United States · United States Congress · 30 January 1986
Requests the Working Group for Planetary System Nomenclature of the International Astronomical Union to officially designate seven of the ten moons recently discovered by the Voyager-2 spacecraft near the planet Uranus in the names of the seven astronauts who died in the explosion of the space shuttle Challenger.
United States · United States Congress · 29 January 1986
Social Security Trust Funds Safeguard Act of 1986 - Amends titles II (Old Age, Survivors and Disability Insurance) and XVIII (Medicare) of the Social Security Act to require that all amounts appropriated to, or deposited in, a trust fund established under one of those programs be immediately and exclusively available for the purposes for which trust fund amounts are specifically made available under such program. Requires the President, in addition to appointing one member of the the public to the Board of Trustees of the social security trust funds (currently two members of the public are chosen), to appoint a Managing Trustee to the board, by and with the advice and consent of the Senate, for a term of four years. Provides that the Managing Trustee may be removed only for cause, but is prohibited from engaging in any other business, vocation, or employment. Requires the Department of Health and Human Services to provide the Managing Trustee with appropriate assistance. Directs the Managing Trustee to invest that portion of the social security trust funds which is not required to meet current withdrawals in accordance with an annual investment plan submitted by the Board. Requires the Board to conduct a continuing study and actuarial analysis of the status of investments made by the Managing Trustee and, by August 1 of each year, formulate and submit to the President and each House of the Congress an investment plan to govern the investments of the social security trust funds during the fiscal year. Requires the annual investment plan to set forth standards governing the investment and disinvestment of the trust funds which ensure, so far as is possible, that the OASDI and Medicare programs fulfill their intended purposes in a fiscally and actuarially sound nonpartisan manner, free from the influence of irrelevant budgetary or fiscal considerations. Directs that such plan be accompanied by any recommendations of the Board regarding investment of the social security trust funds. Directs that the investment plan and recommendations be incorporated in a special message to each House. Sets a minimum and maximum on amounts of the social security trust funds to be invested in obligations which are not obligations of the United States but which are guaranteed as to both principal and interest by the United States. Sets forth effective date and transitional provisions.
United States · United States Congress · 28 January 1986
Prohibits any benefits payable from the Civil Service Retirement and Disability Fund, including cost-of-living increases, during calendar year 1987 from being subject to reduction or suspension by statute or presidential order.
United States · United States Congress · 28 January 1986
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt cost-of-living increases in Federal retirement and disability programs from reduction under the President's sequestration order for FY 1986. Provides for reducing the outlays of each agency to offset the increased costs.
United States · United States Congress · 27 January 1986
Provides that, on the 125th anniversary of the Congressional Medal of Honor, the Congress and appropriate agencies should acknowledge and honor all of the Medal's recipients.
United States · United States Congress · 23 January 1986
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates the 14th day of June 1986 as Baltic Freedom Day. Authorizes and requests the President to submit the issue of Baltic self-determination to the United Nations.
United States · United States Congress · 19 December 1985
Permits the reappointment of a specified number of air traffic controllers who were separated from service for participation in a strike initiated on August 3, 1981. Requires such reappointments to be made in FY 1986 and 1987.
United States · United States Congress · 19 December 1985
Pharmaceutical Export Amendments of 1986 - Amends the Federal Food, Drug, and Cosmetic Act to permit the export of certain drugs (including biological products) intended for human or animal use even though such drugs have not been approved or licensed for use in the United States. Directs the Secretary of Health and Human Services to establish and update a two-tiered list of countries with adequate governmental health authorities which in the first tier includes developed regulatory procedures and tests with experienced scientific personnel and in the second tier includes sufficient ability to assure consistency of labeling information. Permits shipments to nonlist countries if differing health conditions there make such shipments desirable, e. g. tropical diseases. Permits the export of an unapproved drug to a second tier country if such drug is approved for use in any first-tier country and not banned for use in any first-tier country. Prohibits the export of drugs denied approval on the basis of safety and efficacy or whose manufacture in the United States has been determined to be contrary to U.S. health and safety. Sets forth other criteria and restrictions on the export of such drugs, including notice requirements on shipments and notice of and opportunity to cure deficiencies in such shipments. Permits the Secretaries of Agriculture and Health and Human Services to prohibit noncomplying shipments and shipments otherwise permitted if either Secretary determines a shipment would present an imminent hazard to the public health of the recipient country. Requires the Comptroller General to report biennially to the Secretary of Health and Human Services and the Congress on the extent to which drugs unauthorized for a country are being received by such country and the extent to which labeling is consistent. Directs the Secretary to contract for a study to be submitted to the Congress within five years on the economic and international health impact of this Act. Includes conditions prevalent in a developing country among the criteria for orphan drugs.
United States · United States Congress · 19 December 1985
Expresses the sense of the House of Representatives that: (1) the President should continue to express to the Soviet Union U.S. opposition with respect to the harassment and arrests of Hebrew teachers and Jewish activists in the Soviet Union; and (2) the Soviet Union should comply with its commitments under specified international human rights agreements and cease its persecution of individuals on the basis of their Jewish faith.
United States · United States Congress · 17 December 1985
Expresses the sense of the House of Representatives that the President should grant pardons to Rabbis Leonard Cahan, David Oler, Bruce Kahn, Mark Levine, and H. Steven Bayar, who were sentenced to prison for demonstrating at the Embassy of the Soviet Union.
United States · United States Congress · 5 December 1985
Federal Incentives for State Health Care Professional Liability Reform Act of 1985 - Establishes a program to provide development and incentive grants to States for enacting medical malpractice liability reforms. Describes the reforms which must be in effect for States to receive incentive grants, including: (1) the manner of payment of damage awards exceeding $100,000; (2) a $250,000 limit on noneconomic losses; (3) the method for determining attorneys' fees; and (4) certain requirements regarding health care professional liability insurance. Requires each State receiving an incentive grant to prepare and transmit a report to the Secretary of Health and Human Services every two years describing: (1) State liability reforms enacted, adopted, or in effect; (2) activities conducted by the State with grants received under this Act; and (3) any current problems with respect to health care professional liability or health care professional liability insurance. Requires the Secretary to transmit periodic reports to the Congress summarizing the information provided by the States. Authorizes appropriations.
United States · United States Congress · 5 December 1985
Expresses the sense of the Congress that Canada should carry out its pledge to discontinue the imposition of Federal excise tax on imported U.S. tourism literature.
United States · United States Congress · 4 December 1985
Superfund Amendments of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)(Superfund) to direct the Administrator of the Environmental Protection Agency (EPA) to establish reportable quantities for all hazardous substances by December 31, 1986. Directs the Administrator to give primary attention to releases which may present a threat to public health. Grants the Administrator discretion to decide when responsible parties are authorized to conduct cleanup actions in lieu of Superfund-financed responses. Requires short-term removal actions undertaken by the Administrator to contribute to the degree possible to the efficient performance of any long-term action. Requires coordinated action among Federal and State natural resource trustees when hazardous substance releases threaten such resources. Increases the maximum time and funding limit on short-term response actions when appropriate. Requires States to assure the availability of hazardous waste disposal facilities sufficient for the next 20 years' wastes. Credits States with expenditures made at National Priorities List (NPL) sites on cost-eligible response actions. Revises other State cost-sharing measures. Treats long-term cleanup of groundwater or surface water as a part of the costs of remedial action. Grants EPA employees or contractors the necessary access to facilities and information to determine if the need for a response action exists. Prescribes a cleanup schedule for Superfund, requiring the Administrator to list at least 1,600 facilities on the NPL by January 1, 1988. Sets a schedule for the conduct of remedial investigations and feasibility studies (RIFS) and remedial action at a NPL sites. Directs the Administrator to revise the National Contingency Plan (NCP) within 18 months to reflect this Act's amendments. Requires the review of the hazard ranking system within one year. Permits individuals to petition the Administrator for a preliminary hazard assessment at a site. Includes contamination of the ambient air and damage to the human food chain as criteria for ranking a hazard. Eliminates the requirement that the NPL contain at least 400 sites. Prohibits the Administrator from taking abatement action against any release resulting from an applied pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act. Includes all vessels releasing hazardous substances within the jurisdiction of the United States under the liability provisions of CERCLA. Makes certain investigatory and assessment costs recoverable from the responsible party. Exempts Government agencies responding to a hazardous substance emergency from liability for all but negligent actions. Directs the Administrator and each Governor to appoint Federal and State trustees, respectively, for natural resources, creating a rebuttable presumption that their assessment of damages to such resources is valid. States that cleanup costs incurred in a response action constitute a Federal lien against the property of a responsible party. Sets forth evidentiary requirements for establishing financial responsibility. Permits direct action against a financial guarantor if the person liable is financially or physically unavailable for redress. Entitles such a guarantor to all rights and defenses available to the liable party. Limits the liability of such guarantor to its financial responsibility to the responsible party. Increases criminal penalties and adds certain civil penalties for violations of this Act, including failure to provide accurate information at specified times. Authorizes appropriations of $1,830,000,000 for each of FY 1986 through 1990 from Superfund, establishing the Fund level. Authorizes the use of Superfund monies for the authorities created by this Act. Eliminates the use of Superfund for payment of natural resource damage claims, except as specified. Revises auditing procedures to require annual audits and reports to the Congress by the Inspector General. Authorizes appropriations out of general revenue for Superfund for FY 1986 through 1990 of $250,000,000 per year. Establishes a six-year statute of limitations for Superfund claims, setting forth special rules for minors and incompetents. Authorizes nationwide service of process under CERCLA. Establishes a three year statute of limitations for the initiation of actions for contribution for response costs of damages and for recovery claims for damages to natural resources. Establishes a six-year statute of limitations for cost recovery actions. Prohibits pre-enforcement review of an ongoing removal. Limits judicial review of Federal decisions under this Act to the administrative record. Establishes new procedures for reimbursement of costs and provides opportunities for judicial review of administrative orders once the response action is completed. Authorizes a State to require contributions to a fund to pay the costs of hazardous substance response actions or damages. Establishes within the Public Health Service the Agency for Toxic Substances and Disease Registry (ATSDR), headed by an Administrator. Requires ATSDR to implement the health-related authorities of this Act. Directs such Administrator to establish and maintain a listing of areas closed to the public or otherwise restricted in use because of contamination by hazardous substances or pollutants or contaminants. Directs the Administrator of EPA to list and periodically revise a list of hazardous substances which pose the most significant potential threat to human health. Includes pollutants or contaminants to the degree they are determined to be hazardous. Directs the Administrator of ATSDR to establish and maintain an inventory of information on the health effects of each listed substance. Requires such Administrator to also develop toxicological profiles for each such substance, assessing the current state of knowledge of their deleterious effects, and revising such profiles at least every three years. Requires the Administrator to initiate research where inadequate information on a substance is available. Requires Federal coordination of research efforts. Requires the Administrator of ATSDR to perform a health assessment for each NPL facility where a significant possibility exists that a human population has been exposed to hazardous substances existing at such facility and a significant threat of adverse health effects exists. Bases the selection of such facilities on criteria developed by the Administrator of EPA. Permits the Administrator of ATSDR to conduct health assessments at other facilities as well. Authorizes individuals to petition the Administrator of EPA for a health assessment of a site where evidence of human exposure to hazardous substances exists. Requires the completion of health assessments before the completion of remedial investigation and feasibility studies (RIFS) whenever possible. Grants priority to those sites where the potential risk to human health appears highest. Requires State or local officials conducting a health assessment to report the results and recommendations to the Administrators. Requires the Administrator of ATSDR to provide the affected State and the Administrator of EPA with the results and recommendations of any ATSDR assessment. Includes the costs of an assessment among recoverable cleanup costs whenever such assessment reveals human exposure to a hazardous substance. Directs the Administrator of ATSDR to conduct a pilot study of health effects of exposure whenever justified by an assessment to determine if full scale epidemiological studies are appropriate. Requires the Administrator to establish a registry of exposed persons if appropriate. Directs the Administrator to initiate a health surveillance program for an exposed population if justified by an epidemiological study or exposure registry. Requires the Administrator to report biennially to the Administrator of EPA and ATSDR's activities under this Act. Directs the Administrator of EPA to abate significant risks to the human population through exposure by providing alternate household water or relocation of individuals. Requires peer review of all ATSDR studies and research. Requires the Administrator of ATSDR to provide States and health professionals with educational materials on exposure-related issues. Requires the Administrator of EPA to provide a reasonable opportunity for public comment on any proposed plan for remedial action before it is implemented. Requires the Administrator to publish an explanation of any divergences from such plan or public comments. Authorizes the Administrator to make assistance available to affected individuals to help them evaluate and assess technical information and data. Prohibits the Administrator from taking a response action to certain types of releases unless such releases constitute a public health or environmental emergency. Prohibits response to releases: (1) of naturally occurring substances; (2) of building products; (3) into drinking water supply systems due to ordinary deterioration; and (4) from specified coal mining sites. Grants highest cleanup priority to releases which have contaminated or closed a sole or principal drinking water source. Requires the consideration of certain factors when adopting offsite remedies, including the long-term risks and uncertainties of land disposal. Requires a study of the shortage of skilled personnel at EPA to administer this Act. Requires radon contaminated soil to be disposed of as low-level radioactive waste. Exempts response-action contractors from liability for nonnegligent cleanup activities if they would not otherwise have been liable. Opens competition for response-actions to all interested contractors, subject to Federal and State requirements. Includes Federal facilities under CERCLA as if they were private facilities, except for certain financial responsibility and time period provisions. Applies the relevant State law when a Federal facility is not on the NPL. Requires the Administrator to establish a Federal Agency Hazardous Waste Compliance Docket for each Federal agency and department which will include information on off-site contamination and monitoring data, and releases of reportable quantities of hazardous substances. Requires that such information be made available to the public. Requires the Administrator to evaluate certain Federal facilities by January 31, 1987, for placement on the NPL, using NCP criteria. Requires the commencement of a RIFS within six months of a Federal site's placement on the NPL. Directs the Administrator to review the RIFS and enter into interagency agreements for cleanup when necessary, allowing for public participation. Requires each agency to report annually to the Congress on its implementation progress. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored. Authorizes a State to act as an on-scene coordinator at EPA expense for Federal facility cleanups in such State. Sets forth special rules to protect national security at defense facilities needing cleanup. Requires the Administrator to select appropriate cost-effective remedial actions in accordance with the NCP. Requires remedial actions selected to provide sufficient control or amelioration of the hazardous substance so as to protect human health and the environment. Requires such measures to take into account the long-term effectiveness of the solution and the alternative technologies available to the maximum extent possible. Requires a standard of control at least as strict as that provided by any other applicable Federal environmental law for onsite disposal. Requires offsite disposal to be in compliance with the relevant provisions of the Solid Waste Disposal Act. Permits waivers of otherwise applicable requirements under specified conditions. Requires compliance with otherwise applicable permit requirements for offsite and Federal site disposal, but not for onsite disposal. Requires States to pay any difference in costs for requiring a cleanup to achieve a standard more stringent than the Federal standard. Sets forth cooperative procedures between a State and EPA to determine which remedial action or siting will be followed under this Act, and who will bear what costs. Establishes standards of treatment technology for dioxin wastes. Requires a value engineering review of the cost-effectiveness of response actions in excess of $4,000,000 dollars. Authorizes the Administrator to enter into agreements whereby the releasor or any potentially responsible person conducts the remedial response. Permits the Administrator to fund part of such response. Limits the liability of the cleaning up party to that specified in the agreement. Permits the Administrator to take action against any person not a party to such agreement. Enters such agreements in the appropriate U.S. district court as consent agreements, enforceable as such. Directs the Administrator to notify potentially responsible parties of each other's identities and of the seriousness of the necessary cleanup, providing a moratorium on the commencement of remedial action for a specified period after such notice has been given. Grants notified persons an opportunity to submit a proposal to the Administrator for the undertaking or financing of remedial action. Permits the Administrator to commence remedial action if no good faith proposal is forthcoming within a specified period. Authorizes the Administrator to proceed on remedial actions where a significant public health threat exists regardless of the status of negotiations. Authorizes the Administrator to agree to refrain from pursuing any future liability of a person if an approved response action would be expedited and the person is in full compliance with the consent decree. Permits such an agreement only in the public interest after an evaluation of the effectiveness of the remedy and the nature of the remaining risks. Places premiums from such agreements into the Groundwater and Surface Water Protection Fund for future remedial actions at other facilities. Permits the Administrator to settle with persons whose share of response costs is not substantial. Authorizes EPA to settle certain claims not yet referred to the Department of Justice. Permits arbitration. Requires the Administrator to promulgate rules setting out procedures under which the Administrator would reimburse local governments for expenses incurred in carrying out temporary emergency measures necessary to prevent or mitigate injury to public health or the environment associated with the release or threatened release of hazardous substances or pollutants or contaminants. Exempts from Superfund liability landfill gas operators at facilities where such operators are recovering gas. Excludes such operators from coverage under the Solid Waste Disposal Act, except as specified. Requires the Administrator to revise the Hazard Ranking System as it applies to facilities that contain substantial volumes of wastes that relate to the combustion of coal or other fossil fuels. Prohibits the addition of facilities to the NPL on the basis of the volume of such waste until such revision is completed. Requires the Secretary of Labor to promulgate worker protection standards for the protection of government and nongovernment employees engaged in hazardous waste operations. Authorizes appropriations for FY 1986 through 1990. Establishes liability limits for ocean incineration vessels under CERCLA. Authorizes the Administrator to require additional evidence of financial responsibility for such vessels. Title II: Miscellaneous Provisions - Terminates the Post-Closure Liability Fund's responsibility to fund the cleanup of already closed sites where hazardous waste was stored in compliance with the Solid Waste Disposal Act. Directs the Comptroller General to conduct a study of options for a program for the management of the liabilities associated with hazardous waste disposal sites after their closure. Provides for the additional regulation of hazardous substances under the Hazardous Materials Transportation Act. Establishes a federally-required commencement date for the running of State statutes of limitations for injury or damages caused by exposure to a hazardous substance, pollutant, or contaminant. Makes such date the time a plaintiff should reasonably have known exposure to such a substance caused or contributed to a personal injury. Renames the Hazardous Substance Response Trust Fund the Hazardous Substances Superfund. Amends the Solid Waste Disposal Act to authorize the Administrator to provide for the cleanup of leaking underground storage tanks. Requires the Administrator to use funds in the Leaking Underground Storage Tank Trust Fund for such purposes, but holds the owners and operators of such tanks strictly liable for such costs. Authorizes State implementation of such authority under specified conditions, authorizing the Administrator to make grants to such States for such purpose. Directs the Comptroller General to study the availability of pollution liability insurance for owners and operators of such tanks. Authorizes citizen suits against violators of this Act, including the Administrator and other government officials who have failed to perform nondiscretionary duties. Permits citizen suits against nongovernment officials in the Federal district court in which the violation occurred. Permits citizen suits against any Federal official only in the U.S. District Court for the District of Columbia. Empowers such courts to impose civil penalties and to order the performance of required acts. Requires plaintiffs to give notice to the Administrator, the alleged violator, and the State in which the violation occurred before commencing proceedings. Prohibits citizen suits where the Administrator has commenced and is pursuing an enforcement action. Permits the awarding of court costs to the substantially prevailing party. States that the United States may intervene as a matter of right in all citizen suits in which it is not otherwise a party. Requires the Federal Government to provide the assurances that it will pay a share of the remedial action and maintenance costs of a cleanup on Indian lands that is otherwise required to be made by a State. Authorizes Indian tribes to recover damages for injury to natural resources from hazardous substance releases, except as specified. Includes Indian tribes on the same basis as States under certain provisions of CERCLA. Requires the Administrator to commence a study on the adverse effects of drilling fluids, produced waters, and other wastes associated with the production of crude oil or natural gas on human health and the environment within six months of this Act's enactment. Directs the Comptroller General to appoint a study group to determine the insurability of the liability of persons who generate hazardous substances, own or operate facilities liable for costs under CERCLA, or are liable for harm to persons or property caused by the release of such substances into the environment. Requires the delivery of such report to the Congress within 18 months. Authorizes the formation of risk retention groups of corporations or insurance companies to assume and spread the pollution liability of its group members. Sets forth the relationship of such groups to State laws, insurance laws, and securities laws. Directs the Administrator to review State programs for the protection of public health and the environment where the annular injection of brines associated with oil and gas production is permitted. Requires the Administrator to order enforcement or corrective action as necessary. Requires completion of such review within 18 months of this Act's enactment. Establishes a comprehensive and coordinated Federal program of research, development, demonstration, and training to develop alternative and innovative treatment technologies for response actions under Superfund. Establishes a basic university research and education program within the Department of Health and Human Services and a research, demonstration, and training program within EPA. Establishes an advisory council. Directs the Secretary of Defense to carry out a program of environmental restoration on lands under the Secretary's jurisdiction through response and remedial actions covered by CERCLA. Requires the Secretary to report annually to the Congress on such program. Permits otherwise unauthorized military construction projects if necessary for a response action. Requires oversight hearings at least annually on CERCLA. Directs the Administrator to identify and assess the location and level of radon gas and radon daughters in naturally occurring deposits of uranium collecting in residences and structures. Requires the Administrator to conduct a demonstration program on methods to reduce or eliminate the threat and to report to the Congress by December 31, 1988, on the final results. Authorizes appropriations for FY 1986 through 1988. Title III: Emergency Planning and Community Right to Know - Subtitle A: Emergency Planning - Directs each Governor to appoint an emergency response commission to supervise and coordinate local emergency response committees appointed by the State commission to develop and, when necessary, implement an emergency response plan for hazardous substance emergencies arising out of activities carried on within such district. Subtitle B: Notification Requirements - Requires owners and operators of facilities which produce, use, or store hazardous chemicals to file with local and State officials and periodically revise a material safety data sheet for each hazardous chemical. Requires such owners and operators to supply such information to any other facility owner or operator who is receiving shipments of such chemicals. Requires such owners and operators to prepare, update, and submit to the local committee a hazardous substance report showing the type, amount, location, and exposure symptoms for each covered hazardous substance. Requires such report to also include emergency notification procedures and telephone numbers. Sets forth procedures for listing such substances. Requires an extremely toxic substance status sheet for each extremely toxic substance present at a facility. Sets forth procedures for listing such substances. Requires owners and operators to maintain records of such information. Sets forth exemptions. Requires such information to be made available to the public and health professionals. Requires the owner or operator of a facility having a hazardous substance emergency to immediately notify the appropriate authorities according to the Plan, including providing an emergency bulletin for the community which provides sufficient chemical and response information to inform the public of the nature of the crisis. Subtitle C: General Provisions - Preempts State and local law in the area of chemical hazard communication. Establishes civil penalties for violations of these requirements and provides for court-ordered enforcement of the medical information provisions. Permits owners and operators to withhold trade secret information from their material safety data sheets, but not from medical personnel. Excludes from the requirements of this title the transportation of any hazardous substance. Authorizes existing Federal emergency training programs to provide training programs for government personnel in hazard mitigation, emergency preparedness, and other aspects of emergency training with response to hazardous chemical emergencies specifically in mind. Authorizes appropriations to the Federal Emergency Management Agency for FY 1986 through 1990 for such purpose. Requires the Administrator to carry out a pilot program for testing methods to determine emissions from facilities of covered substances. Authorizes appropriations. Title IV: Comprehensive Oil Pollution Liability and Compensation - Comprehensive Oil Pollution Liability and Compensation Act - Subtitle A: Oil Pollution Liability and Compensation - States that this title is inapplicable to the United States regarding oil pollution damages during any period in which both the International Convention on Civil Liability for Oil Pollution Damage, 1984 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1984 are in force with respect to the United States and compensation is available. Permits claims for damages for economic loss arising from oil pollution for: (1) removal costs; (2) injury to or destruction of real or personal property; (3) reasonable costs incurred in assessing injury or destruction of natural resources and in planning, restoring, or acquiring the equivalent of the damaged resources; (4) loss of subsistence use of natural resources; (5) loss of profits or impairment of earning capacity due to such injury or destruction; and (6) loss of tax revenue for a period of one year due to injury to real or personal property. Specifies the potential claimants who have standing to assert claims involving such damages. Imposes joint, several, and strict liability on the party responsible for the source of oil pollution. Specifies liability limits (except in cases of gross negligence or willful misconduct) for vessels. Sets forth defenses to liability. Makes the Marine Oil Pollution Compensation Fund, established under subtitle B of this Act (the Fund), liable for damages not otherwise compensated. Requires the responsible party for certain vessels over 300 gross tons and the party responsible for offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Limits the liability of a guarantor to the aggregate amount of financial responsibility that the guarantor provided. Specifies procedures whereby the Secretary of Transportation shall designate oil pollution sources. Directs the Secretary to advertise claims to be presented initially to the responsible party or to such person's guarantor, in instances in which: (1) the responsible party and guarantor both deny involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source. Permits claimants either to present a claim to the Fund or to bring an action in an appropriate U.S. court if liability is denied or the claim is not settled within a specified period. Permits States to have accelerated access to funds for compensation for cleanup costs incurred by that State as a result of an oil spill. Sets forth procedures for the disposition and appeal of claims submitted to the Fund. Requires both the plaintiff and the defendant in a court action brought against a responsible party or guarantor to forward copies of all pleadings to the Fund. Permits the Fund to intervene in such actions. Requires a claim to be presented within three years of discovery of an economic loss, or within six years of the date of the incident, whichever is earlier. Subrogates any person, including the Fund, to all the claimant's claims and rights under this title. Sets forth the measure of recovery for actions brought by the Fund against any responsible party or guarantor. Grants U.S. district courts exclusive original jurisdiction over all controversies arising under subtitles A, B, and C of this Act, without regard to the citizenship of the parties or the amount in controversy. Makes the rights and remedies under this title exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment). Sets penalties for persons failing to comply with specified provisions in this Act. Authorizes appropriations for this title. Subtitle B: Marine Oil Pollution Compensation Fund - Establishes the Marine Oil Pollution Compensation Fund to be administered by the Secretary. Makes the Fund available for purposes of: (1) removal costs incurred under specified laws; (2) costs incurred by the President or a State Governor (as trustee) in assessing damaged natural resources and preparing a restoration and acquisition plan regarding such damaged resources; (3) certain uncompensated damage claims; (4) implementing certain laws regarding oil pollution; and (5) contributions to the International Fund. Requires rebates from income to premium payers if the Fund exceeds $300,000,000. Credits against required premiums any amounts paid to the Deepwater Port Liability Fund and the Off-shore Oil Pollution Compensation Fund. Sets a maximum premium of 1.3 cents per barrel of crude oil or other petroleum products for payment into the Fund. Limits payment on any claim (except removal costs) to the extent that payment would result in the Fund having less than $30,000,000. Establishes a liability limit per incident for the Fund. Sets a maximum civil penalty for failure to pay premiums into the Marine Oil Pollution Compensation Fund. Provides that if the balance of any fund is to be transferred to the Fund, any claim arising before the effective date of this Act shall be paid from the Fund. Provides that if the Secretary determines that there is a Trans-Alaska Pipeline Liability Fund deficit, then the premium imposed on oil first transported through such Pipeline shall be increased by a certain amount until the total amount of increased premiums equals the deficit. Subtitle C: Regulations, Effective Dates, and Savings Provisions - Specifies the effective dates of specified provisions of this Act. Eliminates the Trans-Alaska Pipeline Liability Fund and provides that all unused assets of such Fund shall be rebated directly to the operator of the Trans-Alaska oil pipeline for pro-rata payments to those owners who had paid into such Fund. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, the Intervention on the High Seas Act, the Outer Continental Shelf Lands Act Amendments of 1978 and the Trans-Alaska Pipeline Authorization Act, to conform with the provisions of this Act. Transfers to the Fund amounts remaining in the Deepwater Port Liability Fund and the Offshore Oil Pollution Compensation Fund (both having been eliminated by the above repeals). Subtitle D: Implementation of Conventions - Recognizes the International Oil Pollution Compensation Fund (International Fund) as a legal person under the laws of the United States. Requires, in any action brought in the United States against the owner of a ship or his guarantor under the International Convention on Civil Liability for Oil Pollution Damage, that the International Fund and the Marine Oil Pollution Compensation Fund be served a copy of the complaint and any subsequent pleading. Entitles the International Fund to intervene as a party in any such action. Exempts the International Fund from all direct taxation in the United States. Requires any contribution to the International Fund to be paid from the Marine Oil Pollution Compensation Fund. Sets forth the jurisdiction of the U.S. district courts for controversies arising under the Civil Liability Convention or the International Fund Convention. Requires U.S. courts to recognize final judgments of courts of nations which are a party to the Civil Liability Convention or the International Fund Convention. Requires the owner of each U.S. documented ship, or any ship, wherever registered, which enters or leaves a U.S. port or terminal carrying more than 2,000 tons of oil in bulk as cargo to establish and maintain evidence of financial responsibility in amounts sufficient to cover the maximum liability arising from one incident under the Civil Liability Convention. Imposes a civil penalty for noncompliance with such financial responsibility requirement. States that the United States waives all defenses based on its status as a sovereign state with respect to any controversy arising under the Civil Liability Convention or the International Fund Convention relating to any ship owned by the United States and used for commercial purposes. Title V: Amendments to the Internal Revenue Code of 1954 - Superfund Revenue Act of 1985 - Part I: Superfund and Its Revenue Sources - Amends the Internal Revenue Code to increase and extend the environmental tax on petroleum and certain chemicals for five years, through FY 1990. Includes lead as a taxable chemical. Provides for inflation adjustments for such tax. Creates an exemption for: (1) exports; (2) lead having transitory presence during the extraction process; (3) certain recycled chemicals such as chromium, cobalt, nickel, and lead; and (4) animal feed substances. Provides a special rule for the treatment of xylene and nitric acid. Repeals the exemption for chemicals derived from coal. Repeals the Post-Closure Tax and Trust Fund of the Hazardous Substance Response Revenue Act of 1980. Imposes a tax through 1990 in increasing amounts on: (1) the receipt of hazardous waste at a qualified hazardous waste management unit or the receipt of such waste for ocean disposal; or (2) on the exportation of such waste. Sets forth exemptions for certain removal and remedial actions under the Solid Waste Disposal Act or CERCLA for waste received at any Federal facility, and for waste received at waste water treatment units. Allows credits for incineration, qualified chemical fuels, and recycled batteries. Applies the tax while corrective action at a facility is uncompleted. Imposes a tax on hazardous waste which has not been received for disposal within 270 days of its generation. Sets forth specified exemptions, including small generators. Requires persons subject to these taxes to submit to the Secretary of the Treasury any required information, including information submitted to the Administrator under the Solid Waste Disposal Act. Imposes penalties for violations of such and other information requirements. Imposes other penalties for violations of these tax requirements, including a negligence penalty. Imposes a tax through FY 1990 on any taxable substance (a substance whose value is more than 50 percent derived from petroleum or taxable chemicals) sold or used by its importer. Exempts substances already taxed as petroleum or feedstock chemicals. Imposes a Superfund excise tax on the sale or leasing of tangible personal property in connection with a trade or business or the importing of such property through December 31, 1990, or until September 30, 1990, if $10,000,000,000 has been collected and credited to the Hazardous Substance Superfund. Exempts certain small transactions, exports, and certain products, such as foods and unprocessed agricultural products from such tax. Sets forth the formula for determining the taxable amount. Sets forth rules on credits and their carryforward. Sets forth administrative provisions identifying return requirements, taxable periods, depository requirements, penalties and special rules for certain manufacturers, taxpayers under common control, and Indian tribal governments. Establishes in the Treasury the Hazardous Substance Superfund. Authorizes appropriations to Superfund for FY 1986 through FY 1990. States that such Fund replaces the Hazardous Substance Response Trust Fund. Part II: Leaking Underground Storage Tank Trust Fund and Its Revenue Sources - Imposes an additional tax on gasoline, diesel fuel, and special motor fuels. Earmarks funds for the Leaking Underground Storage Tank Trust Fund. Establishes in the Treasury the Leaking Underground Storage Tank Trust Fund to be the sole sources of revenue for cleaning up such tanks. Part III: Oil Spill Liability Trust Fund and Its Revenue Sources - Increases the environmental tax on petroleum, including an increase to fund the Oil Spill Liability Trust Fund. Establishes such Fund in the Treasury, transferring funds from under the Comprehensive Oil Pollution Liability and Compensation Act, the Deep Water Liability Fund, and the Offshore Oil Pollution Compensation Fund. Makes such monies available for removal costs under such Acts and for contributions to the International Fund of the Comprehensive Oil Pollution Liability and Compensation Act. Sets forth administrative provisions for such Fund. Part IV: Studies - Directs the Secretary of the Treasury to study the impact of the waste management tax on domestic manufacturers and report to the appropriate congressional committees by July 1, 1986. Directs the Administrator of ATSDR to report to the appropriate congressional committees by March 1, 1986, on the nature and extent of lead poisoning in children from environmental sources, including an evaluation of specific sites. Part V: Coordination with Other Provisions of this Act - Makes title V of this Act the sole taxing and financial administration authority under CERCLA.
United States · United States Congress · 19 November 1985
Trade Law Modernization Act - Title I: National Trade Policy and Negotiating Objectives; Negotiation Authority - Sets forth national trade policy objectives that shall guide U.S. trade policy and domestic economic policy. Directs the Secretary of Commerce (the Secretary), within one year of enactment of this Act, to report to the Congress on bilateral trade issues between the United States and Mexico. Directs the Secretary in such report to: (1) identify and analyze the barriers to trade between the United States and Mexico; (2) recommend actions to reduce or eliminate such barriers; (3) identify and analyze the potential effects on bilateral trade of a United States-Mexico development bank; and (4) identify and analyze the potential effects on bilateral trade of a United States-Mexico Bilateral Commission which would monitor and evaluate actions taken to strengthen ties between the two countries. Directs the Administering Authority (usually the U.S. Trade Representative) to submit by March 1 of each year to specified congressional committees a statement of the actions the Administering Authority proposes to take during such year to achieve such objectives. Requires the committees to hold hearings on such proposals and to advise the Administering Authority on such proposals. Declares that U.S. objectives in any trade negotiations shall be: (1) to obtain more open and equitable market access abroad for U.S. products and services, the reduction and elimination of the adverse effects of certain foreign trade practices, and improved effectiveness of the rules governing international trade; (2) to develop internationally accepted rules which meet certain needs; (3) to promote international cooperation in trade and monetary policies; (4) to obtain internationally agreed upon rules to evaluate and respond to government owned or controlled enterprises which engage in international trade; and (5) to establish procedures governing the sale of goods and services by such enterprises and the operation of such enterprises. Amends the Trade Act of 1974 to transfer from the President to the Secretary the authority to take action in cases of market disruption. Transfers from the President to the Administering Authority the authority to extend tariff preferences under the Generalized System of Preferences. Amends the Tariff Act of 1930 to transfer from the President to the Administering Authority the authority to make the final review of actions to prevent unfair practices in the importation of articles into the United States. Authorizes the President to impose a temporary import surcharge of 25 percent in order to restore equilibrium in the balance of payments in certain circumstances. (Currently such surcharge may not exceed 15 percent). Limits the duration of such surcharge or limits imposed on imports to improve the balance of payments to two years. (Currently such measures may be imposed for only 150 days.) Deletes certain restrictions on imposing import limitations for such purposes. Authorizes one year extensions of such measures. Directs the President to begin negotiations with foreign countries to achieve an agreement to eliminate the harmful effects on U.S. trade of balance of payments disequilibrium. Prohibits the President from: (1) beginning negotiations under the GATT on the reduction or elimination of tariffs and nontariff trade barriers until negotiations are started to eliminate the effects of balance of payments disequilibrium; or (2) concluding any GATT negotiations before the first anniversary of the date on which negotiations are commenced to eliminate the effects of balance of payments disequilibrium. Directs the Secretary of the Treasury to notify the Congress, within 30 days of enactment of this Act, of the necessary changes that must be made to restore equilibrium in the U.S. current account deficits by 1990. Title II: Foreign Commerce Competitiveness Enhancement - Amends the Department of Commerce Organic Act to direct the Secretary to establish within the Department of Commerce the Foreign Commerce Development Program which shall: (1) analyze Federal, State, and local regulations of both foreign and U.S. industries and their effect on interstate and foreign commerce; (2) evaluate and propose responses to certain trade barriers; (3) compile a comprehensive inventory of foreign acts, policies, and practices which may constitute trade barriers or which may limit the access of U.S. industries to such foreign countries; and (4) identify and analyze all foreign programs that direct resources to a particular foreign industry to create international competitive advantage and evaluate the effect of such programs on the international competitiveness of U.S. industries, including a description of the nature and extent of government intervention. Directs the Secretary, on the basis of the information gathered through such program, to formulate strategies and policies to increase the competitiveness of U.S. industries. Directs the Secretary to report annually to the Congress and the President on: (1) the analyses and studies and inventory prepared by the Foreign Commerce Development Program; (2) the strategies and policies formulated by the Secretary to increase U.S. competitiveness, respond to foreign trade practices, and ensure reciprocity for U.S. products, services, and investment in foreign markets; (3) assessments of foreign industrial and trade policies on U.S. industries, trade, and employment, and an evaluation of economic and technological development affecting the competitive position of U.S. industry; (4) developments which are significantly likely to present a competitive challenge to, or substantial dislocation in, an established U.S. industry, which present significant new opportunities for U.S. industries, or which create a significant risk to the future competitiveness of U.S. industries; and (5) the industry sectors affected by the developments that create a significant likelihood of competition to or substantial dislocation in an established U.S. industry. Requires the Secretary, in implementing the Foreign Commerce Development Program, to give priority to those countries and product sectors in which the United States has significant economic and commercial interests. Provides a method of changing discriminatory foreign procurement practices and regulatory requirements. Authorizes the Secretary to investigate whether: (1) a foreign government is engaging in a discriminatory procurement practice or imposing a discriminatory regulatory requirement; and (2) that practice or requirement is harming U.S. trade. Sets forth the deadlines for: (1) a determination of whether to investigate the allegations in the petition; (2) preliminary findings if the Secretary decides to undertake the investigation; and (3) the final determination of the Secretary. Directs the Secretary to initiate such an investigation if the Secretary: (1) determines to do so on the basis of a petition; (2) determines to do so on the Secretary's own initiative; or (3) has reason to believe, based on information collected under the Foreign Commerce Development Program, that discriminatory foreign procurement practices exist and are harming U.S. trade. Directs the Secretary to establish a program to evaluate the industrial and trade policies of other countries and the effects of such policies on U.S. industries, trade, and employment. Requires the Secretary to provide sufficient information to the Congress, Federal agencies and Federal courts to ensure their consideration of the competitive impact of pending decisions that could enlarge the access of foreign products and services to the U.S. markets. Requires the Secretary to consult with foreign governments to ensure that market access conditions subject to such pending decisions are equivalent to those existing in the United States. Directs the Secretary to report to the Congress on such consultations. Directs the Secretary to establish special industry sector advisory panels to assess the actual or potential dislocation, challenge, or opportunity for the industry sectors identified in any report submitted under the Foreign Commerce Development Program that is of national significance because of: (1) its employment or capital resources; (2) its impact on national defense; or (3) its importance as a supplier to, or customer of, other U.S. industries. Authorizes the Secretary to establish industry sector advisory panels for other industries. Requires the panels to formulate recommendations for responses to such dislocation, challenge, or opportunity. Directs the Secretary, after the International Trade Commission (ITC) begins an import relief investigation under the Trade Act of 1974 based on a petition, to establish, upon request, an industry advisory group. Requires such an advisory group to prepare for the industry concerned an assessment of current problems and a strategy to enhance competitiveness. Directs the Secretary to try to obtain, on a confidential basis, information from the individual members of such advisory group on: (1) how such members intend to act upon the recommendations in such assessment and strategy; and (2) any other actions such members intend to take which will foster the objectives of the strategy. Requires the ITC, the Secretary of Labor, and the Secretary to consider such assessment and strategy in making any import relief determination or taking any import relief actions. Amends the Trade Act of 1974 to require the Administering Authority, if it determines to provide import relief and if an industry assessment and competitiveness strategy was submitted to the Administering Authority, to publish notice of the availability of, and a summary of, such assessment and strategy. Requires a review committee, if such summary is published, to: (1) monitor actions taken by the petitioners to improve the competitive position of the industry; (2) make recommendations for administrative action; and (3) submit recommended legislation to the Congress. Requires the review committee to consult with the advisory group members if the review committee determines that the firms or workers are not implementing or are implementing unsatisfactorily: (1) the recommended objectives and actions in the industry assessment and competitiveness strategy; or (2) the actions declared in the confidential information obtained by the advisory group. Requires the Administering Authority to request the ITC to issue a report on the probable economic effect on the industry of import relief if, after consultations with the advisory group members, the review committee determines that the failure to implement or failure to implement satisfactorily such actions is not justified by changed circumstances and has adversely affected overall implementation of the objectives of the industry assessment and competitiveness strategy. Title III: Fair Competition in Foreign Commerce - Directs the Secretary to prohibit for three years any multiple customs law offender from: (1) introducing or trying to introduce foreign goods or services into U.S. commerce; and (2) engaging or trying to engage any other person to introduce, on such offender's behalf, foreign goods or services into U.S. commerce. Provides for identifying such multiple offenders. Sets the penalty for violations of such prohibition. Establishes in the Treasury a fund to be known as the Commerce Development and Adjustment Fund which shall consist of all countervailing and antidumping duties collected under title VII of the Tariff Act of 1930 and of all additional duties imposed by the Administering Authority under titles II and III of the Trade Act of 1974. Requires the Secretary (with respect to firms and communities) and the Secretary of Labor (with respect to workers) to use the fund to assist firms, communities, and workers in adjusting to adverse effects caused by import penetration. Title IV: Relief from Injurious Industrial Targeting and Unfair Trade Practices - Provides that foreign acts, policies, or practices that constitute injurious industrial targeting or that circumvent or facilitate the circumvention of a trade agreement may trigger import relief actions. Defines injurious industrial targeting to mean any combination of coordinated government actions: (1) which are bestowed on a specific enterprise, industry, or group thereof; (2) which assist such enterprise, industry, or group to become more competitive in the export of any class or kind of merchandise; and (3) which cause or threaten to cause material injury. Transfers from the President to the Administering Authority the authority to take certain actions to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Authorizes the Administering Authority to: (1) suspend, withdraw, or prevent application of the benefit of trade agreement concessions with the foreign country or instrumentality involved; (2) direct customs officers to assess duties or impose other import restrictions on the products of such country or instrumentality or to assess fees or impose restrictions on the services of such country or instrumentality for such time, in such amount, and to such degree as the Administering Authority deems appropriate; (3) negotiate agreements to offset the burden or restrictions on U.S. commerce; (4) submit proposed administrative actions and legislation to implement any other government action which would restore or improve the international competitive position of the injured or threatened industry; (5) recommend action by the President; or (6) any combination of such actions. Includes unfair and inequitable natural resource input pricing with the definition of unfair or inequitable trade practice. Declares that unfair and inequitable natural resource input pricing occurs if: (1) an input product is provided by a foreign government for input use within that country at a domestic price that is lower than fair market value and is not freely available to U.S. producers and the input product would, if sold at fair market value, constitute a significant portion of the total cost of the merchandise in or for which it is used; or (2) the right to remove an input product (removal right) is provided or sold by a foreign government within an exporting country and that product is for input use within the exporting country, the removal right is provided at a domestic price that is lower than its fair market value, and the product to which the removal right applies, if the right was sold at fair market value, constitute a significant portion of the total cost of the merchandise in or for which the product is used. Defines fair market value. Requires the Secretary of the Treasury, if the Administering Authority takes any action to enforce U.S. trade rights with respect to capital goods to withdraw temporarily any Federal subsidy with certain exceptions that is designed to encourage the acquisition of capital goods for use expanding or modernizing industrial capacity. Directs the Administering Authority to consult with representatives of domestic firms and workers that may be affected by any import relief investigation which is initiated by petition filed with the Administering Authority regarding any determination which is required to be made by the Administering Authority. Directs the Administering Authority, upon written request, to make confidential business information obtained by it in connection with an import relief investigation available under a protective order. Prohibits release of information classified for national security reasons. Requires the Administering Authority to act upon requests for such information within ten days of the request. Requires the Administering Authority, in conducting an import relief investigation initiated by petition to the Administering Authority, to present detailed questionnaires to the foreign government or enterprise involved in order to obtain information concerning the allegations in the petition. Directs the Administering Authority to verify any such information which the Administering Authority relied upon in making any determinations. Provides for relying on the best information available, which may be the information contained in the petition, if the foreign government fails to provide information or provides insufficient or unsatisfactory information. Requires the Administering Authority to make a preliminary determination within five months of the start of such an import relief investigation on whether there is reason to believe that import relief is warranted. Authorizes the Administering Authority to take certain actions based on the preliminary finding. Requires the final determination to be made within 11 months of the start of the investigation. Requires the Administering Authority to determine what actions to take if the final determination is that import relief is warranted except that specific actions are required if injurious industrial targeting is found to exist. Requires the Administering Authority to consult with the petitioner and representatives of the affected domestic firms and workers if the final determination is affirmative. Requires the Administering Authority to report to the Congress if the final determination is affirmative and the Administering Authority declines to take any action. Terminates any preliminary import relief if the final determination is negative. Requires publication in the Federal Register of such preliminary and final determinations. Requires the Administering Authority, if it makes a preliminary finding that injurious industrial targeting exists, to: (1) establish an advisory committee; and (2) formulate, in consultation with such advisory committee, proposals which would restore or improve the competitive position of affected domestic industries. Requires the Administering Authority to notify the ITC when it initiates an investigation of injurious industrial targeting. Requires the ITC to make a preliminary determination within 60 days of receiving such notice of whether there is a reasonable indication that because of sales or likely sales of the merchandise which is the subject of the investigation: (1) an industry in the United States is materially injured or is threatened with material injury; or (2) the establishment or growth of an industry in the United States is materially retarded. Requires the ITC to make a final determination of whether such circumstances exist by: (1) 45 days after the affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is affirmative; or (2) 75 days after an affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is negative. Makes the ITC's determination subject to review by the U.S. Court of International Trade if such determinations were made under the countervailing or antidumping duty provisions of the Tariff Act of 1930. Defines material injury and threat of material injury. Requires the Administering Authority to submit to the President any proposed administrative action and any proposed legislation to restore or improve the competitive position of the injured industry if the preliminary and final determinations are that injurious industrial targeting has occurred. Provides for expedited consideration of such legislation. Requires the Administering Authority to report to the Congress on the actions the Administering Authority will take to offset the material injury or threat of material injury from the injurious industrial targeting. Authorizes the Administering Authority to enter into a settlement agreement with the foreign country or entity involved in lieu of taking other actions if: (1) such agreement completely eliminates the material injury or threat of material injury from the injurious industrial targeting; and (2) such agreement is approved by the petitioner if the investigation began because of a petition. Authorizes the Administering Authority to take actions to compensate a foreign country or entity if the contracting parties to the GATT disapprove of actions taken in response to injurious industrial targeting. Directs the Administering Authority to consult with the petitioner and the representatives of affected domestic firms and workers if, in the course of an investigation, the Administering Authority has reason to believe that a foreign government engaged in dumping or other actions for which relief is available under specified provisions of the Tariff Act of 1930. Amends the Trade Expansion Act of 1962 to require the President to take action within 90 days of receiving information that an article is being imported under such circumstances or in such quantities as to threaten national security. Amends the Tariff Act of 1930 to provide that certain unfair methods of competition that destroy or substantially injure a U.S. industry are unlawful. (Currently such methods of competition are only unlawful if they destroy or substantially injure an efficiently and economically operated industry.) Provides that the following acts are unlawful if the ITC first determines that an industry consisting of the U.S. operations of the owner of the intellectual property at issue and its licensees exists or is likely to be established: (1) unauthorized importation, sale or offer for sale of an article that infringes on a valid U.S. patent; (2) unauthorized importation, sale, or offer for sale of an article that was made by a process covered by a valid U.S. patent and if made in the United States would infringe a valid U.S. patent; (3) unauthorized importation, sale, or offer for sale of an article which infringes a valid U.S. copyright; (4) importation, sale, or offer for sale of an article which infringes a valid U.S. trademark; and (5) unauthorized importation, sale, or offer for sale of an article that infringes a valid U.S. maskwork. Decreases the length of time available to the ITC to investigate a case of unfair methods of competition from one year (18 months in complicated cases) to six months (nine months in complicated cases.) Title V: Relief from Injury Caused by Import Competition - Amends the Trade Act of 1974 to transfer from the President to the Administering Authority the authority to take certain actions following import relief investigations by the ITC. Authorizes a petition for import relief to include within its statement of reasons for requesting import relief the desire to facilitate the orderly transfer of resources to enhance competitiveness. Changes the scope of the ITC's import relief investigation to include determining whether an article is being imported into the United States in such increased quantities as to be a cause (currently substantial cause) of serious injury or threat of serious injury to any domestic industry that produces an article like or directly competitive with the imported article or that produces materials, parts, components, or subassemblies which, due to inherent characteristics, are intended for incorporation in an article like or directly competitive with the imported article. Changes one of the factors that must be considered in making such determination with respect to serious injury in order to cover the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. (Current law refers to the inability of firms to operate at a reasonable profit.) Changes the factors that must be considered in making such determination with respect to the threat of serious injury in order to cover: (1) a decline in sales or market share in the domestic industry; (2) a higher and growing inventory in the domestic industry; (3) a downward trend in production, profits, wages, or employment (or increasing underemployment) in the domestic industry; (4) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any class or kind of merchandise and that causes or threatens to cause serious injury to the domestic industry; (5) the extent to which the U.S. market is the focal point for diversion of exports of the article concerned because of restraints on exports of such article to, or imports of such articles into, third country markets; and (6) in the case of an industry that has developed an industry assessment and competitiveness strategy, the inability of producers in the domestic industry to generate adequate capital to finance the modernization of plant and equipment or to otherwise enhance competitiveness. Requires (currently authorizes) the ITC to make certain determinations with respect to determining the domestic industry producing an article like or directly competitive with an imported article. Defines "cause" for purposes of determining whether imports are a cause of injury to mean a cause which is important. Declares that a cause may be important even though other causes are of equal or greater importance. Requires the ITC, if it finds that serious injury or the threat of serious injury exists for a domestic industry, to: (1) find the amount of the increase in, or imposition of, any duty or import restriction necessary to prevent or remedy such injury; and (2) if it determines that adjustment assistance can assist in remedying such injury, recommend the provision of such assistance. Directs the Administering Authority, if during an import relief investigation it finds that critical circumstances exist, to impose provisional measures (increase in tariff, tariff-rate quotas, quantitative restrictions, orderly marketing agreements or a combination of such actions). Requires such measures to remain in effect until the later of the date: (1) on which the President revokes such measures; (2) on which the ITC makes a negative determination of injury; or (3) which is 60 days after the date on which the ITC makes an affirmative determination of injury. Declares that critical circumstances exist if a significant increase in imports over a short time has led to circumstances in which delay in relief would cause damage that would be difficult to repair. Requires the ITC, if it finds that serious injury has resulted from imports, to determine: (1) whether trade in the article concerned has been affected by coordinated government actions that are bestowed on a specific enterprise, industry, or group and that assist the beneficiary in becoming more competitive in exporting a class or kind of merchandise; and (2) the extent to which the U.S. market is the focal point for diversion of exports of such article because of restraints on exports of such article to, or on imports of such article into, third country markets. Directs the Administering Authority, if it determines to provide import relief and the ITC has found that trade in the article has been affected by such coordinated government actions, to consult and negotiate with other countries that produce or consume such article to seek the establishment of a multilateral framework to maintain and develop fair, equitable, and nondisruptive patterns of trade in such article. Requires the Administering Authority, if it decides to provide import relief, to consult with petitioners and representatives of workers and firms in the affected industry on the advisability and desirability of taking appropriate action under countervailing or antidumping duty provisions of the Tariff Act of 1930 or under title III of the Trade Act of 1974 if the Administering Authority has reason to believe that a foreign government or firm is engaged in any action or practice for which such relief is available. Provides that an import relief investigation may be initiated for good cause shown with respect to an article that has already received import relief. (Currently two years must elapse after import relief is granted before another investigation may begin.) Requires the Secretary of the Treasury, if the Administering Authority takes any action under title II of the Trade Act of 1974 with respect to capital goods, to withdraw temporarily any Federal subsidy with certain exceptions that is designed to encourage the acquisition of capital goods for use in expanding or modernizing industrial capacity. Title VI: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to add requirements for a country to be considered a "country under the Agreement" for purposes of the countervailing duty provisions of such Act. Requires such a country to have made a commitment under the GATT to: (1) eliminate its export subsidies within one year (five for least developed countries); (2) not increase, extend, or add export subsidies; and (3) eliminate immediately export subsidies on those products in which such country is competitive. Requires the ITC, upon request, to investigate whether the merchandise is already competitive in the U.S. market and whether the merchandise would be competitive in the absence of export subsidies. Directs the Administering authority to review the status of, and compliance with, specified agreements at least once during each 12-month period. Directs the Administering Authority to publish such determinations. Imposes penalties for failure of a foreign country to honor any term of such agreements. Directs the Administering Authority, if a countervailing duty investigation is initiated based upon a petition or upon the Administering Authority's initiative, to: (1) notify the Customs Service to collect and forward information on the volume and value of entries of the class or kind of merchandise subject to the investigation; (2) order the suspension of liquidation of all entries of such merchandise; and (3) begin monitoring the volume of such imports to determine whether it has significantly increased. Prohibits making the determination of whether the volume of such imports has significantly increased until 60 days after the filing of the petition or the start of the investigation. Terminates the suspension of liquidation if the volume of such imports has not significantly increased. Requires the Administering Authority, if the preliminary determination in a countervailing duty investigation is that critical circumstances exist, to order the posting of a cash deposit, bond, or other security for, and to apply any suspension of liquidation ordered under the countervailing duty subtitle to, unliquidated entries of such merchandise entered or withdrawn from warehouse on or after the date that is 90 days before the notice of such preliminary determination is published. Provides for the termination of any suspension of liquidation and release of any required security if a countervailing duty investigation is terminated or suspended. Requires the Administering Authority to determine whether critical circumstances exist if its final determination is that a subsidy does exist and the Administering Authority has determined that there has been a surge of imports of the article subject to the investigation. Requires the Administering Authority, if the Administering Authority determines that critical circumstances do not exist or the ITC determines that there is no material injury but that there is a threat of material injury or that the establishment of an industry in the United States is materially retarded, the Administering Authority shall: (1) terminate any suspension of liquidation ordered under the countervailing duty provisions; and (2) release any security and refund any cash deposit which has been made. Directs the Administering Authority, if an antidumping investigation is initiated by petition or upon the Administering Authority's own initiative, to: (1) notify the Customs Service to collect and forward information on the volume and value of entries of the class or kind of merchandise subject to the investigation; (2) begin monitoring the volume of such imports to determine whether it has significantly increased. Prohibits making the determination of whether the volume of such imports has significantly increased until 60 days after the filing of the petition or the start of the investigation. Terminates the suspension of liquidation if the volume of such imports has not significantly increased. Requires a specified amount of security to be posted for articles subject to an antidumping investigation which are imported on or after the date of publication of the notice of the decision to start the investigation. Requires the Administering Authority to make specified determinations if the Administering Authority determines that the volume of imports of the articles subject to an antidumping investigation have recently increased significantly. (Current law requires the Administering Authority to make such determinations if the petitioner alleges critical circumstances.) Requires the suspension of liquidation or the bond requirement to apply to all such articles that were imported 90 days before the publication of the notice of investigation if the Administering Authority makes certain affirmative findings about a history of dumping such articles or the knowledge of the importer of the fair value of the imports. Provides for the termination of any suspension of liquidation and release of any required security if an antidumping duty investigation is terminated or suspended. Requires the Administering Authority's final determination on whether dumping exists to include a finding on whether critical circumstances exist if such final determination is affirmative and the Administering Authority found that imports of the article under investigation had significantly increased. Requires the Administering Authority, if the Administering Authority determines not to extend the time for making a final determination of the existence of dumping or the ITC determines that there is no material injury but that there is threat of material injury or that the establishment of an industry in the United States is materially retarded, to: (1) terminate any suspension of liquidation ordered under the antidumping provisions; and (2) release any security and refund any cash deposit which has been made. Waives the requirement that the ITC make a preliminary determination of injury in a countervailing duty investigation if the ITC has found injury in an antidumping or countervailing duty investigation with respect to the same merchandise during the year preceding the start of the new investigation. Authorizes the Administering Authority to suspend countervailing duty investigations if the government of the subsidizing country or the chief exporter of the merchandise agrees to eliminate the subsidy after the date on which the investigation is suspended. (Current law permits the government or exporter to offset the subsidy as an alternative to eliminating it.) Adds conditions which must be met before the Administering Authority is allowed to permit the posting of security in lieu of the deposit of estimated antidumping duties. Allows the Administering Authority to permit such action if: (1) the investigation is not extraordinarily complicated; (2) the final determination in the investigation has not been postponed; (3) the manufacturer, producer, or exporter of the merchandise provides credible evidence that the difference between the foreign market value and the U.S. price of the merchandise is significantly less than the amount specified in the antidumping duty order; and (4) the data concerning the foreign market value and the U.S. price apply to sales in the usual commercial quantities and in the ordinary course of trade. Requires the Administering Authority to make certain confidential information available to interested parties and to afford them as opportunity for comment before deciding whether to permit the posting of bond or other security. Prohibits treating countervailing and antidumping duties as any other customs duties for purposes of any law relating to the drawback of customs duties. Prohibits granting any exception to the labeling requirements applied to imports for imported silver jewelry. Requires the ITC, in determining whether a U.S. industry is threatened with material injury because of imports, to consider: (1) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any merchandise and to cause or threaten to cause material injury to the United States; and (2) the extent to which the United States is the focal point for exports of the merchandise by reason of restraints on exports of their merchandise to, or on imports of the merchandise into, third country markets. Includes within the definition of "interested party" for purposes of antidumping and countervailing duty investigations a manufacturer, producer, or wholesaler of major parts, materials, components, or assemblies or subassemblies which are intended to be incorporated into a like product. Authorizes the Administering Authority to waive the requirement that the merchandise subject to investigation be produced by the same person if a government agency follows or has followed a practice of allocating contracts for, or establishing quotas for the merchandise among users in that country. Requires such government actions to be considered in ascertaining the foreign market value of the merchandise. Defines diversionary dumping as dumping of any material or component which is incorporated into the merchandise under investigation and which has been the subject of a previous investigation. Requires the Administering Authority to determine whether an increase in imports of the merchandise under investigation has occurred if: (1) a countervailing duty order is in effect with respect to an input product or an input product is subject to an agreement between the United States and a foreign country or foreign customs union; and (2) a subsidy continues to be paid on such input product after a countervailing duty order was issued. Requires the Administering Authority to include in calculating the cost of producing the merchandise the value of any benefit the producer or manufacturer has received from government research and development programs. Sets forth special rules for determining cost of production and constructed value if imports of the merchandise into the home market have been unreasonably restrained. Sets forth general rules governing the disclosure of confidential information to interested parties.
United States · United States Congress · 31 October 1985
Maritime Agreements Act of 1985 - Authorizes the President to negotiate a maritime agreement with a U.S. trading partner whenever: (1) an opportunity exists to promote free, fair, and open competition in international ocean shipping services; (2) it is necessary to protect national security interests; (3) a trading partner imposes restrictive trade barriers or unfair trade practices on the U.S. ocean shipping service industry; or (4) it furthers certain other purposes. Directs the President to negotiate a maritime agreement: (1) within two years, with a trading partner whose waterborne trade with the United States equals or exceeds one percent of the total U.S. foreign waterborne trade and where less than one-third of that trade is carried by U.S. documented vessels; or (2) with a lesser trading partner whenever that trading partner requests a maritime agreement. Sets forth certain essential provisions that must be contained in such agreement. Prohibits the United States from restricting a U.S. documented vessel from participating in the U.S. share of a trade that is the subject of a maritime agreement as long as the vessel complies with other U.S. laws. Provides sanctions if a trading partner whose waterborne trade equals or exceeds one percent of the total U.S. waterborne trade refuses to accept the essential conditions that must be contained in a maritime agreement.
United States · United States Congress · 30 October 1985
Equitable Automobile Transportation Act of 1985 - Requires a person exporting Japanese motor vehicles to be imported into the United States to: (1) transport an equal number of such vehicles on U.S. - documented vessels as are transported on Japanese vessels; and (2) file an annual certification with the Department of the Treasury which contains specified assurances and information. Directs the Secretary of the Treasury to prescribe regulations to enforce this Act. Provides penalties for the violation of this Act.
United States · United States Congress · 24 October 1985
National Commission on Classified Information and Security Clearance Procedures - Establishes the National Commission on Classified Information and Security Clearance Procedures to investigate: (1) standards and procedures used by Federal authorities to issue security clearances and classify information; (2) procedures used to ensure that persons with a security clearance continue to meet required standards; (3) the extent to which current standards and procedures cause the classification of more information than required by national security; and (4) the dangers to national security by the growth in the number of persons holding security clearances. Directs the Commission to recommend to each branch of the Federal Government uniform standards and procedures for issuing security clearances, classifying documents, and ensuring that a security clearance continues to meet required standards. Makes provisions of the Federal Advisory Committee Act inapplicable to the Commission. Requires the Commission to make a final report to the President, the Congress, and the Supreme Court not later than one year after appropriations are first made for the Commission. Allows the restriction of public access to Commission documents. Terminates the Commission 30 days after submission of the final report.
United States · United States Congress · 24 October 1985
Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 22 October 1985
Prohibits the number of Soviet nationals admitted to the United States to serve as members of the Soviet mission at United Nations (U.N.) headquarters from exceeding the number of U.S. nationals who serve as members of the U.S. mission at U.N. headquarters, unless: (1) the excess number is the result of routine replacement of personnel and is not more than ten percent of the number of U.S. nationals serving at the U.S. mission; or (2) the President determines that the admission of additional Soviet nationals would be in the interests of the United States. Directs the Secretary of State to report to the Congress every six months on the number of Soviet nationals admitted to the United States because the President determined their admission would be in the national interest and on their duties with the Soviet mission. Declares that the Secretary and the Attorney General should report to the Congress within six months on a plan for ensuring that the excess number of Soviet nationals admitted due to a routine replacement of personnel does not exceed the five percent limit.
United States · United States Congress · 22 October 1985
Awards a congressional gold medal posthumously to Leon Klinghoffer to show the Congress' admiration for the bravery he displayed while kidnapped by terrorists. Authorizes the President to present the gold medal to his widow, Marilyn Klinghoffer. Authorizes appropriations.
United States · United States Congress · 17 October 1985
Lead Free Drinking Water Act - Amends the Safe Drinking Water Act to prohibit the use of lead pipe or solder in public water systems or residential or nonresidential facility drinking water plumbing. Requires public notice of adverse affects of lead exposure, including means of mitigation. Requires States to enforce such requirements within two years or be subject to civil action. Prohibits the Secretary of Housing and Urban Development and the Administrator of Veterans Affairs from insuring or guaranteeing a mortgage for newly constructed residential property which is not in compliance with such requirements. Amends the Federal Hazardous Substances Act to designate solder with a certain lead content as a hazardous substance. Requires such solder to be labelled with the prohibitions of this Act.
United States · United States Congress · 16 October 1985
Amends Federal bankruptcy provisions to extend partial immunity from an automatic stay or a court injunction of foreclosure, possession, or disposition proceedings to: (1) creditors with preferred ship mortgages or mortgages on certain fishery facilities; and (2) lessors or conditional vendors of vessels as defined in the Merchant Marine Marine Act of 1936. Requires full payment in cash of all sums owed, plus applicable interest, to cure a default on preferred mortgages, mortgages, security agreements, leases, or conditional sales contracts on certain vessels.
United States · United States Congress · 16 October 1985
Amends Federal bankruptcy provisions to extend partial immunity from an automatic stay or a court injunction of foreclosure, possession, or disposition proceedings to: (1) creditors with preferred ship mortgages or mortgages on certain fishery facilities; and (2) lessors or conditional vendors of vessels as defined in the Merchant Marine Act of 1936. Requires full payment in cash of all sums owed, plus applicable interest, to cure a default on preferred mortgages, mortgages, security agreements, leases, or conditional sales contracts on certain aircraft equipment and vessels.
United States · United States Congress · 10 October 1985
States that a person shall be considered an American national if such person completes 15 years of lawful continuous residence in the United States or American Samoa, and one of his or her parents was a national of the United States and a resident of the United States or American Samoa at the time of that person's birth.
United States · United States Congress · 8 October 1985
Amends the copyright law to prohibit a copyright holder from conveying the right to publicly perform an audiovisual work on non-network commercial television without simultaneously conveying the right to perform in synchronization any copyrighted music which accompanies such work.
United States · United States Congress · 24 September 1985
Expresses the concern of the House of Representatives over the pending Supplementary Extradition Treaty between the United States and the United Kingdom because of the treaty's: (1) effort to destroy the traditional "political offense" exception to extradition; and (2) retroactivity. Declares that the House of Representatives believes that changes in extradition law should be accomplished through legislation, not treaty, and that the House opposes renegotiation of existing extradition treaties on a country-by-country basis. Expresses the concern of the House that the system of justice in Northern Ireland would not give due process to persons extradited back under terms of the Supplementary Treaty. Urges the Senate Foreign Relations Committee to end its consideration of such treaty.
United States · United States Congress · 11 September 1985
Titanic Maritime Memorial Act of 1985 - Commends the members of the joint international expedition which discovered the Titanic. Directs the Administrator of the National Oceanic and Atmospheric Administration to develop guidelines governing the research, exploration, and, if appropriate, salvage of the Titanic, which: (1) are consistent with its historical and cultural significance; (2) promote the safety of those involved in such operations; and (3) recognize the sanctity of the Titanic as a maritime memorial. Directs the Secretary of State, in consultation with the Administrator, to negotiate an international agreement providing for international research, exploration, and, if appropriate, salvage of the Titanic consistent with the guidelines developed by the Administrator. Requires the Secretary, upon adoption of an agreement, to notify specified committees of the Congress and recommend implementing legislation. Expresses the sense of the Congress that pending adoption of an international agreement, all nations should comply with the guidelines established by the Administrator.
![Official portrait of Rep. Lent, Norman F. [R-NY-4]](https://www.congress.gov/img/member/l000243_200.jpg)