United States · United States Congress · 22 January 1985
Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies for Veterans Administration (VA) adjudication purposes the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Requires the chairman of the Board of Veterans' Appeals to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees in successful veterans' claims brought before a court as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 7 January 1985
Alzheimer's Disease and Related Disorders Treatment Act of 1985 - Directs the Secretary of Health and Human Services to designate 20 centers for the treatment of Alzheimer's disease and related disorders. Requires such centers to: (1) provide a central facility for diagnosis, evaluation, and counseling; (2) develop standards of treatment and methods of delivering cost-effective services; (3) train professionals and nonprofessionals in diagnosing and treating such disorders; and (4) develop a comprehensive acute and long-term treatment program. Authorizes FY 1986 through 1990 appropriations. Directs the Secretary to make $1,000,000 available to each center for each of at least five years for teaching, training, research, and staffing. Permits eligible persons to elect to receive benefits as provided for by this Act rather than under titles XVIII (Medicare), XIX (Medicaid), or XX (Grants to States for Service) of the Social Security Act, or under the Older Americans Act of 1965.
United States · United States Congress · 3 January 1985
In-Flight Medical Emergencies Act - Directs the Administrator of the Federal Aviation Administration to issue final rules requiring passenger-carrying aircraft to carry medical supplies and equipment for the treatment of in-flight emergencies. Provides relief from State or Federal civil liability for any licensed medical personnel or air carrier employee who renders emergency medical aid on an airplane or who continues such aid until arrival at a medical facility. Extends such relief to an airplane's crew and owner or operator for providing on-board emergency medical supplies. Makes such relief from liability inapplicable if the actions were done recklessly or with gross negligence.
United States · United States Congress · 3 January 1985
Biennial Budgeting Act of 1985 - Amends the Congressional Budget Act of 1974 to establish a two-year cycle for the presidential and congressional budget process. Requires each standing committee of the Congress to review the laws and programs under its jurisdiction every other year and to consider the desirability of new legislation in such areas. Eliminates provisions requiring a second concurrent resolution on the budget. Permits revisions only in new spending authority, revenues, and the public debt limit through the reconciliation process.
United States · United States Congress · 3 January 1985
Civil Rights Amendments Act of 1985 - Amends the Civil Rights Act of 1964 to prohibit discrimination on the basis of affectional or sexual orientation. Provides that this Act shall not be construed to permit a finding of discrimination based on statistical differences or the fashioning of any remedy requiring a quota.
United States · United States Congress · 3 January 1985
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to make permanent the increase in the excise tax on cigarettes. Amends the Internal Revenue Code to provide for cost-of-living adjustments in the rate of such tax. Amends title XVIII (Medicare) of the Social Security Act to appropriate to the Federal Hospital Insurance Trust Fund the funds raised by such excise tax.
United States · United States Congress · 3 January 1985
Title I: National Development Investment - National Development Investment Act - Amends the Public Works and Economic Development Act of 1965 to cite such Act as the National Development Investment Act and to revise the emphasis of such Act from primary Federal initiative to coordination of investments between the public and the private sectors. Sets forth the findings of the Congress. Authorizes the Secretary of Commerce, upon the application of an eligible State, economic development district, distressed local government (with a population under 50,000 and located outside an economic development district), Indian tribe, or nonprofit economic development organization, to make a grant for a portion of the cost of projects submitted in a development investment strategy. Sets forth activities eligible for such development investment assistance, including: (1) construction and repair of public facilities; (2) revolving loan funds to promote small business; (3) feasibility studies to enhance the investment climate; and (4) development activities which prevent economic dislocation and promote employee ownership organizations. Sets forth specific eligibility criteria for applicants for such assistance. Requires an application for a grant under this Act to include: (1) a certification that the area concerned meets certain distress requirements; (2) a certification of any responsibilities which the Secretary has agreed to perform; and (3) a development investment strategy prepared in accordance with this Act. Requires the Secretary to consider specified purposes of this Act in approving applications. Lists as criteria any one of which an area must meet in order to be eligible for a grant under this Act: (1) a per capita income of 80 percent or less of the national average; (2) an unemployment rate one percent above the national average for the most recent 24-month period for which statistics are available; or (3) a sudden economic dislocation resulting in job losses. Sets forth the information to be contained in a grant applicant's development investment strategy. Authorizes the Secretary to make grants to establish a revolving loan fund for making or guaranteeing loans to small businesses for initial or working capital, or for the purchase of facilities or equipment. Limits to $1,000,000 the amount of any such grant. Limits the amount of any grant under this Act to a maximum of 50 percent of the cost of completing the project as determined at the time of the grant application. Permits the Secretary to reduce or waive the non-Federal share of a project in the case of an Indian tribe. Limits expenditures in any one State to a maximum of 15 percent of the appropriations made pursuant to this Act, except for expenditures to Indian tribes. Prohibits the Secretary from obligating more than $2,000,000 in any fiscal year to any person, other than grants for employee ownership organizations. Requires the Secretary, each fiscal year, to obligate minimum amounts of funds for such grants. Authorizes the Secretary to make economic development planning grants to States, economic development districts, Indian tribes, distressed counties, and distressed units of local governments with populations over 50,000 (if located outside an economic development district). Earmarks such grants for coordination of investment for community facilities, economic development, manpower training, and transportation services. Authorizes the Secretary to evaluate Federal, State, and local development investment efforts. Authorizes the Secretary to conduct any demonstration program to test the feasibility of new ways to increase productivity, foster innovative technology, match labor force with labor markets, or encourage economic diversity and regional balance. Authorizes the Secretary to make grants to colleges, universities, and other nonprofit educational and research organizations. Directs the Secretary to conduct a study to determine financing needs for the construction and repair of public facilities. Requires the Secretary to submit to each House of the Congress a detailed statement, including findings and recommendations, concerning such financing needs. Limits the amount of any such grant to not more than 75 percent of the cost of economic development planning or of investment strategy preparation. Authorizes appropriations through FY 1988. Declares that the Secretary of Commerce shall administer this Act with the assistance of a specified Assistant Secretary of Commerce. Authorizes the Secretary to consult with other persons and agencies. Prohibits the approval of any grant unless the Secretary is satisfied that the project concerned will be properly and efficiently administered, operated, and maintained. Sets forth the powers of the Secretary under this Act. Permits the Secretary to discharge responsibilities relative to a project by accepting a certification of the grant applicant's performance of such responsibilities. Requires the Secretary to make comprehensive annual reports to the Congress detailing operations under this Act. Requires all laborers and mechanics employed by contractors or subcontractors on projects assisted under this Act to be paid the prevailing rate of wage. Requires the Secretary to maintain records of approved applications available for public inspection. Requires each recipient of a grant to maintain certain specified records. Allows the Secretary and the Comptroller General access to all records of such recipients. Authorizes appropriations through FY 1988. Title II: Appalachian Regional Development - Appalachian Regional Development Act Amendments of 1985 - Amends the Appalachian Regional Development Act of 1965 to declare that investments under such Act shall also be made in severely distressed and underdeveloped counties lacking resources for basic services. Authorizes appropriations through FY 1990 for the administrative expenses of the Appalachian Regional Commission. Authorizes the Commission to lease office space through FY 1988. Authorizes appropriations through FY 1992 for the Appalachian development highway system. Increases from 70 to 80 percent the subsequent Federal share of an Appalachian development highway segment when a participating State proceeds to construct a segment of such a highway without the aid of Federal funds. Applies such increase to projects approved after March 31, 1979. Authorizes the Commission to make grants to States and public and nonprofit entities for projects which will: (1) assist in the creation or retention of permanent private sector jobs, the upgrading of the region's manpower, or the attraction of private investment; (2) provide special assistance to severely distressed and underdeveloped counties which lack financial resources for improving basic services; (3) assist in achieving the goal of making primary health care accessible in the region; or (4) otherwise serve the purposes of this Act. Prohibits the authorization of any financial assistance to enable plant subcontractors to undertake work previously performed in another area by other subcontractors or contractors. Prohibits grants with funds authorized after October 1, 1985, from exceeding 50 percent of the costs of any approved project. Permits such grants to increase the Federal contribution to any project to such percentage as the Commission determines within specified limitations. Authorizes appropriations through FY 1990. Extends the termination date of such Act from 1982 to October 1, 1990.
United States · United States Congress · 3 January 1985
Law Enforcement Officers Protection Act of 1985 - Amends the Federal criminal code to define "armor piercing ammunition." Excludes from the definition: (1) shotgun shot composed in order to comply with Federal or State law; (2) frangible projectiles for target shooting; (3) ammunition containing frangible projectiles; and (4) any ammunition or projectiles which the Secretary of the Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor piercing ammunition. Allows: (1) the manufacture or importation of armor piercing ammunition for the use of the United States or any State or local government; (2) manufacture for the sole purpose of exportation; or (3) manufacture or importation for the purposes of testing and experimentation authorized by the Secretary. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor piercing ammunition. Authorizes the Secretary to revoke a license from a dealer for violating this Act.
United States · United States Congress · 3 January 1985
Water Quality Renewal Act of 1985 - Amends the Federal Water Pollution Control Act (the Clean Water Act) to authorize appropriations for FY 1983 through 1988 for: (1) specified research, investigation, and training programs in water pollution control; (2) State and interstate pollution control programs; (3) undergraduate programs in water quality control; (4) grants for developing waste treatment management plans for areas with substantial water quality control problems; (5) water pollution control programs in agricultural areas; (6) agreements among Government agencies providing for maximum use of existing programs for water quality control; (7) grants to States for lake pollution control; and (8) carrying out the Clean Water Act generally. Increases the authorization for grants for construction of waste treatment works for FY 1984 and 1985. Authorizes appropriations for such grants for FY 1986 through 1988. Extends the compliance date for specified priority toxic pollutants, all other toxic pollutants and the application of best available technology for all other pollutants to no later than three years and six months after effluent limitations are established. Directs the Administrator of the Environmental Protection Agency (EPA) to promulgate final regulations establishing effluent limitations for direct dischargers and limitations requiring pretreatment for all the priority toxic pollutants which are discharged from certain categories of point sources in accordance with a specified schedule. Requires the Administrator to publish in the Federal Register a list of all navigable waters in each State the water quality of which is being impaired by the discharge from specific sources of toxic pollutants. Directs the Administrator to establish an individual control strategy for each listed segment of navigable waters to reduce the discharge of such pollutants so as to achieve the fishable-swimmable goal of the Clean Water Act. Increases the Federal civil penalties for violations of water quality standard requirements. Requires the Administrator to monitor, study, and report to the Congress on the effects of the impoundment and discharge of waters by dams upon the quality of navigable waters. Directs the Governor of each State to submit to the Administrator of the Environmental Protection Agency for approval a report: (1) identifying navigable waters not meeting applicable water quality standards because of pollution from nonpoint sources (e.g., rainfall runoff as opposed to identifiable pipes); (2) identifying categories of significantly polluting nonpoint sources; (3) identifying State and local programs for controlling such pollution and improving the water quality of the navigable waters; and (4) describing administrative measures to be taken. Directs the Administrator to identify such waters and the nonpoint sources of such pollution if the Governor does not submit such report within a specified time. Requires each Governor to also submit to the Administrator for approval a four-year plan for controlling nonpoint pollution and a report identifying State or Federal agency programs which might conflict with such plan, together with recommendations for modification of existing programs. Requires each four-year plan to target offending land areas for the best land management practices, including the scheduling of targeted areas and categories of nonpoint pollution for implementation of such practices. Requires additional information by way of technical and financial means to be used to improve water quality. Directs the Administrator to consolidate and convey to the appropriate Federal agencies recommended modifications of existing programs necessary to implement States' four-year plans, which such agencies will comply with to the degree possible, consistent with existing law. Provides opportunities for revision of faulty plans. Authorizes the Administrator to provide technical assistance to a local agency to develop a four-year plan if a State fails to submit a satisfactory plan and the local agency is of sufficient geographical size. Treats such local agency as a State agency for implementation assistance purposes after such plan has been approved. Directs the Administrator to convene a management conference of the affected States when any State is unable to meet its applicable water quality standards because of pollution from nonpoint sources in another State. Requires the offending State to submit a plan for approval or revise an approved plan to reduce the pollution in the affected portion of navigable waters. Directs the Administrator to provide grants to States to assist in the implementation of approved four-year plans. Limits the Federal share to a maximum of 50 percent of costs, increased to 60 percent for watersheds with significant private participation in implementing nonpoint source pollution control measures. Sets forth other terms and conditions for such grants, including reporting and administrative requirements. Limits each grant per State to a maximum of 15 percent of total authorizations. Authorizes appropriations for FY 1987 through 1990. Authorizes the Administrator to give funding priority to States which have implemented effective regulatory mechanisms. Directs the Administrator to make grants to assist States with approved plans in carrying out groundwater water quality protection activities which will help advance such plans. Limits the amount of such assistance. Authorizes appropriations for FY 1986 through 1990. Directs the Administrator to report annually to the appropriate congressional committees on the progress made in reducing nonpoint source pollution in navigable waters. Directs the Administrator to make a final report by January 1, 1988, analyzing the effectiveness of the plans and State participation. Directs the Administrator to submit to specified congressional committees a lake restoration guidance manual establishing procedures to guide future State and local efforts to improve water quality in lakes. Adds to the authorized uses of grants for construction of treatment works projects to address water quality problems due to impacts of discharges from combined storm water and sanitary sewer overflows. Increases the amount of additional funds which the Administrator shall have available for addressing water quality problems of marine bays and estuaries subject to lower levels of water quality due to the impact of discharges from combined storm water and sanitary sewer overflows. Increases to 65 percent the Federal share of construction costs under the treatment works construction grants program. (Current law provides that the 75 percent Federal share shall be decreased to 55 percent for FY 1985 and subsequent fiscal years.) Deems the activated bio-filter feature of the project for treatment works of Little Falls, Minnesota, an innovative wastewater process and technique entitled to an 85 percent grant. Authorizes the Administrator to make a grant to fund all the costs of modifying or replacing biodisc equipment (rotating biological contractors) in any publicly owned treatment works if deficiencies are not attributable to negligence. Directs the Administrator to make preconstruction agreements with grant applicants for treatment work construction assistance to specify which costs are eligible for Federal payments. Requires grantee certification that the treatment process meets the applicable effluent limitations before the Administrator approves a project. Conditions local treatment works grants on the implementation of any required areawide waste treatment management and/or State plan and State compliance with water quality reporting requirements. Qualifies for treatment works grants purposes a system of user charges imposing lower charges for low-income residential users. Requires the Administrator to allot to States treatment works construction grants for FY 1986 through 1988. Extends through FY 1988 the authorization of appropriations for minimum allotments to States and specified U.S. territories and possessions. Increases the allotment for specified U.S. territories and possessions. Extends through FY 1988 the reservation of certain amounts from State allotments for State administrative expenses. Directs the Administrator to reserve specified amounts from the allotments of New York, New Jersey, and Connecticut to make grants to the Interstate Sanitation Commission established by their interstate compact. Extends through FY 1988 specified provisions relating to minimum expenditures for increasing the Federal share of grants for construction of treatment works utilizing innovative processes and techniques. Requires a State to allocate at least 50 percent of its water quality management planning grant to regional and interstate public comprehensive organizations if it is useful to do so. Directs the Administrator to reserve specified appropriations for audits of such construction projects. Directs the Administrator to make grants for specified purposes from the appropriate State allotments for treatment works construction to: (1) the city of Avalon, California; (2) the owners of the Rocky River Wastewater Treatment Plant in Rocky River, Ohio; (3) Walker and Smithfield Townships, Pennsylvania; (4) the Elk Pinch Public Service District, Kanawha County, West Virginia; (5) the city of Taylor Mill, Kentucky; and (6) the city of Watsonville, California. Establishes a program of grants to States for establishment of State water pollution control revolving funds for providing assistance to municipalities and intermunicipal and interstate agencies for construction of publicly owned treatment works. Permits the modification of pH levels and the amount of iron and manganese in discharges from remined areas of coal remining operations if such operations provide potential for water quality improvement and use the best available technology. Directs the Administrator to consider the effects of specified factors on the ecosystem when developing water quality criteria, providing an ample margin of safety to protect human health and fish and wildlife resources. Directs the Administrator to publish a description of significant differences of opinion concerning a pollutant. Reduces the time in which the Administrator must promulgate guidelines establishing test procedures for the analysis of pollutants. Authorizes the Administrator to establish a single compliance date for pretreatment standards for a source subject to more than one if to do so would result in earlier total compliance and the use of compatible technologies. Extends the deadline for compliance with electroplating pretreatment standards. Directs the Administrator to maintain adequate personnel to implement pretreatment requirements. Authorizes a two-year extension for a treatment works to comply with a categorical pretreatment standard if it uses an innovative treatment system which has potential for industry-wide application and the treatment works can still comply with the terms of its permit. Revises criminal penalties. Adds civil penalties for specified violations. Revises the Clean Lakes Program to include saline as well as fresh water lakes. Directs the Administrator to make grants to State for priority projects for control of nonpoint sources of pollution contributing to the degradation of water quality in lakes. Adds provisions for grants to States to carry out approved methods and procedures to restore water quality which has deteriorated as a result of high acidity which may be due to acid deposition. Limits the amount of grants to 80 percent of costs. Requires such funds to be distributed on the basis of need. Authorizes appropriations for FY 1985 through 1989. Directs the Administrator to report annually to specified congressional committees on the status and trend of water quality in lakes in the United States. Directs the Administrator to study water quality problems in Lake Houston, Houston, Texas, and undertake control measures to improve water quality. Directs the Administrator to report to specified congressional committees on such study and measures. Authorizes appropriations. Directs the Administrator to: (1) conduct a one-year comprehensive study of the Beaver Lake, Arkansas; (2) undertake a demonstration project for measures identified in such study for preserving and enhancing the reservoir's water quality; and (3) report, with recommendations, on such study and project to specified congressional committees. Makes specified funds available for such purposes. Directs the Administrator to undertake demonstration projects for specified cleanup operations for the following New Jersey bodies of water: (1) Greenwood Lake and Belcher Creek; (2) Deal Lake; and (3) Alcyon Lake. Directs the Administrator to report on such projects to specified congressional committees. Authorizes appropriations. Expands from five to ten years the permit term under the National Pollutant Discharge Elimination System (NPDES) unless a permit modifies specified requirements or the applicant has not consistently complied with any NPDES permit held by such applicant. Requires that such permits be modified promptly to insure compliance with any new or revised effluent limitation for toxic pollutants or any new or revised requirement pursuant to water quality standards established under specified provisions of the Clean Water Act which is more stringent than those in the existing permit. Prohibits the Administrator from requiring an NPDES permit for discharges of stormwater runoff from mining operations or oil or gas operations composed entirely of flows which are from conveyances or conveyance systems used for collecting and conveying precipitation runoff and which are not contaminated with process wastes, overburden, raw materials, toxic pollutants above natural background levels, spilled product, hazardous substances, or oil, or grease. Requires any person discharging such stormwater runoff to monitor the quality of water in such flows and report at least annually to the Administrator on the results of such monitoring. Prohibits the Administrator from requiring additional pretreatment by a discharger of conventional pollutants when its publicly-owned treatment works is not meeting NPDES permit requirements because of inadequate design or operation. Authorizes a partial NPDES permit program covering a portion of the discharges into the navigable waters in such State if it covers administration of a major category of such discharges or a major component of the State's NPDES permit program. Provides that a State may return, or the Administrator may withdraw approval of, delegated NPDES permit program responsibilities. Authorizes the Administrator to make a grant to the city of New York to install additional facilities and make modifications necessary for the Newtown Creek sewage treatment plant to provide secondary treatment. Limits the grant to 75 percent of costs. Authorizes appropriations. Directs the Administrator to make grants to the city of San Diego, California, for construction of a project consisting of publicly owned treatment works to provide primary or advanced treatment of municipal sewage and industrial waste for the city of Tijuana, Mexico, and for San Diego. Directs the Administrator to make grants to the county of Cochise, Arizona, for construction of a project consisting of publicly owned treatment works in Naco, Arizona, to provide primary or more advanced treatment of untreated sewage emanating from the city of Naco, Sonora, Mexico and municipal sewage or industrial waste from Naco, Arizona. Authorizes appropriations. Imposes a cap on raw sewage discharges from the drainage areas of the North River plant, Manhattan, New York, and the Red Hook Plant, Brooklyn, New York, into navigable waters (the Hudson-Raritan Estuary) if New York City fails to meet the deadlines for achieving advanced preliminary treatment contained in the consent decree of December 30, 1982 (August 1, 1986, for the North River plant; August 1, 1987, for the Red Hook plant). Permits the Administrator to raise such cap for seasonal variation or so-called acts of God. States that violations of these requirements shall be considered violations of the the Clean Water Act as well as of the consent decree. Expresses the sense of Congress that the Administrator should not agree to any further modification of the advanced preliminary treatment schedule in the consent decree. Directs the Administrator to work with New York City, implement monitoring activities for both plants, and commence enforcement actions in the event of unexcused violations. Directs the Administrator to make grants to the Metropolitan District Commission, Massachusetts, for a project to undertake emergency improvements at the Deer Island Waste Water Treatment Plant in Boston, Massachusetts. Limits the Federal share to 75 percent of costs. Authorizes appropriations for FY 1985 through 1987. Directs the Administrator to pay, in the same proportion as the Federal share of other project costs, all expenses for the relocation of facilities for the distribution of natural gas with respect to the entire wastewater treatment works known as Oakwood Beach and Red Hook projects, New York. Authorizes appropriations. Directs the Administrator to remove raw sewage discharged into Brady's Run and the Beaver River, Pennsylvania, resulting from the destruction of the Chippewa Township, Pennsylvania, sewage treatment facility. Directs the Administrator to study the feasibility and desirability of eliminating the regulation of de minimus discharges of pollutants into navigable waters. Directs the Administrator to report on such study to specified congressional committees within one year after enactment of this Act. Directs the Administrator to study the effectiveness of specified innovative and alternative wastewater treatment processes and techniques which have been used in treatment works constructed under the Clean Water Act. Directs the Administrator to report within two years on such study to specified congressional committees. Directs the Administrator to study the water quality improvements which have been achieved by application of best available technology economically achievable pursuant to specified provisions of such Act, to reporting to specified congressional committees within two year after the enactment of this Act. Directs the Administrator to study the testing procedures for analysis of pollutants established under specified provisions of such Act. Directs the Administrator to report, on such study to specified congressional committees within one year after the enactment of this Act. Directs the Administrator to conduct biennially a state-of-the art review of such test procedures to determine their adequacy and effectiveness. Directs the Administrator to submit to such congressional committees recommendations based on such review for modifying such test procedures to improve their effectiveness. Directs the Administrator to study the pretreatment of toxic pollutants and report to the appropriate congressional committees within two years after enactment of this Act. Directs the Administrator to study the problem of the corrosive effects of sulfides in collection and treatment systems, the extent to which the uniform imposition of categorical pretreatment standards will exacerbate this problem, and the range of available options to deal with the effects. Requires that such study be conducted in consultation with the Los Angeles City and County sanitation agencies which have observed examples of corrosion probably caused by sulfides. Directs the Administrator to report on such study to specified congressional committees within one year after enactment of this Act. Authorizes appropriations. Authorizes the Administrator to make grants to provide alternate water supplies to replace contaminated groundwater. Makes owners or operators of a public water system or units of local government eligible for such assistance. Limits the Federal share of costs to 50 percent, also limiting the maximum amount of any one grant and total grants within a State. Directs the Administrator to report annually to Congress on such grants program, including information on the sources and extent of groundwater contamination and the number of people affected. Authorizes appropriations for FY 1986 through 1988. Authorizes the Administrator to make a grant of 75 percent of construction costs to the city of Des Moines, Iowa, for construction of the Central Sewage Treatment Plant. Authorizes appropriations. Authorizes the Administrator to make a grant to the San Diego Water Reclamation Agency, California, to demonstrate innovations in wastewater reclamation. Authorizes appropriations. Revises the meaning of the phrase "discharge of any pollutant into marine water." Requires as new conditions for the modification of treatment requirements with respect to the discharge of pollutants from a publicly owned treatment works that an applicant for such modification demonstrate that: (1) in the case of a treatment works serving a population of 50,000 or more, there is in effect a specified pretreatment program for toxic pollutants introduced into such works for which there is no pretreatment requirement in effect; and (2) the effluent which is discharged from such works is receiving primary treatment and meets the criteria for water quality established by the Administrator. Directs the Administrator to convene a management conference if the attainment or maintenance of water quality in an estuary requires the control of sources of pollution in more than one State. Requires that an interstate agency be the lead agency if it has jurisdiction over all or a significant part of the estuary. Directs the Administrator to give priority consideration to: (1) Long Island Sound; (2) Buzzards Bay, Massachusetts; (3) Delaware Bay, Delaware and New Jersey; and (4) Albemarle Sound, North Carolina. Prohibits convening such a conference before a final adjudication has been made in any pending State boundary dispute involving the estuary. Requires a management conference to provide for the implementation of a master plan addressing the pollution problems of the estuary involved. Authorizes the Administrator to make grants to States participating in such a management conference equal to 50 percent of their implementing costs. Authorizes appropriations for FY 1984 through 1988. Authorizes appropriations to the Administrator for FY 1984 through 1988 for: (1) administrative expenses; (2) plan development grants; and (3) implementation monitoring. Directs the Administrator to continue the Chesapeake Bay program and to establish and maintain in the EPA an office of Chesapeake Bay Programs to: (1) collect and disseminate research and other information on the environmental quality of the Bay; (2) coordinate Federal and State research efforts; (3) conduct research on sediment deposition in the Bay; and (4) conduct research on how environmental changes impact on the living resources of the Bay, with particular emphasis on the impact of pollutant loadings. Directs the Administrator to make a grant to implement management mechanisms in the plan if the State has approved and committed to implement all or substantially all aspects of the plan. Requires a State or combination of States, in order to qualify for such grants, to submit a plan for proposed abatement actions and estimated costs for the approval of the Administrator. Limits such grants to 50 percent of the plan implementation costs. Limits administrative costs. Requires States to submit progress reports biennially to the Administrator for transmittal to the Congress. Directs the Administrator to make a grant to assess the principal factors having an adverse effect on the environmental quality of the Narragansett Bay in conjunction with developing and implementing a management program to improve such Bay's water quality. Limits such grants to 50 percent of the program implementation costs. Requires a State to submit a description of the proposed program for Administrator approval, demonstrating that it will: (1) establish a committee to provide advice on design and implementation of a management program and to coordinate communication on issues affecting such Bay's water quality; (2) review and coordinate Federal and State water pollution abatement programs; (3) establish methods for improving sampling data collection and a system for collecting, analyzing, storing, and disseminating such data; and (4) develop and implement water quality management practices and measures to reduce pollutant loadings in such Bay. Requires States to submit annual progress reports to the Administrator. Authorizes appropriations for FY 1985 through 1988 for such Chesapeake and Narragansett Bays programs. Sets forth provisions relating to the New York and New Jersey Harbor area. Directs the Administrator to: (1) collect and make available information on the environmental quality of the Harbor; (2) coordinate Federal and State improvement efforts; and (3) determine the impact of environmental changes on the living resources of the Harbor and on adjacent coastal areas, with particular emphasis on the impact of certain pollutant loadings. Directs the Administrator to make a grant to implement the management mechanisms contained in an interstate management plan for such Harbor. Allows an affected State or States to submit for Administrator approval such a plan, including the estimated cost of the proposed abatement actions. Limits the grant to 50 percent of implementation costs. Limits administrative costs. Requires such States to submit biennial progress reports on the implementation of such plans for transmittal to the Congress. Authorizes appropriations for FY 1985 through 1988. Authorizes the Administrator to undertake a study on consumptive uses of Great Lakes water, focussing on control measures which would reduce the quantity of water consumed without adversely affecting the projected growth of the region. Requires that such study include an analysis of both existing and new technology, including assessments of water quality assessment methodologies, the economic and environmental affects of manufacturing uses, and regulation of such uses. Authorizes appropriations. Grants an exception for certain publicly owned treatment works to a time limitation relating to an application for a permit modification for less than secondary treatment involving an ocean discharge. Designates the Great Lakes National Program Office of EPA as the Great Lakes International Coordination Office to coordinate international (Canada), Federal, State, and local actions aimed at improving Lake water quality. Authorizes appropriations for FY 1986 through 1990. Authorizes appropriations for FY 1985 to carry out water quality studies of the Great Lakes under the Act. Directs the Administrator to submit annually to Congress a comprehensive assessment of the planned efforts to be pursued in the succeeding fiscal year for implementing the Great Lakes Water Quality Agreement of 1978 and another annual report assessing the progress of the previous year. Directs the Administrator to research the harmful effects on the health and welfare of persons caused by pollutants in water, especially the bioaccumulation of these pollutants in aquatic species and any reduction in the value of aquatic industries. Authorizes appropriations for FY 1985 through 1988. Directs the Administrator to carry out and report to the appropriate congressional committees on a demonstration program to restore the biological integrity of acidified lakes and watersheds through liming. Authorizes appropriations. Authorizes the Administrator to make a grant to Seattle, Washington, to construct secondary treatment works. Limits such grant to 75 percent of costs. Authorizes appropriations. Directs the Administrator to make grants to States for groundwater quality protection activities. Limits such grants to 50 percent of costs. Authorizes appropriations for FY 1985 through 1989. Directs the Administrator to prepare a study-report for specified congressional committees on the feasibility of achieving compliance with specified environmental standards using the best practicable technology for the Alaska Lumber and Pulp Company, Sitka, Alaska, and the Louisiana-Pacific Corporation, Ketchikan, Alaska. Establishes the National Ground Water Commission to examine all aspects of the nation's groundwater. Directs the Commission to report to the President and the Congress on the findings and conclusions of a preliminary study which includes an analysis of the extent of groundwater contamination caused by hazardous and other solid waste, the regions and major water supplies most significantly affected by such contamination, and Commission recommendations for preventive or remedial measures to protect human health and the environment from the effects of such contamination. Terminates the Commission on January 1, 1987. Authorizes appropriations for FY 1985 through 1987. Sets forth provisions concerning turnkey contracts on construction grants for treatment facilities costing less than $8,000,000. Redefines point source to include a leachate collection system. Directs the Administrator to conduct studies to identify existing and potential point and nonpoint sources of pollution, and measures and practices to control such sources of pollution, in the following groundwater systems and aquifers: (1) the groundwater system of the Upper Santa Cruz Basin and the Avra-Altar Basin of Pima, Pinal, and Santa Cruz Counties, Arizona; (2) the Spokane-Rathdrum Valley Aquifer, Washington and Idaho; (3) the Nassau and Suffolk Counties Aquifer, New York; (4) the Whidbey Island Aquifer, Washington; and (5) the Unconsolidated Quaternary Aquifer, Rockaway River area, New Jersey. Directs the Administrator to then prepare a proposed management plan for each such groundwater system and aquifer. Directs the Administrator to submit to Congress an interim and final report on such studies and proposed management plans. Authorizes appropriations. Directs the Administrator to develop a comprehensive master plan for Puget Sound, Washington, recommend priority corrective actions and compliance schedules to address point and nonpoint sources of pollution, and monitor such Sound to determine the effectiveness of such plan. Authorizes the Administrator to make grants to the State of Washington if such State adopts a comprehensive master plan for such Sound. Sets the Federal share at 50 percent of costs. Authorizes appropriations for FY 1985 through 1987. Revises construction grant program provisions under the Clean Water Act to direct the Administrator to make a final decision within 60 days of the filing of an appeal relating to a dispute with respect to the awarding of a contract for construction of treatment works by a grantee. Directs the Administrator to identify those toxic pollutants which may be present in sewage sludge in concentrations which may adversely affect human health or the environment. Directs the Administrator to publish regulations specifying acceptable management practices for sewage sludge containing toxic pollutants and establishing numerical limitations for each such pollutant for each use of or disposal technique for sludge identified. Requires that such management practices and numerical limitations be adequate to protect the public health and environment from any reasonably anticipated adverse effects. Authorizes the Administrator to promulgate management practices or operation standards if it is not feasible to prescribe numerical limitations. Authorizes the Administrator to conduct or initiate scientific studies, demonstration projects, and public information and education projects designed to promote the safe and beneficial use of sewage sludge for restoring abandoned mine sites, conditioning soil for parks and recreation areas, agricultural and horticultural uses, and other beneficial purposes. Authorizes the Administrator to make grants for such studies and projects to State water pollution control agencies other public or nonprofit agencies, institutions, organizations, and individuals. Authorizes the Administrator to collect and disseminate information pertaining to the safe and beneficial use of sewage sludge. Authorizes appropriations.
United States · United States Congress · 3 January 1985
Interstate Banking Act of 1985 - Amends the Bank Holding Company Act of 1956, the Federal Deposit Insurance Act, and the National Housing Act to authorize interstate bank branching among States in which State laws specifically authorize such branching. Requires the President to report to Congress concerning the effect of this Act on the financial, economic, and banking environment. Terminates the amendments enacted in this Act five years after the date of enactment.
United States · United States Congress · 3 January 1985
National Individual Training Account Act of 1985 - Title I: Individual Training Accounts - Establishes the national individual training account program to be administered by the Secretary of Labor and the Secretary of the Treasury in cooperation with the States. Authorizes the Secretary of Labor to enter into agreements whereby States or State unemployment compensation agencies shall: (1) issue and redeem vouchers to pay training and relocation expenses; (2) accept contributions from employees and employers for deposit into individual training accounts and distribute any amount in any such account at such times as any distribution from such account is authorized; (3) provide individual counseling or job and training referral services to any participant in the program; and (4) cooperate with officers of the Federal Government or of any other State in carrying out this Act. Directs the Secretary of Labor, upon the request of a State, to provide information and to detail, on a reimbursable basis, personnel to assist such State in establishing a State individual training account program. Sets forth the duties of the Secretary of Labor and the Secretary of the Treasury in administering the program established by this Act. Sets forth provisions for distributions from individual training accounts. Sets forth provisions for eligible training programs and for certification of such programs by the Secretary of Labor. Sets forth provisions for qualified relocation expenses and for approval of such expenses by the Secretary of Labor. Provides that individual training and related accounts are to be established as separate book accounts in the Unemployment Trust Fund. Title II: Amendments to the Internal Revenue Code of 1954 Relating to Individual Training Accounts - Amends the Internal Revenue Code to revise provisions for approval of State unemployment compensation laws to require that a State have a State individual training account program which has been approved by the Secretary of Labor. Applies such requirement to certifications of such State laws for 1986 and subsequent years. Revises Federal unemployment tax provisions to add requirements relating to State individual training account programs. Revises provisions relating to itemized Federal income tax deductions for individuals and corporations to allow such deductions for employee or employer contributions to individual training accounts made after December 31, 1984. Prohibits any reduction (through an additional credit allowance) in Federal unemployment tax in the case of any large employer which refuses to participate in the national individual training account program. Defines "large employer" as one which during the calendar year employed an average of not less than 25 employees. Makes such denial of reduction applicable to calendar years beginning after December 31, 1986. Appropriates to the Secretary of Labor, for the expense of administering the Federal-State employment service, for each fiscal year ending after January 1, 1986, an amount determined by the Secretary of the Treasury to be equivalent to an unspecified portion of the amounts received in the general fund in the Treasury which are attributable to the operation of such denial of reduction in the unemployment tax rate of such large employers who refuse to participate in the national individual training account program.
United States · United States Congress · 3 January 1985
Continued Access to Group Health Insurance Act of 1985 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to require continuation coverage under group health plans for certain spouses, former spouses, and dependent children of employees insured under such plans. Makes such continuation coverage a requirement for the allowance of a tax deduction for employer contributions to group health plans. Provides that the spouse and dependent children of an insured employee may be entitled to five years of continuation coverage under a group health plan if the insured employee: (1) dies; (2) becomes separated or divorced from his or her spouse; or (3) becomes entitled to Medicare. Makes such coverage available only if it is elected within a specified period by or on behalf of the spouse or child to be covered. Sets forth notification requirements. Sets forth a special rule relating to collective bargaining agreements.
United States · United States Congress · 3 January 1985
African Famine Relief and Recovery Act of 1985 - Title I: Authorizations of Appropriations - Authorizes supplemental appropriations for FY 1985 for famine relief in Africa for: (1) agricultural development programs; (2) international disaster assistance programs; (3) development program operating expenses; and (4) the Migration and Refugee Assistance account of the State Department. Title II: Appropriations - Makes supplemental appropriations for FY 1985 to: (1) the Department of Agriculture for Public Law 480; (2) the Agency for International Development for specified agriculture, rural development, and nutrition programs, for international disaster assistance, and for operating expenses; and (3) the Department of State for migration and refugee assistance. Declares that funds appropriated for Public Law 480, for agriculture, rural development, and nutrition programs (other than funds for rehabilitation and recovery projects), and for international disaster assistance shall be available only for those African countries which suffer from exceptional food supply problems in 1985 due to drought and other calamities. Permits the use of Public Law 480 funds to reimburse certain ongoing famine relief programs. Declares that funds for rehabilitation and recovery projects and for migration and refugee assistance shall be available only to those African countries which have suffered in the last two years from exceptional food supply problems due to drought and other calamities.
United States · United States Congress · 3 January 1985
States that the President should, at the earliest possible date: (1) request Senate advice and consent to ratification of the Threshold Test Ban and Peaceful Nuclear Explosions Treaties; and (2) propose to the Soviet Union the resumption of negotiations toward conclusion of a verifiable comprehensive test ban treaty.
United States · United States Congress · 3 January 1985
Declares it to be the policy of the United States to: (1) renounce the first use of all nuclear weapons; and (2) conclude treaties with all nations renouncing the first use of such weapons.
United States · United States Congress · 3 January 1985
Establishes in the House of Representatives the Select Committee on Narcotics Abuse and Control to conduct continuing oversight and review of the problems of narcotics, drug, and polydrug abuse and control.
United States · United States Congress · 3 January 1985
Establishes in the House of Representatives the Select Committee on Hunger to conduct a continuing comprehensive study of the problems of hunger and malnutrition. Requires an annual report from such committee, including a summary of its activities.
United States · United States Congress · 3 January 1985
Establishes in the House of Representatives the Select Committee on Children, Youth, and Families to conduct a comprehensive study and review of the problems of children, youth, and families.
United States · United States Congress · 3 January 1985
Declares that it is the sense of the House of Representatives that neither the President nor the Congress should impose any import fees on the importation of any crude oil or refined petroleum products.
United States · United States Congress · 3 January 1985
Expresses the sense of the Congress that: (1) Poland should comply with basic human rights agreements to which it is a signatory, such as the Helsinki accords, and initiate a policy of National Reconciliation; (2) the prosecution of those responsible for the death of Father Jerzy Popieluszko should be supported by Poland; (3) human rights monitoring committees in Poland should be supported; (4) the free flow of information on the activities of such committees can improve human rights policies in Poland and the continued improvement of human rights there would better relations between the United States and Poland; and (5) the President should convey Congress' concerns to Polish officials and to U.S. allies.
![Official portrait of Rep. Atkins, Chester G. [D-MA-5]](https://www.congress.gov/img/member/a000226_200.jpg)