United States · United States Congress · 12 January 1987
New Clean Air Act - Amends the Clean Air Act to limit after 1990 the number of hours a fossil-fuel-burning electric generating facility which is a major stationary source of sulfur dioxide emissions may operate according to its emissions rate. Requires such major sources to attain by 1995 the best degree of emission reduction technically available. Requires the Administrator of the Environmental Protection Agency (EPA) to publish demonstrated levels of emission reduction and to promulgate emission standards for oil shale production and processing facilities, synthetic fuels production facilities, and other categories of major energy-production sources. Requires the use of systems for gasoline vapor recovery of hydrocarbon emissions from fueling of motor vehicles in every air quality region which fails to attain the national primary ambient air quality standard for ozone by 1988. Increases the length of time control systems on cars must last. Requires vehicles after model year 1988 to be equipped with onboard hydrocarbon control technology. Sets standards for emissions of hydrocarbons, oxides of nitrogen, and particulates from light-duty vehicles and engines for implementation in model years 1992, 1990, and 1991, respectively. Sets emission standards for heavy-duty vehicles and engines for model years after 1990. Sets emission standards for light-duty trucks and engines for model years 1990 and after. Prohibits the sale of diesel fuel with a sulfur content above a certain level determined by the Administrator. Provides for the assessment of daily civil penalties for violations of the fuel and fuel additive regulatory requirements. Requires State vehicle inspection programs to require emissions testing or direct inspection of components of vehicle emissions control systems. Directs the Administrator to implement a monitoring system for assessing the effects of acid deposition by July 1, 1988. Makes it a violation of the Clean Air Act if a State's air pollutant emissions contribute to the violation of another State's water quality standard under the Clean Water Act. Amends the Clean Water Act to state that such emissions endanger health or welfare abroad if they contribute to the violation of such country's water quality standards. Directs the President to negotiate with Canada and Mexico by 1988 to cooperate in reducing air pollution. Directs the President to negotiate treaties or other international agreements to apply uniform standards of performance for the control of air pollutant emissions. Directs the Secretary of the Treasury to report to the Congress by 1989 on a system of tariffs on emissions sufficient to encourage reductions.
United States · United States Congress · 6 January 1987
Amends the Federal criminal code to provide that none of the funds available to the Bureau of Prisons shall be used to perform abortions, except where the life of the mother would be endangered if the fetus were carried to term.
United States · United States Congress · 6 January 1987
Informed Consent Act - Prohibits any employee of a health facility owned or operated by the Department of Defense from performing an abortion on a pregnant woman without first obtaining her informed consent, in writing. Excepts medical emergencies from such prohibition. Requires the Secretary of Defense to monitor compliance with this Act and to prepare and make available to the public specified informational materials, to be reviewed and updated annually. Creates a cause of action in U.S. district court for any individual aggrieved by any failure of compliance with the informed consent mandate.
United States · United States Congress · 6 January 1987
Informed Consent Act - Prohibits any individual who is employed in a health facility owned or operated by the Federal Government, in a health facility which receives Federal financial assistance, or who receives any Federal financial assistance, from performing an abortion on a pregnant woman unless such individual obtained informed consent from such woman. Excepts medical emergencies from such prohibition. Directs the Secretary of Health and Human Services to monitor compliance with this Act. Authorizes individuals aggrieved by the failure of compliance with this Act to seek appropriate relief in the U.S. district courts. Requires the Secretary to prepare and make specified informational material available to the public and to update such material annually.
United States · United States Congress · 6 January 1987
Federal-Aid Highway Act of 1987 - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1987 through 1990 for: (1) the Federal-aid Interstate-Primary program; (2) the Federal-aid Urban system; (3) the Federal-aid Secondary system; (4) bridge replacement and rehabilitation; (5) the Federal lands highway program; (6) the territorial highway program for the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Marianas; (7) highway safety construction programs; (8) highway safety research and development; (9) certain hazards elimination projects; (10) hazards elimination projects regarding railway-highway crossings; and (11) certain highway assistance programs. Makes highway construction projects on any public road serving the area of a withdrawn Interstate route eligible as highway substitution projects. Makes substitution funds available in a State for two years. Authorizes the Secretary of Transportation to adjust in September of 1986 and every subsequent September the last approved Interstate Substitute Cost Estimate to make apportionments for substitute highway projects and substitute transit projects on October 1 or as soon as practicable thereafter for fiscal years subsequent to FY 1986. Directs the Secretary to reserve in a State's account until a disposition decision has been reached an amount equal to the Federal funds expended to purchase a right-of-way for a withdrawn Interstate route if the State has not disposed of such right-of-way upon the date of enactment of this Act. States that upon repayment by a State of its right-of-way debt, such repayment shall be credited to the unprogrammed fund balance apportioned to such State, and shall then be available for expenditure in accordance with this Act. Directs the Secretary to set aside funds from specified authorizations for the Strategic Highway Research Program. Sets forth apportionment guidelines for FY 1987 through 1990 for: (1) the Federal-aid Interstate-Primary Program; (2) the Federal-aid Secondary System; and (3) the Federal-aid Urban System. Authorizes a State to transfer up to 50 percent of its apportionment between the Urban and Secondary Systems. Requires the approval of the affected local area officials before a State may transfer the allocations for an urbanized area of 200,000 or more population. Makes available for obligation for four years the sums apportioned for: (1) the Interstate Federal-aid Interstate-Primary Program; (2) the Federal-aid Secondary system; (3) the Federal-aid Urban system; and (4) bridge replacement and rehabilitation. Declares that apportioned amounts remaining unobligated at the end of four years shall lapse (except for the bridge rehabilitation apportionments, which shall be allocated by the Secretary as bridge discretionary funds). States that funds made available to the State of Alaska may be expended for access and development roads on a Federal-aid system. Prohibits the Secretary from reducing more than ten percent of a State's apportioned funds for its failure to: (1) adequately maintain the Interstate system; or (2) certify a maintenance program. Prohibits the Federal share payable for the Primary system (other than the Interstate system) from exceeding 75 percent of construction costs. Allows certain Interstate routes to be improved at a 90 percent Federal share. States that the Federal share payable for a highway emergency relief project may be 100 percent for emergency repairs accomplished in the first 30 days after an occurrence. Authorizes Federal funds to reimburse State costs for the relocation of utility facilities necessitated by a highway construction project, or by a State's highway safety improvement program. Authorizes the expenditure of Federal emergency relief funds for: (1) the Virgin Islands; (2) Guam; (3) American Samoa; and (4) the Northern Mariana Islands. Sets a $5,000,000 obligation ceiling upon such funds during any fiscal year. Revises the penalty provisions regarding violations of vehicle weight limitations on the Interstate System to provide that withheld funds will not lapse if they are subsequently released and obligated within the normal four-year availability period. Precludes Federal funding out of the Highway Trust Fund for State toll facilities which have not been certified to State officials as: (1) being adequately maintained; and (2) having an operator able to fund inadequately-maintained facilities without the use of Federal-aid highway funds. Requires any State Governor to report biennially to the Secretary on certified and uncertified toll facilities. Requires each State to survey and identify all highway-railroad crossings needing separation, relocation, or protective devices. Requires that half of all authorized funds for such crossings be made available for installing protective devices. Requires each State to report annually to the Secretary and the Secretary to report annually to specified congressional committees on program progress. Makes certain sums available for obligation for the Strategic Highway Research Program (SHRP). Authorizes the Secretary to implement the SHRP in cooperation with State highway departments. Directs the Secretary to set standards for the use of funds to conduct research, development, and technology transfer activities determined to be strategically important to the national highway transportation system. Authorizes the Secretary to provide grants to and enter into cooperative agreements with State highway departments or the National Academy of Sciences to conduct such activities. Requires the Secretary to report annually to certain congressional committees regarding the progress and research findings of the SHRP. Makes certain remedies against the United States applicable in any civil action against the National Academy of Sciences for injury or property loss arising from activities in connection with the Strategic Highway Research Program. Credits certain State-financed off-system bridge replacement and rehabilitation projects towards the non-Federal share of the cost of other Federal-aid bridge projects. Directs the Secretary to make a minimum allocation among the States so that a State's percentage of total apportionments shall be at least 85 percent of the percentage of estimated tax payments attributable to highway users in such State paid into the Highway Trust Fund. Adds total allocations as well as apportionments to the calculation of the 85 percent minimum funds. (Currently only apportioned programs are considered in the minimum allocation calculation.) Establishes the Federal-Aid Interstate-Primary Program to bring all elements of the primary system up to certain Federal standards. Declares that such program shall consist of projects for the construction, reconstruction, rehabilitation, restoration, and resurfacing or improvement of the primary system and the Interstate system. Requires the Secretary to give priority consideration to: (1) completion of essential gaps on the Interstate System; and (2) rehabilitation of existing highway facilities. Directs States to use for Federal-aid highway projects the net income received from the use, sale, or lease of right-of-way airspace acquired as a result of certain Federal highway programs. Requires the designation of a territorial Federal-aid highway system in each territory. Permits States to use Federal-aid highway funds earmarked for highway substitute projects for bicycle projects. Authorizes States to use one and one-half percent of apportioned Interstate Highway Transfer funds for highway planning and research facilities. Decreases from one-half of one percent to one-quarter of one percent the National Highway Institute funds available for expenditure by a State highway department for the education and training of State and local highway department employees. Requires the Secretary (who currently is merely authorized) to provide education and training of highway employees at no cost to State and local governments for those subject areas which are a Federal program responsibility. Outlines the conditions under which real property may be donated by a person to a State or Federal agency. Provides for: (1) crediting the fair market value of private right-of-way donations for highway projects to the State matching share when such donations are made to the State; and (2) revesting such property to the donor if it is not required after environmental assessments. States that the fair market value of lands donated to the State of California for a State Route 73 relocation and construction project in Orange County shall first be credited toward payment of the non-Federal share of such project cost. Prohibits State documents regarding safety enhancement of potential accident sites, road conditions, or rail-highway crossings from being either: (1) disclosed under the Freedom of Information Act; or (2) admitted into evidence in certain actions for damages. Makes "Buy American" provisions applicable to projects whose total costs exceed $500,000. Amends the General Bridge Act of 1906 to repeal Federal regulatory authority over bridge tolls. Authorizes the preferential employment of Indians on construction projects and contracts effected on Indian reservation roads. Directs the Secretary to cooperate with Indian tribal governments and the States to implement such preferential employment. Requires States to expend a minimum of ten percent of Federal-aid highway contracts with small businesses owned and controlled by socially and economically disadvantaged individuals. Prescribes guidelines for a disadvantaged business enterprise program. Releases the State of Maryland from the requirement of accepting title to any road or portion thereof (such as the Baltimore-Washington Parkway) in return for Federal participation in improvements to such Parkway. Authorizes appropriations for the upgrading of certain highways in the vicinity of the Waste Isolation Pilot Project (a nuclear waste storage repository in New Mexico). Sets forth obligation limitations for Federal-aid highways and highway safety construction programs for FY 1987 through 1990. Makes eligible for Federal-aid bridge funds costs incurred to mitigate harm to an historic bridge if the bridge remains part of the highway system. Requires States to identify historic bridges on the National Bridge Inventory. Requires the Transportation Research Board to review historic bridges and develop rehabilitation standards for such bridges. Sets forth allocation guidelines for forest highways for FY 1987 through 1990. Directs the Secretary to require the planting of native wildflowers for landscaping and scenic enhancement of Federal-aid highways. Directs the Secretary to conduct a Combined Road Program Demonstration to test the feasibility of approaches for combining, streamlining, and increasing the flexibility in the administration of the Federal-aid secondary Federal-aid urban and off-system urban and secondary bridge programs. Directs the Delaware River Joint Toll Bridge Commission to enter into an agreement with the Secretary of Transportation (in conjunction with the State highway agencies of Pennsylvania and New Jersey) to repay Federal funds previously obligated for the Delaware Water Gap Bridge on Interstate 80. Requires the Commission and such States to enter into an agreement with the Secretary of Transportation if the Commission and such States decide to operate an uncompleted bridge on Interstate 78 as a toll bridge. Grants congressional consent to a supplemental agreement between Pennsylvania and New Jersey which: (1) grants the Delaware River Joint Toll Bridge Commission authority to collect tolls and revenues for the use of Commission facilities and to expend such revenues for existing non-toll bridges over the Delaware River between New Jersey and Pennsylvania; and (2) authorizes such States to construct a bridge across the Delaware River in the vicinity of Easton, Pennsylvania, and Phillipsburg, New Jersey. Directs the Secretary to make arrangements with the Transportation Research Board (TRB) of the National Academy of Sciences to conduct a study of specified motor vehicle issues. Requires the TRB to report the study results to certain congressional committees. Authorizes appropriations. Requires the Secretary to conduct a study of national highway-railroad crossing improvement and maintenance needs. Delineates the issues to be addressed by such study. Directs the Secretary to report such study results to certain congressional committees. Authorizes appropriations. Makes certain unobligated balances available for specified projects.
United States · United States Congress · 6 January 1987
Amends the Internal Revenue Code to deny status as a tax-exempt organization to any organization which performs, finances, or provides facilities for abortions (except where the life of the mother would be endangered). Denies the income, estate, and gift tax charitable contribution deductions for amounts contributed to such organizations.
United States · United States Congress · 6 January 1987
Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify a claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Requires the chairman of the Board of Veterans' Appeals to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will to reopen a claim will not be diminished by a juficial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Authorizes the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees in successful veterans' claims brought before a court as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
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
High Risk Occupational Disease Notification and Prevention Act of 1987 - Establishes a Risk Assessment Board, within the Department of Health and Human Services, to: (1) review current medical and scientific reports on the incidence of disease associated with exposure to occupational health hazards; (2) identify and designate those populations at risk of such disease that should receive notification; and (3) develop a form and method of notification that will be used by the Secretary of Health and Human Services (the Secretary). Sets forth factors which the Board must consider in identifying and designating such populations at risk. Sets forth procedures for notice of proposed determinations. Directs the Board to notify or coordinate notification of at least 100,000 employees per year, and to make every reasonable effort to do so for at least 300,000 employees per year. Directs the Secretary to make every reasonable effort to ensure that each individual within a population at risk of disease is notified of the risk. Sets forth contents of such notification, including counseling information. Provides for telephone "hot lines" and other dissemination of information. Provides for judicial review of Board determinations. Authorizes the Secretary to certify a private employer or a State or local government to conduct notification. Requires, in the case of employees not currently exposed, that notification be transmitted to each employee in the designated population at risk of disease who was exposed to the occupational health hazard within 30 years prior to the date of notification. Requires individual notification, but where this is not reasonably possible, requires the notifying entity to make use of public service announcements and other appropriate means of notification. Requires, in the case of employees currently exposed, both individual notification and prominent warnings posted at the worksite. Requires specified data to be included in the notification where employers are subject to a hazard communication standard. Requires the Secretary to establish and certify ten occupational and environmental health centers to: (1) provide education, training, and technical assistance to personal physicians and social service professionals who serve employees notified that they are at risk under this Act; and (2) provide diagnosis, treatment, medical monitoring, and family services for such employees. Directs the Board to conduct or provide for research, training, and education aimed at improving the means of identifying employees exposed to occupational health hazards and providing medical assistance to such employees. Authorizes the Board to engage the services of experts and consultants. Requires schools of medicine, in order to receive Federal financial assistance, to offer a course of study on occupational diseases. Requires, for any employee notified, that the recommended testing, evaluation, and medical monitoring be made available by the current employer: (1) at no cost to the employee if any part of such exposure occurred in the course of the employee's employment by that employer; and (2) at cost if no part of such exposure occurred during that time. Prohibits discrimination by any employer or any other person against any employee on the basis that the employee is or has been a member of a population that the Secretary has determined to be at risk. Requires that the employee retain the same earnings, seniority, and benefits as in the former job if it is medically determined that the employee should be transferred to a less hazardous or non-exposed job. Sets forth enforcement authority under this Act including injunctive relief, reinstatement and other relief, and civil penalties. Directs the Secretary of Labor to report to the Congress annually regarding implementation and enforcement of the hazard communication standard. Directs the Secretary to report to the Congress annually regarding implementation and enforcement of notification under this Act. Requires each Federal agency that conducts epidemiological studies on occupational disease to establish procedures for notifying the subjects of such studies of findings demonstrating that they are part of a population at risk of disease. Authorizes appropriations for FY 1988 and 1989, setting aside a specified amount for research.
United States · United States Congress · 6 January 1987
Employee Educational Assistance Act of 1987 - Amends the Internal Revenue Code to make permanent the income tax exclusion for employee educational assistance programs. (Present law terminates such exclusion as of December 31, 1987.)
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
Research and Development Incentive Act of 1987 - Amends the Internal Revenue Code to make permanent the income tax credit for increasing research activities. (Present law terminates such credit as of December 31, 1988.) Increases the amount of such credit from 20 to 25 percent of the increase in expenses of such research activities.
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 title XVIII (Medicare) of the Social Security Act to provide coverage for psychologists' services under the supplementary medical insurance program (part B of title XVIII).
United States · United States Congress · 6 January 1987
Federal-Aid Highway Act of 1987 - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1987 through 1990 for: (1) the Federal-aid Interstate-Primary program; (2) the Federal-aid urban system; (3) the Federal-aid secondary system; (4) bridge replacement and rehabilitation; (5) the Federal lands highway program; (6) the territorial highway program for the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Marianas; (7) highway safety construction programs; (8) highway construction safety research and development; (9) certain hazards elimination projects; and (10) hazards elimination projects regarding railway-highway crossings. Makes highway construction projects on any public road serving the area of a withdrawn Interstate route eligible as highway substitution projects. Authorizes the Secretary of Transportation to approve until September 30, 1986, the withdrawal of any route which was under judicial injunction prohibiting its construction as of November 6, 1978. Makes substitution funds available in a State for two years. Authorizes appropriations for highway substitution projects for FY 1987 through 1990. Authorizes the Secretary of Transportation (the Secretary), in September of 1986 and every subsequent September, to adjust the last Interstate Substitute Cost Estimate approved to make apportionments for: (1) substitute highway projects; and (2) substitute transit projects. Directs the Secretary to reserve in a State's account until a disposition decision has been reached an amount equal to the Federal funds expended to purchase a right-of-way for a withdrawn Interstate route if the State has not disposed of such right-of-way upon the date of enactment of this Act. Declares that upon repayment by a State of the amount of Federal funds expended to acquire property which was subsequently withdrawn from the Interstate System, such State shall be deemed to have fully met certain repayment requirements. Directs the Secretary to set aside funds from specified authorizations for the Strategic Highway Research Program. Sets forth apportionment guidelines for FY 1987 through 1990 for: (1) the Federal-aid Interstate-Primary Program; (2) the Federal-aid Secondary System; and (3) the Federal-aid Urban System. Authorizes a State to transfer up to 50 percent of its apportionment between the Urban and Secondary Systems. Requires the approval of the affected local area officials before a State may transfer the allocations for an urbanized area of 200,000 or more population. Authorizes the Secretary to waive competitive bidding on a reconstruction contract in an emergency situation. Makes available for obligation for four years the sums apportioned for: (1) the Federal-aid Interstate-Primary Program; (2) the Federal-aid Secondary system; (3) the Federal-aid Urban system; and (4) bridge replacement and rehabilitation. Declares that apportioned amounts remaining unobligated at the end of four years shall lapse (except for the bridge rehabilitation apportionments, which shall be allocated by the Secretary as bridge discretionary funds). States that funds made available to the State of Alaska may be expended for access and development roads on a Federal-aid system. Prohibits the Secretary from reducing more than ten percent of a State's apportioned funds for its failure to: (1) adequately maintain the Interstate system; or (2) certify a maintenance program. Prohibits the Federal share payable for the Primary system (other than the Interstate system) from exceeding 75 percent of construction costs. Allows certain Interstate routes to be improved at a 90 percent Federal share. States that the Federal share payable for a highway emergency relief project may be 100 percent for emergency repairs accomplished in the first 30 days after an occurrence. Authorizes Federal funds to reimburse State costs for the relocation of utility facilities necessitated by a highway construction project, or by a State's highway safety improvement program. Authorizes the expenditure of Federal emergency relief funds for: (1) the Virgin Islands; (2) Guam; (3) American Samoa; and (4) the Northern Mariana Islands. Sets a $5,000,000 obligation ceiling upon such funds during any fiscal year. Revises the penalty provisions regarding violations of vehicle weight limitations on the Interstate System to provide that withheld funds will not lapse if they are subsequently released and obligated within the normal four-year availability period. Revises the guidelines under which the Secretary of Transportation is authorized to permit Federal participation in the initial construction of State toll facilities, including ferry boat facilities. Limits to 35 percent the Federal share payable for such facilities. Requires the appropriate State highway department to agree that toll revenues for such facilities will be used only for the costs of construction, reconstruction, or maintenance. Mandates that the operators of certain toll facilities on a Federal-aid system in a State shall biennially certify to the State Governor that: (1) such facilities are adequately maintained; and (2) such operator can fund the replacement or repair of inadequately maintained facilities without using Federal-aid highway funds. Precludes Federal funding out of the Highway Trust Fund for failure to make such certification. Declares that if a State enters into an agreement that toll revenues will only be used for the facility tolled, the Secretary is authorized to void certain agreements entered into prior to the enactment of this Act. Requires each State to survey and identify all highway-railroad crossings needing separation, relocation, or protective devices. Requires that half of all authorized funds for such crossings be made available for installing protective devices. Requires each State to report annually to the Secretary and the Secretary to report annually to specified congressional committees on program progress. Makes certain sums available for obligation for the Strategic Highway Research Program (SHRP). Authorizes the Secretary to implement the SHRP in cooperation with State highway departments. Directs the Secretary to set standards for the use of funds to conduct research, development, and technology transfer activities determined to be strategically important to the national highway transportation system. Authorizes the Secretary to provide grants and enter into cooperative agreements with State highway departments or the National Academy of Sciences to conduct such activities. Requires the Secretary to report annually to certain congressional committees regarding the progress and research findings of the SHRP. Makes certain remedies against the United States applicable in any civil action against the National Academy of Sciences for injury or property loss arising from activities in connection with the Strategic Highway Research Program. Credits certain State-financed off-system bridge replacement and rehabilitation projects towards the non-Federal share of the cost of other Federal-aid bridge projects. Authorizes the States to use certain bridge replacement funds to construct any bridge which replaces: (1) any low water crossings; (2) any bridge destroyed prior to 1960; or (3) any ferry in existence on January 1, 1984. Amends Federal law relating to outdoor advertising to authorize the Secretary to reduce Federal-aid highway funds up to five percent of what would otherwise be a State's apportionment if the Secretary determines that the State has not made provisions for the effective control of outdoor advertising along the Interstate and primary system. (Currently, a ten percent reduction of such apportionment is mandated.) Sets guidelines for: (1) the effective control of outdoor advertising by the States; (2) Federal participation in State costs incurred for sign acquisition and removal; and (3) outdoor signs on federally-owned public lands. Directs the Secretary to make a minimum allocation among the States so that a State's percentage of total apportionments shall be at least 85 percent of the percentage of estimated tax payments attributable to highway users in such State paid into the Highway Trust Fund. Adds total allocations as well as apportionments to the calculation of the 85 percent minimum funds. (Currently only apportioned programs are considered in the minimum allocation calculation.) Establishes the Federal-Aid Interstate-Primary Program to bring all elements of the primary system up to certain Federal standards. Declares that such program shall consist of projects for the construction, reconstruction, rehabilitation, restoration, and resurfacing or improvement of the primary system and the Interstate system. Requires the Secretary to give priority consideration to: (1) completion of essential gaps on the Interstate System; and (2) rehabilitation of existing highway facilities. Directs States to use for Federal-aid highway projects the net income received from the use, sale, or lease of right-of-way airspace acquired as a result of certain Federal highway programs. Requires the designation of a territorial Federal-aid highway system in each territory. Permits States to use Federal-aid highway funds earmarked for highway substitute projects for bicycle projects. Authorizes States to use one and one-half percent of apportioned Interstate Highway Transfer funds for highway planning and research facilities. Decreases from one-half of one percent to one-quarter of one percent the National Highway Institute funds available for expenditure by a State highway department for the education and training of State and local highway department employees. Requires the Secretary (who currently is merely authorized) to provide education and training of highway employees at no cost to State and local governments for those subject areas which are a Federal program responsibility. Outlines the conditions under which real property may be donated by a person to a State or Federal agency. Provides for: (1) crediting the fair market value of private right-of-way donations for highway projects to the State matching share when such donations are made to the State; and (2) revesting such property to the donor if it is not required after environmental assessments. States that the fair market value of lands donated to the State of California for a State Route 73 relocation and construction project in Orange County shall first be credited toward payment of the non-Federal share of such project cost. Prohibits State documents regarding safety enhancement of potential accident sites, road conditions, or rail-highway crossings from being admitted into evidence in certain actions for damages. Makes "Buy American" provisions applicable to projects whose total costs exceed $500,000. Amends the General Bridge Act of 1906 to repeal Federal regulatory authority over bridge tolls. Authorizes the preferential employment of Indians on construction projects and contracts effected on Indian reservation roads. Directs the Secretary to cooperate with Indian tribal governments and the States to implement such preferential employment. Requires States to expend a minimum of ten percent of Federal-aid highway contracts with small businesses owned and controlled by socially and economically disadvantaged individuals. Prescribes guidelines for a disadvantaged business enterprise program. Releases the State of Maryland from the requirement of accepting title to any road or portion thereof (such as the Baltimore-Washington Parkway) in return for Federal participation in improvements to such Parkway. Authorizes appropriations for the upgrading of certain highways in the vicinity of the Waste Isolation Pilot Project (a nuclear waste storage repository in New Mexico). Sets forth obligation limitations for Federal-aid highways and highway safety construction programs for FY 1987 through 1990. Makes eligible for Federal-aid bridge funds costs incurred to mitigate harm to an historic bridge if the bridge remains part of the highway system. Requires States to identify historic bridges on the National Bridge Inventory. Requires the Transportation Research Board to review historic bridges and develop rehabilitation standards for such bridges. Sets forth allocation guidelines for forest highways for FY 1987 through 1990. Directs the Secretary to require the planting of native wildflowers for landscaping and scenic enhancement of Federal-aid highways. Directs the Secretary to conduct a Combined Road Program Demonstration to test the feasibility of approaches for combining, streamlining, and increasing flexibility in the administration of the Federal-aid secondary, Federal-aid urban, and off-system urban and secondary bridge programs. Makes the State of California eligible for Federal-aid emergency relief funds for the total amount of the 1986 California flood disaster. Specifies priority construction projects to be implemented by the Secretary if requested to do so by a State highway department and if such projects are designated as part of a Federal-aid system. Requires the Secretary to approve from a State's apportionment the sums requested by a State highway department to implement such priority projects. Sets guidelines for the Federal share payable for such approved sums. Directs the Delaware River Joint Toll Bridge Commission to enter into an agreement with the Secretary of Transportation (in conjunction with the State highway agencies of Pennsylvania and New Jersey) to repay Federal funds previously obligated for the Delaware Water Gap Bridge on Interstate 80. Requires the Commission and such States to enter into an agreement with the Secretary of Transportation if the Commission and such States decide to operate an uncompleted bridge on Interstate 78 as a toll bridge. Grants congressional consent to a supplemental agreement between Pennsylvania and New Jersey which: (1) grants the Delaware River Joint Toll Bridge Commission authority to collect tolls and revenues for the use of Commission facilities and to expend such revenues for existing non-toll bridges over the Delaware River between New Jersey and Pennsylvania; and (2) authorizes such States to construct a bridge across the Delaware River in the vicinity of Easton, Pennsylvania, and Phillipsburg, New Jersey. Directs the Secretary to make arrangements with the Transportation Research Board (TRB) of the National Academy of Sciences to conduct a study of specified motor vehicle issues. Requires the TRB to report the study results to certain congressional committees. Authorizes appropriations. Requires the Secretary to conduct a study of national highway-railroad crossing improvement and maintenance needs. Delineates the issues to be addressed by such study. Directs the Secretary to report such study results to certain congressional committees. Authorizes appropriations. Directs the Secretary to conduct a public ferry boat service feasibility study in consultation with the highway departments of the States of Nebraska and South Dakota, and to report the results of such study to the Congress within one year after the date of enactment of this Act. Sets forth guidelines under which the Secretary is authorized to approve (upon the joint request of the Governor of the State of Oregon and the local governments concerned) a substitute transit project for construction of a light rail transit system in lieu of certain interstate lanes. Requests the Board of Engineers for Rivers and Harbors of the United States Army Corps of Engineers to review specified reports relating to the United States Route 13 Relief Route for the purpose of modifying an existing canal project to provide a new structure for the selected alignment of such relief route. Expresses the sense of the Congress that States and local governments should: (1) include damages to highways, equipment, and the environment when calculating the real cost of deicing materials; and (2) use calcium magnesium acetate as an alternative deicing material. Requires the Secretary to report to the Congress regarding a highway feasibility study for a proposed route from Louisiana to Arkansas and Missouri. Makes certain unobligated balances available for specified projects. Makes certain parkway funds available to finance the cost of upgrading from two lanes to four lanes a highway providing access from Route 25 E through that portion of the Cumberland Gap National Historical Park which lies within the State of Virginia. Sets guidelines under which the State matching share for the Calder Bridge Project across the St. Joe River in Idaho may be credited by the fair market value of land and construction. Revises the guidelines under which the Secretary is authorized to pay to a State the Federal share of construction costs in cases where such State has incurred such costs in advance of Federal apportionments. Requires that the wages paid to laborers and mechanics employed under any contract or subcontract exceeding $250,000 for highway construction on the Federal-aid system be not less than the rates prevailing on the same type of work on similar construction in the immediate locality. Directs the Secretary to approve construction of Interstate highway H-3 in Hawaii. Permits Federal-aid highway funds for highways in States with a maximum speed limit exceeding 55 miles per hour if such highways are on the Interstate system located outside of an urbanized area of 50,000 population or more. Prohibits Federal-aid highway funds if the highways located on such Interstate system have a maximum speed limit exceeding 65 miles per hour.
United States · United States Congress · 6 January 1987
Atomic Safety Act of 1987 - Declares that it is the sense of the Congress that full emergency planning is an essential element of the nuclear enterprise and that no plant should operate without assurance from Federal experts on emergency preparedness that the public health and safety can and will be protected. Prohibits the Nuclear Regulatory Commission from issuing a utilization facility operating license unless the Federal Emergency Management Agency (FEMA) has issued a finding regarding whether such facility has in place an offsite emergency plan which will provide assurance that the public health and safety will be protected. Revokes upon enactment of this Act any license issued by the Commission that is not based upon such a finding by FEMA.
United States · United States Congress · 6 January 1987
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates June 14, 1987, as Baltic Freedom Day.
United States · United States Congress · 6 January 1987
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 17 October 1986
Malpractice Dispute Resolution Act of 1986 - Directs the Director of the Office of Management and Budget, during the four-year period starting January 1, 1988, to conduct between one and three projects under the Federal employees' health benefits program which will demonstrate alternatives to the tort liability system of compensating persons for injuries or illness incurred and aggravated as a result of health care received under such a plan. Makes participation in such a project by an enrollee voluntary. Authorizes such projects to include: (1) binding arbitration or other alternative dispute resolution procedures; (2) contractual modifications of existing substantive rules governing tort claims; or (3) compensation for specified injuries or illness on a no-fault basis. Specifies considerations required before a project may be approved. Requires the Comptroller General of the United States to report to the Congress by December 31, 1991, any recommendations regarding implementation of alternatives to the tort liability system in Federal health benefit plans. Authorizes appropriations for such projects for FY 1988 through 1992.
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 · 15 October 1986
Federalism Act of 1986 - Title I: Aid to Families with Dependent Children - Subtitle A: Benefits and Federal Participation - Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to set a minimum monthly AFDC benefit amount at a level which, when added to the value of any food stamp allotment to which the family or its household is entitled, is equal to a specified percentage (set at 50 percent in FY 1989, but increasing by two percent in each subsequent fiscal year until it reaches 62 percent in FY 1995) of the Federal poverty level. Reimburses States for 90 percent of their expenses in providing the minimum benefit. Requires States to make AFDC payments with respect to dependent children of unemployed parents in two-parent families. Subtitle B: Work-Related Requirements - Requires, with certain exceptions, AFDC applicants and recipients to register with a State agency for employment counseling, training, and assignment. Authorizes AFDC recipients to refuse employment which results in a net loss in their income. Directs such State agency to: (1) determine the appropriate employment-related activities for each registered AFDC applicant or recipient; and (2) arrange for their participation in one or more of the employment-related programs established under title IV of the Act or other Federal law, while coordinating such programs to enhance the availability and efficiency of services provided. Requires the State agency to provide AFDC applicants and recipients assigned to employment, training, or education programs with child care and transportation services. Sets the Federal contribution to education, training, and assignment costs at 90 percent in FY 1989 and a percentage in subsequent years which is determined by use of a specified formula which takes into account a State's compliance with performance standards to be developed by the Secretary of Health and Human Services. Provides that such standards shall measure a State's success in reducing welfare costs and helping AFDC recipients achieve self-sufficiency. Sets the Federal share of administrative costs at 50 percent and support service costs at 90 percent. Authorizes appropriations from FY 1988 through 1995 to carry out the activities under this title, allotting such funds among States on the basis of each State's share of AFDC recipients. Gives States the option, when a family's increased income renders them ineligible for AFDC, to: (1) continue to cover a family's child care, transportation, and other employment-related support service expenses for the year after such family's eligibility would otherwise end; and (2) require a family contribution for such services. Subtitle C: Hold Harmless - Reimburses States for all of their AFDC expenditures in FY 1988 and 1989 which exceed State AFDC expenditures in FY 1987 and are attributable to this Act's amendments. Title II: Medicaid - Extends Medicaid eligibility to pregnant women and children up to age 12 whose family income does not exceed the Federal poverty level. Requires the Secretary to establish uniform national standards regarding the types of Medicaid services provided to such individuals. Directs States to provide Medicaid coverage to individuals who are eligible for benefits under title XVI (Supplemental Security Income) of the Act or would be eligible for such benefits if they were not in a medical institution. Authorizes States to provide Medicaid coverage to individuals eligible for participation in certain other social security programs, but requires the State plan to include at least one group not covered under such programs. Raises the limit on the Medicaid Federal assistance percentage to 90 percent. Sets such percentage at 80 percent for FY 1988 and 90 percent thereafter for medical assistance provided to pregnant women and children pursuant to this Act. Provides for annual reductions in the State percentage. Reimburses States for all of their Medicaid expenditures in FY 1988 and 1989 which exceed State Medicaid expenditures in FY 1987 and are attributable to this Act's amendments. Title III: Termination or Reduction of Certain Federal Programs - Abolishes certain programs providing Federal assistance for: (1) economically distressed areas; (2) urban mass transit systems; (3) community services and development; (4) education; (5) vocational education and manpower training; and (6) water pollution control. Requires the Senate Banking, Housing, and Urban Affairs Committee and the Committee on Banking, Finance, and Urban Affairs of the House of Representatives to report legislation reducing the aggregate outlays for certain housing assistance programs by specified amounts from FY 1988 through 1995. Amends title XX (Block Grants to States for Social Services) of the Act to reduce authorized appropriations for FY 1988 and 1989 and terminate the program thereafter. Title IV: Fiscal Capacity Grants - Entitles State and local governments to grants from the General Fiscal Assistance Trust Fund established in the Treasury by this Act. Authorizes appropriations. Directs the Secretary of the Treasury to determine grant allocations to be paid in quarterly installments for each of FY 1988 through 1994. Sets forth general grant qualification requirements. Authorizes the Secretary, after providing notice and an opportunity for corrective actions, to withhold grant payments for noncompliance with such requirements. Provides special entitlements for Indian tribes, Alaskan Native villages, and the District of Columbia. Sets forth the procedure by which the Secretary shall allocate grant amounts to: (1) each State (for subsequent allocation to local governments) based on each State's population, general tax effort factor, and relative fiscal capacity factor; and (2) each local government, from each State's amount, based on each government's population, general tax effort factor, and income factor. Requires each State which receives grant funds to establish a commission to: (1) investigate the public service needs and fiscal capacities of its local governments; and (2) recommend an alternative method of allocating grant funds to local governments which reduces the excess of the funds each government needs to provide public services over the fiscal capacity of such government. Directs the Secretary to use such method to allocate funds instead of the procedure prescribed by this Act if such method is enacted into State law. Sets forth the procedure by which the Secretary shall allocate grant amounts to each State government based on each State's population, general tax effort factor, and relative fiscal capacity factor. Requires the Secretary, in determining grant allocations, to use the most recent available information provided by the Secretary of Commerce and the Secretary of Labor, with specified exceptions. Requires a State government or local government expending payments under this title to: (1) hold at least one public hearing on the proposed use of the payment in relation to its total budget, unless public participation is otherwise ensured in the budget process; and (2) disclose specified information on the proposed use of the payment within specified periods before such hearing and after the budget is adopted. Prohibits discrimination under any State or local government program or activity any part of which is paid for with funds received under this title. Sets forth provisions governing discrimination proceedings, the suspension and termination or resumption of payments in such proceedings, agreements by local governments to comply with discrimination prohibitions, the enforcement of such prohibitions by the Attorney General, administrative and civil actions by persons adversely affected by discriminatory practices, and judicial review of a decision to withhold, suspend, or terminate grant payments. Requires each State and local government that receives a payment under this Act in a fiscal year to conduct an audit for such year. Requires the Secretary to maintain regulations regarding the investigation of complaints of violations of this Act. Directs the Comptroller General to carry out necessary reviews for the Congress to evaluate compliance and operations under this Act. Requires annual reports by: (1) the Secretary to the Congress on the administration of, and operations under, this Act; and (2) State and local governments to the Secretary on the amounts and uses of grant payments. Title V: Block Grants to States for Long-Term Health Care Services - Amends the Medicaid program to require the Secretary of Health and Human Services to make grants (the amount of each grant being determined pursuant to a specified formula) to States in each fiscal year for the provision of long-term health care. Makes such grant program the exclusive source of Federal Medicaid payments for long-term health care. Directs each State receiving a grant to report to the Secretary on the types of activities to be supported and the categories or characteristics of individuals to be served by such grants. Requires the Secretary to report to the Congress within 180 days after this Act's enactment regarding the technical and conforming changes this Act made in the Medicaid program.
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 · 9 October 1986
Expresses the sense of the Senate that: (1) Dr. Abby Nkomo, Chairman of the Atteridgeville/Saulsville Civic Association, is representative of the majority of South Africans who seek peaceful change in South Africa; (2) the Government of South Africa is encouraged to enter into dialogue with such moderate forces so that positive action can be taken to bring an end to apartheid; (3) Dr. Nkomo, like thousands of similar victims, has been deprived of civil rights by the current detention under the state of emergency regulations; and (4) South African actions toward Dr. Nkomo and all other individuals are condemned as an obstruction to peaceful change in South Africa.
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 · 7 October 1986
Designates the Federal building and United States Courthouse located on North Robert Street, St. Paul, Minnesota, as the Warren E. Burger Federal Building and United States Courthouse.
United States · United States Congress · 27 September 1986
Paperwork Reduction Act Amendments of 1986 - Revises current provisions regarding the management of Federal information resources and the coordination of Federal information policy. Provides for the presidential nomination and Senate confirmation of the Administrator of the Office of Information and Regulatory Affairs. Expands the authority of the Director to include statistical policy and coordination duties, and the appointment of a chief statistician. Requires each agency to carry out the responsibilities under this Act for implementing agency information management functions. Revises information to be included in Federal Register notices regarding public information collection activities. Requires the Federal Information Locator System to be designed to assist agencies and the public in locating existing Government information derived from information collection requests. Requires the annual report of the Office of Federal Management to address agency information management initiatives and statistical policy and coordination functions. Requires the Director to submit a report to the Congress, at the time the President submits the budget for FY 1988, on funds requested for information resources management. Authorizes appropriations to carry out the provisions of this Act for FY 1987 through 1990. Amends the Federal Property and Administrative Services Act of 1949 to establish the Information Technology Fund, consisting of the capital and assets of the Federal telecommunications fund and of the automatic data processing fund, and certain supplies and equipment transferred to the Administrator of General Services. Sets forth the authority of the Administrator under the Fund. Authorizes the Director of OMB to hire employees as necessary to enable the Office of Information and Regulatory Affairs to carry out its functions under this Act.
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 · 10 September 1986
Prohibits a trustee in a bankruptcy reorganization case from unilaterally terminating or altering any provision of a collective bargaining agreement relating to benefits for retired employees prior to complying with prescribed procedures.
United States · United States Congress · 9 September 1986
Oil Pollution Cleanup Act of 1986 - Title I: Oil Pollution Liability and Compensation - Establishes the Oil Spill Compensation Fund. Makes vessel owners or operators of onshore or offshore facilities liable for removal costs and for economic and natural resource damages including: (1) injury or loss of real or personal property or natural resources; (2) loss of use (including subsistence use) of natural resources; (3) loss or impairment of income, profits, or earning capacity; and (4) loss of tax, royalty, rental or net profits share revenue for not more than one year. Establishes liability limits for: (1) owners and operators of tankers; (2) vessels; (3) lessees and permittees of outer continental shelf facilities; (4) inland barges; and (5) other facility owners. Authorizes the President to establish lower liability limits for other onshore or offshore facilities, and to periodically adjust liability limits in accordance with the Consumer Price Index. Makes the President (or the authorized representative of any State or foreign government) the trustee to act on behalf of the public to recover damages for injury to Federal, State, or foreign government natural resources. Makes the owner or operator of a vessel liable under: (1) this Act; (2) the International Convention on Civil Liability for Oil Pollution Damage, 1984; (3) maritime tort law; and (4) the Clean Water Act. Directs the President to use the money in the Oil Spill Compensation Fund for specified removal costs and damages. Establishes a $500,000,000 limit per incident. Authorizes the States to have direct access to the Fund for a minimum of $250,000 per discharge or substantial threat of discharge of oil, and to enter into agreements with the President for additional Fund moneys. Requires the owner or operator of certain-size vessels and offshore facilities to establish financial responsibility sufficient to meet the maximum amount of liability to which such persons could be subjected under this Act. Provides for judicial review of regulations and actions under this Act. Grants State courts jurisdiction to hear cases under this Act, as well as under State law. Permits the State to impose additional liability or requirements regarding oil discharges within their borders. Retains the rights of the States to maintain a fund for oil pollution compensation. Authorizes the States to enforce the financial responsibility requirements of this Act. Requires the President to consult with the affected States regarding removal actions. Title II: Conforming Amendments - Makes conforming amendments to the following Acts: (1) the Trans-Alaska Pipeline Authorization Act; (2) the Clean Water Act; (3) the Intervention on the High Seas Act; (4) the Outer Continental Shelf Lands Act; and (5) the Deepwater Port Act. Amends the Trans-Alaska Pipeline Authorization Act to abolish the Trans-Alaska Pipeline Liability Fund. Replaces the Trans-Alaska Pipeline Liability Fund and the Deepwater Port Liability Fund with the Oil Spill Compensation Fund of this Act. Repeals the oil spill liability provisions of the Outer Continental Shelf Lands Act Amendments of 1978 (thereby replacing the Offshore Oil Pollution Compensation Fund under that Act with the Oil Spill Compensation Fund established in this Act). Title III: Implementation of the International Conventions - States that the liability of an owner for pollution damage arising from an incident involving a ship shall be determined in accordance with the Civil Liability Convention and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1984, if the President determines that such Conventions are consistent with the provisions of this Act. Grants Federal recognition to the International Oil Pollution Compensation Fund as a legal entity. Sets forth procedural guidelines for Federal implementation and cooperation with such international bodies.
United States · United States Congress · 8 September 1986
Declares that the Senate: (1) condemns the most recent terrorist acts in Karachi, Pakistan, and Istanbul, Turkey, and offers its condolences to the victims and to their families; (2) declares that international terrorism is a scourge and that all civilized nations should combat it; (3) urges close international cooperation in the prosecution and punishment of those responsible for such acts; and (4) urges the President to take specified actions to combat terrorism.
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
Farm Credit System Borrower Interest Rate Relief Act of 1986 - States that it is the policy of the Congress that Farm Credit System (System) institutions should take steps to establish competitive interest rates based on the marginal cost of funds. Amends the Farm Credit Act of 1971 to repeal provisions for Farm Credit Administration (FCA) approval of interest rates charged by Federal land banks, Federal intermediate credit banks, and banks for cooperatives. Prohibits the FCA from requiring System institutions to maintain capital levels by charging interest rates in excess of commercial rates.
United States · United States Congress · 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.