United States · United States Congress · 12 December 1985
Expresses the sense of the House of Representatives that a national program of hypersonic aircraft research and technology development, leading to a proof-of-concept flight demonstration, should be pursued vigorously by the National Aeronautics and Space Administration (NASA), in consultation and cooperation with other Government agencies. Requests the Administrator of NASA to report to specified congressional committees by June 1, 1986, outlining a plan to implement such a program.
United States · United States Congress · 20 November 1985
Telecommunications Equipment and Information Services Act of 1985 - Authorizes the Bell operating companies to provide information services (excluding electronic publishing) and to manufacture telecommunications equipment, subject to such regulations as the Federal Communications Commission may prescribe. Conditions such authority on the Commission's determination that no Bell operating company could impede competition in the information services or telecommunications equipment manufacturing businesses. Requires the Commission to include in its annual report to the Congress an assessment, providing for public comment, of the impact of this Act on employment in such businesses.
United States · United States Congress · 20 November 1985
Designates May 25, 1986, as Hands Across America Day. Authorizes and requests the President to commend: (1) United Support of Artists for Africa for their Hands Across America project; and (2) the American people for their commitment to helping people help themselves.
United States · United States Congress · 13 November 1985
Humane Treatment of Immigrant Children Act of 1985 - Prohibits the Immigration and Nationality Service from holding an innocent minor dependent of an alien held for deportation in a place separate from such child's parents or in a criminal environment. Permits an injured person to sue or seek injunctive relief from the Government, and in the same action recover punitive damages from a person acting under governmental authority.
United States · United States Congress · 30 October 1985
Designates 1986 as Save for the U.S.A. Year. Requests the President to initiate a nationwide campaign, to be known as the Buy Back America campaign, to encourage the people of the United States to buy U.S. savings bonds and certificates and thereby reduce borrowings from foreign sources. Requires the Secretary of the Treasury to enhance the marketability of such bonds and certificates.
United States · United States Congress · 24 October 1985
Joint Chiefs of Staff Reorganization Act of 1985 - Revises Federal provisions concerning the composition and function of the Joint Chiefs of Staff (JCS) to define the Chairman of JCS as the principal military advisor to the President, the National Security Council, and the Secretary of Defense. Authorizes a member of JCS other than the Chairman to offer, to the Secretary of Defense and then to the President, a separate opinion in disagreement with that of the Chairman concerning military advice given. Directs that the Chairman of JCS shall supervise the commanders of the combatant commands and act as their spokesman. Extends the term of the Chairman of JCS from two to four years. Establishes the position of Deputy Chairman of JCS. Prohibits the Deputy Chairman and the Chairman from being a member of the same military branch, unless the Secretary of Defense waives such prohibition for a limited period. Sets the term of the Deputy Chairman at four years. Requires the Deputy Chairman to perform such duties as delegated by the Chairman with the approval of the Secretary of Defense. Directs the Deputy Chairman to act as Chairman if the latter position is vacated for any reason. Directs the Deputy Chairman to act as director of the Joint Staff, which performs such duties as the Chairman prescribes. Eliminates any maximum number of officers on the Joint Staff. Provides that the four-year term of a member of the Joint Staff may be extended with the approval of the Secretary of Defense. Directs the Secretary to ensure that the Joint Staff is independently organized and operated in order to provide for the unified strategic direction of the combatant forces and their operation and integration into an efficient team of land, naval, and air forces. Requires the Chairman of the Joint Chiefs of Staff to submit an evaluation to the President of any person for appointment to a grade above major general or rear admiral. Requires such evaluation to consider the performance of that officer as a member of the Joint Staff and in other assignments involving joint military experiences. Requires such evaluation to be submitted to the President at the same time as the submission of the recommendation for the appointment. Directs the Chairman or the Deputy Chairman of JCS to attend all meetings of the National Security Council and participate fully in its deliberations. Directs the Secretary of Defense, no later than six months after the enactment of this Act, to report to the Congress on plans for further changes in the administration of the military high commands of each of the armed forces. Outlines proposals to be developed in such report.
United States · United States Congress · 24 October 1985
Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 16 October 1985
Judicial Improvements Act of 1985 - Amends the judicial code to increase the amount that a judicial official has withheld from his or her salary for purposes of the Judicial Survivors' Annuities Fund. Requires funding for the fund in amounts necessary to reduce to zero the unfunded liability of such fund. Increases the amount of the annuity received by a surviving widow or widower with children. Increases the amount of the annuity received by the surviving children of a judicial official leaving no widow or widower. Revises the formula used to determine the amount of the annuity given a widow or widower of a judicial official. Makes survivors of the Deputy Director of the Administrative Office of the United States Courts eligible for annuities under such Act. Makes the benefits conferred by this Act available to any eligible individual. Permits a judicial officer who has participated in the present annuity program to withdraw, in writing, according to specified procedures. Allows such officer, if eligible, to subsequently join the judicial survivors' annuities program created by this Act. Allows a Federal district court to hear and determine cases removed from State courts even where the State court lacked original jurisdiction. Requires the Director of the Administrative Office of the United States Courts to pay all actual travel expenses for justices and judges. Requires that filing and miscellaneous fees for the U.S. District Court for the District of Columbia be collected in the same manner as other fees are collected for the other U.S. district courts. Grants the United States Courts of Appeals jurisdiction to review all rules, regulations or final orders of the Secretary of Transportation with regard to any act or transaction lawful under the Shipping Act, 1916 or any rule, regulation, or final order of the Federal Maritime Commission issued pursuant to: (1) the Shipping Act, 1916; (2) the Merchant Marine Act, 1920; (3) the Intercoastal Shipping Act, 1933; (4) the Shipping Act of 1984; and (5) the Act of November 6, 1966.
United States · United States Congress · 3 October 1985
Comprehensive Smokeless Tobacco Health Risk Education Act - Directs the Secretary of Health and Human Services to develop educational programs and materials and public service announcements on the dangers to human health from the use of smokeless tobacco and to make such programs, materials, and announcements available to States, local governments, and school systems. Permits the Secretary to make grants to States to assist in the development and distribution of educational programs, materials, and public service announcements on the dangers to human health from the use of smokeless tobacco and to establish 21 as the minimum age for purchasing smokeless tobacco. Requires specified warning labels on all smokeless tobacco products and advertisements. Directs the Federal Trade Commission (FTC) to promulgate regulations to implement this Act. Imposes a ban on smokeless tobacco advertising on any medium of electronic communication subject to the jurisdiction of the Federal Communications Commission (FCC), effective January 11, 1986. Grants district courts of the United States jurisdiction and injunctive powers to prevent and restrain violations of this Act. Directs the FTC to report to the Congress annually on the use and health effects of smokeless tobacco products. Directs the FCC to report to the Congress annually on the sales and advertising and marketing practices associated with smokeless tobacco products.
United States · United States Congress · 3 October 1985
Federal Government Easy Access Act - Requires Federal agency correspondence outside the executive branch to include the name, phone number, and mailing address of individuals to whom responses and inquiries may be made.
United States · United States Congress · 2 October 1985
Federal Science and Technology Revitalization Act of 1985 - Authorizes Federal agencies to establish alternative personnel management systems for scientific and technical employees in accordance with regulations prescribed by the Office of Personnel Management (OPM). Includes in each such system a Senior Scientific and Technical Personnel Service (comparable to the Senior Executive Service) for such employees who are specially qualified. Sets forth provisions for scientific and technical employees relating to employment authority, compensation, and retirement. Directs OPM to review and monitor agency alternative systems to ensure compliance with this Act and applicable regulations. Sets forth transition provisions for employees designated as subject to an alternative management system. Directs the Comptroller General to review and evaluate the systems established under this Act and report to the Congress and OPM within five years of its enactment.
United States · United States Congress · 1 October 1985
Social Security Budget and Administrative Reorganization Act of 1985 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a Commissioner of Social Security; (2) a Deputy Commissioner of Social Security; (3) a General Counsel; (4) an Inspector General; and (5) an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interests of beneficiaries under the Old Age, Survivors and Disability Insurance program and the Supplemental Security Income Program within the Administration. Requires the annual report of the Board to include a description of the activities of the Beneficiary Ombudsman. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan as established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board and the Director of the Office of Personnel Management to implement demonstration projects relating to personnel matters. Directs the Board and the Administrator of General Services to implement such projects relating to delegations from the Administrator. Specifies the authorities which are to be delegated to the Board from the Administrator and the Director. Requires the Comptroller General to report to specified congressional committees concerning such projects, including an evaluation of the Board's readiness to assume full and permanent authority. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Provides for the transfer to the Administration of all functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Sets forth effective date and transitional rule provisions. Title II: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs which he or she administers. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors, and Disability Insurance program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the Old-Age, Survivors and Disability Insurance program and the Medicare program and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each Trust Fund. Sets forth the effective dates of this title. Title III: Budgetary Treatment of Old-Age, Survivors, and Disability Insurance Program - Provides for off-budget treatment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund beginning with FY 1987.
United States · United States Congress · 20 September 1985
Expresses the sense of the Congress that the President, if the Government of Mexico requests such assistance, should: (1) use existing funds available to the Department of State and the Agency for International Development, including the "borrowing" authority under the Foreign Assistance Act of 1961, to provide disaster relief for the victims of the earthquake in Mexico on September 19, 1985; and (2) submit a request to the Congress for the authorization and appropriation of such additional disaster assistance as may be necessary. Declares that the Congress will give expeditious consideration to any such request for disaster assistance to Mexico.
United States · United States Congress · 1 August 1985
Amends the Federal Tort Claims Act to allow members of the armed forces serving on active duty or on full-time National Guard duty to bring claims for damages against the United States for personal injury or death arising out of medical or dental care furnished by a medical treatment facility operated by the military or the United States.
United States · United States Congress · 31 July 1985
Surface Transportation and Uniform Relocation Assistance Act of 1985 - Title I: Federal-Aid Highway Act of 1985 - Federal-Aid Highway Act of 1985 - Directs the Secretary of Transportation to: (1) apportion for FY 1987 and 1988 the sums authorized to be appropriated for such years for expenditure on the National System of Interstate and Defense Highways; (2) transmit to the Congress within ten days after January 2, 1989, a revised cost estimate for completing the Interstate System; (3) use the Federal share of congressionally approved estimates in making apportionments for FY 1991; and (4) apportion for FY 1986 and 1987 certain sums for substitute highway and urban mass transit projects. Reduces the authorized appropriations per fiscal year for highway assistance programs for FY 1986 through 1990. States that 25 percent of substitute highway project funds for FY 1987 through 1990 shall be distributed at the Secretary's discretion. Directs the Secretary to use the Federal share of certain congressionally approved substitute highway cost estimates in making apportionments for FY 1987 through 1990. Sets distribution guidelines for the apportionment of substitute transit funds for FY 1987 through 1990. Amends the Federal-Aid Highway Act of 1956 to authorize appropriations for the Interstate System through FY 1991. Sets a ceiling, with specified exceptions, for the total of all obligations for Federal-Aid Highways and highway safety construction programs for FY 1986 through 1990. Sets guidelines for redistribution by the Secretary of unused obligational authority among the States. Authorizes appropriations out of the Highway Trust Fund for FY 1986 through 1990 for: (1) the Federal-aid primary system in rural areas; (2) the Federal-aid secondary system in rural areas; (3) the Federal-aid urban system; (4) Indian reservation roads; (5) forest highways; (6) public lands highways; and (7) parkways and park highways. Requires that a minimum of ten percent of the authorized appropriations be expended with small businesses owned and controlled by socially and economically disadvantaged individuals. Revises the apportionment ratios for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System. Extends the authorization formula for Federal-aid primary systems from FY 1986 to 1990. Prohibits Federal approval of State projects on any Federal-aid system unless: (1) the State agrees to provide displaced owners with relocation assistance equal to Federal relocation assistance; (2) the displacement is authorized by State law and is in accordance with the terms of the rental agreement; and (3) the displacement is directly necessitated by such project. Requires contracts relating to State highway department construction projects upon the Federal-aid system to include a standard clause concerning site conditions which differ from those specified in the contract. Permits the use of convict labor and convict-produced materials in highway construction on Federal-aid systems: (1) if such convicts are on supervised release; or (2) if the materials are produced by convicts in a qualified prison facility, but the amount of materials produced in any 12-month period does not exceed the amount previously produced in such facility during the 12-month period ending July 1, 1985. Provides that apportioned funds not obligated within the authorized fiscal year for the Interstate System within a State shall be made available by the Secretary according to certain priorities (including high cost projects for construction of high occupancy vehicle lanes and other lanes on any highway in Los Angeles County, California, designated as part of the Interstate System). Authorizes the Secretary to make discretionary funds available to California for construction of high occupancy vehicle lanes, even if such State does not meet certain eligibility criteria. Makes funds available to Puerto Rico for construction of access and development roads on a Federal-aid system. Makes the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands eligible for emergency relief funding. Exempts tank trucks and ocean transport containers from vehicle weight and length limitations until September 1, 1988. Allows Federal participation in a State toll road which is part of the Interstate System even though the State highway department and the toll road authority have incurred an indebtedness to finance certain ineligible construction expenses for a feature recommended by a final environmental impact statement. Authorizes appropriations out of the Highway Trust Fund for FY 1986 through 1990 for highway beautification. Extends from March 9, 1984, to July 1, 1985, the deadline by which States may use certain Federal-aid highway funds for additional route designations on the Interstate System. Exempts a certain route designation in Weirton, West Virginia, from such deadline. Increases the amounts available for FY 1986 through 1990 for the discretionary bridge program. Authorizes the Secretary to approve, upon application by Arkansas, Federal assistance for construction of a highway bridge to replace ferryboat service. Limits the Federal share of such construction cost to 80 percent. Limits the amount of certain Interstate highway funds which the States may expend for purposes of transportation planning. Authorizes appropriations out of the Highway Trust Fund for Federal-aid highway purposes for FY 1986 through 1990. Directs the Secretary to establish national bridge safety inspection standards for all highway bridges. Prescribes guidelines for such standards. Directs the Secretary to establish a training program for bridge inspectors. Directs the Secretary to: (1) implement a strategic highway research program; and (2) set aside specified funds for FY 1987 through 1991 to implement such program. Changes Buy American provisions to increase from 50 percent to 85 percent the domestic content requirements for certain manufacturers of buses and other rolling stock. Makes eligible for Federal-aid highway funds the construction costs of a certain alternative interstate route in Massachusetts which provides access to an international airport. Authorizes Arkansas to use apportioned funds for the planning, design, and construction of a specified highway. Limits the amount of apportioned funds available for FY 1987 through 1989 for rehabilitation of elevated toll roads in Chicago, Illinois. Prohibits the obligation of Federal funds for: (1) route construction on the National System of Interstate and Defense Highways located mainly in a landfill placed in a river after May 1, 1985; and (2) substitute highway or transit projects which include landfill construction (exempts landfills necessary to preserve existing waterfront character and facilities). Sets guidelines for the obligation of Federal funds for alternative interstate projects. Makes certain interstate lane construction projects eligible for certain Federal-aid highway funds. Authorizes the Secretary to approve (upon the joint request of the Governor of California and the local governments concerned) a substitute transit construction project for a fixed guideway system in lieu of eligible interstate lane construction if the substitute project is in or adjacent to the proposed right-of-way for such lanes. Directs the Secretary to approve certain transfer concept plan modifications requested by the Governors of Maryland and Connecticut which include substitute highway and mass transit projects. Prescribes criteria for such approval. Exempts a certain privately-owned facility located on specified Interstate routes in Michigan from Federal prohibitions against commercial establishments on commercial rights-of-way of the Interstate System. Declares that the fair market value of any lands donated to California for the right-of-way for relocation and construction of a certain highway in Orange County shall be credited to the non-Federal share of such project costs. Authorizes the Secretary to approve construction of a certain Interstate route section in Hawaii. Releases the State of Maryland from certain road conveyance requirements under the Federal-Aid Highway Act of 1970. Authorizes appropriations for railroad-highway crossing demonstration projects for FY 1986 through 1990. Authorizes appropriations out of the Highway Trust Fund for FY 1986 for rights-of-way acquisition and railroad construction costs in the vicinity of Carbondale, Illinois. Requires the Secretary to: (1) make a grant to each State within which the Consolidated Rail Corporation operates a rail vehicle safety demonstration program over railroad-highway crossings; and (2) report to the Congress regarding such program's effectiveness in improving railroad-highway crossing safety. Authorizes appropriations for such programs for FY 1986 through 1990. Directs the Secretary to complete a gap on the Federal-aid primary system in an urban area in Passaic County, New Jersey, utilizing procedures to accelerate design and construction. Requires the Secretary to report to the Congress, not later than 180 days after the completion of such project, on its results, including specified analyses. Directs the Secretary to carry out the following demonstration projects: (1) in Brick Township, New Jersey, to demonstrate methods of improving traffic operations and reducing accidents at a high-volume rotary intersection; (2) in the vicinity of Johnstown, Pennsylvania, to demonstrate methods by which a highway construction project on the Federal-aid primary system will enhance highway safety and economic development in an area of high unemployment; (3) in the vicinity of Fort Smith, Arkansas, to demonstrate the economic growth and development benefits of widening a segment of the Federal-aid urban system connecting a community college and a large commercial center, and of improving traffic signalization on such segment; (4) in the vicinity of Moorhead, Minnesota, to demonstrate the economic and safety benefits of constructing a grade separation between a railroad line and a highway on the Federal-aid urban system; (5) in the vicinities of Fosston and Bagley, Minnesota, to demonstrate the economic and safety benefits of reconstructing two segments of a major highway on the Federal-aid primary system; (6) in Kentucky, to demonstrate methods of improving traffic flow and safety on a State highway which connects an Interstate route in the vicinity of the City of Dry Ridge with a highway on the Federal-aid primary system in the vicinity of the City of Owentown; (7) in San Bernardino County, California, in the vicinity of the Ontario International Airport, to demonstrate methods of improving highway access to an airport which is projected to incur a substantial increase in air service; (8) in Pennsylvania, to demonstrate the state of the art delineation technology by closing a gap in a multi-lane limited access road connecting the City of Altoona to the Borough of Tyrone in Blair County; (9) in Lafayette, Louisiana, to demonstrate the benefits on traffic flow and transportation of labor and materials by construction of a highway to provide limited continuous access between an Interstate route and a highway on the Federal-aid primary system; (10) in Shreveport, Louisiana, to demonstrate methods of reducing traffic congestion in the central business district, improving access to such district, providing highway continuity, and satisfying national defense requirements by connecting two Interstate routes; (11) in Miami, Florida, to demonstrate the most cost-effective method of improving interstate motor vehicle access for passengers and cargo moving to and from the port of Miami; (12) in Arkansas and Missouri, to demonstrate methods of improving highway safety and of accelerating highway construction on specified segments on the Federal-aid primary system; (13) in the vicinity of Sanford, Florida, to demonstrate methods of reducing costs and expediting construction of an interchange by contracting with a private consultant to design and construct such project; (14) in the vicinity of San Jose and Santa Clara, California, to demonstrate a unified method of reducing traffic congestion where a Federal-aid urban highway intersects with two other of such highways on a railroad crossing; (15) in the vicinity of the C&O Canal in the District of Columbia, to improve motor vehicle access at a major traffic generator without decreasing the efficiency of a Federal-aid primary highway; (16) in the vicinity of Pardee, West Virginia, to demonstrate the improvement in motor vehicle transportation of energy resources resulting from the completion of a consolidated network of modern highway; (17) in Modesto, California, to demonstrate methods by which construction of a grade separation for a railroad crossing of a primary highway enhances urban redevelopment and the effectiveness of a planned transportation center; (18) in Kalamazoo, Michigan, to demonstrate the benefits of cooperation between the private sector and the government in relieving traffic congestion caused by a railroad crossing a Federal-aid highway through construction of a highway overpass; (19) in East Milton, Massachusetts, to demonstrate the advantages of joint development and use of air rights in the construction of a deck over a depressed portion of an Interstate route; (20) in Alabama, to demonstrate methods of accelerating the widening of a high volume segment of a primary highway necessary for rapid evacuation of individuals during emergency weather conditions; (21) in the vicinity of Wilder, Kentucky, to demonstrate the economic benefits to a port facility, industrial complex, and foreign trade zone by reconstruction of a segment of an urban highway which connects an Interstate route with a port facility; (22) in Illinois, to demonstrate the safety benefits of providing additional and improved vehicular passing opportunities on, adding truck climbing lanes to, and straightening a segment of a primary highway which carries a high volume of traffic in Jo Daviess and Stephenson Counties; (23) in Allentown, Pennsylvania, to demonstrate methods of accelerating construction to eliminate a major rail-highway crossing at grade, reducing traffic delays for rail and vehicular traffic, and minimizing the impact on the surrounding urban environment; (24) in Riverside, California, to demonstrate methods of improving safety on a specified highway; (25) in Buffalo, New York, to demonstrate methods of facilitating redevelopment of a waterfront area by construction of a connector off a primary highway; (26) in Cleveland, Ohio, to demonstrate the relationship between infrastructure improvement and economic vitality; (27) in Lauderdale and Colbert Counties, Alabama, to demonstrate methods of improving highway transportation and enhancing economic development through construction of a bridge to cross the Tennessee River; (28) in the vicinity of Huron, Ohio, to demonstrate methods of enhancing highway safety and economic development in an area of high unemployment through construction of a bypass segment to provide access to an amusement park; (29) in Chicago, Illinois, to demonstrate the cost savings to be obtained by converting a fixed-span bridge to a movable bridge; (30) in Harney County, Oregon, to demonstrate methods of protecting roadways against damage and destruction due to wave erosion; (31) in Wayne County, Michigan, to demonstrate the benefits of enhancing safety and improving economic vitality of a depressed area; (32) in Cook County, Illinois, to demonstrate the benefits from specified highway reconstruction; (33) in Erie County, New York, to demonstrate methods of enhancing safety and reducing traffic congestion by relocating an interstate route terminus; (34) in the vicinity of Mount Vernon, Kentucky, to demonstrate methods of improving highway safety and traffic flow and access to a national river and recreation area; (35) in Pine City, Minnesota, to demonstrate methods of improving highway safety and traffic flow by constructing an interchange between certain highways; (36) in Paso Robles, California, to demonstrate methods of improving highway safety and traffic flow and enhancing economic development through the construction of a two-lane bridge spanning the Salinas River, a highway, and a railroad line; (37) in Columbus, Ohio, to demonstrate methods of relieving traffic congestion through reconstruction of highway portions in an interstate route connecting Columbia with its airport; (38) in Suffolk County, New York, to demonstrate construction techniques to accelerate upgrading an existing highway to freeway standards with minimum traffic disruption; (39) in the vicinity of Southington, Connecticut, to demonstrate the latest construction techniques in reconstructing a segment of urban highway, and in the vicinity of Kent Center, to demonstrate methods of solving safety and flooding problems on a primary highway; (40) in Dover, New Jersey, to demonstrate traffic congestion reduction methods on an existing bridge and facilitating the redevelopment of the central business district; (41) in Los Angeles County, California, to demonstrate methods of improving vehicular circulation related to intermodal transportation or port-related traffic and alleviating congestion caused by increased port activities; (42) in the vicinity of the Greater Pittsburgh International Airport to demonstrate methods of improving economic development and airport terminal placement; (43) in Steuben County, New York, to demonstrate how the economy of an industrialized high unemployment area can be improved by completing key elements of a controlled highway which serves such area; (44) in Santa Rosa and Petaluma, California, to demonstrate how traffic congestion can be relieved by reconstructing a certain arterial which connects the two cities; (45) in the vicinity of Tampa, Florida, to demonstrate motor vehicle congestion relief measures and improve motor vehicle access between rapidly growing urban areas; (46) in Savannah, Georgia, to demonstrate how replacing an obsolete bridge with a modern highway-level structure will improve vehicular and waterborne traffic flow; (47) in New Sewickly, Pennsylvania, to demonstrate methods of accommodating increasing truck traffic and improving highway safety; (48) in the vicinity of Croyle Township, Pennsylvania, to demonstrate methods of improving public access to a flood memorial; (49) in Orange, Texas, to demonstrate how rail line consolidation will reduce motor vehicle traffic congestion and increase jobs in a high unemployment area; (50) in Baton Rouge and East Baton Rouge, Louisiana, to demonstrate traffic congestion alleviation methods; (51) in Minden, Louisiana, to demonstrate enhanced economic development by providing Minden with alternative highway access to the Interstate System; (52) in the area of Brunswick-Topsham, Maine, to demonstrate increased access to defense related facilities by the construction of a limited access highway connecting a major interstate highway corridor with a naval air station and a shipyard engaged in defense production activities; (53) in Isle of Palms, South Carolina, to demonstrate increased accessibility to a sea island by construction of a high-level fixed span bridge over a high-volume intracoastal waterway segment; (54) in Clarksville, Tennessee, to demonstrate highway safety improvement methods by providing direct access from the Fort Campbell Military Reservation; (55) between Clarinda and Shenandoah, Iowa, to demonstrate how highway rehabilitation in an economically depressed rural area will increase economic activity; (56) in the vicinity of Oceanside and Escondido, California, to demonstrate methods of reducing traffic congestion by expanding an interstate route connection; (57) in St. Charles County, Missouri, to demonstrate methods of alleviating commuter traffic congestion by construction of a bypass highway; (58) in Hammond, Indiana, to relocate railroad lines in order to eliminate railroad-highway grade crossings; (59) in Shawnee, Oklahoma, to demonstrate small community air service improvement by extending a runway over a depressed road; (60) between Concord and West Pittsburg, California, to demonstrate improved highway safety through highway modification; (61) in Georgia, to demonstrate improved highway safety by reconstructing as a six-lane controlled access freeway a certain highway segment between a specified State route and Interstate routes; (62) in Pike County, Kentucky, to demonstrate highway safety improvement in a mountainous area; (63) in Madison County, Illinois, to demonstrate the economic benefits of reconstructing a road segment serving a high-growth industrial area; and (64) in Erwin, Tennessee, to extend a certain highway on the Appalachian development system for transportation improvement purposes. Directs the Secretary to submit status reports to the Congress regarding the highway demonstration projects. Authorizes appropriations for such demonstration projects for FY 1986 through 1990. Authorizes the Secretary to implement highway projects on the Federal-aid system in Wheeling, West Virginia, at full Federal expense, upon the request of local officials. Authorizes appropriations for such projects from sums appropriated to implement a certain railroad-highway demonstration project. Amends the Federal-Aid Highway Act of 1978 to direct the Secretary to implement specified state-of-the-art bridge construction technology projects in Ohio. Requires the Secretary to report to the Congress regarding such projects. Authorizes the Secretary to prepare an environmental impact statement regarding additional highway capacity in Staten Island, New York. Authorizes appropriations. Designates a certain portion of an Oklahoma State Route which lies on the Federal-aid primary system as United States Highway 377. Designates a certain bridge crossing the Mississippi River near Le Claire, Iowa, as the Fred Schwengel Bridge. Directs the Secretary to conduct feasibility studies and report to the Congress regarding: (1) highway expenditures, revenues and relative needs; (2) highway apportionment and allocation formulas; (3) enforcement of vehicle weight limitation on bridges; (4) highway bridges which cross rail lines; (5) improvement of the Theodore Roosevelt Bridge connecting the District of Columbia and Virginia; (6) flood prevention methods on an Interstate route between Galveston and Houston, Texas; (7) constructing a highway between Aurora-Hoyt Lakes and Silver Bay, Minnesota; (8) the cost-effectiveness of upgrading a certain highway between Pennsylvania and New York State; (9) State bridge management programs; (10) establishing minimum Federal guidelines for maintenance of the Federal-aid primary, secondary and urban systems; (11) a proposed highway from Shreveport, Louisiana, to Texarkana, Fort Smith, and Fayetteville, Arkansas, and Carthage and Kansas City, Missouri; (12) a highway connecting Santa Fe, New Mexico, and the Los Alamos National Laboratory. Authorizes appropriations. Requires the Secretary to make a grant to the California Department of Transportation to determine the feasibility of using a highway electrification system as an energy source for highway vehicles. Authorizes appropriations. Title II: Highway Safety Act of 1985 - Highway Safety Act of 1985 - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1986-1990 for the following programs: (1) bridge replacement and rehabilitation; (2) hazard elimination; (3) highway safety research and development under the auspices of the National Highway Traffic Safety Administration and the Federal Highway Administration. Authorizes appropriations for highway safety programs for: (1) FY 1988 through 1990 implemented by the National Highway Traffic Safety Administration (NHTSA); and (2) FY 1987-1990 implemented by the Federal Highway Administration (FHWA). Amends the Surface Transportation Assistance Act of 1982 to authorize appropriations for FY 1987 for highway safety programs implemented by the NHTSA. Sets forth minimum amount of authorized funds which must be obligated for enforcement of the national speed limit and for safety belt programs. Sets an obligation ceiling for highway safety programs for FY 1986 through 1990. Amends the Surface Transportation Assistance Act of 1982 to authorize appropriations for FY 1984 through 1990 to make grants to the States for enforcement of commercial motor vehicle safety standards. Sets forth a weighted compliance formula to be used by the Secretary in determining a State's apportionment of Federal-aid highway funds based upon State enforcement of the national speed limit. Amends the penalty for a State's non-compliance with the national minimum drinking age laws to require the Secretary to withhold certain apportioned amounts from such State on the first of each fiscal year after the second fiscal year beginning after September 30, 1985, in which purchase or public possession of alcoholic beverages by a person under 21 years of age is lawful. Sets forth guidelines under which withheld funds shall be available subject to State compliance. Revises the State eligibility criteria under which the States may receive alcohol traffic safety program grants. Declares that State reports regarding certain hazard elimination programs and rail-highway crossings are inadmissible evidence in any action for damages arising out of matters referred to in such reports. Revises the definition of "highway safety improvement project" to include a project which installs emergency motorist-aid call boxes. Amends the Highway Safety Act of 1973 to authorize appropriations for FY 1985 through 1990. Amends the National Driver Register Act of 1982 to extend the deadline by which the Secretary is required to: (1) promulgate final rules regarding establishment of the National Driver Register; and (2) begin a pilot test program for an electronic information retrieval system regarding individual motor vehicle driving records; and (3) report to the Congress regarding the Register. Amends the Highway Safety Act of 1978 to prohibit the obligation of certain authorized funds for any education or information program conducted in connection with the implementation of Federal Motor Vehicle Safety Standard 208. Directs the Secretary to conduct a comprehensive investigation of railroad-highway crossing needs (in consultation with specified groups) and to report to the Congress regarding such investigation. Directs the Secretary to: (1) arrange with the National Academy of Sciences to conduct a study of problems facing older drivers; and (2) request the Academy to report to the Secretary and the Congress regarding such study. Title III: Federal Mass Transportation Act of 1985 - Federal Mass Transportation Act of 1985 - Amends the Urban Mass Transportation Act of 1964 to replace the letters of intent procedure with provisions which authorize the Secretary to enter into multi-year contracts for the construction of mass transportation facilities. Requires the Secretary, starting January 1986, to annually submit to the appropriate congressional committees: (1) a proposal on the total amount of funding needed to finance grants and loans for bus and bus-related activities, rail modernization, and the construction and extension of fixed guideway systems; and (2) a proposal on the allocation of such funds to finance grants and loans for rail modernization and fixed guideway construction and extension projects. Makes such proposals effective upon approval by law. Sets forth the circumstances under which the Secretary is authorized to approve advance construction for certain mass transportation projects. Prohibits the issuance of funds for new fixed guideway systems or extensions unless such projects are determined to be: (1) based on the results of alternatives analysis and preliminary engineering; (2) cost-effective; and (3) supported by local financial commitment. States that any public body which receives Federal financial assistance for mass transportation may not displace a structure from the mass transportation system property for which such public body receives rent from a private owner unless: (1) such displacement is necessary; (2) the owner receives relocation assistance in a certain amount; or (3) such displacement is authorized by State statute and is in accordance with the terms of the rental agreement. Sets a limit upon the amount of funds which the Secretary may use to enter into a construction management oversight contract. Authorizes appropriations for FY 1982 through 1990 for public transportation projects substituted for withdrawn Interstate segments. Authorizes certain funds apportioned for expenditure in an urbanized area with a population of less than 200,000 to be expended in an urbanized area with a population of more than 200,000. Permits certain grant recipients to continue the preferential fare collection system for elderly and handicapped persons in lieu of the collection of half-fares for such persons. Permits block grants to be made to implement an urban mass transportation program of projects in whole or in part. Excludes certain advertising and concession revenues from consideration as a revenue source for purposes of the Federal block grant program for urban mass transportation. Requires Federal block grant recipients to submit an annual report to the Secretary regarding revenues derived from the sale of advertising and concessions relating to the operation of a public mass transportation system. Revises the limitations placed upon the use of certain apportioned funds by small urbanized areas for operating assistance. Extends from 1984 to 1990 the authority for (block grant) recipients to transfer capital assistance for operating assistance. Limits the use of discretionary amounts resulting from such transfer to the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities. Prohibits certain grant recipients after FY 1985 from making such transfers except for emergency repairs or pursuant to predated authority. Sets a deadline by which funds appropriated for the block grant program must be apportioned. Directs the Secretary to make grants to nonprofit institutions of higher learning to establish and operate one regional transportation center in each of the ten Federal regions. Sets forth criteria to be met by grant recipients. Establishes in the Department of Transportation a national advisory council to: (1) coordinate the research and training to be carried out by grant recipients; (2) disseminate the results of such research; (3) act as a clearinghouse between such centers and the transportation industry; and (4) review and evaluate programs carried out by such centers. Authorizes appropriations for such centers for FY 1986 through 1990. Makes eligible for construction assistance: (1) any bus remanufacturing project which extends the economic life of a bus eight years or more; and (2) any project for the overhaul of rolling stock, whether or not such overhaul increases the useful life of the rolling stock. Lowers the expense threshold for associated capital maintenance items which are eligible for certain mass transportation block grants. Makes the Federal grant for any mass transportation construction project 80 percent of the net project cost. Directs the Secretary to issue regulations requiring a prebid and postdelivery audit regarding any grant under this Act for the purchase of buses. Authorizes appropriations for FY 1986 through 1990 for block grants and for a formula grant program for areas other than urbanized areas. Authorizes appropriations out of the Mass Transit Account of the Highway Trust Fund for FY 1986 through 1990 for specified activities, and authorizes appropriations for certain projects for FY 1985 through 1990. Requires the Secretary to: (1) enter into a multi-year contract with the Southern California Rapid Transit District to complete a specified segment of a certain Los Angeles Metro Rail Project; and (2) make a grant to an eligible local public body to conduct an electric trolley bus line feasibility study using a certain bus technology being developed in California. Directs the Secretary to develop a comprehensive mass transportation plan for the Virgin Islands and report to the Congress on it within one year of enactment of this Act. Prescribes guidelines under which the Interstate Commerce Commission shall issue bus carrier certificates to recipients of governmental assistance. Subjects the issuance of intrastate passenger transportation certificates to the condition that any intrastate transportation service be provided only as part of a regularly scheduled interstate transportation service on the route. Title IV: Uniform Relocation Act Amendments of 1985 - Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to revise various definitions for purposes of such Act. Permits a Federal agency to discharge its responsibilities by accepting the certification by a State agency that it will implement State law to carry out the Federal relocation assistance program, provided that the lead agency determines that such State law will accomplish the purpose and effect of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Requires the head of such agency, prior to accepting certification, to provide interested parties with an opportunity for public review and comment, and to consult with interested local governments. Directs the head of the lead agency to monitor and report biennially to the Congress on State agency implementation of such certification. Permits an agency to withdraw acceptance of a certification after providing the State government with notice. Permits a Federal agency to withhold approval of any grant, contract, or cooperative agreement with any displacing agency found to have failed to comply with certification or State law. Requires the payment to displaced persons of actual expenses, not exceeding $10,000, necessary to reestablish a displaced small business, nonprofit organization, or displaced farm at its new site. Removes the limitation on the moving expense allowance and the fixed amount of the dislocation allowance that a person displaced from a dwelling may elect to receive in lieu of itemized expenses. Declares that such allowances shall be determined according to a schedule established by the head of a lead agency. Increases the maximum and decreases the minimum limitations on the payment a person displaced from a business or farm operation may elect to receive in lieu of itemized deductions. Declares that such amount shall be determined according to criteria established by the lead agency. (Currently, such amount is based on the annual earnings of the farm or business.) Increases the maximum amount of assistance that a displacing agency may provide to a displaced homeowner for replacement housing. Requires such assistance to include an amount necessary to: (1) meet the reasonable cost of a comparable replacement dwelling as defined in this Act; and (2) compensate the displaced person for any increased financing costs. Authorizes a displacing agency to extend the one-year period, following payment for an acquired home, during which the displaced person must purchase and occupy a replacement dwelling in order to qualify for housing replacement payments, but limits such payments to the costs of relocating such person within that one-year period. Increases the ceiling (currently $4,000) on the amount of rental housing replacement assistance provided to displaced tenants to $6,000. Permits eligible displaced tenants to apply such rental assistance toward the downpayment on a decent, safe, and sanitary replacement dwelling. Declares that displaced homeowners who meet the residency requirement for rental housing replacement assistance but not for homeowner's housing replacement assistance may qualify for rental assistance, at the discretion of the lead agency. Requires that all relocation assistance advisory programs: (1) provide information on suitable locations for displaced farming (and business) operations; and (2) assure that no person is required to move before being given a reasonable choice of comparable replacement dwellings. Provides for the designation of a single, cognizant Federal agency to establish procedures to be used by a non-Federal displacing agency to implement related activities funded by two or more Federal agencies. Authorizes advisory services to certain renters in properties acquired by a displacing agency. Directs the lead agency to require that provisions authorizing a displacing agency to use project funds to provide dwellings for displaced persons, if the project would be delayed because suitable replacement housing is not otherwise available, be used to exceed housing replacement assistance ceilings only on a case-by-case basis and for good cause. Provides that any payment a displaced person receives under State law shall replace a housing replacement or real property acquisition payment for substantially the same purpose under the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Requires the head of the lead agency to: (1) promulgate rules to carry out such Act; (2) coordinate relocation assistance activities with Federal and federally-financed low-income housing programs; (3) monitor the implementation of such Act; and (4) perform such other duties as necessary. Declares low-income housing assistance as income for purposes of determining eligibility for assistance under the Social Security Act or any other Federal law. Requires a State agency to pay the United States all net amounts (currently all amounts) received from the sale of surplus Federal property transferred to the agency for the purpose of providing replacement housing. Repeals the authority of any displacing agency to make loans to various organizations for planning and obtaining federally-insured mortgage financing for housing for displaced persons. Authorizes the lead agency to prescribe a procedure under which Federal agencies may acquire real property without having it appraised. Permits a displaced person to donate the real property being acquired or any of the compensation paid for such property to the acquiring agency. Sets forth effective dates of specified provisions of this Act.
United States · United States Congress · 26 July 1985
Amends the Internal Revenue Code to provide that the amount of a qualified artistic charitable contribution shall be the fair market value of the property contributed (determined at the time of such contribution). Defines "qualified artistic charitable contribution" as the contribution of any literary, music, artistic, or scholarly composition, any letter or memorandum, or similar property, but only if: (1) such property was created by the personal efforts of the taxpayer making such contribution no less than one year prior to such contribution; (2) there is a written appraisal of the fair market value of the property included with the tax return; and (3) the use of such property by the donee is related to the purpose or function constituting the basis for the donee's tax exemption. Limits the amount of the qualified artistic charitable contributions for any taxable year to the artistic adjusted gross income for the taxpayer for such taxable year. Defines "artistic adjusted gross income." Prohibits public officials from taking a deduction for donation of their papers if the papers were produced while the officials were officers or employees of the United States or any State, or if the papers were created out of the performance of any duties as officers or employees of the government. Provides that alternative tax itemized deductions shall be determined without regard to the deduction for qualified artistic charitable contributions.
United States · United States Congress · 18 July 1985
Authorizes the President, on behalf of the Congress, to present a gold medal to Aaron Copland in recognition of his contributions to American musical composition. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 18 July 1985
Trade Emergency and Export Promotion Act - Declares that actions by the President, the International Trade Commission (ITC), the Secretary of the Treasury, the Secretary of Agriculture, and the U.S. Trade Representative (USTR) pursuant to this Act shall not be reviewable by any court, except for abuse of discretion. Title I: International Trade Actions and Agreements - Declares that a national emergency exists because of distortions and imbalances in trade and instability in exchange rates and that such emergency requires extraordinary measures, including action to: (1) restore the value of the dollar; and (2) either eliminate foreign unfair trade barriers or prohibit countries which employ such barriers from enjoying trade surpluses with the United States or increasing shares of world export markets. Authorizes the President to negotiate and enter into with any foreign country or entity agreements limiting the export from such country or entity, and the importation into the United States, of any article. Directs the USTR to initiate proceedings against Japan before appropriate international bodies in order to obtain authorization to take trade actions against Japan on the grounds that: (1) Japan has failed to comply with trade agreements entered into with the United States; and (2) Japan has adopted numerous domestic policies and practices that impair and violate such trade agreements and impede achievement of their objectives. Directs the USTR, with the cooperation of the Secretary of Agriculture, to initiate actions under all international trade agreements to which the United States is a party in order to take appropriate countermeasures against agricultural export subsidies provided by the European Communities and other countries which will be used to prevent: (1) injury to U.S. agricultural producers; (2) nullification or impairment of such trade agreements; and (3) serious prejudice to the United States. Authorizes the USTR to initiate actions against each foreign country (except Japan and the European Communities) or entity that was an excess worldwide trade surplus country or an excess bilateral trade surplus country for 1984 under all applicable U.S. laws and international agreements in order to: (1) enforce the rights of the United States under such international agreements; and (2) obtain the elimination of certain trade acts, policies, and practices of such countries or entities. Directs the USTR to explain in proceedings initiated under this title that the United States finds it necessary to take the actions provided in title II of this Act as interim measures pending the outcome of such proceedings in order to protect vital U.S. interests. Directs the Secretary of the Treasury to develop a plan to reduce fluctuations between currencies on foreign currency exchange markets. Sets forth characteristics of such plan. Title II: Interim Domestic Trade Actions to Respond to the Trade Emergency - Subtitle A: Stand-by Duties - Directs the ITC to determine annually each major exporting country's: (1) worldwide nonpetroleum export percentage; (2) bilateral nonpetroleum export percentage; (3) worldwide nonpetroleum trade surplus; (4) bilateral nonpetroleum trade surplus; (5) worldwide trade surplus limitation; and (6) bilateral trade surplus limitation. Requires the ITC to report annually to the President on: (1) the determinations on the trade of such major exporting countries; (2) the identity of each foreign country which was an excess worldwide trade surplus country or excess bilateral trade surplus country during the preceding year; and (3) whether or not standby duties should be imposed on imports from such countries. Requires the President, within 15 days of receiving such report to determine, with respect to each country identified as an excess worldwide trade surplus country or excess bilateral trade surplus country: (1) whether such country unfairly restricts or limits the access of imports to its markets; and (2) if the President determines that such country does restrict access to its markets, whether such restriction contributes to that country's trade surplus. Requires the President, if both such determinations are positive, to impose stand-by duties on all imports from such countries. Prohibits making such determinations or imposing such duties if the U.S. trade deficit divided by the U.S. gross national product is less than one and one-half percent. Requires the President to report to the Congress, within 15 days of receiving the reports on worldwide and bilateral trade, on the determinations made with respect to imposing stand-by duties. Declares that the rate of a stand-by duty shall be 25 percent ad valorem and that such duty shall be in addition to any other duties. Provides for the implementation of such duties. Requires all revenues from such stand-by duties to be allocated to the Public Debt Reduction Account in the Treasury. Expresses the sense of the Congress that all funds in such Account be used only to reduce the Federal debt. Directs the Secretary of the Treasury to report annually to the Congress on the revenue derived from such stand-by duties. Prohibits imposing stand-by duties on articles imported after April 30, 1992. Prohibits requiring reports and determinations on trade surpluses after April 1991. Subtitle B: Reports - Directs the President to report annually to specified congressional committees on the operation of this Act. Title III: Trade Law Reform - Amends the Trade Act of 1974 to transfer to the USTR from the President the authority to order import relief and the authority to extend tariff preferences. Amends the Tariff Act of 1930 to transfer to the USTR from the President the authority to approve or disapprove ITC actions to prevent unfair practices in import trade.
United States · United States Congress · 18 July 1985
American Passbook Savings Act of 1985 - Amends the Internal Revenue Code to exclude from gross income up to $5,000 ($10,000 in the case of a joint return) of interest earned on a savings account maintained in a bank, savings and loan, or similar institution.
United States · United States Congress · 10 July 1985
Prohibits the importation of certain species of kangaroos and kangaroo products (currently allowed to be imported under an administrative exception to the Endangered Species Act of 1973 if in accordance with the management plans of Australian states).
United States · United States Congress · 10 July 1985
Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to allow a civil action to be brought by a plaintiff only when the private suit rests on an injury caused by conduct that led to the defendant's conviction of one of the predicate offenses listed in the statute or of a criminal violation of RICO itself. Requires the plaintiff to bring such action within one year of the defendant's conviction.
United States · United States Congress · 10 July 1985
Comprehensive Smokeless Tobacco Education Act - Requires specified warning labels on all smokeless tobacco products and advertisements. Declares that the failure to comply with provisions of this Act shall be in violation of the Federal Trade Commission Act. Grants district courts of the United States jurisdiction and injunctive powers to prevent and restrain violations of this Act. Directs the Federal Trade Commission to promulgate regulations to implement this Act. Directs the Federal Trade Commission to report to the Congress annually on the use and health effects of smokeless tobacco products.
United States · United States Congress · 10 July 1985
Urges the President to begin talks with the Soviet Union aimed at creating a jointly administered U.S.-Soviet student exchange program. Sets forth certain aspects of such exchange program.
United States · United States Congress · 26 June 1985
National Wildflower Landscaping Act of 1985 - Directs the Secretary of Transportation to approve the planting of native wildflowers for landscaping and scenic enhancement of Federal-aid highways.
United States · United States Congress · 25 June 1985
Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to enter into an agreement with any physician owing a past-due obligation because of a breach of contract by the physician under the National Health Service Corps Scholarship program. Requires the agreement to provide that: (1) deductions will be made from amounts owed the physician under the Medicare or Medicaid (title XIX of the Act) program until the past-due obligation has been repaid; (2) Medicare payments for services provided by such physician shall only be made on the basis of an assignment; and (3) if the physician does not provide services for which payment may be made under Medicare or Medicaid or if the physician breaches any provision of the agreement then the Attorney General shall sue the physician to recover the amount owed and the physician shall be barred from Medicare and Medicaid participation until the obligation has been repaid. Prohibits barring a physician if such physician is the sole community physician. Requires a State's Medicaid program to make such deductions from amounts otherwise payable. Provides, under the Public Health Service Act, for the collection of such past-due amounts through Medicare and Medicaid deductions.
United States · United States Congress · 20 June 1985
Superfund Amendments of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)(Superfund) to direct the Administrator of the Environmental Protection Agency (EPA) to establish reportable quantities for all hazardous substances by December 31, 1986. Directs the Administrator to give primary attention to releases which may present a threat to public health. Confirms the President's discretion to decide when responsible parties are authorized to conduct cleanup actions in lieu of Superfund-financed responses. Requires short-term removal actions undertaken by the Administrator to contribute to the highest degree possible to the efficient performance of any long-term action. Increases the maximum time and funding limit on short-term response actions when appropriate. Limits the 50 percent State cleanup obligation to those facilities which are both owned and operated by the State. Credits States with expenditures made at National Priorities List (NPL) sites on cost-eligible response actions. Revises other State cost-sharing measures. Treats long-term cleanup of groundwater, surface water, or soil contamination as part of the costs of remedial action. Grants EPA employees or contractors the necessary access to facilities and information to determine if the need for a response action exists. Prescribes a cleanup schedule for Superfund, requiring an evaluation within three years of sites on the Emergency Response and Remedial Investigation System (ERRIS) list for possible inclusion on the NPL. Sets a schedule for the conduct of remedial investigations and feasibility studies (RIFS) for NPL sites, requiring the commencement of remedial action at a minimum of 90 percent of such facilities within one year of the RIFS' completion. Directs the Administrator to revise the National Contingency Plan (NCP) within 18 months to reflect this Act's amendments. Requires the review of the hazard ranking system within one year. Permits individuals to petition the Administrator for a preliminary hazard assessment at a site. Includes contamination of the ambient air as a criterion for ranking a hazard. Eliminates the requirement that the NPL contain at least 400 sites. Prohibits the Administrator from taking abatement action against any release resulting from an applied pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act. Includes all vessels releasing hazardous substances within the jurisdiction of the United States under the liability provisions of CERCLA. Makes certain investigatory and assessment costs recoverable from the responsible party. Exempts from liability for all but negligence actions of government agencies responding to a hazardous substance emergency. Directs the Administrator and each Governor to appoint Federal and State trustees, respectively, for natural resources, creating a rebuttable presumption that their assessment of damages to such resources is valid. States that cleanup costs incurred in a response action constitute a Federal lien against the property of a responsible party. Sets forth evidentiary requirements for establishing financial responsibility. Permits direct action against a financial guarantor if the person liable is financially or physically unavailable for redress. Entitles such a guarantor to all rights and defenses available to the liable party. Limits the liability of such guarantor to its financial responsibility to the responsible party. Increases criminal penalties and adds certain civil penalties for violations of this Act, including failure to provide accurate information at specified times. Establishes a total fund level of $1,750,000,000 for each of five years, through FY 1990. Authorizes the use of Superfund monies for the authorities created by this Act. Eliminates the use of Superfund for payment of natural resource damage claims. Revises auditing procedures to require annual audits and reports to the Congress by the Inspector General. Authorizes appropriations for Superfund for FY 1986 through 1990. Establishes a six-year statute of limitations for Superfund claims, setting forth special rules for minors and incompetents. Authorizes nationwide service of process under CERCLA. Establishes a three-year statute of limitations for the initiation of actions for contribution for response costs of damages and for recovery claims for damages to natural resources. Establishes a six-year statute of limitations for cost recovery actions. Authorizes a State to require contributions to a fund to pay the costs of hazardous substance response actions or damages. Establishes within the Public Health Service the Agency for Toxic Substances and Disease Registry (ATSDR), headed by an Administrator. Requires ATSDR to implement the health-related authorities of this Act. Directs such Administrator to establish and maintain a listing of areas closed to the public or otherwise restricted in use because of contamination by hazardous substances or pollutants or contaminants. Directs the Administrator of EPA to list and periodically revise a list of hazardous substances or pollutants or contaminants which pose the most significant potential threat to human health. Directs the Administrator of ATSDR to establish and maintain an inventory of information on the health effects of each listed substance. Requires such Administrator to also develop toxicological profiles for each such substance, assessing the current state of knowledge of their deleterious effects, and revising such profiles at least every three years. Requires the Administrator to initiate research where inadequate information is available on a substance. Requires Federal coordination of research efforts. Requires the Administrator of ATSDR to perform a health assessment for each NPL facility where a significant possibility exists that a human population has been exposed to hazardous substances existing at such facility and a significant threat of adverse health effects exists. Bases the selection of such facilities on criteria developed by the Administrator of EPA. Permits the Administrator of ATSDR to conduct health assessments at other facilities as well. Authorizes individuals to petition the Administrator of EPA for a health assessment of a site where evidence of human exposure to hazardous substances exists. Requires the completion of health assessments before the completion of remedial investigation and feasibility studies (RIFS) whenever possible. Grants priority to those sites where the potential risk to human health appears highest. Requires State or local officials conducting a health assessment to report the results and recommendations to the Administrators. Requires the Administrator of ATSDR to provide the affected State and the Administrator of EPA with the results and recommendations of any ATSDR assessment. Includes the costs of an assessment among recoverable cleanup costs whenever such assessment reveals human exposure to a hazardous substance, pollutant, or contaminant. Directs the Administrator of ATSDR to conduct a pilot study of health effects of exposure whenever justified by an assessment to determine if full scale epidemiological studies are appropriate. Requires the Administrator to establish a registry of exposed persons if appropriate. Directs the Administrator to initiate a health surveillance program for an exposed population if justified by an epidemiological study or exposure registry. Requires the Administrator to report biennially to the Administrator of EPA on ATSDR's activities under this Act. Directs the Administrator of EPA to abate significant risks to the human population through exposure by providing alternate household water or relocation of individuals. Requires peer review of all ATSDR studies and research. Requires the Administrator of ATSDR to provide States and health professionals with educational materials on exposure-related issues. Requires the Administrator of EPA to provide a reasonable opportunity for public comment on any proposed plan for remedial action before it is implemented. Requires the Administrator to publish an explanation of any divergences from such plan or public comments. Authorizes the Administrator to make assistance available to affected individuals to help them evaluate and assess technical information and data. Prohibits the Administrator from taking a response action to certain types of releases unless such releases constitute a public health or environmental emergency. Prohibits response to releases: (1) of naturally occurring substances; (2) of building products; (3) into drinking water supply systems due to ordinary deterioration; and (4) from coal mining sites. Grants highest cleanup priority to releases which have contaminated or closed a sole or principal drinking water source. Requires the consideration of certain factors when adopting offsite remedies, including the long-term risks and uncertainties of land disposal. Exempts response-action contractors from liability for nonnegligent cleanup activities if they would not otherwise have been liable. Includes Federal facilities under CERCLA as if they were private facilities, except for certain financial responsibility and time period provisions. Requires the Administrator to establish a Federal Agency Hazardous Waste Compliance Docket for each Federal agency and department which will include information on off-site contamination and monitoring data, and releases of reportable quantities of hazardous substances. Requires that such information be made available to the public. Requires the Administrator to evaluate certain Federal facilities by January 31, 1987, for placement on the NPL, using National Contingency Plan (NCP) criteria. Requires the commencement of a RIFS within six months of a Federal site's placement on the NPL. Directs the Administrator to review the RIFS and enter into interagency agreements for cleanup when necessary, allowing for public participation. Requires each agency to report annually to the Congress on its implementation progress. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored. Requires the Administrator to select appropriate cost-effective remedial actions in accordance with the NCP. Requires remedial actions selected to provide sufficient control or amelioration of the hazardous substance so as to protect human health and the environment. Requires such measures to take into account the long-term effectiveness of the solution and the alternative technologies available to the maximum extent possible. Requires a standard of control at least as strict as that provided by any other applicable Federal environmental law such as the Safe Drinking Water Act. Requires onsite disposal to be in compliance with the relevant provisions of the Solid Waste Disposal Act. Authorizes the Administrator to enter into agreements whereby the releasor or any potentially responsible person conducts the remedial response. Permits the Administrator to fund part of such response. Limits the liability of the cleaning up party to that specified in the agreement. Permits the Administrator to take action against any person not a party to such agreement. Enters such agreements in the appropriate U.S. district court as consent agreements, enforceable as such. Directs the Administrator to notify potentially responsible parties of each other's identities and of the seriousness of the necessary cleanup, providing a moratorium on the commencement of remedial action for a specified period after such notice has been given. Grants notified persons an opportunity to submit a proposal to the Administrator for the undertaking or financing of remedial action. Permits the Administrator to commence remedial action if no good faith proposal is forthcoming within a specified period. Authorizes the Administrator to proceed on remedial actions where a significant public health threat exists, regardless of the status of negotiations. Authorizes the Administrator to agree to refrain from pursing any future liability of a person if an approved response action would be expedited and the person is in full compliance with the consent decree. Permits such an agreement only in the public interest after an evaluation of the effectiveness of the remedy and the nature of the remaining risks. Places premiums from such agreements into a contingency fund for future remedial actions at other facilities. Permits the Administrator to settle with persons whose share of response costs is not substantial. Title II: Miscellaneous Provisions - Terminates the Post-Closure Liability Fund's responsibility to fund the cleanup of already closed sites where hazardous waste was stored in compliance with the Solid Waste Disposal Act. Requires the promulgation of natural resource assessment damage claims regulations within six months of this Act's enactment. Requires the Department of Transportation to promulgate regulations requiring shippers to notify transporters whenever hazardous substances are offered for transportation. Establishes a federally-required commencement date for the running of State statutes of limitations for injury or damages caused by exposure to a hazardous substance, pollutant, or contaminant. Makes such date the time a plaintiff should reasonably have known exposure to such a substance caused or contributed to a personal injury. Renames the Hazardous Substance Response Trust Fund the Hazardous Substances Superfund. Amends the Solid Waste Disposal Act to authorize the Administrator to provide for the cleanup of leaking underground storage tanks. Requires the Administrator to use funds in the Petroleum Release Response Account of Superfund for such purposes, but holds the owners and operators of such tanks strictly liable for such costs. Authorizes State implementation of such authority under specified conditions, authorizing the Administrator to make grants to such States for such purpose. Establishes the Petroleum Release Response Account within Superfund out of specified funds. Authorizes citizen suits against violators of this Act, including the Administrator and other government officials who have failed to perform nondiscretionary duties. Permits citizen suits against nongovernment officials in the Federal district court in which the violation occurred. Permits citizen suits against any Federal official only in U.S. District Court for the District of Columbia. Empowers such courts to impose civil penalties and to order the performance of required acts. Requires plaintiffs to give notice to the Administrator, the alleged violator, and the State in which the violation occurred before commencing proceedings. Prohibits citizen suits where the Administrator has commenced and is pursuing an enforcement action. Permits the awarding of court costs to the substantially prevailing party. States that the United States may intervene as a matter of right in all citizen suits in which it is not otherwise a party. Requires the Federal Government to provide the assurances that it will pay a share of the remedial action and maintenance costs of a cleanup on Indian lands that is otherwise required to be made by a State. Authorizes Indian tribes to recover damages for injury to natural resources from hazardous substance releases, except as specified. Includes Indian tribes on the same basis as States under certain provisions of CERCLA. Requires the Administrator to commence a study on the adverse effects of drilling fluids, produced waters, and other wastes associated with the production of crude oil or natural gas on human health and the environment within six months of this Act's enactment. Title III: Community Right to Know and Emergency Planning - Requires owners and operators of facilities which produce, use, or store hazardous chemicals to file with local and State officials and periodically revise a material safety data sheet for each hazardous chemical. Requires such sheets to contain the same information as the sheets required under the Occupational Safety and Health Act. Requires each State Governor to designate the appropriate government officials to receive such information and who in turn must make such information available to the public. Requires such owners and operators to supply such information to any other facility owner or operator who is receiving shipments of such chemicals. Requires owners and operators to supply health professionals with specific chemical information on a substance if requested to do so. Requires owners or operators to provide a material safety data sheet to such professionals when an emergency arises or it is medically necessary to do so. Limits the use of certain information to health-related needs. Directs each Governor to appoint a Hazardous Substance Emergency Response Commission to coordinate response planning in such State. Directs these Commissions to designate local Emergency Response Committees to develop and implement Emergency Response Plans in case of a a hazardous substance emergency. Requires such Plans to include emergency notification personnel and procedures, evacuation plans, and an assessment and use plan for local medical and police resources. Requires the owner or operator of a facility having a hazardous substance emergency to immediately notify the appropriate authorities according to the Plan, including providing an emergency bulletin for the community which provides sufficient chemical and response information to inform the public of the nature of the crisis. Preempts State and local law in the area of chemical hazard communication. Establishes civil penalties for violations of these requirements and provides for court-ordered enforcement of the medical information provisions. Permits owners and operators to withhold trade secret information from their material safety data sheets, but not from medical personnel. Title IV: Provisions Relating to Taxation - Amends the Internal Revenue Code to extend the environmental tax on petroleum and certain chemical feedstocks for five years, through FY 1990. Repeals the Post-Closure Liability Trust Fund and tax. Exempts certain chemicals from such tax, including: (1) methane or butane used as fuel; (2) substances used in the production of fertilizer; (3) sulfuric acid produced as a byproduct of air pollution control; (4) substances derived from coal; (5) substances used in the production of motor fuel; (6) substances having transitory presence during the refining process; and (7) substances used in the production of animal feed. Allows refunds or credits for certain uses. Imposes a waste end tax sufficient to raise $300,000,000 in each of the five years of the environmental tax extension period. Imposes a broad-based corporate tax sufficient to raise $900,000,000 in each of those five years. Deposits all such revenues in Superfund. Imposes taxes sufficient to raise $250,000,000 in each of the five years for deposit in the Petroleum Release Response Account.
United States · United States Congress · 20 June 1985
University Research Facilities Revitalization Act of 1985 - Requires each of the major Federal research and development agencies to establish and carry out a new university research laboratory modernization program, under which an amount equal to a specified portion of the funds available to the agency involved for research and development awards to institutions of higher education will be reserved for the replacement or modernization of such institutions' obsolete laboratories and other research facilities. Requires that funds under such program be awarded in response to specific proposals submitted by universities and colleges, in accordance with regulations prescribed by the head of the agency involved. Requires that such regulations provide that funds to carry out the program be awarded on a competitive basis and in an amount not exceeding 50 percent of the cost of the replacement or modernization involved. Sets forth required criteria for the award of such funds. Defines the "major Federal research and development agencies" as: (1) the National Science Foundation; (2) the Department of Health and Human Services; (3) the Department of Defense; (4) the Department of Energy; (5) the National Aeronautics and Space Administration; and (6) the Department of Agriculture. Title I: Identification and Assessment of University and College Research Facility Needs; Funding for the University Research Laboratory Modernization Program in the National Science Foundation - Authorizes the National Science Foundation (NSF) to design, establish, and maintain a data collection and analysis capability to identify and assess the research facilities needs of universities and colleges. Directs NSF, in conjunction with other appropriate Federal agencies, to: (1) conduct biennial surveys for such identification and assessment purposes; and (2) report the results to the Congress, with the first such report to be due on September 1, 1986. Directs the NSF, when conducting such surveys and reporting to the Congress, to also collect and assess data on the implementation of the university research laboratory modernization programs being carried out under this Act. Sets forth provisions for the funding for the university research laboratory modernization program in NSF. (Note: The following provisions are similar to those for such program funding in the other "major Federal research and development agencies" which are set forth in titles II, III, IV, V, and VI of this Act.) Authorizes appropriations for FY 1987 to NSF to implement and carry out the new university research laboratory modernization program. Requires that a specified minimum amount (equal to a portion, as determined by certain formulas, of the total amount which is appropriated to NSF for FY 1988 through 1996 and which is available for obligation by NSF for research and development awards to universities and colleges) be reserved for purposes of this Act and used only to carry out NSF's university research modernization program. Permits such funds to be used for such program either as a part of awards made to universities and colleges involved for activities carried out under the authority of other laws or through separate awards made for purposes of this Act. Requires that such funds be used only on the basis of proposals submitted by such universities and colleges. Requires that a specified minimum portion of such funds be available only for awards to universities and colleges that received less than $10,000,000 in total Federal obligations for research and development in each of the two preceding years. Title II: Funding for the University Research Laboratory Modernization Program in the Department of Health and Human Services - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Health and Human Services. (Note: These provisions are similar to the program funding provisions under title I.) Title III: Funding for the University Research Laboratory Modernization Program in the Department of Defense - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Defense. (Note: These provisions are similar to the program funding provisions under title I.) Title IV: Funding for the University Research Laboratory Modernization Program in the Department of Energy - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Energy. (Note: These provisions are similar to the program funding provisions under title I.) Title V: Funding for the University Research Laboratory Modernization Program in the National Aeronautics and Space Administration - Sets forth provisions for the funding for the university research laboratory modernization program in the National Aeronautics and Space Administration. (Note: these provisions are similar to the program funding provisions under title I.) Title VI; Funding for the University Research Laboratory Modernization Program in the Department of Agriculture - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Agriculture. (Note: these provisions are similar to the program funding provision under title I.)