United States · United States Congress · 6 January 1987
Amends the Tax Reform Act of 1986 to provide that provisions relating to the repeal of the income tax deduction for adoption expenses shall not take effect until taxable years beginning after December 31 of the calendar year in which final regulations are issued to implement the reimbursement of nonrecurring adoption expenses under any adoption assistance agreement under subtitle E (Foster Care and Adoption Assistance) of title IV of the Social Security Act.
United States · United States Congress · 6 January 1987
Income Verification Act of 1987 - Authorizes the Secretary of Housing and Urban Development to require Department of Housing and Urban Development (HUD) program applicants or participants to: (1) disclose their social security or employer identification numbers; and (2) consent to wage information verification. Amends the Social Security Act to provide HUD with access to State employment records. Requires Federal, State, local, or public housing administering agencies to independently verify such information before terminating or reducing any housing benefits. Establishes criminal and civil penalties for misuse of such information.
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
Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty where, as a result of a continuing criminal enterprise, an individual (other than a participant in such conduct) dies. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to such offense. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors to be considered by the jury or the court: (1) the intentional nature of the act which resulted in the victim's death; (2) previous convictions for offenses for which life imprisonment or death is authorized; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination.
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
Requires the District of Columbia to reimburse Fairfax County and Prince William County, Virginia, for expenses those Counties incur in responding to Lorton prison escapes and disturbances. Requires the Mayor of the District of Columbia to report to certain congressional committees regarding such reimbursements.
United States · United States Congress · 6 January 1987
Amends the Internal Revenue Code to allow the use of the three-year basis recovery rule in computing the amount of an employee's retirement benefits includible in gross income.
United States · United States Congress · 6 January 1987
Social Security Trust Funds Management Act of 1987 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require that amounts in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (OASDI trust funds) be invested by the Managing Trustee of such trust funds as soon as such investments can be made without exceeding the public debt limit or jeopardizing OASDI benefit payments. Directs the Managing Trustee, upon the expiration of a debt limit impact period, to issue and pay to the OASDI trust funds those obligations the trust funds would have held and the interest they would have earned but for the debt limit. Requires that the tax receipts earmarked for the OASDI program be immediately transferred (currently, monthly transfers are made) from the general fund of the Treasury to the OASDI trust funds. Requires members of the OASDI trust funds' Board of Trustees to faithfully execute their duties, but does not impose a fiduciary duty. Directs the Board of Trustees of the OASDI trust funds to meet at least twice a year. (Currently, they must meet at least once a year.) Sets forth provisions requiring reports by the Board of Trustees and the Managing Trustee to the Congress regarding the operation and status of the OASDI trust funds. Prohibits the sale and redemption of OASDI trust fund assets or the expenditure of OASDI trust fund amounts for purposes other than making payments under title II or provisions of law directly related to OASDI programs.
United States · United States Congress · 6 January 1987
Constitutional Amendment - Prohibits Federal outlays from exceeding Federal receipts in any fiscal year, unless the Congress provides for a specific excess by a three-fifths vote of both Houses. Prohibits a bill to increase revenue from becoming law unless approved by a majority of the whole number of both Houses of Congress by roll call vote. Authorizes the Congress to waive this article for any year in which a declaration of war is in effect.
United States · United States Congress · 6 January 1987
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates June 14, 1987, as Baltic Freedom Day.
United States · United States Congress · 6 January 1987
Declares that the Senate hereby: (1) renews its condemnation of the continued Soviet invasion and occupation of Afghanistan; (2) finds that recent Soviet representations concerning Soviet troop withdrawal have been a sham; (3) finds that recent Soviet offers of ceasefire and national reconciliation fail to provide the framework for a settlement and should be spurned by the Afghan resistance as long as Soviet troops continue to occupy Afghanistan; (4) believes that the only acceptable formula for a settlement in Afghanistan is one that results in a government representative of the Afghan people; and (5) renews its commitment to support the Afghans through the provision of material support. Urges the Secretary of State to take specified actions to encourage Soviet military withdrawal and a peaceful settlement of the situation in Afghanistan. Urges the: (1) Soviet Union to present a timetable of no more than four months for the withdrawal of its forces at the next session of U.N.-sponsored indirect negotiations in February 1987; and (2) Government of Pakistan to resist Soviet pressure to accept less than such a timetable for withdrawal of such forces.
United States · United States Congress · 17 October 1986
Honors the United Way on the occasion of its 100th anniversary. Encourages the United Way to continue its fine work and achieve its goal of doubling its resources by 1991.
United States · United States Congress · 16 October 1986
Grants the consent of the Congress to specified amendments offered by the State of Maryland, the Commonwealth of Virginia, and the District of Columbia to certain sections of the Washington Metropolitan Area Transit Regulation Compact relating to public hearing requirements, investments, procurement, and public safety. Reserves the right of the Congress to alter or repeal this Act.
United States · United States Congress · 15 October 1986
Declares that the United States extends its sympathies to the people and Government of El Salvador with regard to the recent earthquake. Urges the President to provide appropriate relief to help prevent further loss of life in El Salvador. Declares that the United States is prepared to cooperate with El Salvador in long-term efforts to recover from the effects of the earthquake.
United States · United States Congress · 8 October 1986
Declares that the Senate: (1) offers its support and best wishes to the President as he prepares for his meetings with General Secretary Gorbachev in Reykjavik; and (2) endorses and specifically encourages the President to pursue the major issues relating to arms control, Soviet recognition of international human rights, and the removal of soviet combat forces from Afghanistan.
United States · United States Congress · 29 September 1986
Designates the United States Courthouse for the Eastern District of Virginia on South Washington Street, Alexandria, Virginia, as the Albert V. Bryan Federal Courthouse.
United States · United States Congress · 25 September 1986
Anti-Drug Abuse Act of 1986 - Title I: Anti-Drug Enforcement - Subtitle A: Drug Penalties Enhancement Act of 1986 - Drug Penalties Enhancement Act of 1986 - Amends the Controlled Substances Act to revise and increase the criminal penalties for violations of such Act. Subtitle B: Drug Possession Penalty Act of 1986 - Drug Possession Penalty Act of 1986 - Amends the Controlled Substances Act to establish a scale of minimum penalties for first and subsequent possession offenses. Subtitle C: Juvenile Drug Trafficking Act of 1986 - Juvenile Drug Trafficking Act of 1986 - Amends the Controlled Substances Act to establish penalties for any person at least 21 years of age who employs anyone under 21 in controlled substance trafficking. Establishes penalties for manufacturing a controlled substance within 1,000 feet of a college. Subtitle D: Assets Forfeiture Amendments Act of 1986 - Asset Forfeiture Amendments Act of 1986 - Amends Federal law with respect to the forfeiture of assets involved in unlawful controlled substance activities. Subtitle E: Controlled Substance Analogs' Enforcement Act of 1986 - Controlled Substance Analogs' Enforcement Act of 1986 - Amends the Controlled Substances Act to establish penalties for the manufacture or possession with intent to distribute or the distribution of a controlled substance analog (designer drug) all or part of which is intended for human consumption. Makes unlawful simple possession of such an analog if it is knowing or intentional. Subtitle F: Continuing Drug Enterprise Act of 1986 - Continuing Drug Enterprises Act of 1986 - Amends the Controlled Substances Act to set forth a minimum life sentence and multimillion dollar fines for individuals or organizations who engage in continuing criminal drug enterprises. Subtitle G: Contolled Substances Import and Export Penalties Enhancement Act of 1986 - Controlled Substances Import and Export Penalties Enhancement Act of 1986 - Amends the Controlled Substances Import and Export Act to increase the basic penalty for violations (currently a maximum 15 years in prison) to a minimum of five years and a maximum of 40 years in prison, or if death results from use of a substance, 20 years to life in prison. Increases the fine from $125,000 to $2,000,000 for an individual ($5,000,000 for an organization). Sets forth enhanced penalties for subsequent offenses. Subtitle H: Money Laundering Crimes Act of 1986 - Money Laundering Crimes Act of 1986 - Amends the Federal criminal code to establish criminal penalties for financial transactions involving the proceeds of some form of unlawful activity for the purpose of either facilitating such activity or concealing its nature. Sets forth procedures for the civil and criminal forfeiture of any property involved in such unlawful financial transactions. Subtitle I: Armed Career Criminals - Amends the Federal criminal code to provide increased criminal penalties for any person who transports firearms or ammunition in interstate or foreign commerce if such person has multiple convictions for serious drug offenses and/or violent felonies. (Current law provides increased penalties where such a person had multiple convictions for robbery and burglary.) Subtitle J: Authorization of Appropriation for Drug Law Enforcement - Authorizes additional appropriations for FY 1987 for the Department of Justice for drug law enforcement activities. (N.B.: No "Subtitle K.") Subtitle L: State and Local Narcotics Control Assistance - State and Local Law Enforcement Assistance Act of 1986 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Federal Bureau of Investigation (FBI) to make grants to State and local law enforcement agencies for narcotics control assistance. Subtitle M: Study on the Use of Existing Federal Buildings as Prisons - Requires the Secretary of Defense to provide the Attorney General with a list identifying Federal buildings under the jurisdiction of the Department of Defense which could be used as detention facilities. Subtitle N: Drug Law Enforcement Cooperation Study - Directs the National Drug Enforcement Policy Board to study Federal drug law enforcement efforts and make recommendations to the Congress. (N.B.: No "Subtitle O.") Subtitle P: Narcotic Traffickers Deportation Act - Revises Federal law regarding the deportation of persons convicted of violating controlled substances laws to specify such laws, including the laws of any State, the United States or a foreign country relating to a controlled substance. Subtitle Q: Federal Drug Law Enforcement Agent Protection Act of 1986 - Federal Drug Law Enforcement Agent Protection Act of 1986 - Allows the Attorney General to pay for information concerning the killing or kidnapping of a Federal drug law enforcement agent. Subtitle R: Common Carrier Operation Under the Influence of Alcohol and Drugs - Amends the Federal criminal code to provide criminal penalties for operating a common carrier under the influence of alcohol or drugs. Subtitle S: Freedom of Information Act - Revises the Freedom of Information Act to exempt from its coverage, except in certain circumstances, documents compiled in any lawful investigation of organized crime and informant records maintained by a law enforcement agency under an informant's name or personal identifier. Subtitle T: Prohibition on the Interstate Sale and Transportation of Drug Paraphernalia - Mail Order Drug Paraphernalia Control Act - Makes it a Federal criminal offense for any person to: (1) use the U.S. Postal Service or any private parcel service as part of a scheme to sell drug paraphernalia; (2) offer for sale and transportation in interstate or foreign commerce drug paraphernalia; or (3) import or export drug paraphernalia. Subtitle U: Manufacturing Operations - Amends the Controlled Substances Act to make it illegal to knowingly open, maintain, manage, or control a place for manufacturing, distributing, or using controlled substances. Subtitle V: Controlled Substances Technical Amendments - Makes technical amendments to the Controlled Substances Act and the Comprehensive Crime Control Act of 1984. Subtitle W: Precursor and Essential Chemical Review - Directs the Attorney General to study and recommend methods to control the diversion of legitimate precursor and essential chemicals to the production of illegal drugs. Requires the Attorney General to report all findings to the Congress. Subtitle X: Improved Drug Crime Reporting - Requires the Bureau of Justice Statistics to compile and publish comprehensive data on drug trafficking and abuse. Authorizes appropriations for FY 1987. Title II: International Narcotics Control - Subtitle A: Strengthening United States Narcotics Control Overseas - Amends the Foreign Assistance Act of 1961 to increase the FY 1987 authorization for assistance for international narcotics control. Imposes certain restrictions on the provision of U.S. assistance to illicit drug-producing countries and drug-transit countries. Provides that any aircraft made available to foreign countries for narcotics-related purposes shall be provided only on a lease or loan basis. Requires the Secretary of State to maintain detailed records on the use of such aircraft. Earmarks a specified amount of FY 1987 international narcotics control assistance for research, development, and testing of safe and effective herbicides for use in the aerial eradication of coca. Requires the Comptroller General to investigate and report to the Congress on the effectiveness of the international narcotics control assistance program. Requires the President's annual report to the Congress on the international strategy to prevent cultivation and trafficking in narcotics to include a discussion of the extent to which each source country has cooperated with U.S. narcotics control efforts through the extradition or prosecution of drug traffickers and a description of the state of negotiations on updated extradition treaties. Amends the Foreign Assistance Act of 1961 to prohibit participation by any U.S. officer or employee in direct narcotics arrests in foreign countries. Requires the executive branch to establish expeditiously the information sharing system that will list all drug arrests of foreign nationals in the United States as required by the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987. Requires the executive branch to report to the Congress when the system is established. Requires the President to prepare an updated assessment of the threat of narcotics trafficking from Africa. Amends the International Security and Development Cooperation Act of 1985 to place conditions on assistance to Bolivia. Directs the President to take steps to improve the capability of the executive branch to collect information concerning the links between narcotics traffickers and acts of terrorism abroad. Requires a report to the Congress. Urges the Secretary of State to increase efforts to negotiate with relevant countries procedures which will facilitate interdiction of vessels suspected of carrying illicit narcotics. Directs the Director of Central Intelligence to: (1) improve the collection and analysis of foreign drug production sufficiently to produce highly reliable data on drug cultivation, harvest, and yields for each major illicit drug producing country; and (2) make support to anti-drug efforts a Level One Priority in his National Foreign Intelligence Strategy and reflect this priority in the National Foreign Intelligence Program. Requires the President to transmit biannual reports to the Congress on major illicit drug producing countries and major drug-transit countries. Requires restrictions on U.S. assistance to such countries. Declares that it shall be U.S. policy to promote the development and implementation of a drug eradication program through multinational development bank assistance. Subtitle B: Strengthening International Narcotics Control and International Drug Eradication - Declares congressional support for the United Nations General Assembly decision to convene an International Conference on Drug Abuse and Illicit Trafficking. Calls for a study of the effectiveness of the United Nations drug-related declarations, conventions, and entities. Requires the President to report any recommendations which result from such study to the Congress. Urges the United Nations Commission on Narcotic Drugs to complete work on a new draft convention against illicit traffic in narcotic drugs and psychotropic substances. Urges the President to direct the Secretary of State to enter into negotiations with Mexico to create the Mexico-United States Intergovernmental Commission on Narcotics and Psychotropic Drug Abuse and Control. Urges Pakistan to adopt and implement a comprehensive narcotics control program. Requires the Secretary of State to report to the Congress with respect to the adoption and implementation of such program. Urges the President to instruct the U.S. Ambassador to the United Nations to request that the problem of illicit drug production in Iran, Afghanistan, and Laos be raised at the International Conference on Drug Abuse and Illicit Drug Trafficking. Increases FY 1987 authorizations for drug education programs abroad. Requires the Director of the U.S. Information Agency and the Administrator of the Agency for International Development to include in their annual reports to the Congress a description of the drug education programs carried out by their respective agencies. Title III: Interdiction - Subtitle A: National Drug Interdiction Improvement - National Drug Interdiction Improvement Act of 1986 - Requires the Secretary of Defense to use specified funds to acquire certain equipment and aircraft for drug interdiction assistance activities of the Department of Defense. Requires the Secretary of Defense to make such aircraft available to the U.S. Customs Service. Directs the Secretary of Defense and the Secretary of Transportation to provide for the assignment of Coast Guard personnel to naval vessels for law enforcement purposes. Authorizes additional appropriations to the Coast Guard and the U.S. Customs Service for: (1) drug interdiction enhancement; and (2) the establishment and location of command, control, communications and intelligence (C-3I) centers. Authorizes the establishment of a United States-Bahamas Drug Interdiction Task Force. Authorizes appropriations for such Task Force and for construction of a Coast Guard-Bahamas drug interdiction docking facility. Authorizes additional appropriations for FY 1987 to the Department of Justice for twin engine helicopters with forward looking infrared radiation detection devices for drug interdiction operations in Hawaii. Subtitle B: Customs Enforcement - Customs Enforcement Act of 1986 - Part I: Tariff Act Amendments - Amends the Tariff Act of 1930 to establish certain entry and reporting requirements for aircraft, vessels, vehicles and individuals arriving in the United States and the Virgin Islands. Sets forth penalties for violations of such requirements. Makes aviation smuggling illegal. Establishes civil and criminal penalties for such violations. Provides for seizure and forfeiture of conveyances subject to penalty for customs violations. Authorizes the issuance of search warrants for places suspected of containing: (1) merchandise brought into the United States unlawfully; (2) property subject to forfeiture under the customs laws; or (3) evidence of customs violations. Authorizes the seizure and forfeiture of smuggled merchandise. Provides that compensation for informers shall not exceed 25 percent of the amount recovered (current law requires that such compensation equal 25 percent of such recovery.) Authorizes the Secretary of Transportation to require the production of foreign landing certificates to comply with international obligations. Permits the Secretary to authorize customs officials to exchange information or documents with foreign customs or law enforcement agencies under certain circumstances. Allows the Secretary, when authorized by treaty or executive agreement, to station customs officers in foreign countries to examine persons or merchandise prior to their arrival in the United States. Provides that merchandise seized at a foreign station may be transported to the United States for customs proceedings. Permits the stationing of foreign customs officers in the United States (if similar privileges are extended to the United States). Imposes penalties for making fraudulent statements to such foreign officials. Sets forth certain requirements with regard to commercial cover and undercover investigative operations of the U.S. Customs Service, including: (1) the use of authorized funds; (2) the liquidation of corporate and business entities established or acquired as part of an undercover operation; (3) the deposit of proceeds from such operations; and (4) the conduct of financial audits of each undercover operation. Part II: Miscellaneous Provisions - Amends Federal law with regard to: (1) recreational vessels and customs regulations; (2) authority of customs officials to demand assistance of any person in making an arrest; (3) reporting requirements on the export and import of monetary instruments; and (4) smuggling investigations. Part III: Amendments to the Controlled Substances Import and Export Act - Amends the Controlled Substances Import and Export Act to make it unlawful for any U.S. citizen on board any aircraft, or any person on board an aircraft owned by a U.S. citizen or registered in the United States, to manufacture, distribute, or possess with intent to manufacture or distribute a controlled substance. Part IV: Amendments to the Criminal Code - Sets forth criminal penalties for operating an aircraft without lights and for illegal fuel installations aboard aircraft. Subtitle C: Maritime Drug Law Enforcement Prosecution Improvements Act of 1986 - Maritime Drug Law Enforcement Prosecution Improvements Act of 1986 - Makes it unlawful, with specified exceptions, for any person on board a U.S. vessel or a vessel subject to U.S. jurisdiction to knowingly or intentionally manufacture, distribute, or to possess with intent to manufacture or distribute, a controlled substance. Sets forth penalties for violations of this Act. Subjects to seizure and forfeiture any property used in a violation of this Act. Subtitle D: Reports on Department of Defense Drug Control Activities - Requires the National Drug Enforcement Policy Board to submit a report to specified congressional committees on the manner and extent to which the Department of Defense should be involved in narcotics law enforcement activities. Requires the Secretary of Defense to submit a report to specified congressional committees containing a discussion of: (1) the extent to which students enrolled in schools operated by the Department of Defense are receiving drug and substance abuse education; and (2) the extent to which such education should include peer counseling classes. Subtitle E: Driving While Impaired by Drug Intoxication to be Punishable Under the Uniform Code of Military Justice - Amends the Uniform Code of Military Justice to include driving under the influence of drugs as an offense. Subtitle F: Drug Interdiction Assistance to Civilian Law Enforcement Officials - Allows the Department of Defense to provide certain assistance to civilian law enforcement personnel. Subtitle G: Air Safety - Amends the Federal Aviation Act of 1958 to allow States to establish criminal penalties for certain activities involving aircraft registration certificates. Requires the operator of an aircraft to make the aircraft's certificate of registration available for inspection by any law enforcement officer. Imposes criminal penalties on certain violations in connection with: (1) aircraft registration; and (2) the air transportation of controlled substances. Requires any person having an ownership interest in any aircraft to report any transfer in ownership of such aircraft. Subtitle H: Communications - Allows the Federal Communications Commission to revoke the license of any person found to have used such license to distribute controlled substances. Subtitle I: Drug Law Enforcement Cooperation Study - Directs the National Drug Enforcement Policy Board, to study Federal drug law enforcement effors and make recommendations to the Congress. Subtitle J: Drug Interdiction - Permits the use in an emergency as a base of operations outside the U.S. land area by Federal law enforcement officials of equipment operated by or with the assistance of Department of Defense personnel: (1) to facilitate enforcement of drug laws; (2) to transport such officials in connection with such operations, including hot pursuit of vessels or aircraft into U.S. land areas. Permits the use of such equipment to intercept such vessels or aircraft for identification and monitoring purposes, but not to interdict or interrupt them. Title IV: Demand Reduction - Subtitle A: Treatment and Rehabilitation - Alcohol and Drug Abuse Amendments of 1986 - Amends the Public Health Service Act to authorize appropriations for FY 1987 for alcohol, drug abuse, and mental health grants. Provides for special allotments to States for alcohol abuse and drug abuse treatment and rehabilitation programs. Requires States to use certain amounts of such funds for innovative community based programs directed toward high risk youth. Mandates the transfer of certain funds to the Administrator of Veteran's Affairs for outpatient programs for veterans. Revises allotment procedures applicable to Indian tribes. Declares that it is the sense of the Senate that, if possession or distribution of a drug is an offense under the Controlled Substance Act, State laws should not be amended to make possession or distribution not a criminal offense. Directs the Secretary of Health and Human Services to appoint an advisory council for the National Institute on Alcohol Abuse and Alcoholism, for the National Institute on Drug Abuse, and for the National Institute of Mental Health. Directs the Secretary, acting through the Administrator of the Public Health Service, to take certain actions to expedite research on public health emergencies. Authorizes appropriations for FY 1987 for research grants. Declares that it is the sense of the Senate that the Public Health Service should conduct studies on the health effects of alcohol consumption. Directs the Secretary to develop and publish information on the causes of suicide and the means of suicide prevention. Directs the Secretary to prepare and report to the Congress a comprehensive national plan to combat drug abuse. Requires the Secretary, acting through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA), to establish a clearinghouse for alcohol and drug abuse information. Directs the Secretary to study and report to the appropriate congressional committees on alkyl nitrites. Directs the Secretary, acting through ADAMHA, to establish a new administrative unit to administer alcohol abuse and drug abuse programs. Subtitle B: Drug-Free Schools and Communities Act of 1986 - Drug-Free Schools and Communities Act of 1986 - Authorizes appropriations for FY 1987 through 1990 for payments to States to assist their efforts to educate concerning, and to prevent, drug use and alcohol abuse through school and community based programs. Declares that it is the sense of the Senate that the Motion Picture Association of America should label pro-drug films. Subtitle C: Indians and Alaska Natives - Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 - Part I: General Provisions - Sets forth the purposes of this Act. Part II: Coordination of Resources and Programs - Directs the Secretary of the Interior and the Secretary of Health and Human Services to develop and enter into a Memorandum of Agreement to better coordinate the provision of alcohol and substance abuse treatment and prevention services for Indians. Allows the governing body of any Indian tribe to establish a Tribal Action Plan to coordinate available resources and programs in an effort to combat alcohol and drug abuse among its members. Establishes within the Office of the Assistant Secretary of Indian Affairs an Office of Alcohol and Substance Abuse. Establishes the position of Indian Youth Programs Officer. Requires the Secretary of the Interior to publish an alcohol and substance abuse newsletter to report on Indian alcohol and substance abuse projects and programs. Part III: Indian Youth Programs - Requires the Secretary of the Interior and the Secretary of Health and Human Services to review Federal, tribal, State, local, and private programs: (1) providing educational services to Indian children; (2) providing family and social services for Indians; and (3) relating to youth employment, recreation, cultural, and community activities. Requires the Assistant Secretary of Indian Affairs to develop and implement pilot programs in selected schools funded by the Bureau of Indian Affairs which further the purposes and goals of this Act. Allows Tribal Action Plans to make provisions for the establishment, funding, licensing, and operation of emergency shelters or half-way houses for Indian youth who are alcohol or substance abusers. Urges States to require their law enforcement officers to place any Indian youth arrested for alcohol or substance abuse in such shelter or half-way house. Authorizes appropriations for FY 1987 through 1989 for the construction, renovation, and operation of such shelters and half-way houses. Directs the Secretary of the Interior to require the compilation of data relating to the number and types of child abuse and neglect cases seen and the type of assistance provided. Part IV: Law Enforcement and Judicial Services - Requires the Secretary of the Interior and the Secretary of Health and Human Services to review Federal, tribal, State, and local programs providing law enforcement or judicial services for Indian tribes. Directs the Secretary of the Interior to provide assistance to the Papago Tribe of Arizona for the investigation and control of illegal narcotics traffic on the Papago Reservation. Authorizes appropriations for FY 1987 through 1989. Part V: Bureau of Indian Affairs Law Enforcement - Increases the maximum sentence (from six months to one year) and fine (from $500 to $5,000) which a tribal court can impose for any offense. Allows the Secretary of the Interior to charge any officer or employee of the Department of the Interior with law enforcement responsibilities for the purposes of maintaining law and order and protecting property and persons within Indian country. Directs the Secretary of the Interior to establish a training program in the investigation and prosecution of offenses relating to illegal narcotics and in alcohol and substance abuse prevention and treatment for specified personnel. Requires the Memorandum of Agreement to include a provision for the development and implementation of a procedure for the emergency medical assessment and treatment of every Indian youth arrested or detained for alcohol or substance abuse offenses. Directs the Secretary of the Interior to construct or renovate and staff juvenile detention centers. Authorizes appropriations for FY 1987 through 1989. Requires the Secretary of the Interior to: (1) provide for the development of a Model Indian Juvenile Code; and (2) compile data regarding cases involving Indians where alcohol or substance abuse is determined to be a contributing factor. Part VI: Indian Alcohol and Substance Abuse Treatment and Rehabilitation - Requires the Secretary of the Interior and the Secretary of Health and Human Services to review health service programs for Indians. Sets forth Indian Health Service responsibilities, which include providing a comprehensive alcohol and substance abuse treatment program. Requires the Secretary of the Interior to develop and implement a program for: (1) acute detoxification and treatment for Indian youth who are alcohol and substance abusers; and (2) community education and training in treating alcohol and substance abuse. Authorizes appropriations. Directs the Secretary of Health and Human Services to make grants to the Navajo tribe to establish a demonstration program in Gallup, New Mexico, to rehabilitate adult Navajo Indians suffering from alcoholism or alcohol abuse. Authorizes appropriations for FY 1988 through 1990. Requires the Secretary of Health and Human Services to compile data regarding Indian Health Service involvement in cases or incidents which involved alcohol or substance abuse. Subtitle D: Action Grants - Amends the Domestic Volunteer Act of 1973 to authorize a special initiative (including action grants) to increase volunteerism in preventing drug abuse. Authorizes appropriations for 1987 through 1989. Title V: Anti-Drug Trust Fund - Amends the Internal Revenue Code to establish an Anti-Drug Trust Fund to provide for expenditures to carry out the Drug Enforcement Act of 1986.
United States · United States Congress · 23 September 1986
Delineates the conditions under which the Secretary of Transportation is authorized to grant releases from any restrictions contained in a deed whereby the United States conveyed certain property in Newport News and York County, Virginia, to the Peninsula Airport Commission for airport purposes.
United States · United States Congress · 23 September 1986
Drug Enforcement Act of 1986 - Title I: White House Initiative Against Drugs - Subtitle A: Drug-Free Federal Workplace Act of 1986 - Drug-Free Federal Workplace Act of 1986 - Amends the Rehabilitation Act of 1973 to provide that any individual who is otherwise handicapped shall not be excluded from the protections of such Act because that individual uses illegal drugs. Permits certain personnel actions based on an employee's, or applicant's, use of controlled substances. Requires the Director of the Office of Personnel Management to establish a Government-wide education program designed to provide information to federal employees with respect to: (1) the health hazards associated with alcohol and drug abuse; (2) the symptoms of alcohol and drug abuse; (3) the availability of prevention, treatment, or rehabilitation services relating to alcohol and drug abuse; and (4) penalties for alcohol and drug use by Federal employees. Subtitle B: Drug-Free Schools Act of 1986 - Drug-Free Schools Act of 1986 (the Zero-Tolerance Act) - Authorizes appropriations for FY 1987 through 1990 for: (1) allotments to States for drug and alcohol abuse prevention and education activities directed toward students in elementary, secondary, and postsecondary schools; (2) grants to local governments and other public and nonprofit private entities for drug and alcohol prevention, intervention, rehabilitation, education, and training programs; (3) the development and distribution of education materials; (4) education and primary prevention programs for high risk youth; (5) the procurement and development of curricula; and (6) activities to increase drug and alcohol abuse education and prevention efforts targeted at children in kindergarten through the twelfth grade. Specifies the method of distributing such funds. Sets forth the State application requirements. Directs the Secretary of Health and Human Services to carry out national programs designed to achieve a drug-free learning environment in elementary and secondary schools. States that it shall not be unlawful under Federal statute or regulation for any educational institution to: (1) require, as a condition of admission or continued enrollment, that students refrain from the use of illegal drugs; (2) conduct drug testing of its students and applicants; (3) refuse enrollment to applicants who use illegal drugs; or (4) take disciplinary action against students who use illegal drugs. Allows the Secretary to withhold allotment payments from any State which prohibits drug testing of students by schools. Subtitle C: Substance Abuse Services - Substance Abuse Services Amendments of 1986 - Amends title XIX (Block Grants) of the Public Health Service Act to authorize appropriations for FY 1988 through 1991 for alcohol and drug abuse and mental health services block grants. Requires the Secretary to reserve a specified portion of such appropriations for grants to States with demonstrated need for funds to conduct substance abuse treatment programs. Eliminates certain block grant earmarks. Allows the Secretary to withhold State allotments under such title where the possession or distribution of a drug, which is illegal under the Controlled Substances Act, is legal under such States laws. Directs the Secretary to appoint an advisory council for the National Institute on Alcohol Abuse and Alcoholism, for the National Institute on Drug Abuse, and for the National Institute of Mental Health to make recommendations to the Secretary and the Director of the national research institute for which it was appointed. Grants the Secretary certain additional powers during public health emergencies. Requires the Secretary to report annually to specified congressional committees on actions taken during such emergencies. Authorizes appropriations for FY 1987 for: (1) alcohol abuse and alcoholism research; and (2) drug abuse research. Provides an exception to the confidentiality requirement regarding alcohol and drug abuse records for incidents of suspected child abuse and neglect. Requires the Secretary to transmit triennial reports to the Congress on the causes and means of preventing teenage suicide. Directs the Secretary to prepare public service announcements on the dangers resulting from cigarette smoking by women. Authorizes appropriations through FY 1989. Directs the Secretary to: (1) prepare and transmit to the Congress a report which sets forth a comprehensive national plan to combat drug abuse; (2) establish a clearinghouse for alcohol and drug abuse information; and (3) conduct a study on alkyl nitrates and recommend whether they should be treated as a drug under the Food, Drug, and Cosmetic Act. Subtitle D: Drug Interdiction and International Cooperation - Part I: Mansfield Amendment - Amends the Foreign Assistance Act of 1961 to permit any U.S. officer or employee to assist foreign law enforcement officers in making arrests or to take direct action in an arrest action in a foreign country to protect the life or safety of U.S. or foreign officers or the public. Part II: Narcotics Traffickers Deportation Act - Amends the Immigration and Nationality Act to provide for the exclusion or deportation of any alien for possession or use of certain controlled substances. Part III: Customs Enforcement - Customs Enforcement Act of 1986 - Subpart A: Tariff Act Amendments - Requires the master of any vessel arriving at any U.S. or Virgin Island port to report such arrival at the nearest customs facility if such vessel is: (1) from a foreign port or place; (2) a foreign vessel from a domestic port; or (3) a U.S. vessel carrying bonded merchandise or foreign merchandise for which entry has not been made. Requires vehicles arriving in the United States to enter only at designated border crossing points. Requires the person in charge of such a vehicle to report the arrival of such vehicle, and present the vehicle and all persons and merchandise on board for inspection to the customs officer. Requires the pilot of any aircraft arriving in the United States from any foreign airport or place to comply with the advance notification, arrival reporting, and landing requirements prescribed by the Secretary of Transportation. Imposes penalties for violations of the arrival, reporting, or entry requirements. Increases the fine for the unauthorized unloading of passengers. Sets forth reporting requirements for individuals arriving in the United States. Prohibits the departure of such individuals until authorized by a customs official. Imposes penalties for violations of such reporting requirements. Repeals the current penalties for failure to report or file a manifest upon arrival in the United States. Authorizes the issuance of summonses for records pertaining to merchandise the importation of which into the United States is prohibited. Increases the penalties for: (1) filing a false manifest; (2) failing to file a complete manifest; or (3) carrying illegal drugs. Repeals the prepenalty procedures in such cases. Increases the penalties for illegal unloading and transshipment. Makes aviation smuggling unlawful. Prohibits the at sea transfer of controlled substances between U.S. owned aircraft and vessels. Prohibits the at sea transfer of prohibited merchandise between aircraft and vessels, regardless of the nationality of either, where the intent is to smuggle the merchandise into the United States. Imposes penalties, including seizure of the aircraft or vessel, for violations of such anti-smuggling provisions. Specifies certain acts that, if engaged in within 250 miles of the U.S. territorial seas, shall be: (1) presumed to indicate intent to smuggle; and (2) deemed prima facia evidence that the aircraft or vessel was used in aiding or facilitating such smuggling. Changes the procedures for the seizure and forfeiture of conveyances used in smuggling to require that a common carrier be seized and forfeited under certain circumstances. Authorizes the issuance of search warrants for places suspected of containing: (1) merchandise brought into the United States unlawfully; (2) property which is subject to forfeiture under the customs laws; or (3) articles which are evidence of a customs violation. Authorizes the seizure and forfeiture of smuggled merchandise. Requires that any deposit made in lieu of forfeiture of property seized under customs laws be treated in the same manner as the proceeds of a sale of any forfeited item. Provides that the expenses of a forfeiture proceeding shall be a priority claim in the same manner as court costs. Provides that compensation for informers shall not exceed 25 percent of the amount recovered. (Current law requires such compensation to equal 25 percent of such amount.) Authorizes the Secretary to require the production of foreign landing certificates to comply with international obligations. Permits the Secretary to authorize customs officials to exchange information or documents with foreign customs or law enforcement agencies under certain circumstances. Allows the Secretary, when authorized by treaty or executive agreement, to station customs officers in foreign countries to examine persons or merchandise prior to their arrival in the United States. Provides that merchandise seized at a foreign station may be transported to the United States for customs proceedings. Permits the stationing of foreign customs officers in the United States (if similar privileges are extended to the United States). Establishes penalties for making fraudulent statements to such foreign officials. Grants the Commissioner of Customs authority to conduct commercial cover operations. Subpart B: Miscellaneous Provisions - Subjects recreational vessels to applicable customs regulations. Allows any customs official needing assistance in making an arrest, search, or seizure, to demand such assistance from any person. Subjects any person who refuses such assistance without reasonable excuse to criminal penalties. Exempts any person who renders such assistance from liability for civil damages. Subpart C: Amendments to the Controlled Substances Import and Export Act - Makes it unlawful for any United States citizen on board any aircraft, or any person on board any aircraft owned by a U.S. citizen or registered in the United States, to manufacture or distribute a controlled substance or possess a controlled substance with intent to distribute. Subpart D: Amendments to the Criminal Code - Amends the Federal criminal code to establish criminal penalties for: (1) operating an aircraft without proper navigation and/or anticollision lights; (2) installing illegal fuel tanks or fuel systems aboard an aircraft except according to regulations; or (3) operating an aircraft with such a fuel tank or fuel system installation, except in accordance with regulations. Subpart E: Denial of Trade Benefits to Uncooperative Drug Source Nations - Narcotics Control Trade Act - Directs the President to designate a country an uncooperative drug source nation if during any fiscal year beginning after September 30, 1986, such country: (1) was a source of any illicit narcotic and psychotropic drugs or other controlled substances that are significantly affecting the United States; and (2) did not cooperate with the United States in preventing such drugs and substances from affecting the United States by taking specified actions. Directs the President to report to the Congress the name of each such country. Denies the products of each such country most-favored-nation treatment until the President notifies the Congress that such country has made significant progress and will continue to make progress in remedying those policies on which an uncooperative drug source nation designation was based. Part IV: Maritime Drug Law Enforcement Prosecution Improvements Act of 1986 - Maritime Drug Law Enforcement Prosecution Improvements Act of 1986 - Makes it unlawful for any person on board a vessel of the United States, or on board a vessel subject to the jurisdiction of the United States, to manufacture or distribute, or possess with intent to manufacture or distribute, a controlled substance. Subjects any property used to commit such unlawful acts to seizure and forfeiture. Subtitle E: Anti-Drug Enforcement - Part I: Drug Penalties Enhancement Act of 1986 - Drug Penalties Enhancement Act of 1986 - Amends the Controlled Substances Act to modify the threshold quantity and kinds of controlled substances which trigger enhanced penalties. Establishes a mandatory minimum sentence of five years imprisonment (ten years for subsequent offenses) for violations involving a specified large quantity of such substances. Increases the maximum sentence to 20 years imprisonment and a fine of up to $2,000,000 (life imprisonment and $4,000,000 for subsequent offenses) for such violations. Provides a fine of up to $5,000,000 ($10,000,000 for subsequent offenses) for violations involving a person other than an individual (organization). Provides a mandatory minimum sentence of 20 years imprisonment (life imprisonment for subsequent offenses) if a death results from the use of such substances. Provides for the imposition of a special parole term of at least four years (at least eight years for subsequent offenses) in addition to the prison term for such offenses. Increases the fines for certain Controlled Substances Act violations. Grants the court authority to impose a sentence below the statutory minimum, upon motion of the Government, to reflect a defendant's assistance in the investigation or prosecution of another. Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate special parole terms for violations of such Acts. Part II: Drug Possession Penalty Act of 1986 - Drug Possession Penalty Act of 1986 - Amends the Controlled Substances Act to impose criminal penalties for illegal possession of a controlled substance. Part III: Death Penalty and Continuing Drug Enterprise - Subpart A: Death Penalty - Amends the Federal criminal code to establish procedures to be followed for the imposition of the death penalty. Sets forth mitigating and aggravating factors to be considered in determining whether a sentence of death is justified. Requires a special hearing to determine whether a sentence of death is justified. Allows the defendant to appeal a sentence of death to the court of appeals for review. Limits the imposition of the death sentence for treason. Modifies the criminal penalties for specified criminal offenses. Provides for the imposition of the death penalty for: (1) murder by a Federal prisoner; or (2) murder during the course of a continuing criminal enterprise offense. Subpart B: Continuing Drug Enterprise Act of 1986 - Continuing Drug Enterprise Act of 1986 - Amends the Controlled Substances Act to increase the criminal penalties for continuing criminal enterprise activities. Part IV: Controlled Substances Import and Export Act Penalties Enhancement Act of 1986 - Controlled Substances Import and Export Act Penalties Enhancement Act of 1986 - Amends the Controlled Substances Import and Export Act to modify the quantity and kinds of controlled substances which trigger enhanced penalties. Imposes a mandatory minimum sentence of five years imprisonment (ten years for subsequent offenses) for violations involving a specified large quantity of such substances. Increases the maximum sentence to 40 years imprisonment and a fine of up to $2,000,000 (life imprisonment and a fine of up to $4,000,000 for subsequent offenses) for such violations. Provides a mandatory minimum sentence of 20 years imprisonment (life imprisonment for subsequent offenses) if a death results from the use of such substances. Provides a fine of up to $5,000,000 (up to $10,000,000 for subsequent offenses) for violations involving a person other than an individual (organization). Provides for the imposition of a special parole term of at least four years (at least eight for subsequent violations) in addition to the prison term for such violations. Increases the penalties for certain Controlled Substances Import and Export Act violations. Part V: Juvenile Drug Trafficking Act of 1986 - Juvenile Drug Trafficking Act of 1986 - Establishes enhanced penalties for employing persons under 21 years of age to manufacture or distribute a controlled substance. Establishes enhanced penalties for: (1) the manufacture of a controlled substance in or near an elementary or secondary school (current law establishes such enhanced penalties only for the distribution of a controlled substance in or near such schools); and (2) the manufacture or distribution of a controlled substance in or near a college. Part VI: Chemical Diversion and Trafficking Act of 1986 - Chemical Diversion and Trafficking Act of 1986 - Sets forth certain recordkeeping requirements for distributors, importers, and exporters of precursor and essential chemicals. Makes it illegal to distribute, import, export, or purchase such chemicals for unlawful purposes. Part VII: Asset Forfeiture Amendments Act of 1986 - Asset Forfeiture Amendments Act of 1986 - Permits the use of funds in the Department of Justice Assets Forfeiture Fund for necessary program related expenses and for equipping any vessels, vehicles, and aircraft available for official use by Federal Bureau of Investigation and the U.S. Marshals Service. Authorizes appropriations for such Fund through FY 1991. Requires the forfeiture of substitute assets where, as a result of an act or ommission of the defendant, property subject to forfeiture as a result of certain crimes: (1) cannot be located; (2) has been transferred to a third party; (3) has been placed beyond the jurisdiction of the courts; (4) has been diminished in value; or (5) has been commingled with other property. Part VIII: Exclusionary Rule Limitation Act of 1986 - Exclusionary Rule Limitation Act of 1986 - Provides a good faith exception to the exclusionary rule. Provides a general limitation of the exclusionary rule unless specifically provided by statute or rule of procedure. Subtitle F: Public Awareness and Private Sector Initiatives Act of 1986 - Public Awareness and Private Sector Initiatives Act of 1986 - Allows the head of an agency to procure property or services without using competitive procedures if: (1) such property or services are to be used for a public education program to publicize the dangers of illegal drug use; (2) at least 50 percent of the value of the property or services is donated; and (3) the agency procures such property or services within two years of enactment of this Act. Title II: Pending Senate Initiatives Against Drugs - Subtitle A: Federal Drug Law Enforcement Agent Protection Act of 1986 - Federal Drug Law Enforcement Agent Protection Act of 1986 - Amends the Controlled Substances Act to authorize awards of up to $100,000 to any individual who provides original information which leads to the arrest and conviction of a person who kidnaps or kills a Federal drug law enforcement agent. Provides that the money for such rewards be taken from the forfeiture proceeds within the Department of Justice. Subtitle B: Common Carrier Operation Under the Influence of Alcohol or Drugs - Provides criminal penalties for operating a common carrier while under the influence of alcohol or drugs. Subtitle C: Controlled Substances Technical Amendments - Makes technical amendments to the Controlled Substances Act. Subtitle D: Indian Juvenile Alcohol and Drug Abuse Prevention - Indian Youth Alcohol and Substance Abuse Prevention Act - Part I: Interdepartmental Agreement - Directs the Secretary of Health and Human Services to enter into an agreement with the Secretary of the Interior to coordinate specified efforts of the Bureau of Indian Affairs (Bureau) and the Indian Health Service relating to alcohol and drug abuse programs for Indian youth. Provides for the biennial review of such agreement by the Secretary of the Interior and the Secretary of Health and Human Services. Requires the Secretary of Health and Human Services, upon a tribe's request, to coordinate resources and services related to youth alcohol and drug abuse with any Indian tribe. Part II: Education - Requires Bureau schools and schools operated under any contract entered into with the Bureau to provide instruction on alcohol and drug abuse to students in kindergarten and grades one through 12. Requires the Secretary of Health and Human Services to publish, on a quarterly basis, an alcohol and drug abuse newsletter and to circulate it to specified Government agencies that provide such alcohol and drug abuse-related services to Indian people. Part III: Family and Social Services - Requires any initial training program for new community health representatives and community health aids funded under the Bureau to include not less than 40 hours of instruction in the area of alcohol and drug abuse, including instruction in crisis intervention, family relations, youth alcohol and drug abuse, and the causes and effects of fetal alcohol syndrome. Requires the Secretary of Health and Human Services to provide instruction in alcohol and drug abuse problems to specified schools, Indian Health Service personnel, and others. Part IV: Law Enforcement - Requires the Secretary of the Interior, in consultation with the U.S. Attorney General, to promulgate guidelines under which any tribal or Federal law enforcement officer shall place an Indian youth who has been arrested for an offense in which alcohol or drug abuse was a contributing factor in an emergency shelter, a community-based alcohol or drug abuse treatment facility, or any other medical or detention facility. Requires such guidelines to be made available to any State which exercises criminal jurisdiction over Indian country. Requires the Secretary of Health and Human Services, with the concurrence of the Secretary of Interior, to establish standards for the licensing of temporary emergency shelters to house Indian youths who have been arrested for offenses related to alcohol or drug abuse. Requires the Bureau to prescribe standards by which such shelters shall become licensed. Increases the maximum sentence (from six months to one year) and the maximum fine (from $500 to $5,000) which a tribal court can impose for any offense. Directs the Secretary of the Interior to provide for the development of a Model Indian Juvenile Code. Allows the Secretary to charge any employee of the Department of the Interior with law enforcement responsibilities. Part V: Youth Alcohol and Drug Abuse Treatment and Rehabilitation - Requires the Secretary of Health and Human Services to include in the budget submitted to the Congress a detailed estimate of the cost of providing comprehensive alcohol and drug abuse treatment services to Indian juveniles (including detoxification and counseling services, and follow-up care in Indian Health Service facilities and in facilities operated under any contract entered into with the Indian Health Service). Requires the Secretary of Health and Human Services to complete a study to determine: (1) the size of the Indian population in need of residential alcohol and drug abuse treatment; (2) the location of facilities at which such treatment is available or could be made available; and (3) the cost of providing such treatment. Requires the Secretary of Health and Human Services, in consultation with Indian tribes, to identify and utilize existing facilities owned by the Government or an Indian tribe, or local community or private hospitals, for use as residential alcohol and drug abuse treatment centers for Indian youths. Part VI: Miscellaneous Provisions - Authorizes the Secretary to prescribe regulations necessary to carry out the provisions of this subtitle. Authorizes appropriations. Subtitle E: Controlled Substance Analogs' Enforcement Act of 1986 - Controlled Substance Analogs' Enforcement Act of 1986 - Amends the Controlled Substances Act to impose criminal penalties for the manufacture, possession with intent to distribute, or distribution of controlled substance analogs. Subtitle F: Department of Defense Drug Interdiction - Authorizes appropriations for FY 1987 for the Department of Defense for: (1) the procurement, refurbishment, or upgrading of aircraft, radar, and related systems; (2) the operation and maintenance of aircraft used in carrying out drug interdiction missions; and (3) enhanced intelligence collection activities concerning the illegal importation of drugs from South America. Directs the Secretary of Defense to make such aircraft, radar, and related equipment available to certain Federal agencies (who shall be responsible for their operation and maintenance). Allows the Secretaries of Defense and Transportation to assign specially trained members of the Coast Guard to naval vessels for drug enforcement purposes. Requires the National Drug Enforcement Policy Board to submit a report to specified congressional committees on the manner and extent to which the Department of Defense should be involved in United States law enforcement activities relating to the control and reduction of drug abuse. Requires the Secretary of Defense to submit a report to specified congressional committees on: (1) the extent to which youth enrolled in schools operated by the Department of Defense for dependent members of the armed forces are receiving drug and substance abuse education; (2) the types of drug education programs currently being provided in such schools; (3) whether additional drug education programs are needed in such schools; and (4) the extent to which preventive peer counseling classes should be used for such programs. Amends the Uniform Code of Military Justice to include driving under the influence of drugs as an offense. Subtitle G: Money Laundering Crimes Act of 1986 - Money Laundering Crimes Act of 1986 - Amends the Federal criminal code to establish money laundering as a Federal offense. Sets forth fines and penalties to be imposed on anyone who, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a transaction which in fact involves such proceeds: (1) with the intent to facilitate the carrying on of specified unlawful activity; or (2) knowing that the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of such proceeds, or to avoid a transaction reporting requirement under State or Federal law. Sets forth fines and penalties to be imposed upon anyone who: (1) transports or attempts to transport a monetary instrument or funds from a place in the United States to or through a place outside the United States, or vice versa, with similar intent or knowledge; or (2) conducts or attempts to conduct a financial transaction that in whole or in part involves the proceeds of specified unlawful activities with intent to violate or facilitate the violation of certain provisions of the Internal Revenue Code. Provides, for each of such offenses, for a fine of not more than $250,000 or twice the value of the monetary instrument, whichever is greater, or imprisonment for not more than 20 years, or both. Imposes a civil penalty of the greater of the value of the funds or the monetary instrument involved or $10,000. Authorizes components of the Department of Justice, the Department of the Treasury, and the U.S. Postal Service to investigate such offenses, as appropriate. Establishes extraterritorial jurisdiction if certain conditions are met. Amends the Right to Financial Privacy Act of 1978 with respect to the permissible notification of the Federal Government by a financial institution that the institution has information which may be relevant to a possible violation of law or regulation. Restricts such information to the name or names and other identifying information concerning the individuals and accounts involved in and the nature of the suspected illegal activity. Preempts any State or local law which prohibits disclosure of such information. Precludes liability under any law for an institution for such a disclosure or for failing to notify the customer of such disclosure. Grants a district court authority to order the institution to delay notifying a customer of the existence of a grand jury subpoena of financial records or of information furnished to the grand jury. Authorizes the Secretary of the Treasury to: (1) subpoena witnesses; and (2) require the production of records of domestic financial institutions. Increases the civil penalties for violations of the Bank Secrecy Act's reporting rules. Provides in the case of a reporting violation for a maximum penalty of $1,000,000 and a minimum of $25,000. Imposes a civil penalty for the criminal violation of such rules, in the amount of the transaction or $25,000, whichever is greater, where the violation involves a transaction. Sets a civil penalty of the entire amount of an account (up to $250,000), or $25,000, whichever is greater, where the violation involves failure to report the existence of an account or any required identifying data pertaining to it. Imposes a civil penalty of not more than $500 in the case of a negligent violation. Authorizes the Secretary to assess a civil penalty within six years after the transaction on which the penalty is based. Permits the Secretary to bring a civil action to recover a civil penalty within two years after assessment. Lists money laundering as a predicate offense for purposes of the Racketeer Influenced and Corrupt Organizations (RICO) statute. Authorizes wiretapping for the investigation of money laundering. Amends the Federal Deposit Insurance Act to authorize the Secretary to prescribe recordkeeping regulations. Imposes penalties for violations of such regulations. Establishes civil and criminal forfeiture procedures for the offense of money laundering. Title III: New Initiatives Against Drugs - Subtitle A: White House Conference on Drug Abuse, Education, Prevention, and Treatment - White House Conference on Drug Abuse, Education, Prevention, and Treatment Act of 1986 - Directs the President to call a White House Conference on Drug Abuse, Education, Prevention, and Treatment to examine the drug abuse crisis. Requires the Conference to report its findings and recommendations to the President and the Congress. Authorizes appropriations. Subtitle B: Commerce - Part I: Railroad Safety - Directs the Secretary of Transportation to review existing rules, regulations, standards, and orders governing alcohol and drug use in railroad operations to determine whether they are adequate to ensure safety. Part II: Air Safety - Directs the Administrator of the Federal Aviation Administration to prescribe regulations establishing a program which requires air carriers to conduct pre-employment, random, and post-accident drug testing of airmen and crewmembers. Requires each air carrier to establish and maintain a rehabilitation program which provides for the identification and treatment of airmen and crewmembers who need assistance in resolving problems with controlled substances or alcohol. Amends the Federal Aviation Act of 1958 to impose criminal penalties (a fine of up to $25,000 and/or imprisonment for up to five years) for certain violations in connection with the air transportation of controlled substances. Requires any person having an ownership interest in an aircraft to report any transfer of ownership within 15 days. Part III: Communications - Requires the Federal Communications Commission to: (1) seize any communications equipment that was used for distributing a controlled substance; and (2) revoke the license of any person who used such license for the purpose of using or distributing a controlled substance. Part IV: Highway Safety - Subpart A: Commercial Motor Vehicle Safety Act of 1986 - Commercial Motor Vehicle Safety Act of 1986 - Requires the Secretary of Transportation (the Secretary) to promulgate regulations establishing minimum Federal standards for the licensing, testing, qualifications and classifications of commercial motor vehicle operators, and additional regulations for such operators who transport hazardous materials. Sets guidelines for such standards. Establishes guidelines for civil and criminal penalties to be imposed by the States for violations of such standards. Prohibits commercial motor vehicle operators from possessing more than one operator's license. Sets September 1, 1989, as the deadline by which each State must adopt and administer a classified licensing program which complies with the minimum Federal standards for commercial motor vehicle operators. Requires the States to notify the Secretary of the proposed and actual issuance of a commercial license in order to eliminate the multiple licensing of commercial motor vehicle operators. Restricts the issuance of commercial licenses to persons with acceptable safety records. Provides that States must require commercial operators to turn in other commercial licenses. Provides Federal grants to assist States which have programs for license issuance and administration that comply with the Federal guidelines established under this Act. Requires the Secretary to: (1) withhold highway funds and certain apportionments from States which are not in compliance with this Act as of September 30, 1990: and (2) establish by January 1, 1989, a commercial driver's license information clearinghouse allowing rapid communication among the States. Outlines the functions of such information system. Requires any prospective employer to consult such clearinghouse prior to employing a commercial motor vehicle operator in order to ascertain his or her status. Prohibits the employment of drivers whose licenses have been suspended, revoked or cancelled for cause. Requires the Secretary to establish fees for the use of such information system. Makes funds available for FY 1987 to establish such information system. Amends the Surface Transportation Assistance Act of 1982 to require States receiving grants under the Act to: (1) conduct frequent roadside inspections of commercial motor vehicles; (2) conduct tests to determine blood alcohol content levels of commercial motor vehicle operators; and (3) provide for license suspension or revocation for operators who either have certain blood alcohol content levels, or who refuse to submit to blood alcohol content tests. Authorizes the Secretary to provide funds to encourage the States to determine whether commercial motor vehicle operators are driving under the influence of a controlled substance. Increases authorizations for FY 1987 and 1988 for grants to assist States in the implementation of Federal commercial motor vehicle programs. Authorizes appropriations for FY 1989 and 1990 for such programs. Subpart B: Motor Vehicle Safety - Expresses the sense of the Senate that the States should enact laws and adopt procedures which provide for the administration of tests which measure the content of controlled substances in the blood of any motor vehicle operator and provide for suspension or revocation of the license of an operator who refuses to submit to such testing. Subtitle C: Harmful Inhalants - Amends the Federal criminal code to make the sale of harmful inhalants illegal. Subtitle D: Action Grants - Amends the Domestic Volunteer Act of 1973 to authorize grants (and other special initiatives) to increase voluntarism in preventing drug abuse. Authorizes appropriations for FY 1987 through 1989. Subtitle E: Habeas Corpus Reform - Reform of Federal Intervention in State Proceedings Act of 1985 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners, and a two-year statute of limitations for similar motions made by Federal prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Subtitle F: Armed Career Criminals - Amends title VII (Unlawful Possession or Receipt of Firearms) of the Omnibus Crime Control and Safe Streets Act of 1968 to expand the firearms-related crimes for which persons with multiple convictions may receive increased penalties to include serious drug offenses and crimes of violence. (Previous law provided increased penalties for robbery and burglary only.) Subtitle G: Prohibition on the Interstate Sale and Transportation of Drug Paraphernalia - Mail Order Drug Paraphernalia Control Act - Makes it a Federal criminal offense for any person to use the U.S. Postal Service or any private parcel service in interstate commerce as part of a scheme to sell drug paraphernalia. Imposes a penalty of imprisonment for not more than three years and a fine of not more than $100,000. Provides for the seizure and forfeiture of any paraphernalia involved in violation of this Act. Subtitle H: International Narcotics Control - Part I: Interagency Coordinating Committee - Establishes an Inter-Agency Coordinating Committee for Drug-Related Intelligence Collection and Action to coordinate the drug related activities of the intelligence components of specified Federal departments and agencies. Requires the Director of Central Intelligence to report annually to specified congressional committees on such activities. Part II: Declaration; Policy - Declares that drugs are a national security problem and urges the President to explore the possibility of engaging the North Atlantic Treaty Organization (NATO), and other such organizations, in cooperative drug programs. Part III: Report - Requires the President to prepare an annual report for the Congress listing each country: (1) which encourages or facilitates the production or distribution of illegal drugs; (2) in which a member of a U.S. Government agency has suffered or been threatened with violence, inflicted by or with the complicity of an official of such country; or (3) which fails to provide reasonable cooperation with lawful activities of U.S. drug enforcement agents. Part IV: International Narcotics Control Act of 1986 - International Narcotics Control Act of 1986 - Subpart A: International Narcotics Control Assistance Program - Amends the Foreign Assistance Act of 1961 to increase the FY 1987 authorization for aid for international narcotics control. Permits certain additional funds to be appropriated for FY 1987 only if the President has submitted to the Congress: (1) a budget request for such funds; and (2) a plan showing how such funds will be used. Requires that a specified amount of FY 1987 military assistance authorization be available to provide aircraft to foreign countries for narcotics control eradication and interdiction efforts. States that such aircraft shall be available primarily for use in Latin America. Provides that any such aircraft made available to Mexico shall be provided only on a lease or loan basis. Earmarks a specified amount of the FY 1987 international narcotics control assistance for research, development, and testing of safe and effective herbicides for use in aerial eradication of coca. Requires the Comptroller General to investigate and report to the Congress on the effectiveness of the international narcotics control assistance program. Subpart B: Improving Law Enforcement and Other Narcotics Control Activities Abroad - Requires the President's annual report to the Congress on the international strategy to prevent cultivation and trafficking in narcotics to include a discussion of the extent to which each source country has cooperated with U.S. narcotics control efforts through the extradition or prosecution of drug traffickers and a description of the state of negotations on updated extradition treaties. Requires the executive branch to establish expeditiously the information sharing system that will list all drug arrests of foreign nationals in the United States as required by the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987. Requires the executive branch to report to the Congress when the system is established. Requires the President to direct that an updated threat assessment of narcotics trafficking from Africa be prepared. Requires that a specified amount of the FY 1987 administration of justice program authorization be used to provide Colombia (and other countries in the region) assistance to protect judicial or other officials who are targets of narcoterrorist attacks. Allows the President to suspend foreign assistance to a country which has failed to take adequate steps to prevent money laundering and punish money launderers. Amends the International Security and Development Cooperation Act of 1985 to permit foreign assistance to Bolivia when certain conditions are met. Directs the President to report to specified congressional committees on a plan to do aerial and other surveys of major illicit drug producing countries. Requires the Secretary of the Treasury to instruct each U.S. Executive Director to multilateral development banks to vote against any loan for the benefit of any major illicit drug producing country. Subpart C: Drug Education Programs Abroad - Authorizes additional appropriations for the U.S. Information Agency for FY 1987 which shall be available only for increasing drug education programs abroad. Authorizes additional appropriations for development assistance programs for FY 1987 which shall be used for additional activities aimed at increasing awareness of the effects of production and trafficking of illicit narcotics on source and transit countries. Requires the Director of the U.S. Information Agency and the Director of the Agency for International Development to include in their annual reports to the Congress a description of the drug education programs carried out by their respective agencies. Subtitle J: Anti-Drug Trust Fund - Amends the Internal Revenue Code of 1954 to allow any individual to designate any amount of tax overpayment and to make contributions to the Anti-Drug Trust Fund. Establishes the Anti-Drug Trust Fund. Subtitle K: Freedom of Information Act - Amends the Freedom of Information Act to provide certain Freedom of Information request exceptions for specified law enforcement records and information. Subtitle L: National Forest System Drug Control - Grants officers and employees of the Forest Service of the Department of Agriculture authority to conduct investigations and make arrests for violations relating to the National Forest System. Allows the Secretary of Agriculture to grant such officers and employees certain law enforcement powers (including the right to carry firearms). Amends the Controlled Substances Act to impose criminal penalties for: (1) possessing a firearm while manufacturing a controlled substance on Federal property; and (2) placing a boobytrap on Federal property where a controlled substance is being manufactured. Authorizes appropriations. Subtitle M: Authorization of Appropriations for Drug Law Enforcement - Authorizes additional appropriations for FY 1987 for the Department of Justice for: (1) the Drug Enforcement Administration (including an All Source Intelligence Center); (2) the Federal Prison System; (3) Defender Services; (4) fees and expenses of jurors and commissioners; and (5) the Office of Justice Assistance. Subtitle N: Controlled Substances Production Control - Amends the Food Security Act of 1985 to make any person convicted of planting, storing, harvesting, or growing a controlled substance ineligible for price supports or other program benefits for ten (rather than five) years. Directs the Secretary to pay a reward for information leading to the conviction of any person who receives such supports or benefits and is subsequently determined to be ineligible for such supports or benefits. Subtitle O: State and Local Narcotics Control Assistance - State and Local Law Enforcement Assistance Act of 1986 - Authorizes the Attorney General to make grants to State and local law enforcement agencies for narcotics assistance. Subtitle P: Study on the Use of Existing Federal Buildings as Prisons - Directs the Administrator of General Services and the Secretary of Defense to conduct a study to identify any Federal building which could be used as a prison by the Federal Bureau of Prisons. Requires the Administrator and the Secretary to transmit the results of such study to the President and the Congress. Subtitle Q: Drug Law Enforcement Cooperation Study - Directs the National Drug Enforcement Policy Board to study Federal drug law enforcement efforts and make recommendations regarding: (1) improving the Nation's drug interdiction program; and (2) ways to maximize coordination and cooperation among Federal, State, and local drug enforcement agencies, and between the several Federal agencies involved with drug interdiction. Subtitle R: Drug Interdiction - Permits the use of Department of Defense personnel outside of the United States in drug interdiction activities. Authorizes appropriations for FY 1987 for the Customs Service, the Attorney General, the Coast Guard, and other agencies for drug interdiction activities along the southern border of the United States. Subtitle S: Arrest Authority for INS Officers - Amends the Immigration and Nationality Act to grant Immigration and Nationality Service (INS) officers general arrest authority (including the right to carry a firearm). Subtitle T: Improved Drug Crime Reporting - Requires the Bureau of Justice statistics to compile and publish comprehensive data on drug trafficking and abuse. Authorizes appropriations for FY 1987.
United States · United States Congress · 10 September 1986
Major Drug Dealer Penalties Enhancement Act of 1986 - Amends the Controlled Substances Act to increase the maximum criminal fines from $100,000 to $1,000,000 for individuals and $4,000,000 for defendants other than individuals ($2,000,000 and $8,000,000 respectively for subsequent offenses) for continuing criminal enterprise (major drug trafficking) offenses. Provides a penalty of life imprisonment for such offenses which: (1) result in the death of an individual; (2) earn $1,000,000 in gross revenues during any 12-month period; or (3) involve large amounts of specified substances.
United States · United States Congress · 10 September 1986
Amends the Foreign Assistance Act of 1961 to require the President to suspend aid to a country and to require the U.S. Executive Directors of multilateral development banks to oppose aid to such country if the President determines that the country has failed to take adequate steps to prevent and punish the laundering in that country of drug-related profits or monies. Sets forth the type of governmental actions that would be considered to be adequate steps to prevent the laundering of drug-related monies. Requires the annual report to the Congress on efforts to reduce drug trafficking to identify countries that are centers of drug-money laundering operations and contain plans and timetables for preventing and punishing such activities and a discussion of the adequacy of the measures taken in accordance with such plans.
United States · United States Congress · 15 August 1986
Farm Credit System Borrower Interest Rate Relief Act of 1986 - States that it is the policy of the Congress that Farm Credit System (System) institutions should take steps to establish competitive interest rates based on the marginal cost of funds. Amends the Farm Credit Act of 1971 to repeal provisions for Farm Credit Administration (FCA) approval of interest rates charged by Federal land banks, Federal intermediate credit banks, and banks for cooperatives. Prohibits the FCA from requiring System institutions to maintain capital levels by charging interest rates in excess of commercial rates.
United States · United States Congress · 15 August 1986
Directs the Secretary of Agriculture to provide emergency disaster relief (commodity certificates redeemable from Commodity Credit Corporation stocks) to agricultural producers who are eligible for disaster or economic emergency assistance due to the 1986 drought . Sets forth assistance limits. Directs the Secretary to: (1) provide in-kind cost-sharing assistance for reforestation and vegetative covering to prevent soil erosion; and (2) permit hay and grazing under acreage limitation programs. Expresses the sense of the Congress, with respect to the 1986 drought, that the President should: (1) declare a drought emergency; (2) direct the Secretary to provide assistance for improving livestock wells; and (3) direct the Federal Emergency Management Agency to reimburse the Secretary for any expenses incurred in providing such assistance. Directs the Secretary to implement the emergency feed program authorized by the Food and Agriculture Act of 1977 within a specified time. Provides for up to 50 percent reimbursement of feed costs. Directs the Secretary for 1986 to make surplus commodities available for livestock and poultry in drought areas at a cost not to exceed 50 percent of local commercial rates. Limits the value of surplus commodities available in 1986 to producers of nonprogram crops in drought areas. Prohibits reduction in the price received by milk producers in drought areas for the period beginning October 1, 1986, and ending December 31, 1986. Increases such reductions during the period beginning January 1, 1987, and ending September 30, 1987, in order to make up for such prohibited price reductions. Expresses the sense of the Congress, with respect to farm borrowers who are adversely affected by natural or economic disasters, that: (1) farm loan repayments and foreclosures should be deferred; (2) Farm Credit System and commercial institutions should adopt lenient lending and foreclosure policies; and (3) disaster and economic emergency loan funds should be used to help restructure loans so that the Farmers Home Administration would not have to service such accounts.
United States · United States Congress · 14 August 1986
Amends the International Claims Settlement Act of 1949 to require the Foreign Claims Settlement Commission of the United States, in determining the value of a claim under international law, to award the fair market value of the property seized by a foreign government. Sets forth the method of determining fair market value.
United States · United States Congress · 30 July 1986
Comprehensive Anti-Apartheid Act of 1986 - Title I: Policy of the United States with respect to Ending Apartheid - Requires U.S. policy toward South Africa to be designed to bring about the establishment of a nonracial democracy in South Africa. Sets forth actions that the United States shall encourage South Africa to take, including releasing Nelson Mandela and establishing a timetable for the elimination of apartheid laws. Requires the United States to adjust its actions toward South Africa to reflect the progress made by South Africa in establishing a nonracial democracy. Declares that U.S. policy toward the victims of apartheid is to use economic, political, diplomatic, and other means to remove the apartheid system and to assist the victims of apartheid to overcome the handicaps imposed on them by apartheid. Sets forth actions the United States will take to help the victims of apartheid. Declares that U.S. policy toward the other countries in the region shall be designed to encourage democratic forms of government, respect for human rights, political independence, and economic development. Sets forth actions the United States will take toward such countries. Declares that it is U.S. policy to promote negotiations among representatives of all citizens of South Africa to determine a future political system. Declares that the United States will encourage all participants in the negotiations to respect the right of all South Africans to participate in the political process without fear of retribution. Requires the United States to work for an agreement to suspend violence and begin negotiations through coordinated actions with the major Western allies and with the governments of the countries in the region. Expresses the sense of the Congress that the achievement of such an agreement could be promoted if the United States and its major allies would meet to develop a plan to provide multilateral assistance for South Africa in return for South Africa implementing: (1) an end to the state of emergency and the release of political prisoners; (2) the unbanning of groups willing to participate in negotiations and a democratic process; (3) a revocation of the Group Areas Act and the Population Registration Act and the granting of universal citizenship to all South Africans, including homeland residents; and (4) the use of a third party to bring about negotiations to establish power-sharing with the black majority. Urges the President to seek cooperation among all individuals, groups, and nations to end apartheid. Title II: Measures to Assist Victims of Apartheid - Amends the Foreign Assistance Act of 1961 to earmark increasing amounts of the education and human resources development assistance funds for FY 1987 through 1989 and a fixed amount for each fiscal year thereafter for scholarships for the victims of apartheid who are attending universities, colleges, and secondary schools in South Africa. Sets forth the manner of selecting the scholarship recipients. Earmarks a specified amount of the funds available for human rights assistance for FY 1986 for anti-apartheid nongovernmental organizations in South Africa. Earmarks a specified amount of the funds made available to such organizations to provide assistance to political detainees and prisoners and their families. Requires the Secretary of State (the Secretary) and any other head of a Federal agency carrying out activities in South Africa to try, in procuring goods and services, to assist businesses having more than 50 percent beneficial ownership by nonwhite South Africans. Amends the Export-Import Bank Act of 1945 to require the Export-Import Bank to take active steps to encourage the use of its guarantee, insurance, and credit facilities in connection with South African businesses that are majority owned by nonwhite South Africans. Exempts from a specified certification requirement exports to or purchases from such businesses. Expresses the sense of the Congress that the labor practices used by the U.S. Government in South Africa should represent the best of U.S. labor practices and should serve as a model for U.S. nationals in South Africa. Requires the Secretary and the heads of other agencies carrying out activities in South Africa to ensure that the labor practices used in South Africa are governed by a specified Code of Conduct. Requires the Secretary to acquire residential properties in South Africa that shall be made available to assist victims of apartheid who are U.S. employees in obtaining adequate housing. Requires such property to be acquired only in neighborhoods open to other U.S. employees. Authorizes appropriations for FY 1987 for such housing. Requires any U.S. national who employs more than 25 persons in South Africa to insure that the Code of Conduct is implemented. Prohibits U.S. intercession with any foreign government or foreign nation on behalf of any U.S. national employing more than 25 persons in South Africa if such U.S. national does not implement the Code of Conduct. Declares that the Code of Conduct is as follows: (1) desegregating employment facilities; (2) providing equal employment opportunity for all employees; (3) assuring that the pay system is applied to all employees; (4) establishing a minimum wage and salary structure; (5) increasing the number of persons in managerial, supervisory, administrative, clerical, and technical jobs who are disadvantaged by apartheid; (6) taking reasonable steps to improve the quality of employees' lives outside the work environment; and (7) implementing fair labor practices by recognizing the right of all employees to unionize. Expresses the sense of the Congress that, in addition to the Code of Conduct, U.S. nationals in South Africa should seek to take reasonable measures to extend the scope of influence on activities outside the workplace. Authorizes the President to issue guidelines and, upon request, advisory opinions on compliance with such principles. Authorizes the President to require all U.S. nationals employing more than 25 persons in South Africa to register with the Federal Government. Prohibits providing assistance under this Act to any group that maintains within its ranks any individual who has been found to engage in gross violations of human rights. Prohibits any U.S. national from making or approving any new investment in South Africa to or on behalf of any controlled South African entity employing 25 or ore individuals if such entity is not adhering to the Code of Conduct. Title III: Measures by the United States to Undermine Apartheid - Prohibits importing from South Africa: (1) any gold coin minted in South Africa or sold by its Government; (2) arms, ammunition, or military vehicles or any manufacturing data for such articles; and (3) any article grown, produced, or manufactured by an organization owned or controlled by the South African Government except for certain strategic minerals. Prohibits exporting computers, computer software, or computer technology to or for the use of: (1) the South African military, police, prison system, national security agencies; (2) ARMSCOR and its subsidiaries or the weapons research activities of the South African Council for Scientific and Industrial Research; (3) the administering authorities for apartheid; (4) any apartheid enforcing agency; or (5) any governmental entity which performs any of the above functions. Permits exports of computers, computer software, and technology to South Africa for other purposes only if a system of end use verification is in effect to ensure that the computers involved will not be used for any function of any of the entities listed above. Prohibits any U.S. national from making or approving any loan to the South African Government or to any entity owned or controlled by such government. Exempts from such prohibition: (1) loans for any education, housing, or humanitarian benefit which is available to all persons on a nondiscriminatory basis or is available in a geographic area accessible to all population groups; or (2) loans entered into before enactment of this Act. Requires the Secretary to terminate the 1947 air services agreement between South Africa and the United States. Requires the Secretary of Transportation, upon termination of such agreement, to prohibit any aircraft of a foreign air carrier owned by South Africa or by South African nationals from engaging in air transportation with respect to the United States. Prohibits, unless the Secretary certifies to the Speaker of the House and the chair of the Senate Foreign Relations Committee that South Africa maintains certain international nuclear safeguards: (1) the Nuclear Regulatory Commission (NRC) from issuing a license for the export to South Africa of certain nuclear facilities, material, technology, or components; (2) the Secretary of Commerce from issuing a license for the export to South Africa of certain goods or technology that may be of significance for nuclear explosive purposes; (3) the Secretary of Energy from authorizing any person to engage in the production of special nuclear material in South Africa; and (4) any executive branch agency or the NRC from approving the retransfer of nuclear goods or technology to South Africa. Exempts certain exports, retransfers, or other activities from such prohibition if specified conditions are met. Prohibits the issuance of a visa for admission to the United States to any person who is a South African Government official or a member of such official's immediate family except on a case by case basis in the discretion of the Secretary. Terminates the validity of visas held by certain nonimmigrant aliens 30 days after enactment of this Act if such visa was issued before enactment of this Act. Authorizes the President to sell U.S. gold stocks on the open market and to engage in other gold transactions whenever necessary to affect world gold prices and thereby carry out this Act. Prohibits a U.S. depository institution from accepting, receiving, or holding a deposit account from the South African Government or from any entity owned or controlled by South Africa. Terminates the sanctions contained in title III of this Act and certain sanctions contained in title V of this Act if South Africa: (1) releases Nelson Mandela from prison; (2) repeals the state of emergency and releases all detainees held under such state of emergency; (3) unbans political parties; and (4) repeals the Group Areas Act. Authorizes the President, unless the Congress enacts a joint resolution of disapproval, to suspend or modify such sanctions after the President determines and reports to the Congress that South Africa has: (1) taken any two of the four actions listed in the preceding paragraph; and (2) made substantial progress toward dismantling apartheid and establishing a nonracial democracy. Title IV: Multilateral Measures to Undermine Apartheid - Declares that: (1) it is U.S. policy to seek international cooperation with the industrialized democracies on measures which will encourage an end to apartheid; and (2) negotiations to reach international cooperative arrangements with such countries should begin promptly and be concluded within 180 days of enactment of this Act. Authorizes the President to modify the sanctions imposed under title III of this Act to conform with such an agreement. Declares that each such agreement shall enter into force and effect if: (1) the President, at least 30 days before entering into such agreement, notifies the Congress of the intention to enter into such agreement and publishes such notice; (2) after entering into the agreement, the President sends a copy of the agreement and certain other materials to the Congress; and (3) the Congress does not adopt a joint resolution of disapproval within 30 days of transmittal of such documents. Declares that it shall be an unfair trade practice under the Trade Act of 1974 for any foreign person, partnership, or corporation to benefit from or otherwise take commercial advantage of any sanction or prohibition against a U.S. national imposed by this Act. Creates a private right of action for U.S. nationals who are required to terminate or curtail business in South Africa against anyone who benefits or takes commercial advantage of such termination or curtailment. Title V: Future Policy Toward South Africa - Declares that it is U.S. policy to impose additional measures against South Africa if substantial progress has not been made within 12 months of enactment of this Act in ending apartheid and establishing a nonracial democracy. Requires the President to report annually to the Speaker of the House and the chair of the Senate Foreign Relations Committee beginning one year after enactment of this Act on the extent to which significant progress has been made toward ending apartheid. Requires the report to contain a recommended additional measure if the President determines that South Africa has not made significant progress in ending apartheid and establishing a nonracial democracy. Provides for expedited congressional consideration of a joint resolution which would enact such additional measures. Requires the Secretary to report to the Congress by December 1, 1986, on the health conditions and on the extent of starvation and malnutrition in the "homelands" areas of South Africa. Requires the President to report to the Congress, within 90 days of enactment of this Act, on the extent to which the United States is dependent on imports from South Africa of chromium, cobalt, manganese, platinum group metals, ferroalloys, and other strategic and critical materials. Requires the President to develop a program which reduces the U.S. dependence on such imports. Directs the President to report to the Congress, within 180 days of enactment of this Act, on the role of American assistance in southern Africa describing what needs to be done and what can be done to expand the trade, private investment, and transport prospects of southern Africa's landlocked nations. Directs the President to report to the Congress, within 180 days of enactment of this Act, on the economic and other relationships of other industrialized democracies with South Africa. Title VI: Enforcement and Administrative Provisions - Provides for enforcement and administration of this Act. Provides for expedited consideration by the Congress of certain joint resolutions relating to sanctions against South Africa.
United States · United States Congress · 25 July 1986
Declares that the Senate: (1) recognizes the right of the people of Ukraine, Lithuania, Romania, Czechoslovakia, and other Soviet-bloc Eastern European countries to have religious freedom; and (2) deplores the refusal by the Soviet Union and Romania to recognize the Byzantine Rite Catholic Church and the refusal by those countries to restore Church property. Expresses the sense of the Senate that the President should instruct the U.S. delegation to the Review Meeting of the Conference on Security and Cooperation in Europe to press the restoration of the Church and freedom of all religions.
United States · United States Congress · 23 July 1986
Amends the Internal Revenue Code to allow a charitable contribution deduction to farmers who donate agricultural products to assist victims of a drought, flood, or other natural disaster. Provides that the amount of the deduction shall equal the wholesale market value of such agricultural product.