United States · United States Congress · 29 January 1987
Declares that the Senate: (1) expresses its support for the commitment by the President to achieve mutual, equitable, balanced, verifiable, and stabilizing nuclear arms reduction agreements with the Soviet Union; and (2) encourages both nations to use diplomacy at the Geneva negotiations to resolve their differences; (3) cautions the Soviet Union against pursuing strategies designed to exploit American domestic politics or to divide the United States from its allies to secure an advantage on arms reduction matters; (4) urges the Soviet Union not to condition progress on all arms control matters with issues relating to strategic defense technologies; (5) declares that an obstacle to an acceptable arms control agreement with the Soviet Union has been its violations of existing agreements, and calls upon it to rectify such violations, in particular, to dismantle the newly-constructed radar site at Krasnoyarsk, in the Soviet Union; and (6) urges the President to consult with America's allies and the Senate in the construction of sound arms reduction agreements.
United States · United States Congress · 21 January 1987
Redesignates the Capulin Mountain National Monument, New Mexico, as the Capulin Volcano National Monument. Transfers jurisdiction over the federally owned lands within the revised boundaries of the Monument to the National Park Service.
United States · United States Congress · 21 January 1987
Amends the National Trails System Act to designate the Santa Fe Trail, Missouri, Kansas, Oklahoma, Colorado, and New Mexico, as the Santa Fe National Historic Trail. Directs the Secretary of the Interior to report within one year to the House Interior and Insular Affairs Committee and the Senate Energy and Natural Resources Committee a comprehensive management and use plan for the Trail. Authorizes appropriations.
United States · United States Congress · 21 January 1987
Designates January 28, 1987, as National Challenger Center Day. (The Challenger Center is an institution offering children and teachers activities and information derived from American space research.)
United States · United States Congress · 16 January 1987
Allows the display of the National League of Families POW/MIA flag in the Capitol Rotunda until a satisfactory accounting of all Vietnam POW/MIAs has taken place.
United States · United States Congress · 13 January 1987
Commodity Distribution Program Reform Act of 1987 - Amends the National School Lunch Act to direct the Secretary of Agriculture to take specified actions to modify the commodity distribution program, including: (1) quality testing and monitoring; (2) making items available in optional sizes and forms; and (3) developing and monitoring distribution.
United States · United States Congress · 6 January 1987
Exclusionary Rule Limitation Act of 1987 - Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded in a Federal proceeding if the search or seizure was undertaken in an objectively reasonable belief that it was in conformity with the fourth amendment to the U.S. Constitution. States that evidence obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of such a reasonable belief (unless the warrant was obtained through intentional and material misrepresentation). States that, except as provided by statute or a rule of procedure, evidence which is otherwise admissible shall not be excluded on the ground that the evidence was obtained in violation of a law, rule, or regulation.
United States · United States Congress · 6 January 1987
Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken and the victim died as a direct result of the act; or (4) attempted to kill the President of the United States. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person under the age of 18 may be sentenced to death. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (4) "murder for hire"; (5) murder in the aid of a racketeering activity; and (6) engaging in a criminal enterprise activity which results in death. Eliminates the death penalty for the crime of rape.
United States · United States Congress · 6 January 1987
Reform of Federal Intervention in State Proceedings Act of 1987 - 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.
United States · United States Congress · 6 January 1987
Indian Health Care Amendments of 1987 - Title I: Indian Health Manpower - Amends the Indian Health Care Improvement Act to authorize appropriations for specified Indian health programs for FY 1988 through 1991, including scholarship programs and continuing education allowances. Prohibits the Secretary of Health and Human Services (the Secretary) from denying scholarship assistance solely on the basis of an applicant's scholastic achievement if such applicant has been admitted to, or maintained good standing at, an accredited health professions institution. Directs the Secretary to grant Indian Health Scholarships to Indians enrolled full-time in certain schools for health professionals. States that the active duty service requirements of the Public Health Service Act can be met by service: (1) in the Indian Health Service (Service); (2) in a program conducted under a contract entered into under the Indian Self-Determination and Education Assistance Act; (3) in a program assisted under the Indian Health Care Improvement Act; or (4) in the private practice of a health professional if such practice is in a health professional shortage area and addresses the health care needs of a substantial number of Indians. Repeals the Indian Health Scholarship Program under the Public Health Service Act. Amends the Public Health Service Act to make Native Hawaiians, subject to available appropriations, eligible for scholarships under the Indian Health Scholarship Program. Authorizes appropriations for FY 1988, and for each fiscal year thereafter. Directs the Secretary to maintain a Community Health Representative program to provide for the training and the use of Indians as health paraprofessionals to Indian communities. Title II: Health Services - Enumerates the health services for which the Secretary is authorized to expend funds for the improvement of the health of Indians. Prohibits the use of such funds to offset or limit appropriations made under other Acts. Conditions the allocation of such funds upon the health resource deficiency level of the affected Indian tribes. Permits the allocation of such funds on a service unit basis. Directs the Secretary to establish a review mechanism for tribal petitions regarding the health resource deficiency level of a tribe. Makes programs administered by tribal organizations under the Indian Self-Determination and Education Assistance Act eligible for specified funds on an equal basis with programs administered directly by the Indian Health Service. Provides that any portion of funds from the Indian Health Care Improvement Fund that are used for contracts under the Indian Self-Determination and Education Assistance Act may be used for health planning, training, technical assistance, and other administrative support functions. Requires at least one percent of the Fund's appropriation to be expended for research. Requires the Secretary to submit to the Congress a current health services priority system report, including the methodology for determining tribal health resources deficiencies, and the funds needed to raise all tribes to a zero level deficiency. Requires the Secretary to annually provide an update of tribal specific health plans. Directs the President to include with the submission of the budget a separate statement which specifies the amounts obligated to implement enumerated health services. Authorizes appropriations for FY 1988 through 1991 for specified health services. Designates such appropriations the Indian Health Care Improvement Fund. Establishes an Indian Catastrophic Health Emergency Fund to meet the extraordinary medical costs for victims of disasters or catastrophic illness. Authorizes appropriations. Prohibits the use of such funds to offset or limit appropriations made under other Acts. Requires the Secretary to provide health promotion and disease prevention services to Indians. Requires the Secretary to include in each health services priority system report an evaluation of the health promotion and disease prevention needs of Indians and the resources that are currently available to meet such needs. Requires each Indian tribe to include within any tribal specific health plan that such tribe is required to submit to the Secretary a comprehensive plan developed by such tribe for health promotion and disease prevention among its members. Requires the Secretary to develop from such plans a comprehensive plan for the provision by the Service of health promotion and disease prevention services to Indians and a schedule for the provision of such services. Requires the Secretary to establish at least one demonstration project (but no more than four) to determine the most effective and cost-efficient means of providing health promotion and disease prevention services and training to Indians. Authorizes the Secretary to enter into contracts with, or make grants to, schools of medicine or osteopathy to carry out such demonstration projects. Terminates such projects 30 months after enactment of this Act. Authorizes appropriations. Directs the Secretary to establish in the State of Hawaii, as a demonstration project, a Native Hawaiian Program for Health Promotion and Disease Prevention to meet the unique health care needs of Native Hawaiians. Authorizes the Secretary to enter into contracts with Native Hawaiian organizations to assist the Secretary in providing health care services under the Native Hawaiian demonstration project. Requires the Secretary to enter into a contract with a Native Hawaiian organization to: (1) conduct a study to determine the incidence of diabetes among Native Hawaiians and ways to reduce its incidence; and (2) prepare an inventory of health care programs within Hawaii that are available for the treatment, prevention, or control of diabetes among Native Hawaiians. Requires such organization to prepare and transmit a report to the Secretary. Requires the Secretary to submit such report to the Congress. Directs the Secretary to enter into a contract with a Native Hawaiian organization to: (1) establish a diabetes control program; (2) promote coordination between all health care providers in the delivery of diabetes related services to Native Hawaiians; (3) establish a model diabetes program to serve Native Hawaiians in Hawaii; (4) develop an outreach program to assure the diagnosis, prevention, and treatment of diabetes among Native Hawaiians; (5) develop a standardized system to collect, analyze, and report diabetes data among Native Hawaiians; and (6) conduct diabetes research and coordinate such research with State agencies and the Department of Health and Human Services. Directs the Secretary to submit certain reports to the Congress. Requires the Secretary to: (1) include in contracts with Native Hawaiian organizations such conditions to ensure that the objectives of such contracts are achieved; (2) develop procedures to evaluate compliance with, and performance of, contracts entered into by Native Hawaiian organizations; and (3) conduct an annual onsite evaluation of each Native Hawaiian organization. Sets forth specified actions the Secretary may take if a Native Hawaiian organization does not comply with the conditions of a contract. Permits the Secretary, at the request or consent of a Native Hawaiian organization, to amend contracts entered into with such organizations. Requires each Native Hawaiian organization to submit to the Secretary a quarterly report of its activities. Authorizes appropriations for FY 1989 through 1992. Provides that the United States shall have the right to recover reasonable expenses incurred by the Secretary in the provision of health services, through the Service, to individuals. Requires all funds reimbursed to the United States by reason of the provision of such services to be credited to the account of the Service in the Treasury. Title III: Health Facilities - Requires the Secretary to consult with any Indian tribe that might be affected by an expenditure for health facilities before the Secretary makes a commitment for such an expenditure. Conditions the closure of any health care facility upon the Secretary's submission to the Congress of an impact assessment one year prior to the contemplated closing. Directs the President to include with the budgets submitted for FY 1989 through 1991 program information documents for the construction of ten Indian health facilities. Requires the Secretary to submit to the Congress a report relating to the current health facility priority system. Authorizes the Secretary to provide financial and technical assistance for the operation and maintenance of sanitation facilities, utility organizations, and emergency repairs of sanitation facilities. Authorizes the Secretary of Housing and Urban Development to transfer funds from the Housing and Community Development Act of 1974 to the Secretary for the provision of sanitation facilities and services to Indians. Directs the Secretary to implement a ten-year plan to provide safe water and sanitary sewage and solid waste disposal facilities to Indian homes and communities. Requires the Secretary to submit to the Congress a report with respect to current Indian sanitation. Authorizes appropriations for FY 1989 through 1991. Permits tribes, subject to acceptance by the Secretary, to expend certain non-Indian Health Service funds for the renovation of Indian Health Service facilities, subject to specified conditions. Authorizes the Secretary to exchange certain real property with the Bethel Native Corporation (Alaska). Title IV: Access to Health Services - Extends the authorization for specified appropriations for grants and contracts with tribal organizations from FY 1989 through 1991. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to make certain providers of the Indian Health Service eligible for Medicare and Medicaid payments. Directs the Secretary to ensure that each service unit of the Indian Health Service receives at least half of the amounts to which its facilities are entitled if such amounts are necessary to bring the facilities into compliance with this Act. Directs the Secretary to establish a demonstration project in which certain Indian (and Alaska Native) health organizations which provide health care services shall bill for Medicare and Medicaid payments directly. Requires the Secretary to monitor such organizations and to require quarterly reports on their operations. Sets forth eligibility and participation guidelines for such health service facilities. Requires a final report to the Congress by the end of FY 1994. Title V: Urban Indian Health Services - Directs the Secretary to contract with urban Indian organizations to administer health services programs in urban areas. Sets forth specified requirements to be included in such contracts. Lists criteria for the selection of such organizations. Authorizes the Secretary to enter into contracts with urban Indian organizations to determine the health status and unmet health care needs of urban Indians in affected urban areas. Delineates the requirements of such contracts. Requires the Secretary to: (1) develop evaluation procedures for the performance of the contracts entered into under this title; and (2) conduct annual onsite evaluations of each contracting urban Indian organization. Prescribes guidelines for the renewal of health care or referral services contracts. Prohibits renewal of contracts for determination of unmet health needs if such an organization's performance has been noncompliant or otherwise unsatisfactory and problems cannot be resolved. Sets forth other specified contract requirements. Requires urban Indian organizations to submit a quarterly report to the Secretary. Redefines "urban Indian organization" to mean a nonprofit corporate body situated in an urban center and governed by an urban Indian controlled board of directors. Title VI: Organizational Improvements - Requires the Secretary to: (1) establish an automated management information system for the Indian Health Service; and (2) provide Indian tribes and tribal organizations that provide health services under contracts with the Service with such systems. Directs the Secretary to reimburse each tribe and tribal organization for the cost of the operation of such system that is used for the treatment of Service patients. Requires the Secretary to provide such systems. Title VII: Miscellaneous - Authorizes the Secretary to enter into legal agreements with Indian tribes or tribal organizations in order to provide compensation for facility space costs associated with the administration and delivery of health services by the Indian Health Service tribally operated programs. Directs the Secretary of the Interior and the Secretary to enter into an agreement to coordinate the efforts of the Department of the Interior and the Department of Health and Human Services in health promotion, disease prevention, and health education among Indian youth. Extends to FY 1990 the time during which Arizona is designated as a contract health service delivery area. Extends eligibility for health services to specified Indians in the State of California through FY 1988. Establishes eligibility guidelines for such medical benefits. Designates the State of California as a contract health service delivery area. Lists programs eligible for Service funds. Restricts circumstances under which the Secretary may remove a member of the National Health Service Corps who is performing obligated service in a health facility operated by or under the Service. Authorizes the Secretary under certain circumstances to provide medical care or benefits by the Service to otherwise ineligible persons. Sets a deadline by which the Secretary must develop and implement a plan to reduce Indian infant, maternal, and fetal alcohol syndrome mortality rates to a certain level or that of the general population. Directs the Secretary to provide contract health services to the Turtle Mountain Band of Chippewa Indians who reside in the Trenton Service Area of specified counties in the States of North Dakota and Montana. Requires the Secretary to examine the feasibility of the sharing of medical facilities and services between the Service and the Veterans Administration. Requires the Secretary to provide health care services for Indians in Montana. Title VIII: Diabetes Prevention and Control - Requires the Secretary to determine: (1) the incidence of diabetes among Indians; (2) activities the Indian Health Service should take to reduce such incidence, to provide guidance in the prevention, treatment, and control of diabetes, to provide early diagnosis, and to ensure proper health care to those Indians who are diagnosed as diabetic; and (3) the fiscal impact to the Federal Government of treating diabetes among such people. Requires the Secretary to prepare an inventory of all health care programs and resources within the United States that are available for the treatment, prevention, or control of diabetes among Indians. Requires the Secretary to transmit to the President and the Congress a report containing his determinations and research activities among Indians. Requires the Secretary to: (1) implement a program to strengthen and expand the diabetes program of the Indian Health Service; (2) screen recipients of diabetes services from the Service; (3) enable the Service to treat such disease effectively; and (4) conduct, for Federal, tribal, and other Indian health care providers, training programs with respect to the prevention and treatment of diabetes. Requires the Secretary to: (1) maintain specified model diabetes clinics; and (2) establish such clinics at additional specified locations. Requires the Secretary to develop specified programs with respect to data collection and analysis and research relating to diabetes among Native Americans. Authorizes appropriations. Title IX: Severability Provision - Provides that any invalidation of the provisions of this Act shall not affect the remaining provisions.
United States · United States Congress · 6 January 1987
Directs the Secretary of Energy, the Secretary of the Interior, through the United States Geological Survey, and the Director of the National Science Foundation to implement the policies of the proposed Continental Scientific Drilling Program of the United States relating to earth science research and technological development. Prescribes guidelines for such implementation, including: (1) taking action to assure an effective cooperative effort in furtherance of the Program; (2) taking administrative and financial measures to assure the effective functioning of the Interagency Accord on Continental Scientific Drilling; (3) assuring the continuing operation of the Interagency Coordinating Group; and (4) assuring that the Interagency Coordinating Group receives appropriate Federal agency cooperation. Requires a report to the Congress within 180 days of enactment describing: (1) policy objectives; (2) projected schedules of scientific and engineering events that would advance Program objectives; (3) resources and funding levels needed for projected schedules of events and Program policy objectives; and (4) cooperation with the international community.
United States · United States Congress · 6 January 1987
Title I: El Malpais National Monument - Establishes the El Malpais National Monument, New Mexico. Directs the Secretary of the Interior, through the Director of the National Park Service, to administer such Monument. Permits the continuation of existing grazing privileges through 1996. Title II: Masau Trail - Authorizes the Secretary to designate a vehicular tour route along existing public roads linking prehistoric and historic cultural sites in western New Mexico, to be known as the Masau Trail. Permits the erection of informational devices. Title III: Grants National Conservation Area - Establishes the Grants National Conservation Area, to be administered by the Secretary, acting through the Director of the Bureau of Land Management, as part of the Albuquerque District. Permits hunting and trapping except in designated zones. Prohibits the commercial collection of wood. Title IV: Wilderness Designation - Designates specified lands in the Grants National Conservation Area as a component of the National Wilderness Preservation System. Permits the grazing of livestock as specified. Title V: General Provisions - Directs the Secretary to develop and report within two years to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and National Resources on separate general management plans for the Monument and the Conservation Area. Requires such plans to include interpretation and education programs, public facility proposals, and natural and cultural resources management. Requires such plans to evaluate specified lands for their suitability for preservation as wilderness. Authorizes the Secretary to acquire lands within the Monument or Conservation Area by donation, exchange, or purchase. Requires the Secretary to notify the New Mexico Commissioner of Public Lands of State lands or interests within the Monument or Conservation Area and of the opportunity to exchange such lands for Federal public lands. Sets forth procedures for such exchange. Withdraws all Federal lands within the Monument and Conservation Area from entry under the public land, mining, or mineral and geothermal leasing laws. Requires that such Monument and Conservation Area be open to Indians for traditional cultural and religious purposes. Authorizes the Secretary to enter into cooperative agreements for the interpretation of the prehistoric and historic civilizations in western New Mexico. Title VI: Appropriation Authorization - Authorizes appropriations.
United States · United States Congress · 6 January 1987
New GI Bill Continuation Act - Extends indefinitely (currently ends on June 30, 1988) the required date of entry into the armed forces for eligibility for basic educational assistance entitlement for veterans (both of active and Selected Reserve duty) of the All-Volunteer Force.
United States · United States Congress · 6 January 1987
Natural Gas Utilization Act of 1987 - Amends the Powerplant and Industrial Fuel Use Act of 1978 to repeal: (1) prohibitions on the use of natural gas and petroleum as a primary energy source in new electric powerplants and new major fuel-burning installations; (2) the prohibition on the construction of new powerplants without alternate fuel capability; (3) the authority of the Secretary of Energy to prohibit the use of natural gas in certain boilers; (4) the prohibition on the use of natural gas for decorative outdoor lighting; and (5) the authority of the Secretary to restrict increased uses of petroleum by existing powerplants. Makes conforming amendments. Repeals the incremental pricing provisions of the Natural Gas Policy Act of 1978.
United States · United States Congress · 6 January 1987
National Appliance Energy Conservation Act of 1987 - 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) humidifiers; and (2) dehumidifiers. Excludes from such coverage consumer products designed solely for use in recreational vehicles and other mobile equipment. Authorizes the Secretary of Energy 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 the Secretary to comply with the nondiscretionary duty provided for in this Act.
United States · United States Congress · 6 January 1987
Water Quality Act of 1987 - Title I: Amendments to Title I - Amends the Federal Water Pollution Control Act (the Clean Water Act) to authorize appropriations for FY 1983 through 1990 for: (1) specified research, investigation, and training programs in water pollution control; (2) State and interstate pollution control programs; (3) undergraduate programs in water quality control; (4) grants for developing waste treatment management plans for areas with substantial water quality control problems; (5) water pollution control programs in agricultural areas; (6) agreements among Government agencies providing for maximum use of existing programs for water quality control; (7) grants to States for lake pollution control; and (8) carrying out the Clean Water Act generally. Directs the Administrator of the Environmental Protection Agency to award an annual grant to support a National Clearinghouse on small flows (of sewage) and innovative or alternative technologies information. Directs the Administrator of the Environmental Protection Agency (EPA) to continue the Chesapeake Bay Program and establish such an Office within EPA to: (1) collect and disseminate research and other information on the environmental quality of the Bay; (2) coordinate Federal research efforts; (3) conduct research on sediment deposition in the Bay; and (4) conduct research on how environmental changes effect the living resources of the Bay, with particular emphasis on the impact of pollutant loading. Directs the Administrator to make a grant to a State affected by the interstate management plan developed under the Bay Program to implement management mechanisms in the plan if the State has approved and is committed to implementing all or substantially all aspects of the plan. Requires a State or combination of the States, in order to qualify for such grants, to submit a plan of proposed abatement actions to reduce Bay pollution and meet applicable water quality standards and of estimated costs for the approval of the Administrator. Limits such grants to 50 percent of the plan implementation costs. Limits administrative costs. Requires States to submit progress reports biennially to the Administrator for transmittal to the Congress. Authorizes appropriations for FY 1987 through 1990. Establishes the already existing Great Lakes National Program Office within EPA. Requires such Office to be located in a Great Lakes State. Requires such Office to carry out the responsibilities of the United States under the Great Lakes Water Quality Agreement of 1978, monitor the water quality of the Great Lakes, and serve as a liaison with the International Joint Commission Canadian members. Directs the Office to develop a five-year plan for reducing the amount of nutrients introduced into the Lakes and a five-year study and demonstration project program for the control and removal of toxic pollutants. Directs the Administrator to report annually to the Congress on Great Lakes water quality. Establishes, within the National Oceanic and Atmospheric Administration, the Great Lakes Research Office to develop, coordinate, and report on research on issues related to the Great Lakes resources. Require such Office to be located in a Great Lakes State. Requires the Program and Research Offices to prepare annually a joint research plan. Requires interagency cooperation and reporting with respect to such program. Authorizes appropriations for FY 1987 through 1991, earmarking funds for specified purposes. Directs the Administrator to research the harmful effects on the health and welfare of persons caused by pollutants in water, especially the bioaccumulation of these pollutants in aquatic species and any reduction in the value of aquatic industries. Title II: Construction Grants Amendments - Sets a time limit on resolving treatment works construction contract disputes. Limits the 75 percent Federal share of treatment works construction costs to grants made by a State before FY 1991. Makes the Wyoming Valley Sanitary Authority project eligible for grants of 75 percent of construction costs. Authorizes the Administrator to make a grant to fund all the costs of modifying or replacing bio disc equipment (rotating biological contractors) in any publicly owned treatment works if deficiencies are not attributable to negligence. Deems the activated bio-filter feature of the project for treatment works of Little Falls, Minnesota, an innovative wastewater process and technique entitled to an 85 percent grant. Permits the use of Farmers Home Administration funds for the nonfederal share of construction costs for publicly owned treatment works under this Act. Directs the Administrator to make preconstruction agreements with grant applicants for treatment work construction assistance to specify which costs are eligible for Federal payments. Sets forth contract terms and conditions concerning design approval and payments including interest payments. Qualifies for purposes of treatment works grants a system of user charges imposing lower charges for low-income residential users. Requires the Administrator to reallot to States treatment works construction grants for FY 1987 through 1990. Extends through FY 1990 the authorization of appropriations for minimum allotments to States and specified U.S. territories and possessions. Increases the allotment for specified U.S. territories and possessions. Extends through FY 1994 the reservation of certain amounts from State allotments for State administrative expenses. Extends through FY 1990 the use of funds to control pollutants from storm sewers. Increases the mandatory set-aside for rural States and other States to up to seven and one-half percent. Extends through FY 1990 specified provisions relating to minimum expenditures for increasing the Federal share of grants for construction of treatment works utilizing innovative processes and techniques. Requires a State to allocate at least 40 percent of its water quality management planning grant to regional and interstate public comprehensive organizations if it would significantly assist in encouraging such organizations' participation in developing wastewater treatment programs. Increases the amount of additional funds which the Administrator shall have available for addressing water quality problems of marine bays and estuaries subject to lower levels of water quality due to the impact of discharges from combined storm water and sanitary sewer overflows. Authorizes appropriations for FY 1986 through 1990 for the construction grant program. Adds a new title VI: Grants for Water Pollution Control Revolving Funds to the Clean Water Act. Authorizes appropriations for FY 1989 through 1994 for capitalization grants to States which establish Water Pollution Control Revolving Funds which would gradually take over the Federal program. Requires a participating State to: (1) enter into agreements with the Administrator; (2) establish the required Fund; (3) deposit in its Fund from State monies an amount equal to 20 percent of the capitalization grant; (4) make loan commitments for publicly owned waste treatment plants within one year which commit all of the Fund; (5) submit required annual and intended use reports; and (6) comply with generally accepted procedures and standards. Sets forth permitted uses of the Fund. Authorizes the Administrator to reallot a noncomplying State's capitalization grant. Sets forth required accounting procedures. Directs the Administrator to review annually each State plan and report for using the Fund. Authorizes a State to use Federal grant funds to set up a Water Pollution Control Revolving Fund upon request. Directs the Administrator to report to the Congress by February 10, 1990, on the operation of the State Funds. Directs the Administrator to make grants for treatment works improvement programs for: (1) Avalon, California; (2) Walker and Smithfield Townships, Pennsylvania; (3) Taylor Mill, Kentucky; and (4) Watsonville, California. Directs the Administrator to make a grant to the State of California for the construction of a collection system for specified areas of Nevada County. Directs the Administrator to make grants to the Wanaque Valley Regional Sewage Authority, New Jersey, for the construction of treatment works of a specified capacity. Limits the Federal share to 75 percent of construction costs. Directs the Administrator to make grants to Lena, Illinois, for the construction of a replacement moving bed filter press for the treatment works. Limits the Federal share to 75 percent of construction costs. Requires Pennsylvania to give Federal funding priority to the Wyoming Valley Sanitary Authority secondary treatment project and to a project for wastewater treatment for Altoona, Pennsylvania. Authorizes the Chicago tunnel and reservoir project to receive grants without regard to allocation limitation if the Administrator determines that such project is cost-effective without redesign or reconstruction and the Governor of Illinois demonstrates the water quality benefits accruing from such project. Permits the towns of Hampton and Nashua, New Hampshire, to continue using an ad valorem tax user charge system for collecting the costs of operation and maintenance of sewage treatment works in satisfaction of specified requirements for grants for treatment works. Requires the Administrator to review such system for compliance with other requirements. Title III: Standards and Enforcements - Extends the compliance date for specified priority toxic pollutants, all other toxic pollutants, and the application of best practicable technology for all other pollutants to no later than three years after effluent limitations are established or by March 31, 1989, whichever is earlier. Directs the Administrator of EPA to promulgate final regulations by the end of 1986 establishing effluent limitations for direct dischargers and limitations requiring pretreatment for all the priority toxic pollutants which are discharged from certain categories of point sources in accordance with a specified schedule. Permits the Administrator to modify the effluent limitations for nonconventional pollutants such as ammonia, chlorine, color, iron, and total phenols. Permits the Administrator to add or delete from the list of pollutants for which such modification is permitted as indicated by current evidence or the lack of it. Requires that such modifications not interfere, alone or in combination, with the prescribed water quality standard. Requires as new conditions for the modification of treatment requirements with respect to the discharges of pollutants from a publicly owned treatment works that an applicant for such modification demonstrate that: (1) in the case of a treatment works serving a population of 50,000 or more, there is in effect a specified pretreatment program for toxic pollutants introduced into such works for which there is no pretreatment requirement in effect; and (2) the effluent which is discharged from such works is receiving primary treatment and meets the criteria for water established by the Administrator. Prohibits the discharge of a pollutant into saline estuarine waters that do not support fish and wildlife or whose quality is below applicable standards. Prohibits dumping in the New York Bight Apex. Extends the filing deadline for treatment works modification. Extends the innovative technology compliance deadlines for direct dischargers. Permits variances from an otherwise applicable effluent limitation or pretreatment standard if an applicant can demonstrate during the rulemaking (or did not have an opportunity to demonstrate) that factors relating the facilities, equipment, and processes of such person are fundamentally different from the factors considered in the rulemaking. Requires the Administrator to assess and collect fees for variance applications. Requires the Administrator to report biannually to the appropriate congressional committees on the status of variance applications. Permits the modifications of ph levels and the amount of iron and manganese in discharges from remined areas of coal remining operations if such operations provide potential for water quality improvement and use the best available technology (BAT). Requires States within two years to identify bodies of water within or adjacent to them which will not meet State water quality standards because of toxic pollutants after the implementation of BAT. Requires each State to develop an individual control for each such body to achieve the applicable standard within three years. Requires that Administrator, within nine months of this Act's enactment, to develop guidelines for such identification and for measuring water quality criteria for toxic pollutants on other than pollutant-by-pollutant criteria, using biomonitoring and assessment techniques. Directs the States to establish numerical criteria, based on EPA's national water quality criteria, for toxic pollutants which could otherwise interfere with designated water uses. Permits such criteria to include the use of biological monitoring or assessment methods. Permits the Administrator, with State concurrence, to modify effluent limitations: (1) if a non-toxic polluter demonstrates that complete compliance does not satisfy a reasonable cost-benefit analysis; or (2) for five years if a toxic polluter demonstrates that a modified maximum limitation within the polluter's economic means will result in reasonable progress to post-BAT water quality standards. Directs the Administrator, within one year of this Act's enactment and then biennially, to publish guidelines for effluent limitations for toxic pollutants for industrial categories currently without such guidelines and to establish a schedule for the review, revision, and promulgation of other effluent guidelines. Directs the Administrator to study and report to the Congress on water quality improvements achieved through the application of BAT economically achievable. Authorizes a two-year extension for a treatment works to comply with a categorical pretreatment standard if it uses an innovative treatment system which has potential for industry-wide application and the treatment works can still comply with the terms of its permit. Establishes criminal penalties for the knowing disclosure of confidential information gained by authorized personnel in the course of inspection of treatment facilities. Permits a State to adopt more stringent standards for marine sanitation devices on a houseboat than those required under Federal law. Increases criminal and civil penalties. Adds administrative civil penalties for specified violations. Establishes criminal penalties for the knowing endangerment of a person through violations of specified provisions. Requires the Secretary of the Army and the Administrator to each report to the Congress by December 1, 1988, on the enforcement mechanisms available and on improving enforcement. Directs each State to report biennially to the Administrator on the water quality of the publicly owned lakes. Requires the Administrator to then report such information to the appropriate congressional committees, including an evaluation of methods and procedures used. Authorizes the Administrator to conduct lake water quality demonstration programs at: (1) Lake Houston, Texas; (2) Beaver Lake, Arkansas; (3) Greenwood Lake and Belcher Creek, New Jersey; (4) Deal Lake, New Jersey, (5) Alcyon Lake, New Jersey; (6) Gorton's Pond, Rhode Island; (7) Lake Washington, Rhode Island; (8) Lake Bomoseen, Vermont; (9) Sauk Lake, Minnesota; and (10) Lake Worth, Texas. Directs the Administrator to publish within one year of enactment and update biennially a lake restoration guidance manual. Directs the Governor of each State to submit to the Administrator for approval a report: (1) identifying navigable waters not meeting applicable water quality standards because of pollution from nonpoint sources (e.g., rainfall runoff as opposed to identifiable pipes); (2) identifying categories of significantly polluting nonpoint sources; (3) identifying State and local programs for controlling such pollution and improving the water quality of the navigable waters; and (4) describing administrative measures to be taken. Requires each Governor to develop Administrator-approved nonpoint source pollution management programs identifying: (1) the best management practices to institute; (2) an implementation schedule; (3) any additional State authorities necessary for the program including an implementation schedule for acquiring such authorities; (4) available financial assistances; and (5) the effect of existing Federal programs on such program. Provides for resubmission of rejected programs which are subsequently modified. Directs the Administrator to develop a program for any State which fails to do so and report on such actions to the Congress. Authorizes the Administrator to provide technical assistance to a local agency to develop a four-year plan if a State fails to submit a satisfactory plan and the local agency is of sufficient geographical size. Treats such local agency as a State agency for implementation assistance purposes after such plan has been approved. Directs the Administrator to convene a management conference of the affected States when any State is unable to meet its applicable water quality standards because of pollution from nonpoint sources in another State. Requires the offending State to modify its management program to reflect an agreement reached in such conference. Directs the Administrator to provide grants to States to assist in the implementation of approved four-year plans. Limits the Federal share to a maximum of 60 percent of costs. Sets forth other terms and conditions for such grants, including reporting and administrative requirements. Limits each grant per State to a maximum of 15 percent of total authorizations. Authorizes the Administrator to give priority in making grants to States with management programs with particularly difficult nonpoint pollution problems, innovative technologies, or which address essential groundwater quality protection problems. Authorizes appropriations for FY 1988 through 1991. Directs the Administrator to transmit to the Office of Management and Budget and the appropriate Federal departments and agencies a list of those assistance programs and development projects identified by States for which individual assistance applications and projects will be reviewed. Requires each Federal department and agency to modify existing regulations to allow States to conduct such review and accommodate the concerns of the State regarding the consistency of such applications or projects with the State program. Directs the Administrator to collect and make available information pertaining to management practices and implementation methods. Directs the Administrator to report annually, and finally by January 1, 1990, to the Congress on the State management programs and the grants. Earmarks funds for such programs. Authorizes the Governor of any State to nominate to the Administrator an estuary within the State's jurisdiction which is of national significance and to request a management conference to develop a comprehensive management plan. Directs the Administrator to convene such conference if the need for it is sufficiently documented. Gives priority to: (1) Long Island Sound, New York and Connecticut; (2) Narragansett Bay, Rhode Island; (3) Buzzards Bay, Massachusetts; (4) Puget Sound; Washington; (5) New York-New Jersey Harbor, New York and New Jersey; (6) Delaware Bay, Delaware and New Jersey; (7) Albemarle Sound, North Carolina; (8) Sarasota Bay, Florida; (9) San Francisco Bay, California; and (10) Galveston Bay, Texas. Prohibits convening such a conference before a final adjudication has been made in any pending State boundary dispute involving such estuary. Requires a management conference to assess the relevant ecological data and develop a comprehensive conservation and management plan which recommends priority corrective actions and compliance schedules and coordinates intergovernmental efforts. Requires each conference to include the Administrator and affected governmental and private interests. Limits the terms of a conference to five years. Requires Administrator approval of any plan. Permits the use of construction grant or State revolving fund monies for implementation approval of any plan. Authorizes the Administrator to provide up to 75 percent of research and study costs through State grants. Requires such State to report to the Administrator biennially. Earmarks funds for the Administrator of the National Oceanic and Atmospheric Administration to coordinate and implement an assessment, research, and water quality sampling program for pollutants and ecosystems to determine when an estuarine management conference should be called. Requires the Administrators to report to the Congress biennially on estuarine health and research. Authorizes appropriations for FY 1987 through 1991. Prohibits the location or placing of a landfill, surface impoundment, waste pile, injection well, or land treatment facility, or the placement of solid waste in any of these if they are located over the Unconsolidated Quarternary Aquifer, or the recharge zone of such aquifer in the Rockaway River Basin, New Jersey. Title IV: Permits and Licenses - Exempts from permit requirements and effluent limitations certain stormwater runoff discharges from mining operations or oil or gas exploration, production, processing, or treatment operations. Requires exempted run-offs to be a product of precipitation flows or systems designed to collect or convey such water. Requires that such run-offs be uncontaminated (as determined by the Administrator). Prohibits the Administrator from requiring additional pretreatment by a discharger of conventional pollutants when its publicly owned treatment works is not meeting NPDES permit requirements because of inadequate design or operation. Authorizes a partial NPDES permit program covering a portion of the discharges into the navigable waters in such State if it covers administration of a major category of such discharges or a major component of the State's NPDES permit program. Provides that a State may return, or the Administrator may withdraw approval of, delegated NPDES permit program responsibilities. Sets forth anti-backsliding requirements relating to renewal or reissuance of NPDES permits. Permits limited exceptions. Requires the Administrator to report to the Congress within two years on the extent to which States have modified water quality standards or NPDES permits should be modifiable to permit less stringent effluent limitations. States that prior to FY 1993 no permit shall be required for discharges composed entirely of stormwater other than: (1) those associated with industrial activity or municipal separate storm sewers; or (2) those which are determined to be in violation of a water quality standard or contribute significantly to water pollution. Requires the Administrator to report to the Congress on the nature of most stormwater discharges and which classes of such discharges should have permits. Revises the sewage sludge disposal timetable. Directs the Administrator to identify in two stages those toxic pollutants which may be present in sewage sludge in concentrations which may adversely affect public health or the environment. Directs the Administrator to publish regulations specifying acceptable management practices and establishing numerical limitations for each such pollutant and requiring compliance within 12 months after publication. Authorizes the Administrator to promulgate a design, equipment, management practice, or operational standard for certain pollutants if a numerical limitation is not feasible and the same protection can be achieved. Requires NPDES permits to include requirements for the use and disposal of sludge, and provides for implementing such regulations. Authorizes the Administrator to issue a permit to implement such regulations to a facility not subject to NPDES. Authorizes the Administrator to initiate studies and projects to promote the safe and beneficial use of sewage sludge. Authorizes appropriations. Stays the decision of Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency concerning revised pretreatment requirements for certain publicly owned treatment works. Prohibits the authorization of removal credits until final regulations are issued. Permits the merger of permit requirements for log transfer facilities subject to both EPA's and the Army's jurisdiction so long as certain requirements are satisfied. Title V: Miscellaneous Provisions - Permits the Administrator to enter into noncompetitive procurement contracts with State audit organizations for audits of recipients of Federal assistance under this Act. Includes the Commonwealth of the Northern Mariana Islands within the definition of "State." Excludes agricultural stormwater discharges from the definition of "point source" pollution. Requires that the Attorney General and the Administrator receive notice of any citizen suits or proposed consent judgments. Revises venue provisions to permit an applicant for judicial review of certain Administrator actions to bring suit in the U.S. Court of Appeals for the Federal district in which such applicant has its principal place of business or where such applicant transacts the business which is directly affected by the action in question. Increases the appeal period. Provides a random selection procedure to determine the forum when reviews of a particular EPA action have been filed in more than one court. Empowers the court to award attorney's fees to a prevailing or substantially prevailing party. Directs the Administrator to assess the sewage treatment needs of Indian tribes, reporting to the Congress within one year. Authorizes the Administrator to reserve one-half of one percent of specified funds for Indian needs after FY 1986. Authorizes the Administrator to treat Indian tribes specially or as States as required to meet such tribes' sewage treatment needs. Defines "point source" to include a landfill leachate collection system. Amends the Marine Protection Research and Sanctuaries Act of 1972 to prohibit the issuance of any new permit to non-eligible authorities now presently permitted to use the New York Bight Apex to dump or transport municipal sludge. Prohibits anyone but an eligible authority from dumping or transporting municipal sludge within the 106-mile Ocean Waste Dump Site. Authorizes the Administrator to issue a research permit to the Orange County, California, Sanitation Districts for the discharge of preconditioned municipal sewage sludge into the ocean to analyze the effects of disposing of such sludge by way of pipelines. Limits such permit to five years. Limits the amount of sludge which may be discharged. Requires such districts to report to the Congress on the results of such program. Authorizes the Administrator to make grants to the State of California, for construction of a project consisting of publicly owned treatment works in San Diego to provide primary or advanced treatment of municipal sewage and industrial waste for the city of Tijuana, Mexico, and for San Diego. Requires the Administrator to make additional grants for defensive treatment works in case of breakdown. Authorizes the Administrator to permit ocean discharge of certain specially-treated pollutants. Imposes a cap on raw sewage discharges from the drainage areas of the North River Plant, Manhattan, New York, and the Red Hook Plant, Brooklyn, New York, into navigable waters (the Hudson-Raritan Estuary) if New York City fails to meet the deadlines for achieving advanced preliminary treatment contained in the consent decree of December 30, 1982 (August 1, 1986, for the North River plant; August 1, 1987, for the Red Hook Plant). Permits the Administrator to raise such cap for seasonal variation or natural disasters, or other circumstances beyond the control of the city of New York. States that violations of this Act shall be considered violations of the Clean Water Act, as well as of the consent decree. Expresses the sense of the Congress that the Administrator should not agree to any further modification of the advanced preliminary treatment schedule in the consent decree. Directs the Administrator to implement monitoring activities for both plans and commence enforcement actions in the event of unexcused violations. Directs the Administrator to pay, in the same proportion as the Federal share of other project costs, all expenses for the relocation of facilities for the distribution of natural gas with respect to the entire waste water treatment works known as Oakwood Beach and Red Hook projects, New York. Authorizes appropriations. Directs the Administrator to make grants of up to 75 percent of costs to the Massachusetts Water Resource Authority for the construction of necessary secondary waste water treatment works to improve the water quality of Boston Harbor and adjacent waters. Authorizes the Administrator to make a grant up to 85 percent of costs to the San Diego Water Reclamation Agency, California, to demonstrate innovations in wastewater reclamation. Authorizes appropriations. Authorizes the Administrator to make a grant of 75 percent of construction costs to the city of Des Moines, Iowa, for construction of the Central Sewage Treatment Plant. Authorizes appropriations. Directs the Administrator to study the feasibility and desirability of eliminating the regulation of de minimus discharges of pollutants into navigable waters. Directs the Administrator to report on such study to specified congressional committees within one year after enactment of this Act. Directs the Administrator to study the effectiveness of specified innovative and alternative wastewater treatment processes and techniques which have been used in treatment works constructed under the Clean Water Act. Directs the Administrator to report within one year on such study to specified congressional committees. Directs the Administrator to study the testing procedures for analysis of pollutants established under specified provisions of such Act. Directs the Administrator to report on such study to specified congressional committees within one year after the enactment of this Act. Directs the Administrator to study the pretreatment of toxic pollutants and report to the appropriate congressional committees within four years after enactment of this Act. Directs the Administrator to study methods for controlling point and nonpoint sources of pollution in specified groundwater systems and aquifers, including: (1) the Upper Santa Cruz Basin and the Avra-Altar Basin of Pima, Pinal, and Santa Cruz Counties, Arizona; (2) the Spokane-Rathdrum Valley Aquifer, Washington and Idaho; (3) the Nassau and Suffolk Counties Aquifer, New York; (4) the Whidbey Island Aquifer, Washington; (5) the Unconsolidated Quarternary Aquifer, Rockaway River area, New Jersey; and (6) groundwater in Litchfield, Hartford, Fairfield, Tolland, and New Haven Counties, Connecticut; and (7) the Sparta Aquifer, Arkansas. Directs the Administrator to report to the Congress within two years on the final status of such studies and plans. Authorizes appropriations. Authorizes the Secretary of the Army to undertake a study on consumptive uses of Great Lakes water, focussing on control measures which would reduce the quantity of water consumed without adversely affecting the projected growth of the region. Requires that such study include an analysis of both existing and new technology, including assessments of water quality assessment methodologies, the economic and environmental affects of manufacturing uses, and regulation of such uses. Authorizes appropriations. Directs the Administrator to study the problem of the corrosive effects of sulfides in collection and treatment systems, the extent to which the uniform imposition of categorical pretreatment standards will exacerbate this problem, and the range of available options to deal with the effects. Requires that such study be conducted in consultation with the Los Angeles City and County sanitation agencies which have observed examples of corrosion probably caused by sulfides. Directs the Administrator to report on such study to specified congressional committees within one year after enactment of this Act. Authorizes appropriations. Directs the Administrator to study and report to the Congress within one year on the problems of rainfall induced infiltration into wastewater treatment sewer systems. Directs the Administrator to report to the Congress on the effects of dams on water quality and the performance of State revolving loan funds. Directs the Administrator to conduct and report to the Congress on a comprehensive study of pollution in Lake Pend Oreille, Montana and Idaho, and the Clark Fork River, Idaho, Montana, and Washington.
United States · United States Congress · 6 January 1987
Amends the Internal Revenue Code to allow the use of the three-year basis recovery rule in computing the amount of an employee's retirement benefits includible in gross income.
United States · United States Congress · 17 October 1986
Honors the United Way on the occasion of its 100th anniversary. Encourages the United Way to continue its fine work and achieve its goal of doubling its resources by 1991.
United States · United States Congress · 16 October 1986
Title I: El Malpais National Monument - Establishes the El Malpais National Monument, New Mexico. Directs the Secretary of the Interior, through the Director of the National Park Service, to administer such Monument. Permits the continuation of existing grazing privileges through 1996. Title II: Masau Trail - Authorizes the Secretary to designate a vehicular tour route along existing public roads linking prehistoric and historic cultural sites in western New Mexico, to be known as the Masau Trail. Permits the erection of informational devices. Title III: Grants National Conservation Area - Establishes the Grants National Conservation Area, to be administered by the Secretary, acting through the Director of the Bureau of Land Management, as part of the Albuquerque District. Permits hunting and trapping except in designated zones. Prohibits the commercial collection of wood. Title IV: Wilderness Designation - Designates specified lands in the Grants National Conservation Area as a component of the National Wilderness Preservation System. Permits the grazing of livestock as specified. Title V: General Provisions - Directs the Secretary to develop and report within two years to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and National Resources on separate general management plans for the Monument and the Conservation Area. Requires such plans to include interpretation and education programs, public facility proposals, and natural and cultural resources management. Requires such plans to evaluate specified lands for their suitability for preservation as wilderness. Authorizes the Secretary to acquire lands within the Monument or Conservation Area by donation, exchange, or purchase. Requires the Secretary to notify the New Mexico Commissioner of Public Lands of State lands or interests within the Monument or Conservation Area and of the opportunity to exchange such lands for Federal public lands. Sets forth procedures for such exchange. Withdraws all Federal lands within the Monument and Conservation Area from entry under the public land, mining, or mineral and geothermal leasing laws. Requires that such Monument and Conservation Area be open to Indians for traditional cultural and religious purposes. Authorizes the Secretary to enter into cooperative agreements for the interpretation of the prehistoric and historic civilizations in western New Mexico. Title VI: Appropriations Authorization - Authorizes appropriations.
United States · United States Congress · 16 October 1986
Provides for a point of order against extraneous material when the Senate is considering a conference report on, or an amendment between the Houses in relation to, a reconciliation bill or resolution.
United States · United States Congress · 15 October 1986
Declares that the United States extends its sympathies to the people and Government of El Salvador with regard to the recent earthquake. Urges the President to provide appropriate relief to help prevent further loss of life in El Salvador. Declares that the United States is prepared to cooperate with El Salvador in long-term efforts to recover from the effects of the earthquake.
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.
United States · United States Congress · 30 September 1986
Atomic Veterans Relief Act of 1986 - Amends Federal law relating to veterans' wartime disability to provide disability compensation to veterans who participated in atomic tests or the occupation of Hiroshima or Nagasaki after World War II and who suffer from illnesses or diseases related to ionizing radiation, including leukemia and various forms of cancer. Makes identical changes under veterans' peacetime disability provisions. Authorizes the above-described veterans to bring suit against the United States for property damage, injury, or death related to the atomic weapons testing program. Outlines administrative provisions concerning such civil actions. Prohibits any plaintiff's attorney from receiving in excess of 25 percent of the judgment awarded as attorney's fees, providing civil and criminal penalties for the violation of such prohibition. Extends the statute of limitations for such actions to one year after the enactment of this Act. Empowers the appropriate district court with exclusive jurisdiction to hear such cases. Amends the Department of Defense Authorization Act, 1985 to bring into conformity with this Act a provision relating to contractor liability arising out of atomic weapons testing programs.
United States · United States Congress · 30 September 1986
Requires the Secretary of Commerce (the Secretary) to review all agreements entered into by any producer of potassium chloride in Canada under the Antidumping Act, 1921. Requires the Secretary to determine, within 120 days of enactment of this Act, whether any such producer has, at any time during the most recent 12 month period, sold potassium chloride at less than its foreign market value. Requires the Secretary to impose an antidumping duty on imports of potassium chloride from such producers if the Secretary determines that sales at less than foreign market value have taken place. Requires the Secretary to: (1) initiate antidumping investigations with respect to potassium chloride produced by other producers; and (2) provide notice of such investigations to the International Trade Commission. Provides for suspension or termination of such reviews, investigations, and orders.
United States · United States Congress · 24 September 1986
Indian Self-Determination Amendments of 1986 - Amends the Indian Self-Determination and Education Assistance Act of 1975 to make a tribal organization, in cases where the Indian Health Service has no direct care facilities and the Indian tribes are served by such tribal organization, eligible to receive a contract for the performance of services provided the tribal organization has the approval of each tribe it proposes to serve. Directs the Secretary of the Interior, upon the request of an Indian tribe, to enter into construction contracts with tribal organizations for the benefit of such tribes. Extends the Secretary's authority to enter into such contracts with such tribal organizations to administer education program functions even when such functions (including construction programs) are the subject of appropriations made to other agencies and regardless of the office within which they are performed in the Department of the Interior. Extends the Secretary of Health and Human Services' authority to enter into contracts with Indian tribal organizations to implement hospital and health facility functions even when such functions are the subject of appropriations made to other agencies or regardless of the office within which they are performed in the Department of Health and Human Services. Requires a tribal organization which has entered into such contracts with the Secretary of Health and Human Services to be treated as an agency within the Department of Health and Human Services for purposes of the Federal Tort Claims Act with respect to a tort arising out of the performance of such contracts. Extends the eligibility period with respect to the retention of specified Federal benefits by employees who leave Federal employment to be employed by a tribal organization. Provides, upon the request of a tribe, for the waiver of Federal contracting laws with respect to contracts entered into under this Act, unless declined under specified criteria. Allows the appropriate Secretary to transfer title to personal property found to be in excess of the needs of the Bureau of Indian Affairs or Indian Health Service to an Indian tribe that has received a contract or grant with respect to the provision of educational or health care facility programs. Sets forth specified requirements with respect to contracts entered into under this Act. Requires the appropriate Secretary, in order to meet tribal requests, to designate an official of the Bureau of Indian Affairs or the Indian Health Service to supervise the review of contracts by such agencies. Requires the appropriate Secretary to designate officials who are not employed by the Bureau or the Service to conduct hearings in contract declination appeals. Requires contracts entered into pursuant to this Act to be subject to the Contract Dispute Act of 1978. Sets forth specified provisions with respect to indirect costs on contracts negotiated between a tribe or tribal organization and a Federal agency. Provides that funds obligated under this Act but not expended may be expended during the next succeeding fiscal year. Requires, for purposes of applying the provisions of the Indian Self-Determination and Education Assistance Act with respect to Anchorage, Alaska, that regional associations established under the Alaska Native Claims Settlement Act and Cook Inlet regional corporation also established under such Act be treated as Indian tribes. Requires all contracts and grants made under the Indian Self-Determination and Education Assistance Act to regional corporations established for the Cook Inlet region to be limited to the performance of services for the benefit of "Native" shareholders of such corporations.
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.
United States · United States Congress · 20 September 1986
Amends the National Trails System Act to include the Santa Fe National Historic Trail running from a point near Old Franklin, Missouri, through Kansas, Oklahoma, and Colorado to Santa Fe, New Mexico. Authorizes appropriations.
United States · United States Congress · 19 September 1986
Superfund Amendments and Reauthorization Act of 1986 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate final reportable quantity regulations for specified hazardous substances by December 31, 1986, or by April 30, 1988. Permits the President to authorize a responsible party to carry out a response action and to conduct a remedial investigation or feasibility study (RI/FS) if certain conditions are met. Requires the President to give priority to releases which may present a public health threat. Requires removal actions to contribute to the efficient performance of any long-term remedial action with respect to the release concerned, to the extent practicable. Prohibits the President from providing removal or remedial actions for releases or threatened releases which are: (1) the product of naturally occurring processes; (2) are in a facility of which such substance forms a structural part; or (3) are due to a water system's expected deterioration. Permits the President to respond despite such prohibition if a public health or environmental emergency exists and no other authority can respond in a timely and competent fashion. Directs the President to notify Federal and State natural resource trustees of potential damage to their resources and to coordinate efforts. Increases the time and dollar limits on initial response actions to 12 months and $2,000,000. Limits the 50 percent or greater State cleanup obligation for the release of hazardous substances at State- or municipally-owned facilities to those facilities which are also operated by such State or municipality. Credits States with expenditures made at National Priorities List (NPL) sites on cost-eligible response actions. Revises other State cost-sharing measures. Provides for reimbursement to States for 90 percent of cleanup costs at State- or municipally-owned, but not operated facilities. Treats long-term cleanup of groundwater or surface water as part of the costs of remedial action for ten years. Authorizes the President to perform limited interim remedial actions where complete remedial action requires recontracting because of additional environmental information. Requires States to assure the availability of hazardous waste disposal facilities sufficient for the next 20 year's wastes. Permits the President to enter into cooperative agreements with State political subdivisions, or Indian tribes for hazardous waste cleanup on a multisite basis with reimbursement of costs associated with securing site responses from responsible parties. Grants EPA employees or contractors the necessary access to facilities and information to determine if the need for a response action exists. Permits the withholding of information on a very limited basis. Authorizes the President to acquire property if necessary for a remedial action. Requires the President to revise the National Contingency Plan within 18 months to reflect this Act's amendments. Requires the President to amend the Hazard Ranking System within 18 months to accurately assess the relative degree of risk to human health and environment posed by sites and facilities subject to review. Permits individuals to petition the President for a preliminary site hazard assessment. Includes contamination of the air and damage to the human food chain as criteria for ranking a hazard. Requires the Administrator to consider using qualified minority firms for contracts under this Act. Requires the President to consider adding to the NPL facilities where special study wastes are present in significant quantities, as specified. Authorizes reimbursement of potentially responsible parties for response costs, as specified. Includes all vessels releasing hazardous substances within the jurisdiction of the United States under the liability provisions of CERCLA. Makes certain health assessment costs recoverable from the responsible party. Exempts from liability for all but negligent actions government agencies responding to a hazardous substance emergency. Directs the President and each Governor to appoint Federal and State trustees, respectively, for natural resources, creating a rebuttable presumption that their assessment of damages to such resources is valid. States that cleanup costs incurred in a response action constitute a Federal lien against the property of a responsible party, except as specified. Sets forth evidentiary requirements for establishing financial responsibility. Permits direct action against a financial guarantor if the person liable is financially or physically unavailable for redress. Entitles such a guarantor to all rights and defenses available to the liable party. Limits the liability of such guarantor to its financial responsibility to the responsible party. Increases criminal penalties and adds certain civil penalties for violations of this Act, including failure to provide accurate information at specified times. Authorizes a reward for information leading to a criminal conviction under this Act. Directs the Administrators of the Agency for Toxic Substances and Disease Registry (ATSDR) and EPA to prepare and update a list of hazardous substances which present the most significant potential threat to human health because of their pervasiveness or toxicity. Requires the Administrator of ATSDR to also develop toxicological profiles for each substance, assessing the current state of knowledge of their deleterious effects, and revising such profiles at least every three years. Requires the Administrator to initiate research where inadequate information on a substance is available. Requires Federal coordination of research efforts. Expresses the sense of the Congress that such research costs be borne by the substance's manufacturer or processor. Requires the Administrator to promulgate regulations within one year to implement such payments. Requires the Administrator of ATSDR to perform a health assessment for each NPL facility. Permits the Administrator of ATSDR to conduct health assessments at other facilities as well. Authorizes individuals to petition the Administrator for a health assessment of a site where evidence of human exposure to hazardous substances exists. Requires the completion of health assessments before the completion of remedial investigation and feasibility studies (RI/FS) whenever possible. Grants priority to those sites where the potential risk to human health appears highest. Requires State or local officials conducting a health assessment to report the results and recommendations to the Administrators. Requires the Administrator of ATSDR to provide the affected State and the Administrator of EPA with the results and recommendations of any ATSDR assessment. Directs the Administrator of ATSDR to conduct a pilot study of health effects of exposure whenever justified by an assessment to determine if full scale epidemiological studies are appropriate. Requires the Administrator to establish a registry of exposted persons if appropriate. Directs the Administrator to initiate a health surveillance program for an exposed population if justified by an epidemiological study or exposure registry. Requires the Administrator to report biennially to the Administrator of EPA and the Congress on ATSDR's activities under this Act. Directs the President to abate significant risks to the human population through exposure by providing alternate household water or relocation of individuals, or through other means. Requires peer review of all ATSDR studies and research. Requires the Administrator of ATSDR to provide States and health professionals with educational materials on exposure-related issues. Authorizes appropriations of $8,500,000,000 for the Hazardous Substance Superfund (Superfund) for five years. Authorizes the use of such funds for the treatment of lead-contaminated soil and technical assistance grants to groups affected by releases from NPL facilities. Limits the payment of natural resource claims from Superfund to those who have exhausted all other remedies. Permits the payment out of Superfund of: (1) evaluation of health assessment petition costs; (2) oversight costs where a responsible party is conducting a RI/FS; (3) land acquisition costs where necessary for a response action; (4) research and development costs; (5) reimbursement of local governments; (6) worker training and education grants; (7) rewards; and (8) lead poisoning in children study costs. Prohibits the paying of natural resource claims in any year in which the President determines all of Superfund is needed for responses to threats to public health. Permits the use of Superfund to pay for alternate water supplies in cases involving federally-owned facilities where groundwater contamination exists beyond the Federal boundary and such facility is not the only potentially responsible party. Requires the Inspector General of each Federal agency carrying out Superfund authorities to conduct an annual audit of how such monies were obligated and report to the Congress the results of such audit. Earmarks funds for ASTDR. Limits funds to be spent on research. Requires the President to notify State and local officials when a site is placed on the NPL, thereby limiting the payment of claims. Authorizes appropriations of $212,500,000 for each of FY 1987 through 1991. Prohibits claims against Superfund while a claimant has a cost recovery action pending in the courts. Sets forth claims procedures. Establishes a six-year statute of limitations for cost recovery claims against Superfund with special rules for minors and incompetents. Establishes a three-year statute of limitations for recovery of natural resource damages. Prohibits double recovery. Provides for nationwide service of process under this Act. Permits actions for contribution within three years of a claim's payment. Permits a court to allocate response costs. States that a person who has resolved his or her liability with the United States or a State shall not be liable for claims for contribution. Establishes a three-year statute of limitations for actions for natural resource damages. Establishes a three-year statute of limitations for cost recovery for removal actions unless a waiver for continued response action has been issued when the statute of limitations would extend to six years. Establishes a remedial action statute of limitation of six years, except as specified. Prohibits actions for contribution, actions based upon subrogation of rights, after three years, or actions to recover indemnification payments. States that there is no preenforcement judicial review of selected response actions. Limits review of the adequacy of a federally-selected response action to the administrative record. Excludes from liability under Superfund (but not under the Solid Waste Disposal Act) any service station dealer who collects and appropriately manages for recycling oil unmixed with other hazardous substances which later is released. Directs the President, to the maximum extent practicable, to complete preliminary assessments of all facilities on the Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) by January 1, 1988, and for other designated facilities by January 1, 1989. Requires evaluations to be conducted within four years of enactment if warranted by the preliminary assessment. Requires the President to publish an explanation if such goals are not achieved. Establishes a schedule for the commencement of RI/FS over the five years after enactment, the first 275 required to be commenced within three years. Requires an opportunity for public participation before the adoption of a plan for remedial action. Requires explanations of deviations from such plan. Authorizes the President to provide grants for technical assistance to groups who may be affected by a release from an NPL facility. Requires the President to give priority where a release has contaminated a principal drinking water supply or closed a well. Requires the Administrator to make a grant to New Jersey for the removal and storage of radon-contaminated soil. Prohibts any person from locating a landfill or placing solid waste in a landfill over the Unconsolidated Quaternary Aquifer, New Jersey. Directs the Comptroller General to study the problem of shortages of skilled personnel in EPA to carry out response actions. Requires the Comptroller to report to the Congress by July 1, 1987. Limits the applicability of State and local requirements for a release or threatened release at the McColl Site, Fullerton, California. Directs the Administrator of ATSDR to report to the appropriate congressional committees on the nature and extent of lead poisoning in children from environmental sources. Exempts the owners/operators of the Milltown Dam, Montana, from otherwise applicable requirements for hazardous substances in the reservoir. Includes permanent relocation costs and other related costs within removal costs at Times Beach, Missouri sites, as specified. Permits the temporary waiver of specified permit requirements under the Solid Waste Disposal Act for mobile incinerator units in Illinois involved in remedial activity. Directs the Administrator to study the use of trucks used for the transportation of both hazardous and non-hazardous materials. Requires the Administrator to report to the Congress within one year on the location, levels, and mitigation of radon and radon daughters. Directs the Administrator to conduct and report annually to the Congress on a radon mitigation demonstration program. Directs the Administrator to establish a hazardous substance research, development, and demonstration center in Jefferson County, Texas, to conduct research for more effective hazardous substance response and waste management throughout the Gulf Coast. Authorizes appropriations. Expresses the sense of the Congress that the President may use alternative and innovative methods in selecting a response action for NPL facilities. Directs the Secretary of Energy to carry out a testing of technologies program at the Liquefied Gaseous Fuels Spill Test Facility for responses to liquefied gaseous and other hazardous substance spills. Requires the Secretary to carry out a technology transfer program under this program. Directs the Secretary to contract with a nonprofit organization in Albany County, Wyoming, for technical support. Directs the Administrator to establish a hazardous substance research, development, and demonstration center in the Pacific Northwest, utilizing nonprofit entities. Authorizes the Administrator and the Secretary to enter into interagency agreements to provide research into alternative and innovative technologies for assessing the hazardous waste contamination at the Hanford site, Washington. Removes the Silver Creek Tailing site, Utah, from the NPL unless certain findings are made. Exempts response-action contractors from liability for nonnegligent cleanup activities if they would not otherwise have been liable, including State employees who assist such contractors in their official capacity. Permits the President to indemnify response action contractors for negligence, as specified. Includes Federal facilities under CERCLA as if they were private facilities, except for certain financial responsibility and time period provisions. Applies the relevant State law when a Federal facility is not on the NPL. Requires the Administrator to establish a Federal Agency Hazardous Waste Compliance Docket for each Federal agency and department which will include information on off-site contamination and monitoring data, and releases of reportable quantities of hazardous substances. Requires that such information be made available to the public. Requires the Administrator to evaluate all Federal facilities on the Docket by January 17, 1988, for placement on the NPL, using NCP criteria. Requires the commencement of a RI/FS within six months of a Federal site's placement on the NPL. Directs the Administrator to review the RI/FS and enter into interagency agreements for cleanup when necessary, allowing for public participation. Requires each agency to report annually to the Congress on its implementation progress. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored. Authorizes State and local participation in the planning and selection of a remedial action. Sets forth special rules to protect national security at defense facilities needing cleanup. Excludes specified Federal facilities from these requirements. Requires the President to select remedial actions which comply with this Act, the NCP, are cost-effective, and protect human health and the environment. Requires such actions to permanently and significantly decrease the toxicity, mobility, or volume of the hazardous substance pollutant, or contaminant to the degreee practicable. Permits the selection of alternative remedial action. Requires the review every five years of sites where the remedial action left hazardous substances, pollutants and contaminants at such sites to determine if human health and the environment are being protected. Requires such sites to comply with other applicable Federal environmental laws such as the Clean Water Act as it concerns groundwater. Restricts the use of any alternate concentration level process in selecting remedial action. Sets forth the relationship between State and Federal environmental standards. Requires removal or remedial actions which transport material to another facility to transfer such material only to facilities in compliance with the Solid Waste Disposal Act and applicable State requirements. Authorizes the President to select a remedial action that does not meet the appropriate legal standard as specified. Requires the President to publish the findings and reasons that led to such a selection before the remedial action is taken. States that no permits are required for onsite remedial actions. Requires the President to promulgate regulations for significant State involvement in the initiation, development, and selection of remedial actions within such State. Requires the President to give a State 30 days notice if a "substandard" remedial action is selected. Permits a State to intervene through the courts to require the action to meet the applicable standard after an examiniation of the evidence. Authorizes the President to enter into agreements whereby the releasor or any potentially responsible party conducts the remedial response. Permits the Administrator to fund part of such response. Limits the liability of the cleaning up party to that specified in the agreement. Permits the President to take action against any person not a party to such agreement. Enters such agreements in the appropriate U.S. district court as consent agreements, enforceable as such. Directs the President to notify potentially responsible parties of each other's identities and of the seriousness of the necessary cleanup, providing a moratorium on the commencement of remedial action for a specified period after such notice has been given. Grants notified persons an opportunity to submit a proposal to the President for the undertaking or financing of remedial action. Provides for a nonbinding, preliminary allocation of responsibility. Permits the President to commence remedial action if no good faith proposal is forthcoming within a specified period. Authorizes the President to proceed on remedial action where a significant public health threat exists regardless of the status of negotiations. Authorizes the President to agree to refrain from pursuing any future liability of a person if an approved response action would be expedited and the person is in full compliance with the consent decree and other conditions are met, as specified. Permits the President to settle with persons whose share of response costs is not substantial. Authorizes Federal agencies to settle certain claims not yet referred to the Department of Justice. Permits the use of arbitration, as specified. Sets forth settlement procedures. Requires natural resource trustees' agreement to covenants not to sue for damage to such resources, permitting agreement if the potentially responsible party agrees to protect and restore such resources. Authorizes the President to reimburse local communities for temporary emergency response measures. Provides a conditional exemption from liability under this Act for persons who own or operate methane-recovery equipment. Requires the President to revise the Hazard Ranking System as it applies to facilities that contain substantial volumes of wastes that relate to the combustion of coal or other fossil fuels. Prohibits the addition of facilities to the NPL on the basis of the volume of such waste until such revision is completed. Requires the Secretary of Labor to promulgate worker protection standards for government and nongovernment employees engaged in hazardous waste operations. Establishes liability limits for ocean incineration vessels under CERCLA. Directs the President to require additional evidence of financial responsibility for such vessels. Title II: Miscellaneous Provisions - Suspends the transfer of liabilities to the Post-Closure Liability Trust Fund until the Comptroller General studies and the Congress enacts legislation concerning options for the management of liabilities after closure. Requires hazardous substances listed under this Act to also be regulated under the Hazardous Materials Transportation Act within 30 days of enactment. Provides a Federal commencement date for State statutes of limitations which are applicable to harm which results from exposure to a hazardous substance. Renames the Hazardous Substance Response Trust Fund the Hazardous Substances Superfund. Amends the Solid Waste Disposal Act to authorize the Administrator to provide for the cleanup of leaking underground storage tanks. Requires States to inventory all underground storage tanks containing regulated substances. Requires the Administrator to use funds in the Leaking Underground Storage Tank Trust Fund for such purposes, but holds the owners and operators of such tanks strictly liable for such costs, requiring them to maintain evidence of financial responsibility, except as specified. Authorizes State implementation of such authority under specified conditions, authorizing the Administrator to make grants to such States for such purpose. Directs the Comptroller General to study and report to the Congress on the availability of pollution liability insurance for owners and operators of such tanks. Authorizes citizen suits against violators of this Act, including the President and other government officials who fail to perform nondiscretionary duties. Permits citizen suits against nongovernment officials in the Federal district court in which the violation occurred. Permits citizen suits against any Federal official only in the U.S. District Court for the District of Columbia. Empowers such courts to impose civil penalties and to order the performance of required Acts. Requires plaintiffs to give notice to the President, the alleged violator, and the State in which the violation occurred before commencing proceedings. Prohibits any citizen suit where the President has commenced and is pursuing an enforcement action. Permits the awarding of court costs to the substantially prevailing party. States that the United States may intervene as a matter of right in all citizen suits in which it is not otherwise a party. Requires the President to provide the assurances that it will pay the share of the remedial action and maintenance costs of a cleanup on Indian lands that is otherwise required to be paid by a State. Authorizes Indian tribes to recover damages for injury to natural resources from hazardous substance releases, except as specified. Includes Indian tribes on the same basis as States under certain provisions of CERCLA. Prohibits the relocation of tribal members because of site contamination without the Tribe's approval. Directs the President to study and report to the Congress on the extent of hazardous waste sites on Indian lands. Establishes a statute of limitations for Indian claims for environmental damages to their lands. Directs the Comptroller General to appoint a study group to determine the insurability of the liability of persons who generate hazardous substances, own or operate facilities liable for costs under CERCLA, or are liable for harm to persons or property caused by the release of such substances into the environment. Requires the delivery of such report to the Congress within 12 months. Establishes a comprehensive and coordinated Federal program of research, development, demonstration, and training to develop alternative and innovative treatment technologies for response actions under Superfund. Establishes a basic university research and education program within the Department of Health and Human Services and a research, demonstration, and training program within EPA. Establishes an advisory council. Adds title IV - Pollution Insurance, to CERCLA. Authorizes the formation of risk retention groups, corporations, or insurance companies to assume and spread the pollution liability of its group members. Sets forth the relationship of such groups to State laws, insurance laws, and securities laws. Directs the Secretary of Defense to carry out a program of environmental restoration on land under the Secretary's jurisdiction through response and remedial actions covered by CERCLA. Requires the Secretary to carry out a research, development and demonstration program with respect to hazardous wastes, in cooperation with the Administrator and an advisory council. Establishes in the Department of Defense a Defense Environmental Restoration Account for environmental restoration purposes. Requires the Secretary to notify the Secretary of Health and Human Services (HHS) of the most commonly found unregulated hazardous substances at defense facilities. Requires the Secretary of HHS to prepare toxicological profiles on such substances. Requires the Secretary of Defense to keep EPA offices and State environmental authorities apprised of Department environmental activities. Requires the Secretary to report to the Congress annually on such activities. Permits otherwise unauthorized military construction projects if necessary for a response action. Requires the Administrator to submit an annual progress report to the Congress on implementing this Act. Authorizes the Administrator to make grants to New York State for the acquisition of property in the Love Canal Emergency Declaration Area. Requires the Administrator to enter into a cooperative agreement with New York for the maintenance of such properties. Requires the Administrator to conduct or have conducted a habitability and land-use study. Title III: Emergency Planning and Community Right to Know - Emergency Planning and Community Right-to-Know Act of 1986 - Subtitle A: Emergency Planning and Notification - Directs each Governor to appoint an emergency response commission to supervise and coordinate local emergency planning committees appointed by the State commission to develop, and when necessary, implement, an emergency response plan for hazardous substance emergencies arising out of activities carried on within such district. Requires the Administrator to publish a list of extremely hazardous substances and threshold planning quantities for each substance. Includes under these requirements facilities where such substances are present in such threshold quantities. Permits the inclusion of other facilities after public notice and comment. Requires covered facility owners or operators to notify the State commissions that this Act applies to them and to revise and update such notification as their inventories change. Requires the State to then notify the Administrator. Requires plans to designate an emergency coordinator and each covered facility to identify a facility representative who will participate as a facility emergency coordinator. Requires such plans to also address procedures, methods, routes of transportation, available equipment and resources, and other elements necessary for a coordinated, planned emergency response. Requires State approval of such plans. Sets forth notification procedures, depending upon the nature of the substance. Authorizes existing Federal emergency training programs to provide training programs for government personnel in hazard mitigation, emergency preparedness, and other aspects of emergency training with response to hazardous chemical emergencies specifically in mind. Authorizes appropriations to the Federal Emergency Management Agency for FY 1987 through 1990 for such purpose. Requires the Administrator to review emergency detection systems and report to the Congress with recommendations. Subtitle B: Reporting Requirements - Requires owners or operators required to prepare a material safety data sheet (MSDS) for a hazardous chemical under the Occupational Safety and Health Act of 1970 (OSHA) to provide one to the local and State emergency committees and commissions as well as the appropriate fire department. Sets forth the required contents of such sheet and the treatment of mixtures. Requires that MSDS be made available to the public. Requires such owners or operators to also prepare, submit, and annually update an emergency and hazardous chemical inventory form containing two tiers of information relating to: (1) average inventories of categories (tier I) of substances; and (2) information on the amounts and storage of individual chemicals (tier II). Requires that tier II information to be made available to the public. Requires that covered owners or operators grant on-site access to fire officials. Requires such owners or operators to annually complete a toxic chemical release form detailing the use, manufacture, presence, and disposal of listed toxic chemicals during that year. Exempts certain small manufacturers from that requirement. Permits the Administrator to revise the list of chemicals as appropriate to protect human health. Sets forth a petition procedure for the amendment of such list. Sets toxic chemical threshold amounts for reporting purposes, decreasing the triggering amount with each year from July of 1988 through July of 1990. Requires the Administrator to publish a uniform toxic chemical release form for covered facilities. Requires that such forms be available to the public. Authorizes the Administrator to modify reporting frequency, as specified, but requires that the Congress be notified before such a modification takes place. Requires the Administrator to establish and maintain a computer data base of a national toxic chemical inventory based upon the data submitted. Requires the Comptroller General to report to the Congress by June 30, 1991, on the implementation of these requirements by the Administrator and States, including an evaluation of information use. Directs the Administrator to have a mass balance study performed and report to the Congress within five years on the value of mass balance analysis in determining the accuracy of toxic chemical release information. Requires the Administrator to collect such data from States which utilize this methodology. Subtitle C: General Provisions - States that State and local law are not preempted, except as specified, including the MSDS requirements. Permits owners or operators to withhold certain trade secret information (the specific chemical identity) if they meet applicable evidentiary tests, but requires that such information as well as other information be made available to health professionals, as necessary. Requires that the public be informed of the availability of the plans, information sheets, and notifications required by this Act. Sets forth the civil, administrative, and criminal penalties imposed for violations of these requirements. Authorizes citizen suits, permitting the United States and a State to intervene as a matter of right. Exempts transportation of chemicals from these requirements. Authorizes appropriations. Title IV: Radon Gas and Indoor Air Quality Research - Radon Gas and Indoor Air Quality Research Act of 1986 - Directs the Administrator to establish a radon gas and indoor air quality research program to gather information, coordinate research efforts, and assess Federal mitigation actions. Requires the Administrator to establish an advisory committee and group. Directs the Administrator to submit to the Congress an implementation plan for such program and to report to the Congress within two years on such program. Authorizes appropriations for FY 1987 through 1989.
United States · United States Congress · 12 September 1986
Provides that this joint resolution shall be deemed to set forth the contents of the joint Office of Management and Budget-Congressional Budget Office sequestration report for FY 1987 transmitted to the Congress on August 20, 1986. Requires such report to serve as the sole basis for the sequestration order required to be issued by the President under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 8 September 1986
Declares that the Senate: (1) condemns the Soviet Union for the arrest and indictment of U.S. foreign correspondent Nicholas Daniloff and demands his immediate and unconditional release; (2) expresses its concern that the Soviet Union's failure to resolve this matter threatens to undermine U.S.-Soviet relations and jeopardizes the summit meeting between President Reagan and General Secretary Gorbachev; and (3) urges that all news gathering organizations that provide support to Soviet news organizations should consider appropriate actions to demand Daniloff's release.
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.
United States · United States Congress · 15 August 1986
Energy Security Act of 1986 - Amends the Internal Revenue Code to impose an import fee on: (1) the first sale within the United States of any crude oil or any refined petroleum product imported into the United States; and (2) the use within the United States of any crude oil or any refined petroleum product imported into the United States if no such tax has been imposed prior to such use. Exempts from such tax crude oil or refined petroleum products purchased for export. Sets the rate of such tax as the difference between $18 per barrel and the average world price of crude oil per barrel.
United States · United States Congress · 15 August 1986
Expresses the sense of the Senate that: (1) other industrial nations should take all actions necessary to increase the buying power of their people; and (2) all countries should work together for more fair and open trade.
United States · United States Congress · 6 August 1986
Expresses the sense of the Congress that the longstanding friendship between Mexico and the United States is best served by the commitment of those countries to condemning electoral fraud. Declares that the Congress: (1) stresses that President Reagan and President de la Madrid should discuss the progress of Mexico in opening up its one-party system to greater democratic freedoms, address the growing drug problem, and discuss the July election in Chihuahua; (2) urges the President of Mexico to achieve "morally renovated" elections in upcoming State and municipal elections; and (3) encourages President de la Madrid to nullify the fraudulent elections in Chihuahua and schedule new elections.
United States · United States Congress · 1 August 1986
Commemorates the return of Reverend Lawrence Martin Jenco from captivity in Lebanon. Urges the continuance of all efforts to gain the release of the other hostages.
United States · United States Congress · 31 July 1986
Sixth Omnibus Budget Reconciliation Act 1986 - Title I: Agricultural Securities - Directs the Secretary of Agriculture to sell notes and other obligations held in the Rural Development Insurance Fund in such amounts as to realize specified minimum net proceeds from sales during FY 1987 through 1989. Amends the Consolidated Farm and Rural Development Act to permit the sale of such notes on a nonrecourse basis. Relieves the Secretary and any subsequent purchaser of such notes of any responsibilities that might have been imposed had the borrower remained indebted to the Secretary. Makes institutions of the Farm Credit System eligible to purchase such notes and to service, collect, and dispose of them, subject only to such terms and conditions as may be agreed to by the Secretary and such purchasing institutions, with the approval of the Farm Credit Administration. Title II: Committee on Banking, Housing, and Urban Affairs - Directs the Secretary of Agriculture to ensure that rural housing loans are sold to the public in amounts sufficient to provide from the sales specified minimum proceeds and net reductions in outlays for FY 1988 through 1989. Directs the Secretary to establish specific guidelines for the sale of such loans. Requires the Secretary to submit periodic reports on such loan sales to the congressional banking committees. Requires the Comptroller General of the United States to audit and evaluate such sales activities and to report on each audit to the congressional banking committees. Amends the Export-Import Bank Act of 1945 to direct the Board of Directors of the Export-Import Bank of the United States to: (1) ensure and establish guidelines for the public sale of Bank loans sufficient to reduce FY 1987 outlays by a specified amount; (2) report to specified congressional committees on such activity every 60 days during FY 1987; and (3) file reports required by the Securities and Exchange Commission on such loan sales which shall be deemed to be sales of exempted securities under the Securities Exchange Act of 1933. Authorizes the Bank to issue an amount of capital stock equal to any resulting reduction in Bank capital and reserves. Requires the Secretary of the Treasury to purchase such stock. Directs the Comptroller General to audit such activities of the Board of Directors and report on the results of such audit to specified congressional committees. Title III : Directs the Secretary of the Department in which the Coast Guard is operating (the Secretary) to establish and implement a system for the collection, beginning January 1, 1987, of specified amounts in FY 1987 through 1989 of payments by users of Coast Guard services (other than emergency search and rescue). Directs the Secretary, also by January 1, 1987, to issue regulations to carry out this provision, including a schedule of user fees. Directs the Secretary to report to the Congress: (1) no later than December 1, 1986, regarding activities undertaken to establish and implement such system; and (2) no later than December 1, 1987, regarding the implementation and effects of such system. Amends Federal bankruptcy law to provide that an action brought against a debtor by either the Secretary of Transportation or the Secretary of Commerce under the Ship Mortgage Act, 1920 to foreclose a security interest held by either Secretary in a fishing vessel or facility shall operate as an automatic stay to any Federal bankruptcy proceeding against such debtor. Title IV: Committee on Energy and Natural Resources - Subtitle A: Department of Energy Programs - Amends the Emergency Petroleum Allocation Act of 1973 to bar the commencement of an enforcement action relating to overcharges resulting from crude oil pricing violations unless such action is filed before the later of January 1, 1987, or six years after the date of such violations. Bars an action for the enforcement of a final Federal agency action under the Economic Stabilization Act of 1970 unless a complaint is filed (or an application for modification is filed under the Federal Energy Administration Act of 1974) within one year after the order has been issued or one year after the final compliance date prescribed by the order, whichever is later. Confers jurisdiction upon Federal district courts over petitions for review of final agency actions brought under the Department of Energy Organization Act, if the petition is filed within 60 days of either the effective date of the agency action or the date of enactment of this Act, whichever occurs later. Prescribes the distribution procedure for restitutionary amounts held or received as a result of a settlement, order or judgment involving overcharges resulting from alleged crude oil pricing violations under the Emergency Petroleum Allocation Act of 1973 or the Economic Stabilization Act of 1970. Directs the Secretary of Energy to: (1) disburse specified restitutionary amounts during FYs 1987 through 1989 for State energy conservation programs; (2) distribute such amounts in such fiscal years in a manner that will provide funding in the same proportionate amount that was provided by the Congress for FY 1986; and (3) require that the States use the funds to supplement rather than supplant funds otherwise available for energy conservation activities. Amends the National Energy Conservation Policy Act to direct the Secretary to establish a life cycle cost methodology for Federal buildings using average fuel costs. Amends the Department of Energy Organization Act to direct the Administrator of the Energy Information Administration to conduct and publish on a triennial basis the results of a survey of energy consumption in the manufacturing industries in the United States. Amends the Energy Policy and Conservation Act to repeal provisions relating to industrial energy conservation. Directs the Secretary of Energy (acting through the Energy Information Administration) to conduct a study of domestic crude oil production and petroleum refining capacity and the effects of imports thereon in order to determine whether such production and capacity are adequate to protect the national security. Requires the Secretary to transmit such study to the President and the Congress within 60 days after enactment of this Act. Requires the President to advise the Congress within 45 days after receipt of such study on what actions will be required to prevent imports of crude oil and petroleum from exceeding import levels that threaten national security. Subtitle B: Federal Energy Regulatory Commission - Directs the Federal Energy Regulatory Commission to assess fees and annual charges in amounts sufficient to reimburse the United States for all costs incurred by the Commission. Subtitle C: Department of the Interior Program - Directs the Secretary of the Interior to appoint an interagency task force to develop a systematic and comprehensive environmental clean-up plan for the Great Swamp National Wildlife Refuge in New Jersey. Title V: Committee on Environment and Public Works - Authorizes the Administrator of the Environmental Protection Agency to assess and collect fees for services and activities implemented by the Agency for FY 1987 through 1989. Requires the Administrator to report to the Congress regarding such fees by September 30. 1987. Authorizes the Nuclear Regulatory Commission to assess and collect annual charges from its licensees on a fiscal year basis for costs incurred by the Commission with respect to such licensees in an amount limited to 38 percent of the funds appropriated to the Commission for each of FYs 1987 through 1989. Directs the Secretary of Commerce to sell defaulted notes held in the Economic Development Administration's Revolving Fund in such amounts as to realize minimum net proceeds of $50,000,000 from such sales during fiscal year 1987. Authorizes the Secretary to sell such notes on a nonrecourse basis. Authorizes appropriations for Federal-aid highways and highway safety construction programs for FY 1987 through 1989. Sets forth obligation limitations, with specified exceptions, for such fiscal years. Requires the Secretary to: (1) provide all States with sufficient authority to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction which have been apportioned or allocated to a State; (2) revise the distribution of authorized funds to those States able to obligate amounts (giving priority to those States having either large unobligated balances, or which have experienced substantial reductions in their apportionments and allocations); and (3) refrain from distributing amounts authorized for administrative expenses, Federal land highways, and the Strategic Highway Research Program. Title VI: Committee on Finance: Outlay Provisions - Subtitle A: Provisions Relating to the Medicare Program - Part I: Provisions Relating to Part A of Medicare - Amends title XVIII (Medicare) of the Social Security Act to raise the payment rates for inpatient hospital services by one and one-half percent for cost reporting periods in FY 1987. Requires that total out lier payments to sole community hospitals with an average occupancy of 50 beds or less and to small rural hospitals be no less than five percent nor more than six percent of the total payments expected to be made to such hospitals on the basis of prospective payment rates for discharges in that year. Alters the formula used to calculate the average standardized amounts for urban and rural hospitals under the prospective payment system (PPS) so that such amounts are based on the number of patients discharged rather than the number of hospitals. Provides that hospitals designated as rural referral centers as of the enactment of this Act shall retain that designation from FY 1987 until the close of FY 1989. Reduces payments for hospital capital costs of inpatient services by three percent in FY 1987, five percent in FY 1988, and six percent in FY 1989. Exempts sole community hospitals from such reductions. Sets the inpatient hospital deductible at $520 in 1987. Ties future increases in the deductible to the annual increase in the average cost of a Medicare hospital discharge instead of the cost of an average day of hospital care. Requires a hospital to give Medicare beneficiaries, upon their admission to the hospital, a written statement explaining: (1) the individual's rights to benefits for inpatient hospital and post-hospital Medicare services; (2) the circumstances under which such individual will be liable for charges for a continued hospital stay; (3) the individual's right to appeal denials of continued hospital services; and (4) the individual's liability for payment for services if such a denial of benefits is upheld on appeal. Directs the Secretary of Health and Human Services to conduct a demonstration project to determine whether the use of prior and concurrent authorization for skilled nursing facility and home health services, instead of current waiver of liability provisions, will protect beneficiaries from claim denial liabilities and delayed services. Requires the Secretary to report to the Congress on the results of the project by April 2, 1988. Part 2: Provisions Relating to Parts A and B of Medicare - Prohibits workers' compensation laws, insurance policies, or large group health plans (covering at least 20 employees) from taking an individual's status as a Medicare beneficiary into account in providing coverage. Prohibits group health plans from taking into account an individual's end stage renal disease benefits under Medicare. Makes Medicare the secondary payor for all Medicare beneficiaries covered by workers' compensation, insurance policies, and group health plans. Authorizes the Federal government to bring an action and collect double damages from primary payors. Amends the Internal Revenue Code to impose an excise tax equal to 25 percent of group health plan expenses if such a plan restricts its coverage of Medicare beneficiaries in violation of this Act. Amends title XIX (Medicaid) of the Act to reduce payments to a State contributing to group plans which provide such restrictive coverage. Specifies the benefits Medicare pays when other payors are primary but do not pay full charge. Requires Medicare intermediaries and carriers to process and pay at least 95 percent of all clean Medicare claims within 24 days of receiving such claims or, if shorter, within their average payment time for such claims during the first half of 1986. Assesses interest on claims paid beyond 24 days of their receipt. Eliminates periodic interim payments for PPS hospitals when prompt payments have been achieved for three consecutive months. Authorizes the reinstatement of interim payments when prompt payment is absent for three consecutive months. Sets limits on Medicare payments for home health services, but requires that such limits be applied on an aggregate rather than a discipline-specific basis for home health agencies. Requires providers of home health services to be paid if they did not and could not have been expected to know that payment would be denied on the basis that the individual was not homebound or did not require skilled nursing care on an intermittent basis. Requires the Secretary to publish final regulations specifying the criteria used in determining whether an individual is homebound or in need of such intermittent care. Permits beneficiary appeals of the Secretary's denials of claims for home health service benefits. Prohibits providers who represent beneficiaries in unsuccessful appeals of claim denials from charging beneficiaries for representation costs or treating such costs as reasonable costs covered by Medicare. Requires the Secretary to establish a program providing for research regarding outcomes of selected medical treatments and surgical procedures so as to assess their quality and effectiveness. Places a priority on the selection of procedures and treatments with significant costs, risks, hospitalization periods, and utilization patterns. Authorizes appropriations from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund for FY 1987 through 1989 to carry out such research. Requires that at least 90 percent of the funds available in any fiscal year be used to fund grants to, and cooperative agreements with, non-Federal research entities. Directs that the program be administered by the National Center for Health Services Research and Health Care Technology (Center). Requires the Center to report to the Congress, within 18 months of enactment of this Act and annually thereafter, on the findings of the project. Part 3: Provisions Relating to Part B of Medicare - Amends part B of the Medicare Program to set forth factors which must be considered by carriers in determining reasonable charges for physicians' services. Authorizes the Secretary, when faced with a charge the Secretary believes is not inherently reasonable, to propose a reasonable charge or methodology for arriving at such a charge and, after giving the public and the Physician Payment Review Commission an opportunity to comment on such proposal, make a final determination regarding the charge or methodology. Requires the Secretary to review, by October 1, 1987, the inherent reasonableness of the reasonable charges for each of the ten most costly procedures paid for under Part B of the Medicare program. Directs the Secretary to simplify the HCFA (Health Care Financing Administration) Common Procedure Coding System by July 1, 1987, to minimize the possibility that such system overstates the intensity or volume of services provided. Requires hospitals to adopt such system to code the part B services they perform. Requires the Secretary, in making recommendations regarding the relative value scale for physicians' services, to establish an index which considers justifiable geographic differences in the costs of practice without exacerbating the geographic maldistribution of physicians. Provides for the implementation of certain adjustments in the Medicare economic index for physicians' services. Requires the Secretary to: (1) implement changes in monthly capitation payments and the method of computing such payments for physicians' outpatient maintenance dialysis services; and (2) reduce the prospective payment rates for dialysis facilities and providers. Directs the Comptroller General to study the appropriateness of such payment rates and report to the Congress by September 30, 1987. Provides that the payment to hospitals for outpatient hospital services furnished in connection with surgery approved for performance in an ambulatory surgical center (ASC) shall equal the lesser of: (1) the reasonable costs for surgery minus 20 percent of the actual charge; or (2) the prospective rate for ASCs minus 20 percent of that rate. Requires the Secretary to annually review and revise ASC prospective rates as well as the surgical procedures approved for ASC performance and reimbursement. Requires peer review organizations to review the necessity and quality of ambulatory surgical procedures. Imposes the standard part B coinsurance and deductible for ambulatory surgery services. Directs the Secretary to: (1) develop packages of pre - and post - operative services for each surgical procedure performed in a hospital outpatient department; (2) develop a PPS methodology for all outpatient procedures; and (3) report to the Congress on these developments by 1991. Requires the Secretary to report to the Congress within two years of enactment of this Act regarding educational activities in hospital outpatient settings and the reimbursement of graduate medical education in such settings. Provides Medicare coverage for outpatient occupational therapy services in the same manner in which outpatient physical therapy services are covered. Part 4: Peer Review Organizations - Amends part B (Peer Review) of title XI of the Act to require peer review organizations receiving a hospital inpatient's request for review of a hospital's decision that the patient no longer needs inpatient care to inform the patient of its decision within two days of receiving the request. Prohibits hospitals from charging patients for inpatient hospital services provided while patients wait for a peer review organization to respond to their timely review requests. Requires fiscal intermediaries to submit data to peer review organizations on a monthly basis. Requires peer review organizations to review selected cases where individuals are readmitted to a hospital within 30 days of their most recent hospital discharge to determine if the previous inpatient hospital services and post-hospital services met professionally recognized health care standards. Directs each peer review organization to commit a reasonable proportion of its activities to review of the quality of services provided in cases and settings where potential quality problems have been identified. Requires the Secretary to identify methods facilitating the discovery of such cases. Requires peer review organizations to share data with organizations responsible for accrediting providers or State licensing authorities responsible for assuring quality care if such data reflects a substantial failure by providers or practitioners to provide quality care. Subtitle B: Provisions Relating to the Medicaid Program - Amends title XIX (Medicaid) of the Act to give States the option of extending coverage to women in need of pregnancy-related medical services and children up to age five 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. Leaves to each State's discretion the decision as to whether a resource standard shall be applied in determining the eligibility of such women and children. Prohibits States which provide coverage pursuant to this Act from reducing Aid to Families with Dependent Children (AFDC) payment levels after enactment of this Act. Gives States the option of extending Medicaid coverage to elderly and disabled individuals whose income is too high for them to qualify for Medicaid under current income tests, but does not exceed a State maximum income level to be established at or below the Federal poverty level. Requires States providing coverage under this Act to provide Medicaid coverage, to pregnant women and infants whose income does not exceed a State maximum income level which, while at or below the Federal poverty level, is not necessarily the same as the level established for newly eligible aged and disabled individuals. Authorizes the States to provide Medicaid coverage for Medicare premiums, deductibles, and coinsurance payments for which Medicare-eligible individuals whose income does not exceed the State maximum income level would otherwise be accountable. Requires States to cover home respiratory services for individuals who: (1) are medically dependent on a ventilator for life support for at least six hours a day; (2) have been so dependent for at least 30 consecutive days as inpatients; and (3) wish, and have adequate social support services to be cared for at home. Amends the Consolidated Budget Reconciliation Act of 1985 to hold a State harmless in FY 1987 against changes that Act effected in the annual calculation of the Federal medical assistance percentage under the Medicaid program if such changes would cause a reduction of Medicaid payments to the State in FY 1987. Directs the Secretary to enter into an agreement with New Jersey to conduct a Medicaid demonstration project which shall be administered by a State health agency and which provides respite care services, including: (1) short-term sitter, homemaker, and personal-care services, adult day care, inpatient care, and emergency respite; and (2) peer support and training for family caregivers. Provides such services to elderly and disabled Medicaid-eligible individuals and to other elderly and disabled individuals, for a reasonable fee, who would otherwise require institutional care. Provides that priority, among the latter group, shall be given to those who would be eligible for Medicaid benefits upon institutionalization. Provides that the State and Federal governments shall each cover one-half of project costs, but sets a fiscal year limit on Federal outlays. Limits the duration of the project to four years, plus an additional period of up to six months for final evaluation and reporting. Sets forth reporting requirements. Permits States to provide ambulatory prenatal care to women during a presumptive eligibility period not to exceed 45 days if: (1) the woman has begun maternity care with a qualified provider; (2) the provider determines that the woman's family income falls below the applicable Medicaid standard and notifies the State of the woman's eligibility within five working days; and (3) the woman applies for such benefits within 14 days of being presumed eligible. Subtitle C: Miscellaneous Provisions - Amends part D (Child Support) of title IV of the Act to prohibit the retroactive modification of child support arrearages except with respect to such arrearages which accumulate after the obligee and entity which issued the child support order receive notice that the obligor has pending an active application for modification of such order. Amends the Consolidated Budget Reconciliation Act of 1985 to hold a State harmless in FY 1987 against changes that Act effected in the annual calculation of the Federal medical assistance percentage under part A (Aid to Families with Dependent Children) of title IV of the Act if such changes would cause a reduction of AFDC payments to the State in FY 1987. Title VI-A: Committee on Finance Revenue Provisions - Amends the Internal Revenue Code to provide for Medicare coverage of, and the application of the hospital insurance tax to, all State and local government employees. Increases the excise tax on cigarettes from: (1) $8 to $12 per thousand for small cigarettes; and (2) $16.80 to $25.20 per thousand for large cigarettes. Imposes a floor stocks tax on cigarettes. Title VII: Governmental Affairs - Part A: Postal Service Matters - Amends Federal law to revise the method by which revenue forgone is computed for reduced-rate mail and mailers. Assumes that the combination of postage and appropriations to be received for each of the reduced-rate categories will bear the same ratio to the costs attributed to such respective categories as the revenues to be received from the most closely corresponding regular-rate category bear to the costs attributed to that regular-rate category. Part B: Federal Employees Retirement System - Amends the Federal Employees' Retirement System Act of 1986 to move up from June 30, 1987, to March 31, 1987, the date by which one must be a Federal Employee to be eligible to elect to be subject to such Act. Moves up from July 1, 1987, to April 1, 1987, the earliest date on which an eligible Federal employee may make such an election. Moves up from June 30, 1987, to March 31, 1987, the earliest date on which certain Federal employees serving continuously since December 31, 1983, may elect to become subject to such Act. Moves up from July 1, 1987 to April 1, 1987, the commencement date for the period during which a Federal employee or a Member of Congress may elect to participate in the Thrift Savings Plan. Permits the Executive Director of the Federal Retirement Thrift Investment Board to prescribe such election period. Part C: Program Civil Fraud - Program Civil Fraud Remedies Act of 1986 - Establishes penalties and assessments to be imposed against any person who knowingly makes a false claim or statement to: (1) an authority of the United States; (2) a recipient of property, services, or money from such authority; (3) a party to a contract with such authority; or (4) an authority which has the effect of decreasing an obligation to pay or account for property, services or money. Declares that such penalties and assessments are in addition to criminal and civil penalties and assessments provided by other laws. Directs the investigating official of a Federal authority to investigate allegations that a person made a false claim or statement and to report findings to the reviewing official designated for that authority. Directs the reviewing official to refer such allegations to a hearing examiner for that authority upon determining there is adequate evidence to believe that the person is liable for a penalty or assessment. Requires the reviewing official, prior to notifying the hearing examiner, to notify the Attorney General of any intention to refer such allegations to a hearing examiner. Allows the reviewing official to refer allegations of liability to a hearing examiner only if, within 90 days of receipt of notice, the Attorney General or designated Assistant Attorney General approves the referral. Prohibits the referral of allegations to a hearing examiner if the Attorney General transmits a statement to such effect. Authorizes the Attorney General, by written statement, to stay any hearing already in progress if such hearing adversely affects a pending or potential civil action related to a fraudulent claim. Prohibits the referral of allegations to a hearing examiner when a fraudulent claim exceeds $100,000. Specifies the authority of the investigating official and the official conducting the hearing, and the procedure for judicial review of the determination reached in the hearing. Authorizes the Attorney General to commence a civil action to recover a penalty or assessment determined by such a hearing. Authorizes the authority head to settle a final penalty or assessment determined by hearing. Grants the Attorney General exclusive authority to settle a claim subject to judicial review or collection procedures. Authorizes the deduction from any sum owed to a person by the United States, except Federal tax refunds, the amount of any penalty or assessment owed by that person to the United States. Specifies time limitations for commencing a hearing concerning a false statement or claim and for commencing an action to recover any penalty or assessment. Requires each authority head to report annually to the appropriate congressional committees on actions taken under this Act during the most recent 12-month period ending September 30. Prohibits the delegation to any other officer or employee of the Department of Justice of any function, duty, or responsibility specified to be carried out by the Attorney General or by an Associate or Assistant Attorney General designated by the Attorney General. Title VIII: Committee on Labor and Human Resources - Education Budget Savings Act of 1986 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to require that all applicants undergo a financial needs test to receive a Guaranteed Student Loan (GSL). (Current law makes a student from a family with an annual income under $30,000 automatically eligible for a GSL loan.) Repeals the current GSL expected family contribution schedule under the Student Financial Technical Amendments of 1982. (Provides that the financial needs test for expected family contribution used for other Federal student aid programs be used for GSL determinations of need.) Permits student auxiliary loans or parent loans to be used to offset the expected family contribution for GSL loans. Increases the interest rate for GSL new borrowers after September 30, 1986, from eight percent to ten percent when the loan enters repayment. Lowers the rate of Federal reimbursement (or "reinsurance") of claims paid on defaulted loans to guarantee agencies from 100%-90%-80% to 100%-80%-70%. (Retains the 100% reimbursement in cases of a less than five percent default rate). Revises the formula for determining special allowances paid to banks for participation in the GSL program so as to decrease such allowances from three and one-half to three percent of specified amounts. Revises the definition of independent student to require unmarried students under age 23 without dependents to prove two prior years of financial independence from their parents. Directs the Secretary of Education during FY 1987 to recover, and deposit in the treasury, a specified amount of outstanding advances to State guaranty agencies. Amends title VII (Construction, Reconstruction, and Renovation of Academic Facilities) of HEA to redesignate the current part D as part E and to add a new part D: Housing and Other Educational Facilities Loans. (These provisions are similar in many respect to those under title IV (Housing for Educational Institutions) of the Housing Act of 1950 which is repealed by this Act.) Authorizes the Secretary of Education to make loans to undergraduate postsecondary institutions for the construction, reconstruction, or renovation of housing, undergraduate academic facilities, and other educational facilities for students and faculties. Sets forth: (1) conditions for the making of such loans; and (2) provisions governing the use of such loans for previously made contracts, and the amount and conditions of such loans. Provides that funds obtained pursuant to specified provisions of title IV of the Housing Act of 1950 shall be available to carry out part D. Provides that the total amount of notes and obligations which the Secretary of Education may continue to issue and have outstanding for purchase by the Secretary of the Treasury shall not exceed the amount issued and outstanding under such provisions as of September 30, 1985. Requires that at least ten percent of such funds held by the Secretary be made available for loans under part D for each fiscal year. Authorizes appropriations to the Secretary of Education of such sums as may be necessary, together with principal and interest payments made by postsecondary educational institutions assisted with loans made under part D (or under title IV of the Housing Act of 1950), for payment on notes and obligations issued by the Secretary under such part or title. Sets forth general provisions relating to budget and accounting, use of funds, legal powers, computation of allowable discounts, contracts for supplies or services, applicability of the Government Corporation Control Act, and wage rates. Directs the Secretary of Education to sell college housing and higher education facilities loan obligations held under title VII of HEA so as to carry out the directions in the concurrent resolution on the budget for the FY 1987. Directs the Secretary, in awarding loans under part D, to give priority to loans for renovation or reconstruction of: (1) undergraduate academic facilities; and (2) older undergraduate academic facilities and undergraduate academic facilities that have gone without major renovation or reconstruction for an extended period. Prohibits any loan application under part D until ten years after the date on which an undergraduate postsecondary educational institution received a loan under such part. Repeals title IV (Housing for Educational Institutions) of the Housing Act of 1950. Title IX: Committee on Small Business - Amends the Small Business Investment Act of 1958 to require the Secretary of the Treasury to sell to the public all right, title, and interest in debentures guaranteed by the Small Business Administration and issued by State or local development companies and held by the Federal Financing Bank in such amounts as to realize specified net proceeds for FY 1987 through 1989. Sets forth specified requirements with respect to the sale of such debentures.
![Official portrait of Sen. Domenici, Pete V. [R-NM]](https://www.congress.gov/img/member/d000407_200.jpg)