United States · United States Congress · 7 May 1986
Federal Tort Claims Reform Act of 1986 - Amends the Federal Tort Claims Act to provide that the United States shall not be held jointly and severally liable for an injury (unless the United States and another person were acting in concert). Limits U.S. liability to its pro rata share of fault or responsibility for the injury. Requires that damage awards be offset by amounts received as compensation for the same injury. Limits the amount of damages for noneconomic losses to $100,000. Allows damage awards for future economic damages exceeding $100,000 to be made by periodic payments. Establishes a contingency fee schedule for plaintiffs' attorneys. Makes the provisions of such Act applicable to claims brought against the United States under certain admiralty statutes.
United States · United States Congress · 7 May 1986
Government Contractor Liability Reform Act of 1986 - Declares that this Act: (1) applies to all actions filed in Federal or State court; and (2) shall preempt and supersede any State law to the extent it is inconsistent with the provisions of this Act, unless it provides defenses to or limitations on a person's liability in addition to those provided by this Act. Provides that a government contractor shall not be found liable for damages in a contractor product liability action: (1) for any injury unless the contractor was negligent in the design, production, distribution, or sale of such product, or the product was defective, and such defect rendered the product unreasonably dangerous; (2) for any injury related to an unreasonable or unforeseeable use or alteration of the product; (3) for any injury related to the failure to provide an adequate warning or instruction as to any danger associated with the use of the product if such danger would be apparent to a reasonable person, or the danger is a matter of common knowledge; and (4) for any injury related to a design defect, or to a failure to provide such adequate warning or instruction, unless at the time the product was made the ability to discover and to eliminate the defect or danger was available and capable of use according to engineering and manufacturing practices which were reasonably feasible in existing technology. Declares that a contractor may not be found liabile for damages in a contractor service action unless the contractor is found to have been negligent in providing such service. Bars the application of joint and several liability in a contractor product liability or service action, except in those cases where the injury was proximately caused by two or more persons acting in concert. Declares that in actions subject to this Act, non-economic damages may not be awarded in excess of $100,000. Permits the periodic payment of judgments for future economic loss where the award exceeds $100,000. Provides that any award for damages for personal injury or death shall be reduced by the amount of compensation received from certain collateral sources of income for the same injury or death. Establishes a schedule for the size of any contingency fee an attorney may charge under this Act. Directs the Attorney General to provide the Congress, within one year after enactment of this Act, with recommendations to: (1) implement alternative dispute resolution techniques to achieve the efficient, cost-effective, and expeditious disposition of civil disputes; and (2) modify procedural and evidentiary rules to accommodate such techniques.
United States · United States Congress · 7 May 1986
Product Liability Reform Act of 1986 - Preempts inconsistent State laws. Declares that the provisions of this Act are inapplicable in certain actions under the Atomic Energy Act of 1954. Bases liability for damages in product liability actions on whether: (1) the design, production, distribution, or sale of the product was negligent; or (2) the product was defective, and such defect rendered the product unreasonably dangerous. Includes among the applicable defenses in such actions proof that: (1) the defect was the subject of an adequate warning; (2) the defect was apparent to a reasonable person, or the subject of common knowledge; (3) the injury resulted from an unreasonable or unforeseeable use or alteration of the product; and (4) at the time the product was made, the ability to discover and eliminate the defect was unavailable. States that joint and several liability may not be applied to any product liability action subject to this Act (unless persons acting in concert were the proximate cause of the injury). Limits the amount of damages for noneconomic losses to $100,000. Requires that damage awards for future economic losses exceeding $100,000 be made by periodic payments. Requires that damage awards be offset by amounts received as compensation for the same injury. Establishes a contingency fee schedule for plaintiffs' attorneys. Directs the Attorney General to provide recommendations regarding the creation, adoption, and use of alternative dispute resolution techniques.
United States · United States Congress · 6 May 1986
Expresses the sense of the Congress that the President and the Secretary of State should insist at the Vienna Review Meeting of the Conference on Security and Cooperation in Europe, and in discussions with Communist Party and Soviet leaders, that imprisoned and exiled members of the Ukrainian and other Helsinki Monitoring Groups be released and allowed to emigrate to the countries of their choice. Expresses the sense of the Congress that: (1) the Secretary of State should ensure that the U.S. consulate in Kiev reports on Soviet human rights violations in the Ukraine; and (2) such information should be included in reports on compliance with the Helsinki Final Act.
United States · United States Congress · 1 May 1986
Allows the Attorney General to accept donations on behalf of the Bureau of Prisons and the Federal Prison Industries, Incorporated. Amends the Walsh-Healey Act to remove the limitation regarding the use of convict labor in the manufacture, production, or furnishing of goods purchased by the Federal Government.
United States · United States Congress · 30 April 1986
Computer Fraud and Abuse Act of 1986 - Amends the Federal criminal code to change the scienter requirement from "knowingly" to "intentionally" for certain offenses regarding accessing the computer files of another. Revises the definition of "financial institution" to which the financial record provisions of computer fraud law apply. Applies such provisions to any financial records (including those of corporations and small businesses), not just those of individuals and certain partnerships. Revises the criminal liability of persons who exceed authorized access to Federal computers. (Makes the basic offense trespass. Removes the coverage of authorized accessors who exceed their authorization, but without "intent to defraud.") Creates new Federal criminal offenses of: (1) property theft by computer occurring as part of a scheme to defraud; (2) altering information in, or preventing the authorized use of, a Federal interest computer; and (3) trafficking in computer access passwords. Eliminates the special conspiracy provisions for computer crimes. (Such conspiracies shall be treated under the general Federal conspiracy statutes.) Amends penalty provisions to remove the cap on fines for certain computer crimes. Exempts authorized law enforcement or intelligence activities.
United States · United States Congress · 30 April 1986
Expresses the sense of the House of Representatives that the Director of the Congressional Budget Office, in conjunction with the Director of the Office of Management and Budget, shall report revised estimates of total revenues, budget authority, outlays, and the deficit for FY 1987 through 1991 to the Congress by May 16.
United States · United States Congress · 29 April 1986
Declares that the House of Representatives: (1) condemns the Soviet Union's failure to provide notification and information about the nuclear accident at Chernobyl; and (2) calls upon the Soviet Union to permit outside nuclear experts to assist with the accident and to allow the international press corps to cover the situation.
United States · United States Congress · 17 April 1986
Anti-Terrorism Act of 1986 - Declares that any person who organizes, attempts, commits, procures, or supports acts of terrorism shall be considered to have committed an act of aggression against the United States and may be pursued with deadly force. Defines terrorism to mean activity directed against U.S. persons which: (1) is committed by a non-U.S. national or permanent resident alien; (2) involves violent or dangerous acts which would be crimes in the United States; and (3) is intended to intimidate a civilian population, to influence government policy, or to affect the conduct of a government by assassination or kidnapping. Authorizes the President, subject to the provisions of the Constitution, to protect U.S. persons from terrorism through the use of all antiterrorism and counterterrorism measures that the President deems necessary. Requires the President's authority to apply: (1) to all terrorists wherever they may be; and (2) until the President determines that no terrorist poses a threat to U.S. persons. Prohibits this Act from being construed as granting any authority to use deadly force within the United States which would not exist in the absence of this Act. Requires the President to report to the Congress within ten days of taking any action under this Act.
United States · United States Congress · 17 April 1986
Small Business Act of 1986 - Title I: Findings - Sets forth the findings of this Act. Title II: Transfers to the Department of Commerce - Transfers to the Secretary of Commerce all functions, powers, and duties of the Small Business Administration (SBA) under specified provisions of the Small Business Act and the White House Conference on Small Business Authorization Act. Transfers from the SBA to the Department of Commerce the Office of Advocacy. Title III: Transfers to the Department of the Treasury - Transfers to the Secretary of the Treasury all rights, outstanding obligations, and assets of the SBA with respect to guaranteed loans and debentures and other specified guarantees made by the SBA to small businesses under the Small Business Act and the Small Business Investment Company Act of 1958. Authorizes and directs the Secretary of the Treasury to purchase from the Federal Financing Bank all notes, bonds, debentures, or other obligations held by such bank that are guaranteed by the SBA. Transfers to the Secretary of the Treasury the regulatory authorities of the SBA with respect to small business investment companies and minority enterprise small business investment companies under the Small Business Investment Company Act of 1958. Terminates such authorities upon the disposition of specified loans, debentures, or equity securities by the Secretary of the Treasury. Title IV: Termination of Functions Under the Small Business Act and the Small Business Investment Company Act of 1958 - Terminates on October 1, 1986, various provisions of the Small Business Act and the Small Business Investment Company Act of 1958. Title V: Miscellaneous Amendments and Repeals of Other Laws - Makes various conforming amendments and repeals specified provisions of Federal law relating to the SBA and the provisions of this Act. Title VI: General Administrative Provisions - Authorizes the Secretary of Commerce and the Secretary of the Treasury to exercise and, where appropriate, to delegate any authority that is transferred from the SBA to them by this Act. Establishes in the Department of Commerce a Small Business Administration which shall be headed by an Under Secretary of Commerce. Authorizes any unobligated funds that remain at the end of FY 1986 in the Disaster Loan Fund account to be transferred to the Business Loan and Investment Fund. Authorizes appropriations. Title VII: Transitional, Savings, and Conforming Provisions - Provides for the transfer of personnel to the appropriate agency with respect to any functions or authority transferred from the SBA by this Act. Requires the Director of the Office of Management and Budget, in consultation with the Administrator of the SBA, the Secretary of Commerce, and the Secretary of the Treasury, to make such determinations as may be necessary with regard to the functions transferred by this Act. Provides that all orders, determinations, regulations, and licenses that have been issued or granted by the President or an SBA official in the performance of functions that were transferred under this Act and that are in effect on October 1, 1986, shall continue in effect until modified or revoked in accordance with law. Authorizes the SBA from October 1, 1986, to December 31, 1986, to operate for the purpose of winding up its affairs and advising the Departments of Commerce and the Treasury. Prohibits the SBA from conducting any program activities during such period. Terminates the SBA on December 31, 1986.
United States · United States Congress · 17 April 1986
Declares that the House of Representatives, on behalf of the U.S. people, expresses its gratitude to the Government and people of the United Kingdom who assisted the United States in its exercise of self-defense against Libya and in the fight against state-sponsored international terrorism.
United States · United States Congress · 16 April 1986
Natural Gas Policy Act Amendments of 1986 - Title I: Open Access to Transportation - Amends the Natural Gas Policy Act of 1978 to authorize the Federal Energy Regulatory Commission (the Commission) to: (1) allow any pipeline to transport natural gas on behalf of any person; (2) require pipelines to transport gas without discrimination; and (3) require pipelines which receive gas to provide nondiscriminatory transportation services. Requires the Commission (upon request by any person) to direct an interstate pipeline to provide transportation service (without discrimination) unless such pipeline demonstrates to the Commission that it is incapable of providing such service. Title II: Removal of Wellhead Price Controls and Repeal of Jurisdiction Over First Sales - Removes wellhead price controls over all natural gas first sales beginning April 1, 1987. Removes such control for certain gas sales contracts executed after March 1, 1986. Removes Commission jurisdiction over first sales of natural gas committed or dedicated as of the day before enactment of this Act. Repeals Commission authority to specify the minimum duration of certain natural gas contracts (thus removing all non-price regulation of first sales of natural gas). Declares that, with respect to ceiling prices of certain natural gas sales, the last price paid for such gas shall be considered a federally established rate for purposes of an area rate clause. Title III: Repeal of Certain Restrictions on the Use of Natural Gas and Petroleum Use and Pricing - Amends the Powerplant and Industrial Fuel Use Act of 1978 to: (1) repeal the prohibitions against the use by electric powerplants and major fuel-burning installations of petroleum and natural gas as primary energy sources; (2) remove the restrictions placed upon Federal major fuel-burning installations against the use of natural gas and petroleum as primary energy sources; and (3) repeal the guidelines for the emergency use of natural gas or petroleum as a primary energy source by any person operating a peakload powerplant or a major fuel-burning installation. Revokes the authority of the Secretary of Energy to require any major fuel-burning installation to furnish certain information regarding the use of primary energy sources of fuel. Amends the Natural Gas Policy Act of 1978 to repeal the natural gas incremental pricing provisions. States that incremental pricing rules promulgated by the Commission shall continue in effect only with respect to the flow-through of costs incurred before enactment of this Act, including any surcharges based on such costs.
United States · United States Congress · 15 April 1986
Expresses the sense of the Congress that, in light of specified international human rights agreements, the Soviet Union should approve the exit visa applications of Doctor Naum Meiman and his wife, Inna Kitrosskaya, and arrange for them to go to the country of their choice. Urges the President to: (1) protest the Soviet Government's refusal to consider the exit visa applications of Dr. Meiman and his wife; (2) call upon all other signatory nations of the Helsinki Accords to join in such protest; and (3) instruct the U.S. delegation to the meeting of experts on human contacts organized under the auspices of the Conference on Security and Cooperation in Europe, to be held in Bern, Switzerland, to pursue this matter.
United States · United States Congress · 9 April 1986
Bilingual Education Act Amendments of 1986 - Amends the Bilingual Education Act (the Act) to add to the statement of policy the declaration that, regardless of the method of instruction, programs which serve children of limited English proficiency have the equally important goals of developing both academic achievement and English proficiency. Removes a requirement that the Secretary of Education (the Secretary) reserve limited portions of funds under the Act for special alternative instructional programs and related activities. Removes a requirement that the Secretary reserve at least 75 percent of funds under part A (Financial Assistance for Bilingual Education Programs) of the Act for transitional bilingual education programs.
United States · United States Congress · 20 March 1986
San Luis Rey Indian Water Rights Settlement Act - Provides for the settlement of water rights claims between the United States and the La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians (California). Requires the Secretary of the Interior, upon the settlement of all water rights claims, to deliver water to the Indian Water Authority in the vicinity of the Bands' Reservations. Requires the Indian Water Authority to reimburse the United States for operational and maintenance costs (except construction costs) incurred in the delivery of such water. Requires the Indian Water Authority to pay costs associated with the conveyance of such water through non-Federal facilities. Prohibits the Secretary from being obligated to deliver such water if: (1) such delivery would require the construction of new Federal facilities; (2) consent is denied for the use of non-Federal facilities; or (3) necessary contracts have not been executed. Requires the Secretary to use project use power from the Central Valley Project to deliver water from the Sacramento-San Joaquin Delta to the Indian Water Authority. Requires the Indian Water Authority to reimburse the United States at the project use rate for irrigation water for the operation and maintenance costs incurred in providing power for the delivery of water. Sets forth limitations on the costs of providing such power. Establishes the San Luis Rey Indian Water Authority. Provides that the Authority, upon the approval of the Secretary, may lease, sell, and manage any water or power resource on or off the Reservations of the Bands. Authorizes the Secretary to lease, grant rights-of-way across, or transfer title to any Indian tribal or allotted land which is used to divert, convey, and store the waters of the San Luis Rey River for the local entities, including the Rincon and Bear Valley powerplants.
United States · United States Congress · 18 March 1986
Telephone Decency Act of 1986 - Amends the Communications Act of 1934 to prohibit any obscene or indecent telephone communication for commercial purposes to any person in the District of Columbia or in interstate or foreign communication. (Current law prohibits such communication to any person without his or her consent or to any person under 18 years of age.)
United States · United States Congress · 13 March 1986
Amends the Federal Aviation Act of 1958 to provide that upon conviction of an air carrier for either failure to file requisite reports, or the falsification of such reports, the criminal penalty shall include a fine in accordance with Federal criminal law, or a maximum term of five years' imprisonment, or both. Provides a maximum civil penalty of $1,000 for safety violations relating to notification of proposed construction of structures which could pose a hazard to air navigation. (Current law provides only for a criminal penalty.) Increases from $1,000 to $10,000 the maximum civil penalty which may be imposed for violation of certain administrative, security, and safety regulations by commercial aircraft operators.
United States · United States Congress · 6 March 1986
Federal Firearms Law Reform Act of 1986 - Amends the Gun Control Act of 1968 to prohibit the transfer or possession of silencers. Authorizes the Secretary of the Treasury to buy any registered silencer. Permits the interstate sale of rifles and shotguns, provided: (1) the transferee and the transferor meet in person to accomplish the transfer; and (2) the sale, delivery, and receipt comply with the legal conditions of sale in both States. Makes it unlawful for any person to sell or ship any firearm or ammunition to someone who: (1) is under indictment for, or has been convicted of, a felony; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to a controlled substance; (4) has been adjudicated as a mental incompetent or committed to a mental institution; (5) has received a dishonorable discharge from the armed forces; (6) has renounced his U.S. citizenship; or (7) is an illegal alien. Makes it unlawful for such persons to receive, possess, or transfer any firearm or ammunition in interstate or foreign commerce. Permits gun sales at certain gun shows. Prohibits the importation of the barrel of any firearm if the importation of that firearm is prohibited. Revises the criteria reviewed by the Secretary in approving applications for licenses. Grants the Secretary authority to suspend (rather than just revoke) a license. Allows the Secretary to inspect the inventory and records of a licensee to ensure compliance with the recordkeeping requirements of such Act. Modifies the penalty provisions for certain licensee violations. Eliminates the recordkeeping requirements for ammunition sales involving less than 1,000 rounds. Codifies existing regulations requiring reports of multiple firearm sales. Establishes additional mandatory penalties for the use or carrying of firearms or armor-piercing ammunition during certain drug trafficking activities. Imposes additional mandatory penalties for machine gun use in crimes. Limits to felony violations the Government's authority to seize firearms and ammunition. Allows individuals who have violated the Gun Control Act of 1968 or the National Firearms Act to apply for relief from the legal disabilities imposed by such statutes. Authorizes the Secretary of the Treasury to grant such relief. Allows the interstate transport of rifles and shotguns by individuals under certain circumstances. Prohibits the sale, delivery, or transfer of a handgun from a licensed importer, manufacturer, or dealer to an unlicensed individual unless the documentation of the transaction is sent to local law enforcement officers and the Federal Bureau of Investigation.
United States · United States Congress · 27 February 1986
Anti-Terrorism Tax Act of 1986 - Amends the Internal Revenue Code to deny the foreign tax credit for taxes paid to any country identified as repeatedly providing support for acts of international terrorism. Requires the Secretary of State to identify foreign countries which repeatedly provide support for acts of international terrorism.
United States · United States Congress · 26 February 1986
Promoting Competition in Distressed Industries Act - Amends the Trade Act of 1974 to authorize the President, within 15 days of receiving a finding that imports are adversely affecting a U.S. industry, to request advice from appropriate Federal officials on the probable effectiveness of antitrust relief as a means to enhance the competitiveness of firms in such industry. Requires the President to determine what type of import relief action to take within 30 days of receiving such report. Includes the probable effectiveness of antitrust relief among the factors the President shall consider when determining what type of import relief to provide. Authorizes the President to issue an order providing for antitrust relief as an alternative to, and in lieu of, any other forms of import relief provided that an industry which receives antitrust relief shall receive no other import relief for the next ten years. Authorizes members of the industry covered by such an antitrust relief order to apply for a certificate of exemption for a proposed merger or acquisition. Sets forth the requirements for receiving such exemption.
United States · United States Congress · 26 February 1986
Antitrust Remedies Improvements Act of 1986 - (No title I). Title II: Treble Damage Reform - Amends the Clayton Act to reduce the amount recoverable in a private antitrust action from treble to actual damages sustained, except when the damages are sustained by reason of the plaintiff being overcharged or underpaid by the liable party. Requires payment to the prevailing plaintiff in an actual damage case, or a treble damage case under specified circumstances, of interest on actual damages for the period beginning on the date of injury and ending on the date of judgment (prejudgment interest). Entitles the United States to recover treble damages when it is injured by being overcharged or underpaid by an antitrust violation. Provides for the payment of prejudgment interest on the actual damages recovered by the United States in an antitrust action. Provides for the payment of prejudgment interest on the total damage recovered in antitrust actions commenced by State attorneys general. Title III: Defendants' Attorneys' Fees - Amends the Clayton Act to direct the court to award the cost of suit, including a reasonable attorney's fee, to a substantially prevailing defendant in a private antitrust action or a private action for injunctive relief against an antitrust violation if the court finds that the plaintiff's conduct was frivolous, unreasonable, without foundation, or in bad faith. Title IV: Claim Reduction - Amends the Clayton Act to direct the court in an antitrust action to reduce the claim of any claimant who releases any person from liability by the greatest of: (1) a stipulated amount; (2) the consideration paid for release; or (3) the actual damages fairly allocable to the released person and interest thereon. Requires damages to be allocated on the basis of: (1) each competitor's proportionate share of the total competitors' overcharges or underpayments where the claim is based upon damages substained by reason of overcharges or underpayments resulting from a contract, combination, or conspiracy among competitors; or (2) each party's relative responsibility for the origination or perpetration of the antitrust violation, whichever method the court determines to be more equitable. Title V: Effective Date - Applies this Act to actions commenced after its enactment.
United States · United States Congress · 26 February 1986
Foreign Trade Antitrust Improvements Act of 1986 - Amends the Sherman Act to require the court in an antitrust action involving commerce with foreign nations, except for good cause shown, to hear and determine a motion to dismiss the action for lack of subject matter jurisdiction before conducting or permitting the parties to conduct further proceedings. Amends the Clayton Act to require a court to dismiss any antitrust action involving foreign commerce whenever it determines that the exercise of jurisdiction would be unreasonable in light of the following exclusive factors: (1) the relative significance of conduct within the United States compared to conduct abroad; (2) the nationality of the parties and the principal place of business of corporations; (3) the presence of a purpose to affect United States consumers or competitors; (4) the relative significance and foreseeability of the effects of the conduct on the United States compared to the effects abroad; (5) the existence of reasonable expectations that would be furthered or defeated by the action; and (6) the degree of conflict with foreign law. Directs the court to hear and determine any motion to dismiss on such basis before conducting further proceedings. Declares that the doctrine of forum non conveniens (providing that a court dismiss a case that should be tried in another more convenient and appropriate forum) shall be applicable in any antitrust action involving foreign commerce.
United States · United States Congress · 26 February 1986
Interlocking Directorate Act of 1986 - Amends the Clayton Act to prohibit any person from serving as a director in two or more corporations if each (currently, any) of such corporations has capital, surplus, and undivided profits aggregating more than $10,000,000 (currently, $1,000,000). Establishes exceptions to such interlocking directorate prohibition where the sales of each corporation of each product or service sold in competition with the other corporations: (1) are less than five percent of such corporation's total sales, unless such corporation's sales of all such products or services exceed 25 percent of its total sales; (2) added to such corporation's sales of all other such products or services are less than $1,000,000; or (3) are less than three percent of the total sales in each line of commerce in each section of the country in which such corporations compete. Increases the $10,000,000 and $1,000,000 threshold amounts by the percentage increase in the gross national product for the preceding fiscal year.
United States · United States Congress · 26 February 1986
Merger Modernization Act of 1986 - Amends the Clayton Act to revise the standard of anticompetitive effects required to prohibit a merger. Prohibits a merger if there is a significant probability that the merger will substantially increase the ability to exercise market power. Defines "the ability to exercise market power" as the ability of one or more firms profitably to maintain prices above competitive levels for a significant period of time. Directs the courts, in determining whether a merger will substantially increase the ability of a firm to exercise market power, to consider all economic factors relevant to the affected markets, including: (1) the difficulty of entry by foreign or domestic firms into the market; (2) efficiencies derived from the merger; and (3) any other evidence indicating whether the merger will increase the ability to exercise market power.