United States · United States Congress · 26 June 1985
Expresses the sense of the House of Representatives that the Administrator of the National Highway Traffic Safety Administration should retain the current corporate average fuel economy standard for passenger automobiles.
United States · United States Congress · 21 June 1985
Expresses the sense of the Congress that proposals to repeal provisions of the Internal Revenue Code which allow taxpayers to make designations of payments to the Presidential Election Campaign Fund should not be enacted.
United States · United States Congress · 18 June 1985
Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance to support small-scale agricultural projects in Africa, technical assistance for such projects, and research on such projects. Directs the President to place special emphasis on grants to international and African non-governmental organizations and to U.S. private and voluntary organizations for such projects. Requires the Director of the Administrator of the Agency for International Development (AID) and the Director of the Peace Corps to: (1) assess the opportunities for their agencies to support such projects in Africa; and (2) place a high priority on providing such support. Sets forth requirements for the use of funds made available for such projects. Requires the annual report to the Congress on foreign aid programs to include a report on the implementation of this Act. Directs the Administrator of AID to study and report to the Congress within five years of enactment of this Act on the projects funded pursuant to this Act and their effectiveness in preventing famine. Authorizes appropriations for FY 1986 to carry out this Act.
United States · United States Congress · 13 June 1985
Expresses the sense of the Congress that procurement of the new U.S. weather radar system, NEXRAD, continue on schedule and according to the established minimum requirements agreed to by the National Weather Service, the Federal Aviation Administration, and the Department of Defense.
United States · United States Congress · 6 June 1985
Reproductive Health Equity Act - Amends title XIX (Medicaid) of the Social Security Act, the Indian Health Care Improvement Act, the Peace Corps Act, the District of Columbia Self-Government and Governmental Reorganization Act, and other Federal laws covering armed forces personnel and dependents and Federal employees' health benefits to provide that services related to abortion be made available in the same manner as are other pregnancy-related services under federally funded programs.
United States · United States Congress · 5 June 1985
Establishes the Commission on Improving Defense Procurement. Directs the Commission to: (1) make a comprehensive study and review of all relevant reports, studies, and analyses on defense procurement; (2) carry out such original investigations concerning defense procurement as it considers appropriate; and (3) make recommendations to the President and the Congress on ways to improve the organization, management, and overall economic efficiency of the defense procurement system, including the elimination of waste, fraud, and abusive practices. Sets the Commission's membership at 15 members and provides procedures for appointment. Provides that the Commission members should be appointed not later than 60 days after funds are first made available for operation of the Commission, and requires the first meeting to be held no later than 30 days after the last member is appointed. Requires the submission of a report to the President and the Congress of their findings and recommendations not later than one year after the date of the first meeting of the Commission. Requires copies of such report to be furnished to the Secretary of Defense and the Comptroller General for their comments and recommendations. Provides for the appointment procedures for an Executive Director and staff. Specifies the compensation for the Executive Director and members of the Commission. Sets forth various administrative provisions relating to the Commission. Terminates the Commission 15 days after the submission of certain required reports.
United States · United States Congress · 5 June 1985
Designates the period of October 1, 1985, through September 30, 1986, as the time to reflect on the achievements of the Peace Corps during its 25 years and on ways such programs might be used in the future. Authorizes and requests the President to proclaim this period as a time to honor Peace Corps volunteers and reaffirm the Nation's commitment to such programs.
United States · United States Congress · 4 June 1985
Consumer Banking Act of 1985 - Title I: Expedited Funds Availability Act - Expedited Funds Availability Act - Sets forth time standards for the availability of funds deposited by check in an account of a depository institution, ranging from: (1) immediate availability of funds deposited by a check endorsed only by the person to whom it is issued and drawn on the Treasury or a State or local government; to (2) availability on the third business day following the day funds are deposited by a check drawn on an institution not in the same Federal Reserve district as the receiving institution. Makes exceptions for any check which is drawn on an institution located outside of the United States, deposited into an account other than the account of the payee, or deposited as the initial account deposit or deposited within 30 days of such initial deposit. Allows the Board of Governors of the Federal Reserve System to make other exceptions for checks which present a high risk of serious loss to the receiving institution. Directs the Board to: (1) consider specified proposals for improving the check collection system; and (2) report to the Congress annually on steps it has taken to improve the check clearing process. Permits a State to require, or an institution to establish, shorter time periods for fund availability. Requires each institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by check. Authorizes the Board to publish model disclosure forms and clauses for common transactions. Sets forth limits for the civil liability of an institution which fails to comply with requirements imposed pursuant to this title. Title II: Consumer Access to Depository Institutions - Consumer Access to Depository Institutions Act - Requires every depository institution to make available at all offices where transaction accounts are offered a basic consumer checking account which: (1) a consumer may open with an initial deposit of not more than $25; (2) may not require maintenance of a minimum balance; (3) permits up to eight withdrawals per month by check and five other monthly withdrawals without charge, with limited charges for additional withdrawals or overdrafts; and (4) imposes no charge for account deposits, maintenance, inactivity, balance inquiries, or closure. Requires institutions to provide each consumer with a monthly statement for such an account, and to offer a consumer with such an account the same products or services offered to other consumers. Permits an institution to refuse to open any other transaction account for the holder of a basic consumer checking account. Prohibits an institution from requiring that a consumer have another account at that institution or a credit card before opening a basic consumer checking account, or from imposing any other requirement that would discriminate against low-income consumers. Requires each institution which cashes checks in the ordinary course of business to cash, free of charge, any government check presented by the payee if the payee is registered with the institution. Permits an institution to assess an individual a charge of not more than the actual cost of issuing such individual an identification card. Requires each institution to post a conspicuous notice informing potential account holders of the availability of such basic consumer checking accounts and check cashing services. Sets forth limits for the civil liability of an institution which fails to comply with requirements imposed pursuant to this title. Authorizes a court of competent jurisdiction, upon application by an aggrieved party, to grant necessary equitable and declaratory relief to enforce requirements under this title. Title III: Truth In Depositing Act - Truth In Depositing Act - Requires each depository institution to maintain a schedule of fees, charges, and terms and conditions applicable to each account it offers. Lists among the information to be included statements on: (1) minimum balances required to open or maintain an account (2) maintenance, transaction, overdraft, stop payment, balance inquiry, account closing, and inactive account charges; and (3) the rate of simple interest, deposit period, method of compounding interest, and the annual percentage yield. Requires interest to be computed on the average daily balance during the applicable period. Requires such schedule to be mailed to current account holders and provided to potential customers before an account is opened or a service rendered. Directs the Board to publish standard account schedule forms and clauses for disclosures. Requires an institution to disclose in any periodic account statement its method of determining minimum balances and the actual balance amount used for an account, if the amount of interest paid or charges assessed are affected by a minimum balance requirement. Specifies interest rate information which an institution must disclose in any account advertisement, including: (1) the rate of simple interest and the basis of compounding; (2) the annual percentage yield; (3) time or amount requirements; and (4) applicable fees and penalties. Prohibits an advertisement from referring to an account as free if there is a minimum balance requirement or if the account has any transaction or service limitations. Prohibits inaccurate or misleading advertisements. Sets forth limits for the civil liability of an institution which fails to comply with requirements imposed under this title. Provides for the judicial enforcement of this title. Title IV: Consumer Protection Preemption Act of 1985 - Consumer Protection Preemption Act of 1985 - Requires all federally-chartered depository institutions to comply with all State laws that do not directly conflict with Federal law, and to comply with a conflicting State law unless the Board determines that the State law does not provide greater consumer protection, better promote community reinvestment, or better insure against credit discrimination than Federal law. Excludes from the definition of "State law" any law the principal purpose of which is to ensure the general safety and soundness or the competitiveness of depository institutions. Authorizes the Board to propose a rule determining that a State law or class of State laws is preempted or temporarily preempted. Requires such proposal to be published for public comment in the Federal Register. Provides for the judicial review of such preemption and for judicial enforcement of required compliance with State laws. Title V: Adjustable Rate Mortgage Provisions - Adjustable Rate Mortgage Consumer Protection Act - Amends the National Housing Act and the Federal Deposit Insurance Act to require an institution which receives Federal net worth guarantees or assistance and which offers adjustable rate mortgages (ARMs) on residential property to offer ARMs which: (1) limit the maximum percentage increase in the periodic payment to not more than two-thirds of the average percentage increase in wages for all U.S. workers for the applicable period; and (2) limit percentage increases in the loan balance during any period to not more than one-fifth of the average appreciation rate of homes in the United States, as measured by the Federal Home Loan Bank Board. Directs the Federal National Mortgage Association to offer to purchase such mortgages. Prohibits any federally-insured institution from making an ARM on a one- to four-family residence unless the ARM: (1) restricts increases in the actual or effective interest rate to not more than two percent annually and five percent overall; (2) provides that positive or negative changes in the index in excess of two percent shall be carried over to subsequent years for rate adjustments; and (3) prohibits the loan balance from increasing above the purchase price of the home. Amends the Truth in Lending Act to require a creditor to provide to a borrower a detailed disclosure of the terms of an ARM used in a residential mortgage transaction. Includes among the information to be disclosed: (1) the payments and interest rates that would apply under a specified hypothetical situation with a statement that there is no limit on the mortgage interest rate; or (2) the maximum interest rate, maximum mortgage payment, and the earliest date such maximums could take effect during the first five years of the mortgage; and (3) a conspicuous indication of whether the disclosure constitutes a firm commitment, and if so, how long the commitment will be in effect. Specifies the information that a creditor must include in a written notice to a borrower preceding any change in the periodic payment of an ARM. Prohibits the disclosure of any information on annual percentage rates in connection with any ARM. Title VI: Financial Consumers' Association Act - Financial Consumers' Information and Representation Act - Authorizes the creation of a public purpose, democratically controlled, membership association of financial service consumers in each State where the lesser of one percent of the State's population or 50,000 persons sign a supporting petition. Requires the association to be a nonprofit, nongovernmental entity with the purpose of: (1) promoting the interest of consumers in, and informing consumers about, financial service matters; and (2) distributing association material to low- and moderate-income and minority financial service consumers. Grants an association the authority to: (1) represent the interests of consumers in financial service matters before regulatory agencies, legislative bodies, other forums, and financial service providers; (2) sue on behalf of its members for judicial relief in financial matters; and (3) conduct and assist research in financial service matters. Provides that an association shall be deemed to have an interest sufficient to obtain judicial review or enforcement of a regulatory action affecting the interests of financial service consumers. Prohibits the association from participating in any partisan political process. Authorizes an association to furnish enclosures to any federally insured financial institution doing business in the association's State for inclusion in any account statement mailing of such institution. Permits such an enclosure to describe the association or its activities, to provide membership procedures, or to survey consumers about financial service concerns. Requires an institution, at an association's request, to include such enclosures in up to four account statements per year mailed to each customer who is a resident of the association's State. Sets forth enclosure size and weight restrictions. Requires an association to reimburse an institution for enclosure handling and postage costs. Sets forth provisions concerning settling disputes between an association and an institution concerning such costs or the content of enclosures. Sets forth provisions governing the qualifications, eligibility standards, disclosure requirements, election, terms of office, removal, duties, and compensation of an association's board of directors. Directs the Governor of each State to appoint an interim board of directors which shall incorporate the association and manage its affairs until the first elected board of directors takes office. Prescribes a civil penalty for violations of this title by any financial institution or officer or employee thereof. Title VII: Community Reinvestment Act Amendments of 1985 - Community Reinvestment Act of 1985 - Repeals the Community Reinvestment Act of 1977. Directs a Federal financial supervisory agency, in examining an insured financial institution, to assess the institution's record of meeting the credit needs of its entire community consistent with the safe and sound operation of such institution. Requires such an assessment to be based on specified factors and to place special emphasis on the institution's performance in serving the credit needs of low- and moderate-income areas of the community. Provides that such an assessment shall extend to the records of an institution's holding company, if any, and such company's nondepository subsidiaries in meeting community credit needs. Directs an agency, upon completing an assessment, to prepare a written evaluation of, and assign a CRA rating ranging from #1-excellent to #5-poor to the institution's performance in meeting the credit needs of its community. Specifies requirements for a #1 or #2 rating, including publication of a preliminary evaluation and rating for public comment. Sets forth guidelines for consideration of such CRA ratings by a Federal financial regulator considering whether to grant an insured institution or a holding company with one or more insured subsidiaries approval for a Federal charter, Federal deposit insurance, establishment of a domestic branch, relocation of an office, a merger, a consolidation, or an acquisition with respect to a deposit facility. Requires any institution or holding company seeking such deposit facility approval to publish newspaper notice of such action and to provide for public comment on its performance in serving community credit needs. Directs each appropriate Federal financial supervisory agency to prepare and mail to any requesting person a weekly bulletin listing the regulated institutions which seek deposit facility approval and identifying the deposit facilities. Requires each insured institution to adopt, review annually, and make publicly available a Community Reinvestment Act Statement for each community delineated pursuant to regulations implementing this title. Requires that such Statement include the delination of the community and a list of the types of credit that the institution is prepared to extend within the community. Requires that an application to charter an insured institution include a delineation of the community to be served by the institution. Prohibits a Federal financial regulator from granting deposit facility approval on an interstate basis if the institution seeking approval: (1) is an insured institution or holding company assigned a CRA rating of less than #2 or an insured institution controlled by a holding company that controls any insured institution assigned a CRA rating of less than #2; or (2) has exhibited a pattern of acquiring or chartering institutions or acquiring or opening deposit facilities in a manner that tends to exclude low- and moderate-income areas. Requires a regulated financial institution with assets of $1,000,000,000 or more that seeks approval to acquire on an interstate basis an insured institution with total assets of $100,000,000 or more to submit to the appropriate Federal financial supervisory agency a community reinvestment plan describing how the applicant plans to serve the credit needs of the broader community of the target institution. Prohibits a Federal regulator from approving such acquisition: (1) unless such plan contains specific commitments to serve community credit needs commensurate with the volume of deposits that the applicant would control; or (2) if the applicant has failed to vigorously implement any previous commitments. Conditions approval of the interstate acquisition of an insured institution with assets of $1,000,000,000 or more by any regulated financial institution on commitments by the acquiring institution that the target institution will annually disclose specified information on loans originated within its home State and within low- and moderate-income areas within its home State. Limits investment in real estate equity, otherwise permitted by Federal or State law, based on the CRA rating of the institution involved. Directs the Federal Deposit Insurance Corporation (FDIC) and the Federal Savings and Loan Insurance Corporation (FSLIC) to separately establish a system of CRA rebates in order to reward insured institutions for excellent performance in serving the credit needs of their local communities. Requires such systems to provide for annual payments of rebates to insured institutions with #1 CRA ratings and annual collections of assessments from institutions with CRA ratings of #3, #4, or #5. Requires one-third of the interest paid by the Federal Reserve System on any insured institution reserves to be credited to a Supplemental CRA account. Directs the FDIC and FSLIC to use all funds credited to such account to pay Supplemental CRA rebates to insured institutions with #1 and #2 CRA ratings. Requires each appropriate Federal financial supervisory agency to include in its annual report to the Congress an outline of actions taken pursuant to this title. Title VIII: Equal Access to Financial Services Act - Equal Access to Financial Services Act - Prohibits any depository institution from adopting or maintaining policies, practices or standards that discriminate in the availability or terms of financial services unless such policies, practices, or standards are justified by proof that they are required by reason of safety and soundness or other business necessity. Sets forth limits for the civil liability of an institution which fails to comply with any requirement imposed pursuant to this title. Provides for the judicial enforcement of such requirements.
United States · United States Congress · 23 May 1985
Amends part A (General Provisions) of title XI of the Social Security Act to extend the income and eligibility verification system so as to require an applicant or benefit recipient, as a condition of eligibility for or receipt of benefits under part A (Aid to Families with Dependent Children) of title IV of such Act, title XVI (Supplemental Security Income) of such Act, title XIX (Medicaid) of such Act, the food stamp program, or the unemployment insurance compensation program, to declare in writing whether or not he or she is a U.S. citizen, and, if a U.S. citizen his or her immigration status and file number. Requires the Commissioner of Immigration and Naturalization to implement a verification system of immigration status to be made available to all States by October 1, 1985.
United States · United States Congress · 23 May 1985
Haym Salomon Memorial Act of 1985 - Authorizes the American Jewish Patriots and Friends of Haym Salomon to place in the Capitol Building or on the Capitol Grounds a statue of Haym Salomon, a revolutionary war patriot of Polish and Jewish background. Authorizes such organization to also erect a monument to Haym Salomon on Federal land in the District of Columbia. Subjects the selected site, design, and plans for the memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission.
United States · United States Congress · 22 May 1985
Federal Pesticide Reform Act of 1985 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to require a person defined as a "certified applicator" to have undergone pesticide safety training. Requires pesticide ingredient statements to list inert as well as active ingredients. Eliminates from the definition of "misbranded" the provision relating to an unregistered pesticide manufactured in the United States solely for export. Defines "data gap" and "adverse reproductive effect" for purposes of this Act. Requires the registration of pesticides intended for export. Permits public access to pesticide application information before a final registration decision has been reached. Prohibits the registration of a pesticide having an adverse reproductive effect. Restricts the use of conditional registration. Requires public access to supporting data for any such registration. Repeals the interim administrative review provision which required a validated test or other significant evidence of adverse effect before initiation of a formal agency review. Establishes a timetable for the registration of pesticides which have not been reregistered since September 30, 1978, and which: (1) are used on food crops or remain as residues in potable ground water; (2) have significant data gaps; or (3) cause mutagenic effects. Requires specified additional data on inert ingredients. Prohibits registration of a pesticide containing an inert element which either by itself or in combination causes harmful environmental effects. Directs the Administrator of the Environmental Protection Agency (EPA) to develop a comprehensive plan for evaluating inert ingredients. Subjects information concerning the toxicity of inert ingredients to specified disclosure provisions. Requires a registrant to disclose EPA information regarding any adverse effects (human or environmental) of a pesticide. (Currently the disclosure standard is unreasonable environmental effects.) Directs the Administrator to initiate a cancellation hearing if materially false, misleading, or inaccurate supporting information has been submitted on behalf of a pesticide registration or residue tolerance. Directs the Administrator to issue a notice of intent to cancel, or to hold a cancellation hearing, based upon a pesticide's substantial question of safety. Permits any member of the public to initiate a cancellation hearing. Revises cancellation hearing provisions, including: (1) giving the parties a right to participate; and (2) setting specific time limits for hearing dates and determinations. Prohibits the reregistration of canceled, suspended, or withdrawn pesticides under conditional registration, experimental use, or special local need categories unless: (1) there is no available alternative; (2) there is a threat of significant infestation damage; and (3) data is available supporting the pesticide's effectiveness against such infestation. Sets forth additional health and safety information for the Administrator to collect and make public regarding pesticide manufacturing plants. Subjects pesticide exporters to recordkeeping requirements under such Act. Provides for the disclosure of pesticide intermediary chemicals. Repeals the prohibition on disclosure of health and safety information to foreign or multinational producers. Requires commercial applicators to maintain pesticide spraying records. Requires specified activities to reduce pesticide drift. Prohibits the use in foreign countries of U.S.-submitted registration or licensing data. Makes it unlawful to: (1) fail to disclose findings of additional risk; and (2) violate EPA regulations. Repeals the provisions requiring Federal indemnification of holders of canceled or suspended pesticides. Provides a private right of action for violations of such Act. Prohibits the export of a pesticide whose U.S. registration has been canceled or withdrawn unless: (1) the exporter notifies the Administrator regarding quantity and destination; and (2) the Administrator has received a request for such pesticide from such country (after having provided such country with the appropriate data regarding the pesticide's cancellation). Prohibits the importation of agricultural commodities with detectable residues of U.S.-prohibited pesticides. Authorizes the Administrator to provide foreign countries with technical assistance to develop pesticide research and regulatory programs. States that in exercising any authority under such Act, the Administrator shall not be preempting Department of Labor authority under the Occupational Safety and Health Act of 1970. Places additional requirements on applications for special local needs registrations. Authorizes EPA to establish and enforce standards for indoor pesticide residues. Authorizes the Administrator to change pesticide use classifications or package labeling. Directs the Administrator to: (1) establish a worker health and safety program; (2) establish within EPA's Office of Pesticide Programs a separate administrative unit responsible for pesticide workers' health and safety; and (3) issue pesticide worker safety regulations. Directs the Administrator: (1) upon detection of pesticide groundwater contamination to notify the affected State and each registrant of such pesticide; and (2) to issue a notice of intent to cancel such pesticide's use registration unless the affected State acts to control further contamination or the registrant amends such use. Requires the imposition of registration fees sufficient to run the registration program. Protects employees from being dismissed or penalized for reporting violations of such Act.
United States · United States Congress · 21 May 1985
Defense Procurement Conflict of Interest Act - Prohibits a former officer or employee of the Department of Defense (DOD) or former retired member of the uniformed services from accepting compensation from a Government contractor for two years following the individual's separation from Government service if, during the two years preceding separation from service, such individual had significant responsibilities for a procurement function with respect to that Government contractor. Specifies penalties for violations of this prohibition. Requires defense contractors to include in defense contracts a provision stating that the contractor agrees not to compensate an individual who falls under such category. Specifies penalties for a contractor's violation of this requirement. Requires contractors subject to such a contract term to issue an annual report listing specified information concerning individuals who had significant responsibilities for a procurement function, left Government within the previous two years, and were compensated by that contractor after leaving Government service. Requires a copy of each such report to be sent to the Inspector General of DOD. Requires the Inspector General to assess such reports and report any possible violations to the Attorney General. Provides penalties for those contractors failing to file such reports. Requires the Director of the Office of Government Ethics to have access to such reports and to submit an annual report to the Congress concerning such reports. Excludes from application of these sections those contracts for an amount less than $100,000. Requires the Secretary of Defense, not later than 180 days after enactment of this Act, to delineate the procurement functions covered by these sections and provide a list of such functions to the Congress. Allows an individual who is offered compensation which might be in violation of this Act to apply to the Director of the Office of Government Ethics for advice on the applicability of this Act to the acceptance of such compensation. Requires such application to be made jointly by the individual and the contractor proposing the compensation. Outlines information to be included in such application for advice. Requires the Director to publish notice of the application in the Federal Register.
United States · United States Congress · 21 May 1985
Superfund Expansion and Protection Act of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to include among hazardous substances subject to such Act any petroleum released from an underground storage tank. Includes pollutants and contaminants under Superfund, defining them as any substance which after release into the environment causes disease or abnormalities upon exposure or assimilation, either directly or through the food chain. Excludes petroleum and natural gas except as otherwise indicated under CERCLA. Redefines "release" to include the abandonment of containers containing hazardous substances or pollutants, or contaminants. Includes within remedial action the offsite transport and treatment and storage of hazardous substances and associated contaminated materials. Includes within removal costs the costs of permanent relocation of residents, business debt installments during the evacuation period, and assistance for lost wages. Directs the Administrator of the Environmental Protection Agency (EPA) to establish reportable quantities for all hazardous substances within six months of this Act's enactment. Requires the Administrator to conduct periodic audits of reported releases and report to the Congress at least annually on such audits. Directs the Administrator to give primary attention to those releases which may present a public health threat. Permits the Administrator to authorize cleanup by the responsible party if the Administrator determines it will be done properly. Prohibits the Administrator from providing removal or remedial actions for releases or threatened releases which are the product of naturally occurring processes, are in a facility of which such substance forms a structural part, or are the result of ordinary use deterioration in a drinking water system. Permits the Administrator to respond despite such prohibition if a public health or environmental emergency exists and no other authority can respond in a timely and competent fashion. Requires removal actions undertaken by the Administrator to contribute to any long-term remedial action necessary for a release or potential release. Requires the Administrator to assess the health effects associated with such release. Exempts response action contractors from liability for any damages caused by a release in the absence of negligence. Limits the 50 percent State cleanup obligation to those facilities which are both owned and operated by the State. Credits States with expenditures made at National Priorities List (NPL) sites on cost-eligible response actions. Revises other State cost-sharing measures. Requires the Administrator to select appropriate cost-effective remedial actions in accordance with the National Contingency Plan, (NCP). Requires remedial actions selected to provide permanent solutions when feasible. Requires the Administrator to provide interim measures which protect human and environmental health until a permanent solution becomes feasible. Requires these Interim Category sites on the NPL to be reviewed at five-year intervals for removal to the NPL when a feasible, permanent solution is possible. Requires a standard of control at least as strict as that provided by any other applicable Federal environmental law such as the Clean Water Act. Requires onsite disposal to be in compliance with the relevant provisions of the Solid Waste Disposal Act. Requires offsite disposal to be made only at facilities in compliance with such Act. Permits the waiver of such requirements as specified. Grants EPA employees or contractors the necessary access to facilities and information to determine if the need for a response action exists. Requires the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to develop toxicological profiles for at least 100 hazardous substances, assessing the current state of knowledge of their deleterious effects. Sets forth a schedule for developing such profiles, funding the process out of Superfund monies. Prescribes a cleanup schedule for Superfund, requiring an evaluation by January 1, 1987, of sites on the Emergency Response and Remedial Investigation System (ERRIS) list for possible inclusion on the NPL. Sets a schedule for the conduct of remedial investigations and feasibility studies (RIFS) for NPL sites, requiring the commencement of remedial action at a rate of not fewer than 150 facilities per year. Requires completion of remedial action within five years of this Act's enactment, requiring published explanations of noncompletions. Directs the Administrator to revise the National Contingency Plan (NCP) within 18 months to reflect this Act's amendments. Authorizes individuals to petition the Administrator for a preliminary assessment of a hazardous substance release. Includes human food chain damage and contamination of the ambient air as factors in the hazard ranking system. Eliminates the requirement that the NPL contain at least 400 sites. Permits a State to designate its highest priority facility on the NPL only once. Directs the Administrator to revise abatement action provisions to comply with this Act. States that there is no judicial review of abatement action orders other than orders enforcing such orders or recovery of penalties and punitive damages. Prohibits the subsequent storage of a hazardous waste at a solid Waste Disposal Act site if such waste has leaked sufficiently to require an abatement action and a certain density of population has been or may be affected. Makes certain investigatory and assessment costs recoverable from the responsible party. Exempts from liability for all but negligent actions of government agencies responding to a hazardous substance emergency. Prohibits the Attorney General from representing any Federal agency other than EPA who may be a defendant in a civil environmental action brought by EPA. Presumes the validity of federally- or State-run lab tests. Permits apportionment of damages among parties. Makes liability for abatement actions strict, joint, and several. Permits defendants to bring contribution actions against other, potential defendants. Makes a party to a judically-approved settlement not liable for claims for contribution. States that cleanup costs incurred in a response action constitute a Federal lien against the property of a responsible party. Sets forth evidentiary requirements for establishing financial responsibility. Permits direct action against a financial guarantor if the person liable is financially or physically unavailable for redress. Entitles such a guarantor to all rights and defenses available to the liable party. Limits the liability of such guarantor to its financial responsibility to the responsible party. Authorizes appropriations to the Hazardous Substance Superfund of not more than $2,020,000,000 for each of FY 1986 through 1990. Authorizes $250,000,000 out of general revenues. Prohibits the use of Superfund monies to satisfy claims for natural resources damage. Requires the Inspector General to audit annually the use of Superfund monies. Requires claims for response costs to first be made to the responsible parties or financial guarantor. Sets forth procedures for claim payment. Establishes a three-year statute of limitations for the initiation of actions for contribution for recovery claims for damages to natural resources. Establishes a six-year statute of limitations for cost recovery actions setting forth special rules for minors and incompetents. Requires the promulgation of natural resource assessment damage claims regulations within six months of this Act's enactment. Authorizes nationwide service of process under CERCLA. Authorizes a State to require contributions to a fund to pay the costs of hazardous substance response actions or damages. Requires the Administrator of EPA to provide a reasonable opportunity for public comment on any proposed plan for remedial action before it is implemented. Requires the Administrator to publish an explanation of any divergences from such plan or public comments. Authorizes the Administrator to make assistance available to affected individuals to help them evaluate and assess technical information and data. Authorizes individuals to petition the Administrator of EPA for a health assessment of a site where evidence of human exposure to hazardous substances exists. Requires the Administrator to either initiate a health effects study or publish an explanation of a determined lack of significant risk. Requires the Administrator to provide alternative household water, relocate individuals, or take such measures as may be necessary to eliminate the risk. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored for one year or more. Holds responsible parties strictly, jointly, and severally liable in State court actions for personal damages caused by exposure to any hazardous substance release. Establishes a three-year statute-of-limitations for such actions, setting forth special rules for minor and incompetents. Title II: Miscellaneous Provisions - Authorizes citizen suits against violators of this Act, including the Administrator and other government officials who have failed to perform nondiscretionary duties. Permits citizen suits against nongovernment officials in the Federal district court in which the violation occurred. Permits citizen suits against any Federal official only in U.S. District Court for the District of Columbia. Empowers such courts to impose civil penalties and to order the performance of required acts. Requires plaintiffs to give notice to the Administrator, the alleged violator, and the State in which the violation occurred before commencing proceedings. Prohibits citizen suits where the Administrator has commenced and is pursuing an enforcement action. Permits the awarding of court costs to the substantially prevailing party. States that the United States may intervene as a matter of right in all citizen suits to which it is not otherwise a party. Requires the Administrator to commence a study on the adverse effects of drilling fluids, produced waters, and other wastes associated with the production of crude oil or natural gas on human health and the environment within six months of this Act's enactment. Requires the Department of Transportation to promulgate regulations requiring shippers to notify transporters whenever hazardous substances are offered for transport. Increases criminal penalties and adds certain civil penalties for violations of this Act, including failure to provide accurate information at specified times. Requires the Federal Government to provide assurances that it will pay a share of the remedial action and maintenance costs of a cleanup on Indian lands that is otherwise required to be made by a State. Authorizes Indian tribes to recover damages for injury to natural resources from hazardous substance releases, except as specified. Includes Indian tribes on the same basis as States under certain provisions of CERCLA. Terminates the Post-closure Liability Trust Fund's responsibility to fund the cleanup of already closed sites where hazardous waste was stored in compliance with the Solid Waste Disposal Act. Title III: Community Right to Know and Emergency Planning - 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 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 of 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 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. 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 potentially covered major manufacturers. Exempts those whose emergency activities are sufficiently covered under other Federal or State law. 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. Title IV: Internal Revenue Code Provisions - Imposes taxes of $1,077,000,000 for each of FY 1986 through 1990 for deposit in the Hazardous Substance Response Trust Fund.
United States · United States Congress · 16 May 1985
Amends title XVIII (Medicare) of the Social Security Act to provide coverage for therapeutic shoes for individuals with severe diabetic foot disease, if the shoes are prescribed by a physician and fitted and furnished by a certified orthotist. Limits such coverage to one pair of shoes annually and $375 annually.
United States · United States Congress · 15 May 1985
Fairness in Alcohol Advertising Act of 1985 - Amends the Communications Act of 1934 to prohibit any radio or television licensee from broadcasting any alcoholic beverage advertisement unless equivalent time is made available for the broadcasting by responsible spokespersons of programming regarding the adverse effects of alcoholic beverage consumption and misuse. Provides that such programming shall not be taken into account in determining the extent to which any broadcast station is operating in the public interest, convenience, and necessity. Requires a cable system operator to meet such an equal time requirement with respect to alcoholic beverage advertisements on programming subject to such operator's editorial control.
United States · United States Congress · 14 May 1985
Directs the Secretary of the Treasury to: (1) retire all circulating U.S. notes of the denomination of $100; (2) issue new notes in such denomination; and (3) provide a ten-day period for the exchange of the circulating notes for the new notes. Requires the name, address, and social security or Federal employer identification number of any holder who exchanges $5,000 or more in notes to be forwarded to the Department of the Treasury.
United States · United States Congress · 9 May 1985
Expresses the sense of the House of Representatives that the United States should ratify the Convention on the Prevention and Punishment of the Crime of Genocide. Declares that the House will act expeditiously to implement this legislation.
United States · United States Congress · 8 May 1985
Procurement Integrity Act of 1985 - Amends the Federal Property and Administrative Services Act of 1949 to provide that a civil action may be brought by an individual or by the United States against: (1) any person who submits any false cost or pricing datum in connection with a Government contract and who knew or should have known that such datum, was false; and (2) the chief executive officer of any prime contractor or subcontractor that submits any false cost or pricing datum if such officer knew or should have known that such datum was false. Provides that any person against whom a judgment is rendered in such a civil action shall be liable to the Government for: (1) a civil penalty of not more than $500,000; (2) two times the amount of the damage sustained by the Government because of such false datum; and (3) the costs of such civil action. Allows similar civil actions and provides for identical penalties in connection with military procurement contracts. Subjects to criminal penalties for the filing of false, fictitious, or fraudulent claims any person or the chief executive officer of a prime contractor who submits false cost or pricing datum in connection with a Government contract or a military procurement contract.
United States · United States Congress · 8 May 1985
Major Export Market Trade Equity Act of 1985 - Extends to an otherwise ineligible nonmarket economy country nondiscriminatory treatment (most-favored-nation treatment) during any market year after 1985 if the President determines that: (1) the country either has the potential to become a major export market for U.S. products which nondiscriminatory treatment will enhance, or is already such a market; (2) during the corresponding calendar year that country will not receive nondiscriminatory treatment for its products under any other U.S. law; and (3) during the preceding calendar year that country had a negative trade balance with the United States. Requires the President to determine those nonmarket economy countries eligible for such treatment before the start of each market year after 1985 and to publish a list of such countries in the Federal Register.
United States · United States Congress · 7 May 1985
Allowable Cost Reform Act - Requires that a contract with the Department of Defense for an amount more than $25,000 that is flexibly priced or for which certain cost or pricing data is required must: (1) disallow certain costs; and (2) impose a penalty on a contractor who submits a claim for reimbursement of such a cost. Provides that the following costs are disallowed under such a contract: (1) costs of amusement and social activities; (2) costs incurred to influence action on legislation or appropriation matters pending before the Congress; (3) costs of the defense of any fraud proceeding; (4) fines and penalties imposed for noncompliance with Federal, State, or local laws and regulatons; (5) costs of memberships in any social or dining club or organization; (6) alcoholic beverages; (7) contributions or donations; (8) advertising; and (9) models, gifts, souvenirs, or other memorabilia. Requires the Secretary of Defense to issue regulations concerning the allowability of contractor costs. Requires the Secretary to submit to the House and Senate Armed Services Committees a report identifying: (1) the nature of the proposed changes to be made to current cost principles; and (2) the potential effect of such changes on future requests for reimbursement of contractor costs. Requires the Secretary to allow resolution of challenged expenses by negotiation and settlement. Requires the Secretaries of the military departments and the Directors of the Defense Agencies to prescribe regulations to limit to five years the duty assignment for certain contracting officials to any particular contractor.
United States · United States Congress · 6 May 1985
Immigration Exclusion and Deportation Amendments of 1985 - Amends the Immigration and Nationality Act to make only the following classes of aliens ineligible to receive visas and be permitted admission into the United States: (1) any alien with a communicable disease of public health significance; (2) any alien with a record of behavior or mental impairment that poses a threat to property or safety; (3) any alien convicted of a crime involving moral turpitude, with specified exceptions; (4) any alien convicted of two or more offenses for which the aggregate sentences actually imposed were five years or more; (5) any alien convicted of specified drug violations; (6) any alien who has engaged in terrorist activity against the United States or against a citizen of the United States; (7) any alien who participated in Nazi persecutions; (8) any alien deemed by the Attorney General as a probable security risk for certain specified reasons, including terrorist activity; (9) any alien who is likely to become a public economic burden; (10) any alien seeking to enter the United States for the purpose of performing skilled or unskilled labor, with certain qualified exceptions; (11) any alien who is a graduate of a medical school not accredited by a body approved for such purpose by the Secretary of Education, with certain exceptions; (12) any excluded or deported alien who seeks readmission within one year of the event, unless such readmission is consented to by the Attorney General; (13) any alien seeking to enter the United States by fraud or the willful misrepresentation of a material fact; (14) any stowaway alien; (15) any alien who aids any other alien in illegal entry; (16) any immigrant not in possession of a valid immigrant visa and passport at the time of admission; (17) any nonimmigrant not in possession of a valid passport authorizing the alien to return to the country from which he or she came; and (18) any alien ineligible for U.S. citizenship, including a person who left or remained outside the United States to avoid U.S. military service in time of war or national emergency. Repeals provisions dealing with bond and conditions for admission for permanent residence for retarded, tubercular, and mentally ill aliens. Makes deportable by the Attorney General only those aliens within one of the following classes: (1) any alien who at the time of entry was within one or more of the classes of aliens excludable by then existing law; (2) any alien entering the United States without inspection or at a time and place other than as designated by the Attorney General; (3) any alien admitted as a nonimmigrant who has failed to maintain such status; (4) any alien arriving from a foreign contiguous territory or adjacent islands who has not resided in such territory or islands for at least two years prior to such arrival; (5) any alien convicted of a crime involving moral turpitude committed within five years from the date of entry and who is either sentenced or confined for a term of one year or longer; (6) any alien who at any time after entry is convicted of two or more crimes involving moral turpitude; (7) any alien who at any time after entry is convicted of a violation of certain drug laws; (8) any alien who at any time after entry is convicted under weapons-possession laws; (9) any alien who at any time is convicted on any of various specified loyalty laws (e.g. sabotage, treason and sedition, selective service, etc.); (10) any alien who fails to comply with alien registration laws or foreign agent registration laws; (11) any alien convicted of fraud or misuse of visas or other entry documents; (12) any alien engaging in activity which endangers the public safety or national security, including terrorist activity; (13) any alien who within five years after entry has become a public economic burden; (14) any alien who has engaged in terrorist activity against the United States or against a citizen of the United States; or (15) any alien who participated in Nazi persecutions.
United States · United States Congress · 29 April 1985
Authorizes the Inspector General of the Department of Defense to suspend payments under a contract with the Department of Defense, or revise the schedule for payments under such a contract if the Inspector General determines that: (1) based on audits there have been excessive charges; and (2) other remedies available by law and under the contract are insufficient to eliminate promptly waste, fraud, and abuse with respect to the contract. Allows the Secretary of Defense, in the interest of national security, to overrule such an action by the Inspector General. Requires the Secretary to report to specified committees of the Congress on the reasons for overruling such action.
United States · United States Congress · 29 April 1985
Expresses the sense of the Congress that each State should develop a curriculum for instructing schoolchildren in the history of the Holocaust, including the history of the Nazi rise to power in Germany, the social and economic forces which were the foundations of Nazism, and the resulting horrors which were perpetrated against humanity by the Nazis.
United States · United States Congress · 24 April 1985
Authorizes election agencies to mail voter registration forms, absentee ballots, and certain related materials free of postage. Declares that this Act does not apply to mail matter transmitted under the Federal Voting Assistance Act of 1955 or the Overseas Citizens Voting Rights Act of 1975.
United States · United States Congress · 24 April 1985
Korean War Memorial Act - Directs the Secretary of the Interior to erect and maintain a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. armed forces who served in the Korean War. Subjects the selected site, design, and plans for the construction of such memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission. Authorizes appropriations.
United States · United States Congress · 24 April 1985
Space Weapons Treaty Act - Urges the President to seek the negotiation of: (1) a treaty between the United States and the Soviet Union with respect to mutual and verifiable limitations on the testing, production, deployment, and use of space directed or space based weapons systems; and (2) an agreement with the Soviet Union for a moratorium on the testing of anti-satellite weapons. Directs the President to reaffirm the U.S. commitment to the 1972 Anti-Ballistic Missile Treaty.
United States · United States Congress · 23 April 1985
Authorizes the President, on behalf of the Congress, to present a gold medal honoring George Gershwin to his sister, Frances Gershwin Godowsky, and a gold medal honoring Ira Gershwin to his widow, Lenore Gershwin. Directs the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 18 April 1985
Prohibits any agency of the government from obligating or appropriating funds for the production of lethal chemical weapons. Expresses the sense of the Congress that: (1) the President should intensify efforts to achieve agreement with the Soviet Union and other countries to stop the production, proliferation, and stockpiling of lethal chemical weapons; (2) the Department of Defense should protect the armed forces against the use of lethal chemical weapons in attacks; (3) an agreement with the North Atlantic Treaty Organization must be concluded on the prepositioning of any new chemical weapons; and (4) funding of new lethal chemical weapons is unwarranted in light of the Federal budget deficit.
United States · United States Congress · 18 April 1985
Authorizes the President to call a White House Conference on Library and Information Services, to be held not later than 1989, to develop recommendations for improvement of such services and their public use. Requires that the Conference be planned and conducted by the National Commission on Libraries and Information Sciences. Authorizes the Librarian of Congress, the Director of the National Library of Medicine, and the Director of the National Agricultural Library, upon request, to detail personnel to the Commission. Requires the Conference to submit a final report to the President within 120 days following its close. Directs that the final report be made public, and within 90 days after receipt by the President, transmitted to the Congress with recommendations. Establishes an advisory committee to assist in planning and conducting the Conference. Includes among its appointed members the Secretary of Education and the Librarian of Congress. Authorizes appropriations as necessary.
United States · United States Congress · 4 April 1985
Makes it a Federal criminal offense for any person to possess a readily convertible firearm (a machine gun). Provides for a fine of not more than $250,000 or imprisonment for not more than ten years or both. Establishes an exception regarding the use of such firearm by the United States or by a State or local agency. Allows for a 90-day transition period before the prohibition takes effect. Authorizes the Secretary of the Treasury to purchase during the applicable transition period any such firearm at a price not greater than fair market value. Requires the Secretary to notify persons possessing such firearms of the provisions of this Act.
United States · United States Congress · 4 April 1985
Superfund Expansion and Protection Act of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)(Superfund) to include among hazardous substances subject to such Act any petroleum released from an underground storage tank. Includes pollutants and contaminants under Superfund, defining them as any substance which after release into the environment causes disease or abnormalities upon exposure or assimilation, either directly or through the food chain. Excludes petroleum and natural gas except as otherwise indicated under such Act. Redefines "release" to include the abandonment of containers containing hazardous substances or pollutants or contaminants. Requires the President to consider long-range effects when evaluating the cost-effectiveness of offsite remedial actions. Directs the Administrator of the Environmental Protection Agency to establish reportable quantities for all noncarcinogenic hazardous substances within six months of this Act's enactment and all other hazardous substances by November 1, 1986. Requires the Administrator to conduct periodic audits of reported releases and report to the Congress at least annually on such audits. Increases criminal penalties for failure to notify the Federal Governmentu of a hazardous substance release. Authorizes the Administrator to undertake any response action when faced with a release or threatened release of a hazardous substance unless the Administrator determines the responsible party will take appropriate action. Requires the Administrator to assess the health effects associated with such release or potential release. Exempts from liability for the effects of such release any party performing information or engineering services pursuant to an approved response action. Requires a State to pay 50 percent of the cleanup costs only if the State both owned and operated the polluting facility. Credits States with cleanup costs already dispersed as specified. Requires the Administrator to choose remedial actions which are: (1) consistent with the National Contingency Plan (NCP); (2) cost-effective; and (3) permanent whenever possible. Places facilities for which no permanent solution is technologically feasible on an interim National Priorities List (NPL), such list to be reviewed every five years to determine if a permanent solution has become feasible. Eliminates the requirement that pollutant levels be such as to protect human welfare, leaving the requirement that such levels protect human health and the environment. Requires pollutant levels to comply with the other Federal standards applicable. Specifies under what conditions removal actions must comply with the requirements of the Solid Waste Disposal Act. Entitles Federal and State environmental officials to access to the information and premises of any person who generates, treats, or disposes of hazardous substances for purposes of determining the need for a response action. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to prepare toxicological profiles on the most frequently found or threatening hazardous substances. Entitles the public to participate in the selection of a plan for remedial action. Authorizes the Administrator to provide grants for technical assistance to groups which may be affected by a release from a facility on the NPL. Establishes a schedule for the commencement of remedial investigations and feasibility studies for all facilities on the NPL. Provides for the listing of additional facilities at regular intervals. Requires the commencement of remedial actions at a minimum rate of 200 facilities per year by the start of FY 1987. Requires the Administrator to complete preliminary assessments of all facilities on the Emergency and Remedial Response Information System list by the start of 1987. Requires completion of remedial action for facilities currently on the NPL within five years or requires an explanation of nonperformance. Permits individuals to petition the Administrator for a health effects study where hazardous substances have been removed. Permits Federal authorities to provide the Congress with information on such studies and their conduct without administrative clearance or approval. Authorizes the Administrator to: (1) provide alternative water supplies; (2) relocate individuals; and (3) provide medical care if such studies indicate the necessity of such actions. Requires the Administrator to revise the NCP, consistent with these provisions. Permits an individual to petition the Administrator for a preliminary assessment of a release. Includes damage to the food chain and the ambient air among the factors determining a facility or site ranking under the NCP. Authorizes the Administrator to determine whether and how an individual may object to a nonreviewable abatement action. Includes additional Federal cleanup or abatement activities for which a responsible party would be liable. Requires each Federal agency which may be a defendant under this Act to provide its own counsel rather than the Attorney General. Grants Federally-ordered lab tests the presumption of accuracy. Makes liability strict, joint, and several under this Act for damages and costs resulting from the release and cleanup of hazardous substances. Entitles a defendant to prove such damages are divisible and to seek contribution. Authorizes appropriations for FY 1986 through 1990 for the Hazardous Substance Superfund, earmarking specified amounts for the Leaking Underground Storage Tank Account. Repeals the ability of any party to recover for damages to natural resources caused by a release. Requires an annual audit of the conduct of Superfund, including comparative reports of actions taken in earlier fiscal years. Establishes a statute of limitations of six years after the completion of the response action, regardless of the date of discovery of the loss. Permits a State to require contributions for response costs compensated under this Act. Title II: Federal Cause of Action - Entitles individuals injured by the disposal of a hazardous substance to recover damages from the responsible parties who will be held strictly, jointly, and severally liable. Entitles such individuals to compensation for expenses related to personal injury, economic injury, and limited pain and suffering. States that this Federal cause of action does not preempt State law regarding liability for damages in connection with any hazardous substance. Establishes a three year statute of limitations, running from the date of knowledge of the injury or the date of enactment of this Act. Prohibits dual recovery through worker's compensation or actions filed in a State court and this Act. Permits additional recovery against the source of the disposal for later manifested injuries. Title III: Miscellaneous Provisions - Permits citizen action lawsuits against any party, including the Federal Government, involved with hazardous substances in such a way as may present an imminent and substantial danger to health or the environment or against the President for failure to perform a required duty. Requires potential plaintiffs to give 60 days notice to the appropriate Federal and State officials as well as the alleged violator before commencing an action. Prohibits such action if the Administrator or the State has commenced and is prosecuting a court action already or a settlement has been reached. Permits intervention, as a matter of right. Prohibits citizen actions for the siting or issuance of permit to a hazardous waste disposal facility. Authorizes the Federal district court to award costs to any substantially prevailing party. Permits EPA intervention as a matter of right. Includes the disposal of a pollutant or contaminant under CERCLA only as specified. Directs the Administrator to commence the drilling fluids study required by the Solid Waste Disposal Act within six months of this Act's enactment. Directs the Administrator to select ten to 20 areas to establish and operate for three to five years a victim assistance demonstration program for individuals injured through exposure to hazardous substances. Sets forth application and program criteria and conditions for such grants. Requires such programs to include group insurance benefits for medical treatment and disability. Requires the President to report annually to the Congress on the effectiveness of these programs. Requires participating States to report on such as well. Title IV: Community Right to Know and Emergency Planning - 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 release) 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 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 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 enactment of this Act to develop uniform national mandatory labeling requirements for pipes, storage tanks, or containers not otherwise required to be labeled which would 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 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 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. Title V: Amendments of the Internal Revenue Code to 1954 - Superfund Revenue Act of 1985 - Amends the Internal Revenue Code to increase and extend through FY 1990 the environmental excise taxes on petroleum and specified chemicals. Includes an inflation adjustment for computing the tax on chemicals. Exempts exported chemicals from tax liability. Adjusts special rules for certain chemicals. Imposes a waste end tax on: (1) the receipt of hazardous waste at a qualified hazardous waste management unit; (2) the ocean dumping of such waste; and (3) the export of such waste. Sets increasing, per-ton tax rates on the disposal of such wastes. Sets forth reporting requirements and penalties for violations. Establishes in the Treasury the Hazardous Substance Response Trust Fund. Establishes within Superfund a separate Leaking Underground Storage Tank Account. Directs the Secretary of the Treasury to study the economic impact of the environmental taxes on specified chemicals and report to the Congress on the results by April 1, 1986.
United States · United States Congress · 4 April 1985
Hazardous Waste Reduction Act of 1985 - Amends the Internal Revenue Code to impose a tax on the receipt of: (1) taxable hazardous waste in any qualified hazardous waste management unit; and (2) taxable hazardous waste for export or for disposal in the ocean pursuant to a permit. Provides that the tax rate for all forms of land and ocean waste disposal, except underground injection wells, shall be $20 for each ton of hazardous waste. Provides that the tax rate for each ton of hazardous waste placed in underground injection wells shall be five dollars per ton. Authorizes the Secretary of Treasury to increase the rates of tax on such hazardous waste where the tax revenue falls below projections for any year. Requires the tax to be paid by the owner or operator of the qualified waste management unit at which the taxable waste is received or by the person exporting the taxable hazardous waste or the person holding the permit for transport for ocean disposal. Requires the tax to be paid at the close of the calendar quarter during which the taxable hazardous waste became subject to tax. Imposes a tax of $20 per ton on hazardous waste placed in a facility other than a qualified hazardous waste management unit or pursuant to a permit for export or ocean dumping. Makes the person placing the hazardous material in the facility or location liable for the tax. Provides that such tax will not apply with respect to small quantity generator waste, or with respect to the placement of taxable hazardous waste in any facility, vehicle, or location if such placement is not required to comply with permit, interim status, or manifest requirement under the Solid Waste Disposal Act. Provides that the tax does not apply to the placement of taxable hazardous waste in a vehicle which is required to transport such taxable hazardous waste. Exempts from the tax waste removed from a Superfund site or a closed interim status facility or waste required to be studied. Exempts from the tax qualified wastewater treatment facilities. Provides that the exemption for qualified wastewater treatment facilities shall not apply after November 8, 1988, unless the facility is in compliance with certain minimum technological requirements or meets certain interim status surface impoundments requirements. Permits a tax credit where the taxable hazardous waste is moved from one unit or facility to another. Provides that where the taxable waste is moved from a surface impoundment to an underground injection well, the credit is the difference between the tax on the surface impoundment and the tax on the underground injection. Permits a tax credit for all waste rendered nonhazardous by reason of treatment or conversion within 12 months of receipt at the unit or facility. Prohibits the tax credit for treatment or conversion at a qualified wastewater treatment facility. Prohibits the tax credit for land treatment. Provides that the tax credit will not apply to any treatment or conversion which violates any requirement of Federal or State law relating to the management of hazardous taxable waste. Provides that this tax shall apply for the period from January 1, 1986, through September 30, 1990. Requires every person subject to this tax to keep records, render such statements, make such returns, and comply with such rules and regulations as the Secretary of the Treasury may require. Provides that the revenues from this tax shall be deposited in the Hazardous Substance Superfund. Requires the Secretary of the Treasury to make various reports to the Congress concerning different aspects of this tax on hazardous waste disposal.
United States · United States Congress · 4 April 1985
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide coverage for outpatient occupational therapy services.
United States · United States Congress · 4 April 1985
Renewable Energy and Conservation Transition Act of 1985 - Title I: Extension of Business Energy Credits - Amends the Internal Revenue Code to extend the energy investment tax credit for solar energy property from 1985 to 1990. Sets the amount of such credit during such period at 15 percent for low temperature solar property and 25 percent for all other solar property. Extends the energy investment tax credit for wind property from 1985 to 1988. Sets the amount of such credit at: (1) ten percent during 1986 and 1987; and (2) five percent during 1988. Extends the energy investment tax credit for geothermal property and biomass property from 1985 to 1988. Extends the energy investment tax credit for ocean thermal property from 1985 to 1990. Revises the definition of "solar property" for purposes of such tax credit. Sets forth special rules for geothermal equipment to qualify for such credit. Title II: Affirmative Commitment Rule to Extend the Business Credit for Certain Long-Term Projects - Extends the time period during which an affirmative commitment must be made in order for long-term energy projects to be eligible for the energy investment tax credit. Allows such extension: (1) from 1990 to 1993 for solar energy property; (2) from 1988 to 1990 for geothermal energy property; and (3) from 1985 to 1990 for hydroelectric generating property. Title III: Extension of Residential Energy Credits - Extends the residential energy income tax credit for solar renewable energy property from 1985 to 1990. Phases out such credit over such period of time. Provides that solar hot water systems and active space heating systems must meet certain additional standards in order to qualify for such credit. Extends the residential energy income tax credit for wind renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Extends the residential energy income tax credit for geothermal renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Revises the definition of geothermal deposits for purposes of such credit. Revises the definition of energy conservation expenditures for purposes of the residential energy income tax credit to limit the amounts taken into account to $700. Limits the energy conservation income tax credit to taxpayers with an adjusted gross income of less than $30,000. Title IV: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 3 April 1985
Oil and Gas Leasing Reform Act of 1985 - Amends the Mineral Leasing Act to revise provisions relating to the authority of the Secretary of the Interior to lease oil and gas lands. Authorizes the Secretary of the Interior to lease to the highest responsible qualified bidder, by competitive bidding, any lands subject to disposition under the Act which may contain oil or gas deposits. Provides that a lease shall: (1) be for an initial period of five years and as long thereafter as gas or oil is produced from the leased area in compliance with the diligence standards; (2) entitle the lessee to explore, develop, and produce oil and gas, conditioned upon compliance with diligence standards; and (3) be conditioned upon an annual rental payment of at least $2.00 per acre. Requires a minimum royalty of $4.00 per acre in lieu of rental at the expiration of each lease year. Requires any lessee conducting exploration, development, or production of oil or gas to provide the Secretary access to all data and information obtained from such activity which the Secretary may request.
United States · United States Congress · 3 April 1985
Defense Environmental Restoration Act of 1985 - Subjects facilities under the jurisdiction of the Secretary of Defense to the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund). Exempts the Secretary from the financial responsibility requirements. Prohibits the delegation to the Secretary of any response authority under such Act, requiring such authority to remain with the President or the Administrator of the Environmental Protection Agency (EPA) as appropriate. Permits the designation of the Secretary and other Department of Defense (DOD) officials as natural resources trustees under such Act. Authorizes the Administrator to delegate other authorities to the Secretary or DOD officials if it would be cost-effective except the authority to approve remedial action at a site on the National Priorities List (NPL) in a nonemergency situation. Authorizes the President to issue response action orders as necessary to protect the national security. Directs the Secretary to establish within the Office of the Secretary an office to implement the Defense Environmental Restoration Program which includes investigating and cleaning up contamination from hazardous substances and correcting environmental damage. Directs the Secretary to carry out response actions with respect to releases of hazardous substances from sites and vessels under the Secretary's jurisdiction. Excludes response actions which do not result in a new facility from military construction requirements. Permits removal or remedial action by another responsible party. Directs the Secretary to pay all fees and charges imposed by State and local authorities for storage and/or disposal of hazardous substances on lands under the jurisdiction of the Secretary. Authorizes the Secretary to implement the administrative abatement authorities where there may be an imminent and substantial endangerment to public health or the environment from a DOD controlled facility. Authorizes appropriations for FY 1986 through 1990 to carry out the restoration program. Makes available to the Secretary amounts recovered from responsible parties for response actions of the Secretary. Authorizes the Secretary to settle claims under CERCLA up to a specified amount. Authorizes appropriations for FY 1986 through 1990 for emergency removal actions where the release or threatened release of any hazardous substance presents an imminent and substantial endangerment to the public health or environment. Limits the per-site expenditure unless the Secretary and the Administrator agree that continued response actions are required in an emergency-type situation. Requires each emergency removal action to be completed within six months if possible or within 18 months at the outside. Requires the Secretary to notify the Congress within 15 days of obligating emergency funds. Authorizes the Secretary to use facility maintenance funds for response actions, including emergency actions. Authorizes the Secretary to utilize the services of any other Government agency on a reimbursable basis to carry out this Act. Directs the Secretary to establish a research, development, and demonstration program regarding hazardous waste management, including cost-effective strategies and technological innovation. Authorizes appropriations for FY 1986 through 1990. Directs the Secretary to notify the Administrator of the Agency of Toxic Substances and Disease Registry (ATSDR) within one year of this Act's enactment of the 25 hazardous substances most frequently used at DOD facilities for which no standard or water quality criteria are in effect under the other Federal environmental and water quality statutes. Requires ATSDR to prepare profiles on such substances within one year of receiving the funds to do so. Authorizes appropriations. Directs the Secretary to keep the regional EPA offices and the appropriate State and local authorities informed about any hazardous substance releases or proposed response actions occurring at a DOD site within their area. Requires that such notice be made prior to taking a response action in nonemergency situations. Directs the Secretary to establish a Technical Review Committee of such authorities whenever possible to review and comment on DOD proposals. Requires the Secretary to provide an opportunity for public participation before adopting a plan for remedial action at any DOD site on the NPL. Directs the Secretary to report annually to the Congress on the implementation of this Act, including a statement for each site and its hazardous substances, the response actions taken or proposed, and the costs involved. Directs the Secretary to provide the Congress with information on military construction projects in the budget attributable to environmental restoration programs. Requires military construction authorizations to separately set forth the amount requested for environmental restoration for each military department and defense agency. Authorizes the Secretary to carry out otherwise unauthorized emergency construction for hazardous substance response actions up to a specified amount and after congressional notification.
United States · United States Congress · 2 April 1985
Medicare and Medicaid Patient and Program Protection Act of 1985 - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to exclude from participation in programs under title XVIII (Medicare) of the Social Security Act any individual or entity: (1) convicted of a criminal offense related to the delivery of an item or service under title XVIII or under titles XIX (Medicaid), V (Maternal and Child Health Block Grant), or XX (Block Grants to states for Social Services) of such Act; or (2) convicted of a criminal offense related to neglect or abuse of patients in connection with the delivery of a health care item or service. Authorizes the Secretary to exclude from Medicare participation any individual or entity: (1) convicted of fraud with respect to any Federal, State, or locally financed health care program; (2) convicted of interferring with the investigation of health care fraud; (3) convicted of manufacturing, distributing, or dispensing a controlled substance; (4) whose health care license has been suspended or revoked; (5) suspended or excluded from participation in a Federal health care program; (6) claiming excessive charges or providing unnecessary services; (7) committing certain acts prohibited under title XI; (8) owned or controlled by an individual convicted of health care related crimes, fined for health care abuses, or excluded from Medicare or a State health care program; and (9) failing to supply certain information. Authorizes the Secretary to exclude any hospital failing to comply with corrective action required under title XVIII. Sets forth provisions relating to notice requirements, judicial review, and period of exclusion. Directs the Secretary to promptly notify each appropriate State agency administering or supervising the administration of a State health care program of each exclusion and the period of exclusion. Permits an excluded individual or entity to apply, following a period exclusion, to the Secretary for reinstatement. Sets forth provisions providing for civil and criminal penalties for acts involving Medicare or State health care programs abuse, including penalties for physician misrepresentations. Requires a State, as a condition of Medicaid plan approval, to provide for the following: (1) a system of reporting any type of adverse action concluded against any health care practitioner or entity by the State or a local licensing authority; and (2) such access to documents as may be necessary by the Secretary. Requires the Secretary to provide suitable safeguards for the confidentiality of such information. Requires any health care provider providing health care services for which payment may be made under the Act to assure that services or items furnished: (1) will be provided economically and only when, and to the extent, medically necessary; (2) will be quality services which meet professionally recognized standards of health care; and (3) will be supported by evidence of medical necessity and quality in such form and fashion and at such time as may reasonably be required by a reviewing peer review organization in the exercise of its duties and responsibilities. Permits a State to exclude from Medicaid participation any individual or entity excluded under Medicare pursuant to the patient and program protection provisions. Requires a State in order to receive Federal payments with respect to a health maintenance organization (HMO) to exclude any HMO that: (1) could be excluded because of the conviction of the owners or managers of certain crimes; or (2) contracts with any individual or entity convicted of such crimes. Prohibits Federal payments with respect to any amount expended for items or services furnished with respect to any individual or entity excluded from Medicaid participation because of the patient and program protection provisions. Prohibits a State under title V from making payments to any individual or entity excluded from participation pursuant to the patient and program protection provisions. Prohibits Federal payments with respect to any amount expended for items or services furnished with respect to any individual or entity excluded from Medicare because of the patient and program protection provisions of part A of title XI. Prohibits using a grant under title XX for payment for any item or service furnished by a person excluded from title XX participation because of the patient and program protection provisions of title XI. Revises disclosure requirements under part A of title XI. Revises Medicare provisions concerning agreements with providers. Modifies the Medicaid moratorium provisions of the Deficit Reduction Act of 1984 to consider a State's Medicaid plan to include any plan change submitted to the Secretary either before or after the enactment of that Act and whether or not approved or disapproved by the Secretary. Sets forth effective date provisions.