United States · United States Congress · 3 April 1985
Broadcast Licensing, Renewal, and Deregulation Act of 1985 - Amends the Communications Act of 1934 to establish new procedures for reviewing petitions to deny broadcast license applications. Requires the Federal Communications Commission (FCC) to grant a license renewal application by a radio or television broadcast station licensee unless the actions of the licensee evidence such serious disregard for the Communications Act and for the rules and policies of the FCC that denial of the application is justified. Prohibits the FCC from considering the applications of other persons for a broadcast station's facilities when the FCC is acting upon a license renewal application by a radio or television broadcast station. Permits persons holding construction permits or station licenses to transfer the permit or license without first obtaining an FCC finding that the transfer serves the public interest. Requires the FCC to be notified of such transfer. Provides for public notice of the transfer. Provides for disposition by the FCC of objections to such transfer. Prohibits the FCC from considering whether the public interest would be served by the transfer. Repeals certain provisions relating to the application of the antitrust laws to broadcast licensees. Prohibits the FCC from imposing requirements on radio or television licensees relating to: (1) types of programs; (2) programming formats; (3) ascertainment of the needs or interests of their service areas; (4) commercials; and (5) maintenance of program logs.
United States · United States Congress · 2 April 1985
Expresses the sense of the Congress that the President should take appropriate action to: (1) enforce U.S. rights under international agreements to which Japan is a party; and (2) obtain the elimination of Japanese acts and policies which deny benefits to the United States under such international agreements and which burden or restrict U.S. commerce. Directs the President, within a specified time, to: (1) report to the Congress and give notice of the actions the President has decided to take to accomplish such objectives; and (2) implement all such actions. Declares that such actions should at least negate the cumulative impact that the elimination or relaxation of the voluntary restraints on Japanese automobile imports will have on the merchandise balance of trade between Japan and the United States. Declares that action taken to accomplish this objective should be directed against competitive Japanese exports, including automobiles, telecommunication products, optical fibers, textiles, and electronic products. Declares action taken to accomplish the major objectives of the resolution should be modified or revoked only if the President determines that such minimum objective has been achieved.
United States · United States Congress · 1 April 1985
Amends the Tariff Schedules of the United States to extend, through December 31, 1990, the duty-free treatment on machines designed for heat-set, stretch texturing of continuous man-made fibers.
United States · United States Congress · 28 March 1985
Financial Export Control Act - Amends the Export Administration Act of 1979 to declare it is U.S. policy to use export controls to restrict the export of capital, the extension of credit, or the transfer of financial resources to countries subject to national security export controls. Authorizes the President to restrict the export or transfer of money or other financial assets to the government of a country subject to national security export controls. Provides for negotiations with other countries to obtain their cooperation with such export controls on capital. Requires export license applications for the export of capital to be submitted to the Secretary of the Treasury who shall make all determinations with respect to such application. Requires the annual report on the administration of the Export Administration Act of 1979 to include a report on actions taken to carry out export controls on capital.
United States · United States Congress · 28 March 1985
Amends the Internal Revenue Code to permit States and local governments to provide statements of tax refunds, credits, and offsets to individuals at any time during the calendar year for which such governments make a return, but not later than January 31 of the year following the year of the return. (Current law requires such statements to be furnished in January of the year following the year of the return.)
United States · United States Congress · 27 March 1985
National Childhood Vaccine-Injury Compensation Act of 1985 - Amends the Public Health Service Act to establish the National Childhood Vaccine-Injury Compensation Program (Program). Prohibits the filing of a civil action for damages for vaccine-related injuries unless the procedures of this Act have been followed. Directs the Secretary of Health and Human Services to prescribe rules governing the content of claims for vaccine-related injuries and procedures for filing such claims. Sets forth deadlines by which: (1) the Secretary must send the claimant and respondent lists of persons eligible to serve on hearing panels; (2) the respondent may join additional respondents; and (3) the claimant and respondent are to select persons for the hearing panel. Provides for the selection and replacement of additional hearing panel members. Permits each respondent to file a consent waiving his or her rights to a judge or jury trial. Allows the hearing panel to hear a claim if each respondent has filed consent. Allows the claimant to file an action for damages in a State or Federal court where none of the respondents have filed such consents. Permits the hearing panel to hear the claim against participating respondents where some, but not all, of the respondents filed consents. Allows the claimant to file an action in a State or Federal court against the nonparticipating respondents. Declares that such court action shall be stayed on any party's motion until the proceedings against the participating respondents are completed. Empowers the hearing panel to determine whether any alleged injuries are vaccine-related and, if appropriate, to award compensation. Sets an aggregate limit of $1,000,000 per person for such awards, including $100,000 for damages arising from pain, suffering, and emotional distress. Allows the claimant to reject the decision of the hearing panel by filing an objection within 60 days. Permits the respondent to appeal the decision of the hearing panel to a Federal district court within 30 days thereafter if no such objection is filed by the claimant. Directs the district court to affirm the hearing panel decision, unless: (1) the decision was procured by corruption or fraud; (2) the hearing panel exceeded its authority; or (3) the hearing panel denied a fair hearing to any party. Permits a claimant who has filed a timely objection to the hearing panel decision to maintain an action for damages in an appropriate State or Federal court. Permits the decision of the hearing panel to be admitted into evidence, unless: (1) the decision was procured by corruption or fraud; (2) the hearing panel exceeded its authority; or (3) the hearing panel denied a fair hearing to any party. Allows a plaintiff to recover a judgment for monetary damages to the full extent provided by State or Federal law where: (1) the respondent did not file a consent pursuant to this Act; or (2) the parties waived compliance with the procedures prescribed by this Act. Limits recovery to the extent provided by this Act where the respondent has filed a consent. Permits a respondent who has paid an award, judgment, or settlement to file a civil action in a U.S. district court seeking to recover all or part of it. Permits third-party impleaders and cross-claims. Allows a party to file an action for contribution or indemnification if that party: (1) did not file a consent pursuant to this Act or waived compliance; and (2) discharged a vaccine-injury claim. Declares that claims filed more than two years after the first manifestation of a vaccine-related injury shall be barred. Defines "covered vaccine" to include vaccines against diptheria, tetanus, pertussis, polio, measles, mumps, and rubella. Establishes an Advisory Commission on Childhood Vaccines to: (1) advise the Secretary on the implementation of the Program; (2) study and recommend ways to encourage the availability of safe and effective vaccines; (3) survey information gathering programs and advise the Secretary on how to obtain useful information; and (4) recommend research. Directs the Secretary to develop parent information materials within one year of enactment of this Act. Describes the information to be included in such materials. Directs the Secretary to: (1) encourage the development of vaccines that result in fewer major adverse reactions than those currently on the market; and (2) assure improvements in the vaccine industry to reduce the risks of major adverse reactions. Requires the Secretary to report to specified congressional committees biennially.
United States · United States Congress · 27 March 1985
Permits a gas utility holding company registered under the Public Utility Holding Company Act of 1935 to: (1) acquire interests in cogeneration facilities; and (2) be exempt from utility rate regulation under the Public Utility Regulatory Policies Act of 1978.
United States · United States Congress · 20 March 1985
Nuclear Decommissioning Tax Act of 1985 - Amends the Internal Revenue Code to permit a deduction for amounts which are to be used to decommission a nuclear powerplant if the amounts are either: (1) deposited in a Nuclear Decommissioning Reserve Fund; or (2) recorded in an unfunded reserve on the financial books of account of the taxpayer during the taxable year. Provides that the determination of whether the taxpayer uses the Reserve Fund or the unfunded reserve account shall be made by the applicable regulatory body that establishes the taxpayer's rates. Sets limits on the amounts which the taxpayer may pay into the fund or record in the unfunded reserve account. Requires the taxpayer to include in gross income any amount distributed from the Reserve Fund or any unused balance in the unfunded reserve account which is not distributed or used to pay the cost of nuclear decommissioning of a powerplant. Permits an additional deduction for any taxable year for the amount of the nuclear decommissioning costs with respect to which economic performance occurs during such taxable year. Requires the taxpayer to obtain a ruling as to the amount of the deduction allowed for the Reserve Fund or recorded in the unfunded reserve account. Requires the Secretary of the Treasury to review, and revise if necessary, such amount at least once during the useful life of the nuclear powerplant. Sets forth rules for the establishment and operation of a Nuclear Decommissioning Trust Fund or an unfunded reserve account.
United States · United States Congress · 19 March 1985
Textile and Apparel Trade Enforcement Act of 1985 - Limits the total quantity of 1985 imports of textiles and textile products from a major exporting country to the lesser of an amount equal to 101 percent: (1) of the total quantity of textile products imported from such country if the total had increased by six percent annually (one percent annually for wool products) during 1981 through 1984; or (2) if the United States has an agreement with such country providing for an annual growth rate of less than six percent, of the total quantity of such products from such country imported during 1984. Limits the total quantity of 1985 imports of textiles and textile products from an exporting country to an amount equal to the total quantity of such products imported from such country during 1984 plus: (1) 15 percent of such quantity in the case of a category that is not an import sensitive category; or (2) one percent in the case of an import sensitive category. Provides for changing the classification of a country, except for a Caribbean country, from an exporting country to a major exporting country if the total textile imports from such country equals or exceeds one and one-quarter percent of all textiles imported into the United States. Sets forth a formula for adjusting the growth of textile imports annually. Sets forth certain minimum quantities of textile imports that all countries shall be allowed to export to the United States. Requires the Secretary of Commerce to enforce this Act. Directs the Secretary, within six months of enactment of this Act, to establish an import licensing system under which an importer of textiles will be required to present an import permit as a condition of entry of such textiles. Directs the President to report to the Congress annually on the administration of this Act.
United States · United States Congress · 19 March 1985
Amends the Tariff Schedules of the United States to extend, through September 30, 1990, the duty-free treatment of double-headed latch needles for knitting machines.
United States · United States Congress · 6 March 1985
Sale of Conrail Act of 1985 - Declares it is the purpose of the Congress to return the Consolidated Rail Corporation (Conrail) to the private sector by implementing the Plan of the Secretary of Transportation (the Secretary) to sell the Federal interest in Conrail common stock. Title I: Amendments to the Regional Rail Reorganization Act of 1973 and the Northeast Rail Service Act of 1981 - Amends the Regional Rail Reorganization Act of 1973 to terminate the authority of the United States Railway Association (the Association) to purchase Conrail securities when the sale of the Federal interest in Conrail common stock has been consummated. Makes the Regional Rail Reorganization Act of 1973 inapplicable to Conrail after the sale of the Federal interest in Conrail common stock has been consummated. Makes specified provisions of such Act still applicable to Conrail under certain conditions. Directs the Secretary to implement the plan to sell Conrail common stock to the Norfolk Southern Corporation. States that such implementation, and the coordinated operation of Conrail's properties with those of Norfolk Southern Corporation and its affiliates as a single rail system, is deemed approved by Interstate Commerce Commission. Directs the Secretary to implement the Secretary's Plan by performing specified Definitive Agreements which shall conform substantially with the Memorandum of Intent between the United States and Norfolk Southern Corporation signed February 8, 1985. Repeals provisions which allow the sale of Conrail common stock to other railroads or to certain railroad employees. Authorizes the Secretary to recapitalize Conrail in such a way that the Federal interest in any debt or preferred stock is cancelled and contributed to the Corporation's capital. Sets forth guidelines under which the Norfolk Southern Corporation may bring suit against the United States for breach of specified representations. Provides protective labor conditions under specified arbitration provisions to certain personnel whose employment is adversely affected by the sale of the Federal interest in Conrail common stock. Amends the Northeast Rail Service Act of 1981 to confer jurisdiction upon a special Federal district court (established by the judicial panel on multi-district litigation) to hear civil actions relating to the: (1) Sale of Conrail Act of 1985; (2) enforcement of the Secretary's Plan or the Definitive Agreements (pertaining to the Conrail sale); and (3) the value of the interest in Conrail Equity Corporation preferred stock of the Conrail Employees Stock Ownership Plan (ESOP) and related trusts. Provides that, with certain exceptions, no persons connected with the Conrail ESOP shall be subject to any fiduciary obligation or fiduciary civil liability for actions pertaining to the Secretary's Plan or disposition of Conrail Equity Corporation assets. Deems as qualified under the Internal Revenue Code any Conrail ESOP maintained or adopted in implementing the Secretary's Plan. States that the registration and prospectus delivery requirements of the Securities Act of 1933 (including State laws and certain Federal approval requirements) shall not apply to implementation of the Secretary's Plan through: (1) the sale or contribution of securities by Norfolk Southern Corporation to fulfill arrangements with Conrail employees; or (2) the distribution of shares from Conrail employee stock ownership plans. Title II: Technical and Conforming Amendments - Makes technical and conforming amendments to various laws affected by this Act. Title III: Miscellaneous Provisions - States that Conrail's status as a common carrier is not affected by the sale of the Federal interest in Conrail common stock.
United States · United States Congress · 28 February 1985
Comprehensive Environmental Response, Compensation, and Liability Act Amendments of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to include under CERCLA any hazardous substance identified under the Solid Waste Disposal Act and not just hazardous wastes. Title I: Provisions Relating Primarily to Response - Confirms presidential discretion to decide when the responsible parties are authorized to conduct cleanup of a hazardous substance in lieu of a Superfund-financed response. Limits Superfund response authority to the release of hazardous substances (current law includes pollutants or contaminants) from uncontrolled waste sites which represent a risk to the public health and environment. (Current law is not limited to uncontrolled sites and includes risk to the public welfare.) Increases from six months to one year the time limit on hazardous substances removal actions. Includes among the criteria for waiving the one year and one million dollar limit a presidential finding that a response action is appropriate and consistent with a permanent remedy. Includes the permanence of the remedy among the criteria for selecting a remedial action as well. Eliminates additional criteria for off-site disposal, rendering CERCLA neutral as to choice of on-site or off-site remedies. Deletes the requirement that the National Contingency Plan (NCP) include at least 400 high priority facilities as response targets. Permits States to make only one highest priority designation on the National Priorities List (NPL) under the NCP. Permits a cooperative agreement or contract between the Federal Government and a State for cleanup to cover more than one facility, reimbursable from Superfund. Increases from 50 to 75 percent the minimum State share of cleanup for releases from State or municipally owned and operated facilities, excluding navigable waters and underlying beds. Prohibits the use of Superfund for cleanup actions in States that do not assure the availability of hazardous waste disposal capacity sufficient to handle that State's needs during a time period to be specified by the President. Excludes the provision of alternative drinking water supplies, the temporary relocation of affected residents, or emergency actions from such prohibition. Increases a State's share of costs for such nonemergency actions and for out-of-State transporting of wastes. Requires public notice and an opportunity for public comment on any proposed response action. Restates the role of the Agency for Toxic Substances and Disease Registry (ATSDR) to implement the health-related authorities of CERCLA to support response actions through health assessment, technical assistance, and research. Authorizes the Administrator of the Environmental Protection Agency (EPA) as well as the States or local governments to request the ATSDR to conduct health assessments or provide assistance. Authorizes EPA to perform exposure and risk assessments at a release site. Directs the President to specify in the NCP the extent to which removal or remedial actions under Superfund should comply with other laws or standards, considering: (1) the level of protection provided by other standards; (2) the technical feasibility; (3) the nature of the response; (4) the need for expediency; and (5) the need to preserve Superfund for response to other releases. Limits cleanup contractor liability for future response costs. Restates the responsibility of Federal and State natural resources trustees to assess damages to resources under their jurisdiction. Permits Federal trustees to perform a State's assessment on a reimbursable basis. Eliminates the use of Superfund to pay trustees for damage to natural resources but maintains such trustees' ability to recover from responsible parties. Makes Federal agencies with accountability for specific Federal facilities sole trustees of natural resources on, under, or above such facilities for CERCLA purposes. Revises response claims procedures for NCP costs from Superfund by restating the President's authority to preauthorize claims, reducing the number of steps, and substituting an administrative hearing process for the arbitration procedure. Increases fines for false claims. Treats Indian tribes like States for purposes of CERCLA, granting to them the authority to enter into cooperative cleanup agreements, be reimbursed from Superfund, and be notified of releases affecting Indian lands. Permits the Department of the Interior to make assurances of future maintenance of remedial actions for response actions on Indian lands held in trust by the Federal Government. Deletes the provision preempting States from imposing taxes already covered by CERCLA. Increases from ten to 20 percent the State share of remedial action costs at privately-owned facilities. Title II: Provisions Relating Primarily to Enforcement - Increases criminal and adds civil penalties for failure to report the release of hazardous substances in excess of prescribed levels. Limits the bringing of claims for contribution or indemnification in imminent hazard and cost recovery actions once enforcement is underway until after a judgment or settlement is reached. Excludes from liability for contribution for a particular release any person who has settled with the Federal or State government concerning such release. Subordinates all others' claims to those of the Federal Government. Restates the President's right to access and information concerning the release or threatened release of hazardous substances, including procedures for acquiring such access and information through civil action if consent is not granted or entry is greeted with interference. Authorizes the President to enter into a consent administrative order with the affected party to conduct remedial investigations and feasibility studies (RIFS) to serve as the basis for EPA's choice of the appropriate remedy. Establishes civil enforcement measures. Removes treble damage provisions for failure to comply with response authority orders. Makes a responsible party liable for Federal cleanup costs in response to a post-Resource Conservation and Recovery Act of 1976 (RCRA) (Solid Waste Disposal Act) release or threatened release of a hazardous substance from a treatment, storage, or disposal facility. Establishes a six-year statute of limitations for filing cost recovery actions. Establishes a three-year statute of limitations for damage, contribution, and subrogated rights actions. States that there is no pre-enforcement judicial review of selected response actions. Limits review of the adequacy of a federally-selected response action to the administrative record. Sets forth petition procedures for reimbursement of responsible parties after completion of the required action. Permits the United States to serve process on a defendant under CERCLA in any district where such defendant may be found. Limits abatement authority to situations where an imminent and substantial endangerment to the public health or the environment exists because of an actual or threatened release of a hazardous substance from a facility. (Deletes current law references to endangerment of the public welfare.) States that response costs and damages owed the United States constitute a lien against the affected real property. Increases criminal penalties for records destructions. Increases civil penalties for violation of abatement orders. Provides procedures for administrative settlement of CERCLA claims. Subjects foreign vessels releasing hazardous substances in areas subject to U.S. jurisdiction to CERCLA. Title III: Amendments to the Internal Revenue Code of 1954 - Superfund Revenue Act of 1985 - Amends the Internal Revenue Code of 1954 to extend the tax on petroleum through FY 1990 unless the unobligated balance in the Hazardous Substance Response Trust Fund (Superfund) exceeds one and one half billion dollars and is likely to continue to do so for the following calendar year as of the end of FY 1988 or 1989. Amends the taxes on hazardous wastes to impose a tax on the receipt of hazardous waste for transport from the United States for the purpose of ocean disposal and on the exportation of hazardous waste from the United States as well as on the receipt of hazardous waste at a qualified hazardous waste management unit. Sets forth tax rates for each ton of hazardous waste received on land, starting at $9.80 per ton in FY 1986 and increasing gradually to $16.32 in FY 1990 and 1991. Sets tax rates for hazardous waste exported or received for ocean disposal at $2.61 per ton in FY 1986, with a gradual increase to $4.37 in FY 1990 and 1991. Excludes from such tax waste disposal actions pursuant to approved removal or remedial action under CERCLA for releases before FY 1986. Imposes the tax on the receipt of hazardous waste on the owner or operator of the hazardous waste management unit or the vessel used to transport such waste for ocean disposal. Imposes the tax on the exportation of hazardous waste on the exporter of such waste. Terminates such tax after FY 1990 unless the Superfund receipts total less than $5,200,000, in which case such tax may be extended through March 31, 1991. Requires these tax rates to be adjusted annually based upon the total revenue collected in Superfund to meet projected revenue amounts. Sets forth the formula for adjusting each fiscal year's tax rates. Grants a credit for tax paid upon the covered hazardous waste being received at another qualified facility, dumped in the ocean, or exported. Sets forth the formula for computing such credit or refund. Directs each person on whom a tax on hazardous waste is imposed to report to the Secretary of the Treasury required information as well as information such person provides the Administrator under the Solid Waste Disposal Act. Establishes civil penalties for violations of such reporting requirements. Repeals the Post-Closure Liability Trust Fund. Establishes in the Treasury the Hazardous Substance Superfund (Superfund) to consist of taxes received pursuant to this Act, amounts recovered under CERCLA and the oil spill cleanup provisions of the Clean Water Act, and the balance of the Post-Closure Liability Trust Fund. Authorizes the use of Superfund only for releases or threatened releases of hazardous substances as specified in CERCLA. Authorizes Superfund to borrow necessary funds on a limited basis. Sets forth terms of repayment of advances. Limits the liability of the United States to the amount in Superfund, on a first come, first served basis. Terminates the authority to collect these taxes when the amount in the Superfund reaches $5,300,000,000. Treats the Hazardous Substance Superfund as a continuation of the Hazardous Substance Response Trust Fund. Title IV: Miscellaneous Provisions - Makes limited response amendments under this Act effective for release sites listed on the NPL after January 1, 1985.
United States · United States Congress · 28 February 1985
Regulatory Oversight and Control Act of 1985 - Title I: Agency Rulemaking Improvements - Requires each executive agency and each independent regulatory agency to include in the notice of a proposed rule an explanation of the agency's determination as to whether the rule is a major rule. Directs each agency, before or upon publishing notice of a proposed rulemaking proceeding for a major rule, to issue statements concerning: (1) the need for the rule; (2) the reasonable alternative approaches; (3) regional differences; (4) the benefits, costs, and effectiveness of the proposed rule and alternatives; (5) the advantages and disadvantages of adopting performance standards rather than design standards; (6) the technical information the agency will rely on in making the rule; and (7) the statutory authority of the agency to regulate any areas previously regulated only by State law. Requires that each agency issue additional statements upon providing notice of the promulgation of a major rule, including a statement of its determination that the benefits of the rule will justify the costs of the rules and that the rule will achieve rulemaking objectives in a more cost effective manner than the alternatives. Directs each agency to: (1) include in the notice of each proposed and final major rule, instructions on how the public may obtain copies of agency statements on such rule; (2) send a copy of all statements required at the notice and publication of a major rule to the President; and (3) include such statements and any technical information considered in the rulemaking file. Requires agencies to provide for oral presentations at informal public hearings as part of the rulemaking proceedings for major rules. Directs agencies to allow cross-examination of persons presenting information if necessary to resolve significant issues of fact. Directs agencies to regulate such public hearings so as to ensure orderly and expeditious proceedings. Allows an agency to delay completing the rulemaking requirements of this Act if it publishes a finding that complying with such requirements before making the rule would be impracticable, unnecessary, or contrary to the public interest. Requires an agency to complete such requirements as soon as practicable after promulgating the rule unless the rule will expire within two years. Sets forth provisions governing the judicial review of agency compliance with rulemaking and rule review requirements of this Act and the President's compliance with oversight requirements. Directs the President to: (1) establish procedures for agency implementation of the requirements of this title; (2) afford the public an opportunity to comment on such procedures before adoption; and (3) monitor, review, and comment on agency compliance with such requirements. Permits the Comptroller General to review agency compliance with this Act. Requires each agency to publish in the Federal Register, semiannually, a regulatory agenda containing a list of all rules the agency expects to propose, promulgate, repeal, modify, or review in the next year and specified information concerning such rules. Requires publication of the agendas of all agencies in a single issue of the Federal Register. Directs each agency to publish for public comment a proposed schedule for the review of its existing major rules and other rules that may be added by the agency or the President. Declares that each such rule shall cease to be effective not more than ten years after the date the final schedule is published. Directs each agency to publish its responses to public comments upon publishing the final schedule. Requires an agency to include with the publication of a major rule the date, within ten years, on which the rule will expire and the date by which the rule must be reviewed. Directs each agency to: (1) publish a notice of the initiation of the review of a rule; (2) describe the costs, benefits, problems, and alternatives to the rule; (3) provide a period for public comment; and either (4) conduct a rulemaking proceeding to reissue or amend the rule; or (5) publish an explanation of its decision to allow the rule to expire. Allows agencies to alter review schedules if the President agrees. Eliminates the exemption of rules concerning loans, grants, and benefits from notice and comment rulemaking requirements. Requires that the notice of a proposed rulemaking include: (1) a statement of the objectives of the rule; (2) a statement that the agency seeks proposals from the public of alternative methods; and (3) a statement of where the file of the rulemaking proceeding may be inspected or how file copies may be obtained. Requires an agency to: (1) provide a period of at least 60 days after publishing a notice of proposed rulemaking for the public to submit comments on a proposed rule; and (2) include the agency's response to such comments in the statement published with the adopted rule. Prohibits an agency from relying on any material of central relevance in a rulemaking if the material is not included in the rulemaking file or the public has not had an opportunity to comment on the material. Directs each agency to maintain a public file on each rulemaking proceeding. Allows an agency to exclude from such file any material relied upon which is exempt from public disclosure under the Freedom of Information Act, if a statement of the basis for such exclusion is included. Requires a court reviewing an agency action: (1) not to accord any presumption in favor of or against agency action; (2) in determining questions of law other than statutory jurisdiction, to give the agency's interpretation such weight as it warrants considering the agency's authority under law; (3) in making determinations concerning statutory jurisdiction, to determine whether the action is within the agency's jurisdiction on the basis of the statutory language or other indications of legislative intent; and (4) in determining whether the adoption of a rule is in accordance with law, to consider whether there is substantial support in the rulemaking file for the agency's factual determinations. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within ten days, the Administrative Office of the United States Courts shall select, by a system of random selection, the court in which the record shall be filed. Authorizes the courts to postpone the effective date of the agency action as necessary to permit designation of the court of record. Prohibits agencies from paying expenses of persons participating or intervening in agency proceedings except as specifically authorized by statute. Title II: Congressional Review of Agency Rules - Requires each agency to transmit a copy of each rule it promulgates to the House of Representatives and the Senate. Declares that such rule shall be considered only as a recommendation of the agency to Congress. Prohibits a major rule from taking effect unless a joint resolution approving the rule is enacted within 90 days. Prohibits a rule other than a major rule from taking effect if a joint resolution disapproving the rule is enacted within 90 days. Prohibits an agency from promulgating a new rule that is substantially the same as a major rule that was not approved or any other rule that was disapproved. Directs the Comptroller General, at the request of a committee of either House which has primary legislative jurisdiction over a rule or on his or her own initiative, to inform such committee as to whether the rule is consistent with the statutory authority under which it was promulgated. Exempts an emergency rule from such congressional review requirements if the agency submits to the appropriate congressional committees a written notice of: (1) its determination that the rule is an emergency rule; (2) the time period (limited to 210 days) during which the rule will be effective; and (3) its intention to issue a final rule, if necessary, when such emergency rule expires. Sets forth House and Senate procedure for the consideration of such resolutions of approval or disapproval. Declares that: (1) congressional inaction on or rejection of a resolution disapproving a rule shall not be deemed an expression of approval of that rule; and (2) enactment of a resolution approving a major rule shall not be construed to create any presumption of validity with respect to such rule and shall not affect the judicial review of such rule. Title III: Regulatory Oversight and Control Amendments to House Rules - Amends the Rules of the House of Representatives to establish a Regulatory Review Calendar to which all resolutions for the approval or disapproval of agency rules shall be referred. Provides for the consideration of the resolutions on such Calendar on the first and third Monday and the second and fourth Tuesday of each month. Declares that it shall be in order during the reading of a general appropriation bill to consider any germane amendment proposing a limitation restricting the implementation of an agency rule, other than a major rule, for which a resolution of disapproval has not been considered by the House, or has been passed by the House but not enacted, within the time required under this Act. Requires each standing committee of the House to consider and adopt its oversight plans in a meeting which is open to the public by March 1 of the first session of a Congress. Directs each such committee to: (1) consult with other congressional committees with jurisdiction over the same areas to assure that such areas are reviewed in the same Congress and that there is maximum coordination and cooperation between such committees in conducting such review; (2) give priority to the review of programs under permanent budget or statutory authority; and (3) attempt to ensure that all laws, programs, activities, and agencies within its jurisdiction are reviewed at least once every ten years. Requires each committee to submit its final plans to the Committee on Government Operations which shall report all such plans to Congress with recommendations to assure the effective coordination of such plans. Authorizes the Speaker of the House, with the approval of the House, to appoint special ad hoc committees to review specific matter within the jurisdiction of two or more standing committees. Requires each committee to include in its biennial report to the House separate sections summarizing the legislative and oversight activities of that committee. Declares that it shall not be in order in the House to consider a primary expense resolution for any committee that has not submitted its oversight plans to the Committee on Government Operations.
United States · United States Congress · 28 February 1985
Directs the President to report quarterly to the Congress on all outstanding loans, loan guarantees, credits, and grants issued by the Federal Government or by a multilateral organization of which the United States is a member to the government of a Communist country or to any person on behalf of (or any entity controlled by) a Communist country. Specifies information to be included in the report.
United States · United States Congress · 26 February 1985
Interstate Compact - Grants congressional approval to the Southeast Interstate Compact on Low-Level Radioactive Waste Management, which provides for cooperation among the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia in the management of low-level radioactive waste on a continuing basis.
United States · United States Congress · 26 February 1985
Expresses the sense of the Congress that: (1) veterans' disability compensation payments should remain exempt from Federal income taxation; and (2) the President should reject any proposals to tax such payments.
United States · United States Congress · 7 February 1985
Nuclear Powerplant Standardization Act of 1985 - Title I: Licensing and Regulatory Process - Amends the Atomic Energy Act of 1954 to require the Nuclear Regulatory Commission to establish procedures, standards, and criteria permitting the approval of standardized ten-year facility designs. Declares that a design approval shall be considered to be a license for the purpose of such Act. Requires the Commission to establish procedures for an additional ten-year renewal of such a design approval. Requires the Commission to establish procedures, standards, and criteria permitting the approval of a site or sites for one or more utilization or production facilities for industrial or commercial purposes for a period of ten years. Authorizes the Commission, after a determination that a proposed site is suitable, to issue a permit which shall be considered to be a license. Requires the Commission to establish procedures for a ten-year renewal of site permits. Requires that before issuance of construction and operating licenses: (1) an opportunity be provided for public hearings; and (2) the applicant establish competency to construct and operate the facility in conformity with the application. Requires the holder of a license to notify the Commission of the proposed date of initial operation at least nine months before commencement. Directs the Commission to adopt regulations establishing criteria to govern all modifications of Commission regulatory requirements. Declares that the Commission, in making any determination under this Act, need not consider or reconsider any issue that has been resolved in any other proceeding under this Act, in the absence of significant new information substantially affecting the conclusions reached in the other proceeding. Title II: Technical and Conforming Amendments - Amends the Atomic Energy Act of 1954 to conform to the provisions of this Act.
United States · United States Congress · 7 February 1985
Revises Federal procedures regarding the establishment of interstate cost estimates to direct the Secretary of Transportation to apportion such estimates for construction funds and substitute highway and urban transit projects on October 1 of 1985-1988 if the Congress has not approved such estimates by that time.
United States · United States Congress · 6 February 1985
Amends the Federal Election Campaign Act of 1971 to remove the authority for certain Members of Congress to use excess campaign funds for personal purposes.
United States · United States Congress · 4 February 1985
Energy Consumer Regulatory Reform Act of 1985 - Amends the Energy Conservation and Production Act and the Energy Reorganization Act of 1974 by repealing provisions relating to energy conservation improvements to buildings. Repeals provisions of the National Energy Conservation Policy Act and the Energy Security Act relating to residential energy conservation service and commercial and apartment energy conservation service. Repeals energy efficiency standards and requirements for consumer products other than automobiles under the Energy Policy and Conservation Act. Amends the Public Utility Regulatory Policies Act of 1978 to repeal retail regulatory policies for electric and gas utilities. Repeals provisions of the Energy Conservation and Production Act relating to electric utility rate design initiatives. Amends the Energy Policy and Conservation Act by repealing provisions relating to State energy conservation programs and general emergency energy authorities. Repeals the Emergency Energy Conservation Act of 1979.
United States · United States Congress · 24 January 1985
Amends the Internal Revenue Code to exclude from gross income a corporate stock distribution to a stockholder based upon the reinvestment of stock dividends in the corporation by such stockholder pursuant to his election to participate in a qualified dividend reinvestment plan. (Present law limits such exclusion to dividend reinvestment in stock of public utilities.) Limits the amount of such exclusion to $1,500 per taxable year ($3,000 in the case of a joint return.)
United States · United States Congress · 24 January 1985
Constitutional Amendment - Proclaims the English language to be the official language of the United States. Prohibits the United States or any State from requiring the use of any other language. States that this article shall not prohibit educational instruction in a language other than English for the purpose of making students proficient in English. Authorizes the Congress and the States to enforce this article by appropriate legislation.
United States · United States Congress · 24 January 1985
Expresses the sense of the Congress that the President should: (1) ensure that U.S. officials carry out the pledge to resolve the issue of the Americans still missing and unaccounted for in Indochina; (2) work for the immediate release of any Americans still held captive and the return of the remains of those who died in Southeast Asia; and (3) make every effort to secure the further cooperation of Laos and Vietnam in resolving this issue.
![Official portrait of Rep. Broyhill, James T. [R-NC-10]](https://www.congress.gov/img/member/b000966_200.jpg)