United States · United States Congress · 4 April 1985
Superfund Expansion and Protection Act of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)(Superfund) to include among hazardous substances subject to such Act any petroleum released from an underground storage tank. Includes pollutants and contaminants under Superfund, defining them as any substance which after release into the environment causes disease or abnormalities upon exposure or assimilation, either directly or through the food chain. Excludes petroleum and natural gas except as otherwise indicated under such Act. Redefines "release" to include the abandonment of containers containing hazardous substances or pollutants or contaminants. Requires the President to consider long-range effects when evaluating the cost-effectiveness of offsite remedial actions. Directs the Administrator of the Environmental Protection Agency to establish reportable quantities for all noncarcinogenic hazardous substances within six months of this Act's enactment and all other hazardous substances by November 1, 1986. Requires the Administrator to conduct periodic audits of reported releases and report to the Congress at least annually on such audits. Increases criminal penalties for failure to notify the Federal Governmentu of a hazardous substance release. Authorizes the Administrator to undertake any response action when faced with a release or threatened release of a hazardous substance unless the Administrator determines the responsible party will take appropriate action. Requires the Administrator to assess the health effects associated with such release or potential release. Exempts from liability for the effects of such release any party performing information or engineering services pursuant to an approved response action. Requires a State to pay 50 percent of the cleanup costs only if the State both owned and operated the polluting facility. Credits States with cleanup costs already dispersed as specified. Requires the Administrator to choose remedial actions which are: (1) consistent with the National Contingency Plan (NCP); (2) cost-effective; and (3) permanent whenever possible. Places facilities for which no permanent solution is technologically feasible on an interim National Priorities List (NPL), such list to be reviewed every five years to determine if a permanent solution has become feasible. Eliminates the requirement that pollutant levels be such as to protect human welfare, leaving the requirement that such levels protect human health and the environment. Requires pollutant levels to comply with the other Federal standards applicable. Specifies under what conditions removal actions must comply with the requirements of the Solid Waste Disposal Act. Entitles Federal and State environmental officials to access to the information and premises of any person who generates, treats, or disposes of hazardous substances for purposes of determining the need for a response action. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to prepare toxicological profiles on the most frequently found or threatening hazardous substances. Entitles the public to participate in the selection of a plan for remedial action. Authorizes the Administrator to provide grants for technical assistance to groups which may be affected by a release from a facility on the NPL. Establishes a schedule for the commencement of remedial investigations and feasibility studies for all facilities on the NPL. Provides for the listing of additional facilities at regular intervals. Requires the commencement of remedial actions at a minimum rate of 200 facilities per year by the start of FY 1987. Requires the Administrator to complete preliminary assessments of all facilities on the Emergency and Remedial Response Information System list by the start of 1987. Requires completion of remedial action for facilities currently on the NPL within five years or requires an explanation of nonperformance. Permits individuals to petition the Administrator for a health effects study where hazardous substances have been removed. Permits Federal authorities to provide the Congress with information on such studies and their conduct without administrative clearance or approval. Authorizes the Administrator to: (1) provide alternative water supplies; (2) relocate individuals; and (3) provide medical care if such studies indicate the necessity of such actions. Requires the Administrator to revise the NCP, consistent with these provisions. Permits an individual to petition the Administrator for a preliminary assessment of a release. Includes damage to the food chain and the ambient air among the factors determining a facility or site ranking under the NCP. Authorizes the Administrator to determine whether and how an individual may object to a nonreviewable abatement action. Includes additional Federal cleanup or abatement activities for which a responsible party would be liable. Requires each Federal agency which may be a defendant under this Act to provide its own counsel rather than the Attorney General. Grants Federally-ordered lab tests the presumption of accuracy. Makes liability strict, joint, and several under this Act for damages and costs resulting from the release and cleanup of hazardous substances. Entitles a defendant to prove such damages are divisible and to seek contribution. Authorizes appropriations for FY 1986 through 1990 for the Hazardous Substance Superfund, earmarking specified amounts for the Leaking Underground Storage Tank Account. Repeals the ability of any party to recover for damages to natural resources caused by a release. Requires an annual audit of the conduct of Superfund, including comparative reports of actions taken in earlier fiscal years. Establishes a statute of limitations of six years after the completion of the response action, regardless of the date of discovery of the loss. Permits a State to require contributions for response costs compensated under this Act. Title II: Federal Cause of Action - Entitles individuals injured by the disposal of a hazardous substance to recover damages from the responsible parties who will be held strictly, jointly, and severally liable. Entitles such individuals to compensation for expenses related to personal injury, economic injury, and limited pain and suffering. States that this Federal cause of action does not preempt State law regarding liability for damages in connection with any hazardous substance. Establishes a three year statute of limitations, running from the date of knowledge of the injury or the date of enactment of this Act. Prohibits dual recovery through worker's compensation or actions filed in a State court and this Act. Permits additional recovery against the source of the disposal for later manifested injuries. Title III: Miscellaneous Provisions - Permits citizen action lawsuits against any party, including the Federal Government, involved with hazardous substances in such a way as may present an imminent and substantial danger to health or the environment or against the President for failure to perform a required duty. Requires potential plaintiffs to give 60 days notice to the appropriate Federal and State officials as well as the alleged violator before commencing an action. Prohibits such action if the Administrator or the State has commenced and is prosecuting a court action already or a settlement has been reached. Permits intervention, as a matter of right. Prohibits citizen actions for the siting or issuance of permit to a hazardous waste disposal facility. Authorizes the Federal district court to award costs to any substantially prevailing party. Permits EPA intervention as a matter of right. Includes the disposal of a pollutant or contaminant under CERCLA only as specified. Directs the Administrator to commence the drilling fluids study required by the Solid Waste Disposal Act within six months of this Act's enactment. Directs the Administrator to select ten to 20 areas to establish and operate for three to five years a victim assistance demonstration program for individuals injured through exposure to hazardous substances. Sets forth application and program criteria and conditions for such grants. Requires such programs to include group insurance benefits for medical treatment and disability. Requires the President to report annually to the Congress on the effectiveness of these programs. Requires participating States to report on such as well. Title IV: Community Right to Know and Emergency Planning - Amends the Toxic Substances Control Act by adding a new title II concerning the communities' right-to-know, emergency planning, and liability. Requires each covered manufacturer, distributor, user, and importer of a covered hazardous substance (potential release) to prepare and update a fact sheet for such substance for distribution to local police, fire, and health officials. Requires the fact sheet to include the name, physical properties of, and hazards posed by the substance, including potential routes of human exposure to such substance, symptoms of such exposure, and appropriate emergency and first aid procedures. Requires status sheets on the same basis as fact sheets, with each status sheet to include the maximum inventory and method of storage of the substance, the quantity of its emission into the environment, and the quantity and method for disposal. Requires the releasor of a covered hazardous substance in an emergency situation to provide an emergency bulletin to the State and local police and other local officials. Requires the bulletin to identify the name and amount of the substance released and the response actions taken. Requires fact and status sheets and emergency bulletins to be made available for public inspection with public notice of such availability at the facility of the potential releasor. Requires the Administrator of the Environmental Protection Agency to publish a uniform format for fact and status sheets. Authorizes a State's Governor to identify local officials to receive covered hazardous substance release information, with the Administrator doing so in the absence of the Governor's identification. Requires the potential releasors to maintain records of information required by this Act. Requires manufacturers or importers to transmit fact sheets to covered distributors or users upon shipping of a covered hazardous substance. Excludes certain small businesses and research, medical, and household uses from coverage under this Act. Provides protection for trade secrets while continuing to make necessary information available to the appropriate persons. Excludes listed or possible carcinogens from such protection. Sets forth application and substantiation procedures for trade secret claims. Permits affected citizens or government officials to compel disclosure of nonsubstantiated trade secrets through the Federal courts. Authorizes the Administrator to grant exemptions from the basic notification requirements of this Act through specified procedures open to the public, based upon a cost-benefits analysis where there is no reasonable likelihood of harm. Directs each covered major manufacturer to develop within two years of enactment of this Act a comprehensive evacuation and emergency response plan which addresses the health and safety issues applicable to such manufacturer's particular situation. Requires the plan to include designations of the appropriate government officials to be notified, mitigation measures, evacuation routes, notification plans, and evaluation of community support services. Authorizes each Governor to designate emergency response districts within 18 months of enactment of this Act or the Administrator will do so. Permits each Governor to appoint an Emergency Response Committee per district or the Administrator will be treated as such Committee. Requires such Committees to review the manufacturers' plans, revising them where necessary. Directs the Administrator within 18 months of enactment of this Act to develop uniform national mandatory labeling requirements for pipes, storage tanks, or containers not otherwise required to be labeled which would reasonably be presumed to release a covered hazardous substance. Requires the label to indicate the appropriate response to a release. Directs the Administrator to designate covered major manufacturers for emergency response purposes within one year of enactment of this Act. Limits the designation to those whose substances would pose an imminent and substantial danger to health and the environment if released in significant quantities. Includes all persons covered under this Act in lieu of such designations. Includes Federal departments as potential covered major manufacturers. Exempts those whose emergency activities are sufficiently covered under other Federal or State law. Renders the manufacturer or processor strictly liable for damages caused by accidental or abnormal releases, excluding act of God or war. Covers medical, burial, and economic losses as well as pain and suffering (to a limited extent). Includes specified analysis and scientific evidence and studies among the evidence which may be introduced to establish causation. Establishes a three-year statute of limitations from the date of enactment or the date of realization of injury for causes of action for injury from the release of a covered hazardous substance, whichever is later. Provides that this Act does not preempt State or other law in the area of liability for damages. Requires entitled individuals to receive compensation for injuries sustained from a hazardous substance release from workers' compensation rather than under this Act. Sets forth categories of substances to be considered covered hazardous substances and procedures for adding additional substances. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to compile and update a digest of all such substances. Exempts certain substances for this Act's purposes, based upon the form, amount, and other regulation of such substances. Establishes civil and criminal penalties, limiting criminal penalties to the knowing violation of emergency requirements. Authorizes citizens' suits to enforce this Act. Permits States to adopt more stringent right-to-know standards in the workplace context and emergency response requirements. Permits State and local governments to impose fees upon potential releasors to cover administrative costs. Title V: Amendments of the Internal Revenue Code to 1954 - Superfund Revenue Act of 1985 - Amends the Internal Revenue Code to increase and extend through FY 1990 the environmental excise taxes on petroleum and specified chemicals. Includes an inflation adjustment for computing the tax on chemicals. Exempts exported chemicals from tax liability. Adjusts special rules for certain chemicals. Imposes a waste end tax on: (1) the receipt of hazardous waste at a qualified hazardous waste management unit; (2) the ocean dumping of such waste; and (3) the export of such waste. Sets increasing, per-ton tax rates on the disposal of such wastes. Sets forth reporting requirements and penalties for violations. Establishes in the Treasury the Hazardous Substance Response Trust Fund. Establishes within Superfund a separate Leaking Underground Storage Tank Account. Directs the Secretary of the Treasury to study the economic impact of the environmental taxes on specified chemicals and report to the Congress on the results by April 1, 1986.
United States · United States Congress · 4 April 1985
Renewable Energy and Conservation Transition Act of 1985 - Title I: Extension of Business Energy Credits - Amends the Internal Revenue Code to extend the energy investment tax credit for solar energy property from 1985 to 1990. Sets the amount of such credit during such period at 15 percent for low temperature solar property and 25 percent for all other solar property. Extends the energy investment tax credit for wind property from 1985 to 1988. Sets the amount of such credit at: (1) ten percent during 1986 and 1987; and (2) five percent during 1988. Extends the energy investment tax credit for geothermal property and biomass property from 1985 to 1988. Extends the energy investment tax credit for ocean thermal property from 1985 to 1990. Revises the definition of "solar property" for purposes of such tax credit. Sets forth special rules for geothermal equipment to qualify for such credit. Title II: Affirmative Commitment Rule to Extend the Business Credit for Certain Long-Term Projects - Extends the time period during which an affirmative commitment must be made in order for long-term energy projects to be eligible for the energy investment tax credit. Allows such extension: (1) from 1990 to 1993 for solar energy property; (2) from 1988 to 1990 for geothermal energy property; and (3) from 1985 to 1990 for hydroelectric generating property. Title III: Extension of Residential Energy Credits - Extends the residential energy income tax credit for solar renewable energy property from 1985 to 1990. Phases out such credit over such period of time. Provides that solar hot water systems and active space heating systems must meet certain additional standards in order to qualify for such credit. Extends the residential energy income tax credit for wind renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Extends the residential energy income tax credit for geothermal renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Revises the definition of geothermal deposits for purposes of such credit. Revises the definition of energy conservation expenditures for purposes of the residential energy income tax credit to limit the amounts taken into account to $700. Limits the energy conservation income tax credit to taxpayers with an adjusted gross income of less than $30,000. Title IV: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 3 April 1985
Oil and Gas Leasing Reform Act of 1985 - Amends the Mineral Leasing Act to revise provisions relating to the authority of the Secretary of the Interior to lease oil and gas lands. Authorizes the Secretary of the Interior to lease to the highest responsible qualified bidder, by competitive bidding, any lands subject to disposition under the Act which may contain oil or gas deposits. Provides that a lease shall: (1) be for an initial period of five years and as long thereafter as gas or oil is produced from the leased area in compliance with the diligence standards; (2) entitle the lessee to explore, develop, and produce oil and gas, conditioned upon compliance with diligence standards; and (3) be conditioned upon an annual rental payment of at least $2.00 per acre. Requires a minimum royalty of $4.00 per acre in lieu of rental at the expiration of each lease year. Requires any lessee conducting exploration, development, or production of oil or gas to provide the Secretary access to all data and information obtained from such activity which the Secretary may request.
United States · United States Congress · 3 April 1985
Civil Service Retirement Spouse Equity Amendments of 1985 - Amends the Civil Service Retirement Spouse Equity Act of 1984 to apply the guidelines regarding the termination of annuity benefits for survivors of Federal retirees who remarry before age 55, and the guidelines regarding restoration of such benefits upon dissolution of such remarriages, to: (1) remarriages occurring on or after the date of enactment of such Act (November 8, 1984); and (2) periods beginning on or after such date. (This would permit survivors who were widowed before May 8, 1985, the effective date of the guidelines, to remarry at age 55 without losing their benefits.) Provides that a survivor's annuity shall be either 55 percent of the Federal retiree's annuity or that portion which the retiree has designated for survivor annuity benefits. Permits a Federal retiree to elect a survivor's annuity for a former spouse within 18 months of the effective date of certain regulations under this Act (thus granting an 18 month extension to annuitants who wish to modify a previous election.) Allows Federal retirees who have elected a survivor's annuity for a former spouse before certain implementing regulations become effective to modify such election by designating in writing that only a portion of such annuity is to be used as the base for the former spouse's survivor annuity. Directs the Office of Personnel Management to prescribe regulations to implement the survivor annuity provisions, including regulations for making refunds pursuant to an annuitant's election modifications. Permits certain former spouses of Federal retirees who are entitled to a survivor's annuity to enroll in an approved Federal employees health benefits program within 12 months after the date of enactment of this Act. Applies survivor's annuity benefits guidelines to individuals married to Federal retirees as of the effective date of this Act unless: (1) the retiree notifies in writing that such benefits are not desired; or (2) the retiree has married after retirement and did not make a survivor's annuity election before enactment of this Act. Permits Federal retirees who have retired within 180 days after enactment the Civil Service Retirement Spouse Equity Act of 1984, and whose spouses have been precluded for certain reasons from receiving survivor annuity benefits, to elect for such benefits in writing within 18 months of the effective date of certain regulations prescribed by the Office of Personnel Management. Establishes guidelines under which certain survivor annuity elections shall be prospectively voided. Amends the annuity computation guidelines to provide that annuity elections made by married employees (or Members of Congress) on behalf of a spouse may be made only if any right of such spouse to a survivor annuity based on the annuitant's service is waived. Directs the Office of Personnel Management to notify Federal retirees who are retired as of the 180th day after enactment of the Civil Service Retirement Spouse Equity Act of 1984 of the procedures and deadlines applicable to the exercise of their rights under such Act.
United States · United States Congress · 3 April 1985
Defense Environmental Restoration Act of 1985 - Subjects facilities under the jurisdiction of the Secretary of Defense to the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund). Exempts the Secretary from the financial responsibility requirements. Prohibits the delegation to the Secretary of any response authority under such Act, requiring such authority to remain with the President or the Administrator of the Environmental Protection Agency (EPA) as appropriate. Permits the designation of the Secretary and other Department of Defense (DOD) officials as natural resources trustees under such Act. Authorizes the Administrator to delegate other authorities to the Secretary or DOD officials if it would be cost-effective except the authority to approve remedial action at a site on the National Priorities List (NPL) in a nonemergency situation. Authorizes the President to issue response action orders as necessary to protect the national security. Directs the Secretary to establish within the Office of the Secretary an office to implement the Defense Environmental Restoration Program which includes investigating and cleaning up contamination from hazardous substances and correcting environmental damage. Directs the Secretary to carry out response actions with respect to releases of hazardous substances from sites and vessels under the Secretary's jurisdiction. Excludes response actions which do not result in a new facility from military construction requirements. Permits removal or remedial action by another responsible party. Directs the Secretary to pay all fees and charges imposed by State and local authorities for storage and/or disposal of hazardous substances on lands under the jurisdiction of the Secretary. Authorizes the Secretary to implement the administrative abatement authorities where there may be an imminent and substantial endangerment to public health or the environment from a DOD controlled facility. Authorizes appropriations for FY 1986 through 1990 to carry out the restoration program. Makes available to the Secretary amounts recovered from responsible parties for response actions of the Secretary. Authorizes the Secretary to settle claims under CERCLA up to a specified amount. Authorizes appropriations for FY 1986 through 1990 for emergency removal actions where the release or threatened release of any hazardous substance presents an imminent and substantial endangerment to the public health or environment. Limits the per-site expenditure unless the Secretary and the Administrator agree that continued response actions are required in an emergency-type situation. Requires each emergency removal action to be completed within six months if possible or within 18 months at the outside. Requires the Secretary to notify the Congress within 15 days of obligating emergency funds. Authorizes the Secretary to use facility maintenance funds for response actions, including emergency actions. Authorizes the Secretary to utilize the services of any other Government agency on a reimbursable basis to carry out this Act. Directs the Secretary to establish a research, development, and demonstration program regarding hazardous waste management, including cost-effective strategies and technological innovation. Authorizes appropriations for FY 1986 through 1990. Directs the Secretary to notify the Administrator of the Agency of Toxic Substances and Disease Registry (ATSDR) within one year of this Act's enactment of the 25 hazardous substances most frequently used at DOD facilities for which no standard or water quality criteria are in effect under the other Federal environmental and water quality statutes. Requires ATSDR to prepare profiles on such substances within one year of receiving the funds to do so. Authorizes appropriations. Directs the Secretary to keep the regional EPA offices and the appropriate State and local authorities informed about any hazardous substance releases or proposed response actions occurring at a DOD site within their area. Requires that such notice be made prior to taking a response action in nonemergency situations. Directs the Secretary to establish a Technical Review Committee of such authorities whenever possible to review and comment on DOD proposals. Requires the Secretary to provide an opportunity for public participation before adopting a plan for remedial action at any DOD site on the NPL. Directs the Secretary to report annually to the Congress on the implementation of this Act, including a statement for each site and its hazardous substances, the response actions taken or proposed, and the costs involved. Directs the Secretary to provide the Congress with information on military construction projects in the budget attributable to environmental restoration programs. Requires military construction authorizations to separately set forth the amount requested for environmental restoration for each military department and defense agency. Authorizes the Secretary to carry out otherwise unauthorized emergency construction for hazardous substance response actions up to a specified amount and after congressional notification.
United States · United States Congress · 2 April 1985
Amends the Federal Insecticide, Fungicide, and Rodenticide Act to prohibit the registration or reregistration of any pesticide or herbicide unless the Environmental Protection Agency has tested it and determined that it is not likely to endanger human beings. Revokes the registration of any pesticide or herbicide that has not been tested within three years of enactment of this Act.
United States · United States Congress · 2 April 1985
Humane Product Testing Act of 1985 - Requires Federal departments and agencies to promote nonanimal alternatives to the LD50 test used in the testing of products. Phases out the use of such test to the degree possible within one year of this Act's enactment. (LD50 is a procedure whereby toxicity is measured in terms of the median dose which will kill 50 percent of the test animals within a specified period.)
United States · United States Congress · 28 March 1985
Simultaneous Nuclear Test-Ban Act - Expresses the sense of the Congress that the President, before August 6, 1985, should declare that the United States will begin a three month cessation of the testing of nuclear warheads on that date if before that date the Soviet Union makes a similar declaration that effective on that date the Soviet Union will begin a three month cessation of the testing of nuclear warheads. Declares the United States should continue such cessation indefinitely unless and until the President certifies to the Congress that the Soviet Union has conducted a nuclear warhead test. Expresses the sense of the Congress that during such cessation the President should seek resumption of the comprehensive test ban talks between the United States, Great Britain, and the Soviet Union. Prohibits the United States from obligating or spending any money for testing nuclear warheads during the three month period beginning on August 6, 1985, if the President does not declare such a cessation of nuclear testing. Authorizes such spending if the President certifies to the Congress that the Soviet Union on or after August 6, 1985, tested a nuclear warhead. Requires the President to include in any such certification: (1) an unclassified report summarizing the basis for the certification; and (2) a classified report describing the Soviet activities that are the basis for the certification. Provides for inclusion in such talks of proposals for long-term mutually acceptable verification measures. Requires the President to report annually to the Congress on: (1) the progress in nuclear arms control negotiations with the Soviet Union; and (2) whether the President believes that continuation of the cessation of nuclear testing is in the U.S. national security interest.
United States · United States Congress · 28 March 1985
Prohibits interstate and foreign commerce in any article of fur derived from an animal trapped in a steel jaw leghold trap. Establishes criminal penalties for violations of this Act. Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Makes the Secretary, with the assistance of appropriate Federal or State personnel, responsible for enforcing this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture.
United States · United States Congress · 27 March 1985
Expresses the sense of the House of Representatives that travel by Members of Congress to the Soviet Union and travel by Soviet leaders to the United States serves the interests of the two nations and that such travel is encouraged.
United States · United States Congress · 21 March 1985
Directs the Postal Service to establish a program under which change-of-address forms may be transmitted to appropriate State election authorities for voter registration purposes. Directs the Postal Service to prescribe regulations under which a State may participate in such program. Authorizes appropriations.
United States · United States Congress · 21 March 1985
Safe Drinking Water Act Amendments of 1985 - Title I: Public Water Systems - Amends the Safe Drinking Water Act (SDWA) to make existing national interim primary drinking water regulations final. Directs the Administrator of the Environmental Protection Agency (EPA), within varying time periods for specified contaminants, to simultaneously propose and then publish either maximum contaminant level goals and national primary drinking water regulations or else a determination that such regulations are not justified because the levels of such contaminant in the public water systems do not represent a threat. Directs the Administrator to publish maximum contaminant level goals and simultaneously promulgate national primary drinking water regulations for each other substance which may have an adverse effect on human health. Requires the Administrator to publish an annual list establishing priorities for the review of such substances, considering substances regulated as toxic water pollutants under the Clean Water Act and substances registered as pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. Directs the Administrator, within three years of each contaminant's being listed on such priority list, to simultaneously propose and then publish either maximum contaminant level goals and national primary drinking water regulations or else a determination that such regulations are not justified. Requires that each maximum contaminant level goal allow an adequate margin of safety and that each national primary drinking water regulation specify a maximum level which is as close to the goal as is feasible. Authorizes the Administrator to promulgate a national primary drinking water regulation that requires the use of an acceptable treatment technique in lieu of establishing a maximum contaminant level if it is not economically or technologically feasible to establish such a level. Directs the Administrator to propose and promulgate primary drinking water regulations specifying when public water systems using surface water as a source of supply must use filtration. Directs the Administrator to promulgate disinfection regulations applicable to all public water systems, including variances and technical assistance. Directs the Administrator to provide the Science Advisory Board an opportunity to comment prior to the proposal of a maximum contaminant level goal and national primary drinking water regulation. Authorizes the Administrator to take into consideration the size of a public water system and the contaminants likely to be found in its drinking water in requiring a system to monitor for unregulated contaminants. Directs the Administrator to promulgate regulations requiring every public water system to conduct a monitoring program for unregulated contaminants at least once every five years, unless the number of persons served or the likely contaminants require greater frequency. Authorizes the primary State enforcement authority to delete contaminants for an individual system after Administrator approval of the assessment. Permits the waiver of such monitoring requirement for certain systems which have recently concluded such a program and for certain systems supplying fewer than 150 service connections. Authorizes the Administrator to issue compliance orders as well as bring civil suits to enforce these provisions. Directs the Administrator to amend regulations to provide for varying types and frequencies of public notice of violations by a public water system, depending upon their frequency and seriousness. Requires a State to prescribe within one year a schedule of compliance and implementation of control measures at the same time it grants an exemption. Permits the primary enforcing authority (State or Administrator in the case of four States and the District of Columbia) to extend the exemption for up to three years after the issue date if a system in good faith cannot meet the standard without capital improvements or financial assistance or has agreed to become part of a regional public water system. Permits exemption renewals for systems with 500 or fewer service connections. Establishes criminal and civil penalties for tampering with a public water system. Authorizes the Administrator to provide technical assistance to small public water systems to enable them to comply with national drinking water standards. Authorizes appropriations for FY 1986 through 1989. Title II: Protection of Underground Sources of Drinking Water - Prohibits the disposal of hazardous waste by underground injection above or into a formation which contains an underground source of drinking water unless such injection is part of a required corrective or response action. Directs the Administrator to require groundwater monitoring at appropriate locations to detect fluid migration into underground drinking water sources from injection wells. Requires the Administrator to report to the Congress within nine months of this Act's enactment on State surveys of disposal wells which discharge nonhazardous waste into or above underground sources of drinking water. Directs the Administrator to issue a compliance order or commence a civil action if a State does not enforce violations of the underground injection control program. Quintuples the maximum per day penalty for violations. Revises other provisions relating to the imposition of civil penalties. Requires each State to adopt and submit to the Administrator for approval a comprehensive State plan to protect underground sources of drinking water from unhealthful contamination. Requires such plans to: (1) identify the implementing agency; (2) identify each underground water source, its quality, patterns, and contamination potential; (3) identify the types of human development and their effects for each such source; (4) set forth regulations, including establishing best management practices for potential contamination activities; and (5) guarantee alternative drinking water supplies when an underground source becomes unhealthful to persons. Sets forth submission and resubmission procedures. Requires State compliance with these requirements as a condition of receiving funds for a State underground injection program. Extends to natural gas storage operations specified limitations on regulation of underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production. Limits the use of funds authorized for such purposes to these purposes. Requires each State to implement its plan within two years of its adoption if possible, submitting a progress report to the Administrator within that time regarding implementation. Requires Federal agencies involved in activities affecting a critical recharge area identified in an approved State plan to act in a manner consistent with such plan. Authorizes municipalities within a sole source area to petition the Governor to designate part of such area as a "special protection area." Requires the Governor, if approving the petition, to: (1) designate or establish an entity to develop a comprehensive management plan; (2) assure and encourage public participation; and (3) submit to the Administrator of the Environmental Protection Agency the proposed boundaries of the area and a description of the planning entity. Authorizes the Administrator, if approving the Governor's submission, to provide such State with a 50 percent matching grant for the costs of preparing the petition and developing and implementing the plan. Increases the Federal share to 60 percent for aquifers serving populations of 10,000 or less. Requires the plan to maintain the quality of the ground water recharged through the special protection area by maintenance, to the maximum extent possible, of the natural vegetative and hydrological conditions. Permits the resubmission of modified plans if earlier submissions to the Governor or Administrator are rejected. Authorizes the Administrator or a State with primary enforcing responsibility to order certain contaminators of a sole or principal source aquifer which supplies a public water system to provide potable water to affected persons. Establishes civil penalties for violations. Directs the Administrator to establish criteria for sole or principal source areas. Title III: General Provisions - Authorizes appropriations for FY 1986 through 1989.
United States · United States Congress · 20 March 1985
Labor-Management Notification and Consultation Act of 1985 - Prohibits any employer (i.e. any business with 50 or more employees) from ordering a plant closing or permanent layoff until 90 days after the employer serves written notice of a proposal to issue such an order to: (1) the representative of the affected employees or, if none, to each affected employee; and (2) the Federal Mediation and Conciliation Service. Provides for reduction of such notification period if the Service determines that unavoidable business circumstances prevent the employer from withholding such closing or layoff until the end of such period. Provides for extension of such notification period thus prohibiting the ordering of such closing or layoff while the employer is subject to an order to continue to consult. Prohibits an employer from ordering a plant closing or permanent layoff unless the employer has: (1) met with representatives of the affected employees with respect to a proposal to order such closing or layoff; and (2) consulted in good faith with such representative for the purpose of agreeing to a mutually satisfactory alternative to or modification of such proposal. Makes such obligation to consult commence on the date of notice and continue until the end of the 90-day notification period. Provides that such consultation period shall be extended if the Service determines that the employer has failed to comply with such consultation requirements. Authorizes the Service to renew any such extension imposed. Requires the employer to disclose to the affected employees' representative information necessary for thorough evaluation of: (1) the proposal to order the closing or layoff; and (2) any alternatives or modifications suggested to such proposal. Authorizes the Service to issue protective orders to prevent disclosure of information which could compromise the employer's competitive position. Sets forth provisions for the administration and enforcement of requirements under this Act. Provides for: (1) assistance by the Service to employers, employee representatives, affected employees, State employment services, and other State and local officials; (2) investigations and injunctive actions by the Department of Labor; (3) civil actions against employers; and (4) civil actions against representatives of employees. Provides that the rights and remedies provided to employees by this Act are in addition to any other contractual, statutory, or other legal rights and remedies of the employees. Expresses the sense of the Congress that employers who, because affected employees do not have a representative, are not required to comply with the consultation and disclosure requirements under this Act should consult with and disclose information to such employees in order to reach a mutually satisfactory alternative or modification of the proposal to order the closing or layoff. Establishes a National Commission on Plant Closings and Worker Dislocation. Requires the Commission to report to the President and the Congress within 12 months of the appointment of members. Terminates the Commission 30 days after such report. Authorizes appropriations for the Commission.
United States · United States Congress · 20 March 1985
Atomic Veterans Relief Act of 1985 - Provides disability benefits to veterans who participated in atomic tests or the occupation of Hiroshima or Nagasaki after World War II and who, within 40 years, suffer from diseases that may be attributable to ionizing radiation, including: (1) leukemia; (2) polycythemia vera; (3) carcinoma of the thyroid; (4) chromosomal damage; (5) posterior subcapsular cataracts; and (6) other radiogenic cancers. Directs the Administrator of Veterans Affairs to promulgate regulations to resolve benefit claims and provide standards for benefit determinations and the inclusion of additional diseases as the basis for benefits. Provides for survivors' benefits. Directs the Administrator to report to the Veterans' Affairs Committees of the Congress whenever legislative action related to the subject matter of the regulations is needed. Requires proposed and final regulations to be published in the Federal Register by the Administrator within specified periods. Establishes a presumption that a disability is service-connected for a veteran exposed to ionizing radiation while on active duty, notwithstanding the absence of Government records documenting any such exposure. Provides medical care for the treatment of genetic or congenital disorders in the natural children of affected veterans. Entitles such children to educational assistance. Requires the Administrator to carry out an outreach, screening, and counseling program to serve those veterans, dependents, and survivors entitled to benefits under this Act. Directs the Administrator to establish a research and training program for the diagnosis and treatment of disabilities caused by exposure to ionizing radiation, including a centralized registry of claims. Directs the Administrator to make a comprehensive report on these programs in the annual report to the Congress under this Act.
United States · United States Congress · 19 March 1985
Textile and Apparel Trade Enforcement Act of 1985 - Limits the total quantity of 1985 imports of textiles and textile products from a major exporting country to the lesser of an amount equal to 101 percent: (1) of the total quantity of textile products imported from such country if the total had increased by six percent annually (one percent annually for wool products) during 1981 through 1984; or (2) if the United States has an agreement with such country providing for an annual growth rate of less than six percent, of the total quantity of such products from such country imported during 1984. Limits the total quantity of 1985 imports of textiles and textile products from an exporting country to an amount equal to the total quantity of such products imported from such country during 1984 plus: (1) 15 percent of such quantity in the case of a category that is not an import sensitive category; or (2) one percent in the case of an import sensitive category. Provides for changing the classification of a country, except for a Caribbean country, from an exporting country to a major exporting country if the total textile imports from such country equals or exceeds one and one-quarter percent of all textiles imported into the United States. Sets forth a formula for adjusting the growth of textile imports annually. Sets forth certain minimum quantities of textile imports that all countries shall be allowed to export to the United States. Requires the Secretary of Commerce to enforce this Act. Directs the Secretary, within six months of enactment of this Act, to establish an import licensing system under which an importer of textiles will be required to present an import permit as a condition of entry of such textiles. Directs the President to report to the Congress annually on the administration of this Act.
United States · United States Congress · 19 March 1985
Amends the Federal criminal code to prohibit engaging in, or furnishing money, goods, or services with the intent of assisting any group to engage in, military or paramilitary operations in a foreign country if there is a statutory prohibition against U.S. covert assistance to military or paramilitary operations in that country.
United States · United States Congress · 7 March 1985
Polygraph Protection Act of 1985 - Prohibits any employer from using any lie detector test or examination in the work place, for both pre-employment testing and testing in the course of employment. Requires the Secretary of Labor to prepare and have printed notices setting forth this prohibition. Requires employers to post these notices. Provides for remedies for violations of this Act as found in the Fair Labor Standards Act. Exempts Federal, State, and local employees from the Act's coverage.
United States · United States Congress · 7 March 1985
Anti-Apartheid Act of 1985 - Prohibits any U.S. person from making any loan to South Africa or to any organization owned or controlled by South Africa. Excludes from such prohibition a loan for any educational, housing, or health facility which: (1) is available to everyone on a nondiscriminatory basis; and (2) is located in an area accessible to all population groups. Declares that such prohibition shall not apply to loans for which an agreement is entered into before enactment of this Act. Directs the President to issue regulations prohibiting U.S. persons from making any investment (including bank loans) in South Africa. Excludes from such prohibition: (1) an investment which consists of earnings derived from a business enterprise in South Africa established before enactment of this Act and which is made in that business enterprise; or (2) the purchase of certain securities in such business enterprises. Prohibits any person, including U.S. banks, from importing into the United States any gold coin minted in or offered for sale by South Africa. Authorizes the President to waive the prohibitions against investments in South African businesses and against importing South African gold coins if: (1) the Government of South Africa meets at least one of seven conditions; (2) the President submits to the Congress a determination that such conditions are met; and (3) a joint resolution is enacted approving such determination. Authorizes the President to extend the waivers. Provides for expedited consideration of such joint resolution. Amends the Export Administration Act of 1979 to prohibit exporting computers, computer software, or goods or technology intended to service computers to or for use by South Africa or any organization owned or controlled by South Africa. Excludes from such prohibition donations of computers to primary and secondary schools. Declares that certain termination provisions of the Export Administration Act of 1979 shall not apply to such prohibition. Provides for enforcement of this Act. Sets forth penalties for violations of this Act. Directs the President to attempt to persuade through negotiations other countries to adopt restrictions on new investment in South Africa, on bank loans and computer sales to South Africa, and on the importation of krugerrands. Directs the President to submit annual reports to the Congress on the status of negotiations. Terminates the provisions of this Act and all the regulations issued to carry out this Act upon enactment of a joint resolution approving a determination submitted by the President to the Congress that apartheid in South Africa has been abolished.
United States · United States Congress · 7 March 1985
Amends the Clayton Act to specify factors to be considered by a court in determining whether an acquisition of the stocks, share capital, or assets of one person engaged in commerce by another such person substantially lessens competition.
United States · United States Congress · 7 March 1985
Homeless Emergency Relief Act of 1985 - Directs the Secretary of Health and Human Services, through the Office of Community Services, to provide grants to local governments or nonprofit organizations for the provision of emergency services (shelter, food, and outpatient care) to homeless persons and families. Limits: (1) Federal amounts to 75 percent of project costs; and (2) individual grants to $5,000,000. Establishes in such Office the Emergency Shelter Grants Review Board which shall review applications and recommend grant recipients to the Secretary. Authorizes FY 1986 appropriations.
United States · United States Congress · 7 March 1985
Requires each State to provide for voter registration by mail for Federal elections. Requires such registration to be carried out by a post card application form approved by the Attorney General. Prohibits any State from denying any person the right to vote on the grounds such person is not registered to vote if such person has complied with the requirements of post card registration. Requires the Postmaster General, the Commissioner of Social Security, and the Administrator of Veterans Affairs, in cooperation with the Attorney General and the Chief election officer of each State, to facilitate distribution of post card registration forms in Federal facilities.
United States · United States Congress · 7 March 1985
Antitrust Procedural Fairness Act of 1985 - Establishes public notice and comment requirements (similar to those for proposed rule making under the Administrative Procedure Act) for guidelines proposed by the Department of Justice or the Federal Trade Commission with respect to the interpretation or implementation of the antitrust laws or the policies for enforcing such laws. Requires a 60-day period for public comment. Requires the Department and the Commission to maintain a file of each proceeding relating to the issuance of a guideline which shall include: (1) the public notice; (2) the documentary material upon which the agency relied in formulating the guideline; (3) copies of written comments received; (4) all material which the agency is required to make public; and (5) statements required of the agency in formulating the guideline.
United States · United States Congress · 7 March 1985
Directs States to conduct voter registration: (1) during regular business hours and days; (2) during voting hours at polling places on election days; and (3) at other times prescribed by State law. Prohibits any State from denying any individual the right to vote in any Federal election because such individual is not registered to vote if such State does not conduct registration as required by this Act.
United States · United States Congress · 7 March 1985
Expresses the sense of the House of Representatives that the Secretary of State should recommend to the Attorney General that extended voluntary departure status be granted to alien nationals of Guatemala until the situation there becomes safe for their return.
United States · United States Congress · 6 March 1985
Handgun Crime Control Act of 1985 - Title I: Amendments to Chapter 44 of Title 18, United States Code - Amends the Federal criminal code to direct the Attorney General to approve for manufacture, assembly, importation, sale, or transfer any approved handgun model which is used for lawful sporting purposes. Makes it unlawful for any licensed manufacturer, importer, dealer, or collector to manufacture, assemble, sell, deliver, or transfer any handgun (other than a curio or relic) which is not an approved model. Makes it unlawful for any non-licensee to sell or transfer any handgun (other than curio or relic) unless such person knows or has reasonable cause to believe such handgun is an approved model. Prohibits a pawnbroker from being licensed as a dealer in handguns or handgun ammunition. Directs the Attorney General to review State laws providing for permits to carry and purchase handguns and certify those meeting specified standards. Allows an individual possessing a permit under a certified State law to purchase a handgun if certain requirements are met. Makes it unlawful for a licensed dealer to transfer a handgun to a person not holding a permit under a certified State law unless certain procedures are followed. Requires in any such case that the transferee appear in person at the dealer's business premises. Requires the dealer, before delivery of the handgun, to forward a copy of a sworn statement by the transferee to the chief local law enforcement officer of the transferee's place of residence and the Federal Bureau of Investigation (FBI) for an identity and record check. Prohibits delivery until 21 days after submission of the sworn statement. Makes it unlawful for any licensed importer, manufacturer, dealer, or collector to sell to the same person, or for any non-licensee to purchase, three or more handguns during a period of one year without the prior approval of the Attorney General. Makes it unlawful for any person to fail to report the loss, theft, or disappearance of a handgun in his possession to the authorities within 24 hours after discovering such loss. Requires all licensed importers, manufacturers, and dealers to maintain accurate records of all handgun transfers. Makes any person who negligently transfers a handgun in violation of this Act civilly liable for the death or injury of an individual as a result of the use of such handgun by the transferee during commission of an offense. Makes it unlawful for any person to transport any firearm or ammunition in interstate commerce if such transportation violates a State law in a place through which the firearm is shipped or an ordinance at the place of sale, delivery, or other disposition. Increases the license fee for handgun dealers from $10 to $500 and for manufacturers and importers from $50 to $5,000. Makes it unlawful for any illegal alien, dishonorably discharged member of the armed forces, or U.S. citizen who has renounced such citizenship to possess, transport, or receive any firearm or ammunition. Amends the Omnibus Crime Control Act to allow the court to abate the penalties for using or carrying a firearm during the commission of a felony if certain mitigating factors are present. Title II: Gun Control Functions Transferred to the Attorney General - Transfers to the Attorney General all functions of the Secretary of the Treasury under the Gun Control Act of 1968. Establishes the Firearms Safety and Abuse Control Administration within the Department of Justice. Requires the Attorney General to report annually to Congress on the activities of the Administration. Title III: Miscellaneous Provisions - Directs the Advisory Commission on Intergovernmental Relations, in consultation with the U.S. Conference of Mayors and the National League of Cities, to report on the intergovernmental problems involved in controlling illicit handgun traffic and the effectiveness of the Gun Control Act of 1968.
United States · United States Congress · 6 March 1985
Prohibits the Secretary of Defense from demilitarizing any chemical munitions under his or her jurisdiction except at the military installation at which the munitions are stored. Prohibits the Secretary from transporting chemical munitions to or from any U.S. military installation.
United States · United States Congress · 6 March 1985
Expresses the sense of the Congress that: (1) Paraguay should carry out an investigation to locate and arrest Josef Mengele and extradite him to the Federal Republic of Germany; and (2) the United States should take actions to ensure that Josef Mengele is brought to justice.
United States · United States Congress · 5 March 1985
Indian Health Care Amendments of 1985 - Title I: Indian Health Manpower - Amends the Indian Health Care Improvement Act to authorize appropriations for specified Indian health programs for FY 1986 through 1989, including scholarship programs and continuing education allowances. Prohibits the Secretary of Health and Human Services (the Secretary) from denying scholarship assistance solely on the basis of an applicant's scholastic achievement if such applicant has been admitted to, or maintained good standing at, an accredited health professions institution. Directs the Secretary to grant Indian Health Scholarships to Indians enrolled full-time in certain schools for health professionals. States that the active duty service requirements of the Public Health Service can be met by specified services, including: (1) service under a contract pursuant to the Indian Self-Determination and Education Assistance Act; and (2) the private practice of a health professional if such practice is in a health professional shortage area and addresses the health care needs of a substantial number of Indians. Title II: Health Services - Enumerates the health services for which the Secretary is authorized to expend Indian Health Care Improvement Fund appropriations. Prohibits the use of such funds to offset or limit appropriations made under other Acts. Conditions the allocation of such funds upon the health resource deficiency level of the affected Indian tribes. Allocates such funds on a service unit basis. Requires the Secretary to submit to the Congress a current health services priority system report, including the methodology for determining tribal health resources deficiencies, and the funds needed to raise all service units to a zero level deficiency. Directs the Secretary to establish a review mechanism for tribal petitions regarding the health resource deficiency level of a tribe. Requires the Secretary to provide a current update of tribal specific health plans. Requires at least one percent of the Indian Health Care Improvement Fund appropriation to be expended for research. Makes programs administered by tribal organizations under the Indian Self-Determination and Education Assistance Act eligible for specified funds on an equal basis with programs administered directly by the Indian Health Service. Directs the President to include with the submission of the budget a separate statement which specifies the amounts obligated to implement enumerated health services. Authorizes appropriations for FY 1986 through 1989 for specified health services. Designates such appropriations the Indian Health Care Improvement Fund. Establishes an Indian Catastrophic Health Emergency Fund to meet extraordinary medical costs for victims of disasters or catastrophic illness. Authorizes appropriations. Authorizes the Secretary to waive the competitive procurement requirements for health services upon certification by the responsible Chief Medical Officer that such requirements would compromise the quality of health services. Title III: Health Facilities - Requires the Secretary to submit to the Congress a health facilities priority system report regarding the construction or renovation needs of the ten top priority inpatient and ambulatory care facilities. Requires the Secretary to consult with any Indian tribe that might be affected by an expenditure for health facilities before the Secretary makes a commitment for such an expenditure. Conditions the closure of any health care facility upon the Secretary's submission to the Congress of an impact assessment one year prior to the contemplated closing. Enumerates the data to be included in such assessment. Directs the Secretary to implement a ten-year plan to provide safe water and sanitary sewage and solid waste disposal facilities to Indian homes and communities. Requires the Secretary to report to the Congress regarding the Indian Health Service's current Indian sanitation facility priority system and the funds needed to raise all communities or tribes to a zero level of deficiency. Authorizes specified appropriations to provide sanitation facilities. Authorizes the Secretary to provide financial and technical assistance for the operation and maintenance of sanitation facilities, utility organizations, and emergency repairs of sanitation facilities. Authorizes appropriations for FY 1986 through 1989. Authorizes tribes to expend certain non-Indian Health Service funds for the renovation of Indian health facilities, subject to specified conditions. Authorizes the Secretary to exchange certain real property with the Bethel Native Corporation (Alaska). Specifies conditions under which the Secretary is required to negotiate an agreement to sell to such corporation a specified Service hospital and appurtenant facilities. Conditions such sale upon a lease-purchase agreement whereby the Corporation shall purchase the hospital and its facilities and the Service shall lease and operate such hospital and its facilities. Title IV: Access to Health Services - Extends the authorization for specified appropriations for grants and contracts with tribal organizations from FY 1986 through 1989. Title V: Urban Indian Health Services - Directs the Secretary to contract with urban Indian organizations to administer health services programs in urban areas. Sets forth specified requirements to be included in such contracts. Details eligibility criteria for the selection of such organizations. Authorizes the Secretary to enter into contracts with urban Indian organizations to determine the health status and unmet health care needs of urban Indians in affected urban areas. Delineates the requirements of such contracts. Requires the Secretary to: (1) develop evaluation procedures for the performance of such contracts; and (2) conduct annual onsite evaluations of each contracting urban Indian organization. Prescribes guidelines for the renewal of health care or referral services contracts. Prohibits renewal of contracts for determination of unmet health needs if their performance has been non-compliant or otherwise unsatisfactory and problems cannot be resolved. Requires certain reports to the Congress. Authorizes appropriations for FY 1986 through 1989 for purposes of carrying out such contracts. Title VI: Organizational Improvements - Establishes in the Office of the Secretary of Health and Human Services the Office of Indian Health Service to administer all Indian health programs and authorities assigned to the Secretary or the Surgeon General, including such programs and authorities under this Act and other specified Acts. Places the Office of Indian Health Service under the direction of an Assistant Secretary for Indian Health who shall be responsible for the conduct and operation of Indian health matters. Transfers the Indian Health Service to the Office of Indian Health Service (thus terminating the Indian Health Service as part of the Health Resources and Services Administration). Provides that the assignment of commissioned corps personnel to service within the Office of Indian Health Service shall not be affected except as specifically provided in this Act. Requires the Secretary to establish an automated management information system for the Indian Health Service. Title VII: Miscellaneous - Authorizes the Secretary to enter into legal agreements with Indian tribes or tribal organizations in order to provide compensation for facility space costs associated with the administration and delivery of health services by the Indian Health Service or tribally operated programs. Directs the Secretary to coordinate efforts with the Secretary of the Interior and the Secretary of Education to develop programs to combat alcohol and drug abuse among Indian juveniles, including preventive education programs in schools operated by or under the Bureau of Indian Affairs. Directs the Secretary to establish an Office of Alcohol and Drug Abuse within the Indian Health Service. Authorizes appropriations for FY 1986 through 1989. Directs the Secretary to arrange with the National Academy of Sciences, in consultation with the Office of Technology Assessment, to conduct a study of health hazards faced by Indians and Indian miners exposed to nuclear resource developments on or near Indian communities. Directs the Secretary and the Indian Health Service to develop a health care plan which addresses the results of such study. Directs the Secretary to submit to the Congress both the health hazard study and the ensuing health care plan, within certain times. Authorizes appropriations for such study. Extends from FY 1984 to 1989 the time during which Arizona is designated as a contract health service delivery area. Authorizes appropriations for FY 1986 through 1989. Extends eligibility for health services of specified Indians in the State of California from FY 1984 through 1988. Establishes eligibility guidelines for certain California Indian and for certain persons who are otherwise ineligible for medical benefits provided by either the Indian Health Service or by tribes contracting with the Service. Designates the State of California as a contract health service delivery area. Lists programs eligible for Indian Health Service funds. Restricts circumstances under which the Secretary may remove a member of the National Health Service Corps who is performing obligated service in a health facility operated by or under the Indian Health Service. Sets a deadline by which the Secretary must develop and implement a plan to reduce Indian infant and maternal mortality rates to that of the general population. Directs the Secretary to provide contract health services to the Turtle Mountain Band of Chippewa Indians who reside in the Trenton Service Area of specified counties in the States of North Dakota and Montana.
United States · United States Congress · 5 March 1985
Income and Jobs Action Act of 1985 - Declares that every adult American able and willing to earn a living has the right to a choice among opportunities for paid employment (part- or full-time) at decent wages or for self-employment. Directs all Federal agencies to plan and carry out their policies and programs so all adult Americans may exercise this right. Prohibits the Federal Reserve System or any other Federal agency from promoting recession, stagnation, or involuntary unemployment as a means of reducing wages and salaries or inflation. Declares that every adult American unable to work for pay has the right to an adequate standard of living that rises with increases in the wealth and productivity of the society. Provides that no adult American shall be judged unable to work merely because of the unavailability of suitable paid employment opportunities at a given time or place or because of the lack of previous employment. Requires, in the absence of such opportunities and until such opportunities can be provided, that an adult American able and willing to work for pay shall be provided with whatever income is required to maintain a moderate level of living, as defined by the Bureau of Labor Statistics. Directs the President, in the first annual message at the beginning of the first session of the Congress after the enactment of this Act, to include specific proposals for a Conversion Planning Fund, to be administered by agencies determined by the President. Provides that such Fund shall promote short- and long-term plans for coping with declines in civilian or military activities by developing specific policies, programs, and projects (including feasibility studies, education, on-the-job training, and inducements for necessary and desirable labor mobility) for the expansion of economic activities in sectors where additional or improved goods or services are needed. Requires, in addition to such other funds as may be authorized, that such Fund include no less than one percent of the amount appropriated for military purposes during each subsequent year. Directs the President, within six months after the enactment of this Act and thereafter in each annual economic report and budget message, to transmit to Congress a staged program to create conditions under which the rights set forth in this Act may be enjoyed and to describe how the Conversion Planning Fund may be most productively used. Sets forth requirements for the design of such program, including provisions for locally based over-all planning. Directs the President, as part of such annual program, to transmit to Congress a short- and long-range schedule for implementing the purposes of the Act. Requires that such schedule include reductions in: (1) the military budget; (2) wasteful tax expenditures and loopholes; and (3) interest rates and Federal deficits. Requires that such schedule include: (1) recommendations for the appropriate use and direction of public and private pension funds; (2) the creation or promotion of private and public development banks, particularly in neighborhoods and other areas of high unemployment and poverty; (3) the promotion of educational activities within each State in accordance with locally-based overall planning, with special attention to educational processes that promote and use the creative abilities of businesses, labor unions, nonprofit voluntary and cooperative organizations, and the unemployed; and (4) timetables for developing the conditions for progress in attaining the policy goals of this Act. Requires that any outlays proposed under such plan and program be presented in terms not only of gross outlays, but also of net outlays, computed with a full estimation of specified factors.
United States · United States Congress · 5 March 1985
Veterans' Employment Amendments of 1985 - Amends the Emergency Veterans' Job Training Act of 1983 to extend through July 1, 1986, the provisions of such Act. Increases the eligibility for job training assistance to veterans of the Korean and Vietnam conflicts by lowering the required period of unemployment necessary for such eligibility. Increases to GS-11 the level to which veterans may be appointed for veterans readjustment appointments and career-conditional appointments (currently to GS-9). Eliminates the disability requirement as a condition to such appointments for Vietnam-era veterans.
United States · United States Congress · 5 March 1985
Pesticide Import and Export Act of 1985 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to specify the types of information a pesticide producer must submit to the Environmental Protection Agency (EPA) on pesticides manufactured in and exported from the United States. Requires the Administrator of EPA to cooperate and collaborate with the Secretary of State, Secretary of Agriculture, and the Commissioner of the Food and Drug Administration in identifying overseas pesticide use patterns on food crops exported to the United States. Requires the Administrator to prepare an annual report summarizing such information. Requires that information on pesticide exports be kept confidential except as it must be disclosed to comply with reporting requirements. Prohibits considering a pesticide in violation of this Act even though the Administrator has cancelled, suspended, denied, or restricted the use of the pesticide or the use of the pesticide has been voluntarily cancelled or suspended if the Administrator, after consultation with the Secretary of State and the Secretary of Agriculture, and before export determines that the foreign country has: (1) requested the pesticide; (2) disclosed to the Administrator the specific intended use of such pesticide in such country; (3) informed the Administrator of educational procedures for users of the pesticide; and (4) if the pesticide will be used on food crops exported to the United States, informed the Administrator of regulatory requirements imposed on the use of such pesticide that might affect the nature and level of pesticide residues on such crops. Requires the Administrator, upon receipt of such information, to provide such country with information regarding: (1) restrictions on the use of such pesticide in the United States; (2) the nature and estimated severity of any unreasonable adverse effects identified by the Administrator; (3) the availability of regulatory and scientific documents concerning such pesticide; and (4) in the case of an acutely toxic pesticide, the acute hazards associated with exposure to such pesticide. Prohibits the use of a temporary tolerance established as part of an experimental use permit from covering pesticide residues on imported foodstuffs. Requires the Administrator to revoke the tolerances for residues: (1) associated with cancelled, suspended, or denied uses of a pesticide; or (2) if the tolerance is no longer needed or supported by the available scientific data. Provides for automatically revoking a tolerance within 180 days of cancellation or suspension of use of a pesticide or if a pesticide registration or registration application is voluntarily withdrawn. Directs the Administrator to establish a residue action level at the time a tolerance is revoked if the Administrator determines that: (1) residues of the pesticide will unavoidably persist in the environment; and (2) such action levels will not pose an unreasonable adverse effect on man or the environment. Directs the Administrator to: (1) cooperate with international efforts to develop improved and uniform pesticide research and regulatory programs; and (2) provide countries which import pesticides from the United States with technical assistance.
United States · United States Congress · 28 February 1985
Requires presidential primaries to be held during the period beginning the second Tuesday in March and ending on the second Tuesday in June in the year of the presidential election. Directs the Attorney General of the United States to seek compliance with this Act by civil action for equitable relief in Federal district court.
United States · United States Congress · 28 February 1985
Declares that the United States: (1) shall initiate a dialogue with the participants in the Contadora process to develop a common strategy for regional stability; (2) should assist efforts to implement specified objectives by offering such advisory services as may be requested and by exerting vigorous diplomatic efforts to persuade other governments involved in Central America to observe these conditions; and (3) should announce its willingness to pursue multilateral negotiations with the Central American countries. Requires the United States to communicate to Nicaragua its desire to resume negotiations to: (1) further the aims of the Contadora Act for Peace and Cooperation in Central America; and (2) promote the normalization of relations between the United States and Nicaragua. Declares that for the 90 days following enactment of this Act: (1) the United States shall suspend certain military assistance and arms sales to Central American countries except for medical facilities or supplies; (2) the United States shall suspend construction of military facilities in Central American countries; (3) the United States shall not participate in training exercises in or off shores of Central American countries; (4) the number of members of U.S. armed forces in any Central American country may not exceed the number in that country on the date of enactment of this Act unless needed to protect U.S. citizens; (5) the United States shall suspend all air reconnaissance flights for armed forces of any Central American country; and (6) there shall be no obligation or expenditure of Central Intelligence Agency funds, Defense Department funds, or any other U.S. funds to support military or paramilitary operations in Nicaragua by any nation, group, organization, movement, or individual. Requires the President to report to the Congress within 90 days of enactment of this Act on the results of U.S. policy in Central America.
United States · United States Congress · 28 February 1985
Prohibits any person employed by or acting on behalf of the U.S. Government from conspiring or engaging in an assassination. Prohibits any Federal agency from participating in or requesting any person to engage in an assassination.
United States · United States Congress · 27 February 1985
High Risk Occupational Disease Notification and Prevention Act of 1985 - Directs the Secretary of Health and Human Services to conduct research into improving the means of: (1) surveillance of employees exposed to occupational health hazards; and (2) medical monitoring and treatment of employees exposed to occupational hazards. Provides that such research shall be conducted primarily through the occupational and environmental health centers established under this Act. Lists areas such research is to include (among which are: studying the etiology and development of such diseases; developing means of medical surveillance of exposed employees; and developing educational programs). Directs the Secretary to undertake or sponsor additional epidemiological, clinical, and laboratory research to identify and define additional employee populations at risk of occupational disease. Provides that: (1) this expanded research shall be conducted or sponsored by the National Institute for Occupational Safety and Health (NIOSH); and (2) in conducting such research, NIOSH shall have access to prior and current employment, occupational, and health-related data and information maintained by Federal agencies. Authorizes the Secretary, in carrying out such research, to employ experts and consultants. Establishes a Risk Assessment Board, within NIOSH, to: (1) review current medical and other scientific studies and reports concerning the incidence of disease associated with employment; (2) report to the Secretary on the state of current research on such diseases; and (3) designate, from such review, employee populations at risk of disease associated with hazardous occupational exposures. Sets forth factors which the Board must consider in identifying such populations at risk. Directs the Board, within ten days of making a finding that a class or category of workers is a population at increased risk (30 percent greater incidence of disease than a comparable worker population not exposed to the hazardous occupational exposure) or a population at high risk (100 percent greater incidence than the comparable worker population not exposed), to recommend to the Secretary that individuals within such populations be notified and, in cases of high risk, be eligible for services and information under this Act. Gives priority for Board review to those employee populations exposed to hazardous occupational exposures for which there already exists a permanent standard under the Occupational Safety and Health Act. Requires the Board to transmit to the Secretary its findings and recommendations on these employee populations within one year after the effective date of this Act. Directs the Secretary, upon determination that a given class or category of employee is a population at risk of occupational disease, to notify each individual within such population at risk. Sets forth the required contents of such notification, including counseling information. Directs the Secretary to establish a telephone "hot line" for the personal physicians of employees who have received such notification, to provide additional medical and scientific information concerning the nature of the risk and its associated disease. Directs the Secretary to prepare and distribute other medical and health promotion material and information on any risk subject to such notification requirements and its associated disease as the Secretary deems appropriate. Provides that, in carrying out such notification responsibilities, the Secretary shall have access to information and data contained in any Federal agency records, solely for the purpose of obtaining names, addresses, and work histories of employees subject to such notification. Directs the Secretary to establish and certify occupational and environmental health centers. Provides that such centers shall be selected from: (1) educational resource centers of NIOSH and similar centers of the National Institute for Environmental Health Sciences; and (2) at a later date, existing health care facilities, in an appropriate number to obtain even regional distribution of such centers throughout the United States. Sets forth criteria for selection of such centers. Requires such centers to be capable of providing research resources, diagnosis, treatment, medical monitoring, and family services for employees notified under this Act who are at high risk of occupational disease. Directs the Secretary to: (1) develop criteria governing the most appropriate type of medical monitoring; and (2) develop a program for training of existing personnel and procuring specialized equipment required under criteria for certification of such centers. Prohibits discrimination by any employer, insurance carrier, or any other person against any employee on the basis that the employee has been notified by the Secretary of being at risk of any occupational disease. Requires that the employee retain the same rates of pay, benefits and seniority as in the former job if, based upon sound medical advice or monitoring initiated under this Act, it is determined that the employee should be transferred to a less hazardous or non-exposed job. Prohibits any health care financing system from discriminating against an employee who has been notified by the Secretary under this Act in the payment of the costs associated with a medical monitoring program, or any subsequent treatment, including treatment required by a medical monitoring examination or the onset of disease. Sets forth procedures for review of discrimination complaints. Provides for reinstatement and specified compensation for employees who are discriminated against in violation of this Act. Sets forth civil penalties for persons or institutions that violate such discrimination prohibitions. Provides for injunctive relief against violations of this Act or any rule or regulation promulgated under this Act. Requires each health care financing system (including public and private health insurance programs, and the Medicare and Medicaid programs, and disability benefits under the Old Age, Survivors and Disability Insurance program) to provide appropriate testing, evaluation, and medical monitoring services to employees as required under this Act. Requires that the cost of testing, evaluation, and medical monitoring required by an employee as a result of hazardous occupational exposure and notification under this Act be included as a covered item in any health care financing system available to such employees through their employment or as individual purchasers of health insurance. Provides that any treatment provided by a health care financing system to an employee for a subsequent disease that was subject to a notification under this Act may constitute an insurance subrogation claim against a workers' compensation program or insurance carrier. Provides that notification of risk to an employee under this Act and subsequent medical evaluation and monitoring shall not constitute a workers' compensation claim, nor shall such notice toll any statute of limitations with respect to such a claim, except as specifically provided by law under a workers' compensation statute. Authorizes appropriations for FY 1986 and subsequent fiscal years.
United States · United States Congress · 27 February 1985
War Powers Act of 1984 - Amends the War Powers Resolution to rename the resolution the War Powers Act. Authorizes U.S. armed forces, in the absence of a congressional declaration of war, to be introduced into hostilities or into a situation where the imminent introduction of such forces into hostilities is clearly indicated by the circumstances, only: (1) to repel an attack upon the United States, to take retaliatory actions in the event of such an attack, and to forestall the direct and imminent threat of such an attack; (2) to repel an attack against U.S. armed forces located outside the United States and to forestall the direct and imminent threat of such an attack; (3) to protect U.S. citizens while evacuating them from a country where they are being subject to a direct and imminent threat to their lives either sponsored by the country's government or beyond the power of such government to control, provided the President shall make every effort to terminate the threat without using U.S. armed forces and provided that the President shall, where possible, obtain the consent of the government before using U.S. armed forces; or (4) pursuant to specific statutory authorization. Requires the President to report to the Speaker of the House and the President of the Senate whenever U.S. armed forces are introduced into hostilities or into one of the other situations listed above. Requires the President to report to the Congress at least once every six months for as long as U.S. armed forces are engaged in hostilities outside the United States. Limits the length of time that U.S. armed forces may be used in hostilities or in such situations to 30 days unless the Congress enacts a law providing otherwise. Permits the Congress by law or joint resolution to terminate U.S. involvement before the expiration of the 30 days. Provides for expedited consideration of proposals to continue or terminate the use of U.S. armed forces in such situations. States that statutory authorization either for introducing U.S. armed forces into or for sustaining their use in hostilities or situations where imminent introduction of such forces into hostilities is clearly indicated by the circumstances shall not be inferred from: (1) any provision of law unless such provision specifically authorizes such introduction or use of the armed forces and states that it is intended to constitute specific statutory authorization within the meaning of this Act; or (2) any treaty unless the treaty is implemented by a law specifically authorizing such introduction or use of such armed forces and stating that it is intended to constitute specific statutory authorization within the meaning of this Act. Permits U.S. armed forces to participate jointly with members of military forces of other countries in high-level military commands that were established before enactment of this Act and pursuant to a treaty which was ratified before such enactment.
United States · United States Congress · 26 February 1985
Radiation Research Reorganization Act of 1985 - Transfers to the Secretary of Health and Human Services the authority of the Secretary of Energy to conduct epidemiological studies of radiation effects. Directs the Secretary to exercise such authority through the Director of the Centers for Disease Control. Establishes an advisory panel comprised of individuals representing: (1) public interest groups; (2) experts in epidemiological studies of radiation effects upon health; and (3) public health officials.
United States · United States Congress · 26 February 1985
Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to require, in order to establish and maintain improved AFDC quality control standards and procedures: (1) each State to collect and submit to the Secretary of Health and Human Services a statistically reliable sample of AFDC cases; (2) the Secretary to review the sample and notify the State of its error rate; and (3) the State to develop and submit to the Secretary a corrective plan for eliminating or reducing errors. Permits waivers if a State has had a consistently low error rate. Directs the Secretary to establish criteria for corrective action plans. Provides for financial sanctions for States with error rates exceeding certain levels. Permits waivers of the sanctions in certain instances. Defines "error rate" as the ratio of erroneous payments to total payments. Defines "erroneous payments" as: (1) payments to ineligible families; and (2) overpayments to eligible families. Directs the Secretary to study and to report to the Congress concerning: (1) the nature of AFDC client errors; (2) measures of a State's performance under the AFDC program which are broader than the current quality control system based on payment accuracy alone; (3) the desirability of including underpayments as "erroneous payments"; and (4) the cost effectiveness of error reduction. Provides, with respect to title XVI (Supplemental Security Income) of the Act, for the continuation of certain regulations relating to Federal liability for error rates in State supplementation programs.
United States · United States Congress · 26 February 1985
Amends the Internal Revenue Code to extend the residential energy income tax credit for solar energy property for five years (from 1985 to 1990). Phases out the percentage of expenditures which may be taken into account for such credit between the years 1986 and 1990. Limits to $6,000 the maximum amount of expenditures for solar hot water systems which may be taken into account for purposes of such credit. Specifies additional standards which solar hot water systems and active space heating systems must meet in order to qualify for such credit. Increases and extends for five years (from 1985 to 1990) the energy investment tax credit for specified types of solar energy property.
United States · United States Congress · 26 February 1985
Expresses the sense of the Congress that: (1) veterans' disability compensation payments should remain exempt from Federal income taxation; and (2) the President should reject any proposals to tax such payments.
United States · United States Congress · 21 February 1985
Authorizes the President, on behalf of the Congress, to present a gold medal to the family of Harry Chapin in recognition of Harry Chapin's efforts to address issues of world hunger. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 21 February 1985
Construction Work in Progress Policy Act of 1985 - Amends the Federal Power Act to provide that nothing in such Act shall be construed to affect the Federal Energy Regulatory Commission's authority to approve the inclusion of the costs of construction work in progress (defined as construction of a facility used to generate electric energy) in the rate base of a public utility with respect to: (1) any pollution control facility; and (2) the conversion of oil or natural gas-fired facilities to the use of other fuels. Permits a public utility whose internal generation of funds during a test period established by the Commission is 30 percent or less of planned construction expenditures during such period to apply for the inclusion of the cost of construction work in progress in the public utility's rate base. Sets forth the items required in such an application. Requires the Commission to hold an evidentiary hearing upon receipt of an application from a public utility. Requires the Commission to approve the inclusion of the costs of construction work in progress in the utility's rate base if: (1) the facility being constructed is reasonably necessary to meet energy demands; and (2) the utility's financial condition would prevent the financing of such facility except at a cost significantly higher than the average cost of financing within the electric utility industry. Sets forth limitations on the amount of the costs of construction work in progress which may be included in a public utility's rate base. Requires public utilities to discontinue the capitalization of allowance for funds used during construction for those construction work in progress costs which are included in the rate base. Requires that revenues derived from construction work in progress be deferred from inclusion in utility rates for a certain period of time when the facility becomes used for public service.
United States · United States Congress · 21 February 1985
High Technology Research and Scientific Education Act of 1985 - Title I: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Title II: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporations R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 21 February 1985
Declares that the House of Representatives: (1) finds that the Job Corps program has been a cost-effective and successful effort to assist disadvantaged young men and women in obtaining and holding employment; (2) reaffirms its commitment to the Job Corps program; and (3) will not make or accept any reduction in the level of funding for the Job Corps program.
![Official portrait of Rep. Edwards, Don [D-CA-10]](https://www.congress.gov/img/member/e000064_200.jpg)