United States · United States Congress · 5 February 1987
Omnibus Trade Act of 1987 - Title I: Authority to Negotiate Trade Agreement - Grants the President, during a specified ten-year period, the authority to enter into multilateral trade agreements to reduce or eliminate trade barriers or distortions whenever the President determines that such barriers to, or distortions of, international trade: (1) unduly burden or restrict U.S. foreign trade or adversely affect the U.S. economy; or (2) are likely to result in such a burden, restriction, or effect. Limits the amount of reduction in duty that such agreements may involve. Authorizes the President, during a specified ten-year period, to enter into bilateral trade agreements with foreign countries providing for the reduction or elimination of trade barriers or distortions. Provides that such a bilateral trade agreement may be entered into only if: (1) the foreign country requested the negotiation of such an agreement; and (2) the President provides 60 days' notice to specified congressional committees and consults with such committees. Requires the President, before entering into negotiation of such a multilateral or bilateral trade agreement, to determine: (1) whether state trading enterprises account for a significant share of the exports of such foreign country or of the goods of such country that are subject to import competition; and (2) whether such state trading enterprises unduly burden or restrict, or adversely affect U.S. foreign trade or the U.S. economy or are likely to result in such a burden, restriction, or effect. Authorizes the President, if a country's state trading enterprises meet such criteria, to enter into a multilateral or bilateral trade agreement with such country only if such agreement provides that the state trading enterprises: (1) will make non-governmental purchases and sales in international trade in accordance with commercial considerations; and (2) will give U.S. businesses adequate opportunity to compete for participation in such purchases and sales. Provides that a multilateral or bilateral trade agreement may be entered into only if the trade agreement: (1) meets at least one of the negotiating objectives described in this Act; (2) provides for the reciprocal exchange of obligations among the signatories to the agreement; (3) provides a reasonable likelihood that the United States can enforce the obligations of such agreement; and (4) complements and reinforces existing agreements with non-signatory countries and existing U.S. agreements on related economic subjects. Requires the President, before entering into such a multilateral or bilateral trade agreement, to consult with specified congressional committees. Requires the U.S. Trade Representative to consult with interested congressional committees on a continuing basis in order to inform the Congress of trade negotiations and the progress in meeting, and obstacles to achieving, U.S. trade negotiating objectives. Provides that a multilateral or bilateral trade agreement entered into under this Act shall enter into force with respect to the United States if: (1) the President has notified the Congress of the intent to enter into such an agreement; (2) after entering into the agreement the President submits the final legal text of the agreement to the Congress together with other specified materials; and (3) the implementing bill is enacted. Authorizes the President to make certain recommendations to the Congress in order to ensure that a foreign country that receives benefits under a trade agreement is subject to obligations under the agreement. Imposes limitations on the use of expedited congressional procedures for the consideration of an implementing bill or approval resolution relating to such trade agreements. Declares that the overall objectives of the United States in international trade negotiations shall be to obtain: (1) more open, fair, and equitable market access; (2) the reduction or elimination of barriers and other trade-distorting practices; (3) an appropriate overall balance between benefits and concessions within the agricultural, manufacturing, mining and service sectors; and (4) improved management of the new global economy. Sets forth the principal objectives in negotiating such agreements. Amends the Trade Act of 1974 to declare that the principal U.S. negotiating objectives under the import relief provisions of such Act shall be to eliminate or reduce foreign barriers to equitable access by U.S. persons to foreign development technology. Requires the United States, in pursuing such objectives, to take into account U.S. policies in licensing or otherwise making available to foreign persons technology and other information developed by U.S. laboratories. Provides termination and reservation authority for trade agreements entered into under this Act. Requires the President to determine, after a specified five-year period, whether any major industrial country has failed to make reciprocal concessions under a trade agreement. Requires the President to recommend certain legislation to the Congress with respect to such a country if the country has failed to make such concessions. Provides that no political party shall dominate the membership of specified trade advisory committees. Requires the President to make the same determinations regarding state trading enterprises before a foreign country accedes to a multinational trade agreement to which the United States is a party that the President is required to make before entering into negotiation of a multilateral or bilateral trade agreement under this Act. Requires the President, if a country's state trading enterprises meet such criteria, to reserve the right of the United States to withhold extension of such agreement between the United States and such country. Provides that, if a country's state trading enterprises meet such criteria such trade agreement shall not apply between the United States and such country until: (1) such country and the United States enter into an agreement providing that the state trading enterprises will make certain purchases and sales in accordance with commercial considerations and will afford U.S. businesses an opportunity to compete for such purchases and sales; or (2) a bill which approves the extension of such agreement between the United States and such foreign country is enacted. Provides for expedited congressional consideration of such an implementing bill. Requires the President to begin bilateral negotiations on an expedited basis with each foreign country which pegs its currency to the U.S. dollar to ensure that such country regularly adjusts the exchange rate between its currency and the dollar to reflect underlying economic fundamentals. Requires the President to submit to the Congress a semi-annual report on such negotiations and developments in the exchange rates. Title II: Enhancing Competitiveness - Subtitle A: Positive Adjustment in Import-Impacted Industries - Amends the Trade Act of 1974 to change the chapter providing for import relief. Provides that a petition for eligibility for import relief for the purpose of facilitating orderly adjustment to import competition may be filed with the International Trade Commission (ITC) by any entity which is representative of an industry. Requires the petition to include a statement describing the specific purposes for which import relief is being sought. Requires the ITC to begin an investigation to determine whether an article is being imported in such increased quantities as to be a substantial cause of serious injury, or threat of serious injury, to a competing domestic industry upon: (1) request of the President or the U.S. Trade Representative (USTR); (2) resolution of specified congressional committees; or (3) filing of a petition. Requires the ITC, in making such determination, to consider all relevant economic factors. Lists certain factors to be considered, including, with respect to serious injury, the inability of a significant number of firms to operate domestic production facilities at a reasonable profit and, with respect to threat of serious injury: (1) export targeting by a foreign government; (2) the existence of affirmative antidumping or countervailing duty determinations relating to a specified country; (3) the extent of the inability of the domestic industry to maintain its research and development expenditures; and (4) the extent to which articles are being diverted to the United States because of export or import restraints in a third country. Sets forth the methods to be used by the ITC to determine the relevant domestic industry, including requiring the ITC to treat as part of an industry only its domestic production even if the industry also imports. Defines "substantial cause" to mean a cause which is important and not less than any other cause. Requires the ITC to: (1) investigate and report on efforts made by firms and workers in the industry to compete more effectively; and (2) investigate any factors which may be contributing to increase imports and, if the ITC has reason to believe that the increased imports are attributable to dumping, to notify the appropriate agency. Declares that imports of competitive articles by domestic producers shall not be considered a factor indicating the absence of serious injury or threat of serious injury to such industry. Requires the ITC to examine factors other than imports which may be a cause of injury or threat of injury to the domestic industry. Requires the ITC to hold public hearings in import relief investigations. Requires the ITC to make a determination within 150 days of the start of an import relief investigation. Prohibits an import relief investigation with respect to a domestic industry which during the preceding ten years was the subject of a previous investigation that resulted in: (1) tariff changes, import quotas, or orderly marketing agreements; or (2) the granting of an antitrust exemption to such domestic industry. Prohibits for one year any import relief investigation, except for good cause, of the same subject matter as a previous investigation that did not succeed in obtaining relief. Requires the President to impose provisional import relief if the President finds that critical circumstances exist. Sets forth limitations on the duration of such relief. Declares that critical circumstances exist if a significant increase in imports over a short period of time has led to circumstances in which a delay in the imposition of relief would cause damage to the domestic industry that would be difficult to remedy under the regular import relief procedure. Permits a petition which alleges import injury to a perishable product to be filed with the Secretary of Agriculture with a request that emergency relief be granted. Sets forth the procedure and timetable for granting such emergency relief. Requires the USTR to establish a plan development group for the domestic industry producing articles like, or directly competitive with, the article that is the subject of the import relief investigation. Requires such group to be established whenever the ITC begins any import relief investigation. Requires each plan development group to consist of officials from various Federal agencies and individuals who are representative of the firms and of the workers in the domestic industry. Requires each plan development group to prepare for the industry concerned as assessment of current problems and a competitive enhancement strategy that sets forth objectives and steps that workers and firms could undertake to: (1) improve the industry's competitiveness; (2) assist the industry to adjust to new methods of competition; (3) lead to a domestic industry that can compete after the expiration of any import relief actions; and (4) adjust to import competition through the orderly transfer of resources to alternative uses. Sets forth information to be included in such assessment and strategy. Requires the report on such assessment and strategy to be submitted to the ITC and to the petitioner, if any, within 120 days after the ITC starts the import relief investigation. Requires a petitioner for import relief to file an adjustment plan with the ITC within seven days (later if authorized by the ITC) of the ITC finding that import relief is warranted. Authorizes any trade association, firm, union, or group of workers that represents a significant portion of the affected domestic industry to file such an adjustment plan with the ITC if the import relief action was not initiated by petition. Requires the ITC to select one plan if more than one adjustment plan is submitted. Requires the adjustment plan to set forth: (1) the specific objectives of the import relief being requested (including the facilitation of orderly transfer of resources to alternative uses or other means of adjusting to competition); (2) a schedule for achieving such objectives; and (3) a description of actions which will be taken to achieve such objectives. Sets forth factors that may be addressed in such adjustment plan. Requires the USTR to present to the ITC and to the President the opinions of the heads of various Federal agencies on the viability of such adjustment plans. Requires the ITC, after an adjustment plan is submitted, to try to obtain, on a confidential basis, commitments from the members of the domestic industry regarding: (1) how such members intend to act upon the objectives and actions set forth in such plan; and (2) any other actions such members intend to take to foster the objectives of the adjustment plan. Requires the ITC to transmit such commitments to specified Federal officials, on a confidential basis. Provides for administration of the plan development groups. Exempts participation in plan development groups from the antitrust laws. Requires the ITC to report to the President on the determination made by the ITC in an import relief investigation. Sets forth information to be included in such report. Requires the ITC, if it determines that import relief is warranted, to: (1) recommend actions which the President is authorized to take that (alone or in combination with other actions) create a reasonable expectation that the domestic industry can compete successfully with imports after the termination of the import relief; or (2) if the ITC finds no such reasonable expectation, recommend actions which the President is authorized to take that are necessary to provide for the orderly transfer of such industry's resources; (3) determine, for purposes of limiting import relief actions, the amount of any change in import restrictions which would prevent or remedy the serious injury or threat of serious injury caused by imports; and (4) include specified information in the report to the President, including a description of the short- and long-term effects of the implementation of the recommendation on other domestic industries and consumers. Limits the extent of the impact of, and the duration of, the import relief recommended by the ITC. Provides for public hearings by the ITC on its recommendations. Requires the ITC to: (1) consider specified factors in making such recommendations; (2) report to the President on import relief determinations within 180 days of the start of the investigation; and (3) furnish additional information to the President upon request. Requires the President, if the ITC makes an affirmative unanimous determination that import relief is warranted, to take, within 30 days of receipt of the ITC report: (1) the actions recommended by the ITC; or (2) other actions which are at least substantially equivalent to the actions recommended by the ITC. Requires the President to submit a draft of a bill waiving the above requirement and containing the actions the President has decided to take if the President decides that: (1) actions other than those recommended by the ITC or their substantial equivalent should be taken; or (2) no action should be taken. Provides for expedited congressional consideration of such bill. Provides for congressional veto (by enactment of a joint resolution of disapproval) of the President's decision to take other action or no action. Requires the President, if the ITC determines in a non-unanimous vote that import relief is warranted, to: (1) take import relief actions that create a reasonable expectation that the domestic industry can compete successfully with imports after the termination of such relief; or (2) take actions to provide for the orderly transfer of the resources of the domestic industry to other productive pursuits if the President does not find such a reasonable expectation. Declares that the President shall not be required to take any import relief action following a non-unanimous import relief determination by the ITC if the President determines that the import relief would be deterimental to national security or would cause serious injury to a domestic industry. Sets forth the timetable for actions by the President in import relief actions. Sets forth the import relief actions the President is authorized to take, including providing trade adjustment assistance and antitrust exemptions, directing the initiation of antidumping and countervailing duty investigations, and entering into multilateral negotiations. Sets forth the criteria for granting antitrust exemptions and initiating antidumping actions. Limits the amount of increase of any duty provided as import relief. Limits the extent of any quantitative restriction on imports that is imposed as import relief. Postpones the implementation of import relief is the President publishes notice of intent to negotiate an orderly marketing agreement. Provides for administration, review, and termination of import relief actions taken by the President. Provides for termination of import relief if the USTR finds that: (1) a domestic industry has failed to implement the recommended objectives and actions specified in the adjustment plan submitted to the ITC or the actions declared in the confidential information submitted in connection with such plan; and (2) such failure is not justified by changed circumstances and has adversely affected overall implementation of the objectives specified in the plan. Limits the duration, with specified exceptions, of import relief actions to: (1) eight years; or (2) the period of time in which the domestic industry can compete successfully without import relief or the period of time in which an orderly transfer of resources can be completed. Provides for one five-year extension of import relief. Provides for reducing import relief every three years if the import relief lasts more than three years. Authorizes the President, if an orderly marketing agreement is negotiated, to suspend or terminate import relief provisions dealing with tariff modifications. Provides for the reduction or termination of import relief actions if: (1) no commitments were made to the ITC by any members of the domestic industry; and (2) the President makes a specified determination relating to achievement of the objectives of the import relief actions. Requires the ITC to evaluate the effectiveness of the import relief actions after holding public hearings and to report to the President and to the Congress on such evaluation. Subtitle B: Trade Competitiveness Assistance - Amends the Trade Act of 1974 to change the eligibility requirements for trade adjustment assistance for workers and firms. Refers to trade adjustment assistance as trade competitiveness assistance. Authorizes the certification of workers and firms as eligible for such assistance if there are increases in imports of articles that are competitive with articles to which the workers (through their firms) or the firms provide essential parts or services. Requires a worker, in order to receive cash assistance, to: (1) be enrolled in a training program approved by the Secretary of Labor; (2) have completed such a program; or (3) have received a written certification from the Secretary or the relevant State or State agency that it is not feasible or appropriate to approve a training program for such worker. Prohibits payment of such assistance to such worker if the worker has failed to begin, or has ceased to participate in, such training program without justifiable cause until the worker begins or resumes participation in such training program. Requires the Secretary to report annually to specified congressional committees on the number of workers who received certifications on the non-feasibility or inappropriateness of job training during the preceding year. Increases the maximum trade readjustment allowance to an amount equal to 78 (currently 52) times the amount of one week's trade readjustment allowance. Provides that such increase shall apply to a worker who receives a certification of non-feasibility of job training. Requires that, if the Secretary approves training for adversely affected workers, the training must be reasonably available. Provides that such training may be paid for directly or through a voucher system. Limits the total amount of payments for training for each adversely affected worker to $4,000. Requires each cooperating State agency (agency which provides trade adjustment assistance services) to advise adversely affected workers of training opportunities as soon as practicable. (Current law requires the agency to provided such advice within 60 days of receiving an application for training.) Terminates on September 30, 1991, trade adjustment assistance programs for workers, technical assistance for firms, and the imposition of import fees to fund such programs. Authorizes appropriations for trade adjustment assistance for workers and for firms through FY 1989. (Current law authorizes such appropriations through FY 1991.) Establishes within the Treasury a Trade Competitiveness Assistance Trust Fund. Provides for its funding. Requires the amounts in the Trust Fund to be used to: (1) pay drawbacks and refunds of the duty imposed on all imports by this Act; and (2) carry out trade adjustment assistance for workers and firms to the extent and in such amounts as provided by appropriations Acts. Prohibits the use of the amounts in the Trust Fund to pay certain loans guaranteed under programs for trade adjustment assistance for firms. Directs the President to undertake negotiations to change the General Agreement on Tariffs and Trade (GATT) to allow countries to impose a small uniform duty on all imports in order to use the revenue from such duty to fund trade adjustment assistance programs. Directs the President to report to the Congress six months after enactment of this Act on the progress of such negotiations. Directs the President to report to the Congress as soon as the GATT allows the imposition of such a duty. Imposes an additional duty on all imports into the United States, including those imports granted duty-free treatment, with specified exceptions. Title III: Unfair International Trade Practices Investigations - Subtitle A: Mandatory Responses to Unfair Distortion of International Trade - Amends the Trade Act of 1974 to require the national trade estimate prepared annually by USTR to include a list of the trade barriers of each foreign country and an estimate of the value of additional U.S. goods and services and the value of additional foreign direct investment by U.S. persons that would have been exported to, or invested in, each foreign country if each of such trade barriers did not exist. Requires the USTR to consider the value of such U.S. exports and investments in determining the trade distorting impact of such trade barriers. Changes the date on which such annual report (to be known as the National Trade Estimate) is due to March 31. Requires the President, if a country is identified in the 1986 National Trade Estimate as a country that has foreign trade barriers and the USTR determines that such country maintains a consistent pattern of barriers and market distorting practices, to initiate negotiations with such country to eliminate such barriers. Requires the USTR to determine, within 30 days of enactment of this Act, with respect to each such country whether such country maintains such a pattern of market barriers. Declares that Japan is such a country. Requires the President to report to the Congress by December 31, 1988, on the effects of any agreements reached by such negotiations. Requires the USTR to initiate investigations with respect to those trade barriers identified in the National Trade Estimate which constitute significant trade barriers or distortions and which are likely to be: (1) unjustifiable; or (2) unjustifiable, unreasonable or discriminatory and restrictive of U.S. commerce and, if eliminated, are likely to result in the greatest expansion of U.S. exports. Exempts the USTR from initiating an investigation under (2) if such an investigation would be detrimental to other efforts to eliminate such barriers. Defines significant barriers to and distortions of trade. Requires the USTR to determine within nine months of the start of an investigation, whether: (1) the United States is being denied any trade rights; or (2) the trade practices being investigated constitute unfair practices. Requires the USTR to provide an opportunity for the presentation of the views of interested parties and to obtain advice from appropriate advisory bodies either before or after making such determination depending upon whether expeditious action is required. Requires the USTR to make the determination more quickly (within six months) if export targeting is alleged. Requires the President to take the actions necessary to enforce U.S. trade rights and to eliminate unfair trade practices if such determination is affirmative. Sets forth the time frame in which such actions must be taken. Authorizes the President to postpone taking such actions if the President makes a specified certification to the Congress. Prohibits the President from granting more than two postponements. Declares that the President is not required to take any actions if: (1) the contracting parties to the General Agreement on Tariffs and Trade (GATT) make a determination that conflicts with the USTR's determination of unfair trade practices; (2) an agreement is entered into between the United States and the foreign country involved and the affected domestic industry or the petitioner agrees that such agreement adequately offsets the unfair trade practices and enforces U.S. trade rights; or (3) the investigation of such trade practices was not initiated by a finding in the National Trade Estate of unjustifiable trade barriers and the President submits a specified certification to the Congress. Terminates any actions taken in response to such investigations after seven years if there is no request for continuation of the action. Provides for formal review, upon request, of the necessity of the continuation of the action request. Requires the USTR to report to the Congress on such review. Authorizes the President to modify or terminate an action taken pursuant to such an investigation if: (1) the contracting parties to the GATT have determined, or a GATT panel of experts has reported, that the action violates U.S. international obligations or that the trade practice to which the action responds is not a violation of, or inconsistent with, a trade agreement or does not impair U.S. benefits under a trade agreement; (2) an offsetting trade agreement has been reached; or (3) the burden on the U.S. economy of the denial of trade rights or of the unfair trade practices has increased. Includes foreign trade practices that threaten to burden or restrict U.S. commerce among the trade practices to which the USTR must respond. Defines "burden on U.S. commerce" to include: (1) foreign trade practices which have an adverse effect on trade between the United States and another foreign country; (2) the subsidization of exports that results in the displacement of U.S. exports to another foreign country; (3) the imposition of import restrictions or export performance requirements that result in the diversion of the exports of another foreign country to U.S. markets; and (4) the enforcement of trade restraining agreements that result in the diversion of the exports of another foreign country to U.S. markets. Requires foreign instrumentalities and territories to be treated as foreign countries. Authorizes the President, in reaction to unfair foreign trade practices, to: (1) enter into agreements that offset or eliminate any burden on U.S. commerce resulting from such practices; or (2) withdraw or refrain from proclaiming benefits under the Generalized System of Preferences for the country involved. Includes within the definition of unreasonable trade practices: (1) export targeting; or (2) a requirement that intellectual property be licensed to the foreign country concerned or to a firm in such country or that technical information be submitted to such country as a condition of importation into such country. Defines "export targeting" to include any government plan consisting of a combination of coordinated actions that are bestowed on a specific enterprise, industry, or group the effect of which is to assist the enterprise, industry, or group to become more competitive in exports. Sets forth actions included within the definition of export targeting. Adds to the definition of service sector access authorization reference to a foreign supplier of goods related to a service. Includes within the definition of "unjustifiable trade practices" trade practices: (1) which enable a state trading enterprise to compete in international trade or make purchases or sales in international trade without depending on commercial considerations; (2) through which a foreign country assists a state trading enterprise in such competition, purchases, or sales; or (3) which fail to afford U.S. firms adequate opportunity, in accordance with customary business practice, to compete for participation in purchases from, or sales to, state trading enterprises. Defines "denial of benefits" under a trade agreement to include foreign trade practices that: (1) nullify, impair, or impede attainment of the objectives of such agreement; (2) constitute an unfair trade concession requirement for any product or service within the purview of such agreement. Defines "unfair trade concessions requirement." Authorizes the President, in order to meet U.S. international obligations, to take actions to compensate foreign governments for actions taken with respect to unfair foreign trade practices. Subtitle B: Improvement in the Enforcement of Antidumping and Countervailing Duties - Amends the Tariff Act of 1930 to require the administering authority, if there is an affirmative finding that countervailing duties are warranted and the petition alleges that a subsidy is inconsistent with the Agreement on Subsidies and Countervailing Measures or if a countervailing duty investigation is commenced and the administering authority has reason to believe that a subsidy is inconsistent with the Agreement, to: (1) notify the Customs Service of such determination and direct customs officers to collect information on imports of the type of merchandise that is the subject of the investigation; (2) order the suspension of liquidation of such imports that are entered, or withdrawn from warehouse, on or after the publication of the notice of such determination; and (3) begin monitoring the volume of such imports to determine whether there has been a surge of such imports since the countervailing duty investigation petition was filed or the investigation commenced. Prohibits a determination of the existence of a surge of imports until 60 days after the petition was filed or the investigation commenced. Terminates the suspension of liquidation if the preliminary determination of the administering authority is that no subsidy is being provided. Requires the administering authority to order the posting of security for unliquidated entries of affected imports if the administering authority makes a preliminary determination that an inconsistent subsidy exists and there has been a surge of such imports. Terminates any suspension of liquidation and requires the release of any security posted with respect to such imports if a countervailing duty investigation is terminated. Provides that the final determination of whether there is a subsidy which is inconsistent with the Agreement and whether there was a surge of imports may be affirmative even if the preliminary determination was negative. Deletes the requirement that the ITC also determine whether there is material injury that will be difficult to repair and whether the material injury resulted from the surge of imports. Terminates the suspension of liquidation of such imports and releases any security posted with respect to such imports if the final determination of the administering authority is that there is no inconsistent subsidy or surge of imports or the final determination of the ITC is that there is no material injury but that there is a threat of material injury or that the establishment of an industry in the United States is materially retarded. Deletes the provision that prohibits any determination as to the presence of critical circumstances with respect to non-duty-free imports. Requires the administering authority, if there is an affirmative finding of the need to impose an antidumping duty or if an antidumping duty investigation is initiated by the administering authority, to: (1) notify the Customs Service of such determination and direct customs officers to collect information on imports of the type of merchandise that is the subject of the investigation; and (2) begin monitoring the volume of such imports to determine whether there has been a surge of such imports since the antidumping petition was filed or the investigation commenced. Prohibits a determination of the existence of a surge of imports until 60 days after the petition was filed or the investigation commenced. Suspends the liquidation of duties on such imports starting 70 days after the antidumping petition is filed or the investigation is commenced. Terminates such suspension of duties if the preliminary determination is that the imports are being sold or are likely to be sold at less than fair market value (are being dumped). Requires the administering authority to order the posting of security for unliquidated entries of affected imports if the administering authority makes a preliminary determination that goods are being dumped. Terminates the suspension of liquidation and requires the release of any security posted with respect to such imports if an antidumping duty investigation is terminated. Provides that the final determination of dumping may be affirmative even if the preliminary determination was negative. Deletes the provision that required the final determination of the ITC to include a finding as to whether a retroactive duty should be imposed on dumped imports. Requires the administering authority, if it determines that merchandise is imported into the U.S. customs territory by, or for, a manufacturer, producer, seller, or exporter for the purpose of absorbing antidumping duties on behalf of a U.S. purchaser, to declare the importation a sham transaction and direct customs officers to treat the U.S. purchaser as the importer solely liable for such duties. Sets forth factors to consider in determining whether a transaction is a sham transaction. Prohibits the ITC from determining that there is no material injury or threat of material injury to U.S. producers of fungible products by reason of imports of such products solely on the basis of evidence that: (1) sales of such imports were not the first sales or offers at a reduced price in the relevant market; (2) similar price declines occurred in comparable markets; (3) U.S. producers also import such products; or (4) U.S. producers of the products are profitable. Requires the administering authority to investigate whether diversionary input dumping is occurring whenever: (1) the administering authority has reasonable grounds to suspect that such dumping is occurring; (2) a specified type of material or component is routinely used as a major material or component in manufacturing or producing the merchandise under investigation; and (3) generally accepted trade statistics indicate that, after the issuance of an antidumping duty order or the entry into force of an international agreement relating to the importation into the United States of such material or component, the quantity or market share of shipments to the United States of such material or component has decreased or the rate of increase of such shipments has decreased and shipments to the United States of the merchandise under investigation have increased. Sets forth the timetable for preliminary and final determinations by the administering authority as to the existence of diversionary input dumping. Provides that the foreign market value of merchandise that constitutes diversionary input dumping shall be the constructed value of the merchandise. Provides for increasing the cost of the material or component that is found to be involved in diversionary input dumping. Requires the administering authority, if the merchandise involved in a dumping investigation is exported from a nonmarket economy country and it is not possible to accurately determine the foreign market value of such merchandise from the information submitted by such country, to determine the foreign market value on the basis of the trade-weighted average price at which comparable merchandise is sold by a specified eligible market economy country. Provides for determining such foreign market value when there is no eligible market economy producer. Provides a special rule for imports of fungible products. Defines "nonmarket economy country" and "eligible market economy country." Authorizes the administering authority to suspend an antidumping investigation involving a nonmarket economy country if specified conditions are met. Requires the Commissioner of Customs and the ITC to provide the administering authority, upon request, with a copy of all public and proprietary information that they possess that is relevant to dumping proceedings involving merchandise from such countries. Authorizes a domestic producer of an article that is like a component part or a downstream product to petition the administering authority to designate a downstream product for monitoring by the ITC. Sets forth information to be included in the petition. Requires the administering authority to determine whether there is a reasonable likelihood that imports of the downstream product will increase as an indirect result of any diversion with respect to component parts. Sets forth factors the administering authority may take into account in making such determination. Requires the ITC to make quarterly reports to the administering authority regarding the ITC monitoring of a downstream product. Requires the administering authority to review the reports of the ITC and: (1) consider such information in determining whether to initiate an antidumping or countervailing duty investigation regarding a downstream product; and (2) request the ITC to cease its monitoring if the information indicates that imports are not increasing and there is no reasonable likelihood of diversion with respect to component parts. Title IV: Intellectual Property Rights - Subtitle A: Intellectual Property Remedies - Makes unlawful (and therefore subject to remedies for unfair trade practices) the importation or sale within the United States, if a related industry exists in the United States or is being established, of articles that: (1) infringe a U.S. patent or copyright or are produced by a process covered by a U.S. patent; or (2) infringe a trademark. Makes it unlawful to import a semiconductor chip product in a manner that constitutes infringement of a registered mask work. Sets forth the manner of determining whether a U.S. industry exists. Authorizes the ITC to terminate an investigation into unfair practices in the import trade by issuing a consent order or on the basis of a settlement agreement. Authorizes a complainant to petition the ITC to issue an order for the exclusion of certain articles during an investigation into unfair practices in the import trade. Sets forth the timetable for action by the ITC. Authorizes the ITC to grant preliminary relief with respect to violations involving intellectual property. Provides that the ITC may issue cease and desist orders in addition to or in lieu of exclusionary orders. Increases the penalty for violations of such orders. Requires the ITC to presume the facts alleged in the complaint are true and to issue, upon request, an exclusion from entry or a cease and desist order or both under certain circumstances. Authorizes the ITC to prescribe sanctions for abuse of discovery and abuse of process. Authorizes the ITC to order the forfeiture of an article imported in violation of the import trade unfair practices section if: (1) the importer had previously attempted to import the article; (2) the article was previously denied entry into the United States; and (3) upon such previous denial of entry the Secretary of the Treasury had provided the importer with a specified written notice. Provides that a person who has been previously found to be in violation of the provisions relating to unfair import practices may petition the ITC for a finding that such person is no longer in violation of such provisions or for a modification or rescission of an exclusion. Excludes intellectual property imported by or for the United States from certain exclusion orders. Provides for the protection of the confidentiality of information submitted to the ITC or exchanged among the parties in cases involving unfair import practices. Subtitle B: Access to Technology - Requires the USTR in conjunction with the National Science Foundation to: (1) monitor the transfer of technology between the United States and foreign countries; and (2) report annually to specified congressional committees on such transfers. Requires the Secretary of Commerce (Secretary) to designate a Foreign Commercial Service Officer in a foreign country to monitor and report on the status of the intellectual property system in such country. Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance for programs to aid less developed countries in developing and implementing adequate intellectual property laws and in developing their own indigenous technology. Requires the Secretary to identify the technical assistance needs of such countries. Requires the Secretary to establish the United States Intellectual Property Training Institute to train individuals of developing countries in both management and technical skills regarding the protection of intellectual property. Provides for financing the Institute. Title V: National Security - Amends the Trade Expansion Act of 1962 to grant the Secretary of Commerce (the Secretary) the responsibility for investigating, upon request, the effects of imports on national security. Requires the Secretary to report to the President on such investigation within six months of receiving the request that starts the investigation. Requires the Secretary to notify the Secretary of Defense concerning any such investigation. Requires the Secretary of Defense to conduct a separate defense needs assessment of the article affected by such imports. Requires the Secretary of Defense to report to the Secretary on such assessment within three months. Requires the Secretary's report to the President on such investigation to include a statement by the Secretary of Defense concurring or disagreeing with the Secretary's findings and explaining such concurrence or disagreement. Requires any portion of such report to be published if it is not: (1) classified as being clearly detrimental to the national security; and (2) proprietary information. Requires the President to : (1) decide whether or not to take action based on such report within 90 days of receiving it; and (2) explain the decision. Title VI: Formulation of United States Trade Policy - Requires the head of each Federal agency, before taking any major action that may affect international trade, to study, and publish a report on, the potential impact such action will have on U.S. international trade and on the international competitiveness of U.S. firms. Exempts emergency actions and certain other actions from such reporting requirement. Requires the head of each Federal agency to include such report with any proposed legislation made to the Congress. Amends the Trade Expansion Act of 1962 to establish in the Executive Office of the President the National Trade Council, which shall: (1) advise the President on the coordination of national and international policies relating to trade; (2) assess U.S. international trade policies and objectives; (3) consider policies on matters of common interest to Federal agencies concerned with international trade; (4) consider the relationship between the U.S. standard of living and U.S. trade policies; and (5) evaluate the effects of U.S. trade policies and objectives on the national security. Provides for consultations between members of the Council and representatives of the private sector. Requires the Council to report to the President as appropriate or upon request of the President. Terminates the Trade Policy Committee. Establishes the National Trade Data Committee to: (1) establish and maintain a National Trade Data Bank; (2) analyze information in the National Trade Data Bank; (3) disseminate such information to export businesses in a timely manner; and (4) coordinate the gathering and dissemination of commercial information relating to international trade by the Federal Government. Sets forth information to be included in the National Trade Data Bank. Requires each Federal agency to cooperate in providing information for assimilation into the National Trade Data Bank. Requires the Committee to report annually to the Congress: (1) assessing the current quality, comprehensiveness, and accessibility of trade data; (2) describing actions that have been taken and that are planned to be taken pursuant to this Act; (3) recommending actions which would ensure that U.S. citizens and firms obtain access to foreign data banks that is similar to the access provided foreign citizens and firms to the National Trade Data Bank; and (4) recommending other legislative actions. Exempts from the Paperwork Reduction Act of 1980 certain actions taken to carry out this Act. Title VII: Agriculture - Declares that it is U.S. policy to increase agricultural exports, to recapture the U.S. market share in agricultural trade, and to support programs to make U.S. exports more competitive abroad. Sets forth other policy objectives relating to agriculture. Authorizes the Secretary of Agriculture to make available certain commodities to cooperator organizations which shall use the commodities to establish demonstration projects designed to expand markets for U.S. agricultural commodities and products. Requires that there be at least 850 full-time employees during each of FY 1987, 1988, and 1989 in the Foreign Agricultural Service of the Department of Agriculture. Expresses the sense of the Congress that such a number of employees should make it possible for the Service to devote greater resources to developing markets for U.S. agricultural commodities and products. Requires an agricultural attache who is reassigned from abroad to counsel agricultural producers on means of increasing exports and agricultural market development and promotional activities. Requires at least 60 percent of the personnel resource time of agricultural attaches who are stationed abroad to be devoted to market development and promotional activities for U.S. agricultural commodities. Authorizes the Secretary to contract with an individual for services to be performed outside the United States as necessary in order to carry out market development activities for U.S. agricultural commodites. Establishes within the Service an Office of International Market Development and Export Promotion to coordinate all market development, promotional, export enhancement, export credit, and targeted export assistance programs. Requires the Office to report annually to specified congressional committees on the market development programs. Establishes within the Office a unit to monitor the quality of agricultural exports. Requires the unit to: (1) act as liaison with the Federal Grain Inspection Service, private U.S. exporters, foreign governments, and U.S. agricultural attaches overseas; (2) receive and respond to complaints about the quality of U.S. agricultural exports; and (3) identify problems in foreign markets concerning the quality of U.S. commodities and ensure that notice of such problems is provided to the relevant entities for quick response and follow-up. Establishes within the Office a unit to evaluate the overall effectiveness of the market development and promotional programs of the Service. Requires the unit to report annually to specified congressional committees on such programs. Earmarks at least 50 percent of the FY 1987 increase in funding of the Service to be used to create new markets for U.S. agricultural commodities in developing markets. Authorizes appropriations for FY 1987 for trade shows and exhibitions conducted by the Service. Sets forth the ways the increase in funding for trade shows shall be used. Authorizes appropriations for FY 1987 for program management and support activities of the Service and for its market promotion and trade development activities. Requires some of the increased funding to be used to provide adequate staff for: (1) the development of markets for high value-added products; and (2) the improvement of the quality of agricultural exports. Establishes within the Department of Agriculture an Export Market Development Advisory Committee to: (1) review all U.S. agricultural market development and export enhancement programs; and (2) make recommendations for the improvement of such programs.
United States · United States Congress · 5 February 1987
Rice Equity and Export Expansion Act of 1987 - Title I: Actions to Achieve Equity and Export Expansion - Sets forth the primary and secondary negotiating objectives of the United States regarding the international trade in rice. Requires the U.S. Trade Representative (USTR), in consultation with the Secretary of Agriculture and the interagency trade organization established pursuant to the Trade Expansion Act of 1962, to investigate no fewer than 15 countries with the largest potential rice markets for the purposes of: (1) identifying and analyzing the trade practices of the markets of each such country that deny fully competitive market opportunities for the U.S. rice industry; and (2) establishing the specific primary and secondary negotiating objectives that should be pursued in trade negotiations with such countries. Sets a deadline for completion of such investigation. Authorizes the USTR, upon his or her own motion or upon request, to undertake similar investigations of other countries if specified conditions exist. Requires the USTR to review at least annually the potential market for rice in countries that have been excluded from previous investigations. Provides for investigating such countries if specified conditions exist. Requires the USTR to report to specified congressional committees on investigations undertaken pursuant to this Act. Requires the President to enter into negotiations with countries after the USTR has completed investigations of such countries. Provides that the purpose of such negotiations shall be to reach trade agreements which achieve the specific primary and secondary negotiating objectives that were established with regard to such countries. Requires the President to take the following actions to achieve the primary negotiating objectives if the negotiations do not produce a trade agreement within a specified time frame: (1) terminate, withdraw, or suspend any trade agreement relating to any duty or import restriction imposed by the United States; (2) take any action described in section 301 of the Trade Act of 1974; (3) forbid the Federal Government from purchasing products of a specified foreign country; (4) increase domestic preferences for purchases by the Federal Government; (5) suspend waivers of domestic preferences; (6) deny Federal funds or credits for purchases of any product of a specified foreign country; and (7) suspend benefits accorded articles from specified foreign countries under title V of the Trade Act of 1974. Authorizes the President to take such actions to achieve the secondary negotiating objectives set forth in this Act. Provides for extensions of the negotiating period. Authorizes the President to modify or terminate any action described in this paragraph. Requires the President to report to specified congressional committees on such actions. Requires the USTR to review annually each trade agreement regarding rice (including those entered into pursuant to this Act and those that were in force before enactment of this Act) to determine whether any foreign country's act, policy, or practice: (1) is not in compliance with such agreement; or (2) otherwise denies to the U.S. rice industry fully competitive market opportunities in that foreign country. Requires the USTR, in undertaking such reviews, to consider any evidence of actual patterns of trade that do not reflect patterns of trade which would reasonably be anticipated to flow from the concessions of such country based on the international competitive position and export potential of U.S. rice. Requires the USTR, if the USTR finds that a country is not in compliance with a trade agreement or that it denies market opportunities to the U.S. rice industry, to take whatever action (termination, withdrawal, or suspension of a trade agreement relating to a U.S. duty or import restriction or action under section 301 of the Trade Act of 1974) is necessary to offset such foreign trade practice and to restore the balance of concessions between the United States and such foreign country. Declares that no such action by the USTR shall affect contractual obligations of U.S. citizens if the contracts were entered into before enactment of this Act. Authorizes the USTR to modify or terminate such action under specified conditions. Requires the USTR to notify specified congressional committees of such actions. Provides for consultations with the Secretary of Agriculture, a specified interagency trade organization, the private sector, and the Congress in carrying out this Act. Grants the President the authority to enter into trade agreements during the 24 months following enactment of this Act in order to achieve the primary and secondary negotiating objectives of this Act. Authorizes such agreements to provide that the benefits and obligations of such agreements: (1) shall apply solely to the parties to the agreement; (2) shall not apply uniformly to all parties to such agreement. Grants the President the authority to enter into compensatory trade agreements if the President or the USTR take certain actions under this title and such action is found to be inconsistent with U.S. international obligations. Declares that nothing in this title shall be construed to require the President and the Congress to act in a manner inconsistent with U.S. international obligations. Title II: Negotiating Objectives in the Uruguay Round of Multilateral Trade Negotiations - Includes among the principal trade negotiating objectives of the United States under the Trade Act of 1974: (1) the achievement of more open and fair conditions of agricultural trade; and (2) the encouragement of U.S. rice exports by reducing or eliminating foreign barriers to international trade in rice and by ensuring that countries that have made commitments to open markets abide by such commitments. Title III: Dispute Resolution - Amends the Trade Act of 1974 to request formal dispute settlement procedures, if appropriate, with respect to agricultural products covered by a trade agreement that is the subject of an investigation by the USTR.
United States · United States Congress · 5 February 1987
Amends the Tax Reform Act of 1986 to repeal the provision which disallows the treatment of certain technical personnel as self-employed individuals for employment tax purposes. Specifies that the Internal Revenue Code shall be applied and administered as if such provision had not been enacted.
United States · United States Congress · 4 February 1987
General Aviation Accident Liability Standards Act of 1987 - Declares that this Act supersedes any State law regarding liability for general aviation accidents. Establishes guidelines for uniform standards of liability of general aviation manufacturers for general aviation accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 20 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions.
United States · United States Congress · 4 February 1987
Provides for reducing the rates of pay for Members of Congress, Federal judges, and Federal officials (increased pursuant to the recommendations of the President) to the rates of pay in effect for such offices before such recommendations became effective.
United States · United States Congress · 3 February 1987
Amends the Tax Reform Act of 1986 to repeal provisions relating to the taxation of both individual and corporate capital gains. Provides that the Internal Revenue Code shall be applied and administered as if such provisions had not been enacted. Amends the Deficit Reduction Act of 1984 to increase the holding period required for long-term capital gain tax treatment of property acquired after 1986. Amends the Internal Revenue Code to revise the method of calculating the deduction for capital gains. Allows a capital gains deduction of 60 percent for assets held three years or more, and 40 percent for assets held for more than one but less than three years.
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 · 28 January 1987
Provides that each item of any joint resolution making continuing appropriations that is agreed to in the same form by both Houses of the Congress shall be enrolled as a separate bill or joint resolution for presentation to the President (line-item veto).
United States · United States Congress · 28 January 1987
Constitutional Amendment - Permits the President to disapprove any item of appropriation in any Act or joint resolution. Requires the President to return with his objections any disapproved item of appropriation to the House in which the bill originated. Subjects such bills to the same proceedings as other bills disapproved by the President.
United States · United States Congress · 28 January 1987
Disapproves the recommendations of the President relating to pay rates of Members of Congress, Federal judges, and Federal officials under the Executive Schedule.
United States · United States Congress · 28 January 1987
Expresses the sense of the Senate that the Secretary of State, having met with African National Congress (ANC) leader Oliver Tambo, should: (1) demand that the ANC disavow the use of terrorism, including "necklacing" to advance its political aims; and (2) inform Tambo that the United States will oppose ANC participation in political negotiations over the future of South Africa until the ANC disavows the use of terrorism and is not closely tied to or influenced by the South African Communist Party or the Soviet Union.
United States · United States Congress · 22 January 1987
Constitutional Amendment - Defines "person" to include the unborn for the purpose of the right to life guarantee. Exempts from applicability of this amendment laws permitting medical procedures required to prevent the death of the mother.
United States · United States Congress · 21 January 1987
Amends the Tax Reform Act of 1986 to extend for one year (from April 16, 1987, to April 16, 1988) the waiver of estimated tax penalties for underpayments by individuals attributable to such Act.
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 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 · 20 January 1987
Amends the Internal Revenue Code to allow homeowners to deduct the full amount of prepaid interest in connection with the refinancing of their principal residences for the taxable year in which paid.
United States · United States Congress · 16 January 1987
Acid Deposition Control Act of 1987 - Amends the Clean Air Act to establish an interstate transport and acid precursor reduction program. Requires by 1996 a reduction below 1980 levels in annual emissions of sulfur dioxide of 12,000,000 tons and of oxides of nitrogen of 4,000,000 tons. Requires each State to achieve by 1996 an annual Statewide average emissions rate of 0.9 pounds per million British thermal units (Btus) for sulfur dioxide and 0.6 pounds per million Btu's for oxides of nitrogen for all major stationary sources in operation in 1980. Requires each State to adopt, within two years, enforceable measures for reductions from these and other stationary sources sufficient to meet its share of the overall required national reduction. Requires the Administrator of the Environmental Protection Agency (EPA) to approve such measures if certain conditions are met. Requires owners and operators of stationary sources to certify to the State within three years the chosen means of compliance. Requires noncertified sources and sources using fuel substitution to be in compliance within five years. Requires certified sources to enter into binding contracts within five years for the installation and implementation of energy conservation measures. Requires all covered stationary sources to be in compliance by 1996. Prohibits the increase of emissions from a source unless a simultaneous net reduction in emissions in excess of the increase is occurring. Establishes a 0.9 pounds per million Btus emissions rate for sulfur dioxide for fossil fuel fired steam generating units which are major stationary sources of emissions in a State without enforceable measures. Requires compliance for all covered units by 1996. Permits the use of the following measures to reduce emissions in addition to enforceable continuous emission reduction measures if such measures are enforceable by entities and persons other than the State in which the emissions occur: (1) programs in energy conservation where emission reductions can be identified with such programs; (2) least emissions dispatch to meet electric generating demand at existing generating capacity; (3) retirement of major stationary sources at an earlier than provided for date; (4) trading of emission reduction requirements and actual reductions through emission reduction banks or brokerage institutions; and (5) precombustion cleaning of fuels. Makes it a priority to achieve emissions reductions through conservation of electricity. Permits emissions reductions achieved by this means to substitute for emissions reductions attributable to required emissions rate limitations. Requires State implementation plans to prohibit stationary sources from emitting any air pollutant which would contribute to atmospheric loadings of pollutants or their transformation products which might be adverse to public health or the environment. Requires primary nonferrous smelters to be in compliance with applicable emission limitations or standards by 1988, terminating previous exceptions (orders). Establishes emissions of oxides of nitrogen standards for light-duty vehicles, trucks, and engines for model years 1990 and after and for heavy-duty vehicles and engines for model years 1991 and after. Increases the required useful life of emissions control components. Requires at least 90 percent of any new vehicle or engine tested to comply with emissions control requirements to retain a certificate of conformity. Requires vehicle emission control inspection and maintenance programs to test or inspect components of vehicle emissions control systems and to replace inoperative parts. Prohibits the sale of diesel fuel with sulfur content above a specified level after July 1, 1988. Requires the President, by 1988, to institute negotiations with Canada and Mexico to cooperate in reducing air pollution. Directs the President to negotiate treaties or other international agreements to apply uniform standards of performance for the control of air pollutant emissions. Requires the President to seek comparable reductions in sulfur dioxide emissions from Canada. Requires the Secretary of State to give special emphasis to ensuring that the Nacozari smelter in Mexico meets pollution control standards under the Clean Air Act when negotiating with Mexico an Annex concerning transboundary air pollution to the 1983 Border Environmental Agreement. Requires such Annex to address pollution control and monitoring at other smelters within the United States and Mexico. Requires the EPA to perform atmospheric field experiments to determine the effects of pollution controls on the Nacozari smelter. Directs the Secretary of the Treasury to study and report on a system of tariffs on emissions adequate to encourage emissions reductions of precursors of acid deposition and other environmental pollution.
United States · United States Congress · 12 January 1987
New Clean Air Act - Amends the Clean Air Act to limit after 1990 the number of hours a fossil-fuel-burning electric generating facility which is a major stationary source of sulfur dioxide emissions may operate according to its emissions rate. Requires such major sources to attain by 1995 the best degree of emission reduction technically available. Requires the Administrator of the Environmental Protection Agency (EPA) to publish demonstrated levels of emission reduction and to promulgate emission standards for oil shale production and processing facilities, synthetic fuels production facilities, and other categories of major energy-production sources. Requires the use of systems for gasoline vapor recovery of hydrocarbon emissions from fueling of motor vehicles in every air quality region which fails to attain the national primary ambient air quality standard for ozone by 1988. Increases the length of time control systems on cars must last. Requires vehicles after model year 1988 to be equipped with onboard hydrocarbon control technology. Sets standards for emissions of hydrocarbons, oxides of nitrogen, and particulates from light-duty vehicles and engines for implementation in model years 1992, 1990, and 1991, respectively. Sets emission standards for heavy-duty vehicles and engines for model years after 1990. Sets emission standards for light-duty trucks and engines for model years 1990 and after. Prohibits the sale of diesel fuel with a sulfur content above a certain level determined by the Administrator. Provides for the assessment of daily civil penalties for violations of the fuel and fuel additive regulatory requirements. Requires State vehicle inspection programs to require emissions testing or direct inspection of components of vehicle emissions control systems. Directs the Administrator to implement a monitoring system for assessing the effects of acid deposition by July 1, 1988. Makes it a violation of the Clean Air Act if a State's air pollutant emissions contribute to the violation of another State's water quality standard under the Clean Water Act. Amends the Clean Water Act to state that such emissions endanger health or welfare abroad if they contribute to the violation of such country's water quality standards. Directs the President to negotiate with Canada and Mexico by 1988 to cooperate in reducing air pollution. Directs the President to negotiate treaties or other international agreements to apply uniform standards of performance for the control of air pollutant emissions. Directs the Secretary of the Treasury to report to the Congress by 1989 on a system of tariffs on emissions sufficient to encourage reductions.
United States · United States Congress · 6 January 1987
Public Housing Resident Management Act of 1987 - Amends the United States Housing Act of 1937 with respect to public housing resident management. Authorizes the establishment of a resident management corporation to manage a public housing project if so approved by a project's resident council or a majority of the households of the project. Requires such a corporation to provide for bonding and insurance and an annual audit of its records. Authorizes comprehensive improvement assistance for such resident-managed projects. Authorizes the retention and use of excess revenues for project improvements or tenant employment. Provides for resident management technical assistance and training. Limits funding for any particular project to specified levels.
United States · United States Congress · 6 January 1987
Employee Educational Assistance Act of 1987 - Amends the Internal Revenue Code to make permanent the income tax exclusion for employee educational assistance programs. (Present law terminates such exclusion as of December 31, 1987.)
United States · United States Congress · 6 January 1987
New GI Bill Continuation Act - Extends indefinitely (currently ends on June 30, 1988) the required date of entry into the armed forces for eligibility for basic educational assistance entitlement for veterans (both of active and Selected Reserve duty) of the All-Volunteer Force.
United States · United States Congress · 6 January 1987
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
Constitutional Amendment - Prohibits Federal outlays from exceeding Federal receipts in any fiscal year, unless the Congress provides for a specific excess by a three-fifths vote of both Houses. Prohibits a bill to increase revenue from becoming law unless approved by a majority of the whole number of both Houses of Congress by roll call vote. Authorizes the Congress to waive this article for any year in which a declaration of war is in effect.
United States · United States Congress · 6 January 1987
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates June 14, 1987, as Baltic Freedom Day.
United States · United States Congress · 6 January 1987
Disapproves the recommendations of the President relating to pay rates of Members of Congress, Federal judges, and Federal officials under the Executive Schedule.
United States · United States Congress · 6 January 1987
Declares that the Senate hereby: (1) renews its condemnation of the continued Soviet invasion and occupation of Afghanistan; (2) finds that recent Soviet representations concerning Soviet troop withdrawal have been a sham; (3) finds that recent Soviet offers of ceasefire and national reconciliation fail to provide the framework for a settlement and should be spurned by the Afghan resistance as long as Soviet troops continue to occupy Afghanistan; (4) believes that the only acceptable formula for a settlement in Afghanistan is one that results in a government representative of the Afghan people; and (5) renews its commitment to support the Afghans through the provision of material support. Urges the Secretary of State to take specified actions to encourage Soviet military withdrawal and a peaceful settlement of the situation in Afghanistan. Urges the: (1) Soviet Union to present a timetable of no more than four months for the withdrawal of its forces at the next session of U.N.-sponsored indirect negotiations in February 1987; and (2) Government of Pakistan to resist Soviet pressure to accept less than such a timetable for withdrawal of such forces.
United States · United States Congress · 15 October 1986
Declares that the United States extends its sympathies to the people and Government of El Salvador with regard to the recent earthquake. Urges the President to provide appropriate relief to help prevent further loss of life in El Salvador. Declares that the United States is prepared to cooperate with El Salvador in long-term efforts to recover from the effects of the earthquake.
United States · United States Congress · 19 September 1986
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 · 16 September 1986
Foreign Assistance and Related Programs Appropriations Act, 1987 - Title I: Multilateral Economic Assistance - Makes appropriations for FY 1987 for the U.S. contribution to the: (1) International Development Association; (2) Asian Development Bank; and (3) African Development Bank. Limits the callable capital subscriptions of the United States to the Asian Development Bank. Makes appropriations for FY 1987 for international organizations and programs. Sets forth the method of allocating such funds. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1987 for the Agency for International Development for: (1) agriculture, rural development, and nutrition programs, including amounts earmarked for new projects using surplus dairy products, for the Vitamin A Deficiency Program, and for agricultural projects in Poland which are managed by the Catholic Chruch; (2) population programs with a prohibition against funding programs that support coercive abortion or involuntary sterilization; (3) health programs; (4) the Child Survival Fund; (5) education and human resources program, including amounts earmarked for the International Student Exchange Program; (6) energy and selected development activities, including amounts earmarked for the cooperative projects among the United States, Israel, and developing countries and for the Central American Rural Electrification Support project; (7) science and technology programs; (8) assistance for sub-Saharan Africa; (9) the private sector revolving fund, including a limit on obligations during FY 1987; (10) loan allocation programs; (11) American schools and hospitals abroad; (12) international disaster assistance; (13) the Sahel development program, including a limit on contributions to such program; (14) payment to the Foreign Service Retirement and Disability Fund; (15) the operating expenses of the Agency for International Development (AID), including a requirement that not less than ten percent of the total FY 1987 development funds shall be available only for activities of economically and socially disadvantaged enterprises, historically black colleges and universities, and private and voluntary orgnizations which are controlled by black Americans, Hispanics, Native Americans, or economically and socially disadvantaged individuals (including women); (16) the operating expenses of the Office of Inspector General of the AID; (17) housing and other credit guaranty programs; and (18) the Economic Support Fund. Prohibits making any development assistance funds available to any U.S. private and voluntary organization which obtains less than 20 percent of its total annual funding for international activities from sources other than the Federal Government. Limits the use of the Economic Support Fund appropriations, including earmarking specified amounts for: (1) Israel; (2) Egypt; (3) Jordan; (4) El Salvador for investigations into the murder of U.S. citizens in El Salvador; (5) the Administration of Justice program; and (6) financing tied aid credits; (7) activities in support of the private sector in Mozambique; and (8) Cyprus. Authorizes the Agency for International Development to obligate additional cash transfers to Egypt as it deems necessary provided such additional cash transfers are made in support of a comprehensive structural economic reform program by Egypt and provided specified notifications are given to the Congress. Expresses the sense of the Congress that the recommended levels of aid for Egypt and Israel are based in great measure on their continued participation in the Camp David Accords and upon the Egyptian-Israeli peace treaty. Urges Egypt and Israel to continue to try to restore a full diplomatic relationship and achieve realization of the Camp David Accords. Requires that any appropriations made to El Salvador that are placed in El Salvador's Central Reserve Bank shall be maintained in a separate account and not commingled with any other funds. Requires that all economic support fund assistance made available to tied aid credit programs shall be subject to the regular notification procedures of the appropriations committees. Makes appropriations for FY 1987 for the: (1) African Development Foundation; (2) Inter-American Foundation; (3) Overseas Private Investment Corporation (OPIC); and (4) Peace Corps. Limits the FY 1987 amounts for OPIC loans and loan guarantees. Makes appropriations for FY 1987 to the Department of State for: (1) international narcotics control; (2) migration and refugee assistance, with a specified amount earmarked to assist refugees settling in Israel and provided none of the funds are used to aid in the migration to any Western nation of any person not having a security clearance based on reasonable standards to ensure against communist infiltration of the West; (3) anti-terrorism assistance; and (4) peacekeeping operations. Title III: Military Assistance - Makes appropriations for FY 1987 for: (1) international military education and training program; and (2) foreign military credit sales. Earmarks specified amounts of foreign military sales credits for Israel (with a specified amount earmarked for the Lavi program), Egypt, Turkey, and Greece. Limits the total amount of FY 1987 foreign military sales loans. Authorizes the transfer of up to a specified amount of foreign military sales credit funds to the military assistance program account only for purposes of overseas management of such programs. Limits the amount that may be obligated for the Special Defense Acquisition Fund during FY 1987. Title IV: Export Assistance - Makes appropriations for FY 1987 for the Export-Import Bank to make certain expenditures and certain contracts and commitments. Prohibits the use of such funds to make expenditures, contracts, or commitments for nuclear exports to a country other than a nuclear-weapon State. Sets the maximum amounts for direct loans and loan guarantees by the Export-Import Bank. Authorizes the use of up to a specified amount of the Export-Import Bank's budget authority as tied aid credits used to promote the negotiation of an international arrangement restricting the use of tied aid and partially untied aid credits for commercial purposes. Limits the amount that the Export-Import Bank may spend for administrative expenses. Makes appropriations for FY 1987 for the trade and development program and for the trade credit insurance program. Title V: General Provisions - Prohibits using any of the funds appropriated in this Act, other than appropriations for international organizations and programs, for certain water or related land resource projects proposed for construction within the United States. Prohibits using any of the funds appropriated by this Act or any of the counterpart funds generated by this Act to pay pensions, annuities, retirement pay, or adjusted service compensation to persons serving in the armed forces of a recipient country. Prohibits using certain funds appropriated or made available pursuant to this Act for: (1) making payments on procurement contracts which do not authorize the termination of such contract for the convenience of the United States; or (2) paying any assessments, arrearages, or dues of any member of the United Nations. Prohibits using any of the funds contained in title II of this Act to carry out the transfer of funds to international or multilateral lending organizations. Sets the maximum amounts of the funds appropriated or made available by this Act that shall be used for official residence expenses, entertainment expenses, and representation allowances of the Agency for International Development. Prohibits using certain funds appropriated or made available pursuant to this Act to finance the export of nuclear equipment, fuel, or technology. Prohibits using funds appropriated by this Act to: (1) help the government of any country repress the legitimate rights of the population; (2) finance aid or reparations to Angola, Cambodia, Cuba, Iraq, Libya, Vietnam, South Yemen, or Syria; or (3) finance aid to any country whose duly elected head of government is deposed by military coup. Prohibits obligating funds made available by this Act under an appropriation account to which they were not appropriated without the prior approval of both congressional appropriations committees. Continues the availability of certain AID funds provided the appropriations committees are notified. Prohibits using funds appropriated by this Act: (1) for publicity or propaganda purposes within the United States not authorized before enactment of this Act; and (2) to furnish assistance to a country which is in default for more than a year in a loan made by the United States pursuant to a program for which funds are appropriated under this Act, except for certain development assistance. Prohibits appropriations contained in this Act from remaining available after the expiration of the current fiscal year unless expressly provided in this Act. Prohibits making available any of the funds appropriated or made available pursuant to this Act to any international financial institution whose U.S. representative: (1) cannot upon request obtain the amounts and names of borrowers for all loans of such institution; or (2) cannot upon request obtain any document developed by the management of such institution. Prohibits using funds appropriated for direct assistance and Export-Import Bank funds and Overseas Private Investment Corporation funds to finance any loan or other assistance for establishing or expanding production of any commodity for export by any country other than the United States if the commodity is likely to be in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of the same, similar, or competing commodity. Provides that such prohibition shall not apply to the Export-Import Bank if the benefits to U.S. industry and employment are likely to outweigh injury to U.S. producers. Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international finance institutions to oppose assistance by these institutions for the production of any commodity for export if it is in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of the same, similar, or competing commodity. Prohibits using specified funds made available under this Act for operations not justified or in excess of the amount justified to the appropriations committees for obligation under any of these specific headings for FY 1986 unless the appropriations committees are notified 15 days in advance. Limits expenditures for consulting services through procurement contracts. Prohibits using funds appropriated under this Act to lobby for abortion. Prohibits making such funds available for any country that fails to take adequate measures to prevent narcotic drugs or other controlled substances from being sold illegally within the jurisdiction of such country to U.S. Government personnel or from entering the United States unlawfully. Prohibits any of the international organizations and programs funds from being available for the U.S. proportionate share for any programs for the Palestine Liberation Organization (PLO), the Southwest African Peoples Organization, Libya, Iran, or, at the discretion of the President, certain communist countries. Requires the President to report to the Congress annually on the degree of support of each foreign country for U.S. foreign policy. Prohibits making any foreign aid funds available to a country which is engaged in a consistent pattern of opposition to U.S. foreign policy. Authorizes Israel to use any loan which is or was made available to it under the Arms Export Control Act and for which repayment is or was forgiven before using any other loan made available under such Act. Prohibits U.S. employees from recognizing or negotiating with the PLO or representatives of the PLO so long as the PLO does not recognize Israel's right to exist, does not accept Security Council Resolutions 242 and 338, and does not renounce the use of terrorism. Declares that it is U.S. policy that the Economic Support Fund assistance provided to Israel shall not be less than the annual debt repayment from Israel to the United States. Declares that none of the funds made available in this Act shall be restricted for obligation or disbursement solely as a result of the policies of a multilateral institution. Prohibits ceilings or earmarks contained in this Act from being applied to funds made available by subsequent Acts unless such subsequent Acts specifically so direct. Directs the Secretary of the Treasury and the Secretary of State to submit to specified congressional committees by February 1, 1987, a report on the domestic economic policies of those nations receiving U.S. economic aid. Prohibits obligating or spending any economic support funds or foreign military sales credit funds for Lebanon except as provided through a specified notification process. Limits to 50 percent the amount of the funds made available by this Act for each of Jamaica and Peru that shall be obligated unless the President reports to the Congress that these countries are sufficiently responsive to U.S. concerns on drug control and that the added expenditures for each country are in the national interest. Imposes limitations on aid to Bolivia during FY 1987. Prohibits using funds made available in this Act to make available to El Salvador any helicopters or other aircraft and prohibits issuing licenses for the export of such aircraft to El Salvador unless specified congressional committees are notified at least 15 days before such occurrences. Prohibits using funds provided in this Act for Guatemala in Guatemala's rural resettlement program, except through regular notification procedures. Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of the multilateral development banks to: (1) promote a commitment by these institutions to add staff and make other changes to review the environmental effects of projects; (2) promote changes in these banks in their preparation of projects and country programs that will encourage staff and borrower countries to involve environment and public health ministers, to use the resources of available nongovernmental organizations in the preparation of projects and in bank-supported country program planning to allow informed participation by local communities in such projects; (3) establish a regular integrated multidisciplinary planning process to conduct land use capability analyses in reviewing potential loans; (4) promote the commitment of such banks to develop plans to manage the rehabilitation and utilization of the ecological resources of borrower nations; (5) promote a commitment of these banks to increase the proportion of their lending programs supporting environmentally beneficial projects, resource rehabilitation projects, and appropriate light capital technology projects; (6) place an increased emphasis on upgrading the efficient use of energy by borrower nations; (7) seek a commitment of these institutions to fund projects to protect and preserve crucial wetland systems; (8) promote the establishment within the Economic Development Institute of the World Bank of a component which provides training in environment and natural planning and program development; and (9) raise the issue of the progress of such banks in improving their environmental performance; (10) require a four week project review period between the time when staff recommendations are presented to the board and board action on any projects. Directs the Secretaries of Treasury and State and the Administrator of AID to coordinate a thorough evaluation of the potential problems and possible solutions associated with specified types of proposed projects. Directs the Secretary of the Treasury and the Secretary of State to: (1) undertake additional measures to discuss ways of improving the environmental performance of the multilateral development banks; and (2) propose that the Boards of Governors of each multilateral development bank hold a special meeting focused on environmental issues. Directs the Secretary of the Treasury to report to the appropriations committees on the progress made in implementing certain reforms. Directs the Administrator of AID to: (1) instruct overseas missions of AID and U.S. embassies to analyze the effects of proposed multilateral development bank projects in the host country well in advance of approval of the projects; (2) compile a categorized list of projects likely to affect adversely the environment, natural resources, or indigenous peoples; and (3) study the feasibility of creating a cooperative early warning system for projects of concern with other interested donors. Requires the U.S. executive directors of the multilateral development banks to seek changes in projects if such report identifies adverse effects of such projects. Requires the Administrator of AID to consider appointing a Committee on Health and the Environment to examine opportunities for assisting countries in the proper use of agricultural and industrial chemicals and processes. Prohibits making development assistance funds available to: (1) pay for abortions as a method of family planning or to motivate or coerce any person to practice abortions; (2) pay for involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations; (3) pay for biomedical research which relates to the methods of, or performance of, abortions or involuntary sterilization as a means of family planning; or (4) any country or organization if the use of such funds by such country or organization would violate any of the abortion or involuntary sterilization provisions. Reaffirms the congressional commitment to population, development assistance and to the need for informed voluntary family planning. Earmarks a specified amount of the development assistance and Economic Support Fund assistance appropriated by this Act for the Afghan people. Prohibits making any of the funds provided in this Act available for the Sudan if the Sudan is acting in a manner that would endanger the stability of the region or the Camp David peace process. Requires the President to make available to the Cambodian non-communist resistance forces a specified amount of the funds appropriated by this Act for military assistance and for the Economic Support Fund. Prohibits making any of the funds appropriated by this Act available to a private voluntary organization which fails to provide the records necessary for an AID audit. Withholds a specified amount of military aid from El Salvador until the President reports the appropriations committees that El Salvador has: (1) substantially concluded all investigations with respect to those responsible for the January 1981 murders of specified U.S. and Salvadoran land reformers; and (2) pursued all legal avenues to bring to trial and obtain a verdict of those responsible for such murders. Expresses the sense of the Congress that all countries receiving U.S. foreign aid should cooperate in facilitating lasting solutions to refugee situations. Calls upons the President to: (1) direct AID to work in a global effort to provide enhanced support toward achieving the goal of universal access to childhood immunization by 1990; and (2) appeal to the U.S. private sector to support efforts to reach this goal. Prohibits making any of the funds appropriated by this Act available for any costs associated with Ethiopia's forced resettlement program. Prohibits obligating any of the funds appropriated or otherwise made available by this Act until any required report has been issued. Permits the disbursement of certain funds appropriated under prior year appropriation Acts for foreign military sales credit or guaranties without the requirement of repayment of principal and interest if the appropriations committees are notified 15 days in advance. Amends the Arms Export Control Act to require the President to charge interest on foreign military sales credits at a rate of at least one-half the market interest rate or five percent per year whichever is less. Amends the International Security and Development Cooperation Act of 1985 to repeal the limitations on certain military and economic assistance for the Philippines. Expresses the sense of the Congress that the United States should oppose all loans to Chile from multilateral development institutions, except for those for basic human needs, until: (1) Chile has ended its pattern of gross abuse of internationally recognized human rights; and (2) significant steps have been taken by Chile to restore democracy. Prohibits any of the development assistance funds appropriated from being made available for any testing or other effort in connection with the production in a foreign country of an agricultural commodity for export which would compete with a similar commodity produced in the United States. Excludes from such prohibition activities designed to increase food security in developing countries, if such activities will not have a significant impact in U.S. agricultural exports, or research activities intended primarily to benefit American producers. Prohibits the obligation of funds provided in this Act for AID, except Caribbean Basin Initiative funds, to: (1) procure studies for, or project profiles of potential investment in, the manufacture for export to the United States or to third country markets in competition with U.S. exports of import-sensitive articles; or (2) assist directly in the establishment of facilities for the manufacture of such articles.
United States · United States Congress · 10 September 1986
Household Goods Transport Competition Improvements Act of 1986 - Amends Federal law regarding interstate household goods transportation to prohibit specified terms which have anti-competitive effects from appearing in agency contracts between household goods moving firms and motor common carriers of household goods. Declares that such provisions are unenforceable if they appear in contracts entered into before the date of enactment of this Act. Requires the Interstate Commerce Commission to: (1) consider the effects that pooling agreements between a motor common carrier of household goods and its agents may have upon the agent firms and all forms associated with such agent firms by common ownership; and (2) preserve the operational flexibility and competitive potentials of such agents and firms under common ownership with them.
United States · United States Congress · 3 September 1986
General Aviation Accident Liability Standards Act of 1986 - Declares that this Act supersedes any State law regarding liability for general aviation accidents. Establishes guidelines for uniform standards of liability of general aviation manufacturers for general aviation accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 20 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions for harm arising out of a general aviation accident.
United States · United States Congress · 15 August 1986
National Appliance Energy Conservation Act of 1986 - Amends the Energy Policy and Conservation Act to add to the list of products covered under the Act: (1) freezers which can be operated by alternating current electricity (with specified exceptions); (2) central air conditioning heat pumps; (3) direct heating equipment; and (4) pool heaters. Deletes from specific coverage: (1) television sets; (2) humidifiers; and (3) dehumidifiers. Excludes from such coverage consumer products designed solely for use in recreational vehicles and other mobile equipment. Authorizes the Secretary of Energy (the Secretary) to amend Federal energy efficiency test procedures for appliances under specified guidelines. Prohibits manufacturers from making any representations regarding the energy efficiency of appliances covered by this Act unless such appliances have been tested in accordance with the Federal test procedures, and the manufacturer's representations fairly disclose the results of such testing. Sets forth specific Federal energy conservation standards for products covered by this Act and manufactured after certain dates. Establishes deadlines by which the Secretary must issue rules regarding such standards. Details the criteria to be applied if such standards are revised. Revises the information requirements with which manufacturers must comply to provide that the Secretary shall exercise authority in a manner designed to minimize unnecessary burdens on manufacturers of covered products. Revises the rules under which State regulations are superseded by the Federal regulations for testing and labeling requirements and energy conservation standards. Permits the waiver of Federal preemption if the Secretary finds that such waiver is needed to meet compelling and unusual local energy conditions. Prescribes procedural guidelines for such a waiver. Details conditions under which State and local building code requirements regarding energy conservation standards are not superseded by the standards promulgated under this Act. Permits the commencement of a citizen's suit against the Secretary for failure to comply with a nondiscretionary duty to issue rules according to prescribed schedules. Directs the courts to expedite the disposition of such suits. Vests jurisdiction in the Federal district courts over actions brought by any adversely affected person to determine whether a State or local government is complying with the requirements of this Act. Declares that the required submission by the Secretary of an annual report regarding Federal energy efficiency standards does not constitute a defense or justification for a failure by such Secretary to comply with the nondiscretionary duty provided for in this Act.
![Official portrait of Sen. Kasten, Robert W., Jr. [R-WI]](https://www.congress.gov/img/member/k000019_200.jpg)