United States · United States Congress · 20 March 1985
Labor-Management Notification and Consultation Act of 1985 - Prohibits any employer (i.e. any business with 50 or more employees) from ordering a plant closing or permanent layoff until 90 days after the employer serves written notice of a proposal to issue such an order to: (1) the representative of the affected employees or, if none, to each affected employee; and (2) the Federal Mediation and Conciliation Service. Provides for reduction of such notification period if the Service determines that unavoidable business circumstances prevent the employer from withholding such closing or layoff until the end of such period. Provides for extension of such notification period thus prohibiting the ordering of such closing or layoff while the employer is subject to an order to continue to consult. Prohibits an employer from ordering a plant closing or permanent layoff unless the employer has: (1) met with representatives of the affected employees with respect to a proposal to order such closing or layoff; and (2) consulted in good faith with such representative for the purpose of agreeing to a mutually satisfactory alternative to or modification of such proposal. Makes such obligation to consult commence on the date of notice and continue until the end of the 90-day notification period. Provides that such consultation period shall be extended if the Service determines that the employer has failed to comply with such consultation requirements. Authorizes the Service to renew any such extension imposed. Requires the employer to disclose to the affected employees' representative information necessary for thorough evaluation of: (1) the proposal to order the closing or layoff; and (2) any alternatives or modifications suggested to such proposal. Authorizes the Service to issue protective orders to prevent disclosure of information which could compromise the employer's competitive position. Sets forth provisions for the administration and enforcement of requirements under this Act. Provides for: (1) assistance by the Service to employers, employee representatives, affected employees, State employment services, and other State and local officials; (2) investigations and injunctive actions by the Department of Labor; (3) civil actions against employers; and (4) civil actions against representatives of employees. Provides that the rights and remedies provided to employees by this Act are in addition to any other contractual, statutory, or other legal rights and remedies of the employees. Expresses the sense of the Congress that employers who, because affected employees do not have a representative, are not required to comply with the consultation and disclosure requirements under this Act should consult with and disclose information to such employees in order to reach a mutually satisfactory alternative or modification of the proposal to order the closing or layoff. Establishes a National Commission on Plant Closings and Worker Dislocation. Requires the Commission to report to the President and the Congress within 12 months of the appointment of members. Terminates the Commission 30 days after such report. Authorizes appropriations for the Commission.
United States · United States Congress · 20 March 1985
Asbestos Workers' Recovery Act - Title I: Supplemental Benefits - Establishes a Federal supplemental benefit program for death or disability caused by occupational exposure to asbestos. Provides guidelines for: (1) the calculation of benefits in proportion to disability; (2) payment methods; and (3) payment priorities. Exempts such supplemental benefits from: (1) any tax or legal process; and (2) any offset for administrative benefits under State or Federal law. Sets guidelines for the offset of supplemental benefits where reorganization or liquidation proceedings occur under Federal bankruptcy laws. Makes supplemental benefits payable only out of the Asbestos-Related Disease Trust Fund established by this Act. Conditions eligibility for supplemental benefits upon such benefits' being the exclusive remedy of an individual for occupational exposure to asbestos. Prescribes guidelines for the filing and payment of asbestos-related disease claims. Directs the Secretary of Health and Human Services (the Secretary) to apply by analogy specified portions of the Social Security Act when making determinations of: (1) entitlement to benefits; (2) review of claims; and (3) delegations of authority to State agencies. Directs the Secretary of Labor, in consultation with the Secretary, in determining eligibility for a supplemental benefit under this Act, to determine annually the average weekly wage for manufacturing workers in each State. Requires such determinations to govern decisions regarding all claims filed in the following calendar year. Requires the Secretary to rely upon: (1) prior court decisions regarding a claimant; and (2) prior determinations by the appropriate workers' compensation program regarding specified eligibility criteria. Specifies exceptions. Requires the Secretary to apply the appropriate workers' compensation law when reviewing supplemental benefit claims. Creates within the Department of Health and Human Services the National Medical Panel on Asbestos-Related Diseases to: (1) decide which diseases belong to the list of asbestos-related diseases; (2) review claims to determine whether a person's disease was caused by asbestos exposure; and (3) publish certain Medical Assessment Guidance Documents. Provides guidelines for the appointment of medical scientists to the Panel from certain organizations. Directs the Panel to promulgate a list of asbestos-related diseases and to provide explanations of any decisions to include or omit a disease from such list. Outlines conditions under which the Panel shall review claims for asbestos-related diseases which do not appear on the panel's list of diseases. Requires the Panel to determine within a specified time whether the disease in the referred claim should be included on such list. Requires the Panel to publish Medical Assessment Guidance Documents including specific medical diagnostic criteria to aid parties and decisionmakers determine whether a death or disability was caused by occupational exposure to asbestos. Title II: Finance - Prescribes guidelines under which: (1) assessments are imposed against each asbestos defendant; (2) assessment allocating factors are assigned to asbestos defendants; (3) assessments are imposed against asbestos insurance policies; and (4) assessments are imposed against companies undergoing Federal bankruptcy proceedings. Sets the aggregate semiannual assessment on defendants on June 30 and December 31 of 1985 and 1986 at $150,000,000. Sets forth formulas for determining the aggregate semiannual assessment on each assessment due date in 1987 and thereafter. Imposes interest upon assessments not paid by the due date. Requires the Secretary of the Treasury to: (1) conduct studies determining assessment allocation factor amounts and assessment apportionment ratios; and (2) promulgate compliance regulations. States that assessment payments do not prejudice the right to recover or challenge such payments. Treats asbestos-related disease assessments imposed upon either an asbestos defendant or an asbestos insurance policy, for Federal income tax purposes, as ordinary and necessary expenses incurred in carrying on the trade or business, on the one hand, and insurance contract losses, on the other. Treats asbestos-related disease assessments as miscellaneous excise taxes. Establishes in the Treasury the Asbestos-Related Disease Trust Fund (the Trust Fund). Details the manner in which such Trust Fund shall be funded and administered. Makes the Secretary of the Treasury the Managing Trustee, and delineates trustee functions. Provides for repayable initial advances and repayable cash flow advances to the Trust Fund during specified periods of FY 1985. Authorizes appropriations for FY 1986 and subsequent fiscal years for the Trust Fund. Establishes within the Department of the Treasury the Asbestos-Related Disease Trust Fund Conservation Committee (the Committee) comprised of the Managing Trustee and five public members appointed by the President. Includes among the consultation and review functions of such Committee: (1) claim disposition; (2) grant and contract awards; and (3) claims and assessments analysis. Directs the Committee to submit an annual report to the Congress regarding the performance of its responsibilities. Authorizes the Committee, with the advice and assistance of the Secretary of Labor, to instruct the Managing Trustee to award grants and contracts to specified organizations for the purpose of: (1) improving State workers' compensation programs; (2) assuring the availability of medical specialists to assist government agencies; (3) establishing medical evaluation units to determine occupational sources of asbestos-related diseases; and (4) medical treatment research. Title III: Miscellaneous - Makes the supplemental benefits under this Act and the applicable workers' compensation programs the exclusive remedy for occupational exposure to asbestos. Exempts certain persons from liability for occupational exposure to asbestos. Removes jurisdiction from State or Federal tribunals to adjudicate any claim of liability for occupational exposure to asbestos after enactment of this Act. Confers jurisdiction for judicial review of administrative acts under this Act only upon the United States Court of Appeals for the District of Columbia Circuit. Confers jurisdiction for questions of assessments and constitutionality under this Act only upon a special three-judge district court established in the District Court for the District of Columbia. Requires all administrative costs and expenses of this Act to be paid out of the Trust Fund. Directs the Secretaries of Health and Human Services, Labor, and the Treasury, and the Attorney General to submit an analysis and certification of their respective costs under this Act to the Managing Trustee for reimbursement.
United States · United States Congress · 19 March 1985
Textile and Apparel Trade Enforcement Act of 1985 - Limits the total quantity of 1985 imports of textiles and textile products from a major exporting country to the lesser of an amount equal to 101 percent: (1) of the total quantity of textile products imported from such country if the total had increased by six percent annually (one percent annually for wool products) during 1981 through 1984; or (2) if the United States has an agreement with such country providing for an annual growth rate of less than six percent, of the total quantity of such products from such country imported during 1984. Limits the total quantity of 1985 imports of textiles and textile products from an exporting country to an amount equal to the total quantity of such products imported from such country during 1984 plus: (1) 15 percent of such quantity in the case of a category that is not an import sensitive category; or (2) one percent in the case of an import sensitive category. Provides for changing the classification of a country, except for a Caribbean country, from an exporting country to a major exporting country if the total textile imports from such country equals or exceeds one and one-quarter percent of all textiles imported into the United States. Sets forth a formula for adjusting the growth of textile imports annually. Sets forth certain minimum quantities of textile imports that all countries shall be allowed to export to the United States. Requires the Secretary of Commerce to enforce this Act. Directs the Secretary, within six months of enactment of this Act, to establish an import licensing system under which an importer of textiles will be required to present an import permit as a condition of entry of such textiles. Directs the President to report to the Congress annually on the administration of this Act.
United States · United States Congress · 19 March 1985
Federal Science and Technology Transfer Act of 1985 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to authorize Federal agencies, subject to specified conditions, to permit the directors of their Government-operated Federal laboratories to enter into cooperative research and development agreements with other Federal agencies, State or local governments, industrial organizations, universities, or other persons. Authorizes Government-operated Federal laboratories, under such agreements and subject to specified conditions, to: (1) grant patent licenses or assignments, or options, in any subject invention made by a Federal employee, or made jointly by a Federal employee and an employee of the collaborating party, and to retain such rights as the laboratory deems appropriate; and (2) waive in advance any right of ownership which the Federal Government may have to any subject invention made by a collaborating party or such party's employee under the agreement. Requires Federal agencies to establish certain plans to be followed in entering into such agreements. Prohibits such agreements with: (1) any person who is not located in the United States, does not have a place of business located in the United States, or is subject to the control of a foreign government; or (2) any other entity which is owned or controlled by any such person. Prohibits such agreements if an authority of the Federal Government which is authorized by statute or executive order to conduct foreign intelligence or counterintelligence activities determines that ownership or licensing rights granted by the agreement must be restricted or eliminated in order to protect the security of such activities. Provides for an appeals procedure with respect to such determinations. Provides that specified provisions of Federal law relating to patent rights in inventions made with Federal assistance shall apply to certain types of such agreements. Provides that small businesses will be given preference in the making of certain types of such agreements. Prohibits any person (or his or her assignee) who receives title or exclusive right or exclusive patent license to any subject invention from granting the exclusive right to use or sell, or from making exclusive use of, such invention unless the products embodying it or produced through its use will be manufactured substantially in the United States. Authorizes the Federal agency concerned to waive such prohibition on a case-by-case basis under specified conditions. Directs each agency to maintain a record of all such agreements. Establishes the Federal Laboratory Consortium for Technology Transfer in the National Science Foundation. Requires the Director of the Foundation to appoint an individual to manage the Consortium and authorizes such individual to appoint Consortium employees. Sets forth Consortium duties relating to the commercial potential of new technologies generated by Federal laboratory research. Requires the Director of the Foundation to report biennially to the President and to the appropriate authorization and appropriation committees of the Congress on Consortium and other specified activities. Requires other Federal agencies to: (1) cooperate in providing information for such reports; and (2) transfer a specified portion of their research and development budgets to the Foundation to carry out Consortium activities. Sets forth rules and formulas for the distribution of royalties or other income received by Federal agencies from the licensing or assignment of inventions under such agreements under this Act, and from inventions licensed under provisions of Federal law relating to domestic and foreign protection of federally owned inventions, or under any other provision of law. Requires Federal agencies to report annually to the appropriate authorization and appropriation committees of the Congress detailing the amount of such royalties or other income received and expenditures made under such rules and formulas.
United States · United States Congress · 7 March 1985
Polygraph Protection Act of 1985 - Prohibits any employer from using any lie detector test or examination in the work place, for both pre-employment testing and testing in the course of employment. Requires the Secretary of Labor to prepare and have printed notices setting forth this prohibition. Requires employers to post these notices. Provides for remedies for violations of this Act as found in the Fair Labor Standards Act. Exempts Federal, State, and local employees from the Act's coverage.
United States · United States Congress · 7 March 1985
Anti-Apartheid Act of 1985 - Prohibits any U.S. person from making any loan to South Africa or to any organization owned or controlled by South Africa. Excludes from such prohibition a loan for any educational, housing, or health facility which: (1) is available to everyone on a nondiscriminatory basis; and (2) is located in an area accessible to all population groups. Declares that such prohibition shall not apply to loans for which an agreement is entered into before enactment of this Act. Directs the President to issue regulations prohibiting U.S. persons from making any investment (including bank loans) in South Africa. Excludes from such prohibition: (1) an investment which consists of earnings derived from a business enterprise in South Africa established before enactment of this Act and which is made in that business enterprise; or (2) the purchase of certain securities in such business enterprises. Prohibits any person, including U.S. banks, from importing into the United States any gold coin minted in or offered for sale by South Africa. Authorizes the President to waive the prohibitions against investments in South African businesses and against importing South African gold coins if: (1) the Government of South Africa meets at least one of seven conditions; (2) the President submits to the Congress a determination that such conditions are met; and (3) a joint resolution is enacted approving such determination. Authorizes the President to extend the waivers. Provides for expedited consideration of such joint resolution. Amends the Export Administration Act of 1979 to prohibit exporting computers, computer software, or goods or technology intended to service computers to or for use by South Africa or any organization owned or controlled by South Africa. Excludes from such prohibition donations of computers to primary and secondary schools. Declares that certain termination provisions of the Export Administration Act of 1979 shall not apply to such prohibition. Provides for enforcement of this Act. Sets forth penalties for violations of this Act. Directs the President to attempt to persuade through negotiations other countries to adopt restrictions on new investment in South Africa, on bank loans and computer sales to South Africa, and on the importation of krugerrands. Directs the President to submit annual reports to the Congress on the status of negotiations. Terminates the provisions of this Act and all the regulations issued to carry out this Act upon enactment of a joint resolution approving a determination submitted by the President to the Congress that apartheid in South Africa has been abolished.
United States · United States Congress · 7 March 1985
Directs the Secretary of the Army, acting through the Chief of Engineers, to review a certain study by the Army Corps of Engineers regarding the feasibility of constructing a canal connecting Lake Erie and the Ohio River, Ohio and Pennsylvania, and report any findings to the Congress.
United States · United States Congress · 7 March 1985
Requires each State to provide for voter registration by mail for Federal elections. Requires such registration to be carried out by a post card application form approved by the Attorney General. Prohibits any State from denying any person the right to vote on the grounds such person is not registered to vote if such person has complied with the requirements of post card registration. Requires the Postmaster General, the Commissioner of Social Security, and the Administrator of Veterans Affairs, in cooperation with the Attorney General and the Chief election officer of each State, to facilitate distribution of post card registration forms in Federal facilities.
United States · United States Congress · 7 March 1985
Expresses the sense of the House of Representatives that the Secretary of State should recommend to the Attorney General that extended voluntary departure status be granted to alien nationals of Guatemala until the situation there becomes safe for their return.
United States · United States Congress · 7 March 1985
Expresses the sense of the Congress that: (1) the United States should investigate the activities of Dr. Josef Mengele; (2) Federal agencies should cooperate in collecting information concerning him; (3) the United States should request that specified nations in which Dr. Mengele is reported to have resided commence internal investigations relating to his residence; (4) the Attorney General should report to the Congress on the progress of the Mengele investigation; and (5) the United States, in conjunction with the Federal Republic of Germany and Israel, should establish an international task force to support such investigation.
United States · United States Congress · 28 February 1985
Employee Educational Assistance Act of 1985 - Amends the Internal Revenue Code to extend indefinitely the income tax exclusion for employee educational assistance programs. (Present law terminates such exclusion as of December 31, 1985.) Limits the maximum amount of such exclusion (beginning in 1986) to $5,000 of amounts paid or expenses incurred for educational assistance furnished to an employee during a calendar year. Exempts graduate students engaged in teaching or research activities from such maximum limit. Provides for annual cost-of-living adjustments in such maximum limit beginning in 1987.
United States · United States Congress · 27 February 1985
High Risk Occupational Disease Notification and Prevention Act of 1985 - Directs the Secretary of Health and Human Services to conduct research into improving the means of: (1) surveillance of employees exposed to occupational health hazards; and (2) medical monitoring and treatment of employees exposed to occupational hazards. Provides that such research shall be conducted primarily through the occupational and environmental health centers established under this Act. Lists areas such research is to include (among which are: studying the etiology and development of such diseases; developing means of medical surveillance of exposed employees; and developing educational programs). Directs the Secretary to undertake or sponsor additional epidemiological, clinical, and laboratory research to identify and define additional employee populations at risk of occupational disease. Provides that: (1) this expanded research shall be conducted or sponsored by the National Institute for Occupational Safety and Health (NIOSH); and (2) in conducting such research, NIOSH shall have access to prior and current employment, occupational, and health-related data and information maintained by Federal agencies. Authorizes the Secretary, in carrying out such research, to employ experts and consultants. Establishes a Risk Assessment Board, within NIOSH, to: (1) review current medical and other scientific studies and reports concerning the incidence of disease associated with employment; (2) report to the Secretary on the state of current research on such diseases; and (3) designate, from such review, employee populations at risk of disease associated with hazardous occupational exposures. Sets forth factors which the Board must consider in identifying such populations at risk. Directs the Board, within ten days of making a finding that a class or category of workers is a population at increased risk (30 percent greater incidence of disease than a comparable worker population not exposed to the hazardous occupational exposure) or a population at high risk (100 percent greater incidence than the comparable worker population not exposed), to recommend to the Secretary that individuals within such populations be notified and, in cases of high risk, be eligible for services and information under this Act. Gives priority for Board review to those employee populations exposed to hazardous occupational exposures for which there already exists a permanent standard under the Occupational Safety and Health Act. Requires the Board to transmit to the Secretary its findings and recommendations on these employee populations within one year after the effective date of this Act. Directs the Secretary, upon determination that a given class or category of employee is a population at risk of occupational disease, to notify each individual within such population at risk. Sets forth the required contents of such notification, including counseling information. Directs the Secretary to establish a telephone "hot line" for the personal physicians of employees who have received such notification, to provide additional medical and scientific information concerning the nature of the risk and its associated disease. Directs the Secretary to prepare and distribute other medical and health promotion material and information on any risk subject to such notification requirements and its associated disease as the Secretary deems appropriate. Provides that, in carrying out such notification responsibilities, the Secretary shall have access to information and data contained in any Federal agency records, solely for the purpose of obtaining names, addresses, and work histories of employees subject to such notification. Directs the Secretary to establish and certify occupational and environmental health centers. Provides that such centers shall be selected from: (1) educational resource centers of NIOSH and similar centers of the National Institute for Environmental Health Sciences; and (2) at a later date, existing health care facilities, in an appropriate number to obtain even regional distribution of such centers throughout the United States. Sets forth criteria for selection of such centers. Requires such centers to be capable of providing research resources, diagnosis, treatment, medical monitoring, and family services for employees notified under this Act who are at high risk of occupational disease. Directs the Secretary to: (1) develop criteria governing the most appropriate type of medical monitoring; and (2) develop a program for training of existing personnel and procuring specialized equipment required under criteria for certification of such centers. Prohibits discrimination by any employer, insurance carrier, or any other person against any employee on the basis that the employee has been notified by the Secretary of being at risk of any occupational disease. Requires that the employee retain the same rates of pay, benefits and seniority as in the former job if, based upon sound medical advice or monitoring initiated under this Act, it is determined that the employee should be transferred to a less hazardous or non-exposed job. Prohibits any health care financing system from discriminating against an employee who has been notified by the Secretary under this Act in the payment of the costs associated with a medical monitoring program, or any subsequent treatment, including treatment required by a medical monitoring examination or the onset of disease. Sets forth procedures for review of discrimination complaints. Provides for reinstatement and specified compensation for employees who are discriminated against in violation of this Act. Sets forth civil penalties for persons or institutions that violate such discrimination prohibitions. Provides for injunctive relief against violations of this Act or any rule or regulation promulgated under this Act. Requires each health care financing system (including public and private health insurance programs, and the Medicare and Medicaid programs, and disability benefits under the Old Age, Survivors and Disability Insurance program) to provide appropriate testing, evaluation, and medical monitoring services to employees as required under this Act. Requires that the cost of testing, evaluation, and medical monitoring required by an employee as a result of hazardous occupational exposure and notification under this Act be included as a covered item in any health care financing system available to such employees through their employment or as individual purchasers of health insurance. Provides that any treatment provided by a health care financing system to an employee for a subsequent disease that was subject to a notification under this Act may constitute an insurance subrogation claim against a workers' compensation program or insurance carrier. Provides that notification of risk to an employee under this Act and subsequent medical evaluation and monitoring shall not constitute a workers' compensation claim, nor shall such notice toll any statute of limitations with respect to such a claim, except as specifically provided by law under a workers' compensation statute. Authorizes appropriations for FY 1986 and subsequent fiscal years.
United States · United States Congress · 26 February 1985
Amends the Internal Revenue Code to extend the residential energy income tax credit for solar energy property for five years (from 1985 to 1990). Phases out the percentage of expenditures which may be taken into account for such credit between the years 1986 and 1990. Limits to $6,000 the maximum amount of expenditures for solar hot water systems which may be taken into account for purposes of such credit. Specifies additional standards which solar hot water systems and active space heating systems must meet in order to qualify for such credit. Increases and extends for five years (from 1985 to 1990) the energy investment tax credit for specified types of solar energy property.
United States · United States Congress · 25 February 1985
Directs the Secretary of Transportation to apportion for expenditure on the National System of Interstate and Defense Highways: (1) the remaining sums authorized to be appropriated in accordance with the interstate cost estimate for FY 1985; and (2) the sums authorized to be appropriated in accordance with the interstate cost estimate for FY 1986. Directs the Secretary to apportion: (1) the remaining sums to be apportioned for FY 1984 for expenditure on substitute highway and transit projects; and (2) the sums to be apportioned for FY 1985 for expenditure on substitute highway and transit projects.
United States · United States Congress · 25 February 1985
Authorizes the Armored Force Monument Committee, the United States Armor Association, the World Wars Tank Corps Association, the Veterans of the Battle of the Bulge, the 11th Armored Cavalry Regiment Association, the Tank Destroyer Association, the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, and 16th Armored Division Associations, and the Council of Armored Division Associations to erect a memorial in or near Arlington National Cemetery, Virginia, to honor and commemorate the American Armored Force. Directs the Secretary of the Interior, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, to select the site and approve the design and plans. Obligates the United States to expenses of maintenance only. Requires the commencement of the erection of the memorial within five years with a certification of sufficiency of funds necessary before commencement.
United States · United States Congress · 21 February 1985
Authorizes the President, on behalf of the Congress, to present a gold medal to the family of Harry Chapin in recognition of Harry Chapin's efforts to address issues of world hunger. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 21 February 1985
Administrative Law Judge Corps Act - Amends Federal law to establish, in Washington, D.C., an Administrative Law Judge Corps (the Corps) comprised of all current administrative law judges. States that the chief administrative law judge shall be the chief administrative officer of the Corps as well as its presiding judge. Specifies the qualifications for chief judge. States that such judge shall be appointed by the President, with the advice and consent of the Senate. Directs the chief judge to submit a written report to the President and the Congress. Establishes divisions (to number between four and ten) within the Corps, with each division headed by a division chief judge appointed by the President, with the consent of the Senate. Identifies initial divisions and their respective areas of jurisdiction. Specifies qualifications required for division chief judges. States that the Corps' policymaking body shall be the Council of the Corps (the Council), comprised of the chief judge and the division chief judges. Authorizes the Council to approve or disapprove: (1) the assignment of judges to divisions; (2) creation, abolition, or reorganization of divisions; and (3) re-assignments of division chief judges. Authorizes the Council to determine matters of general Corps policy, including: (1) the issuance of regulations for Corps proceedings; (2) creation or abolition of divisions or regional offices; (3) contractual transactions; and (4) delegation of functions to division chief judges. Establishes a Judicial Nomination Commission (the Commission) to submit a list of qualified nominees for positions of chief judge and division chief judges. Specifies officials who shall appoint a member to the Commission. Sets the terms of initial Corps appointments and the procedure for filling vacancies. Prescribes a procedure for recommending appointments to the President. Directs the Corps to appoint new judges from a register maintained by the Office of Personnel Management. Confers jurisdiction upon members of the Corps to adjudicate cases under specified sections of the Administrative Procedure Act. Requires cases arising under such sections to be referred to the Corps. Directs the Council to issue regulations for assigning such cases. Provides guidelines for the removal and discipline of administrative law judges. Establishes a Complaints Resolution Board within the Corps to recommend action upon complaints against the official conduct of judges. Details the membership of such Board and the procedures to be followed. Declares Board proceedings and the contents of complaints to be privileged and confidential. Exempts documents and reports considered by the Board from the disclosure and publication requirements of the Freedom of Information Act. Exempts the Board from compliance with the public meeting requirements of specified Federal law. Authorizes appropriations.
United States · United States Congress · 21 February 1985
High Technology Research and Scientific Education Act of 1985 - Title I: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Title II: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporations R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 21 February 1985
Expresses the sense of the House of Representatives that: (1) the President should express to the Soviet Union U.S. opposition with respect to the harassment and arrests of Hebrew teachers and Jewish activists in the Soviet Union; and (2) the Soviet Union should comply with its commitments under specified international human rights agreements and cease its persecution of individuals on the basis of their Jewish faith.
United States · United States Congress · 21 February 1985
Declares that the House of Representatives: (1) finds that the Job Corps program has been a cost-effective and successful effort to assist disadvantaged young men and women in obtaining and holding employment; (2) reaffirms its commitment to the Job Corps program; and (3) will not make or accept any reduction in the level of funding for the Job Corps program.
United States · United States Congress · 20 February 1985
Hate Crime Statistics Act - Directs the Attorney General to include within the Uniform Crime Reports the incidence of the intentional destruction of religious property (robbery, burglary, theft, arson, vandalism, and trespass) and offenses against persons and property committed to express racial, ethnic, or religious prejudices (homicide, assault, robbery, burglary, theft, arson, vandalism, and trespass).
United States · United States Congress · 7 February 1985
Summer Youth Employment, Training, and Education Act of 1985 - Amends the Job Training Partnership Act (JTPA) to require the addition of an education component to the summer youth employment and training programs under part B of title II (Training Services for the Disadvantaged) of JTPA. Requires that each service delivery area (SDA) be allotted an amount equal to at least 90 percent of the amount available to such area for the summer youth program in the preceding fiscal year. Requires ratable reductions in the allocation to each SDA if appropriations are not sufficient to provide such amount to each SDA. Requires that allotments to States and allocations to SDAs be: (1) made in accordance with provisions for prompt allocation of funds; and (2) available for planning purposes before the beginning of the summer months for which allotted and allocated. Requires that summer youth program funds be used so that participants spend a portion of their time on individualized, self-paced, remedial and basic academic and functional competency development and achieve specified types of performance standards established and developed in each SDA. Requires that the portion of a participant's time spent on such competency development be in addition to, and not in place of, regular employment under the summer youth program. Prohibits summer youth program funds from being used to provide employment to any individual who fails to comply with attendance standards established by the SDA with respect to such education components. Prohibits summer youth program funds from being used to compensate or reward participants for attendance at such education components, except under specified provisions which require that a portion of matching funds be used to provide bonuses to participants for achievement of academic and functional competence. Specifies that planning for summer youth programs does not have to be conducted during the summer months. Sets forth matching fund requirements for summer youth programs. Requires each private industry council (PIC), for each program year beginning after June 30, 1987, to make available from non-Federal sources an amount for use in such programs equal to at least one and one-half percent of the amount made available under JTPA for such programs in that SDA for the applicable program year. Allows each PIC, for program years beginning July 1, 1985, and July 1, 1986, to make available such matching amounts. Limits, for any program year beginning after June 30, 1987, such matching amounts to not less than $20,000 and not more than $100,000 per SDA. Requires each PIC to notify the State of the PIC's matching amount by April 1 of the preceding program year. Requires each State, for program years beginning after June 30, 1987, to provide to each PIC an amount equal to the PIC matching amount. Allows States to provide such State matching amount from non-Federal sources or to use funds available to them under part A (Adult and Youth Programs) of title II of JTPA and under chapter 2 (Consolidation of Federal Programs for Elementary and Secondary Education) of the Educational Consolidation and Improvement Act of 1981. Requires each State, for program years beginning July 1, 1985, and July 1, 1986, to reserve one and one-half percent of its State allotment under part A, to be allocated to PICs in proportion to the matching amounts made available by such PICs for such program years. Requires that such matching amounts be used to: (1) support the education and training components of the summer youth programs; (2) provide bonuses to participants for achievement of academic and functional competence; and (3) after complying with (1) and (2), create additional employment opportunities under the summer youth programs. Allows matching amounts to be in cash or in-kind, but requires that in-kind matching amounts be in the form of state-of-the-art basic and remedial education materials and equipment suitable for use for summer youth programs for the applicable program year. Requires each SDA to maintain complete records on the improvements in academic and functional competency attained by participants in the summer youth programs. Requires that such records be compiled by reference to State and locally determined general education diploma and basic education competency requirements. Requires each SDA to submit summaries of such records to the State. Requires States to submit annual reports on such summaries to the Secretary of Labor. Directs the Secretary to include an analysis of such reports in the Secretary's annual report to the Congress on employment and training programs. Provides that a specified portion of the State allotment under JTPA which is currently available for State education programs shall also be available to carry out matching requirements for summer youth programs.
United States · United States Congress · 7 February 1985
National Acid Deposition Control Act of 1985 - Title I: Acid Deposition Control and Assistance Program - Amends the Clean Air Act to mandate emission reductions and retrofit technology for the 50 fossil fuel fired electric utility generating plants which the Administrator of the Environmental Protection Agency identifies and lists as having had the largest total emissions of sulfur dioxide during the calendar year 1980. Permits the owner or operator of such a plant to substitute a fossil fuel fired steam generating unit in the same State or plant for an identified electric utility, subject to the Administrator's approval. Requires substitute units to meet certain performance standards beyond their useful lives. Requires emission limitations compliance schedules to require the use of technological systems of continuous emission reduction for each steam generating unit in the generating plant (other than steam units serving as substitutes) and the reduction of sulfur dioxide emissions to 90 percent or 70 percent of 1980 emissions levels. Determines compliance on a plantwide basis and on the basis of average annual emissions. Subjects substitute unit compliance schedules to the same requirements but evaluates compliance for the unit rather than plantwide. Directs owners or operators of listed plants and substitute units to submit a compliance schedule to the Administrator for approval. Directs the Administrator to promulgate a schedule for listed plants without an approved schedule. Requires schedules to mandate contracts for technological systems by the start of 1993, system installation by 1995, and compliance with emission standards for 1995 and subsequent years. Directs the Administrator to make available 90 percent of a system's construction and installation costs from the Acid Deposition Control Fund, Conditions payments upon minimizing rate increases to the customers of the utility. Directs the Administrator to compute each State's share of the 12 million ton reduction in sulfur dioxide emissions required within ten years of enactment of this Act. Counts a State's excess tonnage from fossil fuel fired electric utility plants and steam generating units and industrial process emitters of sulfur dioxide. Sets forth the formula for determining a State's share of total reductions using such excess tonnage. Permits States to reallocate reductions among themselves so long as total reductions meet specified requirements. Directs each State to submit a plan for Administrator approval, detailing how such State is going to reduce its share of emissions to compliance levels in ten years. Subjects States without an approved plant to back-up emission limitations which represent between a 75 and 80 percent reduction for 1980 emission levels or the national average best available control technology emissions limit for industrial process emissions. Permits States discretion in means of compliance. Sets forth fund availability conditions, including an approved State plan and funding based upon a State's share of the total required emission reductions. Allows States to use such funds to effect the requirements of this Act in whatever way the State deems appropriate. Establishes in the Treasury the Acid Deposition Control Fund to provide funding for emissions reductions from specified appropriations. Sets forth conditions and administrative provisions for such Fund. Directs the Secretary of the Treasury to report annually to the Congress on the current and five-year projected financial condition of the Fund. Imposes a fee on each kilowatt hour of electric energy generated by an electric utility in the contiguous States. Exempts electricity generated by nuclear or hydroelectric power. Directs the Administrator to make payments to utilities who provide electricity to low-income individuals in order to reduce rates for such customers. Establishes civil and criminal penalties and empowers the Administrator to bring civil actions against an electric utility in violation of the fee requirement. Terminates the fee after ten years. Directs the Administrator to carry out a demonstration project of the limestone injected multistaged burner (LIMB) technology, using limited funds. Directs the Administrator to make grants and contracts to accelerate research for developing other advanced industrial processes to reduce levels of sulfur dioxide and oxides of nitrogen. Authorizes appropriations for FY 1986 through 1991. Title II: Control of Nitrogen Oxide Emissions - Directs the Administrator to revise nitrogen oxides emissions standards for electric utility steam generating units which burn bituminous or subbituminous coal. Sets maximum subbituminous emissions at 0.30 pounds per million Btu's and maximum bituminous coal emissions at 0.40 pounds per million Btu's, based on a 30-day rolling average. Requires the Administrator to promulgate emissions standards for new, large fossil-fuel-fired steam generating units. Establishes oxides of nitrogen emissions standards for light duty trucks after model year 1987. Title III: Acid Deposition Damage Mitigation Program - Establishes a grants program for States with Administrator-approved plans for mitigating water quality damage caused by a acid deposition. Limits such grants to 80 percent of State-expended funds for mitigation. Apportions funds among the States upon the basis of need.
United States · United States Congress · 7 February 1985
Expresses the sense of the Congress that: (1) in order to encourage private investment in developing countries, it is necessary to encourage the private sector to be involved with other nations in efforts to alleviate hunger; and (2) American institutions in the public and private sectors should jointly develop commitments and a plan to end world hunger.
United States · United States Congress · 6 February 1985
Authorizes the Attorney General to make contracts retaining private counsel to furnish legal services in the case of any claim of indebtedness owed the United States. Requires the Attorney General, in making such a contract in any judicial district, to use his best efforts to obtain at least four contracts for legal services with private individuals or firms in such district. Prohibits the fee payable for such legal services from exceeding the fee typically charged in the area for the collection of claims of indebtedness. Permits the head of an executive or legislative agency to refer to a private counsel so retained any claims of indebtedness owed the United States arising out of such agency's activities. Declares that for the purposes of the Fair Debt Collection Practices Act, a private counsel performing collection services under this Act shall be considered a debt collector. Sets forth the procedure for filing counterclaims. Requires the Attorney General to transmit to the Congress an annual report on the activities of the Department of Justice to recover such indebtedness. Requires the Comptroller General to carry out an annual audit of the actions taken by the Attorney General pursuant to this Act during the preceding two years. Requires the Comptroller General to determine the extent to which there is competition among private counsel to obtain contracts pursuant to this Act, the reasonableness of the fees provided in such contracts, and the results of the debt collection efforts. Requires a report to the Congress on the findings and conclusions resulting from such audit. Requires the Attorney General to transmit to the Congress a report on the actions taken under this Act within 180 days after the date of enactment.
United States · United States Congress · 6 February 1985
Amends the Internal Revenue Code to extend the targeted jobs income tax credit from 1985 to 1990. Increases the amount of wages which may be taken into account for such credit from $6,000 to $10,000 per year. Revises the definition of "members of economically disadvantaged families" to increase from 70 percent to 80 percent of the Bureau of Labor Statistics' lower living standard the amount of income a family may have in order to qualify as a member of a targeted group.
United States · United States Congress · 6 February 1985
Chemical Manufacturing Safety Act of 1985 - Amends the Solid Waste Disposal Act to include releases into the air from an underground storage tank. Reduces from 36 to 18 months after the enactment of the Hazardous and Solid Waste Amendments of 1984 (November 8, 1984) the time within which new underground tank performance standards become effective. Reduces from 48 to 24 months after such date the effective date of certain regulations covering underground storage tanks containing regulated substances. Amends the Toxic Substances Control Act to include pesticides within chemical substances under such Act only when the manufacturing and processing is completed and the pesticide is distributed. Amends the Toxic Substances Control Act by adding a new title II concerning the communities' right-to-know, emergency planning, and liability. Requires each covered manufacturer, distributor, user, and importer of a covered hazardous substance (potential releasors) to prepare and update a fact sheet for such substance for distribution to local police, fire, and health officials. Requires the fact sheet to include the name, physical properties of, and hazards posed by the substance, including potential routes of human exposure to such substance, symptoms of such exposure, and appropriate emergency and first aid procedures. Requires status sheets on the same basis as fact sheets, with each status sheet to include the maximum inventory and method of storage of the substance, the quantity of its emission into the environment, and the quantity and method for disposal. Requires the releasor of a covered hazardous substance in an emergency situation to provide an emergency bulletin to the State and local police and other local officials. Requires the bulletin to identify the name and amount of the substance released and the response actions taken. Requires fact and status sheets and emergency bulletins to be made available for public inspection with public notice of such availability at the facility of the potential releasor. Requires the Administrator of the Environmental Protection Agency to publish a uniform format for fact and status sheets. Authorizes a State's Governor to identify local officials to receive covered hazardous substance release information, with the Administrator doing so in the absence of the Governor's identification. Requires the potential releasors to maintain records of information required by this Act. Requires manufacturers or importers to transmit fact sheets to covered distributors or users upon shipping of a covered hazardous substance. Excludes certain small businesses and research, medical, and household uses from coverage under this Act. Provides protection for trade secrets while continuing to make necessary information available to the appropriate persons. Excludes listed or possible carcinogens from such protection. Sets forth application and substantiation procedures for trade secret claims. Permits affected citizens or government officials to compel disclosure of nonsubstantiated trade secrets through the Federal courts. Authorizes the Administrator to grant exemptions from the basic notification requirements of this Act through specified procedures open to the public, based upon a cost-benefits analysis where there is no reasonable likelihood of harm. Directs each covered major manufacturer to develop within two years of the enactment of this Act a comprehensive evacuation and emergency response plan which addresses the health and safety issues applicable to such manufacturer's particular situation. Requires the plan to include designations of the appropriate government officials to be notified, mitigation measures, evacuation routes, notification plans, and evaluation of community support services. Authorizes each Governor to designate emergency response districts within 18 months of the enactment of this Act or the Administrator will do so. Permits each Governor to appoint an Emergency Response Committee per district or the Administrator will be treated as such Committee. Requires such Committees to review the manufacturers' plans, revising them where necessary. Directs the Administrator within 18 months of the enactment of this Act to develop uniform national mandatory labeling requirements for pipes, storage tanks, or containers not otherwise required to be labeled which could reasonably be presumed to release a covered hazardous substance. Requires the label to indicate the appropriate response to a release. Directs the Administrator to designate covered major manufacturers for emergency response purposes within one year of the enactment of this Act. Limits the designation to those whose substances would pose an imminent and substantial danger to health and the environment if released in significant quantities. Includes all persons covered under this Act in lieu of such designations. Includes Federal departments as potential covered major manufacturers. Exempts those whose emergency activities are sufficiently covered under other Federal or State law. Renders the manufacturer or processor strictly liable for damages caused by accidental or abnormal releases, excluding act of God or war. Covers medical, burial, and economic losses as well as pain and suffering (to a limited extent). Includes specified analysis and scientific evidence and studies among the evidence which may be introduced to establish causation. Establishes a three-year statute of limitations from the date of the enactment or the date of realization of injury for causes of action for injury from the release of a covered hazardous substance, whichever is later. Provides that this Act does not preempt State or other law in the area of liability for damages. Requires entitled individuals to receive compensation for injuries sustained from a hazardous substance release from workers' compensation rather than under this Act. Sets forth categories of substances to be considered covered hazardous substances and procedures for adding additional substances. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to compile and update a digest of all such substances. Exempts certain substances for this Act's purposes, based upon the form, amount, and other regulation of such substances. Establishes civil and criminal penalties, limiting criminal penalties to the knowing violation of emergency requirements. Authorizes citizens' suits to enforce this Act. Permits States to adopt more stringent right-to-know standards in the workplace context and emergency response requirements. Permits State and local governments to impose fees upon potential releasors to cover administrative costs.
United States · United States Congress · 6 February 1985
Requires that funds be made available from appropriations under the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1985 to enable the National Institutes of Health to award 6,500 new and competing research grants in FY 1985.
United States · United States Congress · 6 February 1985
States that the Congress supports the restoration of democratic institutions and human rights in Chile. Calls upon Chile to negotiate with the democratic opposition. Provides that until Chile returns to democracy: (1) U.S. military and economic assistance to Chile should be denied and all joint military activities ceased; (2) the Overseas Private Investment Corporation should not issue additional investment insurance to Chile; and (3) the United States should oppose all loans and grants to Chile by certain international financial institutions unless such assistance is directed to programs which serve the needs of the people.
United States · United States Congress · 4 February 1985
Adolescent Pregnancy and Parenthood Act of 1984 - Amends title XX (Adolescent Family Life Demonstration Projects) of the Public Health Service Act to authorize grants and projects for: (1) prenatal and postpartum care; (2) well-child infant care; (3) comprehensive family planning services to prevent unintended repeat pregnancies; and (4) educational, vocational, and other counseling services. Gives priority to under-18 year olds where the incidence of adolescent child bearing is high, where the proportion of low income and minority families is high, and where such services are most needed. Stresses the role of voluntary family support. States that services provided under this Act shall be voluntary. Directs the Secretary of Health and Human Services to: (1) establish a program data reporting system; and (2) report annually to Congress. Authorizes FY 1986 through 1988 appropriations.
United States · United States Congress · 4 February 1985
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of title II benefits to individuals who have been deported pursuant to the Immigration and Nationality Act because of activities conducted under the direction of association with the Nazi government of Germany or its allies.
United States · United States Congress · 30 January 1985
Title I: General Accounting Office Investigation and Report - Directs the General Accounting Office to investigate the situation of displaced nationals of El Salvador, including determinations of those Salvadorans in Central America, unlawfully in the United States, or returned from the United States to El Salvador. Requires a report to the Congress. Title II: Congressional Review - Provides that such report shall be referred to the appropriate committees for hearings and committee reports. Title III: Temporary Stay of Deportation - Provides for a temporary stay of detention and deportation for specified Salvadorans presently in the United States.
United States · United States Congress · 30 January 1985
Directs the President to: (1) secure from the Indochina nations a full accounting of Americans captured or missing as a result of the Vietnam conflict; and (2) work for the release of captive Americans and the return of the remains of those American servicemen and civilians who died in Southeast Asia. Requires the President to submit two reports to Congress on American POW/MIAs in Southeast Asia.
United States · United States Congress · 30 January 1985
Directs the Committee on Foreign Affairs of the House of Representatives to conduct an investigation into the murders of U.S. citizens in El Salvador and report to the House with findings and conclusions.
United States · United States Congress · 24 January 1985
Civil Rights Restoration Act of 1985 - Amends the Education Amendments of 1972, the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Civil Rights Act of 1964 to provide a definition of the phrase "program or activity." Defines such term as all of the operations of: (1) a department or agency of a State or of a local government; (2) the entity of such State or local government that distributes Federal assistance and each such department or agency to which the assistance is extended; (3) a university or a system of higher education; (4) a local educational agency or other school system; (5) a corporation, partnership, or other private organization; or (6) any other entity consistent with the coverage provided above.
United States · United States Congress · 24 January 1985
Expresses the sense of the Congress that the President should: (1) ensure that U.S. officials carry out the pledge to resolve the issue of the Americans still missing and unaccounted for in Indochina; (2) work for the immediate release of any Americans still held captive and the return of the remains of those who died in Southeast Asia; and (3) make every effort to secure the further cooperation of Laos and Vietnam in resolving this issue.
United States · United States Congress · 24 January 1985
Encourages the President's efforts to achieve deep cuts in the amounts of nuclear weapons held by each nation and to establish an enduring peace. Declares that the Congress would welcome an international agreement based on specified principles providing for: (1) the staged, proportional disarmament of all nations until nonthreatening force levels are reached under effective international inspection and control; and (2) concurrent agreements (in accordance with specified principles) providing methods for the peaceful settlement of international disputes, for effective compliance during the staged disarmament process, and for effective enforcement as nonthreatening force levels are approached. Urges the President to initiate: (1) renewed consideration of the "Joint Statement of Agreed Principles for Disarmament Negotiations" ("Joint Statement") by appropriate U.S. agencies; and (2) joint United States and Soviet reconsideration of such "Joint Statement." Requests the President to: (1) transmit copies of this resolution to the heads of government of all nations and to invite them to participate in negotiations on such an international agreement; and (2) report to the Congress on the steps taken respecting this resolution and the responses received and on the U.S. reassessment of the "Joint Statement."
United States · United States Congress · 22 January 1985
Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to require the Administrator of the Office of Juvenile Justice and Delinquency Prevention in the Department of Justice (Administrator) to make grants to States for the purpose of establishing, operating, or expanding Missing Children Information Clearinghouses. Limits the grants to 50 percent of the costs of establishing and operating the Clearinghouse. Requires any State Clearinghouse to: (1) work in conjunction with the National Crime Information Center; (2) educate parents, children, and community agencies; (3) provide public information to assist in locating missing children; (4) publish a directory of organizations that provide assistance in locating missing children; (5) establish an in-State toll-free line for reporting missing children; (6) work with other public and private organizations; and (7) work with the National Center for Missing and Exploited Children. Allows the Administrator to prescribe rules necessary to carry out this Act. Grants the Comptroller General of the United States access to any books, documents, or records of any State receiving assistance for the purpose of audit. Authorizes appropriations.
![Official portrait of Rep. Atkins, Chester G. [D-MA-5]](https://www.congress.gov/img/member/a000226_200.jpg)