United States · United States Congress · 19 February 1987
Fair Housing Amendments Act of 1987 - Amends specified Acts to rename them the Civil Rights Act of 1968 and the Fair Housing Act. Amends the Fair Housing Act to make it unlawful to: (1) refuse to sell or rent a dwelling to an individual because that individual, or someone associated with that individual, is handicapped; (2) discriminate against a handicapped individual in the conditions of sale or rental, or in the provision of a related service or facility; (3) refuse to permit reasonable modifications, at the expense of the handicapped person, to permit access to the premises; or (4) refuse to make reasonable accommodations in rules, policies, or services to afford handicapped individuals equal use and enjoyment of a dwelling. Makes it unlawful for anyone engaged in residential real estate-related transactions to discriminate in the provision or terms of a transaction because of race, color, religion, sex, handicap, familial status, or national origin. States that nothing in this Act limits the applicability of any reasonable local, State, or Federal restrictions on the maximum number of occupants permitted to occupy a dwelling unit. States that nothing in this Act regarding familial status applies to any State or Federal program aimed at assisting the elderly. Establishes new administrative enforcement authority in addition to existing enforcement provisions. Directs the Secretary of Housing and Urban Development to transmit an annual report to the Congress on the progress made in eliminating discriminatory housing practices. Allows an aggrieved person to file a complaint with the Secretary alleging a discriminatory housing practice. Allows the Secretary to file such a complaint on his own initiative or investigate a housing practice to determine whether such a complaint should be brought. Requires the Secretary to attempt to correct the discriminatory practice by informal methods of conciliation. Requires the Secretary to refer matters to the Attorney General, recommending that civil actions be filed, where a respondent has failed to comply with conciliation agreements. Allows the Secretary to refer matters to the Attorney General for prompt judicial action when necessary. Makes certain changes in the current requirements for referring charges to State or local agencies for investigation and enforcement. Specifies the elements of "substantial equivalency" which permit certification and referrals of discrimination charges. Permits the Secretary to file an administrative complaint or refer the matter to the Attorney General for civil action if the investigation supports a finding of reasonable cause, except with respect to matters involving land use control, which must be referred. Specifies the hearing procedures to be utilized if an administrative complaint is issued. Permits criminal penalties of up to a $100,000 fine and/or imprisonment for not more than one year for noncompliance with subpoenas or other lawful orders. Permits the administrative law judge to award appropriate relief, including punitive damages. Permits the filing of a petition for review of a final order in an appropriate court of appeals within 30 days of service of such order. Permits any prevailing party to be awarded reasonable attorney's fees. Makes certain revisions in the private right of action for aggrieved persons. Extends the statute of limitations from 180 days to two years. Disallows simultaneous administrative and judicial proceedings involving the same charge. Allows the Attorney General to intervene upon certification that the civil action is of general public importance. Continues the authority of the Attorney General to initiate civil actions where there is reasonable cause to believe that a pattern or practice of resistance to fair housing rights has occurred. Permits the Attorney General to commence a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint. Describes the types of relief which may be granted in civil actions under such Act.
United States · United States Congress · 19 February 1987
Extends adverse action provisions of Federal law regarding Federal employees (concerning removal, suspension for more than 14 days, reduction in grade or pay, or furlough for 30 days or less) to Postal Service employees who: (1) are preference eligibles; (2) are supervisors or employees engaged in confidential personnel work; and (3) have completed one year of continuous service in the same or similar positions. Authorizes the Director of the Office of Personnel Management to obtain judicial review in the United States Court of Appeals for the Federal Circuit if: (1) the Director determines that the Board of Governors of the Postal Service erred in interpreting a civil service law, rule, or regulation affecting personnel management, and that the Board's decision will have a substantial impact on a civil service law, rule, regulation, or policy directive; or (2) the Postal Service makes such determination regarding postal personnel management.
United States · United States Congress · 19 February 1987
Stratosphere Protection Act of 1987 - Directs the Administrator of the Environmental Protection Agency to list manufactured substances known or reasonably anticipated to cause atmospheric modification, including stratospheric ozone depletion, and to assign an ozone depletion potential to each substance (the priority list). Requires the Administrator to list simultaneously and update annually other manufactured substances meeting the same criteria, assigning ozone depletion potentials for each. Includes specified chlorofluorocarbons on each list. Requires producers of substances on either list to report initially and annually to the Administrator on such production until it ceases. Limits production of substances on the priority list to 1986 levels after 1987. Prohibits the production, after 1994, of any substances in quantities sufficient for the ozone depletion potential to exceed five percent of the United States' portion of depletion for 1986. Sets forth a compliance schedule. Permits modifications, exceptions, and offsets as specified. Establishes phased-in penalties for violations, assessed on the degree of competitive advantage gained by using the ozone depleting substance. Prohibits imports of such substances or products manufactured using such substances unless the exporting nation has an equivalent or more stringent production reduction program. Requires the Administrator to notify each nation of this restriction and to certify national programs, such certification to be reviewed annually. Equates imports with production when determining a manufacturer's required reductions. Requires containers of listed substances to carry labeling stating the contents and potential damaging effects. Authorizes the Administrator to assess civil penalties or seek injunctive relief for violations and to revoke any permit for continued noncompliance. Establishes criminal penalties for knowing violations. Permits judicial review of final regulations and permits the taking of additional evidence as specified. Authorizes citizen suits against violators or the Administrator, subject to specified conditions. Requires that the Administrator be notified of such suits. Permits the Administrator to intervene as a matter of right. Permits others to intervene as a matter of right against alleged violators. Permits the awarding of costs and fees to the substantially prevailing party.
United States · United States Congress · 19 February 1987
Stratospheric Ozone and Climate Protection Act of 1987 - Directs the Administrator of the Environmental Protection Agency to publish a priority list of manufactured substances known or reasonably anticipated to cause atmospheric modification, including stratospheric ozone depletion, and to assign an ozone depletion potential to each substance. Requires the Administrator to list simultaneously and update annually other manufactured substances meeting the same criteria, assigning ozone depletion potentials for each. Includes specified chlorofluorocarbons on each list. Requires producers of substances on either list to report initially and annually to the Administrator on such production until it ceases. Limits production of substances on the priority list to 1986 levels after 1987. Requires further scheduled reductions until 1993, when a reduction to five percent of 1986 production levels must be achieved. Prohibits the production, beginning in 1994, of any substances in quantities sufficient for the ozone depletion potential to exceed five percent of the United States' portion of depletion for 1986. Sets forth a compliance schedule. Permits modifications, exceptions, and offsets as specified. Prohibits imports of such substances or products manufactured using such substances, unless the exporting nation has an equivalent or more stringent production reduction program. Requires the Administrator to certify national programs, such certification to be reviewed annually. Equates imports with production when determining a manufacturer's required reductions. Requires containers of listed substances to carry labeling stating the contents and potential damaging effects. Authorizes the Administrator to assess civil penalties or seek injunctive relief for violations and to revoke any permit for continued noncompliance. Establishes criminal penalties for knowing violations. Permits judicial review of final regulations and permits the taking of additional evidence as specified. Authorizes citizen suits against violators or the Administrator, subject to specified conditions. Requires that the Administrator be notified of such suits. Permits the Administrator to intervene as a matter of right. Permits others to intervene as a matter of right against alleged violators. Permits the awarding of costs and fees to the substantially prevailing party.
United States · United States Congress · 19 February 1987
Directs the Administrator of the Environmental Protection Agency and other involved agencies to ensure that eligible local educational agencies receive financial assistance under the Asbestos School Hazard Abatement Act of 1984 in time to complete asbestos abatement work not later than the end of the 1987 summer school recess.
United States · United States Congress · 19 February 1987
Supports the President in seeking global measures regarding the adverse effects resulting from the release of chlorofluorocarbons and other manufactured chemicals that may deplete the ozone layer, including negotiating an immediate international reduction in the use of chlorofluorocarbons and the expeditious elimination of fully halogenated chlorofluorocarbons and other manufacturing chemicals that may deplete the ozone layer.
United States · United States Congress · 17 February 1987
Plastic Waste Reduction and Disposal Act of 1987 - Title I: Study of Plastic Pollution - Directs the Administrator of the Environmental Protection Agency to study and report to the Congress on how to mitigate the adverse effects on the environment, including fish and wildlife, of discarding and dumping plastics. Title II: Regulation to Control Plastic Pollution - Requires packaging containers, within 18 months of this Act's enactment, to be made of a naturally degradable material which decomposes within a specified period. Permits States or subdivisions to adopt more stringent standards. Establishes criminal penalties for violations of this Act.
United States · United States Congress · 17 February 1987
Prohibits the dumping of plastics, food wastes, or other garbage into the waters of the United States, except as specified. Establishes civil penalties for violations and authorizes the use of injunctive relief. Directs the President to ensure compliance of public vessels with Annex V of the International Convention of Pollution from Ships and with this Act. Requires the Secretary of Transportation to provide refuse disposal facilities at ports and terminals.
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
Jobs for Employable Dependent Individuals Act - Amends the Job Training Partnership Act to entitle each State to the payment of a bonus for the successful job placement of certain employable dependent individuals. Makes an individual who is a head of a household eligible to be counted for an incentive bonus if the individual: (1) has received benefits continuously under part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act or under cash and medical assistance to refugees, for at least two years prior to participation in education, training, and support activities designed to provide jobs for such individuals and has no work experience for the year preceding the year for which the eligibility determination is made; or (2) receives benefits at the time the determination of eligibility is made under aid to families with dependent children, or under cash and medical assistance to refugees, and has not attained 22 years of age, has not completed secondary school or its equivalent, and has no work experience for the year preceding the year for which the eligibility determination is made. Requires that such individual: (1) participate in education, training, and support activities designed to provide jobs for such individuals; (2) be placed in nonsubsidized employment for at least one year after such participation; (3) receive from such employment an income equal to or greater than cash benefits under aid to families with dependent children or under cash and medical assistance to refugees; and (4) no longer qualify for such benefits. Provides that the amount of the incentive bonus paid to each State shall be equal to: (1) 75 percent of the placement bonus base for each successful placement; (2) 50 percent of the placement bonus base for the second continuous year of such employment; and (3) 25 percent of the placement bonus base for the third continuous year of employment. Sets forth formulas for determination of the placement bonus base. Sets forth State application requirements. Requires adequate verification of placements for approval of applications. Directs the Governor to reserve an amount equal to the amount the State receives for incentive bonuses. Directs the Governor to set aside up to 15 percent of such amount for distribution to participating State agencies to support the costs of establishing and maintaining systems necessary for the operation of the incentive bonus program. Directs the Governor to distribute the remainder of the reserved amount to participating agencies, private industry councils in service delivery areas, and service providers who contribute to the incentive bonus program for education, training, and support activities designed to provide jobs. Directs the Secretary of Labor to evaluate the program under this Act and to report to the Congress within three years after enactment of this Act on the costs and savings of such program. Provides for targeted assistance for employable dependent individuals. Provides for reallocation to States of certain available amounts based on the number of AFDC recipients and on the number of placements of individuals who are heads of households who receive AFDC benefits and job training under programs conducted with Federal financial assistance. Provides that the reallocated amounts shall be targeted to training activities, including outreach activities and preemployment support activities for employable dependent individuals. Authorizes appropriations for the program of incentive bonus payments for employable dependent individuals.
United States · United States Congress · 4 February 1987
Food Irradiation Safety and Labeling Requirement Act of 1987 - Prohibits the Secretary of Agriculture from implementing pork irradiation regulations and the Secretary of Health and Human Services from implementing other food irradiation regulations. Requires the Secretary of Health and Human Services to arrange for and report within two years on a study of the risks to human health and the environment presented by food irradiation. Amends the Federal Food, Drug, and Cosmetic Act to require that food for domestic use or export which has been irradiated be labeled in a prescribed fashion. Requires restaurant menus to indicate when foods have been irradiated. Requires persons irradiating food to report semiannually to the Secretary.
United States · United States Congress · 4 February 1987
Mutual Nuclear Warhead Testing Moratorium Act - Expresses the sense of the Congress that the President should declare that the United States: (1) will, as soon as in-country reciprocal monitoring arrangements are implemented, stop testing nuclear warheads; and (2) will invite the Soviet Union to stop testing nuclear warheads and meet with the United States to enter into negotiations for the conclusion of a Comprehensive Test Ban Treaty at the earliest possible date. Declares that the United States should continue the cessation of the testing of nuclear warheads so long as the Soviet Union refrains from the testing of nuclear warheads and substantive Comprehensive Test Ban Treaty negotiations are in progress. Expresses the sense of the Congress that during such cessation the President should seek resumption of the comprehensive test ban talks. Prohibits the United States from obligating or spending any money for testing nuclear warheads outside a designated test area or for testing certain larger warheads within such a test area during the 12-month period beginning 90 days after enactment of this Act if the President does not declare a cessation of nuclear testing. Declares that such prohibition shall cease to apply if the President certifies that: (1) the Soviet Union has carried out such tests; or (2) after the prohibition takes effect, the Soviet Union refuses to accept and implement reciprocal in-country monitoring arrangements. Sets forth information to be included in such certification. Declares that the limitation on nuclear explosions shall be supplanted by a U.S.-Soviet agreement establishing significant limits on nuclear explosions that is negotiated after enactment of this Act. Requires the President to report annually to the Congress on progress in negotiating a U.S.-Soviet Comprehensive Test Ban Treaty.
United States · United States Congress · 3 February 1987
Amends the Internal Revenue Code to disallow an income tax deduction for any amounts paid or incurred to advertise any tobacco products. Defines "tobacco products" as cigarettes, cigars, smokeless tobacco, pipe tobacco, or any similar tobacco product.
United States · United States Congress · 3 February 1987
Amends the Internal Revenue Code to increase the excise tax on cigarettes from: (1) $8 to $16 per thousand for small cigarettes; and (2) $16.80 to $33.60 per thousand for large cigarettes. Increases the excise tax on snuff from 24 cents to $1.20. Increases the excise tax on chewing tobacco from eight cents to 40 cents. Imposes a floor stock tax on domestic and imported large and small cigarettes, snuff, and chewing tobacco.
United States · United States Congress · 3 February 1987
Declares that it is the sense of the Senate that neither the President nor the Congress should impose fees on imported crude oil and refined petroleum products.
United States · United States Congress · 3 February 1987
Expresses the sense of the Congress that the Social Security Administration should not take actions which impair the ability of the staff of the Social Security Disability Insurance (SSDI) program to make eligibility determinations in accordance with the Social Security Disability Benefits Reform Act of 1984. Urges the Social Security Administration to place a higher priority on assisting States in both complying with the 1984 reforms and improving the accuracy of SSDI eligibility determinations.
United States · United States Congress · 2 February 1987
Gives special recognition to the achievements of wilderness ecologist Aldo Leopold. Urges Federal land management agencies to model their activities after the conservation ethic he inspired.
United States · United States Congress · 29 January 1987
SALT II Sublimit Mutual Restraint Act of 1987 - Prohibits, within 60 days after enactment of this Act, the obligation or expenditure of funds through December 31, 1987, which would cause the United States to exceed the numerical sublimits on strategic launchers and platforms contained in the SALT II Treaty. Requires the President, within 30 days after enactment of this Act, to notify the Congress of his plans for carrying out this provision. Directs the President, by October 15, 1987, to report to the Congress concerning dismantling actions taken by the United States and the Soviet Union to comply with the SALT II numerical sublimits. Reaffirms the sense of the Congress that it is in U.S. national security interests to comply with the numerical sublimits of the SALT II Treaty as long as the Soviet Union does likewise. Encourages the President to pursue restraints on offensive nuclear forces with the Soviet Union until a new comprehensive nuclear arms agreement is concluded. Waives all such numerical compliance if the President notifies the Congress, with an accompanying report, that the Soviet Union has exceeded the numerical sublimits.
United States · United States Congress · 29 January 1987
Medicaid Infant Mortality Amendments of 1987 - Amends title XIX (Medicaid) of the Social Security Act to allow States to extend Medicaid coverage to pregnant women and infants under age one whose family income exceeds current income eligibility standards, but does not exceed 185 percent of the Federal poverty level. Authorizes States to accelerate the coverage of poor children under age five. (Currently, coverage would not be extended to all poor children under age five until FY 1991.) Allows States to extend Medicaid coverage to poor children under age eight.
United States · United States Congress · 28 January 1987
Education for Competitive America Act - Title I: Education for Economic Security - Education for Economic Security Reauthorization Act - Amends the Education for Economic Security Act to extend through FY 1993 the authorization of appropriations under title II of such Act for financial assistance from the Secretary of Education to State and local educational agencies and to institutions of higher education to improve the skills of teachers and instruction in mathematics, science, computer learning, and foreign languages. Extends through FY 1993 the authorization of appropriations under title III of the Act for the National Science Foundation program for partnerships in education for mathematics, science, and engineering to improve the quality of instruction, furnish additional support for research, student scholarships, and faculty exchange programs, and encourage educational partnerships among business, higher education, and elementary and secondary schools. Title II: Foreign Language Assistance - Foreign Language Assistance Act of 1987 - Directs the Secretary of Education to make grants to State educational agencies to fund model programs, designed and operated by local educational agencies, for the improvement and expansion of foreign language study for children who reside within their school districts. Sets forth formulas for determining the amount of such grants based on State population. Sets forth provisions relating to the availability of such funds. Sets forth grant application requirements for State educational agencies, including provisions for periodic student proficiency evaluation. Provides for program participation by private school children. Authorizes appropriations for FY 1988 through 1993 to carry out this title. Title III: Vocational Education - Amends the Carl D. Perkins Vocational Education Act to authorize appropriations for FY 1988 and 1989 to provide vocational training to: (1) workers, especially those 55 and older, who have been or are about to be adversely affected by foreign competition; (2) unemployed or underemployed individuals; (3) current employees in order to make their industries more competitive; and (4) individuals in high technology occupations. Title IV: Adult Education - Amends the Adult Education Act to authorize appropriations for FY 1988 and 1989 for grants to States in order to provide literacy training to: (1) unemployed or underemployed individuals in order to enhance their employability; (2) displaced workers; (3) illiterate adults; and (4) illiterate, out-of-school youth who are not enrolled in other education programs. Title V: Technology Transfer Training - Training Technology Transfer Act of 1987 - Establishes the Office of Training Technology Transfer in the National Technical Information Service (NTIS) of the Department of Commerce. Provides that the Director of the Office shall be appointed by the Secretary of Commerce, in consultation with the Secretaries of Education and Labor. Sets forth provisions relating to staffing and staff compensation. Requires the Director to compile and maintain a current and comprehensive inventory of all training technology developed by or under the supervision of Federal agencies. Defines "training technology" as computer software which is developed by a Federal agency to train its employees and which may be transferred to or converted for use by a commercial user or a public interest user. Includes under such definition software for computer-based instructional systems, interactive video disc systems, microcomputer training devices, audiovisual devices, and programmed learning kits, and associated manuals and devices integrally related to the software program. Requires the Director, in compiling such inventory, to: (1) consult with and fully utilize the resources of all Federal agencies engaged in the collection and dissemination of information concerning training technology; and (2) request the participation and cooperation of entities in the legislative and judicial branches. Requires the Director to disseminate the inventory and its revisions widely and on a regular basis to give all potential users of training technology ample notice of its development by Federal agencies. Requires the Director, in doing so, to use all interagency and intergovernmental communications mechanisms and to encourage the participation of independent private sector organizations. Requires the Director to develop and distribute detailed instructions and procedures for securing copies, and rights thereto, of training technology listed in such inventory and guidelines for cooperative agreements between commercial users and public interest users under specified provisions of this title. Defines "public interest user" as: (1) any Federal agency which uses or intends to use the training technology of another Federal agency; and (2) any nonprofit entity which uses or intends to use the training technology of a Federal agency and which provides job training, vocational education, or other education services (including public school systems, vocational schools, private preparatory schools, colleges, universities, community colleges, private industry councils, community-based organizations, and State and local government agencies). Requires the Director to advise and consult with any prospective public interest user of training technology listed in the inventory and assist such user in securing the transfer and conversion of such technology from the Federal agency which developed it. Requires the Director to encourage such user to obtain such technology by working with the Training Technology Transfer Officer of such agency. Requires the Director, if an agency has not established procedures for the transfer of training technology, to negotiate the transfer of such technology upon application by such user. Requires the Director to advise and consult with any prospective commercial user of a training technology listed in the inventory. Authorizes the Director to sell or lease such technology, including exclusive or nonexclusive rights in patents or copyrights, to a commercial user for a price or fee which reflects a reasonable return to the Government. Authorizes the Director to waive, or negotiate reductions of, such purchase prices or lease fees, or negotiate exclusive sale or lease agreements or other favorable terms for commercial users who agree to enter into cooperative agreements with public interest users or user groups. Requires such agreements to be acceptable to the Director and to provide for a conversion of the training technology, without charge, by the commercial user to meet the specific needs of the public interest user or user group. Requires the Director, in negotiating such terms for the sale or lease of training technology, to give preferential consideration to cooperative agreements which: (1) will result in enhancing the employment potential and potential earnings of the maximum number of individuals; (2) encourage and promote multiple uses of training technology converted by users with similar training needs; and (3) provide beneficial uses of training technology for small businesses. Requires any training technology converted under such a cooperative agreement to be: (1) listed in the inventory; and (2) available for transfer to any other public interest user. Requires the Director to: (1) study the effectiveness of training technology transfers and conversions under this title; and (2) analyze national needs for methods to convert training technology which are in addition to the method of cooperative agreements between commercial and public interest users. Requires the Director, within three years after the enactment of this title, to report to the Congress on such study and analysis, with the Director's recommendations as to whether the public interest would be served through the establishment of a program of grants to support the conversion of training technology. Requires all Federal agencies to cooperate with the Director in implementing this title. Requires Federal agency heads to report to the Secretary of Commerce if they find that their agency cannot cooperate with the Director for reasons of national security or any other reason. Directs the Secretary to report all such findings received during the preceding 12-month period to the Congress by July 1 of each year. Requires the Director to cooperate with the Federal Software Exchange Center of NTIS to facilitate training technology transfer between Federal agencies. Requires the Director, in carrying out this title, to take into account the human factors involved in integrating the work force with new technological developments (including psychological, physiological, sociological, and socioeconomic factors). Sets forth administrative provisions. Establishes the Training Technology Transfer Advisory Board and sets forth provisions relating to Board appointments, compensation, and meetings. Authorizes appropriations for FY 1988 and succeeding fiscal years. Title VI: Higher Education Programs - Amends the Higher Education Act of 1965 to authorize appropriations for the Department of Education for FY 1988 through 1991 to provide for the acquisition, translation, and dissemination of foreign technical and scientific periodicals that may be of value to Federal agencies, businesses, and U.S. researchers. Authorizes appropriations for FY 1988 through 1991 for Education Department grants for additional international foreign language centers and programs which are designed to address the issues of competitiveness of American industry. Authorizes appropriations for FY 1988 through 1991 for Education Department grants and contracts with institutions of higher education for graduate programs which offer joint degrees or coordinate degrees in business and international studies.
United States · United States Congress · 21 January 1987
Elementary and Secondary Education Amendments of 1987 - Transfers the provisions of chapter 1 (Financial Assistance to Meet Special Educational Needs of Disadvantaged Children) of the Education Consolidation and Improvement Act of 1981 (ECIA) to title I (Financial Assistance to Meet Special Educational Needs of Disadvantaged Children) of the Elementary and Secondary Education Act of 1965 (ESEA). Extends the duration of assistance under the title I program through FY 1993. Extends through FY 1993 the authorization of appropriations for the program under chapter 2 (Consolidation of Federal Programs for Elementary and Secondary Education) of ECIA. Repeals chapter 1 of ECIA.
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 · 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 · 16 January 1987
School Dropout Demonstration Assistance Act of 1987 - Authorizes appropriations for FY 1988 through 1990 for grants to local educational agencies (LEAs) for demonstration programs of dropout prevention, reentry, and information. Allots specified percentages of such funds to various categories of LEAs. Limits the Federal share of project cost to no more than 90 percent in the first fiscal year, 80 percent in the second, and 70 percent in the third. Sets forth grant application requirements, including plans for dropout information collection and reporting systems. Sets forth authorized activities for which such grants may be used. Requires that: (1) at least 30 percent of grant funds be used for dropout prevention activities; (2) at least 30 percent of grant funds be used for dropout reentry persuasion and assistance activities; and (3) not more than 15 percent of any grant be used for administrative costs. Requires that grants be used to supplement other funds. Requires grant recipients to cooperate with the coordination and dissemination efforts of the National Diffusion Network and State educational agencies. Directs the Secretary of Education to report annually to the appropriate committees of the Congress on the activities under this Act. Sets forth provisions for auditing and withholding payments. Directs the Secretary to use a specified amount to conduct a one-year study of the nature and extent of the dropout problem.
United States · United States Congress · 14 January 1987
Hearing Aid Compatibility Act of 1987 - Requires that all telephones sold, rented, or otherwise distributed in the United States be hearing aid compatible, except telephones that are manufactured before the effective date of this Act or that are not required to be registered with the Federal Communications Commission.
United States · United States Congress · 14 January 1987
Essential Highway Reauthorization Amendments of 1987 - Title I: Federal-Aid Highway Act of 1987 - Authorizes appropriations out of the Highway Account of the Highway Trust Fund for FY 1987 through 1990 for: (1) the Federal-aid Interstate primary program; (2) the Interstate substitution program; (3) the bridge replacement and rehabilitation program; (4) the territorial highway program for the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; (5) the Federal lands highways program; (6) highway safety programs; (7) certain hazard elimination and rail-highway crossing projects; (8) emergency relief projects; and (9) certain minimum apportionments. Authorizes FY 1987 through 1990 appropriations for the Bureau of Motor Carrier Safety. Sets guidelines under which authorizations for specified Federal-aid highway programs are determined by the average annual net highway tax receipts in the highway account of the Highway Trust Fund for FY 1987 through 1990. Mandates that the Federal share of net income from the revenues obtained by a State for sales, uses, or leases of right-of-way airspace be used by the State for eligible projects under the Federal-aid highway program. Merges Interstate construction, Interstate rehabilitation, and primary programs into a single program (the Interstate/Primary program). Authorizes States to allocate funds for any projects currently permitted under these programs. Eliminates the Federal-aid secondary and urban systems. Requires the repayment of Federal funds spent on construction items, materials, and rights-of-way on an Interstate or primary system if they are not applied to a transportation project within ten years. Sets forth apportionment and allocation guidelines for the Federal-aid system. Provides funding for both substitute highway and urban mass transit projects from the Highway Account of the Highway Trust Fund (thus eliminating the separate authorization for substitute transit projects). Directs the Secretary of Transportation to establish Federal inspection procedures for construction performed by State highway departments upon the Federal-aid system. Repeals the proscription against the use of convict-produced materials in Federal-aid highway system construction projects. Reduces a State's apportionment for the Federal-aid Interstate-primary program if: (1) the State fails to certify that a maintenance program is in effect for the Interstate System; or (2) the Secretary determines that a State is not adequately maintaining the Interstate System. Repeals the authority of the Secretary to discharge his or her construction oversight responsibilities regarding Federal-aid highway projects by accepting State certification that such projects are being implemented in accordance with State criteria that coincide with Federal criteria. Sets guidelines for the apportionment of sums and the Federal share payable for the Federal-aid highway program. Makes funds available to the State of Alaska for construction of access and development roads on the Federal-aid system. Sets forth, with specified exceptions, a maximum 75 percent Federal share of construction costs for: (1) primary system highways other than Interstate highways; and (2) bridge replacement and rehabilitation (for which current law fixes an 80 percent share). Sets a 90 percent maximum Federal share for Interstate projects and an 85 percent maximum share for Interstate substitute projects. Limits the Federal share for emergency relief projects to the normal rate for a project on a system, except under certain circumstances when it may increase to 100 percent. Repeals the increased share of 100 percent for traffic control signalization substitution, pavement marking, and commuter carpooling and vanpooling projects. Makes the Northern Mariana Islands, the Virgin Islands, Guam, and American Samoa eligible for Federal emergency relief funds for highway repair of damage caused by certain catastrophic failures or natural disasters. Permits the State of Maine and its offshore islands to maintain ferry operations in foreign or international waters. Authorizes the obligation of Federal-aid Interstate-Primary program funds for an Interstate 4R project (rehabilitation and repair project) on a toll road designated as part of the Interstate System if an agreement has been reached between the Secretary and the appropriate State officials that such road will become free to the public when such tolls are sufficient to liquidate its operation and debt service. Provides for funding of projects to eliminate hazards at railway-highway crossings. Makes certain apportioned funds available for implementation of the Strategic Highway Research Program. Requires the Secretary to develop criteria under which such funds shall be used to conduct research, development, and technology transfer determined to be strategically important to the national highway transportation system. Declares that no State matching share is required for such sums. Directs the Secretary to implement a transportation needs planning process with State and local officials only for urbanized areas of 200,000 (currently 50,000) population or more. Reduces from $10,000,000 to $2,500,000 the maximum sum which the Secretary is authorized to deduct for the administration of highway construction improvement programs. Authorizes the States to obligate a specified percentage of funds for such programs. Amends the Federal highway bridge replacement and rehabilitation program to require States to maintain a current inventory of all bridges subject to the National Bridge Inspection Standards. Includes in the Federal bridge program only non-Interstate primary system bridges. Makes bridges on the Interstate system eligible for Federal funds under the Interstate/Primary program. Declares that the Federal-aid Interstate-primary program shall consist of projects for the construction, rehabilitation, and improvement of the primary and Interstate System, and requires the Secretary to give priority consideration to: (1) completion of essential gaps on the Interstate System; and (2) rehabilitation of existing highway facilities. Directs the Secretary to allocate authorized appropriations for forest highways within the Forest Service regions and States according to the needs to various elements of the National Forest System. Amends the Federal Lands Highways Program to declare that funds available for park roads and parkways and Indian reservation roads shall be used by the Secretary and the Secretary of the Interior to pay for certain planning and construction costs. Amends the territorial highway program to require the designation in each territory of a territorial Federal-aid highway system including all highways eligible for funding. Amends the highway research and planning program to require that a minimum of one and one-half percent of sums apportioned each fiscal year to any State under the Federal-aid highways program be used for specified highway planning and research. Requires the Secretary to periodically report to the Congress concerning bridge projects, inspections, and rehabilitation conducted under the highway research and planning program. Decreases from one-half of one percent to one-quarter of one percent the National Highway Institute funds available for expenditure by a State highway department for the education and training of State and local highway department employees. Requires the Secretary (who currently is merely authorized) to provide education and training of highway employees at no cost to State and local governments for those subject areas which are a Federal program responsibility. Outlines the conditions under which real property may be donated by a person to a State or Federal agency. Amends the General Bridge Act of 1906 to repeal Federal regulatory authority over bridge tolls. Amends the Federal-aid Highway Act of 1978 to repeal the September 30, 1986, deadline for commencing construction on all Interstate segments and substitute projects. States that general Federal bridge authority applies to all bridges heretofore constructed under congressional authority, including bridges constructed under toll provisions. Makes interim provisions for certain unobligated funds. Title II: Highway Block Grant Act of 1987 - Prescribes guidelines for: (1) the apportionment of authorized appropriations; (2) progress payments to the States; (3) allocations to urbanized areas of 200,000 population or more; and (4) certain eligible highway construction and bridge rehabilitation projects. Replaces the highway and transit funding mechanism currently administered under the Federal Highway Administration and the Urban Mass Transportation Act with a block grant program funding mechanism wherein all funding is derived from the fees paid into the Highway Trust Fund. Provides for a maximum Federal share of 75 percent for such eligible projects. Requires each State to provide annual written assurances regarding the distribution of the highway block grants. Makes Federal nondiscrimination statutes applicable to federally assisted programs under the highway block grant. Authorizes the Secretary to withhold payments from a non-complying governmental unit. Authorizes appropriations for FY 1987 through 1990 to implement the highway block grant program.
United States · United States Congress · 14 January 1987
Expresses the sense of the Congress in opposition to reductions in Veterans Administration funding levels used to pay for health care for certain categories of eligible veterans.
United States · United States Congress · 12 January 1987
New Clean Air Act - Amends the Clean Air Act to limit after 1990 the number of hours a fossil-fuel-burning electric generating facility which is a major stationary source of sulfur dioxide emissions may operate according to its emissions rate. Requires such major sources to attain by 1995 the best degree of emission reduction technically available. Requires the Administrator of the Environmental Protection Agency (EPA) to publish demonstrated levels of emission reduction and to promulgate emission standards for oil shale production and processing facilities, synthetic fuels production facilities, and other categories of major energy-production sources. Requires the use of systems for gasoline vapor recovery of hydrocarbon emissions from fueling of motor vehicles in every air quality region which fails to attain the national primary ambient air quality standard for ozone by 1988. Increases the length of time control systems on cars must last. Requires vehicles after model year 1988 to be equipped with onboard hydrocarbon control technology. Sets standards for emissions of hydrocarbons, oxides of nitrogen, and particulates from light-duty vehicles and engines for implementation in model years 1992, 1990, and 1991, respectively. Sets emission standards for heavy-duty vehicles and engines for model years after 1990. Sets emission standards for light-duty trucks and engines for model years 1990 and after. Prohibits the sale of diesel fuel with a sulfur content above a certain level determined by the Administrator. Provides for the assessment of daily civil penalties for violations of the fuel and fuel additive regulatory requirements. Requires State vehicle inspection programs to require emissions testing or direct inspection of components of vehicle emissions control systems. Directs the Administrator to implement a monitoring system for assessing the effects of acid deposition by July 1, 1988. Makes it a violation of the Clean Air Act if a State's air pollutant emissions contribute to the violation of another State's water quality standard under the Clean Water Act. Amends the Clean Water Act to state that such emissions endanger health or welfare abroad if they contribute to the violation of such country's water quality standards. Directs the President to negotiate with Canada and Mexico by 1988 to cooperate in reducing air pollution. Directs the President to negotiate treaties or other international agreements to apply uniform standards of performance for the control of air pollutant emissions. Directs the Secretary of the Treasury to report to the Congress by 1989 on a system of tariffs on emissions sufficient to encourage reductions.
United States · United States Congress · 6 January 1987
Amends Federal law relating to construction by States in advance of apportionment to authorize the Secretary of Transportation to pay the Federal share of a State's highway construction project costs when a State: (1) has obligated all highway substitute, urban, secondary, or bridge funds apportioned or allocated to it, or has used or demonstrates that it will use the obligation authority allocated to it; and (2) proceeds to construct a highway substitute, urban, secondary, or bridge project without the aid of Federal funds; or (3) proceeds to construct any project on the Federal-aid primary system, including the Interstate System, without the aid of Federal funds. Provides that the Federal share of a State's construction costs on the Interstate System shall include the interest earned and payable on bonds issued by the State to the extent that the bond proceeds have been expended in the construction of such projects on the System. Prohibits the Secretary from approving applications for the Federal share of construction costs if the amount of approved applications in the category of funds involved exceeds certain apportionments for the applicant State.
United States · United States Congress · 6 January 1987
Federal-Aid Highway Act of 1987 - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1987 through 1990 for: (1) the Federal-aid Interstate-Primary program; (2) the Federal-aid Urban system; (3) the Federal-aid Secondary system; (4) bridge replacement and rehabilitation; (5) the Federal lands highway program; (6) the territorial highway program for the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Marianas; (7) highway safety construction programs; (8) highway safety research and development; (9) certain hazards elimination projects; (10) hazards elimination projects regarding railway-highway crossings; and (11) certain highway assistance programs. Makes highway construction projects on any public road serving the area of a withdrawn Interstate route eligible as highway substitution projects. Makes substitution funds available in a State for two years. Authorizes the Secretary of Transportation to adjust in September of 1986 and every subsequent September the last approved Interstate Substitute Cost Estimate to make apportionments for substitute highway projects and substitute transit projects on October 1 or as soon as practicable thereafter for fiscal years subsequent to FY 1986. Directs the Secretary to reserve in a State's account until a disposition decision has been reached an amount equal to the Federal funds expended to purchase a right-of-way for a withdrawn Interstate route if the State has not disposed of such right-of-way upon the date of enactment of this Act. States that upon repayment by a State of its right-of-way debt, such repayment shall be credited to the unprogrammed fund balance apportioned to such State, and shall then be available for expenditure in accordance with this Act. Directs the Secretary to set aside funds from specified authorizations for the Strategic Highway Research Program. Sets forth apportionment guidelines for FY 1987 through 1990 for: (1) the Federal-aid Interstate-Primary Program; (2) the Federal-aid Secondary System; and (3) the Federal-aid Urban System. Authorizes a State to transfer up to 50 percent of its apportionment between the Urban and Secondary Systems. Requires the approval of the affected local area officials before a State may transfer the allocations for an urbanized area of 200,000 or more population. Makes available for obligation for four years the sums apportioned for: (1) the Interstate Federal-aid Interstate-Primary Program; (2) the Federal-aid Secondary system; (3) the Federal-aid Urban system; and (4) bridge replacement and rehabilitation. Declares that apportioned amounts remaining unobligated at the end of four years shall lapse (except for the bridge rehabilitation apportionments, which shall be allocated by the Secretary as bridge discretionary funds). States that funds made available to the State of Alaska may be expended for access and development roads on a Federal-aid system. Prohibits the Secretary from reducing more than ten percent of a State's apportioned funds for its failure to: (1) adequately maintain the Interstate system; or (2) certify a maintenance program. Prohibits the Federal share payable for the Primary system (other than the Interstate system) from exceeding 75 percent of construction costs. Allows certain Interstate routes to be improved at a 90 percent Federal share. States that the Federal share payable for a highway emergency relief project may be 100 percent for emergency repairs accomplished in the first 30 days after an occurrence. Authorizes Federal funds to reimburse State costs for the relocation of utility facilities necessitated by a highway construction project, or by a State's highway safety improvement program. Authorizes the expenditure of Federal emergency relief funds for: (1) the Virgin Islands; (2) Guam; (3) American Samoa; and (4) the Northern Mariana Islands. Sets a $5,000,000 obligation ceiling upon such funds during any fiscal year. Revises the penalty provisions regarding violations of vehicle weight limitations on the Interstate System to provide that withheld funds will not lapse if they are subsequently released and obligated within the normal four-year availability period. Precludes Federal funding out of the Highway Trust Fund for State toll facilities which have not been certified to State officials as: (1) being adequately maintained; and (2) having an operator able to fund inadequately-maintained facilities without the use of Federal-aid highway funds. Requires any State Governor to report biennially to the Secretary on certified and uncertified toll facilities. Requires each State to survey and identify all highway-railroad crossings needing separation, relocation, or protective devices. Requires that half of all authorized funds for such crossings be made available for installing protective devices. Requires each State to report annually to the Secretary and the Secretary to report annually to specified congressional committees on program progress. Makes certain sums available for obligation for the Strategic Highway Research Program (SHRP). Authorizes the Secretary to implement the SHRP in cooperation with State highway departments. Directs the Secretary to set standards for the use of funds to conduct research, development, and technology transfer activities determined to be strategically important to the national highway transportation system. Authorizes the Secretary to provide grants to and enter into cooperative agreements with State highway departments or the National Academy of Sciences to conduct such activities. Requires the Secretary to report annually to certain congressional committees regarding the progress and research findings of the SHRP. Makes certain remedies against the United States applicable in any civil action against the National Academy of Sciences for injury or property loss arising from activities in connection with the Strategic Highway Research Program. Credits certain State-financed off-system bridge replacement and rehabilitation projects towards the non-Federal share of the cost of other Federal-aid bridge projects. Directs the Secretary to make a minimum allocation among the States so that a State's percentage of total apportionments shall be at least 85 percent of the percentage of estimated tax payments attributable to highway users in such State paid into the Highway Trust Fund. Adds total allocations as well as apportionments to the calculation of the 85 percent minimum funds. (Currently only apportioned programs are considered in the minimum allocation calculation.) Establishes the Federal-Aid Interstate-Primary Program to bring all elements of the primary system up to certain Federal standards. Declares that such program shall consist of projects for the construction, reconstruction, rehabilitation, restoration, and resurfacing or improvement of the primary system and the Interstate system. Requires the Secretary to give priority consideration to: (1) completion of essential gaps on the Interstate System; and (2) rehabilitation of existing highway facilities. Directs States to use for Federal-aid highway projects the net income received from the use, sale, or lease of right-of-way airspace acquired as a result of certain Federal highway programs. Requires the designation of a territorial Federal-aid highway system in each territory. Permits States to use Federal-aid highway funds earmarked for highway substitute projects for bicycle projects. Authorizes States to use one and one-half percent of apportioned Interstate Highway Transfer funds for highway planning and research facilities. Decreases from one-half of one percent to one-quarter of one percent the National Highway Institute funds available for expenditure by a State highway department for the education and training of State and local highway department employees. Requires the Secretary (who currently is merely authorized) to provide education and training of highway employees at no cost to State and local governments for those subject areas which are a Federal program responsibility. Outlines the conditions under which real property may be donated by a person to a State or Federal agency. Provides for: (1) crediting the fair market value of private right-of-way donations for highway projects to the State matching share when such donations are made to the State; and (2) revesting such property to the donor if it is not required after environmental assessments. States that the fair market value of lands donated to the State of California for a State Route 73 relocation and construction project in Orange County shall first be credited toward payment of the non-Federal share of such project cost. Prohibits State documents regarding safety enhancement of potential accident sites, road conditions, or rail-highway crossings from being either: (1) disclosed under the Freedom of Information Act; or (2) admitted into evidence in certain actions for damages. Makes "Buy American" provisions applicable to projects whose total costs exceed $500,000. Amends the General Bridge Act of 1906 to repeal Federal regulatory authority over bridge tolls. Authorizes the preferential employment of Indians on construction projects and contracts effected on Indian reservation roads. Directs the Secretary to cooperate with Indian tribal governments and the States to implement such preferential employment. Requires States to expend a minimum of ten percent of Federal-aid highway contracts with small businesses owned and controlled by socially and economically disadvantaged individuals. Prescribes guidelines for a disadvantaged business enterprise program. Releases the State of Maryland from the requirement of accepting title to any road or portion thereof (such as the Baltimore-Washington Parkway) in return for Federal participation in improvements to such Parkway. Authorizes appropriations for the upgrading of certain highways in the vicinity of the Waste Isolation Pilot Project (a nuclear waste storage repository in New Mexico). Sets forth obligation limitations for Federal-aid highways and highway safety construction programs for FY 1987 through 1990. Makes eligible for Federal-aid bridge funds costs incurred to mitigate harm to an historic bridge if the bridge remains part of the highway system. Requires States to identify historic bridges on the National Bridge Inventory. Requires the Transportation Research Board to review historic bridges and develop rehabilitation standards for such bridges. Sets forth allocation guidelines for forest highways for FY 1987 through 1990. Directs the Secretary to require the planting of native wildflowers for landscaping and scenic enhancement of Federal-aid highways. Directs the Secretary to conduct a Combined Road Program Demonstration to test the feasibility of approaches for combining, streamlining, and increasing the flexibility in the administration of the Federal-aid secondary Federal-aid urban and off-system urban and secondary bridge programs. Directs the Delaware River Joint Toll Bridge Commission to enter into an agreement with the Secretary of Transportation (in conjunction with the State highway agencies of Pennsylvania and New Jersey) to repay Federal funds previously obligated for the Delaware Water Gap Bridge on Interstate 80. Requires the Commission and such States to enter into an agreement with the Secretary of Transportation if the Commission and such States decide to operate an uncompleted bridge on Interstate 78 as a toll bridge. Grants congressional consent to a supplemental agreement between Pennsylvania and New Jersey which: (1) grants the Delaware River Joint Toll Bridge Commission authority to collect tolls and revenues for the use of Commission facilities and to expend such revenues for existing non-toll bridges over the Delaware River between New Jersey and Pennsylvania; and (2) authorizes such States to construct a bridge across the Delaware River in the vicinity of Easton, Pennsylvania, and Phillipsburg, New Jersey. Directs the Secretary to make arrangements with the Transportation Research Board (TRB) of the National Academy of Sciences to conduct a study of specified motor vehicle issues. Requires the TRB to report the study results to certain congressional committees. Authorizes appropriations. Requires the Secretary to conduct a study of national highway-railroad crossing improvement and maintenance needs. Delineates the issues to be addressed by such study. Directs the Secretary to report such study results to certain congressional committees. Authorizes appropriations. Makes certain unobligated balances available for specified projects.
United States · United States Congress · 6 January 1987
Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify a claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Requires the chairman of the Board of Veterans' Appeals to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will to reopen a claim will not be diminished by a juficial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Authorizes the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees in successful veterans' claims brought before a court as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 6 January 1987
High Risk Occupational Disease Notification and Prevention Act of 1987 - Establishes a Risk Assessment Board, within the Department of Health and Human Services, to: (1) review current medical and scientific reports on the incidence of disease associated with exposure to occupational health hazards; (2) identify and designate those populations at risk of such disease that should receive notification; and (3) develop a form and method of notification that will be used by the Secretary of Health and Human Services (the Secretary). Sets forth factors which the Board must consider in identifying and designating such populations at risk. Sets forth procedures for notice of proposed determinations. Directs the Board to notify or coordinate notification of at least 100,000 employees per year, and to make every reasonable effort to do so for at least 300,000 employees per year. Directs the Secretary to make every reasonable effort to ensure that each individual within a population at risk of disease is notified of the risk. Sets forth contents of such notification, including counseling information. Provides for telephone "hot lines" and other dissemination of information. Provides for judicial review of Board determinations. Authorizes the Secretary to certify a private employer or a State or local government to conduct notification. Requires, in the case of employees not currently exposed, that notification be transmitted to each employee in the designated population at risk of disease who was exposed to the occupational health hazard within 30 years prior to the date of notification. Requires individual notification, but where this is not reasonably possible, requires the notifying entity to make use of public service announcements and other appropriate means of notification. Requires, in the case of employees currently exposed, both individual notification and prominent warnings posted at the worksite. Requires specified data to be included in the notification where employers are subject to a hazard communication standard. Requires the Secretary to establish and certify ten occupational and environmental health centers to: (1) provide education, training, and technical assistance to personal physicians and social service professionals who serve employees notified that they are at risk under this Act; and (2) provide diagnosis, treatment, medical monitoring, and family services for such employees. Directs the Board to conduct or provide for research, training, and education aimed at improving the means of identifying employees exposed to occupational health hazards and providing medical assistance to such employees. Authorizes the Board to engage the services of experts and consultants. Requires schools of medicine, in order to receive Federal financial assistance, to offer a course of study on occupational diseases. Requires, for any employee notified, that the recommended testing, evaluation, and medical monitoring be made available by the current employer: (1) at no cost to the employee if any part of such exposure occurred in the course of the employee's employment by that employer; and (2) at cost if no part of such exposure occurred during that time. Prohibits discrimination by any employer or any other person against any employee on the basis that the employee is or has been a member of a population that the Secretary has determined to be at risk. Requires that the employee retain the same earnings, seniority, and benefits as in the former job if it is medically determined that the employee should be transferred to a less hazardous or non-exposed job. Sets forth enforcement authority under this Act including injunctive relief, reinstatement and other relief, and civil penalties. Directs the Secretary of Labor to report to the Congress annually regarding implementation and enforcement of the hazard communication standard. Directs the Secretary to report to the Congress annually regarding implementation and enforcement of notification under this Act. Requires each Federal agency that conducts epidemiological studies on occupational disease to establish procedures for notifying the subjects of such studies of findings demonstrating that they are part of a population at risk of disease. Authorizes appropriations for FY 1988 and 1989, setting aside a specified amount for research.
United States · United States Congress · 6 January 1987
Employee Educational Assistance Act of 1987 - Amends the Internal Revenue Code to make permanent the income tax exclusion for employee educational assistance programs. (Present law terminates such exclusion as of December 31, 1987.)
United States · United States Congress · 6 January 1987
Senatorial Election Campaign Act of 1987 - Amends the Federal Election Campaign Act of 1971 to provide for spending limits and public financing for Senate general elections. Sets forth eligibility requirements for such public financing, including: (1) that a candidate raise contributions of a specified amount; (2) that a percentage of such contributions be made by the candidate's constituents; (3) that at least one other candidate has qualified for the same general election; and (4) that the candidate and the candidate's committees agree to abide by provisions of this Act. Limits personal expenditures to $20,000 and overall spending to $600,000 plus 25 cents multiplied by the voting age population of the State involved. Establishes formulae for determining entitlements of candidates of a major party and for those not of a major party. Entitles candidates to certain broadcast media rates. Provides for additional payments and suspension of spending limits in cases of non-participating candidates and their committees exceeding spending limitations. Requires the Federal Election Commission to certify the eligibility of candidates to the Secretary of the Treasury in order for such candidates to receive payments. Requires the Secretary to maintain in the Presidential Election Campaign Fund the Senate Election Campaign Fund for the deposit of funds for payments to eligible candidates. Directs the Commission, after each election, to audit the campaign expenses of publicly financed candidates. Requires such candidates to repay any excess amounts received. Subjects Commission actions under this Act to judicial review by the United States Court of Appeals for the District of Columbia Circuit. Directs the Commission to report to the Senate after each election on actions taken under this Act. Authorizes appropriations to the Commission as necessary. Amends the Internal Revenue Code to increase the amount an individual may designate to the Presidential Election Campaign Fund from $1 to $2 (and in the case of joint returns, from $2 to $4). Establishes reporting requirements for Senate candidates relating to spending limitations, candidacy eligibility, and independent expenditures. Decreases, from $5,000 to $3,000, the amount a multicandidate political committee may contribute to an individual candidate or to any other political committee. Limits the overall contributions that a multicandidate political committee can make to candidates in general elections to the House of Representatives and the Senate. Limits contributions to a national political party by all contributing multicandidate political committees to $2,000,000 in any two-year election cycle. Provides for the accountability of contributions made by intermediaries or conduits to political action committees. Describes circumstances where an expenditure shall not constitute an independent expenditure for purposes of this Act. Requires, when independent expenditures are made for television broadcast communications, that a statement appear continuously during such broadcast showing the name of the person or committee making such expenditure. Requires any other type of general public communication to include such statement. Prohibits political committees of foreign nationals from making campaign contributions. Prohibits the use of campaign contributions to repay loans by a candidate to himself for herself or to his or her authorized committees.
United States · United States Congress · 6 January 1987
American Conservation Corps Act of 1987 - Establishes the American Conservation Corps. Directs the Secretaries of the Interior and of Agriculture (Secretaries) to promulgate regulations to implement such Corps. Sets forth the scope of projects the Corps may carry out, including conservation of wildlife habitat, energy conservation, urban revitalization, and road maintenance. Limits projects to public or Indian lands unless public benefit can be documented. Specifies that State agencies or Indian tribes may apply for participation in the program. Requires the appropriate State Job Training Coordinating Council to comment on each proposed project. Requires applications to describe program goals, specify the number of enrollees necessary, and the kinds of facilities and equipment necessary. Authorizes the Secretaries of the Interior, Labor, and Agriculture to jointly develop regulations for joint projects, including funding under this Act and funding under the Job Training Partnership Act. Authorizes agreements with the Secretary of Defense to assist the military with projects under this Act. Limits enrollment in the Corps to unemployed U.S. citizens or nationals between the ages of 16 and 25, with special emphasis on the economically, socially, physically, or educationally disadvantaged. Sets forth special rules for programs limited to the summer months. Requires program directors to establish and enforce standards of conduct. Requires program agencies to provide necessary facilities and services. Authorizes the Secretary of the Interior and of Agriculture to provide such services and facilities, including surplus food and equipment. Requires enrollees to pay a reasonable portion of the cost of room and board. States that enrollees are not Federal employees except for workers' compensation purposes. Permits the use of volunteers for carrying out this Act if a program agency already has the authority to use volunteer services, including the Tennessee Valley Authority. Sets forth rates of pay and stipends. Directs the Secretaries and the Chiefs of the program agencies to coordinate activities under this Act with related activities. Requires the Secretaries to provide guidance in securing academic credit or skills certification for program enrollees. Directs the Secretary of the Interior to evaluate the conduct of the program. Directs such Secretary to study and report to the Congress on Civilian Conservation Corps sites to select a site to commemorate such Corps. Provides limited funds for academic study by enrollees during nonworking hours. Requires program agencies to provide job guidance and placement. Directs the Secretaries to report annually to the Congress on this Act's activities. Requires the Secretary of Labor to make labor market information available to such Secretaries and the program agencies. Entitles Federal employees and other employees displaced by enrollees under this Act to appeal or protest as specified. Authorizes and earmarks appropriations. Sets forth criteria for grant distribution to program agencies.
United States · United States Congress · 6 January 1987
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
Alliance for Education Act of 1987 - Authorizes the Secretary of Education to make grants to eligible alliances (i.e., alliances between a local educational agency and business concerns, nonprofit private organizations, institutions of higher education, museums, libraries, educational television stations, and appropriate State agencies). Authorizes appropriations for FY 1988 through 1991. Allows grant funds to be used for: (1) model cooperative programs applying private and nonprofit sector resources to elementary and secondary schools; (2) projects to encourage business and other alliance participants to work with educationally disadvantaged and with gifted students; (3) projects to apply community resources to improve elementary and secondary education; (4) projects to enrich the career awareness of secondary school students; (5) statewide activities including the development of model State statutes for the support of cooperative ties between the private sector and schools; (6) special staff training projects; (7) academic internship programs; and (8) tutorial and volunteer work in elementary and secondary schools by personnel assigned from business concerns and other alliance participants. Establishes an Alliance for Education Board within the Department of Education. Sets forth membership requirements and duties of the Board. Sets forth grant application criteria, including assurances of a non-Federal share and continuation of activities after the grant period. Sets forth application approval requirements. Sets forth requirements for a declining Federal share of costs. Sets forth evaluation and dissemination requirements.
United States · United States Congress · 6 January 1987
Federal-Aid Highway Act of 1987 - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1987 through 1990 for: (1) the Federal-aid Interstate-Primary program; (2) the Federal-aid urban system; (3) the Federal-aid secondary system; (4) bridge replacement and rehabilitation; (5) the Federal lands highway program; (6) the territorial highway program for the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Marianas; (7) highway safety construction programs; (8) highway construction safety research and development; (9) certain hazards elimination projects; and (10) hazards elimination projects regarding railway-highway crossings. Makes highway construction projects on any public road serving the area of a withdrawn Interstate route eligible as highway substitution projects. Authorizes the Secretary of Transportation to approve until September 30, 1986, the withdrawal of any route which was under judicial injunction prohibiting its construction as of November 6, 1978. Makes substitution funds available in a State for two years. Authorizes appropriations for highway substitution projects for FY 1987 through 1990. Authorizes the Secretary of Transportation (the Secretary), in September of 1986 and every subsequent September, to adjust the last Interstate Substitute Cost Estimate approved to make apportionments for: (1) substitute highway projects; and (2) substitute transit projects. Directs the Secretary to reserve in a State's account until a disposition decision has been reached an amount equal to the Federal funds expended to purchase a right-of-way for a withdrawn Interstate route if the State has not disposed of such right-of-way upon the date of enactment of this Act. Declares that upon repayment by a State of the amount of Federal funds expended to acquire property which was subsequently withdrawn from the Interstate System, such State shall be deemed to have fully met certain repayment requirements. Directs the Secretary to set aside funds from specified authorizations for the Strategic Highway Research Program. Sets forth apportionment guidelines for FY 1987 through 1990 for: (1) the Federal-aid Interstate-Primary Program; (2) the Federal-aid Secondary System; and (3) the Federal-aid Urban System. Authorizes a State to transfer up to 50 percent of its apportionment between the Urban and Secondary Systems. Requires the approval of the affected local area officials before a State may transfer the allocations for an urbanized area of 200,000 or more population. Authorizes the Secretary to waive competitive bidding on a reconstruction contract in an emergency situation. Makes available for obligation for four years the sums apportioned for: (1) the Federal-aid Interstate-Primary Program; (2) the Federal-aid Secondary system; (3) the Federal-aid Urban system; and (4) bridge replacement and rehabilitation. Declares that apportioned amounts remaining unobligated at the end of four years shall lapse (except for the bridge rehabilitation apportionments, which shall be allocated by the Secretary as bridge discretionary funds). States that funds made available to the State of Alaska may be expended for access and development roads on a Federal-aid system. Prohibits the Secretary from reducing more than ten percent of a State's apportioned funds for its failure to: (1) adequately maintain the Interstate system; or (2) certify a maintenance program. Prohibits the Federal share payable for the Primary system (other than the Interstate system) from exceeding 75 percent of construction costs. Allows certain Interstate routes to be improved at a 90 percent Federal share. States that the Federal share payable for a highway emergency relief project may be 100 percent for emergency repairs accomplished in the first 30 days after an occurrence. Authorizes Federal funds to reimburse State costs for the relocation of utility facilities necessitated by a highway construction project, or by a State's highway safety improvement program. Authorizes the expenditure of Federal emergency relief funds for: (1) the Virgin Islands; (2) Guam; (3) American Samoa; and (4) the Northern Mariana Islands. Sets a $5,000,000 obligation ceiling upon such funds during any fiscal year. Revises the penalty provisions regarding violations of vehicle weight limitations on the Interstate System to provide that withheld funds will not lapse if they are subsequently released and obligated within the normal four-year availability period. Revises the guidelines under which the Secretary of Transportation is authorized to permit Federal participation in the initial construction of State toll facilities, including ferry boat facilities. Limits to 35 percent the Federal share payable for such facilities. Requires the appropriate State highway department to agree that toll revenues for such facilities will be used only for the costs of construction, reconstruction, or maintenance. Mandates that the operators of certain toll facilities on a Federal-aid system in a State shall biennially certify to the State Governor that: (1) such facilities are adequately maintained; and (2) such operator can fund the replacement or repair of inadequately maintained facilities without using Federal-aid highway funds. Precludes Federal funding out of the Highway Trust Fund for failure to make such certification. Declares that if a State enters into an agreement that toll revenues will only be used for the facility tolled, the Secretary is authorized to void certain agreements entered into prior to the enactment of this Act. Requires each State to survey and identify all highway-railroad crossings needing separation, relocation, or protective devices. Requires that half of all authorized funds for such crossings be made available for installing protective devices. Requires each State to report annually to the Secretary and the Secretary to report annually to specified congressional committees on program progress. Makes certain sums available for obligation for the Strategic Highway Research Program (SHRP). Authorizes the Secretary to implement the SHRP in cooperation with State highway departments. Directs the Secretary to set standards for the use of funds to conduct research, development, and technology transfer activities determined to be strategically important to the national highway transportation system. Authorizes the Secretary to provide grants and enter into cooperative agreements with State highway departments or the National Academy of Sciences to conduct such activities. Requires the Secretary to report annually to certain congressional committees regarding the progress and research findings of the SHRP. Makes certain remedies against the United States applicable in any civil action against the National Academy of Sciences for injury or property loss arising from activities in connection with the Strategic Highway Research Program. Credits certain State-financed off-system bridge replacement and rehabilitation projects towards the non-Federal share of the cost of other Federal-aid bridge projects. Authorizes the States to use certain bridge replacement funds to construct any bridge which replaces: (1) any low water crossings; (2) any bridge destroyed prior to 1960; or (3) any ferry in existence on January 1, 1984. Amends Federal law relating to outdoor advertising to authorize the Secretary to reduce Federal-aid highway funds up to five percent of what would otherwise be a State's apportionment if the Secretary determines that the State has not made provisions for the effective control of outdoor advertising along the Interstate and primary system. (Currently, a ten percent reduction of such apportionment is mandated.) Sets guidelines for: (1) the effective control of outdoor advertising by the States; (2) Federal participation in State costs incurred for sign acquisition and removal; and (3) outdoor signs on federally-owned public lands. Directs the Secretary to make a minimum allocation among the States so that a State's percentage of total apportionments shall be at least 85 percent of the percentage of estimated tax payments attributable to highway users in such State paid into the Highway Trust Fund. Adds total allocations as well as apportionments to the calculation of the 85 percent minimum funds. (Currently only apportioned programs are considered in the minimum allocation calculation.) Establishes the Federal-Aid Interstate-Primary Program to bring all elements of the primary system up to certain Federal standards. Declares that such program shall consist of projects for the construction, reconstruction, rehabilitation, restoration, and resurfacing or improvement of the primary system and the Interstate system. Requires the Secretary to give priority consideration to: (1) completion of essential gaps on the Interstate System; and (2) rehabilitation of existing highway facilities. Directs States to use for Federal-aid highway projects the net income received from the use, sale, or lease of right-of-way airspace acquired as a result of certain Federal highway programs. Requires the designation of a territorial Federal-aid highway system in each territory. Permits States to use Federal-aid highway funds earmarked for highway substitute projects for bicycle projects. Authorizes States to use one and one-half percent of apportioned Interstate Highway Transfer funds for highway planning and research facilities. Decreases from one-half of one percent to one-quarter of one percent the National Highway Institute funds available for expenditure by a State highway department for the education and training of State and local highway department employees. Requires the Secretary (who currently is merely authorized) to provide education and training of highway employees at no cost to State and local governments for those subject areas which are a Federal program responsibility. Outlines the conditions under which real property may be donated by a person to a State or Federal agency. Provides for: (1) crediting the fair market value of private right-of-way donations for highway projects to the State matching share when such donations are made to the State; and (2) revesting such property to the donor if it is not required after environmental assessments. States that the fair market value of lands donated to the State of California for a State Route 73 relocation and construction project in Orange County shall first be credited toward payment of the non-Federal share of such project cost. Prohibits State documents regarding safety enhancement of potential accident sites, road conditions, or rail-highway crossings from being admitted into evidence in certain actions for damages. Makes "Buy American" provisions applicable to projects whose total costs exceed $500,000. Amends the General Bridge Act of 1906 to repeal Federal regulatory authority over bridge tolls. Authorizes the preferential employment of Indians on construction projects and contracts effected on Indian reservation roads. Directs the Secretary to cooperate with Indian tribal governments and the States to implement such preferential employment. Requires States to expend a minimum of ten percent of Federal-aid highway contracts with small businesses owned and controlled by socially and economically disadvantaged individuals. Prescribes guidelines for a disadvantaged business enterprise program. Releases the State of Maryland from the requirement of accepting title to any road or portion thereof (such as the Baltimore-Washington Parkway) in return for Federal participation in improvements to such Parkway. Authorizes appropriations for the upgrading of certain highways in the vicinity of the Waste Isolation Pilot Project (a nuclear waste storage repository in New Mexico). Sets forth obligation limitations for Federal-aid highways and highway safety construction programs for FY 1987 through 1990. Makes eligible for Federal-aid bridge funds costs incurred to mitigate harm to an historic bridge if the bridge remains part of the highway system. Requires States to identify historic bridges on the National Bridge Inventory. Requires the Transportation Research Board to review historic bridges and develop rehabilitation standards for such bridges. Sets forth allocation guidelines for forest highways for FY 1987 through 1990. Directs the Secretary to require the planting of native wildflowers for landscaping and scenic enhancement of Federal-aid highways. Directs the Secretary to conduct a Combined Road Program Demonstration to test the feasibility of approaches for combining, streamlining, and increasing flexibility in the administration of the Federal-aid secondary, Federal-aid urban, and off-system urban and secondary bridge programs. Makes the State of California eligible for Federal-aid emergency relief funds for the total amount of the 1986 California flood disaster. Specifies priority construction projects to be implemented by the Secretary if requested to do so by a State highway department and if such projects are designated as part of a Federal-aid system. Requires the Secretary to approve from a State's apportionment the sums requested by a State highway department to implement such priority projects. Sets guidelines for the Federal share payable for such approved sums. Directs the Delaware River Joint Toll Bridge Commission to enter into an agreement with the Secretary of Transportation (in conjunction with the State highway agencies of Pennsylvania and New Jersey) to repay Federal funds previously obligated for the Delaware Water Gap Bridge on Interstate 80. Requires the Commission and such States to enter into an agreement with the Secretary of Transportation if the Commission and such States decide to operate an uncompleted bridge on Interstate 78 as a toll bridge. Grants congressional consent to a supplemental agreement between Pennsylvania and New Jersey which: (1) grants the Delaware River Joint Toll Bridge Commission authority to collect tolls and revenues for the use of Commission facilities and to expend such revenues for existing non-toll bridges over the Delaware River between New Jersey and Pennsylvania; and (2) authorizes such States to construct a bridge across the Delaware River in the vicinity of Easton, Pennsylvania, and Phillipsburg, New Jersey. Directs the Secretary to make arrangements with the Transportation Research Board (TRB) of the National Academy of Sciences to conduct a study of specified motor vehicle issues. Requires the TRB to report the study results to certain congressional committees. Authorizes appropriations. Requires the Secretary to conduct a study of national highway-railroad crossing improvement and maintenance needs. Delineates the issues to be addressed by such study. Directs the Secretary to report such study results to certain congressional committees. Authorizes appropriations. Directs the Secretary to conduct a public ferry boat service feasibility study in consultation with the highway departments of the States of Nebraska and South Dakota, and to report the results of such study to the Congress within one year after the date of enactment of this Act. Sets forth guidelines under which the Secretary is authorized to approve (upon the joint request of the Governor of the State of Oregon and the local governments concerned) a substitute transit project for construction of a light rail transit system in lieu of certain interstate lanes. Requests the Board of Engineers for Rivers and Harbors of the United States Army Corps of Engineers to review specified reports relating to the United States Route 13 Relief Route for the purpose of modifying an existing canal project to provide a new structure for the selected alignment of such relief route. Expresses the sense of the Congress that States and local governments should: (1) include damages to highways, equipment, and the environment when calculating the real cost of deicing materials; and (2) use calcium magnesium acetate as an alternative deicing material. Requires the Secretary to report to the Congress regarding a highway feasibility study for a proposed route from Louisiana to Arkansas and Missouri. Makes certain unobligated balances available for specified projects. Makes certain parkway funds available to finance the cost of upgrading from two lanes to four lanes a highway providing access from Route 25 E through that portion of the Cumberland Gap National Historical Park which lies within the State of Virginia. Sets guidelines under which the State matching share for the Calder Bridge Project across the St. Joe River in Idaho may be credited by the fair market value of land and construction. Revises the guidelines under which the Secretary is authorized to pay to a State the Federal share of construction costs in cases where such State has incurred such costs in advance of Federal apportionments. Requires that the wages paid to laborers and mechanics employed under any contract or subcontract exceeding $250,000 for highway construction on the Federal-aid system be not less than the rates prevailing on the same type of work on similar construction in the immediate locality. Directs the Secretary to approve construction of Interstate highway H-3 in Hawaii. Permits Federal-aid highway funds for highways in States with a maximum speed limit exceeding 55 miles per hour if such highways are on the Interstate system located outside of an urbanized area of 50,000 population or more. Prohibits Federal-aid highway funds if the highways located on such Interstate system have a maximum speed limit exceeding 65 miles per hour.
United States · United States Congress · 6 January 1987
Prohibition of Smoking in Public Conveyances Act of 1987 - Prohibits any person from smoking in: (1) any regularly scheduled public conveyance which is traveling within the United States; (2) a waiting area in a terminal for a public conveyance (unless such area is designated for smoking); or (3) any public restroom in a terminal for a public conveyance. Defines "public conveyance" as any vehicle of a privately or publicly owned common carrier providing passenger service, including air, rail, boat, ship, or bus service. Establishes fines in specified amounts for violations of this Act. Authorizes any person who is aggrieved by a violation of this Act to bring an action for injunctive relief in the appropriate Federal district court. Authorizes the court to award costs and reasonable fees and expenses of attorneys. Authorizes the States to enforce State laws relating to smoking which are more restrictive than the provisions of this Act.
![Official portrait of Sen. Stafford, Robert T. [R-VT]](https://www.congress.gov/img/member/s000776_200.jpg)