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Official portrait of Sen. Danforth, John C. [R-MO]

Sen. Danforth, John C. [R-MO]

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Resolution· SRESS.Res. 502 (99th)passed

A resolution supporting the President's intention to include arms control, human rights and regional issues as priority items on the agenda at the pre-summit meeting in Reykjavik, Iceland, October 11-12.

United States · United States Congress · 8 October 1986

Declares that the Senate: (1) offers its support and best wishes to the President as he prepares for his meetings with General Secretary Gorbachev in Reykjavik; and (2) endorses and specifically encourages the President to pursue the major issues relating to arms control, Soviet recognition of international human rights, and the removal of soviet combat forces from Afghanistan.

Bill· SS. 2850 (99th)open

Drug Enforcement Act of 1986

United States · United States Congress · 23 September 1986

Drug Enforcement Act of 1986 - Title I: White House Initiative Against Drugs - Subtitle A: Drug-Free Federal Workplace Act of 1986 - Drug-Free Federal Workplace Act of 1986 - Amends the Rehabilitation Act of 1973 to provide that any individual who is otherwise handicapped shall not be excluded from the protections of such Act because that individual uses illegal drugs. Permits certain personnel actions based on an employee's, or applicant's, use of controlled substances. Requires the Director of the Office of Personnel Management to establish a Government-wide education program designed to provide information to federal employees with respect to: (1) the health hazards associated with alcohol and drug abuse; (2) the symptoms of alcohol and drug abuse; (3) the availability of prevention, treatment, or rehabilitation services relating to alcohol and drug abuse; and (4) penalties for alcohol and drug use by Federal employees. Subtitle B: Drug-Free Schools Act of 1986 - Drug-Free Schools Act of 1986 (the Zero-Tolerance Act) - Authorizes appropriations for FY 1987 through 1990 for: (1) allotments to States for drug and alcohol abuse prevention and education activities directed toward students in elementary, secondary, and postsecondary schools; (2) grants to local governments and other public and nonprofit private entities for drug and alcohol prevention, intervention, rehabilitation, education, and training programs; (3) the development and distribution of education materials; (4) education and primary prevention programs for high risk youth; (5) the procurement and development of curricula; and (6) activities to increase drug and alcohol abuse education and prevention efforts targeted at children in kindergarten through the twelfth grade. Specifies the method of distributing such funds. Sets forth the State application requirements. Directs the Secretary of Health and Human Services to carry out national programs designed to achieve a drug-free learning environment in elementary and secondary schools. States that it shall not be unlawful under Federal statute or regulation for any educational institution to: (1) require, as a condition of admission or continued enrollment, that students refrain from the use of illegal drugs; (2) conduct drug testing of its students and applicants; (3) refuse enrollment to applicants who use illegal drugs; or (4) take disciplinary action against students who use illegal drugs. Allows the Secretary to withhold allotment payments from any State which prohibits drug testing of students by schools. Subtitle C: Substance Abuse Services - Substance Abuse Services Amendments of 1986 - Amends title XIX (Block Grants) of the Public Health Service Act to authorize appropriations for FY 1988 through 1991 for alcohol and drug abuse and mental health services block grants. Requires the Secretary to reserve a specified portion of such appropriations for grants to States with demonstrated need for funds to conduct substance abuse treatment programs. Eliminates certain block grant earmarks. Allows the Secretary to withhold State allotments under such title where the possession or distribution of a drug, which is illegal under the Controlled Substances Act, is legal under such States laws. Directs the Secretary to appoint an advisory council for the National Institute on Alcohol Abuse and Alcoholism, for the National Institute on Drug Abuse, and for the National Institute of Mental Health to make recommendations to the Secretary and the Director of the national research institute for which it was appointed. Grants the Secretary certain additional powers during public health emergencies. Requires the Secretary to report annually to specified congressional committees on actions taken during such emergencies. Authorizes appropriations for FY 1987 for: (1) alcohol abuse and alcoholism research; and (2) drug abuse research. Provides an exception to the confidentiality requirement regarding alcohol and drug abuse records for incidents of suspected child abuse and neglect. Requires the Secretary to transmit triennial reports to the Congress on the causes and means of preventing teenage suicide. Directs the Secretary to prepare public service announcements on the dangers resulting from cigarette smoking by women. Authorizes appropriations through FY 1989. Directs the Secretary to: (1) prepare and transmit to the Congress a report which sets forth a comprehensive national plan to combat drug abuse; (2) establish a clearinghouse for alcohol and drug abuse information; and (3) conduct a study on alkyl nitrates and recommend whether they should be treated as a drug under the Food, Drug, and Cosmetic Act. Subtitle D: Drug Interdiction and International Cooperation - Part I: Mansfield Amendment - Amends the Foreign Assistance Act of 1961 to permit any U.S. officer or employee to assist foreign law enforcement officers in making arrests or to take direct action in an arrest action in a foreign country to protect the life or safety of U.S. or foreign officers or the public. Part II: Narcotics Traffickers Deportation Act - Amends the Immigration and Nationality Act to provide for the exclusion or deportation of any alien for possession or use of certain controlled substances. Part III: Customs Enforcement - Customs Enforcement Act of 1986 - Subpart A: Tariff Act Amendments - Requires the master of any vessel arriving at any U.S. or Virgin Island port to report such arrival at the nearest customs facility if such vessel is: (1) from a foreign port or place; (2) a foreign vessel from a domestic port; or (3) a U.S. vessel carrying bonded merchandise or foreign merchandise for which entry has not been made. Requires vehicles arriving in the United States to enter only at designated border crossing points. Requires the person in charge of such a vehicle to report the arrival of such vehicle, and present the vehicle and all persons and merchandise on board for inspection to the customs officer. Requires the pilot of any aircraft arriving in the United States from any foreign airport or place to comply with the advance notification, arrival reporting, and landing requirements prescribed by the Secretary of Transportation. Imposes penalties for violations of the arrival, reporting, or entry requirements. Increases the fine for the unauthorized unloading of passengers. Sets forth reporting requirements for individuals arriving in the United States. Prohibits the departure of such individuals until authorized by a customs official. Imposes penalties for violations of such reporting requirements. Repeals the current penalties for failure to report or file a manifest upon arrival in the United States. Authorizes the issuance of summonses for records pertaining to merchandise the importation of which into the United States is prohibited. Increases the penalties for: (1) filing a false manifest; (2) failing to file a complete manifest; or (3) carrying illegal drugs. Repeals the prepenalty procedures in such cases. Increases the penalties for illegal unloading and transshipment. Makes aviation smuggling unlawful. Prohibits the at sea transfer of controlled substances between U.S. owned aircraft and vessels. Prohibits the at sea transfer of prohibited merchandise between aircraft and vessels, regardless of the nationality of either, where the intent is to smuggle the merchandise into the United States. Imposes penalties, including seizure of the aircraft or vessel, for violations of such anti-smuggling provisions. Specifies certain acts that, if engaged in within 250 miles of the U.S. territorial seas, shall be: (1) presumed to indicate intent to smuggle; and (2) deemed prima facia evidence that the aircraft or vessel was used in aiding or facilitating such smuggling. Changes the procedures for the seizure and forfeiture of conveyances used in smuggling to require that a common carrier be seized and forfeited under certain circumstances. Authorizes the issuance of search warrants for places suspected of containing: (1) merchandise brought into the United States unlawfully; (2) property which is subject to forfeiture under the customs laws; or (3) articles which are evidence of a customs violation. Authorizes the seizure and forfeiture of smuggled merchandise. Requires that any deposit made in lieu of forfeiture of property seized under customs laws be treated in the same manner as the proceeds of a sale of any forfeited item. Provides that the expenses of a forfeiture proceeding shall be a priority claim in the same manner as court costs. Provides that compensation for informers shall not exceed 25 percent of the amount recovered. (Current law requires such compensation to equal 25 percent of such amount.) Authorizes the Secretary to require the production of foreign landing certificates to comply with international obligations. Permits the Secretary to authorize customs officials to exchange information or documents with foreign customs or law enforcement agencies under certain circumstances. Allows the Secretary, when authorized by treaty or executive agreement, to station customs officers in foreign countries to examine persons or merchandise prior to their arrival in the United States. Provides that merchandise seized at a foreign station may be transported to the United States for customs proceedings. Permits the stationing of foreign customs officers in the United States (if similar privileges are extended to the United States). Establishes penalties for making fraudulent statements to such foreign officials. Grants the Commissioner of Customs authority to conduct commercial cover operations. Subpart B: Miscellaneous Provisions - Subjects recreational vessels to applicable customs regulations. Allows any customs official needing assistance in making an arrest, search, or seizure, to demand such assistance from any person. Subjects any person who refuses such assistance without reasonable excuse to criminal penalties. Exempts any person who renders such assistance from liability for civil damages. Subpart C: Amendments to the Controlled Substances Import and Export Act - Makes it unlawful for any United States citizen on board any aircraft, or any person on board any aircraft owned by a U.S. citizen or registered in the United States, to manufacture or distribute a controlled substance or possess a controlled substance with intent to distribute. Subpart D: Amendments to the Criminal Code - Amends the Federal criminal code to establish criminal penalties for: (1) operating an aircraft without proper navigation and/or anticollision lights; (2) installing illegal fuel tanks or fuel systems aboard an aircraft except according to regulations; or (3) operating an aircraft with such a fuel tank or fuel system installation, except in accordance with regulations. Subpart E: Denial of Trade Benefits to Uncooperative Drug Source Nations - Narcotics Control Trade Act - Directs the President to designate a country an uncooperative drug source nation if during any fiscal year beginning after September 30, 1986, such country: (1) was a source of any illicit narcotic and psychotropic drugs or other controlled substances that are significantly affecting the United States; and (2) did not cooperate with the United States in preventing such drugs and substances from affecting the United States by taking specified actions. Directs the President to report to the Congress the name of each such country. Denies the products of each such country most-favored-nation treatment until the President notifies the Congress that such country has made significant progress and will continue to make progress in remedying those policies on which an uncooperative drug source nation designation was based. Part IV: Maritime Drug Law Enforcement Prosecution Improvements Act of 1986 - Maritime Drug Law Enforcement Prosecution Improvements Act of 1986 - Makes it unlawful for any person on board a vessel of the United States, or on board a vessel subject to the jurisdiction of the United States, to manufacture or distribute, or possess with intent to manufacture or distribute, a controlled substance. Subjects any property used to commit such unlawful acts to seizure and forfeiture. Subtitle E: Anti-Drug Enforcement - Part I: Drug Penalties Enhancement Act of 1986 - Drug Penalties Enhancement Act of 1986 - Amends the Controlled Substances Act to modify the threshold quantity and kinds of controlled substances which trigger enhanced penalties. Establishes a mandatory minimum sentence of five years imprisonment (ten years for subsequent offenses) for violations involving a specified large quantity of such substances. Increases the maximum sentence to 20 years imprisonment and a fine of up to $2,000,000 (life imprisonment and $4,000,000 for subsequent offenses) for such violations. Provides a fine of up to $5,000,000 ($10,000,000 for subsequent offenses) for violations involving a person other than an individual (organization). Provides a mandatory minimum sentence of 20 years imprisonment (life imprisonment for subsequent offenses) if a death results from the use of such substances. Provides for the imposition of a special parole term of at least four years (at least eight years for subsequent offenses) in addition to the prison term for such offenses. Increases the fines for certain Controlled Substances Act violations. Grants the court authority to impose a sentence below the statutory minimum, upon motion of the Government, to reflect a defendant's assistance in the investigation or prosecution of another. Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate special parole terms for violations of such Acts. Part II: Drug Possession Penalty Act of 1986 - Drug Possession Penalty Act of 1986 - Amends the Controlled Substances Act to impose criminal penalties for illegal possession of a controlled substance. Part III: Death Penalty and Continuing Drug Enterprise - Subpart A: Death Penalty - Amends the Federal criminal code to establish procedures to be followed for the imposition of the death penalty. Sets forth mitigating and aggravating factors to be considered in determining whether a sentence of death is justified. Requires a special hearing to determine whether a sentence of death is justified. Allows the defendant to appeal a sentence of death to the court of appeals for review. Limits the imposition of the death sentence for treason. Modifies the criminal penalties for specified criminal offenses. Provides for the imposition of the death penalty for: (1) murder by a Federal prisoner; or (2) murder during the course of a continuing criminal enterprise offense. Subpart B: Continuing Drug Enterprise Act of 1986 - Continuing Drug Enterprise Act of 1986 - Amends the Controlled Substances Act to increase the criminal penalties for continuing criminal enterprise activities. Part IV: Controlled Substances Import and Export Act Penalties Enhancement Act of 1986 - Controlled Substances Import and Export Act Penalties Enhancement Act of 1986 - Amends the Controlled Substances Import and Export Act to modify the quantity and kinds of controlled substances which trigger enhanced penalties. Imposes a mandatory minimum sentence of five years imprisonment (ten years for subsequent offenses) for violations involving a specified large quantity of such substances. Increases the maximum sentence to 40 years imprisonment and a fine of up to $2,000,000 (life imprisonment and a fine of up to $4,000,000 for subsequent offenses) for such violations. Provides a mandatory minimum sentence of 20 years imprisonment (life imprisonment for subsequent offenses) if a death results from the use of such substances. Provides a fine of up to $5,000,000 (up to $10,000,000 for subsequent offenses) for violations involving a person other than an individual (organization). Provides for the imposition of a special parole term of at least four years (at least eight for subsequent violations) in addition to the prison term for such violations. Increases the penalties for certain Controlled Substances Import and Export Act violations. Part V: Juvenile Drug Trafficking Act of 1986 - Juvenile Drug Trafficking Act of 1986 - Establishes enhanced penalties for employing persons under 21 years of age to manufacture or distribute a controlled substance. Establishes enhanced penalties for: (1) the manufacture of a controlled substance in or near an elementary or secondary school (current law establishes such enhanced penalties only for the distribution of a controlled substance in or near such schools); and (2) the manufacture or distribution of a controlled substance in or near a college. Part VI: Chemical Diversion and Trafficking Act of 1986 - Chemical Diversion and Trafficking Act of 1986 - Sets forth certain recordkeeping requirements for distributors, importers, and exporters of precursor and essential chemicals. Makes it illegal to distribute, import, export, or purchase such chemicals for unlawful purposes. Part VII: Asset Forfeiture Amendments Act of 1986 - Asset Forfeiture Amendments Act of 1986 - Permits the use of funds in the Department of Justice Assets Forfeiture Fund for necessary program related expenses and for equipping any vessels, vehicles, and aircraft available for official use by Federal Bureau of Investigation and the U.S. Marshals Service. Authorizes appropriations for such Fund through FY 1991. Requires the forfeiture of substitute assets where, as a result of an act or ommission of the defendant, property subject to forfeiture as a result of certain crimes: (1) cannot be located; (2) has been transferred to a third party; (3) has been placed beyond the jurisdiction of the courts; (4) has been diminished in value; or (5) has been commingled with other property. Part VIII: Exclusionary Rule Limitation Act of 1986 - Exclusionary Rule Limitation Act of 1986 - Provides a good faith exception to the exclusionary rule. Provides a general limitation of the exclusionary rule unless specifically provided by statute or rule of procedure. Subtitle F: Public Awareness and Private Sector Initiatives Act of 1986 - Public Awareness and Private Sector Initiatives Act of 1986 - Allows the head of an agency to procure property or services without using competitive procedures if: (1) such property or services are to be used for a public education program to publicize the dangers of illegal drug use; (2) at least 50 percent of the value of the property or services is donated; and (3) the agency procures such property or services within two years of enactment of this Act. Title II: Pending Senate Initiatives Against Drugs - Subtitle A: Federal Drug Law Enforcement Agent Protection Act of 1986 - Federal Drug Law Enforcement Agent Protection Act of 1986 - Amends the Controlled Substances Act to authorize awards of up to $100,000 to any individual who provides original information which leads to the arrest and conviction of a person who kidnaps or kills a Federal drug law enforcement agent. Provides that the money for such rewards be taken from the forfeiture proceeds within the Department of Justice. Subtitle B: Common Carrier Operation Under the Influence of Alcohol or Drugs - Provides criminal penalties for operating a common carrier while under the influence of alcohol or drugs. Subtitle C: Controlled Substances Technical Amendments - Makes technical amendments to the Controlled Substances Act. Subtitle D: Indian Juvenile Alcohol and Drug Abuse Prevention - Indian Youth Alcohol and Substance Abuse Prevention Act - Part I: Interdepartmental Agreement - Directs the Secretary of Health and Human Services to enter into an agreement with the Secretary of the Interior to coordinate specified efforts of the Bureau of Indian Affairs (Bureau) and the Indian Health Service relating to alcohol and drug abuse programs for Indian youth. Provides for the biennial review of such agreement by the Secretary of the Interior and the Secretary of Health and Human Services. Requires the Secretary of Health and Human Services, upon a tribe's request, to coordinate resources and services related to youth alcohol and drug abuse with any Indian tribe. Part II: Education - Requires Bureau schools and schools operated under any contract entered into with the Bureau to provide instruction on alcohol and drug abuse to students in kindergarten and grades one through 12. Requires the Secretary of Health and Human Services to publish, on a quarterly basis, an alcohol and drug abuse newsletter and to circulate it to specified Government agencies that provide such alcohol and drug abuse-related services to Indian people. Part III: Family and Social Services - Requires any initial training program for new community health representatives and community health aids funded under the Bureau to include not less than 40 hours of instruction in the area of alcohol and drug abuse, including instruction in crisis intervention, family relations, youth alcohol and drug abuse, and the causes and effects of fetal alcohol syndrome. Requires the Secretary of Health and Human Services to provide instruction in alcohol and drug abuse problems to specified schools, Indian Health Service personnel, and others. Part IV: Law Enforcement - Requires the Secretary of the Interior, in consultation with the U.S. Attorney General, to promulgate guidelines under which any tribal or Federal law enforcement officer shall place an Indian youth who has been arrested for an offense in which alcohol or drug abuse was a contributing factor in an emergency shelter, a community-based alcohol or drug abuse treatment facility, or any other medical or detention facility. Requires such guidelines to be made available to any State which exercises criminal jurisdiction over Indian country. Requires the Secretary of Health and Human Services, with the concurrence of the Secretary of Interior, to establish standards for the licensing of temporary emergency shelters to house Indian youths who have been arrested for offenses related to alcohol or drug abuse. Requires the Bureau to prescribe standards by which such shelters shall become licensed. Increases the maximum sentence (from six months to one year) and the maximum fine (from $500 to $5,000) which a tribal court can impose for any offense. Directs the Secretary of the Interior to provide for the development of a Model Indian Juvenile Code. Allows the Secretary to charge any employee of the Department of the Interior with law enforcement responsibilities. Part V: Youth Alcohol and Drug Abuse Treatment and Rehabilitation - Requires the Secretary of Health and Human Services to include in the budget submitted to the Congress a detailed estimate of the cost of providing comprehensive alcohol and drug abuse treatment services to Indian juveniles (including detoxification and counseling services, and follow-up care in Indian Health Service facilities and in facilities operated under any contract entered into with the Indian Health Service). Requires the Secretary of Health and Human Services to complete a study to determine: (1) the size of the Indian population in need of residential alcohol and drug abuse treatment; (2) the location of facilities at which such treatment is available or could be made available; and (3) the cost of providing such treatment. Requires the Secretary of Health and Human Services, in consultation with Indian tribes, to identify and utilize existing facilities owned by the Government or an Indian tribe, or local community or private hospitals, for use as residential alcohol and drug abuse treatment centers for Indian youths. Part VI: Miscellaneous Provisions - Authorizes the Secretary to prescribe regulations necessary to carry out the provisions of this subtitle. Authorizes appropriations. Subtitle E: Controlled Substance Analogs' Enforcement Act of 1986 - Controlled Substance Analogs' Enforcement Act of 1986 - Amends the Controlled Substances Act to impose criminal penalties for the manufacture, possession with intent to distribute, or distribution of controlled substance analogs. Subtitle F: Department of Defense Drug Interdiction - Authorizes appropriations for FY 1987 for the Department of Defense for: (1) the procurement, refurbishment, or upgrading of aircraft, radar, and related systems; (2) the operation and maintenance of aircraft used in carrying out drug interdiction missions; and (3) enhanced intelligence collection activities concerning the illegal importation of drugs from South America. Directs the Secretary of Defense to make such aircraft, radar, and related equipment available to certain Federal agencies (who shall be responsible for their operation and maintenance). Allows the Secretaries of Defense and Transportation to assign specially trained members of the Coast Guard to naval vessels for drug enforcement purposes. Requires the National Drug Enforcement Policy Board to submit a report to specified congressional committees on the manner and extent to which the Department of Defense should be involved in United States law enforcement activities relating to the control and reduction of drug abuse. Requires the Secretary of Defense to submit a report to specified congressional committees on: (1) the extent to which youth enrolled in schools operated by the Department of Defense for dependent members of the armed forces are receiving drug and substance abuse education; (2) the types of drug education programs currently being provided in such schools; (3) whether additional drug education programs are needed in such schools; and (4) the extent to which preventive peer counseling classes should be used for such programs. Amends the Uniform Code of Military Justice to include driving under the influence of drugs as an offense. Subtitle G: Money Laundering Crimes Act of 1986 - Money Laundering Crimes Act of 1986 - Amends the Federal criminal code to establish money laundering as a Federal offense. Sets forth fines and penalties to be imposed on anyone who, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a transaction which in fact involves such proceeds: (1) with the intent to facilitate the carrying on of specified unlawful activity; or (2) knowing that the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of such proceeds, or to avoid a transaction reporting requirement under State or Federal law. Sets forth fines and penalties to be imposed upon anyone who: (1) transports or attempts to transport a monetary instrument or funds from a place in the United States to or through a place outside the United States, or vice versa, with similar intent or knowledge; or (2) conducts or attempts to conduct a financial transaction that in whole or in part involves the proceeds of specified unlawful activities with intent to violate or facilitate the violation of certain provisions of the Internal Revenue Code. Provides, for each of such offenses, for a fine of not more than $250,000 or twice the value of the monetary instrument, whichever is greater, or imprisonment for not more than 20 years, or both. Imposes a civil penalty of the greater of the value of the funds or the monetary instrument involved or $10,000. Authorizes components of the Department of Justice, the Department of the Treasury, and the U.S. Postal Service to investigate such offenses, as appropriate. Establishes extraterritorial jurisdiction if certain conditions are met. Amends the Right to Financial Privacy Act of 1978 with respect to the permissible notification of the Federal Government by a financial institution that the institution has information which may be relevant to a possible violation of law or regulation. Restricts such information to the name or names and other identifying information concerning the individuals and accounts involved in and the nature of the suspected illegal activity. Preempts any State or local law which prohibits disclosure of such information. Precludes liability under any law for an institution for such a disclosure or for failing to notify the customer of such disclosure. Grants a district court authority to order the institution to delay notifying a customer of the existence of a grand jury subpoena of financial records or of information furnished to the grand jury. Authorizes the Secretary of the Treasury to: (1) subpoena witnesses; and (2) require the production of records of domestic financial institutions. Increases the civil penalties for violations of the Bank Secrecy Act's reporting rules. Provides in the case of a reporting violation for a maximum penalty of $1,000,000 and a minimum of $25,000. Imposes a civil penalty for the criminal violation of such rules, in the amount of the transaction or $25,000, whichever is greater, where the violation involves a transaction. Sets a civil penalty of the entire amount of an account (up to $250,000), or $25,000, whichever is greater, where the violation involves failure to report the existence of an account or any required identifying data pertaining to it. Imposes a civil penalty of not more than $500 in the case of a negligent violation. Authorizes the Secretary to assess a civil penalty within six years after the transaction on which the penalty is based. Permits the Secretary to bring a civil action to recover a civil penalty within two years after assessment. Lists money laundering as a predicate offense for purposes of the Racketeer Influenced and Corrupt Organizations (RICO) statute. Authorizes wiretapping for the investigation of money laundering. Amends the Federal Deposit Insurance Act to authorize the Secretary to prescribe recordkeeping regulations. Imposes penalties for violations of such regulations. Establishes civil and criminal forfeiture procedures for the offense of money laundering. Title III: New Initiatives Against Drugs - Subtitle A: White House Conference on Drug Abuse, Education, Prevention, and Treatment - White House Conference on Drug Abuse, Education, Prevention, and Treatment Act of 1986 - Directs the President to call a White House Conference on Drug Abuse, Education, Prevention, and Treatment to examine the drug abuse crisis. Requires the Conference to report its findings and recommendations to the President and the Congress. Authorizes appropriations. Subtitle B: Commerce - Part I: Railroad Safety - Directs the Secretary of Transportation to review existing rules, regulations, standards, and orders governing alcohol and drug use in railroad operations to determine whether they are adequate to ensure safety. Part II: Air Safety - Directs the Administrator of the Federal Aviation Administration to prescribe regulations establishing a program which requires air carriers to conduct pre-employment, random, and post-accident drug testing of airmen and crewmembers. Requires each air carrier to establish and maintain a rehabilitation program which provides for the identification and treatment of airmen and crewmembers who need assistance in resolving problems with controlled substances or alcohol. Amends the Federal Aviation Act of 1958 to impose criminal penalties (a fine of up to $25,000 and/or imprisonment for up to five years) for certain violations in connection with the air transportation of controlled substances. Requires any person having an ownership interest in an aircraft to report any transfer of ownership within 15 days. Part III: Communications - Requires the Federal Communications Commission to: (1) seize any communications equipment that was used for distributing a controlled substance; and (2) revoke the license of any person who used such license for the purpose of using or distributing a controlled substance. Part IV: Highway Safety - Subpart A: Commercial Motor Vehicle Safety Act of 1986 - Commercial Motor Vehicle Safety Act of 1986 - Requires the Secretary of Transportation (the Secretary) to promulgate regulations establishing minimum Federal standards for the licensing, testing, qualifications and classifications of commercial motor vehicle operators, and additional regulations for such operators who transport hazardous materials. Sets guidelines for such standards. Establishes guidelines for civil and criminal penalties to be imposed by the States for violations of such standards. Prohibits commercial motor vehicle operators from possessing more than one operator's license. Sets September 1, 1989, as the deadline by which each State must adopt and administer a classified licensing program which complies with the minimum Federal standards for commercial motor vehicle operators. Requires the States to notify the Secretary of the proposed and actual issuance of a commercial license in order to eliminate the multiple licensing of commercial motor vehicle operators. Restricts the issuance of commercial licenses to persons with acceptable safety records. Provides that States must require commercial operators to turn in other commercial licenses. Provides Federal grants to assist States which have programs for license issuance and administration that comply with the Federal guidelines established under this Act. Requires the Secretary to: (1) withhold highway funds and certain apportionments from States which are not in compliance with this Act as of September 30, 1990: and (2) establish by January 1, 1989, a commercial driver's license information clearinghouse allowing rapid communication among the States. Outlines the functions of such information system. Requires any prospective employer to consult such clearinghouse prior to employing a commercial motor vehicle operator in order to ascertain his or her status. Prohibits the employment of drivers whose licenses have been suspended, revoked or cancelled for cause. Requires the Secretary to establish fees for the use of such information system. Makes funds available for FY 1987 to establish such information system. Amends the Surface Transportation Assistance Act of 1982 to require States receiving grants under the Act to: (1) conduct frequent roadside inspections of commercial motor vehicles; (2) conduct tests to determine blood alcohol content levels of commercial motor vehicle operators; and (3) provide for license suspension or revocation for operators who either have certain blood alcohol content levels, or who refuse to submit to blood alcohol content tests. Authorizes the Secretary to provide funds to encourage the States to determine whether commercial motor vehicle operators are driving under the influence of a controlled substance. Increases authorizations for FY 1987 and 1988 for grants to assist States in the implementation of Federal commercial motor vehicle programs. Authorizes appropriations for FY 1989 and 1990 for such programs. Subpart B: Motor Vehicle Safety - Expresses the sense of the Senate that the States should enact laws and adopt procedures which provide for the administration of tests which measure the content of controlled substances in the blood of any motor vehicle operator and provide for suspension or revocation of the license of an operator who refuses to submit to such testing. Subtitle C: Harmful Inhalants - Amends the Federal criminal code to make the sale of harmful inhalants illegal. Subtitle D: Action Grants - Amends the Domestic Volunteer Act of 1973 to authorize grants (and other special initiatives) to increase voluntarism in preventing drug abuse. Authorizes appropriations for FY 1987 through 1989. Subtitle E: Habeas Corpus Reform - Reform of Federal Intervention in State Proceedings Act of 1985 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners, and a two-year statute of limitations for similar motions made by Federal prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Subtitle F: Armed Career Criminals - Amends title VII (Unlawful Possession or Receipt of Firearms) of the Omnibus Crime Control and Safe Streets Act of 1968 to expand the firearms-related crimes for which persons with multiple convictions may receive increased penalties to include serious drug offenses and crimes of violence. (Previous law provided increased penalties for robbery and burglary only.) Subtitle G: Prohibition on the Interstate Sale and Transportation of Drug Paraphernalia - Mail Order Drug Paraphernalia Control Act - Makes it a Federal criminal offense for any person to use the U.S. Postal Service or any private parcel service in interstate commerce as part of a scheme to sell drug paraphernalia. Imposes a penalty of imprisonment for not more than three years and a fine of not more than $100,000. Provides for the seizure and forfeiture of any paraphernalia involved in violation of this Act. Subtitle H: International Narcotics Control - Part I: Interagency Coordinating Committee - Establishes an Inter-Agency Coordinating Committee for Drug-Related Intelligence Collection and Action to coordinate the drug related activities of the intelligence components of specified Federal departments and agencies. Requires the Director of Central Intelligence to report annually to specified congressional committees on such activities. Part II: Declaration; Policy - Declares that drugs are a national security problem and urges the President to explore the possibility of engaging the North Atlantic Treaty Organization (NATO), and other such organizations, in cooperative drug programs. Part III: Report - Requires the President to prepare an annual report for the Congress listing each country: (1) which encourages or facilitates the production or distribution of illegal drugs; (2) in which a member of a U.S. Government agency has suffered or been threatened with violence, inflicted by or with the complicity of an official of such country; or (3) which fails to provide reasonable cooperation with lawful activities of U.S. drug enforcement agents. Part IV: International Narcotics Control Act of 1986 - International Narcotics Control Act of 1986 - Subpart A: International Narcotics Control Assistance Program - Amends the Foreign Assistance Act of 1961 to increase the FY 1987 authorization for aid for international narcotics control. Permits certain additional funds to be appropriated for FY 1987 only if the President has submitted to the Congress: (1) a budget request for such funds; and (2) a plan showing how such funds will be used. Requires that a specified amount of FY 1987 military assistance authorization be available to provide aircraft to foreign countries for narcotics control eradication and interdiction efforts. States that such aircraft shall be available primarily for use in Latin America. Provides that any such aircraft made available to Mexico shall be provided only on a lease or loan basis. Earmarks a specified amount of the FY 1987 international narcotics control assistance for research, development, and testing of safe and effective herbicides for use in aerial eradication of coca. Requires the Comptroller General to investigate and report to the Congress on the effectiveness of the international narcotics control assistance program. Subpart B: Improving Law Enforcement and Other Narcotics Control Activities Abroad - Requires the President's annual report to the Congress on the international strategy to prevent cultivation and trafficking in narcotics to include a discussion of the extent to which each source country has cooperated with U.S. narcotics control efforts through the extradition or prosecution of drug traffickers and a description of the state of negotations on updated extradition treaties. Requires the executive branch to establish expeditiously the information sharing system that will list all drug arrests of foreign nationals in the United States as required by the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987. Requires the executive branch to report to the Congress when the system is established. Requires the President to direct that an updated threat assessment of narcotics trafficking from Africa be prepared. Requires that a specified amount of the FY 1987 administration of justice program authorization be used to provide Colombia (and other countries in the region) assistance to protect judicial or other officials who are targets of narcoterrorist attacks. Allows the President to suspend foreign assistance to a country which has failed to take adequate steps to prevent money laundering and punish money launderers. Amends the International Security and Development Cooperation Act of 1985 to permit foreign assistance to Bolivia when certain conditions are met. Directs the President to report to specified congressional committees on a plan to do aerial and other surveys of major illicit drug producing countries. Requires the Secretary of the Treasury to instruct each U.S. Executive Director to multilateral development banks to vote against any loan for the benefit of any major illicit drug producing country. Subpart C: Drug Education Programs Abroad - Authorizes additional appropriations for the U.S. Information Agency for FY 1987 which shall be available only for increasing drug education programs abroad. Authorizes additional appropriations for development assistance programs for FY 1987 which shall be used for additional activities aimed at increasing awareness of the effects of production and trafficking of illicit narcotics on source and transit countries. Requires the Director of the U.S. Information Agency and the Director of the Agency for International Development to include in their annual reports to the Congress a description of the drug education programs carried out by their respective agencies. Subtitle J: Anti-Drug Trust Fund - Amends the Internal Revenue Code of 1954 to allow any individual to designate any amount of tax overpayment and to make contributions to the Anti-Drug Trust Fund. Establishes the Anti-Drug Trust Fund. Subtitle K: Freedom of Information Act - Amends the Freedom of Information Act to provide certain Freedom of Information request exceptions for specified law enforcement records and information. Subtitle L: National Forest System Drug Control - Grants officers and employees of the Forest Service of the Department of Agriculture authority to conduct investigations and make arrests for violations relating to the National Forest System. Allows the Secretary of Agriculture to grant such officers and employees certain law enforcement powers (including the right to carry firearms). Amends the Controlled Substances Act to impose criminal penalties for: (1) possessing a firearm while manufacturing a controlled substance on Federal property; and (2) placing a boobytrap on Federal property where a controlled substance is being manufactured. Authorizes appropriations. Subtitle M: Authorization of Appropriations for Drug Law Enforcement - Authorizes additional appropriations for FY 1987 for the Department of Justice for: (1) the Drug Enforcement Administration (including an All Source Intelligence Center); (2) the Federal Prison System; (3) Defender Services; (4) fees and expenses of jurors and commissioners; and (5) the Office of Justice Assistance. Subtitle N: Controlled Substances Production Control - Amends the Food Security Act of 1985 to make any person convicted of planting, storing, harvesting, or growing a controlled substance ineligible for price supports or other program benefits for ten (rather than five) years. Directs the Secretary to pay a reward for information leading to the conviction of any person who receives such supports or benefits and is subsequently determined to be ineligible for such supports or benefits. Subtitle O: State and Local Narcotics Control Assistance - State and Local Law Enforcement Assistance Act of 1986 - Authorizes the Attorney General to make grants to State and local law enforcement agencies for narcotics assistance. Subtitle P: Study on the Use of Existing Federal Buildings as Prisons - Directs the Administrator of General Services and the Secretary of Defense to conduct a study to identify any Federal building which could be used as a prison by the Federal Bureau of Prisons. Requires the Administrator and the Secretary to transmit the results of such study to the President and the Congress. Subtitle Q: Drug Law Enforcement Cooperation Study - Directs the National Drug Enforcement Policy Board to study Federal drug law enforcement efforts and make recommendations regarding: (1) improving the Nation's drug interdiction program; and (2) ways to maximize coordination and cooperation among Federal, State, and local drug enforcement agencies, and between the several Federal agencies involved with drug interdiction. Subtitle R: Drug Interdiction - Permits the use of Department of Defense personnel outside of the United States in drug interdiction activities. Authorizes appropriations for FY 1987 for the Customs Service, the Attorney General, the Coast Guard, and other agencies for drug interdiction activities along the southern border of the United States. Subtitle S: Arrest Authority for INS Officers - Amends the Immigration and Nationality Act to grant Immigration and Nationality Service (INS) officers general arrest authority (including the right to carry a firearm). Subtitle T: Improved Drug Crime Reporting - Requires the Bureau of Justice statistics to compile and publish comprehensive data on drug trafficking and abuse. Authorizes appropriations for FY 1987.

Bill· SS. 2842 (99th)referred

Digital Audio Tape Tariff Act of 1986

United States · United States Congress · 19 September 1986

Digital Audio Tape Tariff Act of 1986 - Amends the Tariff Schedules of the United States to define "copy-code scanners." Provides a duty on digital audio tape recorders without copy-code scanners and parts. Subjects other digital audio tape recorders to the same staged rate reductions as may later be provided for digital audio tape recorders without copy-code scanners. Subjects radio-television-phonograph combinations to the same staged rate reductions as may later be provided for certain tape recorders, dictation recording, and transcribing machines for civil aircraft.

Bill· SS. 2807 (99th)open

Independent Safety Board Act Amendments of 1986

United States · United States Congress · 10 September 1986

Independent Safety Board Act Amendments of 1986 - Amends the Independent Safety Board Act of 1974 to repeal the requirement that the National Transportation Safety Board publish notice of the issuance and availability of its accident reports in the Federal Register. Authorizes the Board to require payment from governmental entities for the reasonable cost of goods and services supplied, and to apply the funds received to the Board's appropriations. Empowers the Board to conduct schools for the training of Board employees, and to authorize attendance at such schools by U.S. and foreign government personnel as well as transportation industry personnel. Prohibits the Board, except in specified circumstances, from disclosing records or information relating to its participation in foreign aircraft accident investigations. Authorizes appropriations for FY 1987 through 1989. Authorizes an emergency fund for use by the Board to cover necessary expenses (not otherwise provided for) for accident investigations. Amends the Airport and Airway Improvement Act of 1982 to allow airports that receive funds under a certain airport improvement program to use a portion of such funds in FY 1987 for liability insurance premium payments that are attributable solely to airport development and air navigation facilities. Sets guidelines for the obligation of such funds.

Bill· SS. 2794 (99th)open

General Aviation Accident Liability Standards Act of 1986

United States · United States Congress · 3 September 1986

General Aviation Accident Liability Standards Act of 1986 - Declares that this Act supersedes any State law regarding liability for general aviation accidents. Establishes guidelines for uniform standards of liability of general aviation manufacturers for general aviation accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 20 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions for harm arising out of a general aviation accident.

Bill· SS. 2781 (99th)reported

National Appliance Energy Conservation Act of 1986

United States · United States Congress · 15 August 1986

National Appliance Energy Conservation Act of 1986 - Amends the Energy Policy and Conservation Act to add to the list of products covered under the Act: (1) freezers which can be operated by alternating current electricity (with specified exceptions); (2) central air conditioning heat pumps; (3) direct heating equipment; and (4) pool heaters. Deletes from specific coverage: (1) television sets; (2) humidifiers; and (3) dehumidifiers. Excludes from such coverage consumer products designed solely for use in recreational vehicles and other mobile equipment. Authorizes the Secretary of Energy (the Secretary) to amend Federal energy efficiency test procedures for appliances under specified guidelines. Prohibits manufacturers from making any representations regarding the energy efficiency of appliances covered by this Act unless such appliances have been tested in accordance with the Federal test procedures, and the manufacturer's representations fairly disclose the results of such testing. Sets forth specific Federal energy conservation standards for products covered by this Act and manufactured after certain dates. Establishes deadlines by which the Secretary must issue rules regarding such standards. Details the criteria to be applied if such standards are revised. Revises the information requirements with which manufacturers must comply to provide that the Secretary shall exercise authority in a manner designed to minimize unnecessary burdens on manufacturers of covered products. Revises the rules under which State regulations are superseded by the Federal regulations for testing and labeling requirements and energy conservation standards. Permits the waiver of Federal preemption if the Secretary finds that such waiver is needed to meet compelling and unusual local energy conditions. Prescribes procedural guidelines for such a waiver. Details conditions under which State and local building code requirements regarding energy conservation standards are not superseded by the standards promulgated under this Act. Permits the commencement of a citizen's suit against the Secretary for failure to comply with a nondiscretionary duty to issue rules according to prescribed schedules. Directs the courts to expedite the disposition of such suits. Vests jurisdiction in the Federal district courts over actions brought by any adversely affected person to determine whether a State or local government is complying with the requirements of this Act. Declares that the required submission by the Secretary of an annual report regarding Federal energy efficiency standards does not constitute a defense or justification for a failure by such Secretary to comply with the nondiscretionary duty provided for in this Act.

Bill· SS. 2760 (99th)open

Product Liability Reform Act

United States · United States Congress · 14 August 1986

Product Liability Reform Act - Title I: States that this Act governs any civil action brought against a manufacturer or product seller for harm caused by a product. Supersedes any inconsistent State law regarding recovery in such actions. States that U.S. district courts shall not have jurisdiction over civil actions pursuant to this Act. Title II: Establishes procedures by which any party may serve upon any other party offers to settle claims. Precludes a claimant or defendant from bringing or maintaining a civil action once an offer of settlement has been accepted. Holds a defendant who rejects a settlement offer and fails to substantially prevail in the action liable for the claimant's attorney's fees and costs. Limits the recovery of a claimant who has rejected a defendant's settlement offer: (1) for economic loss, to the claimant's net economic loss; and (2) for noneconomic loss, other than punitive damages, to $250,000 (if the court finds that recovery for dignitary loss is appropriate; otherwise two times the economic loss or $50,000, whichever is less). Allows payment for economic loss to be made by periodic payment or according to a settlement agreement. Requires the court to approve a settlement agreement if the value of the economic loss is $10,000 or more. Permits any defendant who has entered into a settlement agreement to seek reimbursement, contribution, or subrogation on the basis of comparative responsibility. Title III: Allows any person seeking recovery for harm caused by a product to bring a civil action against the product's manufacturer or seller. Establishes uniform standards of product seller liability. Subjects a product seller to liability if the claimant establishes by a preponderance of the evidence that: (1) the product seller did not exercise reasonable care with respect to the product; or (2) the product failed to conform to an express warranty made by the product seller. Treats a product seller as a manufacturer where: (1) the manufacturer is not subject to service of process under the laws of any State in which the action might be brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages to be awarded, if permitted by applicable law, where the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting the manufacturer's or seller's conscious, flagrant indifference to the safety of those who might be harmed by the product. Provides that punitive damages may not be awarded where: (1) a drug or medical device was approved or is generally recognized as safe by the Food and Drug Administration; or (2) an aircraft was certified by the Federal Aviation Administration under the Federal Aviation Act of 1958. Establishes uniform statutes of limitation and repose for product liability actions. Subjects an attorney to pecuniary sanctions for certain conduct. Imposes penalties for the destruction or concealment of material relevant to product liability actions. Requires any damage award to be reduced by the amount of workers' compensation benefits paid. States that the liability of each defendant for noneconomic damages shall be several and not joint. Establishes a forum non conveniens rule that creates a presumption that when a foreign plaintiff suffers a product-related injury overseas, that claim should be brought in another State or foreign country. Sets forth certain rules regarding the admissibility of evidence. Limits the use of evidence regarding subsequent remedial measures taken by product manufacturers. Bars recovery where the claimant in a product liability action is under the influence of alcohol or any drug and more than 50 percent responsible for the harm. Title IV: Requires the Secretary of Commerce to provide the Congress with an annual report analyzing the impact of this Act on product liability insurance.

Bill· SS. 2714 (99th)open

National Aeronautics and Space Administration Authorization Act, 1987

United States · United States Congress · 5 August 1986

National Aeronautics and Space Administration Act, 1986 - Authorizes appropriations for FY 1987 to the National Aeronautics and Space Administration (NASA) for specified activities relating to: (1) research and development; (2) space flight, control and data communications; (3) construction of facilities; and (4) research and program management. Permits appropriations for research and development and for space flight, control and data communications, to be used for: (1) any items of a capital nature (other than acquisition of land) which may be required at locations other than NASA installations for the performance of research and development contracts; and (2) grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities. Requires the Administrator of NASA (the Administrator) to notify specified congressional officers and committees whenever the cost of a facility exceeds a specified amount. Permits funds appropriated for research, space flight, control and data communications, and construction of facilities to remain available without fiscal year limitation. Permits appropriations for research and program management to be used for scientific consultations or extraordinary expenses upon the approval of the Administrator. Limits to not more than $100,000 per project (including collateral equipment) the amount that may be used for construction of new facilities and additions to existing facilities, and for repair, rehabilitation, or modification of facilities, from funds appropriated for research and development, for space flight, control and data communications, and for research and program management. Limits to not more than $500,000 per project (including collateral equipment) the amount that may be used for any of the foregoing for unforeseen programmatic needs, from funds appropriated for research and development and for space flight, control and data communications. Permits the funds for construction of any of specified facilities: (1) in the discretion of the Administrator, to be varied upward ten percent; or (2) following a report by the Administrator to specified congressional committees, to be varied upward 25 percent to meet unusual cost variations. Permits one-half of one percent of the funds appropriated for research and development or for space flight, control and data communications, to be transferred to the appropriation for construction of facilities. Authorizes the expenditure of such transferred funds, together with a specified amount of the funds appropriated for construction of facilities, to construct, expand, or modify laboratories and other installations. Requires the Administrator, 30 days before expending such funds, to notify specified congressional officers and committees of the nature, cost, and necessity of such construction. Prohibits, until 30 days pass after congressional receipt of a full explanation by the Administrator, the use of funds appropriated pursuant to this Act for any program: (1) deleted by the Congress; (2) in excess of the amount actually authorized for the particular program under provisions for research and development, space flight, control and data communications, and research and program management; or (3) which has not been presented to either of the specified congressional committees. Prohibits any civil space station authorized under this Act from being used to: (1) carry or place in orbit any nuclear weapon or any other weapon of mass destruction; (2) install any such weapon on any celestial body; or (3) station any such weapon in space in any other manner. Requires that such civil space station be used only for peaceful purposes. Declares that it is the sense of the Congress that it is in the national interest that consideration be given to geographical distribution of Federal research funds whenever feasible, and that NASA should explore ways of doing so. Amends the Commercial Space Launch Act to authorize appropriations for FY 1987 to the Secretary of Transportation to carry out such Act (which provides for licensing and liability insurance requirements for commercial space launches). Directs the Administrator to: (1) review the proposed space agenda submitted by the National Commission on Space; and (2) recommend by March 1, 1987, to the appropriate congressional committees a long-range plan to implement such agenda, including a specific agenda for the five-year period beginning on the date of enactment of this Act. Authorizes NASA to undertake construction of a fourth space shuttle orbiter in FY 1987 if: (1) the President determines that such construction is in the national interest; and (2) sums are appropriated for such construction which are in addition to sums made available pursuant to this Act. Requires the Consolidated Rail Corporation (Conrail) to redeem a specified amount of its debentures and preferred stock from the United States Railway Association. Directs the Association to pay all funds received as a result of such redemption to the Treasury. Makes such funds available for FY 1987 to the Administrator for specified NASA programs.

Bill· SS. 2713 (99th)referred

A bill to amend title 408 of the Federal Aviation Act of 1958 to ensure the preservation of employee seniority rights in airline mergers and similar transactions.

United States · United States Congress · 4 August 1986

Amends the Federal Aviation Act of 1958 regarding airline mergers to require the acquiring air carrier, and the surviving collective bargaining representative, to develop integrated seniority ranking lists for all employee groups if the Secretary of Transportation determines that the seniority of an air carrier employee would be adversely affected by the pending airline merger. Authorizes the affected parties to refer to an arbitrator any irreconcilable differences regarding such integrated seniority ranking lists.

Law· SS. 2703 (99th)enacted

Air Carrier Access Act of 1986

United States · United States Congress · 30 July 1986

Air Carrier Access Act of 1986 - Amends the Federal Aviation Act of 1958 to prohibit air carriers from discriminating against handicapped persons. Directs the Secretary of Transportation to promulgate regulations to ensure non-discriminatory treatment of such persons.

Bill· SS. 2660 (99th)open

Anti-Mercantilism Trade Act of 1986

United States · United States Congress · 21 July 1986

Anti-Mercantilism Trade Act of 1986 - Amends the Trade Act of 1974 to declare unjustifiable (and therefore actionable under such Act) those foreign acts, policies, or practices: (1) which require a state trading enterprise to compete in international trade with U.S. firms or make purchases or sales in international trade on any basis that is not dependent on commercial considerations; (2) through which a foreign country exercises its authority in order to assist a state trading enterprise in competing in international trade with U.S. firms or making purchases or sales in international trade on any basis that is not dependent on commercial considerations; or (3) which fails to afford U.S. firms adequate opportunity to compete for participation in purchases from, or sales to, state trading enterprise. Defines a state trading enterprise as: (1) a foreign agency which makes purchases in international trade for any purpose other than use of such purchases by such agency or which sells goods or services in international trade; or (2) any business which is substantially owned or controlled by a foreign country or agency, which is granted special privileges by such foreign country or agency, and which makes international trade purchases for any purpose other than use of such purchases by such foreign country or agency or sells goods or services in international trade. Authorizes any person to request, by petition, the International Trade Commission (ITC) to investigate sales by state trading enterprises. Requires such petition to allege that: (1) sales by a state trading enterprise are conducted without depending on commercial considerations; (2) a foreign country has exercised its authority, influence, or power to promote such sales; and (3) the effect or tendency of such sales is to injure substantially an efficient U.S. industry, to prevent the establishment of such an industry in the United States, or to restrain or monopolize trade and commerce in the United States. Sets forth the timetable and standards for completing such investigation. Requires the ITC to issue an order limiting the quantity of imports of an article produced by a state trading enterprise if the allegations contained in the petition are found to be true. Authorizes the ITC, in lieu of imposing such limitation, to issue an order directing the state trading enterprise to stop conducting sales on bases that are not dependent on commercial considerations. Establishes penalties for violating such orders. Sets forth the duration of such orders. Provides for judicial review of such orders. Requires the Secretary of the Treasury to issue import licenses in carrying out any import limitation ordered by the ITC. Requires the Secretary of the Treasury to auction such import licenses to the highest bidder at a public auction. Requires the President, before entering into trade negotiations with a foreign country and before any foreign country accedes to a multinational trade agreement to which the United States is a party, to determine: (1) whether state trading enterprises account for a significant share of the country's exports or of the country's goods that compete with imports; and (2) whether such state trading enterprises unduly burden and restrict or adversely affect U.S. foreign trade or the U.S. economy or are likely to result in such a burden, restriction, or effect. Authorizes the President, if both such determinations are affirmative, to enter into an agreement with such country or instrumentality only if the agreement provides that such state trading enterprises: (1) will make both purchases which are not for use of such country and sales in international trade in accordance with commercial considerations; and (2) will afford U.S. firms adequate opportunity to compete for participation in such purchases or sales. Provides that if both such determinations are affirmative: (1) the President shall reserve the right to withhold extension between the United States and such foreign country of such agreement; and (2) such trade agreement shall not apply between the United States and such foreign country until the foreign country makes certain assurances about the use of state trading enterprises.

Bill· SS. 2611 (99th)open

Driftnet Impact Monitoring, Assessment, and Control Act of 1986

United States · United States Congress · 26 June 1986

Driftnet Impact Monitoring, Assessment, and Control Act of 1986 - Amends the Magnuson Fishery Conservation and Management Act to revise provisions concerning the presence of a U.S. observer aboard foreign fishing vessels fishing in a U.S. fishery conservation zone. Provides that the Secretary of Commerce (the Secretary) shall not approve a foreign vessel's fishing permit application where the facilities aboard such vessels are so inadequate that the health, safety, and welfare of an observer on such vessel cannot be assured. Requires the Secretary, through the Secretary of State, to immediately negotiate with foreign governments conducting driftnet fishing operations off the U.S. coast an arrangement for the reliable monitoring and assessment of the number of fish, seabirds, and other marine creatures killed, discarded, or lost by such government's driftnet fishing vessels in waters beyond the jurisdiction of the United States. Prohibits the Secretary from issuing a permit to any foreign vessel whose government does not enter into such a monitoring arrangement within one year after the enactment of this Act. Directs the Secretary, within one year after the enactment of this Act, to report to the Congress on the implementation of such arrangements. Directs the Secretary, within one year after the enactment of this Act and annually thereafter, to report to the Congress on the impact upon living marine resources of all driftnet fisheries off the coasts of the United States. Requires enforcement costs to be taken into consideration when determining fishing permit fees to be charged. Directs the Secretary to implement a net bounty system to pay persons recovering and turning over to the Secretary lost, abandoned, or discarded driftnet or other plastic fishing net material. Requires such payments to be made from the Fishery Vessel and Gear Damage Compensation Fund. Directs the Secretary to develop recommendations to establish a driftnet marking, registry, and identification system to determine the vessel origin of lost, discarded, or abandoned driftnets or driftnet fragments. Directs the Secretary, no later than six months after the enactment of this Act, to report to the Congress concerning such recommendations and their implementation. Establishes a seabird protection zone surrounding the Aleutian Islands off Alaska within which no driftnet fishing is permitted. Directs the Secretary, in cooperation with the Secretary of the department in which the Coast Guard is operating, to enforce such driftnet fishing prohibition.

Bill· SS. 2618 (99th)referred

A bill to amend the Tariff Schedules of the United States to change the classification of certain prefabricated bitumen roofing membranes.

United States · United States Congress · 26 June 1986

Amends the Tariff Schedules of the United States to exclude from a specified Schedule certain prefabricated modified bitumen roofing membranes. Provides, for purposes of the Schedules, that: (1) the term "plastics" refers to modified bitumen used in roofing membranes; and (2) cord, fabric, wire, or non-rubber or non-plastic reinforcing or traction-increasing media shall be disregarded in determining the component material of chief value in prefabricated modified bitumen roofing membranes. Provides a duty on certain prefabricated bitumen roofing membranes.

Bill· SS. 2609 (99th)referred

Rural Enterprise Zone Act of 1986

United States · United States Congress · 26 June 1986

Rural Enterprise Zone Act of 1986 - Title I: Designation of Rural Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development. Specifies that States and local governments shall nominate areas for such designation. Limits to 45 the total number of areas which may be designated as enterprise zones. Limits the period during which such designations shall remain in effect to a maximum of 15 years. Specifies that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the nominating local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 1,000 or is entirely within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, and providing job training to residents of the area. Terminates the authority of the Secretary to designate rural enterprise zones on January 1, 1987, or three years after the publication of regulations pertaining to such zones. Describes areas to which preference shall be given in deciding to designate enterprise zones. Requires the Secretary to report to the Congress every three years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that the designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Provides that the designation of a rural enterprise zone shall not constitute a Federal action for purposes of applying the requirements of the National Environmental Policy Act or other provisions of Federal law relating to the protection of the environment. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers - Allows employers located in rural enterprise zones an income tax credit for increased employment expenditures. Sets the amount of such credit at ten percent of the increase in payroll. Limits the dollar amount of wages taken into account with respect to any employee to an amount equal to the lower living standard for a family of four as determined by the Bureau of Labor Statistics. Disallows an income tax deduction for the portion of wages taken into account for such credit. Subtitle B: Deferrals of Gain or Loss With Respect to Investment in Tangible Property in Rural Enterprise Zones - Allows the nonrecognition of gain or loss on the sale or exchange of rural enterprise zone property if the proceeds realized from such sale or exchange are used by the taxpayer to acquire rural enterprise zone property within one year. Subtitle C: Rules Relating to Industrial Development Bonds - Exempts rural enterprise zone property from the limitation of the accelerated cost recovery deduction on property financed with tax-exempt bonds. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Modifies certain small issue volume limitations with respect to rural enterprise zone facilities. Requires that five percent of the industrial development bond volume cap for a State which has one or more rural enterprise zones shall be set aside for use only in such rural enterprise zones in such State. Subtitle D: Sense of the Congress With Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterpise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Rural Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that, to the maximum extent practicable, foreign-trade zones should be established within enterprise zones.

Resolution· SRESS.Res. 431 (99th)referred

A resolution supporting the numerical sublimits of existing strategic offensive arms agreements.

United States · United States Congress · 18 June 1986

Expresses the sense of the Senate that: (1) it is against the national security interests of the United States to abandon existing strategic offensive arms agreements by exceeding the numerical sublimits of such agreements as long as the Soviet Union remains within such sublimits; (2) the Soviet Union should take steps to resolve U.S. concerns about Soviet violations of existing strategic arms agreements and to negotiate a new agreement; and (3) the Congress and the President should continue to review the policy of mutual adherence to the numerical sublimits on launchers of strategic nuclear delivery systems and the significance of both Soviet compliance and noncompliance with existing strategic offensive arms agreements.

Resolution· SCONRESS.Con.Res. 148 (99th)referred

A concurrent resolution expressing the sense of Congress concerning the nuclear disaster at Chernobyl in the Soviet Union.

United States · United States Congress · 13 June 1986

Expresses the sense of the Congress that: (1) dairy cattle designated for slaughter under the dairy buyout program should, instead of being slaughtered, be supplied to affected countries to replace stocks of cattle contaminated by the Chernobyl nuclear accident in the Soviet Union; and (2) feed grain from the Commodity Credit Corporation as well as dairy beef generated from the buyout program's slaughtering activities should be made available to the stricken countries.

Bill· SS. 2479 (99th)referred

Prompt Payment Amendments of 1986

United States · United States Congress · 21 May 1986

Prompt Payment Amendments of 1986 - Revises Federal law to deem the head of an agency to receive an invoice on the fifth day after the date on which a property is actually delivered, or final performance of a service is actually completed, unless the contract specifies otherwise. Makes Federal prompt payment provisions applicable to the United States Postal Service. Reduces the 15-day grace period for payment of interest penalties to eight days for solicitations issued before October 1, 1988. Requires an agency to pay a double interest penalty if it fails to meet such grace period and the business concern makes a written demand that the agency pay such penalty. Makes the interest penalty provisions applicable to construction contracts for progress payments and retained amounts. Specifies the calculation of time for interest penalties on discount payments. Revises agency reporting requirements on interest penalty payments to include a description of agency payment practices. Requires the modification of Government-wide procurement regulations to implement Federal prompt payment provisions.

Bill· SS. 2464 (99th)referred

A bill to require Senate confirmation of appointments of the Chairman and Vice Chairman of the United States International Trade Commission.

United States · United States Congress · 19 May 1986

Amends the Tariff Act of 1930 to require Senate confirmation of appointments of the Chairman and Vice Chairman of the United States International Trade Commission. Drops the prohibition that the President may not designate as Chairman either of the two commissioners most recently appointed to the Commission.

Law· SS. 2462 (99th)enacted

A bill to provide for the awarding of a special gold medal to Aaron Copland.

United States · United States Congress · 15 May 1986

Authorizes the President, on behalf of the Congress, to present a gold medal to Aaron Copland in recognition of his contributions to American musical composition. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.

Bill· SS. 2453 (99th)open

A bill to enhance the capabilities of the United States to combat terrorism and other forms of unconventional warfare.

United States · United States Congress · 15 May 1986

Amends Federal armed forces provisions to designate one of the Assistant Secretaries of Defense as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, whose principal duty shall be the overall supervision of special operations and low intensity conflict affairs (including terrorism, insurgency, and other unconventional warfare threats) of the Department of Defense. Directs the President to establish a unified command for special operations forces, unless such action is not in the national interest. Amends the National Security Act of 1947 to require the National Security Council to establish within the Council the Board for Low Intensity Conflict to coordinate the low intensity conflict policy for the United States. Expresses the sense of the Congress that the President should establish the position of Deputy Assistant to the President for National Security Affairs for Low Intensity Conflict, and that such Deputy Assistant should act as chairman of the Board for Low Intensity Conflict as established under this Act.

Bill· SS. 2456 (99th)referred

A bill for the relief of Milanie C. Escobol Norman.

United States · United States Congress · 15 May 1986

Authorizes the classification of a named individual as an immediate relative within the meaning of the Immigration and Nationality Act.

Resolution· SCONRESS.Con.Res. 138 (99th)referred

A concurrent resolution expressing the sense of the Congress with respect to Farm Credit System agricultural loan restructing.

United States · United States Congress · 14 May 1986

Expresses the sense of the Congress that the Farm Credit System should take specified actions to assist borrowers, including: (1) participating to the maximum extent possible with the Farmers Home Administration and other Government guarantee programs to provide 1986 operating loans; (2) following policies of reasonable loan forbearance; (3) using loan restructuring; (4) emphasizing loan servicing approaches that help borrowers meet the conditions of their loan contracts; (5) resorting to foreclosure only when there is no alternative or when the associated costs would be less than loan restructuring; (6) providing defaulting borrowers with the opportunity to bid on foreclosed property; and (7) maintaining sound institutional credit policies.

Bill· SS. 2332 (99th)open

Farm Credit Assistance Act of 1986

United States · United States Congress · 17 April 1986

Farm Credit Assistance Act of 1986 - Title I: Agricultural Loan Interest Subsidy Program - Directs the Secretary of Agriculture to establish a Federal-State-Lender cooperative agricultural loan interest subsidy program to run through September 30, 1987. Sets forth borrower eligibility criteria, including a prohibition on borrowers who produce commodities on highly erodible land or converted wetland. Provides that, with regard to such program, the interest rate shall be written down as follows: (1) two percentage points shall be paid by the Federal Government; (2) between one and two percentage points may be paid by a State; and (3) one percent of interest or at least 15 percent of the principal shall be canceled by the lender. Sets maximum aggregate loan principal at $400,000 for an individual and $600,000 for a family corporation or partnership. Authorizes FY 1986 through 1989 program appropriations. Limits maximum aggregate fiscal year payments to $600,000,000. Requires States to submit a program plan to the Secretary of Agriculture for approval. Sets forth plan requirements, including the designation of a State administering agency. Title II: Farm Credit System Institution Borrowers - Subtitle A: Farm Credit System Loan Restructuring Program - Requires a Farm Credit System (System) institution to restructure, rather than foreclose, a loan to an eligible borrower if foreclosure costs equal or exceed restructuring costs. Sets forth borrower eligibility criteria and related appeal procedures. Requires the Capital Corporation to reimburse an institution for the amount of principal due on loans reduced by the institution if necessary to avoid insolvency or liquidation. Requires the Chairman of the Farm Credit Administration Board to submit a program report to the Congress within 270 days. Subtitle B: Farm Credit System Reform - Amends the Farm Credit Act of 1971 to require System institutions to provide borrowers with access to appraisals. Encourages System institutions to permit foreclosed borrowers to retain possession of their principal residences and a reasonable amount of adjoining land. Prohibits a System institution from raising the interest rate on a loan that has been reclassified as a risk or problem loan. Directs the Farm Credit Administration to make periodic determinations of System financial assistance needs. Limits System institution operating expenses to one percent above the average cost of System-issued bonds. Directs the Farm Credit Administration to issue regulations regarding the disposition and leasing of acquired farmland. Directs System institutions to give sale or lease priority to family-sized farms and to original owners or operators. Requires a borrower to buy System stock in order to be eligible to obtain a loan or to purchase by installment System-held farmland. Title III: Farmers Home Administration Borrowers - Requires the Secretary of Agriculture to restructure, rather than foreclose, a loan made under the Consolidated Farm and Rural Development Act if foreclosure costs equal or exceed restructuring costs. Sets forth borrower eligibility criteria and related appeal procedures. Prohibits the Secretary from requiring additional loan collateral if the borrower is current in the payment of principal or interest. Directs the Secretary to submit a program report to the Congress within 270 days. Amends the Consolidated Farm and Rural Development Act to authorize loans to farmers and ranchers for alternate crop production (as defined by this Act). Title IV: Miscellaneous Provisions - Provides for the establishment of an Inter-Agency Agricultural Task Force to assist commercial agricultural banks and borrowers to resolve present economic problems and to facilitate commercial bank lending to agriculture in the future. Requires semiannual reports to the appropriate congressional committees. Authorizes appropriations. Requires that no less than $30,000,000 nor more than $35,000,000 of specified funds appropriated for the interest rate reduction program be used to fund the interest-rate buy-down program authorized under this Act for FY 1986.

Bill· SS. 2333 (99th)open

Medicaid Maternal and Infant Amendments of 1986

United States · United States Congress · 17 April 1986

Medicaid Maternal and Infant Amendments of 1986 - Amends title XIX (Medicaid) of the Social Security Act to give States the option of extending coverage to pregnant women and infants up to age one whose family income does not exceed the higher of the income eligibility threshold under part A (Aid to Families with Dependent Children) of title IV of the Act or the Federal poverty level. Prohibits States which provide coverage pursuant to this Act from establishing more stringent AFDC eligibility tests or reducing AFDC payment levels after enactment of this Act.

Resolution· SCONRESS.Con.Res. 129 (99th)referred

A concurrent resolution expressing the sense of Congress in opposition to certain import restrictions imposed by the European Community that adversely affect United States agricultural exports and urging the President to use to the fullest extent his authority to respond to these practices.

United States · United States Congress · 17 April 1986

Expresses the sense of the Congress that: (1) the administration should continue to oppose actions by the European Community to impose quotas on oilseeds in Portugal, to impose a grain purchase requirement quota on Portugal, and to place variable levies on corn and grain sorghum entering Spain before negotiating compensation; and (2) unless the European Community rescinds such trade restrictions or the United States receives compensation for resulting trade losses, the administration should impose trade restrictions on a sufficient value of exports of the European Community to the United States to reestablish the balance of concessions under the General Agreement on Tariffs and Trade and other trade agreements.

Bill· SS. 2288 (99th)open

Infant Mortality Prevention Act of 1986

United States · United States Congress · 11 April 1986

Infant Mortality Prevention Act of 1986 - Amends title XIX (Medicaid) of the Social Security Act to give States the option of extending coverage to women in need of pregnancy-related medical services and infants up to age one whose family income exceeds current income eligibility thresholds, but does not exceed a State maximum income level to be established at or below the Federal poverty level. Requires the State maximum income level for eligibility under this program to be no less than the payment level applicable to a family with no income under part A (Aid to Families with Dependent Children) of title IV of the Act. Prohibits States which provide coverage pursuant to this Act from reducing AFDC payment levels after enactment of this Act.