River between New Jersey and Pennsylvania; and (2) authorizes such States to construct a bridge across the Delaware River in the vicinity of Easton, Pennsylvania, and Phillipsburg, New Jersey. Designates a certain portion of an Oklahoma State Route which lies on the Federal-aid primary system as United States Highway 377. Designates a certain bridge crossing the Mississippi River near Le Claire, Iowa, as the Fred Schwengel Bridge. Directs the Secretary to conduct studies and report to the Congress regarding: (1) highway apportionment and allocation formulas; (2) enforcement of vehicle weight limitation on bridges (authorizes appropriations for FY 1987 for such study); (3) highway bridges which cross rail lines; and (4) parking for handicapped persons. Requires the Secretary to make a grant to the California Department of Transportation to determine the feasibility of using a highway electrification system as an energy source for highway vehicles. Authorizes appropriations for such grant for FY 1987 through 1989. Directs the Secretary to conduct feasibility studies and report to the Congress regarding: (1) the cost-effectiveness of upgrading a certain highway between Pennsylvania and New York State; (2) State bridge management programs; (3) minimum Federal guidelines for maintenance of the Federal-aid primary, secondary and urban systems; (4) a proposed highway from Shreveport, Louisiana, to Texarkana, Fort Smith, and Fayetteville, Arkansas, and Carthage and Kansas City, Missouri; (5) construction of a bypass highway around the city of Sebastopol, California (authorizes appropriations for such study for FY 1987); and (6) construction of a major highway on an inland route in the vicinity of Buffalo, New York. Prohibits the obligation of funds for a project to widen any State route through the historic district of the village of Hudson, Ohio, or for the construction of any alternative or bypass route within one mile of such historic district, unless the village council of such village specifically approves the project. Rescinds certain amounts available under the urban high density program. Makes certain funds available out of the Highway Trust Fund for a certain urban high density program designated in the State of Indiana. Directs the Secretary to conduct a feasibility study regarding the establishment of a public ferry boat service which would connect two Federal-aid highways in the vicinity of Niobrara, Nebraska, and Springfield, South Dakota. Title II: Highway Safety Act of 1987 - Highway Safety Act of 1988 - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1987-1991 for the following programs: (1) bridge replacement and rehabilitation; (2) hazard elimination; and (3) highway safety research and development under the auspices of the National Highway Traffic Safety Administration and the Federal Highway Administration. Authorizes appropriations for highway safety programs for FY 1987 through 1991 implemented by the National Highway Traffic Safety Administration (NHTSA) and the Federal Highway Administration (FHWA). Amends the Surface Transportation Assistance Act of 1982 to authorize appropriations for FY 1987 for highway safety programs implemented by the NHTSA. Sets forth the minimum amount of authorized funds which must be obligated for enforcement of the national speed limit and for safety belt programs. Sets an obligation ceiling for highway safety programs for FY 1987 through 1991. Sets forth a weighted compliance formula to be used by the Secretary in determining a State's apportionment of Federal-aid highway funds based upon State enforcement of the national speed limit. Revises the State eligibility criteria under which the States may receive alcohol traffic safety program grants. Authorizes the Secretary to test a new drug and alcohol testing technology, and to determine its potential for preventing drug and alcohol related traffic deaths. Requires the Secretary to report to the Congress regarding such technology. Directs the Secretary to commission the National Academy of Sciences to study the most effective safety measures regarding the transportation of children in school buses. Requires the Academy to report the findings of such report to the Secretary and the Congress. Authorizes the Secretary to set aside funds for FY 1989 through 1991 for making grants to States to implement schoolbus safety measures which the Secretary determines are the most effective. Amends the Surface Transportation Assistance Act of 1982 to prohibit the Secretary from establishing final minimum standards regarding splash and spray suppressant devices (on trucks and trailers) until the Secretary has determined that: (1) such devices will substantially reduce splash and spray and improve visibility; (2) such standards are technologically practicable; and (3) there exist three or more unaffiliated manufacturers capable of manufacturing devices meeting the standards to be established. Declares that State reports regarding certain hazard elimination programs and rail-highway crossings are inadmissible evidence in any action for damages arising out of matters referred to in such reports. Revises the definition of "highway safety improvement project" to include a project which installs emergency motorist-aid call boxes. Amends the Highway Safety Act of 1973 to authorize appropriations for FY 1987 through 1991. Amends the National Driver Register Act of 1982 to extend the deadline by which the Secretary is required to: (1) promulgate final rules regarding establishment of the National Driver Register; (2) begin a pilot test program for an electronic information retrieval system regarding individual motor vehicle driving records; and (3) report to the Congress regarding the Register. Modifies Federal law regarding highway safety programs to require States to establish programs that are in accordance with Federal guidelines (thus allowing more flexibility to the States which must currently comply with Federal standards). Eliminates the requirement of State driver education training programs as a condition of Federal financial assistance. Authorizes the Secretary to determine the most effective highway safety measures through rulemaking, in consultation with the States. Amends the Highway Safety Act of 1978 to direct the Secretary to conduct a national highway safety education and information campaign, using specified techniques and practices found to be most effective under certain Federal guidelines. Prohibits the obligation of certain authorized funds for any education or information program conducted in connection with the implementation of Federal Motor Vehicle Safety Standard 208. Directs the Secretary to conduct a comprehensive investigation of railroad-highway crossing needs (in consultation with specified groups) and to report to the Congress regarding such investigation. Directs the Secretary to: (1) arrange with the National Academy of Sciences to conduct a study of problems facing older drivers; (2) request the Academy to report to the Secretary and the Congress regarding such study; (3) develop a pilot program of highway safety improvements to enhance the safety and mobility of older drivers; (4) encourage the States to implement such program with highway safety improvement funds; and (5) evaluate such program and report to the Congress on its effectiveness. Rescinds a specified amount of unobligated contract authority for airport development and planning made available under the Airport and Airway Improvement Act of 1982. Title III: Federal Mass Transportation Act of 1987 - Federal Mass Transportation Act of 1987 - Amends the Urban Mass Transportation Act of 1964 to replace the letters of intent procedure with provisions which authorize the Secretary to enter into multi-year contracts for the construction of mass transportation facilities. Requires the Secretary to submit annually to the appropriate congressional committees: (1) a proposal on the total amount of funding needed to finance grants and loans for bus and bus-related activities, rail modernization, and the construction and extension of fixed-guideway systems; and (2) a proposal on the allocation of such funds to finance grants and loans for rail modernization and fixed-guideway construction and extension projects. Makes such proposals effective upon approval by law. Sets forth the circumstances under which the Secretary is authorized to approve advance construction for certain mass transportation projects. Prohibits the issuance of funds for new fixed-guideway systems or extensions unless such projects are determined to be: (1) based on the results of alternatives analysis and preliminary engineering; (2) cost-effective; and (3) supported by local financial commitment. Authorizes appropriations for FY 1982 through 1991 for public transportation projects substituted for withdrawn Interstate segments. Permits certain grant recipients to continue the preferential fare collection system for elderly and handicapped persons in lieu of the collection of half-fares for such persons. Amends the Urban Mass Transportation Act of 1964 to require the development of long-term financial plans for regional urban mass transit improvements and the revenue to implement such improvements. Permits block grants to be made to implement an urban mass transportation program of projects in whole or in part. Excludes certain advertising and concession revenues from consideration as a revenue source for purposes of the Federal block grant program for urban mass transportation. Requires Federal block grant recipients to submit an annual report to the Secretary regarding revenues derived from the sale of advertising and concessions relating to the operation of a public mass transportation system. Revises the limitations placed upon the use of certain apportioned funds by small urbanized areas for operating assistance. Extends from 1984 to 1992 the authority for (block grant) recipients to transfer capital assistance for operating assistance. Limits the use of discretionary amounts resulting from such transfer to the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities. Prohibits certain grant recipients after FY 1986 from making such transfers except for emergency repairs or pursuant to predated authority. Authorizes State governors to transfer funds apportioned for expenditure in an urbanized area of less than 200,000 population to supplement funds apportioned to other urbanized areas within the State upon the approval of the local elected officials and publicly owned operators of mass transit services in each area with respect to which the funding was originally apportioned. Sets a deadline by which funds appropriated for the block grant program must be apportioned. Directs the Secretary to make grants to nonprofit institutions of higher learning to establish and operate one regional transportation center in each of the ten Federal regions. Sets forth criteria to be met by grant recipients. Establishes in the Department of Transportation a national advisory council to: (1) coordinate the research and training to be carried out by grant recipients; (2) disseminate the results of such research; (3) act as a clearinghouse between such centers and the transportation industry; and (4) review and evaluate programs carried out by such centers. Authorizes appropriations for such centers for FY 1987 through 1991. Authorizes certain grant recipients under the Urban Mass Transportation Act of 1964 to contract directly with the original manufacturer or supplier of an associated capital maintenance item to replace it if such recipient certifies that: (1) such manufacturer or supplier is the only source for such item; and (2) the price of the item is no higher than the price paid by like customers. Provides that contracts for engineering and design services under the Urban Mass Transportation Act of 1964 shall be awarded in the same manner as contracts for architectural and engineering services under the Federal Property and Administrative Services Act of 1949 (or equivalent State qualifications-based requirements). Authorizes grant recipients under such Act to restrict the awarding of contracts to persons which conduct business in South Africa if such recipient first enters into an agreement with the Secretary that the excess costs resulting from such restriction will not be considered a cost of a project under such Act. Makes eligible for construction assistance: (1) any bus remanufacturing project which extends the economic life of a bus eight years or more; and (2) any project for the overhaul of rolling stock, whether or not such overhaul increases the useful life of the rolling stock. Lowers the expense threshold for associated capital maintenance items which are eligible for certain mass transportation block grants. Makes the Federal grant for any mass transportation construction project 80 percent of the net project cost. States that the extent to which the private sector will participate in the provision of mass transportation functions and services shall be decided at the State and local levels by grant applicants, not by the Secretary. Prohibits the use of funds for new bus acquisitions unless a model of such a new bus has been tested at a specified bus testing facility established pursuant to this Act. Provides for fee collection for testing at the facility. Authorizes appropriations for such facility for FY 1987 and 1988. Directs the Secretary to issue regulations requiring a preaward and postdelivery audit regarding any grant under this Act for the purchase of buses. States that the protective arrangements regarding employee interests made by public agencies receiving Federal assistance to mass transportation shall not restrict the rights of such recipients from entering into mass transportation contracts with private entities. States that the Federal share for certain non-required capital improvement projects which enhance the accessibility of elderly and handicapped persons to public transportation service shall be 95 percent of the net cost of such project. Authorizes appropriations for FY 1987 through 1991 for block grants and for a formula grant program for areas other than urbanized areas. Authorizes appropriations out of the Mass Transit Account of the Highway Trust Fund for FY 1987 through 1991 for specified activities, and authorizes appropriations for certain projects for FY 1987 through 1991. Authorizes the Secretary to use grant program funds to contract directly for construction management oversight on major capital projects. States that the Federal share of such projects shall be 100 percent, and limits the amount of funds which the Secretary may use to enter into construction management oversight contracts. Makes bicycle facilities construction projects near mass transportation facilities eligible for Federal assistance. Declares the Federal share of such projects shall be 90 percent. Requires the Secretary to enter into a multi-year contract with: (1) the Southern California Rapid Transit District to complete a specified segment of a certain Los Angeles Metro Rail Project; and (2) the Mississippi River Bridge Authority of the Louisiana Department of Transportation and Development to complete transit lanes on a certain bridge. Increases the amount of apportioned funds which may be used for operating assistance with respect to urbanized areas in Fort Lauderdale and Miami, Florida, for each fiscal year in which onsite construction is implemented on a certain Interstate route in Dade, Broward, and Palm Beach Counties, Florida. Restricts such increased operating assistance to commuter rail service provided as a maintenance-of-traffic measure during the construction period. Directs the Secretary to: (1) make a grant to an eligible local public body to conduct an electric bus line feasibility study using certain bus technology being developed in California; and (2) conduct a feasibility study in cooperation with the city of Philadelphia, Pennsylvania, regarding restoration of abandoned trolley services. Requires the Secretary to report to the Congress regarding such study results. Directs the Secretary to develop a comprehensive mass transportation plan for the Virgin Islands and report to the Congress on it within one year of enactment of this Act. Prescribes guidelines under which the Interstate Commerce Commission shall issue bus carrier certificates to recipients of governmental assistance. Subjects the issuance of intrastate passenger transportation certificates to the condition that any intrastate transportation service be provided only if the carrier provides regularly scheduled interstate transportation service on the route. Title IV: Uniform Relocation Act Amendments of 1987 - Uniform Relocation Act Amendments of 1987 - Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to revise various definitions for purposes of such Act. Permits a Federal agency to discharge its responsibilities by accepting the certification by a State agency that it will implement State law to carry out the Federal relocation assistance program, provided that the lead agency determines that such State law will accomplish the purpose and effect of this Act. Requires the head of such agency, prior to accepting certification, to provide interested parties with an opportunity for public review and comment, and to consult with interested local governments. Directs the head of the lead agency to monitor and report biennially to the Congress on State agency implementation of such certification. Permits an agency to withdraw acceptance of a certification after providing the State government with notice. Permits a Federal agency to withhold approval of any grant, contract, or cooperative agreement with any displacing agency found to have failed to comply with certification or State law. Requires the payment to displaced persons of actual expenses, not exceeding $10,000, necessary to reestablish a displaced small business, nonprofit organization, or displaced farm at its new site. Removes the limitation on the moving expense allowance and the fixed amount of the dislocation allowance that a person displaced from a dwelling may elect to receive in lieu of itemized expenses. Declares that such allowances shall be determined according to a schedule established by the head of a lead agency. Increases the maximum and decreases the minimum limitations on the payment a person displaced from a business or farm operation may elect to receive in lieu of itemized deductions. Declares that such amount shall be determined according to criteria established by the lead agency. (Currently, such amount is based on the annual earnings of the farm or business.) Increases the maximum amount of assistance that a displacing agency may provide to a displaced homeowner for replacement housing. Requires such assistance to include an amount necessary to: (1) meet the reasonable cost of a comparable replacement dwelling as defined in this Act; and (2) compensate the displaced person for any increased financing costs. Authorizes a displacing agency to extend the one-year period, following payment for an acquired home, during which the displaced person must purchase and occupy a replacement dwelling in order to qualify for housing replacement payments, but limits such payments to the costs of relocating such person within that one-year period. Increases the ceiling (currently $4,000) on the amount of rental housing replacement assistance provided to displaced tenants to $6,000. Permits eligible displaced tenants to apply such rental assistance toward the downpayment on a decent, safe, and sanitary replacement dwelling. Declares that displaced homeowners who meet the residency requirement for rental housing replacement assistance but not for homeowner's housing replacement assistance may qualify for rental assistance, at the discretion of the lead agency. Requires that all relocation assistance advisory programs: (1) provide information on suitable locations for displaced farming (and business) operations; and (2) assure that no person is required to move before being given a reasonable choice of suitable replacement dwellings. Provides for the designation of a single, cognizant Federal agency to establish procedures to be used by a non-Federal displacing agency to implement related activities funded by two or more Federal agencies. Authorizes advisory services to certain renters in properties acquired by a displacing agency. Directs the lead agency to require that provisions authorizing a displacing agency to use project funds to provide dwellings for displaced persons, if the project would be delayed because suitable replacement housing is not otherwise available, be used to exceed housing replacement assistance ceilings only on a case-by-case basis and for good cause. Provides that any payment a displaced person receives under State law shall replace a housing replacement or real property acquisition payment for substantially the same purpose under the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Requires the head of the lead agency to: (1) promulgate rules to carry out such Act; (2) coordinate relocation assistance activities with Federal and federally-financed low-income housing programs; (3) monitor the implementation of such Act; and (4) perform such other duties as necessary. Requires the Commonwealth of Massachusetts to assist in and coordinate the salvaging of the foundation and associated structures of a certain historic house in Charlestown, Massachusetts, and to assist and coordinate the incorporation of such foundation and structures into the reconstruction of City Square at Charlestown, Massachusetts. Declares low-income housing assistance as income for purposes of determining eligibility for assistance under the Social Security Act or any other Federal law. Requires a State agency to pay the United States all net amounts (currently all amounts) received from the sale of surplus Federal property transferred to the agency for the purpose of providing replacement housing. Repeals the authority of any displacing agency to make loans to various organizations for planning and obtaining federally-insured mortgage financing for housing for displaced persons. Authorizes the lead agency to prescribe a procedure under which Federal agencies may acquire real property without having it appraised. Permits a displaced person to donate the real property being acquired or any of the compensation paid for such property to the acquiring agency. Sets forth effective dates of specified provisions of this Act.
United States · United States Congress · 6 January 1987
Mutual Nuclear Warhead Testing Moratorium Act - Expresses the sense of the Congress that the President should declare that the United States: (1) will, as soon as in-country reciprocal monitoring arrangements are implemented, stop testing nuclear warheads; and (2) will invite the Soviet Union to stop testing nuclear warheads and meet with the United States to enter into negotiations for the conclusion of a Comprehensive Test Ban Treaty at the earliest possible date. Declares that the United States should continue the cessation of the testing of nuclear warheads so long as the Soviet Union refrains from the testing of nuclear warheads and substantive Comprehensive Test Ban Treaty negotiations are in progress. Expresses the sense of the Congress that during such cessation the President should seek resumption of the comprehensive test ban talks. Prohibits the United States from obligating or spending any money for testing nuclear warheads outside a designated test area or for testing certain larger warheads within such a test area during the 12-month period beginning 90 days after enactment of this Act if the President does not declare a cessation of nuclear testing. Declares that such prohibition shall cease to apply if the President certifies that: (1) the Soviet Union has carried out such tests; or (2) after the prohibition takes effect, the Soviet Union refuses to accept and implement reciprocal in-country monitoring arrangements. Sets forth information to be included in such certification. Declares that the limitation on nuclear explosions shall be supplanted by a U.S.-Soviet agreement establishing significant limits on nuclear explosions that is negotiated after enactment of this Act. Requires the President to report annually to the Congress on progress in negotiating a U.S.-Soviet Comprehensive Test Ban Treaty.
United States · United States Congress · 6 January 1987
Sunset Act of 1987 - Title I: Reauthorization of Government Programs - Sets forth a ten-year schedule for reauthorization of all Federal programs according to budget function and subfunction as set forth in the Budget of the United States Government for FY 1987. Sets forth the procedure in the House of Representatives and the Senate for the consideration of any bill, resolution, or amendment which authorizes new budget authority. States that it is not in order for either House to consider any legislation which authorizes the enactment of new budget authority for a program for a period of more than ten years, for an indefinite period, or for any fiscal year beginning after the next reauthorization date applicable to such program. Provides that before the Congress can appropriate funds for any program after its first reauthorization date, there must be a specific authorization in law to support the appropriation. Requires the committees of the Senate and House of Representatives to schedule and conduct a sunset review of programs to be reauthorized. Requires that the report accompanying such reauthorizations contain specified information and be completed during the Congress in which the program is scheduled for reauthorization. Exempts from the requirements of this Act specified programs such as interest on Federal debts, health care services, general retirement and disability payments, litigation activities which have as their objectives the protection and implementation of civil rights guaranteed by the Constitution, and specified retirement pay and benefits. Allows the reauthorization schedule set forth in this Act to be changed by concurrent resolution of the two Houses of Congress and sets forth the procedure for such change. Requires all legislation and other matters related to changes in the dates for programs under this Act to be referred to the committee with legislative jurisdiction over any program affected by the proposal and, sequentially, to the Committee on Rules in the House of Representatives and to the Committee on Rules and Administration in the Senate. Requires such committees to report any concurrent resolution or bill referred to it by a committee of legislative jurisdiction within 30 days, with a statement on each of its recommendations. Title II: Program Inventory - Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs. Declares that the purpose of such program inventory is to advise and assist the Congress in carrying out reauthorization and reexamination requirements and to link such reauthorization and review process with the budget process. Requires the Comptroller General to submit such program inventory to each House of Congress no later than January 1, 1988. Sets forth the contents of the inventory program, including the type of authorization provided for such programs' new budget authority and the manner in which related program areas may be grouped for evaluation and review. Directs the congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and to suggest revisions. Requires that the program inventory be revised at the end of each session of the Congress, and that such revisions be reported to each House. Requires that periodic reports tabulate the progress of congressional action on bills and resolutions authorizing budget authority for programs in the inventory. Requires the Comptroller General and the Director of the Congressional Budget Office to submit periodic reports to the Congress on the adequacy of the functional and subfunctional categories for grouping programs of like missions or objectives. Title III: Program Reexamination - Requires each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction. Sets forth procedures for such review, and criteria for selection of program areas for evaluation. Directs each committee to consult with the appropriate committees of either the House of Representatives or the Senate in order to achieve coordination of program reevaluation. Directs each Committee to inform itself of the related activities of or assistance available from the General Accounting Office, the Congressional Budget Office, the Congressional Research Service, the Office of Technology Assessment, and other appropriate instrumentalities in the executive and judicial branches. Requires each committee to deliver a report on the reexamination to the Secretary of the Senate or the Clerk of the House at the date specified in the funding resolution first reported by such committee in 1989 and thereafter for the first session of each Congress. Allows two or more committees which have legislative jurisdiction over the same programs or portions of the same programs to examine such programs jointly and submit a joint report. Stipulates that such report: (1) contain the findings, recommendations, and justifications of the program; and (2) include specified information including, but not limited to, an assessment of the cost-effectiveness of the program and an identification of any trends, developments, and emerging conditions which are likely to affect the nature and extent of the problems or needs which the program is intended to address. Requires each executive department or agency which is responsible for a program selected for reexamination to submit a report to the Office of Management and Budget and to the appropriate committees of the Congress on its findings, recommendations, and justifications of specified aspects of the program. Title IV: Tax Expenditures - Requires the Director of the Congressional Budget Office, after consultation with the Joint Committee on Taxation of the Congress, to prepare an inventory of tax expenditure provisions and to submit a report on such inventory to the Committee on Ways and Means of the House and the Senate Finance Committee. Defines the term "tax expenditure provision" as any provision of Federal law which allows a special exclusion, exemption, or deduction in determining liability for any tax or which provides a special credit against any tax, a preferential rate of tax, or a deferral of tax liability. Specifies the contents of the report, which include an estimate of the revenue loss from each tax provision. Requires the Director to: (1) submit a revised inventory to each House by December 1, 1988; (2) revise the inventory after the close of each session of Congress and report such revisions to the Congress; and (3) periodically report on congressional action on bills and resolutions which create or affect tax provisions. Directs the House Committee on Ways and Means and the Senate Committee on Finance to prepare a reauthorization schedule for all tax provisions similar to the schedule set out for Federal programs in title I of this Act. Requires the Congress to take final action on the reauthorization schedule for tax provisions before the end of the 100th Congress. Provides that each tax expenditure provision shall expire unless it is reauthorized by a law enacted during the Congress in which it is scheduled for review. Sets forth procedures and restrictions for the consideration of bills reauthorizing tax provisions which are similar to the restrictions and procedures governing bills authorizing new budget authority for Federal programs as described in title I. Requires that the report accompanying a reauthorization bill include specified information. Permits the Congress to prescribe technical rules necessary to mitigate adverse effects which might result for taxpayers who rely on a certain tax provision. Title V: Miscellaneous - Permits the committees of the Congress to obtain from agencies estimates or requests for appropriations, or requests for increases in an item of any such estimate or request, and recommendations as to how the revenue needs of the Government should be met. Sets forth administrative procedures and requirements. Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a Regulatory Duplication and Conflicts Report for all programs scheduled for reauthorization in the next Congress. Requires that each such report identify duplicative or conflicting rules and regulations promulgated by executive departments, independent agencies, and State and local governments and contain recommendations which address such conflicts or duplications. Directs the chairmen of the House and Senate committees having jurisdiction over a program scheduled for reauthorization during a Congress to introduce a bill constituting a reauthorization within 15 days of the beginning of the second session of that Congress. Declares that it shall be in order to discharge a committee from consideration of such a bill if the committee fails to report the bill by a specified date. Makes it the duty of the Committees on Governmental Affairs and on Rules and Administration of the Senate and the Committees on Government Operations and Rules of the House to review the operation of the procedures established by this Act and to submit a report every five years beginning December 31, 1994. Authorizes appropriations through FY 1998.
United States · United States Congress · 6 January 1987
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 · 6 January 1987
User Tax Equity Act of 1987 - Amends the Congressional Budget Act of 1974 to prohibit the House of Representatives or the Senate from considering any concurrent resolution on the budget which includes any budget process enforcement device restricting any legislation which: (1) provides new spending authority, if the budget authority for resulting outlays is derived from a trust fund funded by specified tax receipts and if the sum of the anticipated tax receipts plus the existing revenues and unobligated balance of the trust fund exceeds the sum of the estimated new obligational authority plus the existing obligational authority to be derived from the trust fund; or (2) provides new budget authority derived from a trust fund funded by specified tax receipts, if the amount of such new budget authority plus the existing revenues and unobligated balance of the trust fund exceeds the estimated new budget authority plus the existing obligational authority to be derived from the trust fund. Prohibits either House from considering any concurrent resolution on the budget which includes reconciliation instructions requiring a reduction in spending authority derived from any trust fund funded by specified tax receipts below the amount of the revenues and unobligated balance of the trust fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt from reduction under any sequestration order payments from trust funds funded by specified tax receipts.
United States · United States Congress · 6 January 1987
Declares that the United States: (1) condemns the seven years of Soviet aggression against the Afghan people; and (2) urges the conclusion of a negotiated political settlement based on the complete withdrawal of foreign troops, restoration of the independent status of Afghanistan, self-determination for the Afghan people, and the safe return of the Afghan refugees.
United States · United States Congress · 6 January 1987
Prohibits the Secretary of Defense from testing or deploying an antiballistic missile system which is sea based, air based, space based, or mobile land based unless the President certifies to the Congress that the Soviet Union has tested or deployed such a system.
United States · United States Congress · 6 January 1987
Gives special recognition to the achievements of wilderness ecologist Aldo Leopold. Urges Federal land management agencies to model their activities after the conservation ethic he inspired.
United States · United States Congress · 6 January 1987
Expresses the sense of the House of Representatives that neither the President nor the Congress should impose any import fees on the importation of any crude oil or refined petroleum products.
United States · United States Congress · 6 January 1987
Establishes in the House of Representatives the Select Committee on Hunger to conduct a continuing comprehensive study of the problems of hunger and malnutrition. Requires an annual report from such committee, including a summary of its activities.
United States · United States Congress · 7 October 1986
Designates the Veterans Administration Medical Center located in Pittsburgh, Pennsylvania, as the Charles E. Kelly Veterans Administration Medical Center.
United States · United States Congress · 2 October 1986
Farm Credit Act Amendments of 1986 - Amends the Farm Credit Act of 1971 to terminate the Farm Credit Administration's (FCA) prior approval authority over Farm Credit System (FCS) loan interest rates. Authorizes FSC banks, from July 1, 1986 through December 31, 1988, to reduce borrowing costs by capitalizing "excess" borrowing costs (amounts by which debt incurred before January 1, 1985, exceeds prevailing market rates) and loan losses and amortizing such amounts over 20 years. Terminates FCA's prior approval authority over interest rates on FCS direct and discounted loans. Exempts FCS banks from having to follow generally accepted accounting principles in preparing financial statements relating to amortization of capitalized costs.
United States · United States Congress · 26 September 1986
Intergovernmental Mandate Relief Act of 1986 - Title I: General Provisions - Declares that it is the purpose of this Act to establish procedures to assure that the Federal Government pays the total amount of additional direct costs incurred by State and local governments in complying with any intergovernmental regulation which takes effect on or after the date of enactment of this Act and after the termination of the General Revenue Sharing Program. Title II: Compensation of State and Local Governments for Additional Direct Costs - Prohibits a Federal agency or court from requiring compliance in any fiscal year by State or local governments with any intergovernmental regulation unless provisions of law have been enacted which compensate such governments for additional direct costs incurred by such compliance. Declares that the compensation requirement may be waived by the enactment of a joint resolution of the Congress. Requires the Director of the Congressional Budget Office to estimate such additional direct costs and include such estimates in annual reports to the President and the Congress. Requires congressional committees to propose amendments to significant laws for which regulations will be promulgated containing provisions to compensate State and local governments for additional direct costs of compliance. Establishes procedures for Federal agencies to reimburse State governments for additional direct costs and for State governments to reimburse local governments for such costs. Title III: Miscellaneous - Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office to prepare cost estimates for bills or resolutions which are likely to cost State and local governments $100,000,000 (currently, $200,000,000) or more annually.
United States · United States Congress · 25 September 1986
Provides for the continuation of the three-year income tax basis recovery rule with respect to annuities of Federal employee contributions to Federal retirement systems. Directs the Office of Personnel Management to report to specified congressional committees on the effects of a retroactive repeal of such rule on the Federal workforce.
United States · United States Congress · 24 September 1986
Amends the Steel Import Stabilization Act to provide that any steel product that is manufactured in a country that is not party to a bilateral arrangement (a non-arrangement country) from steel which is melted and poured in a country that is an arrangement country will be treated for purposes of the quantitative restrictions under that arrangement as if it were a product of an arrangement country. Requires the Customs Service, if provided with documentation that a steel product was exported by an arrangement country to a non-arrangement country where the product was transformed for export to the United States, to treat such documented product as if it were a product of the arrangement country for purposes of quantitative restrictions. Requires the U.S. Trade Representative to consult with Canada, Sweden, and Taiwan for the purpose of negotiating bilateral steel arrangements with such countries. Restricts imports of steel from such countries if such consultations do not result in the successful negotiation of arrangements within 90 days of enactment of this Act.
United States · United States Congress · 23 September 1986
Retirement Health Plan Act of 1986 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to provide protection for private retirement health plan benefits. Title I: Reporting and Disclosure Requirements for Retirement Health Plans - Makes specified ERISA disclosure and reporting requirements applicable to retirement health plans. Requires with respect to retirement health plans that: (1) all provisions of the plan be in writing; (2) the rights of participants and beneficiaries under such plan be legally enforceable; and (3) such plan be established with the intention of being maintained for an indefinite period of time. Applies certain pension plan annual reporting requirements to retirement health plans. Makes the exemption from certain reporting and disclosure requirements of employee welfare benefit plans unavailable in the case of retirement health plans. Requires reporting of participant's benefit rights on request in the case of retirement health plans. Allows alternative methods of compliance with disclosure and reporting requirements for retirement health plans. Title II: Vesting Requirements - Sets forth minimum vesting standards for retirement health plans. Provides for a nonforfeitable right to medical benefits under retirement health plans for participants who are retired or eligible for retirement (and for their surviving beneficiaries). Title III: Tax Incentives for Vesting and Full Funding of Retirement Health Plan Benefits - Adds retirement health plan trusts to the list of tax-exempt organizations under the Internal Revenue Code. Provides for a tax credit for full funding of retirement health plans. Provides for approval of a "prescribed percentage" in determining such credit by joint resolution of the Congress. Title IV: Retirement Health Plan Termination Insurance Program - Subtitle A: Basic Provisions - Includes retirement health plans under provisions for plan termination insurance. Revises definitions to reflect such inclusion. Sets forth premium rates for retirement health plans termination insurance. Provides that retirement health plan benefits are guaranteed by the Retirement Benefit Guaranty Corporation (as redesignated by this Act). Guarantees that the Corporation upon termination of the plan will distribute the amount of accrued benefit in a lump sum to the participant (or among surviving beneficiaries). Limits the guarantee to benefits with respect to participants who have retired or who are eligible to retire. Sets forth other limitations. Permits termination of retirement health plans only: (1) where they are sufficient to meet benefit commitments to eligible participants; or (2) upon meeting distress criteria. Sets forth provisions for the allocation of assets of a terminating retirement health plan. Sets forth revisions relating to section 4049 trusts. Sets forth provisions relating to liability for termination of retirement health benefit plans. Subtitle B: Conforming Provisions - Redesignates the Pension Benefit Guaranty Corporation as the Retirement Benefit Guaranty Corporation. Establishes a revolving fund for retirement health plan benefits. Sets forth conforming amendments for coverage of retirement health plans under title IV (Plan Termination Insurance) of ERISA. Sets an aggregate limit on the amount of retirement health plan benefits guaranteed. Includes retirement health plans under provisions for institution of termination proceedings by the Corporation and under provisions relating to reportable events. Limits recapture of payments to pension plans. Sets forth conforming amendments with respect to reports to trustees, dates of termination, and amounts payable by the Corporation. Provides for liability of the substantial employer for withdrawal from retirement health plans under multiple controlled groups. Provides for liability on termination of retirement health plans under multiple controlled groups. Includes retirement health plans under provisions for annual notification of substantial employers. Makes conforming amendments with respect to recovery of liability for plan termination and liens for liability. Sets forth enforcement authority relating to terminations of retirement health plans. Sets forth an effective date and related rules.
United States · United States Congress · 22 September 1986
Designates the United States Courthouse and Customhouse on West Broadway, Louisville, Kentucky, as the Gene Snyder United States Courthouse and Customhouse.
United States · United States Congress · 18 September 1986
Designates the property known as Steamtown in Scranton, Pennsylvania, as the Steamtown National Historic Site. Directs the Secretary of the Interior to administer such Site through cooperative and grant agreements with the owners. Authorizes the Secretary to provide financial and technical assistance in maintaining such Site. Authorizes appropriations.
United States · United States Congress · 17 September 1986
Amends the Congressional Budget Act of 1974 to provide that it shall not be in order for either House of Congress to consider any legislation which would impose any requirement on State or local governments which is likely to result in an annual cost to such governments of $50,000,000 or more for any particular program, project, or activity, except for legislation which complies with any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the report of the Committee on the Budget of each House accompanying the concurrent resolution on the budget to identify changes in federal aid programs for State and local governments on a program-by-program basis.
United States · United States Congress · 12 September 1986
Pornography Victims Protection Act of 1986 - Amends the Federal criminal code with respect to the prohibition against the sexual exploitation of children to add as a condition triggering Federal penalties that the person concerned know that a minor was transported in interstate or foreign commerce for the purpose of producing pornography. Makes it a criminal offense for any person to coerce, intimidate, or fraudulently induce an individual 18 years or older to engage in any sexually explicit conduct for the purposes of producing any visual depiction of such conduct. Grants the U.S. district courts jurisdiction to prevent and restrain violations of this Act. Authorizes the Attorney General or any person threatened with loss or damage by such conduct to institute a civil suit. Provides for treble damages for a victim who suffers physical injury, emotional distress, or property damage. Imposes civil penalties for violation of the prohibition against sexual exploitation of children.
United States · United States Congress · 12 September 1986
Philippines Sugar Quota Act of 1986 - Permits a foreign country to be allocated a portion of the U.S. import quota on sugars, syrups, and molasses only if the President determines that such country is a friendly developing country and is a net exporter of sugars, syrups, and molasses. Requires the reallocation of a foreign country's allotment of the U.S. sugar import quota to the Philippines (until the Philippine share of such quota reaches 27 percent of its total) if such country is no longer determined to be a friendly developing country and a net exporter of sugar. Provides for the reallocation of a country's sugar import quota among all foreign countries if the Philippine share of the total import quota is 27 percent. Provides that the terms for sugar imports from the Philippines shall be as favorable as the terms for such imports from any other countries (including countries granted duty-free treatment).
United States · United States Congress · 10 September 1986
Farm Credit System Borrower Interest Rate Relief Act of 1986 - States that it is the policy of the Congress that Farm Credit System (System) institutions should take steps to establish competitive interest rates based on the marginal cost of funds. Amends the Farm Credit Act of 1971 to repeal provisions for Farm Credit Administration (FCA) approval of interest rates charged by Federal land banks, Federal intermediate credit banks, and banks for cooperatives. Prohibits the FCA from requiring System institutions to maintain capital levels by charging interest rates in excess of commercial rates.
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 · 8 September 1986
Information Dissemination and Research Accountability Act - Establishes in the National Library of Medicine a National Center for Research Accountability to assist in eliminating duplication of effort in Federal research proposals involving live animals. Directs the President to appoint as members of the Center 20 experts in the biomedical information sciences who are currently employed by a Federal agency in a capacity which qualifies them to make determinations as to whether research proposals involving live animals are duplicative of other research efforts. Sets forth provisions for a Director of the Center. Prohibits Federal agencies from carrying out or funding any research proposal involving live animals unless the proposal is submitted to the Center following agency approval. Prohibits Federal funding of any such proposal which the Center determines would duplicate other research completed or in process. Authorizes the Center to contract with private entities to assist in the conduct of comprehensive full-text literature searches. Directs the President to establish rules to preclude any conflict of interest in the awarding of such contracts. Authorizes the President to appoint uncompensated advisors to the Members of the Center. Directs the Center to report annually to the President and the Congress. Provides for modernization of biomedical information storage and dissemination by the National Library of Medicine. Directs the Library to: (1) acquire, in full-text form, all biomedical information owned or available for use by Federal agencies (except information already in the Library or classified for national security reasons); (2) transcribe and store in full-text all such information acquired by the Library after January 1, 1960; (3) translate into English all foreign-language biomedical information owned or used by the Library; (4) make available through modern technologies, at cost, to medical libraries all full-text biomedical information in its collection; (5) support, by grants and contracts, the creation of new information for teaching and demonstrations, including audiovisual aids and computer graphics technologies; (6) make available, at cost, such new information to research and teaching institutions; and (7) increase the number of persons trained in modern methods of biomedical information storage and dissemination technologies by making available stipends, awards, and grants to persons engaged in such training. Provides that the cost to those requesting such biomedical or such teaching and demonstration information shall include the Federal expenses incurred in acquiring and making it available. Authorizes the Library to award contracts to the private-sector data recording industry to improve: (1) the development of technologies for storage and dissemination of full-text biomedical information; and (2) dissemination of such information to medical libraries for research use. Authorizes the Secretary of Health and Human Services to appoint uncompensated advisors to the Library for purposes of this Act. Requires the Library to report annually to the Congress on its progress. Authorizes appropriations for FY 1986 and thereafter.
United States · United States Congress · 14 August 1986
Prevention, Identification, and Treatment of Elder Abuse Act of 1986 - Directs the Secretary of Health and Human Services to establish an office known as the National Clearinghouse on Elder Abuse to: (1) compile an annual summary of recently conducted research on elder abuse; (2) develop and maintain an information clearinghouse on all programs for the prevention and treatment of such abuse; (3) compile training materials for personnel engaged in elder abuse prevention; (4) provide technical assistance for the planning and implementation of programs relating to the problems of elder abuse; and (5) investigate the causes and national incidence of elder abuse. Authorizes the Secretary to make grants to or enter into contracts with public agencies or nonprofit organizations for demonstration projects designed to prevent and treat elder abuse. Sets forth the terms and conditions for such grants. Authorizes the Secretary to make grants to States for the development and implementation of elder abuse prevention and treatment programs. Requires such States to have in effect a State elder abuse law with mandatory reporting provisions. Sets forth other requirements for eligibility. Prohibits the use of assistance for construction of facilities. Directs the Secretary to establish criteria to achieve equitable distribution of assistance among the States. Authorizes appropriations.
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 · 12 August 1986
(Measure reconsidered and passed Senate, amended, roll call #255 (36-35)) Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to develop emergency response procedures for rail carriers engaged in the transportation of hazardous materials. Prohibits any railroad tank car built before November 6, 1971, from being used for commercial transportation of hazardous materials unless such tank car meets all safety requirements imposed on tank cars built after such date. Requires the Secretary to report to the Congress the results of a study regarding the public safety considerations of railroad tank car design.
United States · United States Congress · 5 August 1986
Interstate Compact - Appalachian States Low-Level Radioactive Waste Compact Consent Act- Grants congressional approval to the Appalachian States Low-Level Radioactive Waste Compact which provides for cooperation among the States of Pennsylvania, West Virginia, and any other eligible State (Maryland or Delaware, if either should become a party) in the management of low-level radioactive waste.
United States · United States Congress · 1 August 1986
Amends the Internal Revenue Code to allow certain steel companies to elect a 15-year carryback of 50 percent of investment tax credit carryforwards in existence as of the beginning of their first taxable year beginning after December 31, 1985. Requires any steel company receiving a refund due to such carryback to use such a refund either: (1) to purchase an insurance policy to provide employee life and health insurance coverage for one year after the beginning of bankruptcy proceedings; or (2) directly in connection with the trade or business of the corporation in the manufacture or production of steel.
![Official portrait of Rep. Kolter, Joseph P. [D-PA-4]](https://www.congress.gov/img/member/k000307_200.jpg)