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
Parental and Disability Leave Act of 1985 - Title I: General Requirements for Parental and Disability Leave - Entitles each employee to disability leave (for nonoccupational medical reasons) of not fewer than 26 workweeks in any one calendar year. Provides that such leave need not be taken consecutively and may consist of unpaid leave. Requires any employer which provides temporary nonoccupational disability leave or benefits, or both, to provide such leave or benefits in such a manner that each employee is entitled to a minimum of 26 workweeks of disability leave in any one calendar year. Provides that, if the benefits provided are paid benefits for a period of less than 26 weeks, the additional weeks of leave which are added to meet the 26-week minimum may be unpaid. Directs the Secretary of Labor to promulgate regulations governing employer verification of employees' eligibility for such leave. Requires that the same standards, procedures, or other requirements so imposed apply to all temporary disabilities. Entitles each employee to parental leave (for birth, adoption, or serious illness of a child) of not fewer than 18 workweeks in any two years upon advance notice to his or her employer. Provides that such leave need not be taken consecutively and may consist of unpaid leave. Requires any employer which provides parental leave or benefits, or both, to provide such leave or benefits in such a manner that each employee is entitled to a minimum of 18 workweeks of parental leave in any two calendar years. Provides that, if the benefits provided are paid benefits for a period of less than 18 weeks, the additional weeks of leave which are added to meet the 18-week minimum may be unpaid. Directs the Secretary of Labor to promulgate regulations governing: (1) employer verification of employees' eligibility for such leave; and (2) the form, content, and timing requirements of the notice to the employer. Entitles each employee who exercises his or her right to a disability leave or a parental leave under this Act, upon expiration of such leave, to be restored by the employer to the position held by the employee when the leave commenced or to an equivalent position. Requires the employer to maintain any existing health benefits of the employee for the duration of such disability or parental leave period. Entitles each employee, at his or her option, to take such disability or parental leave on a reduced leave schedule. Limits to a maximum of 39 consecutive weeks the total time over which such reduced leave schedule may be spread. Sets forth prohibitions against retaliation. Makes it unlawful to interfere with an individual's exercise of rights or participation in proceedings or inquiries under this title. Provides that any negative material change in the seniority, status, employment benefits, pay, or other terms or conditions of the position of an employee which occurs within one year of restoration to the position, or within one year of the termination of proceedings or inquiries, shall be presumed to be prohibited retaliation. Sets forth provisions for enforcement of this title. Gives an employee the right to bring a civil action against an employer to enforce the provisions of this title. Authorizes the Secretary to bring such actions, except against any public agency. Gives U.S. district courts original jurisdiction over such actions. Sets forth venue provisions. Provides for equitable relief, damages, punitive damages, and reasonable attorneys' fee and costs in such actions. Requires that the Secretary be notified of any such action. Gives the Secretary the right to intervene in any such action brought by an employee. Gives any aggrieved person the right to intervene in any such action brought by the Secretary. Sets forth a statute of limitations and a limitation on the period of recovery. Sets forth provisions for attorneys for the Secretary in such actions. Sets forth the investigative authority of the Secretary to determine whether any person has violated or is about to violate any provision of this title or any regulation or order issued thereunder. Limits required submissions, for purposes of such investigations, to an annual basis, unless the Secretary has reasonable cause to believe that there may be a violation. Authorizes the Secretary to prescribe regulations to carry out this title. Authorizes appropriations to enable the Secretary to carry out functions or duties under this title. Sets forth provisions relating to the effect of this title on Federal laws, State and local laws, and existing employment benefits. Title II: Commission to Recommend Means to Provide Salary Replacement for Employee Taking Parental and Disability Leaves - Establishes the Paid Parental and Disability Leave Commission. Sets forth provisions for Commission membership, including provisions to ensure a broad representation of child advocacy, women's rights, labor, management, and academic interests. Directs the Commission to: (1) study domestic and foreign systems, both existing and proposed, which provide workers with full or partial salary replacement or other income protection during periods of nonoccupational temporary disability leave, parental leave, and dependent care leave; (2) produce a comprehensive written analysis of such systems, including recommendations for implementation of such a system for all workers in the United States; and (3) propose legislation to implement a system of salary replacement for temporary nonoccupational disability leave (within two years after the effective date of this Act) and for parental leave. Sets forth provisions relating to Commission powers, administration, and compensation of members. Provides that the Commission shall prepare and submit to the Congress such interim reports as the Commission deems appropriate, but requires that its report and proposed legislation to provide salary replacement for employees on nonoccupational temporary disability be submitted to the Congress within two years of the date of enactment of this Act. Terminates the Commission 30 days after the submission of its final report.
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
Amends the Internal Revenue Code to provide that the extent of faculty supervision or participation with respect to the performance of teaching, research, or other services by individuals who are candidates for a degree shall not be relevant in determining whether such activities are required as a condition for receiving a degree for purposes of excluding amounts received for such services from gross income pursuant to provisions allowing a tax exclusion for scholarship and fellowship grants. Provides that all degree candidates do not have to perform substantially identical activities with respect to teaching, research, or other services for such activities to be found to be a condition for receiving a degree.
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 · 3 April 1985
American Footwear Industry Recovery Act of 1985 - Limits the imports of nonrubber footwear into the United States to 450,000,000 pairs per 12 month period for eight years. Directs the Secretary of Commerce (the Secretary) to allocate the import limitations among foreign countries, taking into consideration: (1) average levels of imports for the period 1978 through 1982; (2) findings of unfair trade practices with respect to nonrubber footwear products; (3) recent market trends; and (4) such other considerations as the Secretary deems appropriate. Directs the Secretary and the Secretary of the Treasury to take all necessary actions to enforce this Act. Authorizes the Secretaries to issue such implementing regulations as necessary to effect the purposes of this Act and to enforce its provisions.
United States · United States Congress · 3 April 1985
Endorses the statements of the Secretary of State that: (1) the system of apartheid in South Africa is "totally repugnant to the people of the United States"; (2) the most recent killings "underline how evil and unacceptable apartheid is"; and (3) the most recent act of violence of the South African police is "deplorable and the people of the United States have nothing except denunciation to say for it." Requests the Secretary to conduct an independent investigation of the violence in the Eastern Cape area of South Africa between March 21 and March 24, 1985, and to submit a report to the Congress by April 30, 1985, on the circumstances relating to the violence.
United States · United States Congress · 2 April 1985
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate the benefit disparity between those born before 1916 and those born after 1916 which was effected by the enactment of the Social Security Amendments of 1977. Directs the Secretary of Health and Human Services to recompute the primary insurance amount so as to take into account the amendments made by this Act and to pay to any individual so entitled any additional lump sum amount to which such individual is entitled by reason of this Act. Prohibits the recomputation from reducing any individual's benefit.
United States · United States Congress · 2 April 1985
Polygraph Control and Privacy Protection Act of 1985 - Prohibits any person engaged in interstate commerce from: (1) requiring any employee, officer, or applicant for employment to take a polygraph test in connection with employment; (2) denying employment or disciplining an employee by reason of such individual's refusal to submit to such a test; or (3) using the results of such a test in connection with an individual's employment. Sets forth civil and criminal penalties for violations of such provisions. Authorizes civil actions in U.S. district courts on behalf of aggrieved individuals. Provides that this Act shall not apply to any person who enters into a contract with the Central Intelligence Agency, the National Security Agency, or the Department of Defense to perform functions relating to intelligence, counterintelligence, or national security.
United States · United States Congress · 2 April 1985
Military Chaplains Faith Balance Act of 1984 - Directs the Secretary of Defense to increase the representation of underrepresented religious faiths among armed forces chaplains.
United States · United States Congress · 2 April 1985
World War I Veterans' Service Pension Act - Directs the Administrator of Veterans Affairs to pay a monthly pension of $150 to each veteran of World War I who meets specified service requirements. Requires such veteran, if receiving another pension administered by the Veterans Administration (VA), to elect which pension he will receive. Provides for the payment of a monthly pension of $100 to surviving spouses of World War I veterans who meet certain marriage requirements. Requires such surviving spouses to choose between pensions if they are currently receiving another pension through the VA.
United States · United States Congress · 2 April 1985
Declares that all persons in the workplace, regardless of whether they are employed in manufacturing or any other industrial or commercial enterprise, have a fundamental right to know when they are handling or are exposed to a hazardous substance which may threaten their health and well-being. Declares that the Occupational Safety and Health Administration should immediately revise its Hazardous Communication Standard so as to: (1) provide for the dissemination of meaningful information to workers on the actual identity and composition of hazardous substances which workers handle or are exposed to; (2) extend "Right to Know" protection to all workers in all industries and services which are not covered by this standard; and (3) set minimum requirements which States may improve upon through appropriate legislation. Commends the action of those State and local governments which have passed community "Right to Know" laws to safeguard the health and well-being of all their citizens in the community at large.
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
Comprehensive Nutrition Assistance Act of 1985 - Title I: National School Lunch Act and the Child Nutrition Act of 1966 - School Lunch and Child Nutrition Amendments of 1985 - Amends the Child Nutrition Act of 1966 and the National School Lunch Act to authorize appropriations through FY 1986 for: (1) the special supplemental food program for women, infants, and children (WIC); (2) State administrative expenses; (3) the nutrition education training (NET) program; (4) the children's summer food service program; and (5) the commodity distribution program. Authorizes appropriations through FY 1988 for State administrative expenses relating to the school nutrition programs. Increases NET authorizations. Reduces the student cost of a reduced price lunch from 40 cents to 25 cents and of a reduced price breakfast from 30 cents to 15 cents. Increases reduced meal income eligibility limits from 185 percent to 195 percent of the poverty level. Provides an additional six cents per breakfast to increase the nutritional quality of such program. Requires the Secretary of Agriculture to promulgate related nutritional improvement regulations. Extends the lunch program "offer versus serve" provision to the breakfast program. Permits a child to refuse one breakfast item if such refusal option is permitted by the local school food authority. Raises the program tuition limit under such Act for private schools from $1,500 to $2,500. Requires annual inflation adjustments. Increases the number of reimbursable meals and snacks under the child care food program. Excludes certain medical expenses from household income for program eligibility purposes. Eliminates the requirement that free meal eligibility be the same as that required for food stamp eligibility. Prohibits the Secretary from requiring school lunch program income verification unless the direct cost of such verification is appropriated. Makes kindergartens in specified schools eligible for the special milk program. Establishes a tiered-payment system for the child care food program. Obligates specified food service equipment appropriations for low-income area schools. States that school food facilities and personnel may be used for nonprofit nutrition programs for the elderly. Prohibits the Secretary, through FY 1986, from reducing child nutrition benefit eligibility unless legislatively directed. Qualifies children participating in the food stamp or aid to families with dependent children (AFDC) programs for free breakfasts and lunches. Makes specified nonprofit private sponsors eligible for the summer feeding program. Increases FY 1984 WIC authorizations. Extends administrative fund allocation provisions through FY 1988. Directs the Secretary to apportion funds so as to insure that at least 70 percent of each fiscal year's amounts have been obligated or used by the beginning of such year's fourth quarter. Provides that such requirement shall not apply to supplemental appropriations enacted after January 1 of a fiscal year or to any reallocated funds. Prohibits States from using more than two and one-half percent of a current fiscal year's WIC appropriations for a preceding year's expenditures. Permits administrative funds to be used for technical assistance to improve State administrative systems. Includes AFDC among the programs to be coordinated with the child nutrition programs. Provides for a reduction in program paperwork. Requires the Secretary to fill any vacancy in the National Advisory Council within 90 days. Requires that the Council meet at least once annually. Requires the Secretary to: (1) conduct a study of the feasibility of a universal school lunch program; and (2) report to the Congress by January 1, 1988. Extends, subject to fund availability, the alternative (cash) assistance school lunch pilot study through the school year ending June 30, 1986. Requires the Secretary, subject to fund availability and upon request, to provide financial assistance to participating school districts that sustained losses due to the methodology change for the school year ending June 30, 1983. Authorizes appropriations for such purposes. Requires the Secretary to: (1) conduct a study of the State administrative expense allocation formula and procedures, including the merits of a State matching requirement; and (2) report to the Congress by January 31, 1986. Requires the Secretary to: (1) conduct a study of the effect on families of the child nutrition programs authorized under the Child Nutrition Act of 1966; and (2) report to the Congress by January 1, 1987. Prohibits a contract between a school food authority and a food service company to provide a la carte food service unless such company provides free and reduced price meals to eligible children. Sets aside specified WIC funds for eligible migrants. Title II: Other Food and Nutrition Programs -Amends the Temporary Emergency Food Assistance Act of 1983 (which makes excess commodities available to eligible agencies for distribution) to extend the authorization of appropriations for another year, through FY 1986. Sets aside specified funds from such program for previously unserved areas, particularly areas of rural poverty. Amends the Community Services Block Grant Act, through which the Secretary is authorized to make grants to assist and coordinate food assistance resources at the State, local, and community level, to increase the level of authorizations for FY 1985 and 1986. Sets aside specified funds from such program for organizations serving seasonal or migrant farmworkers and Indian tribes and organizations. Amends the Head Start Act to increase the authorization of appropriations for FY 1986. Limits the use of certain funds to increasing participation in the Head Start program. Amends the Food Stamp Act of 1977 to increase specified amounts which may be deducted from a household's income when determining food stamp eligibility. Authorizes a State agency to calculate household income on either a prospective or retrospective basis. Increases the amount of assets a household may retain and still remain eligible for food stamps. Increases the value of household allotment allowed. Amends the Agriculture and Consumer Protection Act of 1973 to extend for another year, through FY 1986, the commodity supplemental food program. Authorizes local agencies to provide supplemental commodities to low-income elderly persons so long as such supplement does not reduce commodity assistance to women, infants, and children. Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize appropriations for the Cooperative Extension Service for FY 1986, increasing the amount authorized for FY 1985. Sets aside specified funds from such program to carry out the expanded food and nutrition program known as the Smith-Lever Act. Sets aside specified funds for geographical areas in which the infant mortality rate or hunger-related disease is high.
United States · United States Congress · 28 March 1985
Prohibits a Federal agency from procuring by contract any services performed by Federal employees in the competitive service positions of guards, elevator operators, messengers, and custodians if such procurement would: (1) cause the involuntary separation of a preference eligible from any such position; or (2) preclude the performance of any such service by a qualified preference eligible. Provides that neither an involuntary reassignment within the same agency nor an involuntary transfer to another agency shall be considered to be an involuntary separation if such reassignment or transfer is to a vacant position which is the same type, at the same or higher pay, within the same commuting area, and for which the preference eligible is qualified. Allows the procurement of such services by contract: (1) when qualified preference eligibles are not available; and (2) for positions held by employees other than preference eligibles. Requires that any such procurement be conducted in accordance with applicable Federal procurement laws, including specified provisions requiring certain procurements of services from qualified nonprofit agencies for the blind and for other severely handicapped.
United States · United States Congress · 28 March 1985
Amends the Food Stamp Act of 1977 to establish separate deductions for dependent care expenses and excess shelter expenses for determining eligibility for certain food stamp benefit levels. Increases the maximum amount of such deductions.
United States · United States Congress · 28 March 1985
Medicare Solvency and Health Care Financing Reform Act of 1985 - Adds a new title XXI to the Public Health Service Act entitled "Programs for Reforming the Health Care Financing System." Sets forth part A of such title entitled "State Health Care Programs." Provides that if a State transmits to the Secretary of Health and Human Services, within one year of the enactment of this Act, a statement that the State intends to submit a health care plan (described below), for purposes of making payments to the State under title XIX (Medicaid) of the Social Security Act the Federal medical assistance percentage shall be 102 percent of such percentage as otherwise determined under Medicaid for such State for up to one year. Directs the Secretary to exempt hospitals in a State from the prospective payment limits established under this Act for certain time periods occurring during the first year of the transition period (defined in part C of title XXI as the 24-month period beginning January 1986) if: (1) the State requests such treatment; (2) the State indicates an intention to have implemented a State plan under title XXI which will provide for a recoupment of any revenues received in excess of the amounts permitted under part A; and (3) the State has agreed, with respect to such hospitals, that if a State plan under this Act is not implemented by the end of the first year of the transition period, then the Secretary shall provide for such adjustment in the prospective payment limits under part I of part B as will provide for recoupment in the subsequent year of any revenues received in excess of amounts permitted. Authorizes a State to apply to the Secretary for the approval of a health care plan for the State for an initial period of up to three years, subject to disapproval. Authorizes extensions of such initial period for up to two additional years. Provides that, for any one-year period, in the case of any State with an approved plan: (1) the transitional period provisions of subpart I of part B of title XXI shall not apply; (2) requirements for reimbursement (other than those relating to beneficiary cost sharing) under title XVIII (Medicare) of the Social Security Act shall be waived; and (3) for purposes of making payments to a State under Medicaid the Federal medical assistance percentage shall, for the year the plan is in effect, be 103 percent (or 104 percent in the case of an unrestricted Medicaid plan) of the amount of the Federal medical assistance percentage otherwise determined under Medicaid and 102 percent (or 103 percent in the case of an unrestricted Medicaid plan) for any subsequent year (except for any extension period) of the amount of the Federal medical assistance percentage otherwise determined. Defines "unrestricted Medicaid plan" as a State Medicaid plan which does not impose any limitation on the scope or duration of inpatient hospital services other than requiring that such services be medically necessary. Directs the Secretary to annually review each approved plan. Requires the continued approval, for a certain time, of a plan not in compliance, if the State certifies that it will comply within a stated time period. Permits a further extension of approval if there is a trend towards compliance. Provides for the establishment of a Federal program with respect to hospitals for a State which cannot comply. Requires a State plan, in order to be approved, to meet the general requirements set forth below and, if applicable, certain requirements relating to ratesetting plans. Permits a plan, in meeting the general requirements, to be designed in a manner that meets such requirements through a ratesetting system, a voluntary system, or through the use of competitive mechanisms. Requires a plan to be designed in a manner so as to provide, to the satisfaction of the Secretary, that: (1) the amount of the total revenues per discharge for all hospitals in the State for each year beginning before 1987 in which the plan is in effect may not exceed the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor; and (2) the amount of the total revenues per discharge for all services furnished to hospital inpatients for all hospitals in the State for each year beginning after 1986 in which the plan is in effect may not exceed the sum of the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor, plus the base physician-related hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the plan is in effect and provided for a limitation under this clause (2), and the population-discharge factor. Authorizes a State, at its option, to apply the test specified in clause (2) instead of the test specified in clause (1) with respect to years prior to 1986. Permits a plan, instead of meeting the above requirements, to meet such other alternative test of constraint of health care costs as the Secretary determines will not result in a greater expenditure of funds under title XVIII (Medicare) of the Social Security Act and by private payers than would have been made if the plan met the above requirements. Requires a plan to be designed so as to provide that the amount of revenues for inpatient hospital services and physicians' services to hospital inpatients and individuals entitled to benefits under parts A (Hospital Insurance) and B (Supplementary Medical Insurance) of title XVIII of the Social Security Act may not exceed the amount which would otherwise be payable (including copayments and deductibles) for such services under title XVIII. Permits a plan (other than a plan providing for the establishment of rates of hospital reimbursement for hospital inpatient services) to provide that payment under title XVIII for inpatient hospital services and for other services furnished to hospital inpatients shall continue to be made in the amounts and in the manner otherwise provided under Medicare. Requires that the unreimbursed costs incurred by hospitals in providing services to low-income, uninsured or underinsured patients (other than Medicare or Medicaid patients) be paid pursuant to a plan in an amount which must, in the aggregate, be the same proportion of total revenues as such unreimbursed costs are of total costs of patients who are neither Medicare nor Medicaid patients. Provides that such unreimbursed costs shall be paid through distribution of funds pooled at the statewide level, through a higher payment rate, or through another method approved by the Secretary. Requires a plan to have a mechanism for providing fair hearings for hospitals and any other entities aggrieved by determinations made under the plan. Requires a State to provide for the appointment of a panel, consisting of members with expertise in health care economics and service delivery, to advise in the development and implementation of its plan, periodically review and propose modifications to the plan, and establish the methodology for establishing the percentage limit used to compute hospital revenues. Requires such methodology to include the use of appropriate external price indicators, the use of data from major collective-bargaining agreements for nonsupervisory hospital employees, and other appropriate indicators of wage costs. Requires the methodology to be approved by the Secretary. Requires a plan, to the extent that it provides for meeting plan requirements through a system which provides for the establishment of rates for hospital reimbursement for hospital inpatient services by an entity other than the hospital, to meet the following additional requirements: (1) except as provided in clause (2), the plan must provide equitable treatment of all entities that pay for health services covered under the plan, of hospital employees, and of patients; (2) if the plan is established under State law, the plan must take into account the proportion of costs associated with, and services covered by, the different payors, including Medicare and Medicaid, and may not permit undue shifting of proportions of costs among the different payors; (3) the plan may not make available any discount in price to any purchaser unless the discount accurately reflects economic benefits to a hospital resulting from a service arrangement with a purchaser and the discount is made available to all other purchasers who can satisfy such service; and (4) the plan must provide a procedure whereby, upon the request of a hospital, an adjustment can be considered to the rate limitation applicable under the plan to that hospital to reflect a significant change in the inpatient hospital services, increased costs for the compensation of employees, funds necessary to provide for the efficient operation of a hospital which the State has determined should remain in operation, and higher expenses associated with a regional tertiary care institution, teaching hospital, or children's hospital. Directs the Secretary, in reviewing a plan which provides for control of hospital inpatient costs through a competitive mechanism, to take into account the degree to which the plan provides for the following or other measures to improve price competition among providers: (1) the plan provides for open enrollment periods; (2) the plan provides for the dissemination of information concerning different health benefits plans; (3) the plan encourages innovation and public incentives to new forms of health care delivery and financing; (4) there are negotiated prices and risk-sharing between insurers and health care providers; and (5) the laws of the State do not impose legal barriers to competition in negotiated and other arrangements among insurers and health care providers. Sets forth part B of title XXI entitled "Residual Federal Program, subpart I, Transition Period." Provides that, subject to the provisions of subpart I, for any accounting period of a hospital subject to subpart I, the total revenues for inpatient hospital services may not exceed the total of such revenues that are permitted on the basis of prospective payment limits established under subpart I for the hospital's discharges as classified by diagnosis-related groups. Requires each hospital subject to a limitation on revenues under subpart I to provide for the publication of a price list which establishes the price per discharge which any payor may pay for inpatient hospital services. Requires a hospital to submit its price list to the Secretary. Directs the Secretary to determine (for each accounting period) a prospective payment limit for inpatient hospital services for discharges classified by diagnosis-related groups. Sets forth the method for determining and adjusting the limit for each hospital for discharges. Authorizes the Secretary, at the request of a hospital, to increase the allowable revenues for an accounting period or provide for an increase in the base number of discharges otherwise permitted under subpart I to allow for higher revenues than would otherwise be permitted if: (1) a major renovation or replacement of physical plant or significant change in the capacity of the hospital has occurred; (2) the hospital is a sole community provider or provides a disproportionate percentage of its services to low-income or Medicare patients, the hospital would otherwise be insolvent, and the State has determined that the hospital should remain open; (3) a larger revenue increase is needed because the hospital is a regional tertiary care institution, teaching hospital, or children's hospital; and (4) there has been a significant change in the characteristics of the hospital's mix of patients. Subjects a hospital which has total inpatient revenues for an accounting period in excess of its applicable limit to a civil penalty, unless the excess is deposited in an escrow account. Permits withdrawals from the account upon the Secretary's certification that the total inpatient revenues of a hospital for an accounting period fall below the applicable limit for that period. Establishes a civil penalty for a physician or other person or entity (other than a hospital) who has charged any person or entity for services which are required by law to be billed to a hospital. Sets forth provisions relating to notice, opportunity for a hearing, and appeal of such penalties. Prohibits a hospital from engaging in an admission practice that results in: (1) a refusal to admit a patient who is unable to pay for inpatient hospital services; (2) the refusal to admit a patient who would be expected to require unusually costly or prolonged treatment; or (3) the refusal to provide emergency services to any person in need of such services. Sets forth penalties, including exclusion from Medicare or Medicaid participation, for hospitals committing such admissions violations. Sets forth subpart II of Part B entitled "Post-Transition Period." Provides that in the case of a State not having a plan approved under part A and in effect for any period beginning after the transition period, the Secretary shall establish and implement a health care plan for such State for such period which meets the requirements of part A, with specified differences. Sets forth definitions under part C of title XXI. Establishes an Advisory Committee on Health Care Technologies and Procedures. Directs the Advisory Committee to examine the appropriateness of the various interventions and the conditions under which they are needed, the safety and efficacy of alternative therapeutic and preventive regimens, and the standards for availability and utilization of various technologies, and to publicly report on whether or not payments should be made for such services and, if so, under what conditions and frequency of service. Exempts individuals enrolled in health maintenance organizations and competitive medical plans from the limits established under title XXI on revenues and discharge of a hospital if: (1) the organization elects such treatment; or (2) the organization annually pays for more than 20 percent of the number of bed-days of care with respect to that hospital. Amends provisions of the Public Health Service Act relating to employees' health benefits plans to provide that if an employer makes a contribution with respect to the costs of a health benefits plan of an employee and the employer offers the option of membership in a health maintenance organization or a competitive medical plan, which membership provides benefits at least actuarially equivalent to those provided under the other health benefits plan, the employer shall: (1) contribute at least as much towards the membership as the maximum amount of the employer's contribution to the other plan; (2) provide for a cash rebate if the contribution with respect to any other health benefits plan exceeds the cost of membership with the organization; and (3) provide information to employees that reasonably compares the benefits and costs of different plans. Exempts from the provisions of the previous sentence employees of an employer represented by a collective bargaining representative or other employee representative selected under any law. Amends title XVIII (Medicare) of the Social Security Act, with respect to health maintenance organizations and competitive medical plans, to provide that the annual per capita rate of payment for each class of members shall be 100 percent in the case of individuals enrolled with an eligible organization in an area where at least 30 percent of the individuals eligible to enroll with an organization are enrolled. Amends title XIX (Medicaid) of the Social Security Act to exempt a health maintenance organization which is a public entity from the requirement that at least 75 percent of its membership be Medicaid eligible or insured under part B (Supplementary Medical Insurance) of title XVIII or under both parts A (Hospital Insurance) and B of title XVIII. Directs the Secretary, under the prospective payment provisions of title XVIII of the Social Security Act, to provide that in the case of a State health care plan approved under Part A of title XXI of the Public Health Service Act payments with respect to services covered under title XXI: (1) may, at the State's option, be made in accordance with title XXI rather than Medicare; or (2) shall be made in accordance with title XXI rather than Medicare in the case of a plan which provides for the control of hospital costs through a title XXI ratesetting mechanism. Provides for increased Medicare payments to a hospital for its operating costs if the number of admissions for an accounting period exceeds the hospital's admissions during a specified base period. Directs the Secretary to determine a regionally adjusted capital-related prospective payment rate for each inpatient hospital discharge in accordance with a specified formula. Directs the Secretary, for each diagnosis-related group, to estimate the average per discharge amount of charges recognized under part B of title XVIII attributable to items and services furnished to inpatients within such group during 1983. Provides that, subject to the part B deductible and subject to other provisions of the Medicare prospective payment rate provisions, with respect to each individual entitled to benefits under part A and enrolled under part B of title XVIII who is a hospital inpatient and whose discharge is classified within a diagnosis-related group, the Secretary shall provide for payment to the hospital of an amount equal to 80 percent of a specified rate in lieu of payments otherwise made under part B for inpatient services. Requires that: (1) payments for health care services furnished to inpatients be made to or through a hospital as a condition of the hospital's participation in the Medicare payment; and (2) the Secretary provide for notice to the public and to individuals enrolled under part B of title XVIII of the Social Security Act of such requirement. Permits the Federal Hospital Insurance Trust Fund to borrow at any time from other social security trust funds if it can repay the loan within ten years. Provides for the periodic transfer to the Federal Hospital Insurance Trust Fund from the Federal Supplementary Medical Insurance Trust Fund of amounts which the Secretary determines to be equal to a specified fraction of the total revenues of the Federal Supplementary Medical Insurance Trust Fund for each fiscal year. Directs the Secretary to conduct and report to the Congress on seven studies relating to: (1) health care costs, quality, delivery, and services; and (2) the effects of this Act.
United States · United States Congress · 28 March 1985
Simultaneous Nuclear Test-Ban Act - Expresses the sense of the Congress that the President, before August 6, 1985, should declare that the United States will begin a three month cessation of the testing of nuclear warheads on that date if before that date the Soviet Union makes a similar declaration that effective on that date the Soviet Union will begin a three month cessation of the testing of nuclear warheads. Declares the United States should continue such cessation indefinitely unless and until the President certifies to the Congress that the Soviet Union has conducted a nuclear warhead test. Expresses the sense of the Congress that during such cessation the President should seek resumption of the comprehensive test ban talks between the United States, Great Britain, and the Soviet Union. Prohibits the United States from obligating or spending any money for testing nuclear warheads during the three month period beginning on August 6, 1985, if the President does not declare such a cessation of nuclear testing. Authorizes such spending if the President certifies to the Congress that the Soviet Union on or after August 6, 1985, tested a nuclear warhead. Requires the President to include in any such certification: (1) an unclassified report summarizing the basis for the certification; and (2) a classified report describing the Soviet activities that are the basis for the certification. Provides for inclusion in such talks of proposals for long-term mutually acceptable verification measures. Requires the President to report annually to the Congress on: (1) the progress in nuclear arms control negotiations with the Soviet Union; and (2) whether the President believes that continuation of the cessation of nuclear testing is in the U.S. national security interest.
United States · United States Congress · 28 March 1985
Prohibits interstate and foreign commerce in any article of fur derived from an animal trapped in a steel jaw leghold trap. Establishes criminal penalties for violations of this Act. Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Makes the Secretary, with the assistance of appropriate Federal or State personnel, responsible for enforcing this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture.
United States · United States Congress · 26 March 1985
Authorizes the Secretary of Education to provide financial assistance to the Bethune-Cookman College in Volusia County, Florida, to establish the Mary McLeod Bethune Memorial Fine Arts Center. Authorizes appropriations for such purpose.
United States · United States Congress · 26 March 1985
National Commission on Illiteracy Act - Establishes a National Commission on Illiteracy. Provides for Commission members to be appointed by the President and by specified congressional officers. Directs the Commission to conduct a full and complete study of the causes of illiteracy, including a study of methods of teaching reading and of methods of teacher training relating to classroom reading instruction. Directs the Commission to: (1) assess the factors which contribute to illiteracy; (2) recommend programs and policies for, and the appropriate local, State, and Federal role in, illiteracy prevention; and (3) assemble, analyze, and publicize its findings. Directs the Commission to submit to the President and the Congress: (1) such interim reports as it deems advisable; and (2) within 12 months after its first meeting, a final report of the study and investigation, with recommendations. Sets forth provisions relating to Commission administration, member compensation, and powers. Terminates the Commission 90 days after the submission of its final report. Authorizes appropriations.
United States · United States Congress · 21 March 1985
Commemorates May 18, 1985, as the 20th anniversary of the Head Start Program. Expresses the sense of the Congress that: (1) the Head Start Program has been cost-effective and successful; and (2) congressional commitment to such program is reaffirmed.
United States · United States Congress · 20 March 1985
Labor-Management Notification and Consultation Act of 1985 - Prohibits any employer (i.e. any business with 50 or more employees) from ordering a plant closing or permanent layoff until 90 days after the employer serves written notice of a proposal to issue such an order to: (1) the representative of the affected employees or, if none, to each affected employee; and (2) the Federal Mediation and Conciliation Service. Provides for reduction of such notification period if the Service determines that unavoidable business circumstances prevent the employer from withholding such closing or layoff until the end of such period. Provides for extension of such notification period thus prohibiting the ordering of such closing or layoff while the employer is subject to an order to continue to consult. Prohibits an employer from ordering a plant closing or permanent layoff unless the employer has: (1) met with representatives of the affected employees with respect to a proposal to order such closing or layoff; and (2) consulted in good faith with such representative for the purpose of agreeing to a mutually satisfactory alternative to or modification of such proposal. Makes such obligation to consult commence on the date of notice and continue until the end of the 90-day notification period. Provides that such consultation period shall be extended if the Service determines that the employer has failed to comply with such consultation requirements. Authorizes the Service to renew any such extension imposed. Requires the employer to disclose to the affected employees' representative information necessary for thorough evaluation of: (1) the proposal to order the closing or layoff; and (2) any alternatives or modifications suggested to such proposal. Authorizes the Service to issue protective orders to prevent disclosure of information which could compromise the employer's competitive position. Sets forth provisions for the administration and enforcement of requirements under this Act. Provides for: (1) assistance by the Service to employers, employee representatives, affected employees, State employment services, and other State and local officials; (2) investigations and injunctive actions by the Department of Labor; (3) civil actions against employers; and (4) civil actions against representatives of employees. Provides that the rights and remedies provided to employees by this Act are in addition to any other contractual, statutory, or other legal rights and remedies of the employees. Expresses the sense of the Congress that employers who, because affected employees do not have a representative, are not required to comply with the consultation and disclosure requirements under this Act should consult with and disclose information to such employees in order to reach a mutually satisfactory alternative or modification of the proposal to order the closing or layoff. Establishes a National Commission on Plant Closings and Worker Dislocation. Requires the Commission to report to the President and the Congress within 12 months of the appointment of members. Terminates the Commission 30 days after such report. Authorizes appropriations for the Commission.
United States · United States Congress · 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 Federal Employees Flexible and Compressed Work Schedules Act of 1982 to make permanent the authority of Federal agencies to use flexible and compressed work schedules.
United States · United States Congress · 19 March 1985
Intergenerational Education Volunteer Network Act of 1985 - Authorizes the Secretary of Education to make grants to local educational agencies (LEAs), or to public agencies and private nonprofit organizations applying jointly with one or more LEAs, to establish and operate intergenerational volunteer network programs, using senior citizen volunteers to help educationally disadvantaged children. Provides that such volunteers will tutor such children in their elementary and secondary schools and homes and will serve as liaisons between their schools and families. Provides that such funds may also be used to: (1) train volunteers, teachers, and other school personnel involved in such programs; (2) develop curricula materials; and (3) assist volunteers to pay for program-related expenses. Requires that each such grant shall be made to provide 90 percent of the cost of establishing and operating the program involved for a period of two to three years. Requires the remaining cost of such program to be provided from non-Federal sources. Provides that at least 90 percent of the amount appropriated to carry out this Act in any fiscal year may be used to make such grants. Limits to ten percent of such appropriations the amount which may be used by the Secretary for: (1) administrative costs; (2) the preparation of a biennial report to the Congress on such programs; (3) leadership training for project directors and other designated project personnel; and (4) ongoing technical assistance for such programs. Limits to ten percent that portion of such a grant which may be used by the grantee for administrative costs. Prohibits any part of such a grant from being used to: (1) pay the cost of any program established before the enactment of this Act; or (2) supplant any funds that would be available to the grantee in the absence of such grant. Requires that eligible applicants submit grant applications which describe the program and which provide assurances that: (1) local senior citizen groups and parent groups, and State agencies on education and on aging, are involved in program design; (2) local senior citizen groups and parent groups are involved in program operation; (3) good faith efforts will be made to locate for program participation senior citizen volunteers through programs under the Domestic Volunteer Service Act of 1973; and (4) only elementary and secondary schools and families eligible for assistance under title I of the Elementary and Secondary Education Act of 1965 may receive assistance under this Act. Directs the Secretary, before approving any such application, to transmit a copy of it to the Director of the ACTION Agency for review or recommendation. Prohibits the Secretary from approving such application until: (1) receipt of the Director's recommendation; or (2) 30 days after such application is so transmitted. Directs the Secretary, in approving such applications, to assure equitable distribution of such grants among the States. Authorizes appropriations for FY 1986 through 1990.
United States · United States Congress · 7 March 1985
Polygraph Protection Act of 1985 - Prohibits any employer from using any lie detector test or examination in the work place, for both pre-employment testing and testing in the course of employment. Requires the Secretary of Labor to prepare and have printed notices setting forth this prohibition. Requires employers to post these notices. Provides for remedies for violations of this Act as found in the Fair Labor Standards Act. Exempts Federal, State, and local employees from the Act's coverage.
United States · United States Congress · 7 March 1985
Anti-Apartheid Act of 1985 - Prohibits any U.S. person from making any loan to South Africa or to any organization owned or controlled by South Africa. Excludes from such prohibition a loan for any educational, housing, or health facility which: (1) is available to everyone on a nondiscriminatory basis; and (2) is located in an area accessible to all population groups. Declares that such prohibition shall not apply to loans for which an agreement is entered into before enactment of this Act. Directs the President to issue regulations prohibiting U.S. persons from making any investment (including bank loans) in South Africa. Excludes from such prohibition: (1) an investment which consists of earnings derived from a business enterprise in South Africa established before enactment of this Act and which is made in that business enterprise; or (2) the purchase of certain securities in such business enterprises. Prohibits any person, including U.S. banks, from importing into the United States any gold coin minted in or offered for sale by South Africa. Authorizes the President to waive the prohibitions against investments in South African businesses and against importing South African gold coins if: (1) the Government of South Africa meets at least one of seven conditions; (2) the President submits to the Congress a determination that such conditions are met; and (3) a joint resolution is enacted approving such determination. Authorizes the President to extend the waivers. Provides for expedited consideration of such joint resolution. Amends the Export Administration Act of 1979 to prohibit exporting computers, computer software, or goods or technology intended to service computers to or for use by South Africa or any organization owned or controlled by South Africa. Excludes from such prohibition donations of computers to primary and secondary schools. Declares that certain termination provisions of the Export Administration Act of 1979 shall not apply to such prohibition. Provides for enforcement of this Act. Sets forth penalties for violations of this Act. Directs the President to attempt to persuade through negotiations other countries to adopt restrictions on new investment in South Africa, on bank loans and computer sales to South Africa, and on the importation of krugerrands. Directs the President to submit annual reports to the Congress on the status of negotiations. Terminates the provisions of this Act and all the regulations issued to carry out this Act upon enactment of a joint resolution approving a determination submitted by the President to the Congress that apartheid in South Africa has been abolished.
United States · United States Congress · 7 March 1985
Homeless Emergency Relief Act of 1985 - Directs the Secretary of Health and Human Services, through the Office of Community Services, to provide grants to local governments or nonprofit organizations for the provision of emergency services (shelter, food, and outpatient care) to homeless persons and families. Limits: (1) Federal amounts to 75 percent of project costs; and (2) individual grants to $5,000,000. Establishes in such Office the Emergency Shelter Grants Review Board which shall review applications and recommend grant recipients to the Secretary. Authorizes FY 1986 appropriations.
United States · United States Congress · 7 March 1985
Requires each State to provide for voter registration by mail for Federal elections. Requires such registration to be carried out by a post card application form approved by the Attorney General. Prohibits any State from denying any person the right to vote on the grounds such person is not registered to vote if such person has complied with the requirements of post card registration. Requires the Postmaster General, the Commissioner of Social Security, and the Administrator of Veterans Affairs, in cooperation with the Attorney General and the Chief election officer of each State, to facilitate distribution of post card registration forms in Federal facilities.
United States · United States Congress · 7 March 1985
Amends the National Labor Relations Act to authorize the Secretary of Labor to prohibit the awarding of Federal contracts to persons who have violated certain judicial orders or orders issued by the National Labor Relations Board. Limits the period of such ban to not more than three years after the Secretary has certified the identity of such person to the Comptroller General. Permits the awarding of Federal contracts to such person during the period of the ban if the Federal agency or department, after notice and opportunity for hearing to all interested parties, certifies to the Secretary that there is no other source for the material or services furnished by such person.
United States · United States Congress · 7 March 1985
Directs States to conduct voter registration: (1) during regular business hours and days; (2) during voting hours at polling places on election days; and (3) at other times prescribed by State law. Prohibits any State from denying any individual the right to vote in any Federal election because such individual is not registered to vote if such State does not conduct registration as required by this Act.
United States · United States Congress · 6 March 1985
Handgun Crime Control Act of 1985 - Title I: Amendments to Chapter 44 of Title 18, United States Code - Amends the Federal criminal code to direct the Attorney General to approve for manufacture, assembly, importation, sale, or transfer any approved handgun model which is used for lawful sporting purposes. Makes it unlawful for any licensed manufacturer, importer, dealer, or collector to manufacture, assemble, sell, deliver, or transfer any handgun (other than a curio or relic) which is not an approved model. Makes it unlawful for any non-licensee to sell or transfer any handgun (other than curio or relic) unless such person knows or has reasonable cause to believe such handgun is an approved model. Prohibits a pawnbroker from being licensed as a dealer in handguns or handgun ammunition. Directs the Attorney General to review State laws providing for permits to carry and purchase handguns and certify those meeting specified standards. Allows an individual possessing a permit under a certified State law to purchase a handgun if certain requirements are met. Makes it unlawful for a licensed dealer to transfer a handgun to a person not holding a permit under a certified State law unless certain procedures are followed. Requires in any such case that the transferee appear in person at the dealer's business premises. Requires the dealer, before delivery of the handgun, to forward a copy of a sworn statement by the transferee to the chief local law enforcement officer of the transferee's place of residence and the Federal Bureau of Investigation (FBI) for an identity and record check. Prohibits delivery until 21 days after submission of the sworn statement. Makes it unlawful for any licensed importer, manufacturer, dealer, or collector to sell to the same person, or for any non-licensee to purchase, three or more handguns during a period of one year without the prior approval of the Attorney General. Makes it unlawful for any person to fail to report the loss, theft, or disappearance of a handgun in his possession to the authorities within 24 hours after discovering such loss. Requires all licensed importers, manufacturers, and dealers to maintain accurate records of all handgun transfers. Makes any person who negligently transfers a handgun in violation of this Act civilly liable for the death or injury of an individual as a result of the use of such handgun by the transferee during commission of an offense. Makes it unlawful for any person to transport any firearm or ammunition in interstate commerce if such transportation violates a State law in a place through which the firearm is shipped or an ordinance at the place of sale, delivery, or other disposition. Increases the license fee for handgun dealers from $10 to $500 and for manufacturers and importers from $50 to $5,000. Makes it unlawful for any illegal alien, dishonorably discharged member of the armed forces, or U.S. citizen who has renounced such citizenship to possess, transport, or receive any firearm or ammunition. Amends the Omnibus Crime Control Act to allow the court to abate the penalties for using or carrying a firearm during the commission of a felony if certain mitigating factors are present. Title II: Gun Control Functions Transferred to the Attorney General - Transfers to the Attorney General all functions of the Secretary of the Treasury under the Gun Control Act of 1968. Establishes the Firearms Safety and Abuse Control Administration within the Department of Justice. Requires the Attorney General to report annually to Congress on the activities of the Administration. Title III: Miscellaneous Provisions - Directs the Advisory Commission on Intergovernmental Relations, in consultation with the U.S. Conference of Mayors and the National League of Cities, to report on the intergovernmental problems involved in controlling illicit handgun traffic and the effectiveness of the Gun Control Act of 1968.
United States · United States Congress · 5 March 1985
Income and Jobs Action Act of 1985 - Declares that every adult American able and willing to earn a living has the right to a choice among opportunities for paid employment (part- or full-time) at decent wages or for self-employment. Directs all Federal agencies to plan and carry out their policies and programs so all adult Americans may exercise this right. Prohibits the Federal Reserve System or any other Federal agency from promoting recession, stagnation, or involuntary unemployment as a means of reducing wages and salaries or inflation. Declares that every adult American unable to work for pay has the right to an adequate standard of living that rises with increases in the wealth and productivity of the society. Provides that no adult American shall be judged unable to work merely because of the unavailability of suitable paid employment opportunities at a given time or place or because of the lack of previous employment. Requires, in the absence of such opportunities and until such opportunities can be provided, that an adult American able and willing to work for pay shall be provided with whatever income is required to maintain a moderate level of living, as defined by the Bureau of Labor Statistics. Directs the President, in the first annual message at the beginning of the first session of the Congress after the enactment of this Act, to include specific proposals for a Conversion Planning Fund, to be administered by agencies determined by the President. Provides that such Fund shall promote short- and long-term plans for coping with declines in civilian or military activities by developing specific policies, programs, and projects (including feasibility studies, education, on-the-job training, and inducements for necessary and desirable labor mobility) for the expansion of economic activities in sectors where additional or improved goods or services are needed. Requires, in addition to such other funds as may be authorized, that such Fund include no less than one percent of the amount appropriated for military purposes during each subsequent year. Directs the President, within six months after the enactment of this Act and thereafter in each annual economic report and budget message, to transmit to Congress a staged program to create conditions under which the rights set forth in this Act may be enjoyed and to describe how the Conversion Planning Fund may be most productively used. Sets forth requirements for the design of such program, including provisions for locally based over-all planning. Directs the President, as part of such annual program, to transmit to Congress a short- and long-range schedule for implementing the purposes of the Act. Requires that such schedule include reductions in: (1) the military budget; (2) wasteful tax expenditures and loopholes; and (3) interest rates and Federal deficits. Requires that such schedule include: (1) recommendations for the appropriate use and direction of public and private pension funds; (2) the creation or promotion of private and public development banks, particularly in neighborhoods and other areas of high unemployment and poverty; (3) the promotion of educational activities within each State in accordance with locally-based overall planning, with special attention to educational processes that promote and use the creative abilities of businesses, labor unions, nonprofit voluntary and cooperative organizations, and the unemployed; and (4) timetables for developing the conditions for progress in attaining the policy goals of this Act. Requires that any outlays proposed under such plan and program be presented in terms not only of gross outlays, but also of net outlays, computed with a full estimation of specified factors.
United States · United States Congress · 5 March 1985
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to permit each individual enrolled under part B to elect to be provided the benefits described in this Act. Provides that each such individual shall be deemed to have elected coverage for such benefits, unless the individual files notice to the contrary. Directs the Secretary of Health and Human Services to establish the premiums for such coverage. Sets forth the following benefits to be provided by such coverage: (1) the limitation on the length of inpatient hospital services under part A (Hospital Insurance) of title XVIII would be dropped; (2) coinsurance payments, under part A, for the first 100 days of skilled nursing coverage would be dropped; (3) coinsurance payments for part B services would be dropped; and (4) coverage for an annual preventive health care visit.
![Official portrait of Rep. Clay, William (Bill) [D-MO-1]](https://www.congress.gov/img/member/c000488_200.jpg)