United States · United States Congress · 25 June 1985
Child Care Opportunities for Families Act - Title I: Increasing the Supply of Child Care - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to increase the amount of appropriations authorized for FY 1985 through 1988 and succeeding fiscal years for title XX allotments to States. Reserves specified amounts from such title XX funds for FY 1986 through 1988 and succeeding fiscal years for use only for the provision of qualified child day care services. Directs the Secretary of Health and Human Services (HHS) to allot such reserved funds in the same proportions as regular title XX allotments. Defines qualified child day care services, for such purposes, as child day care services which are provided to: (1) children who are abused or neglected children, or at risk of being abused or neglected, or in families receiving child protective services; (2) children of eligible families who are recipients of aid to families with dependent children (AFDC); and (3) children (handicapped or nonhandicapped) of low-income parents (including legal guardians or primary caretakers) who are adolescents, or working, or enrolled in education or training programs, or seeking employment. Provides that such child day care services funds shall be: (1) only supplementary to funds from other sources (including other title XX funds); (2) separately accounted for in reports and audits; and (3) not transferable for purposes of other Federal block grant programs. Requires States, as a condition of eligibility for title XX block grants, to provide a State share of the total expenditures made by the State during any fiscal year (in cash or kind) for the provision of services directed at the goals set forth under title XX. Sets such State share to be provided from non-Federal public or private sources, at 25 percent of such total expenditures. Establishes a school-based early childhood education and child care services pilot program. Directs the Secretary of Education to make grants to States to assist local educational agencies (LEAs) to establish and expand such education and services for children aged four and five. Permits such pilot program funds to be used to: (1) extend half-day kindergarten to a full school day or typical working day to meet the needs of working parents; (2) contract with community-based child care organizations to provide part-day child day care to complement existing half-day or full school day school-based kindergarten or early childhood education programs; and (3) establish, or contract with community-based child care organizations to provide, pre-kindergarten or early childhood education programs and child day care services for children four years of age for a typical working day. Sets forth provisions for State applications for such pilot program grants, including requirements for: (1) State and LEA advisory panels; (2) encouragement of participation of severely handicapped children; and (3) priority consideration to programs serving substantial proportions of children from low-income families. Directs the Secretary of Education, in considering such applications to: (1) give preference to applicants whose programs provide services for the typical working day; and (2) ensure an equitable distribution of grants among States. Sets forth requirements for such pilot programs, including parent involvement, sliding scale fee scales, and no fees charged to families with incomes less than 150 percent of the poverty level. Sets forth matching requirements for such pilot programs. Limits the Federal share to 75 percent in the first year of assistance, 60 percent in the second year, and 40 percent in the third and any subsequent year. Limits administrative costs to five percent of the grant to the State or five percent of assistance to any LEA. Requires that at least ten percent of the total enrollment opportunities in each LEA in such pilot programs shall be available for handicapped children, with services to meet their special needs. Sets forth requirements for reports on, and evaluation of, such pilot programs. Defines community-based child care organization, for purposes of such pilot program provisions, as a private organization which is representative of the community and which has experience in providing child care services to low-income families. Authorizes appropriations for FY 1986 through 1988 for such pilot program of school-based early childhood education and child care services. Title II: Upgrading State Child Care Standards - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to add a further increase (above that already provided under title I of this Act) in the amount of appropriations authorized for Fy 1986 through 1988 and succeeding fiscal years for title XX allotments to States. Reserves specified amounts from such title XX funds for FY 1986 through 1988 and succeeding fiscal years for incentive grants to States for improvements in their child care licensing, regulatory, and monitoring systems. Directs the Secretary of Health and Human Services (HHS) to initially allot such reserved funds in the same proportions as regular title XX allotments. Requires that any remaining part of such reserved funds be used for making further grants to States which require additional assistance to carry out their State plans for such purpose. Requires that, for years after FY 1986, priority be given in distributing such additional funds to those States which have developed plans that will lead to their meeting or exceeding the recommended standards established by the National Advisory Committee on Child Care Standards pursuant to this Act. Requires the Governor of each State, as a condition of the State's eligibility for receiving title XX Federal payments, to establish or designate a State Advisory Committee on Child Care Standards which shall: (1) examine, investigate, and study the State's laws, regulations, and procedures for licensing, regulating, and monitoring child care services and programs within the State; and (2) prepare a report outlining the committee's findings and recommendations, including a description of the current status of child care licensing, regulating, or monitoring within the State to be submitted to each State's Governor for transmittal, along with the Governor's comments, to the Secretary of HHS. Establishes a National Advisory Committee on Child Care Standards in order to assist and provide guidance to the States in improving the quality of child care services. Requires each State Advisory Committee and the National Advisory Committee to review the options for child care standards published by the Department of HHS in January 1985 and the final 1980 HEW Day Care Regulations. Directs the National Advisory Committee to issue recommended standards for child care programs, after first publishing proposed standards and receiving comments. Terminates the National Advisory Committee 90 days after the publication of the final recommended standards. Directs the Secretary of HHS, from the title XX funds reserved and allotted to the States for such purpose, to make incentive grants to assist States in carrying out their plans to correct deficiences in, or otherwise improving, the licensing, regulating, and monitoring of their child care programs. Requires that State applications for such grants include such plans. Requires a detailed explanation if the State plan omits carrying out any recommendation contained in the State advisory committee's report. Title III: Expanding Private Sector Initiatives - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program of grants to local private nonprofit organizations to improve and expand child care services in the community by establishing and administering community funds for child care, in partnership with private for-profit businesses. Requires that such grants be used to provide: (1) child care scholarships on a sliding fee scale for low-income families through vouchers or by purchasing slots in child care programs; (2) partial scholarships of such sort to families ineligible for child care under title XX of the Social Security Act and whose income does not exceed $30,000; and (3) loans and grants to local nonprofit organizations (especially those serving significant proportions of low-income children) for start-up or renovation costs for community child day care services. Sets the maximum Federal share of the cost of expenditures from such community funds at 50 percent in the first year of Federal assistance, 40 percent in the second year, and 25 percent in the third and any subsequent year. Sets forth grant application requirements, including: (1) establishment of local advisory boards; and (2) obtaining of at least half of the local share of such community funds from for-profit private businesses. Directs the Secretary of HHS, in considering such applications, to: (1) ensure an equitable distribution of assistance among States and among urban and rural areas; and (2) give preference to organizations that have received such assistance in the previous year. Sets forth requirements for annual reports, evaluations, and audits of such community child care funds. Authorizes appropriations for FY 1986 through 1988 for such community child care funds program. Title IV: Training Child Care Personnel - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to add a further increase (above that already provided under titles I and II of this Act) in the amount of appropriations authorized for FY 1986 through 1988 and succeeding fiscal years for title XX allotments to States. Reserves specified amounts from such title XX funds for FY 1986 through 1988 and succeeding fiscal years for use by States in providing child care personnel training and retraining (including training in child development and in prevention of child abuse in day care settings). Provides that such training may be given to: (1) providers of licensed or registered child care services; (2) operators and staffs of facilities where such services are provided; (3) State licensing and enforcement officials; and (4) parents. Gives priority in such training to infant care providers, family day care providers, and providers of care for children with handicapping conditions. Directs the Secretary of Health and Human Services (HHS) to initially allot such reserved funds in the same proportions as regular title XX allotments. Requires that any remaining part of such reserved funds be used for making further payments to States on the basis of their respective needs and other factors which the Secretary of HHS considers appropriate. Establishes a program of scholarships for low-income individuals who are candidates for the Child Development Associate (CDA) credential. Directs the Secretary of HHS to make grants to States to provide such scholarships. Requires that preference be given to scholarship applicants who are candidates for the CDA credential for work in: (1) a family day care setting with children who are not more than five years of age; or (2) a center-based setting with children who are not more than three years of age. Requires State grant applications to assure that: (1) each scholarship will cover all necessary costs incidental to receiving the CDA credential; and (2) the State will not expend more than five percent of the grant for administrative costs. Defines low-income individual, for such purposes, as one whose income does not exceed 185 percent of a specified poverty line. Amends title V (Teacher Corps and Teacher Training Programs) of the Higher Education Act of 1965 (HEA) to add a new part G, Training Personnel for Early Childhood Education. Authorizes the Secretary of Education to make grants to institutions of higher education to: (1) train personnel for careers in early childhood education and development; and (2) prepare professional personnel to provide such training. Directs the Secretary to ensure that such part G grant funds are equitably distributed by geographic region and between four-year and two-year institutions. Permits such grants to be used by the institutions: (1) to cover the cost of such courses of training or study; and (2) for scholarships to individuals who agree to be providers of early childhood education or child day care services for at least two years after completion of their academic program. Requires that such scholarships be awarded on the basis of need to full- or part-time students, with preference to be given to those preparing to work with children three years of age or younger or children with handicapping conditions. Sets forth reporting requirements for grant or contract recipients under part G. Authorizes appropriations for FY 1986 through 1988 to carry out such HEA title V part G grants program for training personnel in early childhood education. Authorizes appropriations for FY 1986 through 1988 to carry out such program. Amends the Omnibus Budget Reconciliation Act of 1981 to revise provisions for grants to States for planning and development of dependent care programs. Adds an authorization of appropriations for FY 1986 for allotments to States to carry out the family day care training and technical assistance grants program added by this Act. Prohibits a project under such program from duplicating any services already provided by the State or locality to be served. Permits such program funds for FY 1986 to be used for grants to eligible nonprofit community-based organizations to provide: (1) training to family day care providers and individuals involved in training such providers (including child development and infant care training); and (2) technical assistance to family day care sponsors, providers, and individuals involved in training such providers, on laws and regulations applicable to the provision of family day care services. Allows training and technical assistance relating to the provision of family day care for handicapped children to be included under such grants. Makes nonprofit community-based organizations eligible for such grants if they: (1) have experience with working with such providers; and (2) agree to give training and technical assistance to such providers serving low-income families. Defines family day care as the care of children provided outside their residences, for a fee and on a part-day basis, by an individual in that individual's residence. Title V: Child Care Services for Special Groups - Part A: Child Care Services for Low-Income Postsecondary Students - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to add a new part D, Higher Education Institution-Based Child Care Program. Authorizes appropriations for such new part D program for FY 1986 through 1990. Directs the Secretary of Education to use such part D funds to make grants to institutions of higher education to provide child care services to low-income students. Sets forth grant application requirements, including provision of assurances that: (1) at least two-thirds of program participants are low-income individuals who are first-generation college students; (2) the remaining participants are either low-income individuals or first-generation college students; (3) the participants require the services to pursue a successful education beyond secondary school; (4) participants are enrolled at the grant recipient institution; and (5) the institution will provide to participants market rate vouchers for child care in licensed or registered programs or purchase slots in such programs for use by participants. Limits institutional administrative costs to five percent of the program grant. Defines low-income individual as one from a family whose taxable income for the preceding year did not exceed 150 percent of a specified poverty level amount. Part B: Respite Care Demonstration Grants for Families with Special Needs - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program of grants to States to assist public and private agencies to provide in-home or out-of-home respite care for handicapped children and children with chronic or terminal illnesses. Requires that such care be provided on a sliding fee scale with hourly and daily rates. Directs the Secretary of HHS to establish a demonstration program of grants to States to assist public and private agencies to provide crisis nurseries (i.e. centers providing temporary emergency services and care) for children who are abused and neglected, at high risk of abuse and neglect, or in families receiving child protective services. Requires crisis nurseries to: (1) provide such services and care without fee for a maximum of 30 days; (2) provide referral to support services. Sets forth administrative provisions for applications and awards of grants for the demonstration programs under this part. Requires States receiving such grants to submit annual funded program evaluation reports to the Secretary of HHS. Part C: Comprehensive Service Centers - Directs the Secretary of HHS to establish a program of grants to State and local health departments and nonprofit agencies to establish and operate school-located comprehensive health service centers. Requires such programs to be administered through the health resources and services administration of the Department of HHS. Requires such centers to provide, or arrange for the provision of, comprehensive health care services, child care sufficient to enable a student to continue education or enter employment, family life and parenting education, and academic and employment counseling and placement. Makes such services available to any student, but requires that priority attention be given the needs of any student who is an adolescent parent, pregnant, or a potential dropout. Requires such programs to provide or arrange provision of: (1) such services on school campuses, to the extent practicable; and (2) transportation of students to and from agencies supplying such services, and of eligible adolescent parents and their children to and from child care services. Sets forth provisions for fee schedules for such services. Prohibits discrimination on the basis of inability to provide full payment for such services. Requires grant recipients to collect reimbursement, where possible, for the Medicaid and title XX child care services programs under the Social Security Act. Limits State or local administrative costs to ten percent, and Federal administrative costs to one percent, of program funds. Sets forth grant application requirements. Directs the Secretary of HHS, in reviewing such applications, to: (1) consider the equitable geographic distribution of grants among States, and among urban and rural areas; and (2) give preference to recipients who will provide services in schools with the highest adolescent birth rate and the highest concentrations of low-income students and potential dropouts. Requires that Federal funds for such programs be supplementary to State and local funds, and that such programs provide services which are in addition to, rather than in substitution for, comparable services previously provided without Federal assistance. Sets the maximum Federal share of assistance to a center at 100 percent in the first year, 75 percent in the second year, and 50 percent in the third and any subsequent year of assistance. Sets forth annual reporting requirements for grant recipients. Directs the Secretary of HHS, after the second year of such assistance, to provide for an independent evaluation of a representative sample of such programs. Defines comprehensive health care services to include: (1) primary and preventive health services, including prenatal, delivery, and postpartum care; (2) pregnancy testing and maternity counseling; (3) nutrition counseling and referral; (4) screening and treatment of sexually transmitted diseases; (5) appropriate pediatric care; (6) pediatric services for infants born to adolescents; (7) mental health services and referral; (8) family planning services; (9) dental services and referral; and (10) such other services as the Secretary of HHS provides by regulation. Defines child care services,for purposes of this part, as services that: (1) are provided by a school-based or community-based child care organization (2) at a minimum include the provision of child care services to any child of an adolescent parent from birth through age 30 months; and (3) meet applicable State licensing standards. Authorizes appropriations for FY 1986 through 1988 for the grants program for school-located comprehensive health service centers under this part. Part D: Child Care Expenses for AFDC Recipients - Amends Social Security Act provisions relating to aid to families with dependent children (AFDC) to allow an increased amount of child care expenses to be taken into consideration in determinations of AFDC eligibility.
United States · United States Congress · 21 June 1985
School Excellence and Reform Act - Authorizes appropriations for FY 1987 through 1991 to make payments for programs of: (1) general improvement and excellence in education; and (2) reform and equity in education. Sets forth (after reserving specified amounts for certain U.S. territories and possessions) formulas for State and local allocation of payments for general improvement and excellence in education. Provides, under such local allocation formula, for certain increases in the amount of such payments on the basis of numbers of children eligible to be counted for purposes of special needs funding under specified provisions of subpart 1 (Basic Grants), part A (Programs Operated by Local Educational Agencies) of title I (Financial Assistance to Meet Special Educational Needs of Children) of the Elementary and Secondary Education Act of 1965 (ESEA). Sets forth (after reserving specified amounts for payments to certain U.S. territories and possessions) formulas for State and local allocation for reform and equity in education. Provides, under such State allocation formula, for certain increases in payments based on numbers of children eligible to be counted under the aforementioned ESEA provisions for special educational needs funding. Authorizes the State educational agency to establish the relative weights of factors under such local allocation formula, but requires that such formula be composed of only the following factors: (1) the number of children aged five to 17, inclusive, who are eligible to be counted under the aforementioned ESEA provisions for special educational needs funding; (2) the graduation rate; (3) the absentee rate; and (4) the number of low-achieving students. Permits those general improvement and excellence funds which are allocated to local educational agencies to be used for: (1) pursuit of general educational excellence and improvement of instruction in mathematics, the sciences, communications skills, foreign languages, and technology; and (2) where necessary, for guidance and counseling. Permits those reform and equity funds which are retained by a State under specified provisions of this Act to be used to administer and carry out categorical programs and projects. Permits those reform and equity funds which are allocated to local educational agencies (LEAs) to be used for the development, expansion, or improvement of any of the following categorical programs and projects: (1) early childhood education; (2) school day care; (3) in-service teacher training; (4) dropout prevention; (5) effective schools; and (6) improvement of secondary schools basic skills instruction. Requires State applications for allocations of general improvement and excellence payments and reform and equity payments for any fiscal year under this Act to: (1) meet specified requirements under the General Education Provisions Act; and (2) in the case of reform and equity payment allocations, describe the intended use of funds to be retained by the State to enhance State reform efforts. Allows a local educational agency, in any fiscal year, to submit a single application for an allocation of general improvement and excellence funds or an allocation of reform and equity funds, or both. Permits two or more local educational agencies that propose to conduct joint programs and projects from funds for general improvement and excellence to file such application as a consortium or other combination. Prohibits a local educational agency from applying for an allocation of reform and equity funds unless the total number of children age five to 17, inclusive, in the schools of such agency who are eligible to be counted under the aforementioned ESEA provisions for special educational needs funding exceeds the lesser of 5,000 or 20 percent of the total enrollment of such schools. Requires local educational agencies, in order to receive either general improvement and excellence or reform and equity allocations, to have on file with the State educational agency an application which includes description of the programs and projects to be funded and a plan for the improvement of the selected educational areas covered by such programs and projects. Requires such local educational agency or consortium applications, or application renewals, to also contain assurances that: (1) the programs and projects are designed and implemented in consultation with the parents and classroom teachers of the children to be served; (2) the funds received under this Act will supplement and not supplant non-Federal funding; and (3) the local educational agency will comply with specified maintenance of effort requirements which the State educational agency must enforce. Requires each local educational agency receiving an allocation under this Act for any fiscal year to submit to the State educational agency evidence of progress in particular areas for which funds were expended or evidence of general improvement in the educational system, such as: (1) reductions in, or maintenance of acceptable levels of, absenteeism, discipline problems, and dropouts at the secondary level; (2) more instructional time; and (3) smaller class size. Authorizes the State educational agency, at the State's discretion, to conduct audits on a sampling basis to verify the accuracy of such submissions. Terminates a local educational agency's eligibility to obtain an allocation under this Act for more than three fiscal years, unless the evidence submitted demonstrates progress as verified by the State. Authorizes the Secretary, from specified amounts reserved from reform and equity funds, to make business involvement matching grants to local educational agencies. Sets the maximum amount of any such grant at 50 percent of the fair market value of any donation by local business concerns to the local educational agency for the conduct of programs and projects under this Act. Allows such donations to be in cash or in kind, and to consist of equipment, the services of business personnel, or training provided to the local educational agency.
United States · United States Congress · 20 June 1985
Superfund Amendments 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 direct the Administrator of the Environmental Protection Agency (EPA) to establish reportable quantities for all hazardous substances by December 31, 1986. Directs the Administrator to give primary attention to releases which may present a threat to public health. Confirms the President's discretion to decide when responsible parties are authorized to conduct cleanup actions in lieu of Superfund-financed responses. Requires short-term removal actions undertaken by the Administrator to contribute to the highest degree possible to the efficient performance of any long-term action. Increases the maximum time and funding limit on short-term response actions when appropriate. Limits the 50 percent State cleanup obligation to those facilities which are both owned and operated by the State. Credits States with expenditures made at National Priorities List (NPL) sites on cost-eligible response actions. Revises other State cost-sharing measures. Treats long-term cleanup of groundwater, surface water, or soil contamination as part of the costs of remedial action. Grants EPA employees or contractors the necessary access to facilities and information to determine if the need for a response action exists. Prescribes a cleanup schedule for Superfund, requiring an evaluation within three years of sites on the Emergency Response and Remedial Investigation System (ERRIS) list for possible inclusion on the NPL. Sets a schedule for the conduct of remedial investigations and feasibility studies (RIFS) for NPL sites, requiring the commencement of remedial action at a minimum of 90 percent of such facilities within one year of the RIFS' completion. Directs the Administrator to revise the National Contingency Plan (NCP) within 18 months to reflect this Act's amendments. Requires the review of the hazard ranking system within one year. Permits individuals to petition the Administrator for a preliminary hazard assessment at a site. Includes contamination of the ambient air as a criterion for ranking a hazard. Eliminates the requirement that the NPL contain at least 400 sites. Prohibits the Administrator from taking abatement action against any release resulting from an applied pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act. Includes all vessels releasing hazardous substances within the jurisdiction of the United States under the liability provisions of CERCLA. Makes certain investigatory and assessment costs recoverable from the responsible party. Exempts from liability for all but negligence actions of government agencies responding to a hazardous substance emergency. Directs the Administrator and each Governor to appoint Federal and State trustees, respectively, for natural resources, creating a rebuttable presumption that their assessment of damages to such resources is valid. States that cleanup costs incurred in a response action constitute a Federal lien against the property of a responsible party. Sets forth evidentiary requirements for establishing financial responsibility. Permits direct action against a financial guarantor if the person liable is financially or physically unavailable for redress. Entitles such a guarantor to all rights and defenses available to the liable party. Limits the liability of such guarantor to its financial responsibility to the responsible party. Increases criminal penalties and adds certain civil penalties for violations of this Act, including failure to provide accurate information at specified times. Establishes a total fund level of $1,750,000,000 for each of five years, through FY 1990. Authorizes the use of Superfund monies for the authorities created by this Act. Eliminates the use of Superfund for payment of natural resource damage claims. Revises auditing procedures to require annual audits and reports to the Congress by the Inspector General. Authorizes appropriations for Superfund for FY 1986 through 1990. Establishes a six-year statute of limitations for Superfund claims, setting forth special rules for minors and incompetents. Authorizes nationwide service of process under CERCLA. Establishes a three-year statute of limitations for the initiation of actions for contribution for response costs of damages and for recovery claims for damages to natural resources. Establishes a six-year statute of limitations for cost recovery actions. Authorizes a State to require contributions to a fund to pay the costs of hazardous substance response actions or damages. Establishes within the Public Health Service the Agency for Toxic Substances and Disease Registry (ATSDR), headed by an Administrator. Requires ATSDR to implement the health-related authorities of this Act. Directs such Administrator to establish and maintain a listing of areas closed to the public or otherwise restricted in use because of contamination by hazardous substances or pollutants or contaminants. Directs the Administrator of EPA to list and periodically revise a list of hazardous substances or pollutants or contaminants which pose the most significant potential threat to human health. Directs the Administrator of ATSDR to establish and maintain an inventory of information on the health effects of each listed substance. Requires such Administrator to also develop toxicological profiles for each such substance, assessing the current state of knowledge of their deleterious effects, and revising such profiles at least every three years. Requires the Administrator to initiate research where inadequate information is available on a substance. Requires Federal coordination of research efforts. Requires the Administrator of ATSDR to perform a health assessment for each NPL facility where a significant possibility exists that a human population has been exposed to hazardous substances existing at such facility and a significant threat of adverse health effects exists. Bases the selection of such facilities on criteria developed by the Administrator of EPA. Permits the Administrator of ATSDR to conduct health assessments at other facilities as well. Authorizes individuals to petition the Administrator of EPA for a health assessment of a site where evidence of human exposure to hazardous substances exists. Requires the completion of health assessments before the completion of remedial investigation and feasibility studies (RIFS) whenever possible. Grants priority to those sites where the potential risk to human health appears highest. Requires State or local officials conducting a health assessment to report the results and recommendations to the Administrators. Requires the Administrator of ATSDR to provide the affected State and the Administrator of EPA with the results and recommendations of any ATSDR assessment. Includes the costs of an assessment among recoverable cleanup costs whenever such assessment reveals human exposure to a hazardous substance, pollutant, or contaminant. Directs the Administrator of ATSDR to conduct a pilot study of health effects of exposure whenever justified by an assessment to determine if full scale epidemiological studies are appropriate. Requires the Administrator to establish a registry of exposed persons if appropriate. Directs the Administrator to initiate a health surveillance program for an exposed population if justified by an epidemiological study or exposure registry. Requires the Administrator to report biennially to the Administrator of EPA on ATSDR's activities under this Act. Directs the Administrator of EPA to abate significant risks to the human population through exposure by providing alternate household water or relocation of individuals. Requires peer review of all ATSDR studies and research. Requires the Administrator of ATSDR to provide States and health professionals with educational materials on exposure-related issues. Requires the Administrator of EPA to provide a reasonable opportunity for public comment on any proposed plan for remedial action before it is implemented. Requires the Administrator to publish an explanation of any divergences from such plan or public comments. Authorizes the Administrator to make assistance available to affected individuals to help them evaluate and assess technical information and data. Prohibits the Administrator from taking a response action to certain types of releases unless such releases constitute a public health or environmental emergency. Prohibits response to releases: (1) of naturally occurring substances; (2) of building products; (3) into drinking water supply systems due to ordinary deterioration; and (4) from coal mining sites. Grants highest cleanup priority to releases which have contaminated or closed a sole or principal drinking water source. Requires the consideration of certain factors when adopting offsite remedies, including the long-term risks and uncertainties of land disposal. Exempts response-action contractors from liability for nonnegligent cleanup activities if they would not otherwise have been liable. Includes Federal facilities under CERCLA as if they were private facilities, except for certain financial responsibility and time period provisions. Requires the Administrator to establish a Federal Agency Hazardous Waste Compliance Docket for each Federal agency and department which will include information on off-site contamination and monitoring data, and releases of reportable quantities of hazardous substances. Requires that such information be made available to the public. Requires the Administrator to evaluate certain Federal facilities by January 31, 1987, for placement on the NPL, using National Contingency Plan (NCP) criteria. Requires the commencement of a RIFS within six months of a Federal site's placement on the NPL. Directs the Administrator to review the RIFS and enter into interagency agreements for cleanup when necessary, allowing for public participation. Requires each agency to report annually to the Congress on its implementation progress. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored. Requires the Administrator to select appropriate cost-effective remedial actions in accordance with the NCP. Requires remedial actions selected to provide sufficient control or amelioration of the hazardous substance so as to protect human health and the environment. Requires such measures to take into account the long-term effectiveness of the solution and the alternative technologies available to the maximum extent possible. Requires a standard of control at least as strict as that provided by any other applicable Federal environmental law such as the Safe Drinking Water Act. Requires onsite disposal to be in compliance with the relevant provisions of the Solid Waste Disposal Act. Authorizes the Administrator to enter into agreements whereby the releasor or any potentially responsible person conducts the remedial response. Permits the Administrator to fund part of such response. Limits the liability of the cleaning up party to that specified in the agreement. Permits the Administrator to take action against any person not a party to such agreement. Enters such agreements in the appropriate U.S. district court as consent agreements, enforceable as such. Directs the Administrator to notify potentially responsible parties of each other's identities and of the seriousness of the necessary cleanup, providing a moratorium on the commencement of remedial action for a specified period after such notice has been given. Grants notified persons an opportunity to submit a proposal to the Administrator for the undertaking or financing of remedial action. Permits the Administrator to commence remedial action if no good faith proposal is forthcoming within a specified period. Authorizes the Administrator to proceed on remedial actions where a significant public health threat exists, regardless of the status of negotiations. Authorizes the Administrator to agree to refrain from pursing any future liability of a person if an approved response action would be expedited and the person is in full compliance with the consent decree. Permits such an agreement only in the public interest after an evaluation of the effectiveness of the remedy and the nature of the remaining risks. Places premiums from such agreements into a contingency fund for future remedial actions at other facilities. Permits the Administrator to settle with persons whose share of response costs is not substantial. Title II: Miscellaneous Provisions - Terminates the Post-Closure Liability Fund's responsibility to fund the cleanup of already closed sites where hazardous waste was stored in compliance with the Solid Waste Disposal Act. Requires the promulgation of natural resource assessment damage claims regulations within six months of this Act's enactment. Requires the Department of Transportation to promulgate regulations requiring shippers to notify transporters whenever hazardous substances are offered for transportation. Establishes a federally-required commencement date for the running of State statutes of limitations for injury or damages caused by exposure to a hazardous substance, pollutant, or contaminant. Makes such date the time a plaintiff should reasonably have known exposure to such a substance caused or contributed to a personal injury. Renames the Hazardous Substance Response Trust Fund the Hazardous Substances Superfund. Amends the Solid Waste Disposal Act to authorize the Administrator to provide for the cleanup of leaking underground storage tanks. Requires the Administrator to use funds in the Petroleum Release Response Account of Superfund for such purposes, but holds the owners and operators of such tanks strictly liable for such costs. Authorizes State implementation of such authority under specified conditions, authorizing the Administrator to make grants to such States for such purpose. Establishes the Petroleum Release Response Account within Superfund out of specified funds. Authorizes citizen suits against violators of this Act, including the Administrator and other government officials who have failed to perform nondiscretionary duties. Permits citizen suits against nongovernment officials in the Federal district court in which the violation occurred. Permits citizen suits against any Federal official only in U.S. District Court for the District of Columbia. Empowers such courts to impose civil penalties and to order the performance of required acts. Requires plaintiffs to give notice to the Administrator, the alleged violator, and the State in which the violation occurred before commencing proceedings. Prohibits citizen suits where the Administrator has commenced and is pursuing an enforcement action. Permits the awarding of court costs to the substantially prevailing party. States that the United States may intervene as a matter of right in all citizen suits in which it is not otherwise a party. Requires the Federal Government to provide the assurances that it will pay a share of the remedial action and maintenance costs of a cleanup on Indian lands that is otherwise required to be made by a State. Authorizes Indian tribes to recover damages for injury to natural resources from hazardous substance releases, except as specified. Includes Indian tribes on the same basis as States under certain provisions of CERCLA. Requires the Administrator to commence a study on the adverse effects of drilling fluids, produced waters, and other wastes associated with the production of crude oil or natural gas on human health and the environment within six months of this Act's enactment. Title III: Community Right to Know and Emergency Planning - Requires owners and operators of facilities which produce, use, or store hazardous chemicals to file with local and State officials and periodically revise a material safety data sheet for each hazardous chemical. Requires such sheets to contain the same information as the sheets required under the Occupational Safety and Health Act. Requires each State Governor to designate the appropriate government officials to receive such information and who in turn must make such information available to the public. Requires such owners and operators to supply such information to any other facility owner or operator who is receiving shipments of such chemicals. Requires owners and operators to supply health professionals with specific chemical information on a substance if requested to do so. Requires owners or operators to provide a material safety data sheet to such professionals when an emergency arises or it is medically necessary to do so. Limits the use of certain information to health-related needs. Directs each Governor to appoint a Hazardous Substance Emergency Response Commission to coordinate response planning in such State. Directs these Commissions to designate local Emergency Response Committees to develop and implement Emergency Response Plans in case of a a hazardous substance emergency. Requires such Plans to include emergency notification personnel and procedures, evacuation plans, and an assessment and use plan for local medical and police resources. Requires the owner or operator of a facility having a hazardous substance emergency to immediately notify the appropriate authorities according to the Plan, including providing an emergency bulletin for the community which provides sufficient chemical and response information to inform the public of the nature of the crisis. Preempts State and local law in the area of chemical hazard communication. Establishes civil penalties for violations of these requirements and provides for court-ordered enforcement of the medical information provisions. Permits owners and operators to withhold trade secret information from their material safety data sheets, but not from medical personnel. Title IV: Provisions Relating to Taxation - Amends the Internal Revenue Code to extend the environmental tax on petroleum and certain chemical feedstocks for five years, through FY 1990. Repeals the Post-Closure Liability Trust Fund and tax. Exempts certain chemicals from such tax, including: (1) methane or butane used as fuel; (2) substances used in the production of fertilizer; (3) sulfuric acid produced as a byproduct of air pollution control; (4) substances derived from coal; (5) substances used in the production of motor fuel; (6) substances having transitory presence during the refining process; and (7) substances used in the production of animal feed. Allows refunds or credits for certain uses. Imposes a waste end tax sufficient to raise $300,000,000 in each of the five years of the environmental tax extension period. Imposes a broad-based corporate tax sufficient to raise $900,000,000 in each of those five years. Deposits all such revenues in Superfund. Imposes taxes sufficient to raise $250,000,000 in each of the five years for deposit in the Petroleum Release Response Account.
United States · United States Congress · 20 June 1985
National Public Works Corporation Act - Amends title II of the Public Works and Economic Development Act of 1965 to name such title "Public Works Corporation." Establishes the National Public Works Corporation. Provides for the Board of Directors, the officers and employees, and the powers of such Corporation. Requires the principal office to be in the District of Columbia. Provides for the borrowing authority, capitalization, and reserve fund of the Corporation. Authorizes appropriations for the capitalization of the Corporation for fiscal years following 1985. Authorizes States electing to participate in the Corporation to make certain contributions. Sets the maximum amount of contributions any one State may make to the Corporation. Authorizes the Corporation to make loans to participating States and local governments for projects for the construction, rehabilitation, and repair of public facilities in accordance with this Act. Prohibits loan plans from being used to pay the non-Federal share of the cost of Federal projects. States the maximum amount of outstanding loans authorized for such projects. Prohibits the Corporation from making a loan for a public facility project unless it determines that such facility, upon completion, will generate sufficient fees to repay the principal and interest on such loans and create a sufficient reserve for the operation and maintenance of the project, including replacement costs over the useful life of the project. Requires applicants for such loans to demonstrate to the Corporation that they have legal authority to assess and collect such fees and that such fees will provide sufficient revenues to meet the conditions for making such loans. States additional conditions and requirements for such loans. Requires the Governor of a State to submit applications for public facility project loans for the State or State agency or instrumentality. Requires the responsible official of local government to submit applications for public facility project loans for such unit or agencies thereof. Prohibits the Corporation from approving local government project loans unless the Governor of the appropriate State certifies approval of the application. Prohibits any Governor from submitting or approving loan applications for more than the maximum amount allowable to any one State. Requires Governors to ensure a proper distribution of available loan funds in a State between urban and rural areas according to a certain allocation formula. Requires the Corporation to require all contracts made with such loan proceeds to be awarded on the basis of competitive bidding. Requires the Corporation to conduct necessary audits to enforce this Act. States procedures to be followed if the Corporation determines that insufficient fees are being collected. Authorizes appropriations to the Corporation for fiscal years after 1983, in order to reduce interest rates paid by borrowers under this Act. Declares that the Corporation, its assets, and certain property shall be exempt from State, local, or Federal taxes, except for certain real property and tangible personal property. States that any obligations issued by the Corporation shall be taxed as to principal and interest to the same extent as the obligations of private corporations. Requires the General Accounting Office to audit the financial transactions of the Corporation. Sets forth procedures to be followed in the event of a default on any loan made under this Act. Requires the Corporation to submit an annual report to the Congress and the President after each fiscal year on the status of the Corporation and its reserve fund. Requires such report to include a description of the projects for which loans were made during the preceding fiscal year.
United States · United States Congress · 13 June 1985
Expresses the sense of the Congress that procurement of the new U.S. weather radar system, NEXRAD, continue on schedule and according to the established minimum requirements agreed to by the National Weather Service, the Federal Aviation Administration, and the Department of Defense.
United States · United States Congress · 12 June 1985
Fair Insurance Coverage Act - Prohibits any insurer from discriminating in an insurance contract against any person because of blindness. Includes within the prohibition refusing to make or negotiate a contract for insurance or giving different treatment with respect to terms, conditions, rates, or benefits because of blindness. Establishes a preference for State actions prior to judicial enforcement under this Act. Authorizes any aggrieved person, in the absence of State actions or jurisdiction, to bring an action under this Act for individual relief. Authorizes the Attorney General of the United States to bring an action for injunctive relief whenever there is reasonable cause to believe a person is engaged in a pattern or practice of discrimination or when an individual is aggrieved and an issue of general public importance is raised. Grants the Federal district courts jurisdiction of such actions regardless of the amount in controversy. Allows a court to order monetary, equitable, or other appropriate relief, including punitive damages.
United States · United States Congress · 12 June 1985
Great Lakes Management and Research Act of 1985 - Establishes within the Environmental Protection Agency (EPA) the Great Lakes National Program Office (Program Office), to be headed by a Director. Lists as responsibilities of the Program Office, the following: (1) developing and implementing specific plans under the Great Lakes Water Quality Agreement of 1978; (2) establishing a systemwide surveillance network to monitor the water quality of the Great Lakes; (3) serving as liaison with, and providing information to, the Canadian members of the International Joint Commission and the Canadian counterpart to the EPA; (4) identifying and conducting an inventory of all Federal, State, tribal, and international agencies with environmental management responsibilities for the Great Lakes; (5) identifying judicial overlap and existing management plans relating to the Great Lakes; (6) entering into agreements with States delineating respective duties; (7) developing a program for reducing the amount of nutrients introduced into the Great Lakes; and (8) carrying out a five-year study and demonstration projects relating to the control and removal of toxic pollutants in the Great Lakes. Directs the Administrator to: (1) include a funding request for the Program Office as a separate budget line item; and (2) submit an annual report to the Congress. Requires the Program Office to be located in a Great Lakes State. Establishes within the National Oceanic and Atmospheric Administration the Great Lakes Research Office (Research Office). Lists as responsibilities of the Research Office, the following: (1) identifying lead agencies with primary responsibility for each issue relating to the Great Lakes resources; (2) identifying Federal, State, and tribal environmental research programs relating to the Great Lakes; (3) establishing a Great Lakes research exchange; (4) developing an environmental data base for the Great Lakes System; and (5) conducting research and monitoring activities which address priority issues relating to the Great Lakes. Requires the Research Office to be located in a Great Lakes State. Provides for the coordination of certain activities between the Program Office and the Research Office. Directs the head of each department or agency of the Federal Government which is in any way connected with the enhancement of the Great Lakes to: (1) cooperate with the Program Office and Research Office; (2) make available such personnel, services, or facilities as may be necessary to achieve the purposes of this Act; and (3) furnish, upon written request, any data or information deemed necessary to fulfill such purposes. Directs the Chief of Engineers of the Army, the Chief of the Soil Conservation Service, the Commandant of the Coast Guard, the Director of the Fish and Wildlife Service, and the Administrator of NOAA to submit annual reports to the Administrator of the EPA regarding issues for which they have been identified as lead agencies. States that this Act does not affect the jurisdiction or powers of any Federal or State department or agency or of any Indian tribe or international body created by treaty with authority relating to the Great Lakes. Authorizes appropriations for FY 1987 through 1991.
United States · United States Congress · 12 June 1985
Atomic Energy Accountability Act - Requires the Nuclear Regulatory Commission to hold any meeting in accordance with specified regulations. Requires the Commission to maintain a complete transcript (or other recording) to fully record the proceedings of any closed meeting.
United States · United States Congress · 12 June 1985
Clean Coal Technology Authorization Act of 1985 - Directs the Secretary of Energy to establish a financial assistance program from the Clean Coal Technology Reserve in order to determine the commercial feasibility of clean coal technologies on a commercial scale. Limits the total funding supplied by the United states to 50 percent of the aggregate cost of all projects funded under such program. Limits the funding supplied by the United States to 70 percent of the total cost of any one project. Sets guidelines for the project selection criteria to be developed by the Secretary. Requires the Secretary to: (1) report such criteria to the Congress; (2) conduct a competitive solicitation of project proposals; and (3) submit an annual report to the Congress detailing the status of ongoing projects funded under this Act.
United States · United States Congress · 10 June 1985
Expresses the sense of the House of Representatives that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 5 June 1985
Designates the period of October 1, 1985, through September 30, 1986, as the time to reflect on the achievements of the Peace Corps during its 25 years and on ways such programs might be used in the future. Authorizes and requests the President to proclaim this period as a time to honor Peace Corps volunteers and reaffirm the Nation's commitment to such programs.
United States · United States Congress · 4 June 1985
Improved Standards for Laboratory Animals Act - Amends the Animal Welfare Act to revise the humane standards for animals transported in commerce. Requires the Secretary of Agriculture to promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and exhibitors. Requires each research facility to establish an institutional animal study committee with sufficient expertise to assess the appropriateness of animal care and treatment in experimental research. Requires the committee at each facility to: (1) inspect at least semiannually all animal study areas and animal areas and animal facilities at the research facility; (2) file an inspection certification report of each inspection at the research facility; (3) notify the administrative representative of the research facility of any deficiencies; and (4) notify the Animal and Plant Health Inspection Service and the funding Federal agency if such deficiencies remain uncorrected. Requires each research facility to provide for annual training in the humane treatment of animals for scientists, animal technicians, and other personnel involved with animal care and treatment in such facility. Directs the Secretary to establish an information service at the National Agricultural library to provide information on improved methods of animal experimentation, including: (1) employee training; (2) preventing unnecessary duplication of animal experimentation; (3) reducing or replacing animal use; and (4) minimizing pain and distress. Requires funding Federal agencies to revoke Federal support for a project if it is determined that conditions of animal care, treatment, or practice in a particular project have not been in compliance with standards promulgated under this Act. Requires the Secretary to inspect each research facility at least once each year. Requires such follow-up inspections as may be necessary until all deficiencies which may be found are corrected. Imposes penalties for the release of any confidential information or trade secrets by any member of an institutional animal committee. Increases penalties for violations of the Animal Welfare Act.
United States · United States Congress · 23 May 1985
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to require manufacturers and importers of hazardous substances to prepare and distribute a Hazardous Substance Inventory which shows the use of such substance, the maximum inventory, the annual and monthly emmissions of such substance, the quantity and method of waste disposal, and the date of preparation and name and emergency telephone number of the preparer of such Inventory. Requires the preparer to include a copy of any Material Safety Data Sheet required under the Occupational Safety and Health Act. Requires the Administrator of the Environmental Protection Agency to establish adequate and reliable administrative standards for the collection of information under this Act. Directs the Administrator to report to the appropriate congressional committees on appropriate reporting requirements for small quantity handlers of such substances. Requires that the Inventory be distributed to appropriate government officials. Requires the Administrator to establish a toll-free telephone number for inquiries concerning the Inventory and its information. Establishes criminal penalties for violations of this Act's requirements. Requires the National Toxicology Program to review biennially new and existing chemicals for inclusion by the Administrator on such Inventory.
United States · United States Congress · 23 May 1985
Amends part A (General Provisions) of title XI of the Social Security Act to extend the income and eligibility verification system so as to require an applicant or benefit recipient, as a condition of eligibility for or receipt of benefits under part A (Aid to Families with Dependent Children) of title IV of such Act, title XVI (Supplemental Security Income) of such Act, title XIX (Medicaid) of such Act, the food stamp program, or the unemployment insurance compensation program, to declare in writing whether or not he or she is a U.S. citizen, and, if a U.S. citizen his or her immigration status and file number. Requires the Commissioner of Immigration and Naturalization to implement a verification system of immigration status to be made available to all States by October 1, 1985.
United States · United States Congress · 22 May 1985
Foreign Investment Disclosure and Reciprocity Act - Requires registration of an investment by a foreign person if the investment results in acquisition, ownership, or control by the foreign person of a cumulative interest of: (1) five percent or more in a U.S. person or in other property in the United States; (2) $10,000 or more in a bank deposit; or (3) $10,000 or more in U.S. securities. Prohibits a foreign person from making such an investment unless the foreign person first registers the investment with the Secretary of Commerce. Sets forth information to be provided in the registration, including a certification by the foreign person that it would be possible for the Federal Government, a U.S. citizen or a U.S. resident to make an investment of the same type and size in the same industry in the country or countries where the owners of the foreign person are located. Requires foreign persons who, at the time of enactment of this Act, hold such investments in the United States to register those investments within 180 days and to include the date on which such investments were made. Declares that certification need not be made for such investments, but prohibits increasing the cumulative interest of such investments unless the foreign person makes such certification. Requires foreign persons to report certain information to the Secretary if they transfer interest in such investments. Requires a foreign persons who have investments in the United States to report certain information to the Secretary if another person acquires a cumulative interest of five percent or more in such foreign person. Requires registration if they have certain investments in the United States, by persons who become foreign persons and by foreign persons who become foreign persons of other countries. Requires foreign persons to give annual updates of their registration information to the Secretary. Sets forth the method of determining whether a person acquires indirectly a cumulative interest of five percent or more in another person. Authorizes a person who is unable to make the required certification to make an investment in the United States only if: (1) the President determines that the investment is in the national interest; (2) the President submits a report containing specified information on the investment and investor to the Congress; and (3) the proposed investment is approved by an enactment of the Congress. Sets forth civil and criminal penalties for violations of this Act. Authorizes the Secretary to monitor compliance with this Act. Directs the Secretary to issue regulations to carry out this Act. Directs the Secretary to report annually to the Congress and the President on: (1) the extent and effects of foreign investment in the United States; (2) the effectiveness and efficiency of the registration and reporting requirements of this Act; and (3) the progress in removing the restrictions imposed by foreign countries on investments made by U.S. persons in those countries. Directs the Secretary to compile an inventory of foreign investments in the United States which shall be available to the public.
United States · United States Congress · 21 May 1985
Prohibits the Board of Regents of the Smithsonian Institution from using any Smithsonian Institution funds to make, directly or indirectly: (1) any extension of credit to the Government of South Africa; (2) any extension of credit to, or investment in, any corporation or other business enterprise that is owned (in whole or part) or controlled by the Government of South Africa; and (3) any extension of credit or investment in South Africa. Requires the Board, within one year after the effective date of this Act, to liquidate any such extensions of credit or investments which are in existence on such date. Makes such requirement inapplicable to any extension of credit or investment for which a contract or other legally binding agreement is entered into before the effective date of this Act. Terminates such prohibition and requirements imposed by this Act upon approval by law of any report submitted to the Congress by the Board which contains a determination that the abolition of apartheid has taken place in South Africa and the reasons for such determination.
United States · United States Congress · 16 May 1985
Children's Protection Act of 1985 - Amends the Racketeer Influenced and Corrupt Organizations Statute to extend the Act's coverage to the sexual exploitation of children. Authorizes a civil suit for treble damages for any person injured personally or in his or her business or property. Amends the Federal criminal code with regard to the sexual exploitation of children. Makes it a Federal offense to print or publish any statement or advertisement to receive, buy, produce, display, photograph, film, print or publish any statement or advertisement to receive, buy, produce, display, photograph, film, print or record any visual depiction of a minor engaging in sexually explicit conduct. Prohibits offering participation in sexually explicit conduct with a minor. Lists factors that may be considered in determining whether a person engaged in such conduct has attained the age of 18. Provides that the Government need not establish the identify of the alleged minor in a prosecution under this section. Increases the penalties for offenses involving the transportation of minors for prohibited sexual conduct.
United States · United States Congress · 16 May 1985
Revenue Enhancement and Protection Program Tax Act of 1985 - Title I: Amnesty from Criminal and Civil Penalties - Provides for a one-time amnesty from criminal and civil tax penalties for taxpayers who: (1) file a written statement with specified information concerning any underpayment of tax; (2) pay the amount of such underpayment when filing the statement; and (3) within 30 days of notification of the amount of interest payable on any tax delinquent amount, pay the full amount of such interest or deliquency. Permits installment payments of tax due in certain cases. Provides that where the taxpayer fails to pay the full amount of such interest or deliquency. Permits installment payments pays any installment that is due under the agreement pursuant to these provisions, the balance shall be due immediately. Disallows an amnesty period for a taxpayer who has made any representation in seeking amnesty which is false or fraudulent in any material respect or to which a Justice Department referral is in effect as of the time the statement for amnesty is filed. Specifies that the amnesty period shall be a three month consecutive period during 1986 chosen by the Secretary of the Treasury. Grants the amnesty treatment only to underpayments of Federal tax for taxable periods ending before January 1, 1984. Provides that no information disclosed to the Secretary of the Treasury in seeking amnesty may be disclosed or open to inspection to any State agency, body, or commission. Authorizes appropriations to the Secretary of the Treasury to provide publicity about the amnesty program. Title II: Compliance Provisions - Subtitle A: Increase in Compliance Personnel - Authorizes appropriations to the Secretary of the Treasury for revenue enforcement and compliance programs an amount equal to ten percent of the revenue attributable to the amnesty program. Authorizes appropriations for an additional 2,500 compliance personnel for the Internal Revenue Service. Subtitle B: Denial of Federal Contracts, Licenses, Etc. to Taxpayers With Tax Delinquent Accounts - Prohibits the award of any Federal contract to any person who has a tax delinquent account. Provides that no Federal business license may be issued with respect to any person who has a tax delinquent account. Requires the revocation of the Federal business license who has a tax delinquent account. Provides an exception to this rule for public health business licenses or business licenses specified in regulations issued by the Secretary of the Treasury. Subtitle C: Use of Private Collection Agencies - Permits the collection of taxes by private collection agencies. Subtitle D: Revision of Penalties - Imposes a tax penalty for: (1) failure to file information returns; (2) failure to file information statements; (3) failure to furnish required data; (4) failure to supply information on a return; and (5) filing false statements. Provides that the penalty for intentional disregard of any of the above requirements shall be ten percent of the gross proceeds or other amount required to be reported or $500, whichever is greater. Exempts the taxpayer from these penalties if the failure to comply with the provisions is due to reasonable cause and not to willful neglect. Subtitle E: Publicity on IRS Enforcement - Requires the Secretary of the Treasury to publicize the risks and consequences of noncompliance with the internal revenue laws, including seizures with respect to taxpayers owing large amounts of tax in such a way as to publicize such risks and consequences.
United States · United States Congress · 8 May 1985
Expedited Funds Availability Act - Requires the Board of Governors of the Federal Reserve System to begin to develop a system to provide that: (1) funds deposited by checks drawn on a local depository institution shall be available for withdrawal the next business day following the day of deposit; and (2) for all other checks, not more than three business days shall pass between the day of deposit and the day on which the funds become available. Requires such system to be implemented no later than five years after the date of enactment of this Act. Requires the Board, not later than six months after the date of enactment of this Act and annually thereafter until such goal is achieved, to report to the Congress concerning the actions it has taken. Sets forth time standards for expedited check clearing in any case in which funds are deposited by check in an account at a depository institution. Requires cash deposits to be available on the next business day. Makes exceptions to such standards with respect to: (1) checks drawn on a depository institution or an office of a depository institution located outside of the United States; (2) deposits of checks aggregating more than $5,000 in any account on any business day, excluding cashier's and certified checks beginning two years after enactment of this Act; (3) deposits made by new depositors within the first 30 days after opening an account, excluding cashier's and certified checks beginning two years after enactment of this Act; (4) any account that is overdrawn three times in six months; and (5) emergencies beyond the control of the depository institution. Permits a State to require, or a depository institution to provide for, shorter time periods for deposit availability. Requires interest to accrue on funds deposited in interest-bearing accounts beginning on the business day of deposit. Requires a depository institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by check. Authorizes the Board to publish model disclosure forms and clauses for common transactions. Directs the Board to establish a Payments System Advisory Council to advise and consult with it in the exercise of its functions under this Act. Sets forth provisions governing: (1) the administrative enforcement of this Act; and (2) the civil liability of institutions that fail to comply with this title.
United States · United States Congress · 7 May 1985
Railroad Safety Improvement Act of 1985 - Directs the Secretary of Transportation, within 30 days of enactment of this Act, to issue a final rule or regulation to ensure the prevention of alcohol and drug use in railroad operations. Amends the Federal Railroad Safety Act of 1970 to direct the Secretary, within 180 days of enactment of this Act, to issue such rules, regulations, orders, and standards as necessary to: (1) ensure the safe maintenance, inspection, and testing of signal systems at rail-highway crossings; and (2) define qualification standards for employees who conduct railroad power brake and freight car inspections. Requires an inquiry into whether training standards are necessary for train dispatchers, with a report to the Congress, along with any recommendations. Requires the National Railroad Adjustment Board to resolve any dispute, grievance, or claim within 180 days after its filing with such Board. Authorizes the Board to award an aggrieved employee compensation equivalent to one year's pay, if the violation is a certain form of discrimination. Prohibits the Secretary from disclosing the name of any railroad employee who has provided information regarding alleged violations of railroad safety law. Exempts from this proscription disclosures made to the Attorney General for enforcement purposes. Authorizes a railroad employee to commence a civil action to compel the Secretary to perform an act related to enforcement under the Federal railroad safety laws, if such act is not discretionary, and if the failure to perform such act creates a danger of serious injury or death to such employee. Requires such action to be brought in the U.S. District Court for the District of Columbia, or the U.S. district court for the judicial district where the alleged violation occurred. Authorizes appropriations for FY 1986 and 1987 for: (1) Federal railroad safety provisions; (2) State safety programs; (3) research and development activities; and (4) rail planning for Toledo, Ohio. Directs the Secretary to evaluate the employee assistance program related to drug and alcohol abuse operated by the Consolidated Rail Corporation and report to the Congress on its effectiveness. Directs the Secretary to encourage the establishment of a private, nonprofit corporation, financially supported by individual railroad employees and companies, to support and promote specified items relating to alcohol and drug abuse assistance. Authorizes the Secretary to provide certain materials and office space if such corporation is established within 90 days after enactment of this Act.
United States · United States Congress · 7 May 1985
Allowable Cost Reform Act - Requires that a contract with the Department of Defense for an amount more than $25,000 that is flexibly priced or for which certain cost or pricing data is required must: (1) disallow certain costs; and (2) impose a penalty on a contractor who submits a claim for reimbursement of such a cost. Provides that the following costs are disallowed under such a contract: (1) costs of amusement and social activities; (2) costs incurred to influence action on legislation or appropriation matters pending before the Congress; (3) costs of the defense of any fraud proceeding; (4) fines and penalties imposed for noncompliance with Federal, State, or local laws and regulatons; (5) costs of memberships in any social or dining club or organization; (6) alcoholic beverages; (7) contributions or donations; (8) advertising; and (9) models, gifts, souvenirs, or other memorabilia. Requires the Secretary of Defense to issue regulations concerning the allowability of contractor costs. Requires the Secretary to submit to the House and Senate Armed Services Committees a report identifying: (1) the nature of the proposed changes to be made to current cost principles; and (2) the potential effect of such changes on future requests for reimbursement of contractor costs. Requires the Secretary to allow resolution of challenged expenses by negotiation and settlement. Requires the Secretaries of the military departments and the Directors of the Defense Agencies to prescribe regulations to limit to five years the duty assignment for certain contracting officials to any particular contractor.
United States · United States Congress · 6 May 1985
Uniformed Services Former Spouses' Equity Act - Provides that a former spouse of a member of the uniformed services shall be entitled, unless expressly provided by a spousal agreement or court order, to an annuity: (1) equal to 50 percent of the retired or retainer pay of the member if married to the member throughout the creditable service of the member; or (2) equal to a pro rata share of 50 percent of such pay if not married to the member throughout the entire creditable service of the member. Requires that an election by a member not to participate, or to participate at a reduced level, in the Survivor Benefit Plan or to provide an annuity for a dependent child only must be made jointly with the member's spouse. Provides that such an election must be in writing. Allows a member who has a former spouse to jointly elect by a spousal agreement with such former spouse or as provided under a court order to provide a survivor to the former spouse or to waive such an annuity. Treats a former spouse as a spouse for purposes of eligibility as a beneficiary, computation of annuities, and reductions in retired or retainer pay under the Survivor Benefit Plan if the member elects such treatment. (Present law treats a former spouse as a person with an "insurable interest" subject to certain restrictions and requiring larger reductions in retired or retainer pay.) Establishes a 24-month period during which members who were already divorced before the effective date of this Act may elect to have a former spouse covered under the Survivor Benefit Plan. Provides that a former spouse's share of retired or retainer pay shall be based on the gross amount of such pay. (Present law bases such share on the net amount of such pay after specified deductions.)
United States · United States Congress · 2 May 1985
Medicare Vision Reform Act of 1985 - Amends title XVIII (Medicare) of the Social Security Act to provide coverage for all services provided by a doctor of optometry. (Current law permits coverage for optometric services only if related to the condition of aphakia). Requires payment for optometric services to be made on the basis of an assignment.
United States · United States Congress · 29 April 1985
Superfund Amendments of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to include petroleum when designated as a hazardous substance under the coverage of such Act, including any petroleum which is released from an underground storage tank. Establishes within Superfund the Leaking Underground Storage Tank Account for expenditures required for response actions for releases or threatened releases of petroleum which is designated a hazardous substance. Directs the Secretary of the Treasury to transfer eight and one-half percent of Superfund monies into such Account.
United States · United States Congress · 29 April 1985
Authorizes the Inspector General of the Department of Defense to suspend payments under a contract with the Department of Defense, or revise the schedule for payments under such a contract if the Inspector General determines that: (1) based on audits there have been excessive charges; and (2) other remedies available by law and under the contract are insufficient to eliminate promptly waste, fraud, and abuse with respect to the contract. Allows the Secretary of Defense, in the interest of national security, to overrule such an action by the Inspector General. Requires the Secretary to report to specified committees of the Congress on the reasons for overruling such action.
United States · United States Congress · 24 April 1985
Korean War Memorial Act - Directs the Secretary of the Interior to erect and maintain a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. armed forces who served in the Korean War. Subjects the selected site, design, and plans for the construction of such memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission. Authorizes appropriations.
United States · United States Congress · 24 April 1985
Defines a "family farmer" for purposes of Federal bankruptcy law as any person (other than a corporation) owning a farm, at least 80 percent of whose debts arise out of such farming operation. Allows a family farmer with a regular annual income and with total secured and unsecured debts of less than $1,000,000 to qualify as a debtor under bankruptcy provisions providing for the adjustment of debts of an individual with regular income (personal bankruptcy provisions). Provides that involuntary bankruptcy cases may not be commenced against family farmers. Extends by 120 days the periods following the order for relief during which only a debtor may file a reorganization plan and after which any party in interest may file a reorganization plan in the case of a debtor who is a farmer. Revises the compensation of a trustee appointed to a personal bankruptcy case where the debtor is a family farmer to a percentage fee not exceeding the sum of up to ten percent of the aggregate payments up to $450,000 under the plan of such debtor plus three percent of the aggregate amount of payments exceeding $450,000, based on the maximum annual compensation and the actual necessary expenses incurred by the trustee. Prohibits a court from converting a reorganization case to a liquidation case, or a personal bankruptcy case to a reorganization or liquidation case, if the debtor is a family farmer. Allows a plan filed in a personal bankruptcy case to modify the rights of holders of claims secured only by a security interest in real property which is a family farmer's principal residence and which such family farmer uses for farming operations. Extends from five to seven years the maximum period over which payments may be made under such a plan in the case of a debtor who is a family farmer. Requires a court, at the timely request of such a debtor, to hold a hearing to determine from the facts and circumstances of the debtor and the case a reasonable time after such a plan is filed within which the debtor shall begin making such payments.
United States · United States Congress · 23 April 1985
Natural Gas Utilization Act of 1985 - Amends the Powerplant and Industrial Fuel Use Act of 1978 to repeal prohibitions against the use of natural gas and petroleum as a primary energy source by new electric powerplants. Amends the Natural Gas Policy Act of 1978 to repeal the passthrough of natural gas acquisition costs which are incurred by interstate pipelines (incremental pricing).
United States · United States Congress · 23 April 1985
Amends the Internal Revenue Code to require the Secretary of the Treasury, if the Secretary determines that an inequity would otherwise result, to offset any deficiency assessed against a taxpayer by the amount of any deficit or refund to which the taxpayer would be entitled except for the expiration of the time period for filing a claim or suit for such credit or refund.
United States · United States Congress · 23 April 1985
Authorizes the President, on behalf of the Congress, to present a gold medal honoring George Gershwin to his sister, Frances Gershwin Godowsky, and a gold medal honoring Ira Gershwin to his widow, Lenore Gershwin. Directs the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 18 April 1985
Establishes the United States Boxing Commission as a nonprofit corporation. Lists the purposes and powers of the Commission which include: (1) proposing changes in the rules of professional boxing to ensure the safety of the participants; (2) establishing a uniform set of rules for State Boxing Commissions to follow; (3) researching the causes of boxing related injuries; (4) establishing standards for physical and mental examinations; (5) providing a voluntary pension and life and health insurance fund for professional boxers; (6) issuing annually renewable certification cards to boxers, trainers, cut men, referees, ringside physicians, and other boxing assistants who have met all Commission standards; (7) establishing, regulating, and discontinuing subordinate organizations; and (8) establishing criteria for membership. Requires the Commission to submit annual reports to the Congress. Authorizes appropriations for FY 1986 and 1987. Directs the Comptroller General to undertake a study to determine the amount of dues and other assessments necessary to fund the operations of the Commission and submit the results of such study to the Congress.
United States · United States Congress · 18 April 1985
Prohibits any agency of the government from obligating or appropriating funds for the production of lethal chemical weapons. Expresses the sense of the Congress that: (1) the President should intensify efforts to achieve agreement with the Soviet Union and other countries to stop the production, proliferation, and stockpiling of lethal chemical weapons; (2) the Department of Defense should protect the armed forces against the use of lethal chemical weapons in attacks; (3) an agreement with the North Atlantic Treaty Organization must be concluded on the prepositioning of any new chemical weapons; and (4) funding of new lethal chemical weapons is unwarranted in light of the Federal budget deficit.
United States · United States Congress · 18 April 1985
Amends title XX (Block Grants to States for Social Services) of the Social Security Act to prohibit using title XX grants for any child care services unless: (1) the State has established and is enforcing appropriate out-of-home child care standards; and (2) such services meet the standards so established. Sets forth specific areas of concern that a State's standards must address.
United States · United States Congress · 18 April 1985
Amends the Trade Act of 1974 to authorize the Congress to initiate presidential actions against unfair foreign trade practices by adopting a concurrent resolution that: (1) states that the Congress considers such a country's or an instrumentality's act, policy, or practice to be a denial of benefits to the United States under trade agreements or to be unjustifiable and a burden on U.S. commerce; and (2) requests the President to take action. Requires the President to notify the Congress within 21 days of what action, if any, the President will take against such foreign trade practices. Requires the President to submit an annual report to the Congress specifying with respect to foreign countries or instrumentalities with which the United States had a negative trade balance: (1) the extent to which such negative trade balance was attributable to unfair foreign trade practices; and (2) what actions were taken to eliminate such practices.
United States · United States Congress · 18 April 1985
Amends the Internal Revenue Code to allow a refundable income tax credit to any individual who maintains a household which includes one or more elderly qualified persons. Sets the amount of such credit at $1,000 for each such elderly person living in the household. Limits the aggregate amount creditable to $2,000 on any return for the taxable year. Defines "qualified elderly person" as any individual who: (1) has attained age 65; (2) has an impairment which, as determined by a physician, renders such individual physically or mentally incapable of caring for himself and has lasted or is expected to last six months or longer; and (3) has as a principal place of abode for more than half of the taxable year the home of the taxpayer.
United States · United States Congress · 18 April 1985
Authorizes the President to call a White House Conference on Library and Information Services, to be held not later than 1989, to develop recommendations for improvement of such services and their public use. Requires that the Conference be planned and conducted by the National Commission on Libraries and Information Sciences. Authorizes the Librarian of Congress, the Director of the National Library of Medicine, and the Director of the National Agricultural Library, upon request, to detail personnel to the Commission. Requires the Conference to submit a final report to the President within 120 days following its close. Directs that the final report be made public, and within 90 days after receipt by the President, transmitted to the Congress with recommendations. Establishes an advisory committee to assist in planning and conducting the Conference. Includes among its appointed members the Secretary of Education and the Librarian of Congress. Authorizes appropriations as necessary.
United States · United States Congress · 18 April 1985
Expresses the sense of the House of Representatives that the administration should comply with the automatic appropriation and earmarking provisions of the Wallop/Breaux Sport Fish Restoration Trust Fund and support adequate appropriation for the Boating Safety Account in such Fund. States that funds owed to the States from such Fund should not be withheld or delayed.
United States · United States Congress · 18 April 1985
Expresses the sense of the Congress that the President should cancel his planned visit to the Bitburg Cemetery out of respect for the millions who suffered and died at the hands of the SS and the Nazis.
United States · United States Congress · 17 April 1985
States that the House of Representatives condemns the Soviet Union's military terrorism and attempted destruction of Afghanistan. Recommends that the President provide medical, military, and food assistance to the Afghan Freedom Fighters.
United States · United States Congress · 16 April 1985
Expresses the sense of the House of Representatives that legislation should not be enacted which would further restrict: (1) eligibility for Federal student financial aid; or (2) access to higher education.
United States · United States Congress · 15 April 1985
Public Securities Act of 1985 - Title I: Establishment of a Self-Regulatory Organization with Respect to Municipal and Government Securities - Amends the Securities Exchange Act of 1934 to expand provisions concerning the registration, regulation, and disciplining of municipal securities dealers to govern all public securities dealers. Defines "public securities" as municipal and Government securities. Reestablishes the Municipal Securities Rulemaking Board (MSRB) as the Public Securities Rulemaking Board (PSRB) and increases its membership by two. Empowers the Board to formulate rules regulating: (1) the amount of initial and maintenance margin in connection with the purchase, sale, or carrying of Government securities; (2) the type of deposit or collateral which shall be furnished; (3) the carrying of undermargined accounts for limited periods and under specified conditions; (4) the withdrawal of funds or securities; (5) the substitution or additional purchase of securities; (6) the transfer of accounts from one Government securities broker or dealer to another; (7) special or different margin requirements for delayed deliveries, short sales, repurchase and reverse repurchase agreements, and arbitrage transactions; and (8) the bases and methods to be used in calculating collateral deposits, margins, and market prices. Part B: Conforming Amendments - Sets forth conforming amendments. Empowers the Board of Governors of the Federal Reserve System to prescribe requirements for the initial or subsequent maintenance of a deposit in connection with the purchase, sale, or carrying of a Government security. Directs the Securities and Exchange Commission to consult with the Federal Reserve Board and the Department of the Treasury when prescribing capital requirements for Government securities dealers to assure that such requirements do not adversely affect the efficiency, liquidity, or integrity of Government securities markets. Title II: Transitional and Savings Provisions - Provides for the: (1) transfer and allocation of funds and personnel from the MSRB to the PSRB; (2) termination of the MSRB; and (3) continuation of MSRB authorities, administrative proceedings, and judicial proceedings. Title III: Effective Dates - Makes this Act effective 180 days after enactment. Provides effective dates for appointment and rulemaking authority under this Act.
United States · United States Congress · 4 April 1985
Requires the initial report of the National Drug Enforcement Policy Board to include: (1) a comprehensive assessment of the current and potential contribution of synthetic narcotic analogs (designer drugs) to the illegal narcotics problem in the United States; (2) proposals for illegal drug law enforcement strategies to prevent the manufacture and distribution of synthetic narcotic analogs; and (3) recommendations to the Congress for necessary legislation to eliminate the manufacture and distribution of illegal synthetic narcotic analogs.
United States · United States Congress · 4 April 1985
Limits progress payments under defense contracts to 80 percent of the total costs of performing the contract (85 percent with a small business). Authorizes the Secretary of Defense and the heads of Federal agencies to provide progress payments at a different rate under certain circumstances.
United States · United States Congress · 4 April 1985
Authorizes the President to impose tariff surcharges on articles imported from Japan, France, or any country within the North Atlantic Treaty Organization if the President determines that the cost of providing such country with defense assistance should be offset by tariff surcharges.
![Official portrait of Rep. Eckart, Dennis E. [D-OH-11]](https://www.congress.gov/img/member/e000031_200.jpg)