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United States · Official source
1,453 records where Sen. Fowler, Wyche, Jr. [D-GA] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 3 March 1987
Designates the week beginning August 2, 1987, as National Podiatric Medicine Week.
United States · United States Congress · 3 March 1987
Designates the month of May 1987 as National Cancer Institute Month.
United States · United States Congress · 26 February 1987
Omnibus Taxpayers' Bill of Rights Act - Requires the Secretary of the Treasury to prepare a statement setting forth in nontechnical terms: (1) the rights and obligations of a taxpayer and of the Internal Revenue Service (IRS) during a tax audit; (2) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file complaints; and (3) the procedures that the IRS may use in enforcing revenue laws. Directs the Secretary to transmit drafts of such statement to specified congressional committees and to distribute the final statement to all taxpayers with tax forms sent by the IRS. Amends the Inspector General Act of 1978 and other Federal law to establish within the Department of the Treasury an Office of Inspector General. Transfers to such Office the existing audit and investigation units of the Department. Prohibits the Inspector from reviewing: (1) monetary, fiscal, and tax policy; and (2) the exercise of legal judgment in the investigation and litigation of cases. Authorizes the Secretary to: (1) withhold from the Inspector requested information that the Secretary determines will jeopardize the success of an ongoing investigation or litigation, confidential sources, or the national security; and (2) prohibit the Inspector from undertaking or continuing an audit or investigation under limited circumstances described in this Act. Requires the IRS, upon taxpayer request, to conduct any interview regarding a deficiency assessment at a reasonable time and place convenient to the taxpayer and to the IRS, and to permit the taxpayer, at his or her own expense, to record the interview. Authorizes the IRS interviewer to record such interview if the taxpayer has been given prior notice and is provided, upon request and payment of reproduction costs, with a transcript of the recording. Requires the interviewer to warn the taxpayer that: (1) he or she has a right to remain silent; (2) any statement the taxpayer makes may be used against him or her; and (3) he or she has the right to the presence of an attorney, certified public accountant, enrolled agent, or enrolled actuary. Permits a waiver of such rights if voluntarily and knowingly made. Amends Federal law to require the Comptroller General of the General Accounting Office to: (1) conduct audits of the IRS with respect to the efficiency, uniformity, and equity of the internal revenue laws (current law specifies no particular focus for such audits); and (2) conduct special audits or investigations of internal revenue law administration upon the request of any congressional committee or Member of Congress. Requires the Comptroller's annual report to the Congress to include specified findings concerning IRS management, efficiency, procedures, and structure. Divests of its finality a vote of the Joint Committee on Taxation to disapprove a Comptroller audit of the IRS. Designates such vote as a recommendation to disapprove an audit and makes such recommendation subject to congressional approval. Prohibits evaluations of IRS personnel based on revenue collected from taxpayers as a result of audits or investigations involving such personnel. Amends the Internal Revenue Code to prescribe criminal penalties for: (1) any investigation by an officer or employee of the United States in connection with Federal tax laws that inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Creates a civil cause of action in Federal court (regardless of the amount in controversy) for any taxpayer aggrieved by such prohibited investigation or recordkeeping. Authorizes both equitable remedies and awards of damages, including punitive damages, litigation costs, and reasonable attorney fees, in such cases. Extends from ten to 30 days the period between the required notice to a person who neglects or refuses to pay tax liability and a levy on such person's salary, wages, or other property. Specifies information that must be incorporated in such notice, including possible alternative actions and the appropriate appeals procedures. Adds to the circumstances triggering termination of such a levy: (1) an agreement between the taxpayer and the Secretary for payment of the liability; and (2) the Secretary's determination that the taxpayer's financial condition precludes enforceability of the liability. Revises the list of property exempt from levy to: (1) increase the exempt amount permitted for certain personal effects, the property of a business, and wages; (2) add an exemption for certain deposits in qualified institutions; and (3) provide an express exemption, except under limited circumstances specified in this Act, for the taxpayer's principal residence, a motor vehicle used by the taxpayer as the primary means of transportation to work, and any tangible personal property essential to the operation of the taxpayer's business in cases when a levy would prevent the taxpayer from carrying on such business. Prohibits a levy on any property when levy and sales expenses would exceed either the liability for which the levy is made or the fair market value of the levied property. Sets forth situations in which the Secretary must release a levy. Applies to jeopardy levies the administrative and judicial review procedures currently applicable to jeopardy assessments. Authorizes the Secretary, in certain cases, to enter into a binding agreement with a taxpayer under which such taxpayer may pay tax liability in installments. Requires the Secretary to offer in writing to enter such an agreement with any individual: (1) whose tax liability is $20,000 or less; and (2) who has not been delinquent in installment tax payments under similar agreements during a specified period. Permits the Secretary, after proper notice and a hearing, to modify or annul such an agreement upon the finding that the financial condition of the affected taxpayer has significantly changed. Requires the Secretary to abate in full any deficiency, including penalty or interest, completely attributable to erroneous advice in writing given to a taxpayer by an IRS officer or employee in response to such taxpayer's specific inquiry. Directs IRS officers and employees, when giving oral advice to a person, to inform such person that the contents of such communication are not binding on the IRS. Authorizes the IRS Ombudsman, upon application filed by a taxpayer, to issue a Taxpayer Assistance Order if, in the determination of the Ombudsman: (1) the taxpayer is suffering or is about to suffer from an unusual or irreparable loss as a result of the manner in which the internal revenue laws are being administered by the Secretary; and (2) the Secretary has failed to carry out any of his or her duties or has violated any provision of law. Allows the terms of a Taxpayer Assistance Order to require the Secretary to release property of the taxpayer levied upon or to cease or refrain from certain actions. Requires the Secretary to obey any Taxpayer Assistance Order issued by the Ombudsman. Allows an administrative appeal of tax liens. Revises the criteria according to which the Secretary determines a minimum sale price for property seized by levy and subject to a tax sale. Prohibits the Secretary from authorizing a class audit of taxpayers in a particular business or trade until each group member is given proper notice and the opportunity either to file an amended return or to challenge the Secretary's findings at a hearing. Places upon the IRS the burden of proof on all issues in all administrative and judicial proceedings between the IRS and a taxpayer. Applies the rulemaking provisions of the Administrative Procedure Act to all IRS rules and regulations prescribed by the Secretary.
United States · United States Congress · 26 February 1987
Designates the week of October 11 through October 17, 1987, as National Job Skills Week.
United States · United States Congress · 26 February 1987
Designates jazz as a national American treasure.
United States · United States Congress · 23 February 1987
Authorizes and requests the President to designate March 21, 1987, as Afghanistan Day.
United States · United States Congress · 19 February 1987
Textile and Apparel Trade Act of 1987 - Limits the 1987 imports of textiles and textile products classified under a category to an amount equal to 101 percent of the total 1986 imports classified under such category. Limits the 1987 imports of nonrubber footwear classified under a nonrubber footwear category to an amount equal to: (1) the total 1986 imports of nonrubber footwear classified under such category; and (2) in the case of low priced nonrubber footwear, the total 1986 imports of low priced nonrubber footwear classified under such category. Provides for a one percent annual growth in the amount of permitted imports of textiles and textile products after 1987. Authorizes the President to: (1) enter into trade agreements to grant new concessions as compensation, to the extent required under U.S. trade agreements for the import limits imposed by this Act; and (2) proclaim such modification or continuance of any existing duty on textiles and textile products and on nonrubber footwear as necessary to carry out such agreements. Prohibits the President from reducing any rate of duty by more than ten percent. Requires the President, before entering into such trade agreements, to consider whether such country has violated trade concessions of benefit to the United States and such violation has not been adequately offset by U.S. action or by the action of such country. Sets forth requirements governing staged rate reductions in the tariffs of articles affected by this Act. Prohibits the President, except as authorized by this paragraph, from entering into trade negotiations with any country with respect to duties on textiles, textile products, and nonrubber footwear. Prohibits the President, except as provided in this paragraph, from decreasing or proposing a decrease in any such duty by any means, including an implementing bill or a proclamation. Requires the President to report annually to the Congress on the administration of this Act. Requires the Secretary of Commerce, ten years after enactment of this Act, to study and report to the Congress on the operation of this Act.
United States · United States Congress · 19 February 1987
Civil Rights Restoration Act of 1987 - Amends title IX (Prohibition of Sex Discrimination) of the Education Amendments of 1972 to define the phrase "program or activity" and the term "program" to mean all of the operations of the following entities, any part of which is extended Federal financial assistance: (1) a department, agency, special purpose district, or other instrumentality of a State or local government; (2) a State or local government agency which distributes such assistance and the agency or department to which such assistance is extended; (3) a college, university, or other postsecondary institution, or public system of higher education; (4) a local educational agency, system of vocational education, or other school system; and (5) a corporation, partnership, or other private organization. States that such terms do not include any operation of an entity which is controlled by a religious organization. Amends the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Civil Rights Act of 1964 to define the phrase "program or activity" to mean all of the activities of the aforementioned entities.
United States · United States Congress · 19 February 1987
Fair Housing Amendments Act of 1987 - Amends specified Acts to rename them the Civil Rights Act of 1968 and the Fair Housing Act. Amends the Fair Housing Act to make it unlawful to: (1) refuse to sell or rent a dwelling to an individual because that individual, or someone associated with that individual, is handicapped; (2) discriminate against a handicapped individual in the conditions of sale or rental, or in the provision of a related service or facility; (3) refuse to permit reasonable modifications, at the expense of the handicapped person, to permit access to the premises; or (4) refuse to make reasonable accommodations in rules, policies, or services to afford handicapped individuals equal use and enjoyment of a dwelling. Makes it unlawful for anyone engaged in residential real estate-related transactions to discriminate in the provision or terms of a transaction because of race, color, religion, sex, handicap, familial status, or national origin. States that nothing in this Act limits the applicability of any reasonable local, State, or Federal restrictions on the maximum number of occupants permitted to occupy a dwelling unit. States that nothing in this Act regarding familial status applies to any State or Federal program aimed at assisting the elderly. Establishes new administrative enforcement authority in addition to existing enforcement provisions. Directs the Secretary of Housing and Urban Development to transmit an annual report to the Congress on the progress made in eliminating discriminatory housing practices. Allows an aggrieved person to file a complaint with the Secretary alleging a discriminatory housing practice. Allows the Secretary to file such a complaint on his own initiative or investigate a housing practice to determine whether such a complaint should be brought. Requires the Secretary to attempt to correct the discriminatory practice by informal methods of conciliation. Requires the Secretary to refer matters to the Attorney General, recommending that civil actions be filed, where a respondent has failed to comply with conciliation agreements. Allows the Secretary to refer matters to the Attorney General for prompt judicial action when necessary. Makes certain changes in the current requirements for referring charges to State or local agencies for investigation and enforcement. Specifies the elements of "substantial equivalency" which permit certification and referrals of discrimination charges. Permits the Secretary to file an administrative complaint or refer the matter to the Attorney General for civil action if the investigation supports a finding of reasonable cause, except with respect to matters involving land use control, which must be referred. Specifies the hearing procedures to be utilized if an administrative complaint is issued. Permits criminal penalties of up to a $100,000 fine and/or imprisonment for not more than one year for noncompliance with subpoenas or other lawful orders. Permits the administrative law judge to award appropriate relief, including punitive damages. Permits the filing of a petition for review of a final order in an appropriate court of appeals within 30 days of service of such order. Permits any prevailing party to be awarded reasonable attorney's fees. Makes certain revisions in the private right of action for aggrieved persons. Extends the statute of limitations from 180 days to two years. Disallows simultaneous administrative and judicial proceedings involving the same charge. Allows the Attorney General to intervene upon certification that the civil action is of general public importance. Continues the authority of the Attorney General to initiate civil actions where there is reasonable cause to believe that a pattern or practice of resistance to fair housing rights has occurred. Permits the Attorney General to commence a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint. Describes the types of relief which may be granted in civil actions under such Act.
United States · United States Congress · 19 February 1987
Designates the month of May 1987 as National Foster Care Month.
United States · United States Congress · 19 February 1987
Designates the month of April 1987 as National Child Abuse Prevention Month.
United States · United States Congress · 19 February 1987
Authorizes and requests the President to designate May 3 through May 10, 1987, as Jewish Heritage Week.
United States · United States Congress · 19 February 1987
Authorizes and requests the President to designate the last Friday of April each year as National Arbor Day.
United States · United States Congress · 19 February 1987
Designates the week beginning May 10, 1987, as National Fetal Alcohol Syndrome Awareness Week.
United States · United States Congress · 19 February 1987
Expresses the sense of the Congress that the administration should: (1) oppose the establishment of a tax on vegetable and marine fats and oils in the European Community; (2) continue its efforts to ensure that such a tax is not established; and (3) notify the European Community that the United States will view establishment of such a tax as inconsistent with the European Community's obligations under the General Agreement on Tariffs and Trade and as an action that will result in the adoption of strong and immediate countermeasures.
United States · United States Congress · 17 February 1987
Designates the week beginning on July 27 and ending on August 2, 1987, as National Czech American Heritage Week.
United States · United States Congress · 5 February 1987
Designates September 18, 1987, as National POW/MIA Recognition Day.
United States · United States Congress · 3 February 1987
Designates the week of November 22 through November 29, 1987, as National Family Caregivers Week.
United States · United States Congress · 2 February 1987
Retail Competition Enforcement Act of 1987 - Amends the Sherman Act to set forth evidentiary standards for price-fixing actions. Provides that evidence that a seller of a good or service terminated the claimant as a buyer or refused to supply the claimant as a result of a competitor's communication regarding price competition shall be sufficient to infer that such seller and competitor engaged in concerted action to fix prices. Provides that the fact that a seller and a buyer entered into an agreement to establish the resale price of a good or service shall be sufficient to establish that such seller and buyer engaged in concerted action to fix prices.
United States · United States Congress · 2 February 1987
Gives special recognition to the achievements of wilderness ecologist Aldo Leopold. Urges Federal land management agencies to model their activities after the conservation ethic he inspired.
United States · United States Congress · 29 January 1987
SALT II Sublimit Mutual Restraint Act of 1987 - Prohibits, within 60 days after enactment of this Act, the obligation or expenditure of funds through December 31, 1987, which would cause the United States to exceed the numerical sublimits on strategic launchers and platforms contained in the SALT II Treaty. Requires the President, within 30 days after enactment of this Act, to notify the Congress of his plans for carrying out this provision. Directs the President, by October 15, 1987, to report to the Congress concerning dismantling actions taken by the United States and the Soviet Union to comply with the SALT II numerical sublimits. Reaffirms the sense of the Congress that it is in U.S. national security interests to comply with the numerical sublimits of the SALT II Treaty as long as the Soviet Union does likewise. Encourages the President to pursue restraints on offensive nuclear forces with the Soviet Union until a new comprehensive nuclear arms agreement is concluded. Waives all such numerical compliance if the President notifies the Congress, with an accompanying report, that the Soviet Union has exceeded the numerical sublimits.
United States · United States Congress · 29 January 1987
Expresses the sense of the Senate that the President is requested to: (1) support funding for Amtrak at a level that will enable it to continue to operate a national railway system and to continue to improve its financial performances and service levels; and (2) direct the Secretary of Transportation and the Administrator of the Federal Railroad Administration to work with Amtrak management to lower Amtrak's dependence on public funding and to assign the highest priority possible to safety.
United States · United States Congress · 21 January 1987
Authorizes the President to call a White House Conference on Library and Information Services, to be held not later than 1989, to develop recommendations for improvement of such services and their public use. Requires that the Conference be planned and conducted by the National Commission on Libraries and Information Sciences. Authorizes the Librarian of Congress, the Director of the National Library of Medicine, and the Director of the National Agricultural Library, upon request, to detail personnel to the Commission. Requires the Conference to submit a final report to the President within 120 days following its close. Directs that the final report be made public, and within 90 days after receipt by the President transmitted to the Congress with recommendations. Establishes an advisory committee to assist in planning and conducting the Conference. Includes among its appointed members the Secretary of Education and the Librarian of Congress. Authorizes appropriations as necessary.
United States · United States Congress · 21 January 1987
Designates the week of September 21 through September 27, 1987, as National Historically Black Colleges Week.
United States · United States Congress · 21 January 1987
Designates January 28, 1987, as National Challenger Center Day. (The Challenger Center is an institution offering children and teachers activities and information derived from American space research.)
United States · United States Congress · 20 January 1987
Prompt Payment Act Amendments of 1987 - Revises Federal law to deem the head of a Federal agency to have received an invoice on the later of: (1) the date on which the designated office or employee of an agency actually receives it; or (2) the fifth day after the date on which a property is actually delivered, or final performance of a service is actually completed, unless the contract specifies otherwise. Makes Federal prompt payment provisions applicable to the United States Postal Service. Makes the Postmaster General responsible for issuing procurement regulations, solicitation provisions, and contract clauses. Reduces the 15-day grace period for payment of interest penalties to eight days for solicitations (other than meat products and agricultural commodities) issued before October 1, 1990. Eliminates such grace period for procurement solicitations issued on or after October 1, 1990. Requires an agency to pay a double interest penalty if: (1) the agency owes the interest penalty; (2) the interest penalty is not paid to the business concern on or after the date the penalty is due; (3) the agency does not pay the penalty within ten days after such payment is made; and (4) a written demand is made within 40 days after such payment is made. Requires regulations on interest penalties, in the case of construction contracts, to provide for the payment of interest on: (1) progress payments due for more than seven days, or a longer period if the prevailing practice in private construction contracts is to provide such longer period; and (2) amounts retained during the performance of a contract, if such amounts are not paid by the required payment date. Requires regulations on interest penalties to provide for periodic payments in the case of supply or service contracts upon: (1) the submission of an invoice for supplies delivered or services performed; and (2) acceptance of supplies or services by an authorized employee or certification of performance by such an employee. Requires Government construction contractors to include a payment provision in their agreements with their subcontractors which provides for payment in accordance with prevailing industry standards. Requires the contractor to pay a late payment interest penalty to the subcontractor at the rate applicable between the prime contractor and the Government. Declares that a prime contractor's obligation to pay an interest penalty to a subcontractor may not be construed to be an obligation of the United States. Specifies the calculation of time for interest penalties on discount payments. Revises agency reporting requirements on interest penalty payments to include a description of agency payment practices. Requires the modification of the Federal acquisition regulation to implement Federal prompt payment provisions.
United States · United States Congress · 6 January 1987
Senatorial Election Campaign Act of 1987 - Amends the Federal Election Campaign Act of 1971 to provide for spending limits and public financing for Senate general elections. Sets forth eligibility requirements for such public financing, including: (1) that a candidate raise contributions of a specified amount; (2) that a percentage of such contributions be made by the candidate's constituents; (3) that at least one other candidate has qualified for the same general election; and (4) that the candidate and the candidate's committees agree to abide by provisions of this Act. Limits personal expenditures to $20,000 and overall spending to $600,000 plus 25 cents multiplied by the voting age population of the State involved. Establishes formulae for determining entitlements of candidates of a major party and for those not of a major party. Entitles candidates to certain broadcast media rates. Provides for additional payments and suspension of spending limits in cases of non-participating candidates and their committees exceeding spending limitations. Requires the Federal Election Commission to certify the eligibility of candidates to the Secretary of the Treasury in order for such candidates to receive payments. Requires the Secretary to maintain in the Presidential Election Campaign Fund the Senate Election Campaign Fund for the deposit of funds for payments to eligible candidates. Directs the Commission, after each election, to audit the campaign expenses of publicly financed candidates. Requires such candidates to repay any excess amounts received. Subjects Commission actions under this Act to judicial review by the United States Court of Appeals for the District of Columbia Circuit. Directs the Commission to report to the Senate after each election on actions taken under this Act. Authorizes appropriations to the Commission as necessary. Amends the Internal Revenue Code to increase the amount an individual may designate to the Presidential Election Campaign Fund from $1 to $2 (and in the case of joint returns, from $2 to $4). Establishes reporting requirements for Senate candidates relating to spending limitations, candidacy eligibility, and independent expenditures. Decreases, from $5,000 to $3,000, the amount a multicandidate political committee may contribute to an individual candidate or to any other political committee. Limits the overall contributions that a multicandidate political committee can make to candidates in general elections to the House of Representatives and the Senate. Limits contributions to a national political party by all contributing multicandidate political committees to $2,000,000 in any two-year election cycle. Provides for the accountability of contributions made by intermediaries or conduits to political action committees. Describes circumstances where an expenditure shall not constitute an independent expenditure for purposes of this Act. Requires, when independent expenditures are made for television broadcast communications, that a statement appear continuously during such broadcast showing the name of the person or committee making such expenditure. Requires any other type of general public communication to include such statement. Prohibits political committees of foreign nationals from making campaign contributions. Prohibits the use of campaign contributions to repay loans by a candidate to himself for herself or to his or her authorized committees.
United States · United States Congress · 6 January 1987
American Conservation Corps Act of 1987 - Establishes the American Conservation Corps. Directs the Secretaries of the Interior and of Agriculture (Secretaries) to promulgate regulations to implement such Corps. Sets forth the scope of projects the Corps may carry out, including conservation of wildlife habitat, energy conservation, urban revitalization, and road maintenance. Limits projects to public or Indian lands unless public benefit can be documented. Specifies that State agencies or Indian tribes may apply for participation in the program. Requires the appropriate State Job Training Coordinating Council to comment on each proposed project. Requires applications to describe program goals, specify the number of enrollees necessary, and the kinds of facilities and equipment necessary. Authorizes the Secretaries of the Interior, Labor, and Agriculture to jointly develop regulations for joint projects, including funding under this Act and funding under the Job Training Partnership Act. Authorizes agreements with the Secretary of Defense to assist the military with projects under this Act. Limits enrollment in the Corps to unemployed U.S. citizens or nationals between the ages of 16 and 25, with special emphasis on the economically, socially, physically, or educationally disadvantaged. Sets forth special rules for programs limited to the summer months. Requires program directors to establish and enforce standards of conduct. Requires program agencies to provide necessary facilities and services. Authorizes the Secretary of the Interior and of Agriculture to provide such services and facilities, including surplus food and equipment. Requires enrollees to pay a reasonable portion of the cost of room and board. States that enrollees are not Federal employees except for workers' compensation purposes. Permits the use of volunteers for carrying out this Act if a program agency already has the authority to use volunteer services, including the Tennessee Valley Authority. Sets forth rates of pay and stipends. Directs the Secretaries and the Chiefs of the program agencies to coordinate activities under this Act with related activities. Requires the Secretaries to provide guidance in securing academic credit or skills certification for program enrollees. Directs the Secretary of the Interior to evaluate the conduct of the program. Directs such Secretary to study and report to the Congress on Civilian Conservation Corps sites to select a site to commemorate such Corps. Provides limited funds for academic study by enrollees during nonworking hours. Requires program agencies to provide job guidance and placement. Directs the Secretaries to report annually to the Congress on this Act's activities. Requires the Secretary of Labor to make labor market information available to such Secretaries and the program agencies. Entitles Federal employees and other employees displaced by enrollees under this Act to appeal or protest as specified. Authorizes and earmarks appropriations. Sets forth criteria for grant distribution to program agencies.
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
Designates the month of November 1987 as National Alzheimer's Disease Month.
United States · United States Congress · 6 January 1987
Designates the week beginning the second Saturday of June of each year as National Dairy Goat Awareness Week.
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 · 8 October 1986
Directs the Secretary of the Interior, acting through the Director of the National Park Service, to establish and administer a revolving loan fund to assist the redevelopment project of the Auburn Area Revitalization Committee for the Martin Luther King, Jr., National Preservation District, Atlanta, Georgia.
United States · United States Congress · 6 October 1986
Designates March 16, 1987, as Freedom of Information Day.
United States · United States Congress · 30 September 1986
Waives time limitations on the claims of 16 named individuals against the United States arising out of a fire and explosion at a specified corporation's facility near Woodbine, Georgia.
United States · United States Congress · 25 September 1986
Declares that the House of Representatives denounces Yasuhiro Nakasone, the Prime Minister of Japan, for his derogatory and racist statements with respect to the intelligence of American blacks and Hispanics. Expresses the sense of the House of Representatives that the President should retract U.S. acceptance of Nakasone's explanation for the statements and demand that he retract such statements and offer the United States a formal apology.
United States · United States Congress · 17 September 1986
Credit Card Account Holder Protection Act - Amends the Truth in Lending Act to declare that the rate used to compute the finance charge imposed for any period on any credit extended through the use of a credit card shall not exceed: (1) the maximum annual percentage rate for the calendar quarter during which such period begins; divided by (2) the number of such periods which begin during the calendar year in which such calendar quarter occurs. Sets forth a formula for the determination of the maximum annual percentage rate, based on the average annual percentage yield on three month obligations of the United States issued by the Secretary of the Treasury during the calendar month preceding the third month of each calendar quarter. Requires disclosure of finance charge information on any: (1) application to open any open end consumer credit plan; or (2) solicitation by a creditor offering to open such an account without requiring an application. Requires certain information to be disclosed in a tabular format prescribed by the Federal Reserve Board. Prohibits the imposition of a finance charge on any credit card account before the end of a 25-day grace period beginning on the last day of the billing cycle during which a transaction was completed. Preempts any State laws that: (1) permit the use of a finance charge rate in excess of the one required by this Act; or (2) permit or require the imposition of a finance charge before the end of the 25-day grace period.
United States · United States Congress · 17 September 1986
Amends the Congressional Budget Act of 1974 to provide that it shall not be in order for either House of Congress to consider any legislation which would impose any requirement on State or local governments which is likely to result in an annual cost to such governments of $50,000,000 or more for any particular program, project, or activity, except for legislation which complies with any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the report of the Committee on the Budget of each House accompanying the concurrent resolution on the budget to identify changes in federal aid programs for State and local governments on a program-by-program basis.
United States · United States Congress · 10 September 1986
Georgia Wilderness Act of 1986 - Designates the following lands in the Chattahoochee National Forest, Georgia, as components of the National Wilderness Preservation System: (1) the Raven Cliffs Wilderness; (2) the Brasstown Wilderness; (3) the Tray Mountain Wilderness; (4) the Rich Mountain Wilderness; and (5) the Cohutta Wilderness.
United States · United States Congress · 10 September 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 · 9 September 1986
Designates the week beginning November 30, 1986, as National Home Health Care Week.
United States · United States Congress · 8 September 1986
Omnibus Drug Enforcement, Education, and Control Act of 1986 - Title I: Committee on Foreign Affairs - International Narcotics Control Act of 1986 - Subtitle A: International Narcotics Control Assistance Programs - Amends the Foreign Assistance Act of 1961 to increase the FY 1987 authorization for aid for international narcotics control. Permits certain additional funds to be appropriated for FY 1987 only if the President has submitted to the Congress: (1) a budget request for such funds; and (2) a plan showing how such funds will be used. Requires that a specified amount of the FY 1987 military assistance authorization be available to provide aircraft to countries receiving such assistance for narcotics control eradication and interdiction efforts. Earmarks at least half of such funds for aircraft based in Latin America. Requires such aircraft to be made available to foreign countries only on a lease or loan basis. Requires the Secretary of State to maintain detailed records on the use of such aircraft. Requires that a specified amount of the FY 1987 military assistance authorization shall be available for education and training in the operation and maintenance of aircraft used in narcotics control interdiction and eradication efforts. Earmarks a specified amount of the FY 1987 international narcotics control assistance for research, development, and testing of safe and effective herbicides for use in aerial eradication of coca. Requires the Comptroller General to investigate and report to the Congress on the effectiveness of the international narcotics control assistance program. Subtitle B: Improving Law Enforcement and Other Narcotics Control Activities Abroad - Requires the President's annual report to the Congress on the international strategy to prevent cultivation and trafficking in narcotics to include a discussion of the extent to which each source country has cooperated with U.S. narcotics control efforts through the extradition or prosecution of drug traffickers and a description of the state of negotiations on updated extradition treaties. Commends the decision of the Secretary of State to issue diplomatic passports to officials and employees of the Drug Enforcement Administration. Requires the Secretary to report to the Congress before changing such policy. Prohibits participation by any U.S. officer or employee in direct narcotics arrest actions in foreign countries. Allows the Secretary to designate countries where a limited exemption from such prohibition may apply. Permits such direct action to protect life or safety. Requires the executive branch to establish expeditiously the information sharing system that will list all drug arrests of foreign nationals in the States as required by the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987. Requires the executive branch to report to the Congress when the system is established. Urges the President to require that greater priority be given to the collection and sharing of information concerning narcotics related activities abroad. Requires the President to order the preparation of an updated threat assessment of narcotics trafficking from Africa. Requires the President to take steps to improve the capability of the executive branch to: (1) collect information concerning links between narcotic traffickers and acts of terrorism abroad; and (2) develop means to respond to the threat which those links pose. Requires the President to report to the Congress on such steps. Requires that a specified amount of the FY 1987 administration of justice program authorization be used to provide Colombia (and other countries in the region) assistance to protect judicial or other officials who are targets of narcoterrorist attacks. Urges the Secretary to increase efforts to negotiate with relevant countries procedures to facilitate the interdiction of vessels suspected of carrying illicit narcotics. Directs the President to take appropriate actions, including denial of access to U.S. ports, if a country refuses to negotiate interdiction procedures. Requires the Secretary to submit semiannual reports to the Congress identifying countries that fail to negotiate such procedures. Provides that the Secretary of Defense, the Attorney General, and the Secretary of State shall jointly determine when armed forces personnel are needed to provide law enforcement assistance (in enforcing specified customs and drug laws and the Immigration and Nationality Act) activities abroad. Subtitle C: Development and Illicit Narcotics Production and Trafficking - Requires the Secretary of State, with the assistance of the Secretary of Agriculture, to consult with authorities of the Government of Mexico on the development and implementation of a program to assist agricultural producers in Mexico to substitute the production of narcotic crops with other selected crops. Directs the Secretary of Agriculture to conduct research to identify substitute crops. Requires the annual report on foreign aid programs to contain a description of the development programs (other than narcotics control programs) dealing with illicit narcotics production. Subtitle D: Drug Education Programs Abroad - Authorizes additional appropriations for the U.S. Information Agency for FY 1987 which shall be available only for increasing drug education programs abroad. Authorizes additional appropriations for development assistance programs for FY 1987 which shall be used for additional activities aimed at increasing awareness of the effects of production and trafficking of illicit narcotics on sources and transit countries. Requires the Director of the U.S. Information Agency and the Director of the Agency for International Development to include in their annual reports to the Congress a description of the drug education programs carried out by their respective agencies. Subtitle E: United Nations Activities Relating to Drug Narcotics Control - Declares congressional support for the United Nations General Assembly decision to convene in 1987 an International Conference on Drug Abuse and Illicit Trafficking. Calls upon the President to appoint the head of the U.S. delegation well in advance of the conference and ensure that necessary resources are available for U.S. preparation and participation. Requires the President to report to the Congress by April 30, 1987, on the status of U.S. preparation for the conference. Calls for the conduct of a study of the effectiveness of the United Nations drug-related declarations, conventions, and entities. Requires the President to report any recommendations which result from such study to the Congress. Urges the United Nations Commission on Narcotic Drugs to complete work as soon as possible on a new draft convention against illicit traffic in narcotic drugs and psychotropic substances. Calls for more effective implementation of existing conventions relating to narcotics. Subtitle F: Provisions Relating to Specific Countries - Requires a specified amount of the narcotics control assistance for Mexico for FY 1987 to be withheld until the President reports to the Congress that Mexico has investigated the 1985 murders of a Drug Enforcement Agency agent and his pilot and has brought to trial and is effectively prosecuting those responsible. Requires the Secretary of State to submit monthly reports to the Congress on the illicit drug eradication program in Mexico. Urges the President to direct the Secretary to enter into negotiations with the Government of Mexico to create a Mexico-United States Intergovernmental Commission on Narcotics and Psychotropic Drug Use and Abuse. Requires the Secretary to report to the Congress within 90 days of enactment of this Act on progress in establishing such a commission. Urges Pakistan to adopt and implement a comprehensive narcotics control program. Requires the Secretary to report to the Congress within 60 days of enactment of this Act on the adoption and implementation of such a program. Calls upon the President to instruct the U.S. Ambassador to the United Nations to request that the problem of illict drug production in Iran, Afghanistan, and Laos be raised at the International Conference on Drug Abuse and Illicit Trafficking. Title II: Committee on Armed Services - Defense Narcotics Act of 1986 - Expresses the sense of the Congress that the President should: (1) apply the full measure of executive power against the introduction of controlled substances into the United States; and (2) expand the role of the armed forces in the war on illegal drugs. Directs the Secretary of Defense to acquire, for drug enforcement activities, aircraft (including Blackhawk helicopters), and seven radar aerostats. Directs the Secretary to make such aircraft and radar aerostats available to U.S. agencies designated by the Chairman of the National Drug Enforcement Policy Board. Requires that a specified amount of the FY 1987 Navy authorization be transferred to the Secretary of Transportation to be made available for Coast Guard personnel assigned to duty on naval vessels. Increases such personnel by 500. Allows the Secretaries of Defense and Transportation to assign specially trained members of the Coast Guard to duty on naval vessels for drug enforcement purposes. Allows the Secretary of Defense to assign Defense Department personnel, upon request, to provide enforcement assistance to officials of foreign nations. Directs the President to submit a report to the Congress describing the appropriate role of the armed forces in interdicting illegal drugs and participating in the national effort to control and reduce drug abuse. Increases the strength of the Coast Guard Reserve. Directs the Secretary of Defense to establish: (1) a comprehensive anti-drug abuse programs for members of the armed forces and civilian personnel of the Department of Defense; and (2) a drug abuse education curriculum and program for elementary and secondary schools. Amends the Uniform Code of Military Justice to include driving under the influence of drugs as an offense. Title III: Committee on Ways and Means - Drug Smuggling Enforcement Act of 1986 - Subtitle A: Amendments of the Tariff Act of 1930 - Part I: General Provisions - Amends the Tariff Act of 1930 to prohibit the importation into the United States of any drug paraphernalia (except paraphernalia intended for medical or scientific needs imported under regulations prescribed by the Attorney General). Requires the master of any vessel arriving at any U.S. or Virgin Island port to report such arrival at the nearest customs facility if such vessel is: (1) from a foreign port or place; (2) a foreign vessel from a domestic port; or (3) a U.S. vessel carrying bonded merchandise or foreign merchandise for which entry has not been made. Requires vehicles arriving in the United States to enter only at designated border crossing points. Requires the person in charge of such vehicle to report the arrival of such vehicle, and present the vehicle and all persons and merchandise on board for inspection, to the customs officer. Requires the pilot of any aircraft arriving in the United States or the Virgin Islands from any foreign airport or place to comply with the advance notification, arrival reporting, and landing requirements prescribed by the Secretary of Transportation. Prohibits the departure of such vessels or aircraft from U.S. or Virgin Island ports or airports or of such vehicles from the United States, or the discharge of passengers or merchandise, except in accordance with regulations prescribed by the Secretary. Imposes penalties for violations of the arrival, reporting, or entry requirements. Increases the fine for the unauthorized unloading of passengers. Sets forth reporting requirements for individuals arriving in the United States. Prohibits the departure of such individuals until authorized by a customs official. Imposes penalties for violations of such reporting requirements. Repeals the current penalties for failure to report or file a manifest upon arrival in the United States. Authorizes the issuance of summonses for records pertaining to merchandise the importation of which into the United States is prohibited. Increases the penalties for: (1) filing a false manifest; (2) failing to file a complete manifest; or (3) carrying illegal drugs. Repeals the prepenalty procedures in such cases. Increases the penalties for illegal unloading and transshipment. Makes aviation smuggling unlawful. Prohibits the at sea transfer of prohibited merchandise between U.S. owned aircraft and vessels. Prohibits the at sea transfer of prohibited merchandise between aircraft and vessels, regardless of the nationality of either, where the intent is to smuggle the merchandise into the United States. Imposes penalties, including seizure of the aircraft or vessel, for violations of such anti-smuggling provisions. Specifies certain acts that, if engaged in within 250 miles of the U.S. territorial seas, shall be: (1) presumed to indicate intent to smuggle; and (2) deemed prima facie evidence that the aircraft or vessel was used in aiding or facilitating such smuggling. Changes the procedures for the seizure and forfeiture of conveyances used in smuggling to require that a common carrier be seized and forfeited under certain circumstances. Authorizes the issuance of search warrants for places suspected of containing: (1) merchandise brought into the United States unlawfully; (2) property which is subject to forfeiture under the customs laws; or (3) articles which are evidence of a customs violation. Authorizes the seizure and forfeiture of smuggled merchandise. Requires that any deposit made in lieu of forfeiture of property seized under customs laws be treated in the same manner as the proceeds of a sale of any forfeited item. Provides that the expenses of a forfeiture proceeding shall be a priority claim in the same manner as court costs. Provides that compensation for informers shall not exceed 25 percent of the amount recovered. (Current law requires such compensation to equal 25 percent of such amount.) Declares that an action to recover a pecuniary penalty is considered to have been commenced when the penalty notice is issued. Authorizes the Secretary to require the production of foreign landing certificates to comply with international obligations. Permits the Secretary to authorize customs officials to exchange information or documents with foreign customs or law enforcement agencies under certain circumstances. Allows the Secretary, when authorized by treaty or executive agreement, to station customs officers in foreign countries to examine persons or merchandise prior to their arrival in the United States. Provides that merchandise seized at a foreign station may be transported to the United States for customs proceedings. Permits the stationing of foreign customs officers in the United States (if similar privileges are extended to the United States). Imposes penalties for making fraudulent statements to such foreign officials. Grants the Secretary certain investigatory powers in relation to: (1) certain reporting requirements on monetary instruments transactions; and (2) the enforcement of the Bank Secrecy Act. Sets forth certain requirements concerning the undercover investigative requirements of the Customs Service. Part II: Customs Forfeiture Fund - Extends the authority of the Customs Forfeiture Fund through FY 1991. Makes such Fund available for: (1) purchases by the Customs Service of evidence of smuggling controlled substances; (2) the equipping for law enforcement functions of any (currently only forfeited) vessel, vehicle, or aircraft available for use by the Customs Service; (3) the reimbursement of private citizens for expenses incurred in cooperating with the Customs Service; and (4) publicizing the availability of rewards. Authorizes appropriations. Subtitle B: Customs Service Authorizations, Miscellaneous Customs Provisions, and Amendments to the Controlled Substances Import and Export Act - Part I: Customs Service Authorizations - Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize FY 1987 appropriations to the Department of the Treasury for the U.S. Customs Service. Part II: Miscellaneous Customs Amendments - Treats any vessel which has received merchandise while in the customs waters beyond the territorial sea or while on the high seas as being from a foreign port for the purposes of certain provisions of the Tariff Act of 1930. Allows any customs official needing assistance in making an arrest, search, or seizure, to demand such assistance from any person. Subjects any person who refuses such assistance without reasonable excuse to criminal penalties. Exempts any person who renders such assistance from liability for civil damages. Part III: Amendments to the Controlled Substances Import and Export Act - Amends the Controlled Substances Import and Export Act to make it unlawful for any person to manufacture or distribute a schedule I or III controlled substance intending or knowing that such substance will be imported into the United States. Makes it unlawful for any United States citizen on board any aircraft, or any person on board any aircraft owned by a U.S. citizen or registered in the United States, to manufacture or distribute or possess with intent to manufacture or distribute a controlled substance. Subtitle C: Denial of Trade Benefits to Uncooperative Drug Source Nations - Narcotics Control Trade Act - Directs the President to designate a country an uncooperative drug source nation if during any fiscal year beginning after September 30, 1986, such country: (1) was a source of any illicit narcotic and psychotropic drugs or other controlled substances that are significantly affecting the United States; and (2) did not cooperate with the United States in preventing such drugs and substances from affecting the United States by taking specified actions. Directs the President to report to the Congress the the name of each such country. Denies the products of each such country most-favored-nation treatment until the President notifies the Congress that such country has made significant progress and will continue to make progress in remedying those policies on which an uncooperative drug source nation designation was based. Title IV: Committee on Merchant Marine and Fisheries - Coast Guard Drug Interdiction and Law Enforcement Act of 1986 - Expresses the sense of the Congress that the Coast Guard: (1) should be given the resources to increase its ability to interdict the illegal transportation of drugs; and (2) is the best qualified Federal agency to carry out drug interdiction on the high seas and U.S. waters. Amends Federal law to provide that the Coast Guard may detect, track, and assist in the seizure of aircraft being used in drug trafficking. Authorizes additional appropriations for the Coast Guard for FY 1987 and 1988 for additional personnel, equipment, and related capital improvements. Title V: Committee on Banking, Finance and Urban Affairs - Subtitle A: Money Laundering - Comprehensive Money Laundering Prevention Act - Amends Federal law to prohibit any person from: (1) causing or attempting to cause a domestic financial institution to file a required coin or currency transaction report containing a material omission or misstatement of fact or to fail to file a required report; or (2) structuring or assisting in structuring a transaction with one or more institutions for the purpose of evading reporting requirements. Authorizes the seizure and forfeiture to the United States of: (1) any transported monetary instrument or any interest in other property (including any deposit in a financial institution) traceable to such instrument when a required report on such instrument has not been filed or contains a material omission or misstatement; and (2) any U.S. coin or currency or any interest in other property traceable to such coin or currency involved in a transaction for which a required report has not been filed, except where the property owner is a bona fide purchaser for value who took without notice of the violation, a depository institution, or a financial institution regulated by the Securities and Exchange Commission. Requires a financial institution to hold property in its possession for 15 days upon receipt of notice of the Secretary of the Treasury's intent to seize such property. Authorizes the appropriate U.S. district court to issue an order authorizing the Secretary to seize such property upon a showing by the Secretary that there is probable cause to believe that such property is subject to forfeiture. Exempts the United States, any financial institution, and any employee of either from liability in connection with such a hold being placed on any property. Provides that a financial institution which fails to hold property after receiving notice shall be liable to the United States for the value of the property the institution failed to hold. Amends the Internal Revenue Code to provide for the enforcement of such seizure and forfeiture authority by internal revenue enforcement officers. Authorizes the Secretary to impose a civil penalty on a person who knowingly or recklessly violates a coin or currency transaction reporting requirement. Limits the penalty to the amount of the coin or currency involved, reduced by any amount already forfeited. Amends the Federal Deposit Insurance Act, the Home Owners' Loan Act of 1933, the National Housing Act, and the Federal Credit Union Act to require each Federal banking regulatory agency to: (1) require insured banks, institutions, savings and loan associations, and credit unions (insured entities) to establish and maintain procedures to assure compliance with monetary transactions recordkeeping and reporting requirements; (2) include in each examination of an insured entity a review of such procedures identifying any problem; and (3) order any entity which has failed to maintain such procedures or correct any reported problem to cease and desist from violating this Act. Prescribes civil penalties for such violations. Amends provisions concerning monetary transactions recordkeeping and reporting requirements to: (1) include within the definition of a "financial institution" any foreign subsidiary or affiliate of such an institution and the U.S. Postal Service when it is carrying out a duty or power of such an institution; and (2) include as a "monetary instrument" any transfer of funds, as the Secretary may prescribe. Amends the Federal Deposit Insurance Act and the National Housing Act to authorize the appropriate regulatory agency to extend the period provided for the review and disapproval of a proposed change in control of an insured bank or savings and loan association two additional times for up to 45 days each time if: (1) the agency determines that the acquiring party has not furnished all required information; (2) the information submitted is substantially inaccurate; (3) the agency has been unable to complete the investigation because of delay caused by the acquiring party; or (4) the agency needs more time to determine that no acquiring party has a record of failing to comply with monetary transaction reporting requirements. Authorizes the Secretary to order any domestic financial institution to obtain certain information, maintain a record, and file a report concerning any transaction involving $3,000 or more in domestic coin or currency. Requires any domestic institution which issues a bank check, cashier's check, traveler's check, or money order in a transaction involving $3,000 or more in domestic coin or currency to: (1) obtain the signature of the person to whom the check or money order is issued; and (2) maintain a record of such transaction which shall include information concerning such person, the check or order, the method of payment, the payee of the check or order, and the aggregate amount of checks or money orders issued to such person on the same day to the extent such amount exceeds $10,000. Institutes other reporting requirements when such aggregate amount exceeds $10,000 or when the person receiving the check or money order refuses to provide information necessary to determine such amount. Requires any information required to be provided to a financial institution to be complete and accurate. Subjects to prescribed civil and criminal penalties any domestic financial institution or any employee, officer, or director thereof who knowingly or recklessly (currently, willfully) violates monetary transaction recordkeeping or reporting requirements. Amends the Right to Financial Privacy Act of 1978 to limit the information a financial institution may provide to a Government authority as relevant to a violation of Federal law or regulations to: (1) the names, addresses, and account numbers of persons; (2) information concerning the persons and acts involved (excluding financial records); and (3) the nature and a description of the violation. Preempts any State or local law that would prohibit such disclosure. Permits any financial institution or supervisory agency to disclose to the U.S. Attorney General, a State law enforcement agency, or the Secretary any financial record of any institution officer, director, employee, or controlling shareholder which is relevant to a possible violation of monetary transactions recordkeeping or reporting requirements or to a possible crime against the institution or supervisory agency by such individual. Grants the Secretary subpoena power in connection with investigations to enforce monetary transactions recordkeeping and reporting requirements. Directs the Secretary, within 30 days after any change in management or control of a financial institution, to review each outstanding exemption to such requirements granted by such institution. Prohibits a person from qualifying for such an exemption unless the relevant financial institution: (1) maintains a statement which contains such person's signature and describes why such person qualifies; and (2) certifies to the Secretary that such person qualifies. Amends the Federal Deposit Insurance Act and the National Housing Act to prescribe civil and criminal penalties for violations of certain recordkeeping requirements imposed on insured banks and institutions. Sets forth time limitations for: (1) the assessment of civil penalties for violations of monetary transactions recordkeeping and reporting requirements; and (2) commencement of civil actions to recover assessed penalties. Amends the Federal Deposit Insurance Act and the National Housing Act to direct the appropriate banking agency, upon receiving notice of a proposed acquisition of an insured bank or savings and loan association, to: (1) investigate the competence, experience, integrity, and financial ability of each person by or for whom the acquisition is to be made; (2) determine the accuracy and completeness of the information contained in such notice; (3) prepare and retain a report of its findings; and (4) publish the name of the bank or association to be acquired and the name of each person for or by whom the acquisition is to be made and solicit public comment on the proposed acquisition, unless such disclosure or solicitation would seriously threaten the safety or soundness of such bank or association. Authorizes any such agency, upon determining that a person has filed inaccurate, incomplete, or misleading information, or has violated other requirements of the Change in Bank Control Act or the Change in Savings in Loan Control Act, to seek injunctive or other equitable relief in the appropriate U.S. district court. Directs the Secretary to: (1) initiate discussions with the central banks or other appropriate governmental authorities of other countries on establishment of an information exchange system to assist the efforts of each country to reduce the international flow of money derived from illicit drug operations and other criminal activities; and (2) report to specified congressional committees within nine months on the results of such discussions. Increases the maximum criminal fine for Bank Secrecy Act violations from $500,000 to $1,000,000 for individuals and not more than $5,000,000 in other cases. Permits the Secretary to issue regulations defining the term "at one time" for purposes of reporting requirements on exporting and importing monetary instruments so that closely related events may be collectively considered to occur at one time. Subtitle B: Multilateral Development Banks - Drug Eradication Act of 1986 - Directs the United States to promote, through the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the African Development Bank, and the Asian Development Bank, the development and implementation of national drug eradication programs in developing countries. Directs the Secretary of the Treasury to instruct U.S. Executive Directors of the multinational development banks to propose that assistance be provided to such countries in developing and implementing such programs. Authorizes the Secretary of State to certify the adequacy of such programs and annually review such programs. Requires the Secretary of the Treasury to instruct the U.S. Executive Directors of the multilateral development banks to: (1) vote against loans to major drug producing countries that have no certified program within one year of enactment of this Act; and (2) propose that their respective banks increase lending for crop substitution programs. Requires the Secretary to include an accounting of the manner and extent of compliance with this Subtitle in its annual report to the Congress. Requires the Secretary to instruct the United States Executive Directors of the multilateral development banks to vote against any loan for the benefit of any major illicit drug producing country when such action is required by: (1) the Drug Eradication Act of 1986; or (2) certain provisions of the Foreign Assistance Act of 1961. Title VI: Committee on the Judiciary - Subtitle A: Money Laundering - Money Laundering Control Act of 1986 - Amends the Federal criminal code to establish money laundering as a Federal offense. Sets forth fines and penalties for anyone who knowingly: (1) engages in a financial transaction in criminally derived property (inapplicable to bona fide attorney fees); (2) engages in a commercial transaction which is part of a scheme to conceal criminally derived property, or disguise the source or ownership of criminally derived property; or (3) transports or attempts to transport a monetary instrument or funds from a place in the United States to or through a place outside the United States, or vice versa, as part of a scheme to conceal criminally derived property, or disguise the source or ownership of criminally derived property. Provides for a fine of not more than $1,000,000 ($5,000,000 if the offender is a person other than an individual), or imprisonment for not more than 20 years, or both. Authorizes components of the Department of the Treasury to investigate such offenses. Establishes criminal and civil forfeiture procedures for the offense of money laundering. Authorizes the use of wiretaps in money laundering investigations. Amends the Right to Financial Privacy Act to make certain changes regarding the disclosure of information by financial institutions. Subtitle B: Designer Drugs - Designer Drug Enforcement Act of 1986 - Amends the Controlled Substances Act to include controlled substance analogs (designer drugs) as a schedule I controlled substance. Subtitle C: More Effective Criminal Penalties - Narcotics Penalties and Enforcement Act of 1986 - Part I: Controlled Substances Penalties - Amends the Controlled Substances Act to modify the threshold quantity and kinds of controlled substances (adding cocaine freebase, controlled substance analogs, and fentanyl analogs) which trigger enhanced penalties. Imposes a mandatory minimum sentence of ten years imprisonment (20 for subsequent offenses) for violations involving a specified large quantity of such substances. Increases the maximum sentence for such violations to 30 years imprisonment and a fine of up to $2,000,000 (life imprisonment and a fine of up to $4,000,000 for subsequent violations). Provides for a fine of up to $5,000,000 ($10,000,000 for subsequent violations) for violations involving a person other than an individual (organization). Specifies lesser penalties for smaller quantities of the same substance. Modifies the penalties for violations involving non-narcotic schedule I or II controlled substances, schedule III and IV and V controlled substances, and certain other substances (including marihuana). Increases the fines for certain Controlled Substances Act violations. Imposes criminal penalties (imprisonment for up to one year and a fine of up to $5,000, up to two years and $10,000 for subsequent violations) for possession of a controlled substance in a special maritime or territorial jurisdiction of the United States. Provides increased criminal penalties (a mandatory minimum sentence of 20 years imprisonment, maximum term of life) for certain Controlled Substances Act violations which result in death or a serious bodily injury. Amends the Controlled Substances Import and Export Act to modify the threshold quantity and kinds of controlled substances which trigger revised enhanced penalties. (Modifies the quantities and kinds of substances to reflect those in the Controlled Substances Act.) Increases the fines for certain Controlled Substances Import and Export Act violations. Provides increased criminal penalties (a mandatory minimum sentence of 20 years imprisonment, maximum term of life) for certain Controlled Substances Import and Export Act violations which result in death or serious bodily injury. Part II: Controlled Substance Offenses Relating to Children and Schools; Precursor and Essential Chemical Review - Imposes enhanced penalties for the manufacture of a controlled substance in or near an elementary or secondary school. (Current law imposes such enhanced penalties only for the distribution of a controlled substance in or near such schools.) Imposes increased penalties for employing persons under 18 years of age to manufacture or distribute a controlled substance. Directs the Attorney General to conduct a study on the need for legislation, regulation, or alternative methods to control the diversion of legitimate precursor and essential chemicals to the illegal production of drugs. Requires the Attorney General to report his findings to the Congress within 90 days of enactment of this Act. Part III: Controlled Substances Technical Amendments - Grants the Attorney General authority to enter into contracts with State and local law enforcement agencies to provide cooperative controlled substances enforcement. Subtitle D: White House Conference - White House Conference on Drug Abuse and Control Act of 1986 - Directs the President to call a White House Conference on Drug Abuse and Control to develop recommendations to prevent drug abuse and make treatment services available to drug abusers and to control the illicit trafficking of controlled substances. Directs the Conference to review: (1) the impact of recently enacted laws on efforts to control trafficking in controlled substances and to prevent drug abuse and treat drug abusers; (2) the recommedations of the President's Commission on Organized Crime as they relate to drug abuse and control of trafficking in controlled substances; (3) the extent to which specified sanctions have been, or should be, used in encouraging foreign states to comply with their international responsibilities respecting controlled substances; and (4) the circumstances contributing to the initiation of illicit drug usage. Requires the Conference to report its findings to the President and the Congress. Subtitle E: Career Criminals - Career Criminal Amendments Act of 1986 - Amends the Federal criminal code to provide increased mandatory penalties for any person who transports firearms or ammunition in interstate or foreign commerce if such person has multiple convictions for serious drug offenses and violent felonies. (Current law provides increased penalties where such person had multiple convictions for robbery and burglary.) Subtitle F: Drug and Alcohol Dependent Offenders Treatment - Drug and Alcohol Dependent Offenders Treatment Act of 1986 - Grants the Director of the Administrative Office of the United States Courts authority to contract with public and private agencies for the detection and treatment of alcohol-dependent and drug-dependent offenders. Amends the Contract Services for Drug Dependent Federal Offenders Authorization Act of 1983 to authorize appropriations for contracts for the supervision of released drug offenders through FY 1989. Subtitle G: Drug Enforcement Enhancement - Drug Enforcement Enhancement Act of 1986 - Authorizes appropriations for FY 1987 to the Department of Justice for: (1) the Drug Enforcement Administration; (2) assistant U.S. attorneys; and (3) U.S. marshals. Authorizes appropriations for: (1) FY 1987 through 1989 for the construction of Federal penal and correctional institutions; and (2) FY 1987 and 1989 for the Federal Prison System. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program for the enforcement of State and local drug laws. Provides that the Federal portion of such programs shall be 50 percent (100 percent if such funds are distributed to Indian tribes which perform law enforcement functions). Sets forth eligibility and application requirements. Sets forth guidelines for the allocation and distribution of appropriated funds. Requires the Governor of each participating State to designate a State office to: (1) prepare the grant application; and (2) administer the funds received. Allows the Administrator of the DEA to make grants to State and local governments for the enforcement of State and local drug laws. Provides that such grants may cover up to 100 percent of the costs of such programs. Sets forth grant application requirements. States that such grants shall not be used for land acquisition or construction projects. Authorizes appropriations for FY 1987 and 1988. Permits the use of funds in the Department of Justice Drug Assets Forfeiture Fund for necessary program-related expenses and for equipping any vessels, vehicles, and aircraft available for official use by the Federal Bureau of Investigation. Authorizes appropriations for such Fund through FY 1988. Allows $10,000,000 (currently $5,000,000) in fund assets to be carried forward and available for appropriations in the next fiscal year. Title VII: Committee on Public Works and Transportation - Transportation Drug Act of 1986 - Amends the Federal Aviation Act of 1958 to permit the States to establish criminal penalties (including forfeiture of aircraft) for certain fraudulent activities regarding aircraft registration. Makes it mandatory for an aircraft operator to make an aircraft's certificate (or registration) available for inspection upon request by any law enforcement officer. Imposes criminal penalties (a fine of up to $25,000, and/or imprisonment for up to five years) for certain violations in connection with the air transportation of controlled substances. Directs the Secretary of Transportation to conduct a study to determine the relationship between the use of controlled substances and highway safety. Requires the Secretary to transmit the results of such study to the Congress. Title VIII: Committee on Education and Labor - Drug Abuse Education and Prevention Act of 1986 - Subtitle A: Establishment of Programs to Improve Drug Abuse Education and Prevention - Establishes a National Advisory Council on Drug Abuse Education and Prevention to: (1) attract and focus national attention on drug-related problems; (2) support and publicize programs of drug abuse education; and (3) advise the Secretary of Education. Directs the Secretary to establish Federal financial assistance programs for drug abuse education and prevention in elementary and secondary schools. Subtitle B: State and Local Programs of Drug Abuse Education and Prevention - Part I: General - Provides for: (1) State allocation of program grant funds; and (2) the allocation of such funds to local and intermediate educational agencies and consortia. Part II: State Programs of Drug Abuse Education and Prevention - Lists the State educational agency uses of such funds. Restricts the amount States may use for administrative costs. Sets forth the grant application requirements. Directs the Governor of each State, from specified reserved funds, to make grants to and enter into contracts with community-based organizations for drug abuse education and prevention programs for school dropouts (and for after school and vacation periods). Part III: Local Programs of Drug Abuse Education and Prevention - Lists the local or intermediate educational agency or consortium uses of such funds. Restricts the amount States may use for administrative costs. Sets forth the local educational agency, intermediate educational agency, or consortium grant application requirements. Subtitle C: Federal Programs of Drug Abuse Education and Prevention - Directs the Secretary to establish a national education and prevention program on drug abuse. Directs the Secretary to provide information on drug abuse education and prevention to the Secretary of Health and Human Services for dissemination by the clearinghouse for alcohol and drug abuse information (established under this Act). Directs the Secretary of Education to conduct a study of the nature and effectiveness of existing Federal, State, and local programs of drug abuse education and prevention. Requires the Secretary to report such findings to the President and the Congress. Directs the Secretary, from specified reserved funds, to make grants to or enter into contracts with institutions of higher education for drug abuse education and prevention programs. Requires that at least half of such funds be used for programs for students, with the remainder to be used for training grants and curricula development programs. Directs the Secretary, from specified reserved funds, to make payments and grants and enter into other financial arrangements for Indian programs of drug abuse education and prevention. Requires the Assistant Secretary of Indian Affairs to provide technical assistance and coordination for such programs. Subtitle D: General Provisions - Sets forth provisions for program participation of children and teachers from nonprofit private schools. Directs the Secretary of Labor to conduct a study on the incidence, severity, and impact of drug abuse at the workplace. Requires the Secretary to report such findings to specified congressional committees. Authorizes appropriations for FY 1987 for such report. Authorizes appropriations for FY 1987 through 1989. Title IX: Committee on Energy and Commerce - Drug Abuse Prevention and Treatment Act of 1986 - Subtitle A: Financial Assistance to States and Communities - Amends title XIX (Block Grants) of the Public Health Service Act to direct the Secretary of Health and Human Services to make allotments to States for: (1) treatment and rehabilitation services for persons suffering from drug abuse; and (2) community-based substance abuse prevention activities for school-aged children. Authorizes appropriations for such allotments. Subtitle B: Agency for Substance Abuse Prevention; Study - Establishes in the Alcohol, Drug Abuse, and Mental Health Administration the Agency for Substance Abuse Prevention. Provides that the Agency shall be headed by a Director who shall: (1) sponsor regional workshops on the prevention of drug and alcohol abuse; (2) coordinate research findings; (3) develop effective drug and alcohol abuse prevention literature; (4) create public service announcements for radio and television broadcasting; (5) support programs of clinical training of substance abuse counselors and other health professionals; (6) in cooperation with the Director of the Centers for Disease Control, develop educational materials to reduce the risks of AIDS among intravenous drug abusers; and (7) administer the allotment program established by this Act. Directs the Secretary to establish a clearinghouse for alcohol and drug abuse information. Establishes an advisory board to advise the Director of the Agency for Substance Abuse Prevention. Directs the Secretary to contract with the Institute of Medicine of the National Academy of Sciences to conduct a study of: (1) the extent to which coverage of drug abuse treatment is provided by private insurance, public programs, and other sources of payment; and (2) the adequacy of such coverage. Subtitle C: Advisory Commission on the Comprehensive Education of Intercollegiate Athletes - Establishes the Advisory Commission on the Comprehensive Education of Intercollegiate Athletes to investigate and advise the Congress regarding issues related to athletic programs at colleges and universities in the United States, including: (1) the use of drugs by athletes; (2) the impact of television on athletics; and (3) the balance between athletics and academics. Requires the Commission to report its findings to the Congress. Authorizes appropriations. Subtitle D: Alkyl Nitrites - States that alkyl nitrites and their isomers shall be treated as a drug for purposes of the Federal Food, Drug, and Cosmetic Act. Title X: Committee on Post Office and Civil Service - Federal Employee Substance Abuse Education and Treatment Act of 1986 - Requires the Office of Personnel Management to be responsible for appropriate prevention, treatment, and rehabilitation programs and services for drug and alcohol abuse among Federal employees. Requires the Office to report to the Congress regarding: (1) the drug and alcohol abuse programs being provided; (2) levels of participation in such programs; (3) the training and qualification requirements of personnel providing such programs and services; (4) training given to supervisory personnel; and (5) recommendations for legislative or administrative action. Directs the Director of the Office of Personnel Management to establish a Government-wide education program for Federal employees regarding drug and alcohol abuse. Requires the head of each executive agency to establish employee assistance programs and services for drug and alcohol abuse for the employees in such agencies. Requires the Office of Personnel Management to prepare guidelines for such programs and services. Directs the Office of Personnel Management to conduct a demonstration project to provide a basis for determining the feasibility and desirability of including certain benefits relating to the treatment of drug and alcohol abuse among those received under the Federal Employees Health Benefits Program. Requires the Office of Personnel Management to submit specified reports to specified congressional committees evaluating such projects. Title XI: Committee on Interior and Insular Affairs - Subtitle A: Indians and Alaska Natives - Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 - Part I: General Provisions - Sets forth the findings, definitions, and purpose of this Act. Part II: Coordination of Resources and Programs - Directs the Secretary of the Interior and the Secretary of Health and Human Services to enter into a Memorandum of Agreement which shall: (1) define the scope of the problem alcohol and substance abuse for Indian tribes and assess its financial and human costs; (2) assess the resources available to combat alcohol and drug abuse among Indian people; (3) establish appropriate standards for each agency's program responsibility; (4) coordinate the Bureau of Indian Affairs and the Indian Health Service alcohol and substance abuse programs; (5) delineate the responsibilities of the Bureau of Indian Affairs and the Indian Health Service to coordinate services; (6) direct the Bureau of Indian Affairs agency and education superintendents and the Indian Health Service unit directors to cooperate; and (7) provide for an annual review of such agreement by the Secretary of the Interior and the Secretary of Health and Human Services. Requires the agreement to be submitted to the Congress and published in the Federal Register. Allows the governing body of any Indian tribe to establish a Tribal Action Plan to coordinate available resources and programs in an effort to combat alcohol and substance abuse among its members. Requires the Bureau of Indian Affairs agency and education superintendents and the Indian Health Service service unit director to cooperate, if requested, in developing such plans. Provides for the development of such plans by Bureau of Indian Affairs and Indian Health Service personnel if an Indian tribe fails to adopt such a plan. Establishes within the Office of the Assistant Secretary of Indian Affairs an Office of Alcohol and Substance Abuse to: (1) monitor the performance and compliance of programs of the Bureau of Indian Affairs in meeting the goals and purposes of such agreement and this Act; and (2) serving as a point of contact within the Bureau of Indian Affairs for Indian tribes and the Tribal Coordinating Committees. Establishes within the Office of Alcohol and Substance Abuse the position of Indian Youth Programs Officer. Directs the Secretary of the Interior and the Secretary of Health and Human Services to make available for community use, in the furtherance of the purposes and goals of this Act, local Federal facilities, property, and equipment. Directs the Secretary of the Interior to: (1) establish summer recreation, employment, and counseling programs for Indian youth; (2) keep open schools which are necessary to provide facilities for the programs established under this Act; and (3) provide coordinators, as needed, for such programs. Part III: Indian Youth Programs - Requires the Secretary of the Interior and the Secretary of Health and Human Services to review: (1) Federal programs providing specified services or benefits to Indian children and families; and (2) tribal, State, local, and private resources, benefits, and programs providing specified services. Requires the results of such review to be provided to each Indian tribe. Directs the Assistant Secretary of Indian Affairs to develop and implement a pilot program in selected schools to determine the effectiveness of summer youth programs in furthering the purposes and goals of this Act. Authorizes appropriations for FY 1987 through 1989. Directs the Secretary of the Interior to publish an alcohol and substance abuse newsletter. Requires the Tribal Action Plans to make provisions for the establishment, funding, licensing, and operation of emergency shelters or half-way houses for Indian youth who are alcohol or substance abusers. Urges States to require their law enforcement officers to place any youth arrested for any offense related to alcohol or substance abuse in such shelter or half-way house. Authorizes appropriations for FY 1987 through 1989 for the construction, renovation, and operation of such shelters and half-way houses. Directs the Secretary of the Interior to require the compilation of data relating to the number and types of child abuse and neglect cases seen and the type of assistance provided. Part IV: Law Enforcement and Judicial Services - Requires the Secretary of the Interior and the Secretary of Health and Human Services to review: (1) Federal programs providing law enforcement or judicial services to Indian tribes; and (2) tribal and State and local law enforcement and judicial programs and systems. Requires the results of such review to be provided to each Indian tribe. Part V: Bureau of Indian Affairs Law Enforcement - Increases the maximum sentence (from six months to one year) and fine (from $500 to $5,000) which a tribal court can impose for any offense. Requires the Secretary of the Interior to ensure that all Bureau of Indian Affairs and tribal law enforcement and judicial personnel have training available in the investigation and prosecution of offenses relating to illegal narcotics and in alcohol and substance abuse prevention and treatment. Authorizes appropriations for FY 1987 through 1989. Requires the Memorandum of Agreement to include a provision for the development and implementation of a procedure for the emergency medical assessment and treatment of Indian youth arrested or detained by the Bureau of Indian Affairs or tribal law enforcement personnel for offenses relating to or involving alcohol or substance abuse. Directs the Secretary of the Interior to: (1) establish and implement a program for the eradication of marijuana cultivation within Indian country; (2) provide assistance to the Papago Indian Tribe of Arizona for the investigation and control of illegal narcotics traffic on the Papago Reservation; (3) develop and implement a plan for the construction or renovation and staffing of tribal juvenile detention and rehabilitation centers; (4) provide for the development of a Model Indian Juvenile Code; and (5) collect data regarding calls and encounters, and arrests and detentions, and the disposition of cases involving Indians where alcohol or drug abuse is a contributing factor. Part VI: Indian Alcohol and Substance Abuse Treatment and Rehabilitation - Requires the Secretary of the Interior and the Secretary of Health and Human Services to review: (1) Federal programs providing health services and benefits to Indians; (2) tribal, State, local, and private health resources and programs; (3) where facilities that provide such treatment are or should be located; and (4) the effectiveness of private and public alcohol and substance abuse treatment programs. Requires the Memorandum of Agreement to include provisions pursuant to which the Indian Health Service shall assume responsibility for: (1) determining the scope of the alcohol and substance abuse problem among Indians; (2) assessing the existing and needed resources to support an alcohol and substance abuse prevention and treatment program for Indians; and (3) estimate the funding necessary to support such a program. Requires the Secretary of Health and Human Services to: (1) provide a comprehensive alcohol and substance abuse prevention and treatment program for members of Indian tribes; (2) develop and implement a program for acute detoxification and treatment for Indian youth who are alcohol and substance abusers; (2) begin the construction of 11 regional treatment centers serving Indian tribes; (3) develop and implement within each Indian Health Service service unit community-based rehabilitation and follow up services for Indian youth who are alcohol or substance abusers; (4) develop and implement within each service unit a program of community education and involvement; (5) require that the existing health staff of the Indian Health Service receive training in alcohol and substance abuse; (6) develop and implement a program of alcohol and substance abuse prevention through education intervention; (7) identify and use existing federally owned structures as residential alcohol and substance abuse treatment centers for Indian youths; (8) make grants to the Navajo tribe to establish a demonstration program in Gallup, New Mexico, to rehabilitate adult Navajo Indians suffering from alcoholism or alcohol abuse; and (9) compile data on the number of incidents where Indian Health Service personnel or services were involved in matters related to alcohol or substance abuse. Subtitle B: National Park Service Program - National Park Police Drug Enforcement Supplemental Authority Act - Authorizes additional appropriations for National Park Police for personnel, training, and equipment. Subtitle C: Programs in United States Insular Areas - U.S. Insular Areas Drug Abuse Act of 1986 - Requires the President to report annually to the Congress on the efforts of Federal agencies in preventing the illegal entry of controlled substances into the United States. Authorizes law enforcement officers of the Governments of American Samoa and the Northern Mariana Islands to: (1) execute and serve warrants, subpoenas, and summons issued under the authority of the United States; (2) make arrests without warrants; and (3) make seizures of property to carry out the purposes of this Act, the Controlled Substances Import and Export Act, and any other applicable Federal narcotics laws. Authorizes the Attorney General to train such law enforcement officers and provide certain law enforcement equipment. Requires the Drug Enforcement Administration, the Federal Bureau of Investigation, the Coast Guard, the Customs Service, and the Postal Service to assign and maintain a specified number of agents, officers, and vessels in Guam, Puerto Rico, and the Virgin Islands. Requires the Attorney General to provide technical assistance and equipment to such Governments. Authorizes appropriations. Title XII: Committee on Government Operations - National Antidrug Reorganization and Coordination Act - Requires the President to submit recommendations to the Congress for legislation to reorganize the executive branch to more effectively combat international drug traffic and drug abuse.
United States · United States Congress · 14 August 1986
Designates the week beginning October 6, 1986, as National Children's Television Awareness Week.
United States · United States Congress · 13 August 1986
International Drug Traffic Enforcement Act - Title I: Amendments to the Tariff Act of 1930 - Subtitle A: Reference to the Tariff Act of 1930 - Provides that amendments contained in this title refer to the Tariff Act of 1930. Subtitle B: General Provisions - Amends the Tariff Act of 1930 to prohibit the importation of drug paraphernalia (except that drug paraphernalia imported for medical or scientific purposes) into the United States. Defines "drug paraphernalia." Requires the master of a vessel to report the arrival of such vessel at a U.S. port or port within the Virgin Islands to the nearest customs facility if the vessel is: (1) from a foreign port or place; (2) a foreign vessel from a domestic port; or (3) a U.S. vessel carrying bonded merchandise or foreign merchandise for which entry has not been made. Authorizes vehicles to arrive in the United States only at designated border crossing points. Requires the person in charge of such vehicle, immediately upon its arrival at the crossing point, to report the arrival and present the vehicle and all persons and merchandise on board for inspection to the customs officer at that crossing point. Requires the pilot of any aircraft arriving in the United States or the Virgin Islands from any foreign airport or place to comply with the advance notification, arrival reporting, and landing requirements as prescribed by the Secretary of the Treasury (the Secretary). Prohibits a vessel or aircraft, after arriving in the United States or the Virgin Islands and prohibits a vehicle after arriving in the United States, from departing from the place of arrival or discharging any passenger or merchandise except in accordance with regulations prescribed by the Secretary. Imposes penalties for violations of the arrival, reporting, and entry requirements. Increases the fine for unauthorized unloading of passengers. Requires individuals arriving in the United States other than by vessel, vehicle, or aircraft to: (1) enter only at a border crossing point; and (2) report their arrival and present themselves to the customs facility at that crossing point. Requires individuals arriving in the United States by reported conveyance to remain aboard the conveyance until authorized to depart and report to the customs facility by the appropriate customs officer. Requires individuals arriving in the United States by unreported conveyance to notify customs of their arrival and present their property for customs examination and inspection. Prohibits any person required to report to a customs facility under this paragraph from leaving that facility until authorized by a customs officer. Imposes penalties for violations of such reporting requirements. Repeals the current penalties for failure to report or file a manifest upon arrival in the United States. Authorizes the issuance of summonses to produce all relevent records in customs investigations. (Current law limits the types of records that are subject to summons.) Increases the penalties for filing a false manifest, failing to file a complete manifest, or carrying illegal drugs on board. Repeals the prepenalty procedures in such cases. Increases the penalties for unlawful unloading and transshipment. Makes it unlawful for the pilot of any aircraft to transport or for any individual on board any aircraft to possess merchandise knowing or intending that merchandise will be smuggled into the United States. Prohibits the transfer at sea of prohibited merchandise between a U.S. owned aircraft and a U.S. vessel. Prohibits a transfer at sea between aircraft and vessels, regardless of their nationality, with intent that such merchandise be smuggled into the United States. Imposes penalties, including seizure of the vessel or aircraft, for violations of such anti-smuggling provisions. Sets forth certain acts that, if engaged in within 250 miles of the U.S. territorial seas, shall be: (1) presumed to constitute circumstances indicating intent to smuggle; and (2) deemed prima facie evidence that an aircraft or vessel was used in aiding or facilitating such smuggling. Changes the procedures for seizure of conveyances used in smuggling. Requires the seizure, forfeiture and sale in accordance with the customs laws of any vessel, vehicle, or aircraft if the person in charge of such conveyance is subject to a penalty for violation of the customs laws. Exempts any conveyance used as a common carrier in the transaction of business as a common carrier from such seizure and forfeiture penalties for customs violations relating to merchandise contained on the person, in passenger baggage or cargo listed accurately on the cargo manifest unless the person in charge of the conveyance participated in, or had knowledge of, the violation or was grossly negligent in preventing or discovering the violation. Permits a common carrier conveyance to be seized and forfeited if the prohibited merchandise is found to have been: (1) in packages that are not manifested or in packages whose marks do not agree with the manifest; or (2) concealed in or on the conveyance but not in the cargo. Prohibits such seizure and forfeiture if none of the persons in charge of the conveyance nor any other employee responsible for maintaining and insuring the accuracy of the cargo manifest knew or by the exercise of the highest degree of care and diligence could have known that such merchandise was on board. Authorizes the issuance of search warrants of places suspected of containing: (1) any property which is subject to forfeiture under the customs laws; or (2) any article which is evidence of a customs violation. Authorizes the seizure and forfeiture of any smuggled merchandise. Requires that any deposits made in lieu of forfeiture of property seized under customs laws shall be treated in the same manner as the proceeds of sale of a forfeited item. Requires that the expenses of a forfeiture proceeding shall be a priority claim in the same manner as the court costs. Provides that compensation for informers shall not exceed 25 percent of the net amount recovered. (Current law requires such compensation to equal 25 percent of such amount.) Requires the compensation to be paid out of the net amount recovered before such net amount is deposited in the Treasury or the Customs Forfeiture Fund. Limits to $100,000 the amount to be awarded to any informer who discovers and reports to an appropriate official information concerning a violation or plan to violate any customs law or navigation law. Declares that an action to recover a pecuniary penalty is considered to have been commenced when the penalty notice is issued. Authorizes the Secretary to require the production of landing certificates in order to comply with international obligations. Permits the Secretary to authorize customs officials to exchange information or documents with foreign customs or law enforcement agencies under certain circumstances. Authorizes the Secretary, when authorized by treaty or executive agreement, to station customs officers in foreign countries in order to examine persons and merchandise before their arrival in the United States. Authorizes the customs officers stationed abroad to exercise such functions and perform such duties as permitted by the treaty, agreement, or law of the host country. Permits the Secretary to require compliance with U.S. customs laws in a foreign country (thereby causing the foreign station to be treated as a port of entry in the United States). Provides that merchandise seized at a foreign station may be transported to the United States for customs proceedings. Authorizes the stationing of foreign customs officers in the United States pursuant to a treaty. Provides certain protections for such foreign customs officials. Imposes penalties for making fraudulent statements to such foreign customs officials. Grants the Secretary certain investigatory powers in relation to: (1) certain reporting requirements on monetary instruments transactions; or (2) the enforcement of the Bank Secrecy Act. Authorizes the Commissioner of Customs to establish and conduct commercial entities as commercial covers to support customs investigations. Sets forth provisions governing the nature of such commercial covers, the treatment of funds used to conduct such commercial covers, and the termination of the commercial covers. Subtitle C: Customs Forfeiture Fund - Extends the authority of the Customs Forfeiture Fund through FY 1991. Authorizes using the Fund to pay: (1) the expenses of investigations related to customs seizures; (2) for equipping for law enforcement functions of any (currently only forfeited) vessel, vehicle, or aircraft available for official use by the Customs Service; and (3) for reimbursing private citizens for the expenses incurred in cooperating with the Customs Service in investigations and undercover law enforcement operations; and (4) publicizing the availability of awards for persons who provide information about customs violations. Limits the amount authorized to be appropriated from the Fund for each fiscal year to $20,000,000. Requires any amount in the Fund in excess of $20,000,000 at the end of each of FY 1987, 1988, 1989, and 1990 to be deposited in the Treasury. Requires any amount remaining in the Fund at the end of FY 1991 to be deposited in the Treasury. Terminates the Fund at the end of FY 1991. Title II: Customs Service Authorizations, Miscellaneous Customs Provisions, and Amendments to the Controlled Substances Import and Export Act - Subtitle A: Customs Service Authorizations - Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for FY 1987 for the Customs Services for salaries and expenses and for the air interdiction program. Prohibits any of the funds appropriated under such authorization from being used to close any port of entry at which, druing FY 1986: (1) not less than 2,500 merchandise entries were made; and (2) not less than $1,500,000 in customs revenues were assessed. Subtitle B: Miscellaneous Customs Amendments - Imposes certain reporting requirements on vessels (hovering vessels) that have received merchandise while in the customs waters beyond the territorial sea or while on the high seas. Requires all recreational vessels to comply with customs requirements for reporting arrival. Makes all passengers on such vessels subject to applicable customs regulations. Authorizes customs officers who need assistance in making a lawful arrest, search, or seizure and who identify themselves as customs officers to demand the assistance of any person. Imposes a fine for failure to render such assistance without reasonable excuse. Subtitle C: Amendments to the Controlled Substances Import and Export Act - Amends the Controlled Substances Import and Export Act to prohibit any U.S. citizen on board an aircraft or any person on board a U.S. aircraft to manufacture or distribute or possess with intent to manufacture or distribute a controlled substance. Amends the Controlled Substances Import and Export Act to penalize persons who import or export specified amounts (qualifying such persons as major traffickers) of heroin, cocaine, other narcotic drugs, cocaine freebase, controlled substance analogue, PCP, or LSD by imprisonment for not less than ten nor more than 30 years, a fine of not more than $2,0000,000, or both (a fine of not more than $5,000,000 for offenders other than individuals). Makes repeat offenders subject to imprisonment for 20 years to life, a fine of not more than $4,000,000 or both (a fine of not more than $10,000,000 for offenders other than individuals). Makes persons who import or export specified amounts (qualifying such persons as serious traffickers) of heroin, cocaine, other narcotic drugs, cocaine freebase, controlled substance analogue, PCP, or LSD subject to imprisonment for not less than five and not more than 20 years, a fine of not more than $2,000,000 or both (a fine of $5,000,000 for offenders other than individuals). Makes repeat offenders subject to imprisonment for ten to 40 years, a fine of not more than $4,000,000 or both (a fine of not more than $10,000,000 for offenders other than individuals). Prohibits suspension of sentence, probation, or parole for persons convicted of such offenses. Imposes a special parole term of at least four years in addition to the term of imprisonment for first offenders (at least eight years for repeat offenders). Increases the fine for importing or exporting controlled substances in schedule I or II to $500,000 ($2,000,000 for offenders other than individuals). Increases the fine for importing or exporting specified quantities of marihuana, hashish, hashish oil, or controlled substances in schedule III, IV or V to $250,000 ($1,000,000 for offenders other than individuals). Increases the fine for intentional transshipment and in-transit shipment of controlled substances to $100,000 ($500,000 for offenders other than individuals). Imposes a mandatory prison term of 20 years to life for persons convicted of certain drug offenses involving the exportation or importation of drugs resulting in death or serious bodily injury. Title III: Denial of Trade Benefits to Uncooperative Drug Source Nations - Narcotics Control Trade Act - Directs the President to make an annual determination of whether any foreign country: (1) is a source of drugs and other controlled substances that is significantly affecting the United States; and (2) has not cooperated with the United States in preventing such drugs and substances from significantly affecting the United States. Sets forth factors to be considered in making such determination. Requires the President to submit to the Congress an annual list, based on such determination, of countries that are uncooperative drug source nations. Denies to uncooperative drug source nations preferential tariff treatment. Imposes additional duties on all dutiable products of such country or on all duty-free products of such country or on all duty-free products of such country. Permits the imposition of any combination of the penalties listed in this paragraph. Requires the President to include in the annual report to the Congress on foreign aid programs a report on the progress each major drug source nation has made in achieving specified objectives limiting the narcotics trade. Terminates the penalties against a country designated as an uncooperative drug source nation if the President considers that such country has made significant progress and will continue to make progress in changing its narcotics control programs.
United States · United States Congress · 1 August 1986
Designates the week beginning November 16, 1986, as National Arts Week.
United States · United States Congress · 31 July 1986
Amends the Internal Revenue Code to allow a charitable contribution deduction to farmers who donate agricultural products to assist victims of a drought, flood, or other natural disaster. Provides that the amount of the deduction shall equal the wholesale market value of such agricultural product.
United States · United States Congress · 30 July 1986
Directs the Secretary of Agriculture to make available at no cost to farmers and ranchers in drought disaster areas (as defined by this Act) surplus Commodity Credit Corporation (CCC) commodities (including transportation costs) for emergency livestock or poultry feed. Directs the Secretary to use specified regulations issued under the Food and Agriculture Act of 1977 to determine feed needs and commodity amounts. Makes such assistance available until the earlier of the period beginning three days after enactment of this Act and ending March 31, 1987, or the date, as determined by the Secretary, on which the emergency no longer exists. Directs the Secretary to make emergency livestock and poultry feed assistance available under section 1105 of the Food and Agriculture Act of 1977 to farmers and ranchers in drought disaster areas. Provides for in-kind reimbursement from CCC stocks. Directs the Secretary to permit any 1986 drought-affected producer of wheat, feed grains, upland cotton, or rice who is participating in specified acreage reduction programs under the Agricultural Act of 1949 to devote such acreage to hay or grazing without regard to certain limitations imposed by such Act. Directs the President, in carrying out on emergency assistance program under the Disaster Relief Act of 1974, to require the Secretary to implement an emergency hay program, including paying 80 percent of transportation costs. Stipulates that such program shall be undertaken only if the Secretary determines, after consultation with the Governor and other State officials, that: (1) available stocks of hay are insufficient; and (2) emergency feed assistance and additional haying and grazing acreage will be insufficient to prevent substantial livestock loss or herd liquidations. Makes such emergency feed assistance and additional haying and grazing provisions effective 15 days after enactment of this Act. States that such assistance shall be available until the earlier of March 30, 1987, or the date, as determined by the Secretary, on which the emergency no longer exists. Directs the Secretary to make disaster payments in-kind to requesting producers of 1986 wheat, feed grain, upland cotton, rice, soybean, and peanut crops in drought areas. Limits aggregate payments to any one producer to $100,000. Prohibits reductions in the price received by milk producers in drought areas for the period beginning August 16, 1986, and ending November 15, 1986. Increases such reductions during the period beginning November 16, 1986, and ending September 30, 1987, in order to make up for such prohibited price reductions. Directs the Secretary to make cost-sharing payments (at least 50 percent) available in drought areas for: (1) conservation measures designed to prevent soil erosion due to loss of vegetative cover; and (2) reestablishment of stands of pine trees. Provides for in-kind cost-sharing payments. Makes such assistance available during the period beginning 15 days after enactment of this Act and ending March 30, 1987. Authorizes the Secretary, in making in-kind payments, to use commodities owned by the CCC, or pledged to the CCC, as loan security. Permits such payments to be made by: (1) warehouse delivery; (2) transfer of negotiable warehouse receipts; (3) issuance of negotiable commodity certificates; or (4) other appropriate methods. Expresses the sense of the Congress that the Secretary of Agriculture should: (1) establish a coordinating mechanism within the Department of Agriculture to coordinate Federal assistance; (2) ensure that Government and voluntary agencies, and the farmers and ranchers, in each natural disaster area are provided a single contact person or unit for Federal assistance, and that a similar contact is provided for assistance from outside such areas; and (3) consult with the Governor and other appropriate State officials concerning the disaster needs of affected farmers and ranchers.
United States · United States Congress · 24 July 1986
Designates August 12, 1986, as National Civil Rights Day.
United States · United States Congress · 22 July 1986
Amends title XVIII (Medicare) of the Social Security Act to require that limitations on Medicare payments for home health services be applied on an aggregate rather than a discipline-specific basis for home health agencies. Requires the Secretary of Health and Human Services, in establishing such limitations, to take into account: (1) recent cost data; and (2) changes in costs resulting from changes in billing and verification procedure requirements.