United States · United States Congress · 21 February 1985
Expresses the sense of the House of Representatives that the United States should: (1) call for negotiations under the auspices of the Organization of American States that are consistent with the Contadora process for the peaceful settlement of conflicts among the five Central American countries; (2) seek the establishment of a multilateral agency to provide economic and humanitarian support for the reform of the Central American economy; (3) initiate the establishment of a multinational development fund; and (4) recognize the need for international cooperation, disband unilateral military and nonmilitary efforts in Central America, and seek to stabilize and to develop the region following the principles of existing agreements such as the Rio Treaty with the assistance of specified groups.
United States · United States Congress · 20 February 1985
Indian Juvenile Alcohol and Drug Abuse Prevention Act - Title I: Inter-Departmental Agreement - Directs the Secretary of the Interior and the Secretary of Health and Human Services to agree to coordinate specified efforts of the Bureau of Indian Affairs (Bureau) and the Indian Health Service relating to alcohol and drug abuse programs for Indian youth. Provides for the biannual review of such agreement by the Secretary of the Interior and the Secretary of Health and Human Services. Requires certain officials of the Bureau and the Indian Health Service to agree, upon a tribe's request, to coordinate resources and services related to alcohol and drug abuse with any Indian tribe. Requires the Secretary of the Interior, acting through the Bureau, and the Secretary of Health and Human Services, acting through the Indian Health Service, to bear equal responsibility for the implementation of this Act in cooperation with Indian tribes. Title II: Education - Amends the Indian Elementary and Secondary School Assistance Act, the Indian Education Act, and the Adult Education Act, respectively, to provide for: (1) grants for the training of alcohol and drug abuse counselors in Indian elementary and secondary schools; (2) a specified percentage of fellowships to be awarded to persons specializing in guidance counseling for alcohol and drug abuse; and (3) grants to support adult education projects which provide alcohol and drug abuse counseling services. Requires Bureau schools and schools operated under the Indian Self-Determination and Education Assistance Act to provide instruction on alcohol and drug abuse to students in kindergarten and grades one through 12. Directs the Secretary of the Interior to: (1) establish summer recreation and counseling programs, coordinated with other similar Indian summer programs, for Indian youth on reservations; (2) require Bureau schools and schools operated under the Indian Self-determination and Education Assistance Act to remain open during the summer months of each year to provide adequate facilities (including use of public and private facilities) for such programs; and (3) provide, as needed, salaried coordinators for such programs. Requires the Secretary of the Interior to publish, on a quarterly basis, an alcohol and drug abuse newsletter and to circulate it to specified Government agencies that provide such alcohol and drug abuse-related services to Indian people. Title III: Family and Social Services - Requires any training program for community health representatives funded under the Bureau to include not less than two weeks of training on the problems of alcohol and drug abuse, including instruction in crisis intervention, family relations, and the causes and effects of fetal alcohol syndrome. Requires the Director of the Indian Health Service to provide training in alcohol and drug abuse to specified schools, Indian Health Service personnel, and others. Provides for the certification, by the Secretary of Health and Human Services, of any person who completes such training for purposes of obtaining academic credit or certification at any post-secondary school. Title IV: Law Enforcement - Requires the Director of the Bureau to provide education on alcohol and drug abuse among Indian youth to Bureau law enforcement personnel. Provides for the detention, in lieu of incarceration, of Indian juveniles in temporary emergency shelters (Indian households) if their offenses are related to the use or possession of drugs or alcohol. Directs the Secretary of the Interior to promulgate, in consultation with the U.S. Attorney General, guidelines under which a law enforcement officer may place an Indian youth arrested for drug or alcohol abuse in a facility other than an emergency shelter. Provides that in instances where a State exercises criminal jurisdiction over any part of Indian country that such State is urged to require its law enforcement officers to place any Indian juvenile arrested for alcohol or drug abuse-related offenses in a temporary emergency shelter (Indian household) or community-based alcohol or drug abuse treatment facility in lieu of incarceration. Provides for the compensation and licensing of Indian households that are used as emergency shelters. Title V: Juvenile Alcohol and Drug Abuse Treatment and Rehabilitation - Requires the Director of the Indian Health Service to conduct a study to determine: (1) the size of the Indian population in need of residential alcohol and drug abuse treatment; (2) where facilities to provide such treatment are or should be located; and (3) the cost of providing such treatment. Requires the Director of the Indian Health Service to provide alcohol and drug abuse treatment services, including detoxification and counseling services, and follow-up care in Indian Health Service facilities and in facilities operated under the Indian Self-Determination and Education Assistance Act to Indian juveniles and adults. Requires the Director to report to the Congress on the progress of such treatment to Indian juveniles and adults. Directs the Secretary of Health and Human Services, in consultation with the Indian Health Service and the Bureau of Indian Affairs, to identify and utilize federally owned structures for use as residential alcohol and drug abuse treatment centers for Indian juveniles. Title VI: Definitions, Effective Date, and Authorization of Appropriations - Sets forth definitions and the effective date. Authorizes appropriations.
United States · United States Congress · 20 February 1985
Amends the Federal Tort Claims Act to allow members of the armed forces to bring claims for damages against the United States for personal injury or death arising out of medical or dental care furnished by a Department of Defense hospital.
United States · United States Congress · 20 February 1985
Hate Crime Statistics Act - Directs the Attorney General to include within the Uniform Crime Reports the incidence of the intentional destruction of religious property (robbery, burglary, theft, arson, vandalism, and trespass) and offenses against persons and property committed to express racial, ethnic, or religious prejudices (homicide, assault, robbery, burglary, theft, arson, vandalism, and trespass).
United States · United States Congress · 19 February 1985
South African Human Rights and Conditionality Act of 1985 - Chapter I: Imposition of Economic Sanctions - Prohibits U.S. persons from making any loans to South Africa or to any organization organized or controlled by South Africa. Excludes from such prohibition loans for educational, housing, or health facilities that are available to all persons on a nondiscriminatory basis and are located in areas accessible to all persons. Prohibits imports of gold or silver coins minted or sold by South Africa. Amends the Tariff Schedules of the United States to prohibit imports from South Africa of certain uranium compounds, coal, and uranium ore or metal. Prohibits any U.S. person from making any investment in South Africa. Authorizes the President to require U.S. persons who have branches or offices in South Africa or who control businesses in South Africa to submit periodic reports on such businesses. Prohibits cooperation of any kind provided for in the Atomic Energy Act of 1954 with respect to South Africa. Prohibits the Nuclear Regulatory Commission (NRC) from authorizing exports of any nuclear material, production or utilization facility, technology, or of any item which has significance for nuclear explosive purposes. Prohibits using the authority of the Atomic Energy Act of 1954 to distribute any special nuclear material, source material, or byproduct material of South Africa. Prohibits U.S. agencies from entering into any subsequent arrangement under the Atomic Energy Act of 1954 which would permit the transfer to or use by South Africa of any nuclear materials, equipment, or technology. Prohibits the Secretary of Energy from providing any authorization for any activity which would involve engaging in South Africa in specified nuclear production activities. Prohibits the Secretary of Commerce from issuing any export license for the export to South Africa of any goods or technology: (1) which are intended for a nuclear related end use or end user; (2) which have been identified as items which could, if used for purposes other than those for which the export is intended, be of significance for nuclear explosive purposes; or (3) which are otherwise subject to specified procedures established pursuant to the Nuclear Non-Proliferation Act of 1978. Directs the Secretary of Commerce to use the authorities contained in the Export Administration Act of 1979 to prohibit the export to South Africa of any goods and technology contained on lists prepared by the NRC, the Secretary of Commerce, the Secretary of Energy, and the Secretary of State pursuant to this Act. Prohibits any officer or employee of any U.S. agency from making available to South Africa any information which could increase South Africa's nuclear capability. Terminates any license or authority described in this Act which was issued before enactment of this Act. Prohibits exporting to South Africa or to any organization controlled by South Africa any goods or technology subject to export controls under the Export Administration Act of 1979, except for certain previously published technical data and for certain medicines, medical supplies, and equipment. Directs the President to carry out a research program to try to develop synthetic substitutes for those strategic and critical materials for which South Africa is a major source of supply to the United States. Authorizes appropriations. Chapter 2: Additional Sanctions - Directs the President to impose additional sanctions against South Africa if within 18 months after enactment of this Act the President has not submitted to the Congress a certification that South Africa has made substantial progress towards: (1) implementing measures to assure that all South Africans may participate in the political, economic, and social life of that country; (2) freeing all political prisoners; and (3) implementing fair labor practices in both the public and private sectors. Requires the additional sanctions to take effect 60 days after the President submits such certification to the Congress unless within that 60-day period a joint resolution is enacted approving the President's certification. Declares as additional sanctions: (1) the prohibition of an honorary consular officer from South Africa; (2) the denial of foreign tax credits and deductions; and (3) the prohibition of landing rights for South African air carriers except in emergencies. Requires, within four years of enactment of this Act, the divestiture of South African investments by U.S. persons and the expulsion of the South African diplomatic mission to the United States, unless before the end of three years after enactment of this Act the President submits to the Congress the certification relating to progress in the rights of South Africans and, within 60 days of its submission to the Congress, a joint resolution is enacted approving the President's certification. Provides for expedited congressional consideration of such a joint resolution. Directs the President to take appropriate steps to seek the cooperation of South Africa in attaining the objectives of: (1) protecting the rights of all South Africans; (2) freeing all political prisoners; and (3) implementing fair labor practices. Terminates any sanctions imposed pursuant to this Act after the enactment of a joint resolution approving the President's certification. Directs the President to prohibit imports of articles of a foreign person into the United States if, after a U.S. person divests itself of his South African investments, such foreign person invests in the same or a comparable South African market and the President determines that such foreign person's investments were made as a result of the U.S. person's divestiture. Chapter 3: General Provisions - Authorizes the President to issue regulations to carry out this Act. Provides for enforcement of this Act. Sets forth penalties for violations of this Act. Makes this Act applicable to attempts to evade this Act.
United States · United States Congress · 19 February 1985
Railroad Antimonopoly Act of 1985 - Amends the Sherman Act to prohibit any owner rail carrier from monopolizing a route by denying any shipper or other rail carrier the use, on reasonable terms, of a facility which is the sole facility over which bulk commodities must be moved to connect with the track of a competing rail carrier or to reach the destination of shipment. Bars any rate restriction under this Act if the owner rail carrier permits a competing carrier to use such sole facility. Specifies procedures for determining rates for the use of a sole facility if there is no competition. Prohibits an owner rail carrier from conditioning the use of a sole facility upon use of other facilities. Permits a shipper to elect to connect with a water carrier instead of, or in addition to, a competing rail carrier at the first connection point; provided that the cost of connecting with the water carrier is no greater than the cost of connecting with the competing rail carrier, or the owner rail carrier is reimbursed for the difference in cost. Entitles any person injured by a violation of this Act to bring an action to recover damages and to seek injunctive relief as provided under the Clayton Act.
United States · United States Congress · 19 February 1985
Hazardous Materials Transportation Act Amendments of 1985 - Declares the purpose of this Act to be to promote the public safety by providing State and local governments with the authority to adequately meet their enforcement and emergency response responsibilities. Amends the Hazardous Materials Transportation Act to set forth standards and procedures for the Secretary of Transportation to use in making inconsistency and nonpreemption determinations about State and local safety requirements in relation to Federal requirements. Directs the Secretary to enter into cooperative agreements for the establishment of regional training centers to train State and local personnel to: (1) respond to hazardous materials transportation accidents; and (2) enforce State and local hazardous materials transportation requirements. States that such agreements shall be for terms of three years. Requires any party to an agreement with the Secretary to bear the cost of constructing training facilities. Directs the Secretary to provide, upon request, training materials and other assistance as may be appropriate. Requires parties to agreements with the Secretary, in developing training materials, to consider the procedures and standards for responding to hazardous substance releases as set forth in the national contingency plan required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Directs (currently, authorizes) the Secretary to establish: (1) criteria for handling hazardous materials; and (2) minimum levels of insurance coverage sufficient to meet injury or damage claims resulting from transportation of such materials. Directs (currently, authorizes) the Secretary to require transporters or shippers of hazardous materials to submit registration statements and to amend such statements as necessary. Requires the Secretary to study and determine the most effective, equitable, and cost-efficient method for imposing a fee on all participants in the registration program to assist States or political subdivisions in developing and conducting enforcement and emergency response programs related to transportation of hazardous materials. Requires a report to the Congress on such study within 12 months of enactment. Authorizes appropriations for FY 1986.
United States · United States Congress · 19 February 1985
Liberty Double-Eagle Bullion Coin Act - Requires the Secretary of the Treasury to mint and issue gold double-eagle coins. Sets forth specifications for and the design of such coins. Makes such coins legal tender. Permits the sale of such coins at a price equal to the cost of minting and issuing such coins plus a surcharge equal to the amount by which the fair market value of gold bullion held by the United States and used in the minting of the coins exceeds the statutory maximum value of any gold certificates outstanding against the bullion. Requires the revenue from such surcharges to be used to reduce the national debt. Authorizes appropriations.
United States · United States Congress · 19 February 1985
Information Dissemination and Research Accountability Act - Establishes in the National Library of Medicine a National Center for Research Accountability to assist in eliminating duplication of effort in Federal research proposals involving live animals. Directs the President to appoint as members of the Center 20 experts in the biomedical information sciences who are currently employed by a Federal agency in a capacity which qualifies them to make determinations as to whether research proposals involving live animals are duplicative of other research efforts. Sets forth provisions for a Director of the Center. Prohibits Federal agencies from carrying out or funding any research proposal involving live animals unless the proposal is submitted to the Center following agency approval. Prohibits Federal funding of any such proposal which the Center determines would duplicate other research completed or in process. Authorizes the Center to contract with private entities to assist in the conduct of comprehensive full-text literature searches. Directs the President to establish rules to preclude any conflict of interest in the awarding of such contracts. Authorizes the President to appoint uncompensated advisors to the Members of the Center. Directs the Center to report annually to the President and the Congress. Provides for modernization of biomedical information storage and dissemination by the National Library of Medicine. Directs the Library to: (1) acquire, in full-text form, all biomedical information owned or available for use by Federal agencies (except information already in the Library or classified for national security reasons); (2) transcribe and store in full-text all such information in its collection, using modern technologies; (3) translate into English all foreign-language biomedical information owned or used by the Library; (4) make available through modern technologies, at cost, to medical libraries all full-text biomedical information in its collection; (5) support, by grants and contracts, the creation of new information for teaching and demonstrations, including audiovisual aids and computer graphics technologies; (6) make available, at cost, such new information to research and teaching institutions; and (7) increase the number of persons trained in modern methods of biomedical information storage and dissemination technologies by making available stipends, awards, and grants to persons engaged in such training. Provides that the cost to those requesting such biomedical or such teaching and demonstration information shall include the Federal expenses incurred in acquiring and making it available. Authorizes the Library to award contracts to the private-sector data recording industry to improve: (1) the development of technologies for storage and dissemination of full-text biomedical information; and (2) dissemination of such information to medical libraries for research use. Authorizes the Secretary of Health and Human Services to appoint uncompensated advisors to the Library for purposes of this Act. Requires the Library to report annually to the Congress on its progress. Authorizes appropriations for FY 1986 and thereafter.
United States · United States Congress · 7 February 1985
Amends the Clayton Act to eliminate the 15-day waiting period (and thus require a 30-day waiting period) following notification of a proposed acquisition in the case of a cash tender offer. Prohibits the Federal Trade Commission or the Assistant Attorney General from prematurely terminating the waiting period in the case of a nonqualifying cash tender offer. Authorizes the Commission or the Assistant Attorney General to extend the waiting period for up to 60 additional days if the acquiring person, upon completing the proposed acquisition, would hold assets or have annual net sales in the United States exceeding $1,000,000,000.
United States · United States Congress · 7 February 1985
Amends the Clayton Act to establish a presumption that an acquisition or use of stock substantially lessens competition or tends to create a monopoly, if such acquisition or use is likely to substantially foreclose the availability of supply sources or distribution outlets for any person in any line of commerce of the acquiring person or of the person whose stock, share capital, or assets are to be acquired. Permits rebuttal of such presumption by evidence that such acquisition or use would create substantial efficiencies that are likely to benefit consumers.
United States · United States Congress · 7 February 1985
Economic Conversion Act - Title I: Prenotification of Base Closures and Defense-Related Contract Cancellations - Directs the Secretary of Defense, through the Economic Adjustment Committee, to notify State and local governments and regional organizations within a specified period of time of a proposed realignment or closure of a military installation or of the cancellation or termination of a defense contract or failure to proceed with an approved major weapon system program. Title II: Economic Conversion Pilot Program - Authorizes the Secretary to make grants for job retraining programs and planning for alternative production required by cancellation of defense contracts during FY 1986 through 1990. Permits one grant for each defense contract cancellation or reduction. Requires the administration of such grants at the local level by a capable unit of general local government or, through default, by the collective bargaining agents of affected employees. Directs the Secretary to make weekly assistance payments to such employees affected by a cancellation or reduction of a contract valued at $10,000,000 or more during FY 1986 through 1990. Sets forth a formula for determining the amount of such assistance, making allowances for unemployment compensation or public assistance received and health insurance coverage needed. Sets forth assistance application procedures and notification requirements. Makes available for such grants the amount of previously appropriated funds which the United States will save as a result of the cancellation or reduction of a defense contract.
United States · United States Congress · 7 February 1985
Extended Unemployment Compensation Act of 1985 - Amends the Federal-State Extended Unemployment Compensation Act of 1970 (the Act), and repeals the Federal Supplemental Compensation Act of 1982, to provide for a consolidated program of extended unemployment compensation to replace the current extended compensation and Federal supplemental compensation programs. Revises the Act to limit the amount of extended compensation payable to an individual to the amount established in an individual's extended compensation account. Increases the limit on the amount established in an individual's extended compensation account. Sets forth the formula for determining the new limit. Limits an individual's eligibility period for extended compensation to the number of weeks equal to the applicable limit for an individual's compensation account. Requires the amount and duration of extended compensation payable under the interstate benefit payment plan to be the same as if the individual were filing the claim in the State which establishes the individual's extended compensation account. Requires that each unemployment benefit duration period shall be a three-month period beginning on the first Sunday of January of each year and the first Sunday of every third month thereafter. Sets forth formulas based upon each State's insured unemployment rate, for determining whether a benefit duration period shall be a seven-percent, six-percent, five-percent, or four-percent period. Requires that a benefit duration period shall be a "low-unemployment period" if the State's adjusted insured unemployment rate for the first week of such benefit duration period and the immediately preceding 12 weeks was less than four percent. Requires a benefit duration period to be a "national high-unemployment period" if the national seasonally adjusted unemployment rate for the first week of such benefit duration period and the immediately preceding 12 weeks equalled or exceeded ten percent. Sets forth an alternate method of determining a benefit duration period based upon the total rate of unemployment. Requires that each State be paid an amount equal to the applicable percentage of the sum of the sharable extended compensation and the sharable regular compensation paid to individuals under State law. Sets forth the applicable percentage for seven-percent, six-percent, five-percent, four-percent, and national high-unemployment periods. Defines sharable regular compensation. Amends title IX (Employment Security) of the Social Security Act to authorize appropriations into the extended unemployment compensation account. Revises the Act to permit the State to modify the requirement that an individual must actively engage in seeking work during each week of unemployment in order to qualify for extended compensation. Permits States to take into account any State determination that labor market conditions in the labor market area in which such individual last worked and in the labor market area in which such individual resides are so depressed that actively seeking work likely will not result in employment. Prohibits payment of extended unemployment compensation to an individual unless the individual participates in an intensive one-week job search program administered by the Employment Service if requested to so participate. Repeals the Federal Supplemental Compensation Act of 1982. Permits States to choose to delay the applicability of the amendments and repeals made by this Act. Sets forth transition provisions for such States. Directs the Secretary of Labor to study and report to the Congress by December 31, 1985, on alternatives to the insured unemployment rate which would be available with respect to all States and which might provide a more accurate measurement of the employment and labor market situation in each State. Directs the Bureau of Labor Statistics to increase by threefold the sample sizes used in determining the total unemployment rate and to give special consideration to increasing the statistical reliability of each State's calculation of its total unemployment rate. Authorizes appropriations for such increased sampling out of the employment security administration account in the Unemployment Trust Fund.
United States · United States Congress · 7 February 1985
Authorizes the Black Revolutionary War Patriots Foundation to establish a memorial on Federal land in the District of Columbia to honor the courageous slaves and free black persons who gave of themselves during the American Revolution. Directs the Secretary of the Interior, with the approval of the Commission of Fine Arts and the National Capital Planning Commission, to select the site, approve the design and plans, and provide for maintenance. Prohibits the use of any Federal funds for the memorial's construction. Terminates the Foundation's authority to establish such memorial within five years from the enactment of this Act.
United States · United States Congress · 7 February 1985
Expresses the sense of the Congress that the President and the Secretary of State should take all diplomatic and legal means possible to achieve worldwide compliance with the International Whaling Commission moratorium on commercial whaling.
United States · United States Congress · 6 February 1985
Prohibits any U.S. person from making or holding any investment in South Africa. Prohibits importing any article grown or produced in South Africa. Prohibits exporting to South Africa goods, technology, or other information subject to U.S. jurisdiction, except for certain medicine and medical supplies. Directs the Secretary of Transportation to prohibit landing rights for South African aircraft, except in emergencies. Prohibits importing gold coins minted in or sold by South Africa. Prohibits tax credits or deductions for any income, war profits, or excess profits taxes paid or accrued to South Africa. Directs the President to provide for enforcement of this Act. Sets forth penalties for violations of this Act.
United States · United States Congress · 6 February 1985
Amends the Internal Revenue Code to extend the targeted jobs income tax credit from 1985 to 1990. Increases the amount of wages which may be taken into account for such credit from $6,000 to $10,000 per year. Revises the definition of "members of economically disadvantaged families" to increase from 70 percent to 80 percent of the Bureau of Labor Statistics' lower living standard the amount of income a family may have in order to qualify as a member of a targeted group.
United States · United States Congress · 6 February 1985
Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to enter into cooperative agreements for the establishment of regional training centers to train State and local personnel to: (1) respond to hazardous materials transportation accidents; and (2) enforce State and local hazardous materials transportation requirements. States that such agreements shall be for terms of three years. Requires any party to an agreement with the Secretary to bear the cost of constructing training facilities. Directs the Secretary to provide, upon request, training materials and other assistance as may be appropriate. Requires parties to agreements with the Secretary, in developing training materials, to consider the procedures and standards for responding to hazardous substance releases as set forth in the national contingency plan required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
United States · United States Congress · 6 February 1985
Amends the Occupational Safety and Health Act of 1970 (OSHA) to permit States to adopt more stringent right-to-know standards than those under OSHA. Permits any State to adopt any requirement (including any labeling requirement) requiring information to be provided to employees concerning hazardous substances to which they may be exposed in the course of their employment if: (1) such State requirement is more stringent than the OSHA standard in effect which relates to the same issue; or (2) there is no OSHA standard in effect relating to such issue. Treats a State requirement as more stringent than the OSHA standard if it: (1) requires more information to be provided to employees; or (2) is otherwise more effective in providing safe and healthful employment and places of employment. Provides for the separability of individual requirements for purposes of determinations under this Act. Requires compliance both with a more stringent State requirement and with the OSHA standard which relates to the same issue. Provides that, where compliance with both standards would be physically impossible, compliance with the OSHA standard shall not be required. Makes the provisions of this Act applicable in all States without regard to whether a State plan has been submitted, approved, or disapproved.
United States · United States Congress · 6 February 1985
Hazardous Air Pollutants Amendments Act of 1985 - Title I - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to classify 36 substances into two categories for purposes of determining whether such substances are hazardous air pollutants as defined under provisions for national emission standards for hazardous air pollutants (NESHAPs). Requires that 26 substances, including methyl isocyanate and each of the 22 substances listed in specified testimony of the Administrator before the Congress, be classified in the first category. Requires that ten additional substances, from among the 37 substances identified to Congress on a specified date by the EPA as being in the assessment phase of the review process, be classified in the second category. Authorizes the Administrator to substitute for a category two substance another substance if the Administrator determines that there is a higher priority for determining whether the substitute is a hazardous air pollutant. Directs the Administrator to commence hazardous air pollutant determination proceedings concerning first category substances within 90 days and second category substances within one year after enactment of this Act. Provides for public and scientific community participation. Directs the Administrator to make a hazardous air pollutant determination for first category substances by January 1, 1986, and for second category substances by January 1, 1987, and to publish a list of such pollutants and all categories of stationary sources which emit such pollutants. Directs the Administrator to promulgate national emission standards for category one stationary sources by January 1, 1988. Requires promulgation of category two stationary sources emission standards by January 1, 1989. States that actions required of the Administrator under this Act are nondiscretionary and enforceable by any person bringing a civil action. Treats a listed substance as a hazardous air pollutant until the Administrator makes a determination if the required determination has not been made by the specified deadline. Directs a court to issue an order requiring a substance classified in the first or second category to be treated as a listed hazardous air pollutant until the Administrator completes further proceedings if the court reviewing a determination of no hazard remands such determination to the Administrator for further proceedings. Directs the Administrator, by January 31, 1987, to commence hazardous air pollutant determination proceedings for each substance which: (1) has been classified, prior to January 31, 1987, by the national toxicology program as a known carcinogen; (2) is an air pollutant; and (3) is not determined among the 36 substances classified in two categories. Requires that such proceedings be completed within one year. Requires annual hazardous air pollutant determination proceedings for each air pollutant which has been classified during the preceding year by the national toxicology program as a carcinogen. Directs the Administrator to publish and periodically revise a list of air pollutants determined to be hazardous, the categories of stationary sources emitting such pollutants, and national emission standards for each category. Permits the most stringent interim emission standards achievable for up to six years where the application of all potential emission reduction measures would not meet the national emissions standard. Requires as a minimum for such standards that level of control which is empirically available or required in a permit. Directs the Administrator to review all emissions standards in effect on December 1, 1984, within four years of this Act's enactment. Authorizes the Administrator to waive through a permit the prohibition against constructing or modifying a stationary source of a listed hazardous pollutant and subject such source to an interim standard. Requires existing stationary sources emitting hazardous air pollutants to obtain from the Administrator a permit requiring compliance with the applicable national standard or an interim standard if achievement of the national standard is not possible using all potential emission reduction measures. Applies the same conditions to interim standards for existing stationary sources as apply to new or modified sources. Sets forth emergency extension of waivers procedures, requiring the source owner or operator to petition the State's Governor who in turn may petition the President after public notice for such extension. Requires notice to the Governor and residents of any other State affected by such waiver. Requires the President to notify the Congress of all extensions granted. Sets forth general permit requirements for sources emitting hazardous air pollutants with respect to: (1) monitoring; (2) hearings; (3) revocation; (4) terms; and (5) fees. Title II: Hazardous Air Pollutants from Motor Vehicles - Establishes a program for controlling motor vehicle hazardous air pollutants. Directs the Administrator to publish and periodically revise a list of such pollutants, including lead, ethylene dibromide, diesel particulates, benzene, and any pollutants already listed under this Act if the Administrator determines they are emitted from motor vehicles or their parts. States that actions required of the Administrator under this title are nondiscretionary and enforceable by any person bringing a civil action within approximately 18 months. Directs the Administrator to prescribe emissions standards for all identified motor vehicle hazardous air pollutants except lead. Permits the promulgation of interim standards, subject to the same conditions applicable to interim standards for stationary sources. Makes emission standards effective with the second model year after the model year during which the standard is prescribed. Establishes minimum emissions standards for diesel particulates broken down by vehicle weight. Directs the Administrator to control or prohibit the manufacture and sale of fuel or fuel additives determined to be hazardous air pollutants. Directs the Administrator to prohibit the use of lead or lead additives in gasoline after December 31, 1986.
United States · United States Congress · 6 February 1985
Chemical Manufacturing Safety Act of 1985 - Amends the Solid Waste Disposal Act to include releases into the air from an underground storage tank. Reduces from 36 to 18 months after the enactment of the Hazardous and Solid Waste Amendments of 1984 (November 8, 1984) the time within which new underground tank performance standards become effective. Reduces from 48 to 24 months after such date the effective date of certain regulations covering underground storage tanks containing regulated substances. Amends the Toxic Substances Control Act to include pesticides within chemical substances under such Act only when the manufacturing and processing is completed and the pesticide is distributed. 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 releasors) 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 the enactment of this Act a comprehensive evacuation and emergency response plan which addresses the health and safety issues applicable to such manufacturer's particular situation. Requires the plan to include designations of the appropriate government officials to be notified, mitigation measures, evacuation routes, notification plans, and evaluation of community support services. Authorizes each Governor to designate emergency response districts within 18 months of the enactment of this Act or the Administrator will do so. Permits each Governor to appoint an Emergency Response Committee per district or the Administrator will be treated as such Committee. Requires such Committees to review the manufacturers' plans, revising them where necessary. Directs the Administrator within 18 months of the enactment of this Act to develop uniform national mandatory labeling requirements for pipes, storage tanks, or containers not otherwise required to be labeled which could reasonably be presumed to release a covered hazardous substance. Requires the label to indicate the appropriate response to a release. Directs the Administrator to designate covered major manufacturers for emergency response purposes within one year of the enactment of this Act. Limits the designation to those whose substances would pose an imminent and substantial danger to health and the environment if released in significant quantities. Includes all persons covered under this Act in lieu of such designations. Includes Federal departments as 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 the 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.
United States · United States Congress · 6 February 1985
Amends the Internal Revenue Code to increase the excise tax on small cigarettes from $8 to $20 per thousand. Increases the excise tax on large cigarettes from $16.80 to $42 per thousand. Repeals the FY 1985 termination date for increases in the excise tax on cigarettes.
United States · United States Congress · 6 February 1985
Requires that funds be made available from appropriations under the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1985 to enable the National Institutes of Health to award 6,500 new and competing research grants in FY 1985.
United States · United States Congress · 6 February 1985
States that the Congress supports the restoration of democratic institutions and human rights in Chile. Calls upon Chile to negotiate with the democratic opposition. Provides that until Chile returns to democracy: (1) U.S. military and economic assistance to Chile should be denied and all joint military activities ceased; (2) the Overseas Private Investment Corporation should not issue additional investment insurance to Chile; and (3) the United States should oppose all loans and grants to Chile by certain international financial institutions unless such assistance is directed to programs which serve the needs of the people.
United States · United States Congress · 4 February 1985
Synthetic Fuels Corporation Fiscal Responsibility Act - Amends the United States Synthetic Fuels Corporation Act of 1980 to terminate the authority of the United States Synthetic Fuels Corporation (the Corporation) to enter into any awards or commitments for financial assistance. Directs the Corporation's Board of Directors to submit a final report to the Congress regarding the status of the Corporation within 60 days after enactment of this Act. Prohibits the Corporation from expending any funds or acting in furtherance of any commitment made after February 5, 1985, unless a joint resolution approving such transaction is enacted. Requires the Secretaries of Energy and of the Treasury and the Administrator of the Environmental Protection Agency to agree on a Memorandum of Understanding which includes a plan for: (1) the abolition of the Corporation; and (2) for the administration of synthetic fuels projects which will continue after the abolition of the Corporation.
United States · United States Congress · 31 January 1985
Voluntary National Youth Service Act - Authorizes the Secretary of Health and Human Services to make grants to eligible States and local governments for youth service projects. Requires the Secretary to designate specified activities as service categories in which project participants may serve. Sets forth criteria for such designations. Sets forth types of positions which such service categories may include. Sets forth grant eligibility requirements for States and local governments, including requirements for plans and matching funds. Requires that specified percentages of poor persons and of unemployed persons participate in such projects. Sets forth requirements relating to the amount of wages, benefits, and subsistence allowances for project participants. Requires the Secretary to distribute such grants among eligible States and local governments on the basis of which ones will best use such funds, as determined on the basis of the plans submitted. Sets forth nondiscrimination provisions. Requires that project participants be not less than 17 and not more than 24 years old. Prohibits any person from serving on such a project for more than a two-year period. Requires participants to agree to serve for at least a six-month period. Prohibits acceptance for project service of any person who does not hold a high school diploma or its equivalent, unless such person has not been enrolled as a high school student during the three-month period before the date of such acceptance. Limits to 15 percent of any such grant the amount which may be used for administrative expenses. Sets forth project grant review and reporting requirements. Directs the Secretary to report annually to the President and the Congress on the activities conducted under this Act. Authorizes appropriations for FY 1986 and succeeding fiscal years.
United States · United States Congress · 31 January 1985
Amends the Housing and Community Development Act of 1974 regarding urban development action grant criteria to require at least one-half of aggregate grant amounts to be made solely on the basis of specified criteria, of which job creation, especially for low-income persons and minorities, shall be given priority. Requires a report to the Congress.
United States · United States Congress · 31 January 1985
Nuclear Explosives Control Act of 1985 - Amends the Nuclear Non-Proliferation Act of 1978 to prohibit the export of any major critical component for, and of any sensitive nuclear technology important to, the enrichment of uranium or other isotopic separation of special nuclear material, nuclear fuel reprocessing, or heavy water production, except under certain international cooperation agreements. Amends the Atomic Energy Act of 1954 to authorize the Secretary of Energy to approve, under an international agreement, the reprocessing, or the use or retransfer of any plutonium resulting from such reprocessing, of any special nuclear material exported from the United States or produced through the use of U.S. exported equipment, materials, or technology, only if: (1) the end use of the reprocessed or retransferred material involves research, development, or demonstration in a facility that is currently operating or that is under construction and is located in a nuclear weapon state or a state which abides by International Atomic Energy Agency (IAEA) safeguards; (2) there are no already existing stocks of separated plutonium reasonably available for the end use requested; (3) in the case of requests for reprocessing, the reprocessing will take place in a facility described in clause (1); and (4) adequate security measures will be maintained. Requires such conditions to continue in effect until the Congress enacts a joint resolution declaring that: (1) effective international safeguards that detect diversions will be applied; and (2) effective international sanctions against violations of nonproliferation commitments have been established to deter diversions. Authorizes the Nuclear Regulatory Commission (NRC) to issue export licenses for highly enriched uranium for nuclear reactors only if: (1) there is no alternative nuclear reactor fuel available; (2) the proposed recipient of the uranium has indicated that it will use an alternative nuclear reactor fuel when one becomes available; and (3) the executive branch is developing an alternative nuclear reactor fuel. Requires the NRC to determine a kilogram limit on the amount of highly enriched uranium of U.S. origin that will be allowed at any one time in each foreign country and at each reactor site in each such country. Directs the President to submit to the Congress within three months of enactment of this Act a plan for the development and use of alternative nuclear reactor fuels for all reactors which are operated with highly enriched uranium exported from the United States. Prohibits the Secretary of Energy from entering into a subsequent arrangement for the retransfer for reprocessing of any special nuclear material exported by the United States or produced through U.S. exports or for the subsequent retransfer of any large amount of plutonium resulting from the reprocessing of such material unless the nation requesting such arrangement agrees that: (1) it will not, without prior U.S. approval, substitute any special nuclear material which is not subject to the Atomic Energy Act of 1954 for any such material subject to the subsequent arrangement; and (2) if such substitution is approved by the United States, the substituted special nuclear material shall be subject to the same requirements as the other material. Amends the Nuclear Non-Proliferation Act of 1978 to require the Secretary of State to enter into international agreements under which the non-U.S. party agrees not to obtain or use any facility for nuclear fuel reprocessing or uranium enrichment and not to seek access to or use separated plutonium or plutonium based fuels and the United States agrees to: (1) provide assured enrichment services at a discount; (2) provide an additional discount to any nation for the enrichment of uranium which such nation agrees to use in improved power reactor fuel; (3) authorize the export of a lifetime supply of low-enriched fuel under a single export license covering all power reactors in such nation subject to specified conditions; and (4) enter into a technical cooperation and assistance program. Directs the Secretary of Energy to submit to the Congress, within three months of enactment of this Act, a plan to implement such fuel assurance and energy assistance program. Authorizes appropriations for such plan development and program. Authorizes appropriations for providing technical assistance to nonnuclear-weapon states in spent fuel storage and disposal pursuant to the Nuclear Waste Policy Act of 1982. Amends the Nuclear Non-Proliferation Act of 1978 to authorize appropriations for energy assistance to developing countries. Directs the NRC and the executive branch to support efforts to improve physical security arrangements for nuclear exports. Authorizes appropriations for such efforts. Directs the President to include in the annual report to Congress on nuclear nonproliferation a description of the progress made in negotiating fuel assurance and technical assistance agreements. Amends the Atomic Energy Act of 1954 to prohibit any person from engaging in the production of special nuclear material unless: (1) there is an agreement for cooperation with the applicable country; and (2) authorized by the Secretary of Energy. Requires such authorization to be published in the Federal Register. Requires information on such authorizations to be included in the President's annual report to Congress on nonproliferation pursuant to the Nuclear Non-Proliferation Act of 1978. Makes authorizations for the production of special nuclear material outside the United States effective with respect to a non-nuclear-weapon state only if the Secretary of Energy determines that such state adheres to the criteria governing U.S. nuclear exports for peaceful uses. Requires the Secretary of Energy to publish and submit to the President any recommendation for such an authorization with respect to a non-nuclear-weapon state which does not adhere to such criteria. Authorizes the Secretary of State and the Secretary of Energy to submit to the President a proposed agreement for nuclear cooperation only if the Secretary of Defense has found that the proposed agreement will not be inimical to U.S. security. Authorizes the Secretary of State to notify the NRC of the judgment of the executive branch with respect to an export license for nuclear material only if the Secretary of Defense agrees with the proposed executive branch judgment. Authorizes the Secretary of Energy to enter into a proposed subsequent arrangement only if the Secretary of Defense: (1) finds that such arrangement will not be inimical to U.S. security; and (2) with respect to reprocessing arrangements, finds that the proposed reprocessing or retransfer will not result in a significant increase of the risk of proliferation. Prohibits the Secretary of Commerce from issuing an export license for the export to a nonnuclear-weapon state of goods or technology which will be used in a nuclear production or utilization facility or which are likely to be used in the design, construction, operation, or maintenance of such a facility unless the Secretary of Energy makes a specified determination. Changes the criteria for permitting the export of certain components for nuclear facilities. Permits such exports if the NRC finds that the issuance of an appropriate export license will not endanger national security and the NRC issues such an export license after finding that the nations to which such components will be exported: (1) has an agreement for cooperation with the United States; (2) adheres to certain IAEA safeguards; and (3) adheres to specified criteria governing U.S. nuclear exports. Prohibits the transfer or retransfer of any source or special nuclear material, any production or utilization facility or related technology, any sensitive nuclear technology, or any component, item, or substance determined to have significance for nuclear explosive purposes unless authorized under an agreement for cooperation. Requires such activities to be considered exports for purposes of licensing requirements and procedures. Adds prohibitions against the issuance of an export license for the export of goods or technology related to a nuclear production or utilization facility and against the authorization of otherwise prohibited nuclear exports with respect to nations that engage in specified conduct. Changes the method by which the Congress may disapprove a presidential waiver of such prohibition.
United States · United States Congress · 31 January 1985
States that the President should: (1) announce to the Soviet Union and other nuclear nations that the United States will suspend testing of nuclear weapons and challenge the Soviet Union to do the same; (2) express to the diplomatic community that U.S. policy is to cease testing such weapons and that such testing will be resumed if the Soviet Union proceeds with further underground testing of such weapons; (3) ensure that upon suspension of U.S. testing the United States will make use of existing technology and equipment to verify that nuclear explosions have ceased; and (4) initiate negotiations for a permanent U.S.-Soviet test ban treaty.
United States · United States Congress · 30 January 1985
Title I: General Accounting Office Investigation and Report - Directs the General Accounting Office to investigate the situation of displaced nationals of El Salvador, including determinations of those Salvadorans in Central America, unlawfully in the United States, or returned from the United States to El Salvador. Requires a report to the Congress. Title II: Congressional Review - Provides that such report shall be referred to the appropriate committees for hearings and committee reports. Title III: Temporary Stay of Deportation - Provides for a temporary stay of detention and deportation for specified Salvadorans presently in the United States.
United States · United States Congress · 30 January 1985
Veterans' Health Programs Extension Act of 1985 - Extends through FY 1988 the Veterans Administration's program for the treatment and rehabilitation of veterans suffering from alcohol or drug abuse dependencies or disabilities in halfway houses and other community-based programs. Requires a report to the Congress by the Administrator concerning such program. Removes the ceiling on the authorization of appropriations for grants to States for veterans' homes. Eliminates the restriction on the percent of appropriations under such grant program which may go to any one State.
United States · United States Congress · 30 January 1985
Authorizes the President, on behalf of the Congress, to present a gold medal to Jan C. Scruggs, founder and president of the Vietnam Veterans Memorial Fund, in recognition of his work on behalf of veterans who served in Vietnam. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 30 January 1985
Amends the Bretton Woods Agreements Act to require the President to instruct the U.S. Executive Director of the International Monetary Fund to vote against any credit drawing on the Fund by any country which practices apartheid.
United States · United States Congress · 30 January 1985
Conrail Privatization Act of 1985 - Cancels all Federal interest in debentures, contingent interest notes and series A and B preferred stock of the Consolidated Rail Corporation (Conrail). Directs the Secretary of Transportation to sell to Conrail (for a specified price) all Conrail common stock shares held by the United States. Requires the cancellation of such shares after the sale. Prohibits the carryforward of investment tax credits or net operating loss deductions for Conrail for any taxable year after December 31, 1985. Directs Conrail to issue new common and preferred stock. Restricts the ownership or control of Conrail voting securities by any one person to ten percent. Requires the Secretary of Transportation to serve on the Conrail Board of Directors. Provides that the Secretary may only vote as a member of the Board on questions of overriding public interest. Grants the Secretary exclusive power to determine which Conrail actions raise questions of overriding public interest. Maintains the geographic location of Conrail headquarters as of the day prior to the stock sale.
United States · United States Congress · 30 January 1985
Expresses the opposition of the House of Representatives to efforts to reduce the availability of housing under the section 202 assistance program operated by the Department of Housing and Urban Development for the elderly and handicapped.
United States · United States Congress · 30 January 1985
Directs the Committee on Foreign Affairs of the House of Representatives to conduct an investigation into the murders of U.S. citizens in El Salvador and report to the House with findings and conclusions.
United States · United States Congress · 28 January 1985
Effective Schools Development in Education Act of 1985 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to promote more effective schools and excellence in education. Authorizes appropriations for FY 1986 through 1990 for such grants program. Allows program grants to be used to: (1) promote State educational agency (SEA) and local educational agency (LEA) awareness of effective schools information through conferences at schools and district and multidistrict offices and through onsite visits to model effective schools; (2) develop and implement systems of data collection, analysis, interpretation, and communication; (3) plan, review, and revise program activities; (4) support related effective schools efforts; (5) obtain technical assistance and consultant services from regional educational laboratories, research and development centers, institutions of higher education, and other nonprofit educational organizations; (6) design, develop, and publish educational materials on effective schools programs; (7) conduct program evaluations; and (8) otherwise identify, document, and disseminate information concerning exemplary effective schools programs. Requires that program grant applications by SEAs or LEAs demonstrate that: (1) the applicant has an effective schools improvement program in effect; (2) grant funds would be used to pay not more than one-half of the cost of any program or activity; (3) grant funds would be supplementary; and (4) independent annual evaluations will be conducted and reported. Directs the Secretary of Education, in selecting grant recipients, to: (1) consider the extent to which grant funds would be used to improve schools in districts with the greatest numbers or percentages of educationally deprived children and the extent to which the applicant's ongoing effective schools program has demonstrated the capacity to improve student achievement or behavior; (2) ensure reasonable geographic distribution of grants; and (3) designate grants as being available for a period of at least one but not more than three years. Sets forth provisions for technical assistance and program evaluation. Requires the Secretary to report to the Congress by September 1, 1987.
United States · United States Congress · 28 January 1985
Directs the Administrator of Veterans Affairs to establish a national cemetery in Merced County, California, on land which is donated by the Romero Ranch Company.
United States · United States Congress · 24 January 1985
Designates the U.S. Post Office Building, Flushing, New York, as the Benjamin S. Rosenthal Post Office Building. Requires the Postmaster General to install an appropriate plaque indicating such designation.
United States · United States Congress · 24 January 1985
Civil Rights Restoration Act of 1985 - Amends the Education Amendments of 1972, the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Civil Rights Act of 1964 to provide a definition of the phrase "program or activity." Defines such term as all of the operations of: (1) a department or agency of a State or of a local government; (2) the entity of such State or local government that distributes Federal assistance and each such department or agency to which the assistance is extended; (3) a university or a system of higher education; (4) a local educational agency or other school system; (5) a corporation, partnership, or other private organization; or (6) any other entity consistent with the coverage provided above.
United States · United States Congress · 24 January 1985
Community Renewal Employment Act - Title I: General Purpose and Authority - Declares that the purpose of this Act is to provide employment opportunities to long-term unemployed individuals in high unemployment areas through payments for labor and related costs associated with the repair, maintenance, or rehabilitation of essential community and educational facilities and with public safety, health, social service, and other activities related to the public welfare. Makes individuals aged 16 or older eligible to participate in such program only if they are unemployed at the time of eligibility determination and for at least 15 of the 20 weeks prior to such determination, with specified exceptions. Limits wages for eligible individuals to 52 weeks in a two-year period. Requires that priority be given to those who have exhausted or are otherwise not eligible for unemployment insurance benefits, particularly: (1) those who have been unemployed for the longest periods immediately preceding selection; and (2) those residing in families in which no other member is employed on a full-time basis. Requires that special consideration in selecting participants for employment under this Act in employment counseling and other services for veterans should be given to veterans who otherwise meet participant eligibility requirements. Allows, upon certain determinations, up to ten percent of eligible participants selected by a recipient for subsidized employment from funds under this Act to be individuals unemployed for less than 15 weeks. Makes the State employment service agency, in certifying eligible participants and in referring them for employment under title II or III, responsible for ensuring equal employment opportunities and the full participation of traditionally underrepresented groups. Makes each recipient of funds under title II or III responsible for ensuring such opportunities and such participation in the selection of eligible participants for such employment. Requires that not less than 75 percent of title II and III funds be used to provide wages and employment benefits to eligible participants for work which the recipient certifies has been performed in one or more authorized activities. Permits up to 15 percent of funds provided to a title II or III recipient to be used for the cost of administration and up to ten percent for the acquisition of supplies, tools, equipment, and other materials. Permits payment of such costs from non-Federal sources or Federal sources other than this Act. Requires recipients, to the extent feasible, to ensure that supplies, tools, equipment, or other materials purchased or procured have been manufactured, mined, or produced in the United States. Permits title II funds to be used for costs associated with training and related support for a number of participants, if: (1) employers are committed to fill an equal number of unsubsidized jobs with participants who have successfully completed such training; (2) the recipient has an agreement with a qualified public or private nonprofit provider of such training services; and (3) costs of training and support do not exceed, on a weekly basis, the maximum wage payable with funds under this Act. Limits the rate of salaries or wages paid to administrative or supervisory employees from funds available for administrative costs. Establishes a career preparation demonstration program. Authorizes appropriations for FY 1986 through 1989 for such program. Directs the Secretary of Labor, using the Office of the Job Corps, to establish in each of the Federal regions four career preparation demonstration centers (equitably distributed between rural and urban areas) for combined written, audiovisual, and computer-based materials within the basic instructional format developed by the Job Corps to train eligible participants. Imposes certain requirements on such Centers. Provides that up to five of the Centers shall be designated high technology training centers for training combined with subsidized internship in the private sector for career preparation in high technology occupations including robotics, health technology, and computer operations. Limits payments for weekly costs of such subsidized internship to the maximum wage payable with funds under this Act. Title II: Community Renewal Employment Programs - Part A: Community Improvement Projects - Sets forth provisions for employment activities in community improvement projects. Requires that eligible participants be employed in community improvement projects, in one or more listed activities involving: (1) public facilities repair, rehabilitation, or improvement; (2) public lands conservation, rehabilitation, or improvement; or (3) public safety, health, social service, and other activities necessary to the public welfare. Provides that, for purposes of community improvement projects provisions, "project" means a definable task or group of related tasks which: (1) will be carried out by a government department, public agency, private nonprofit organization, or private contractor; (2) will be completed within 18 months; (3) is an authorized activity; (4) will result in a specific product or accomplishment; and (5) would not otherwise be conducted with existing funds. Permits projects which are to be carried out under provisions for public lands conservation, rehabilitation, and improvement to involve lands other than public or Indian lands only when such projects will provide a documented public benefit and when the recipient will be reimbursed for that portion of the total costs of the project which does not provide a public benefit. Makes eligible entities under title II: (1) States; (2) local governments with populations of 50,000 or more; (3) consortia of local governments; (4) existing concentrated employment program grantees serving rural areas under the Job Training Partnership Act; and (5) Native American Indian, Alaska Native, and Oklahoma Indian groups. Provides that States shall qualify as an eligible entity to serve any area of the State: (1) not under the jurisdiction of any other eligible entity; or (2) for which no eligible entity has filed a statement on the use of funds within 30 days of allotment of funds. Provides that larger units of local government shall not qualify as the eligible entity to serve any smaller unit which is, or is part of, an eligible entity which has filed a statement on use of funds. Sets forth provisions for allotment of title II funds (exclusive of the amount available for part C). Directs the Secretary to reserve two percent of such funds for allotment among Native American eligible entities. Directs the Secretary to allot the remainder among eligible entities on the basis of relative numbers of certain categories of unemployed residents of each eligible entity. Directs the Governor to use the same formula in making available amounts to each jurisdiction within the area for which the State is an eligible entity (but requires that no amount less than $25,000 be made available to any such jurisdiction and that any unallocated amounts be reallocated among other jurisdictions which meet the $25,000 minimum requirement). Sets forth requirements for receipt of an allotment by an eligible entity. Requires eligible entities within 30 days of receipt of notice, to submit statements which: (1) designate a fiscal agent for receipt of payments; (2) agree to use funds in accordance with this Act; and (3) agree to provide quarterly reports on such use. Directs the Secretary, within 30 days after the final day for submission of such statements, to make a final allotment. Sets forth a formula for determining a required minimum allotment to any State which is the single eligible entity for such State. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by the eligible entities. Prohibits the Secretary from withholding, suspending, or terminating the payment of any installment of an allotment except in accordance with provisions for sanctions under this Act. Sets forth requirements relating to project design. Requires eligible entities to give priority to projects on the basis of: (1) unemployment severity and duration with localities in its area; (2) the degree to which projects will lead to expansion of unsubsidized private employment opportunities; and (3) the level of need for activities and services to be provided. Requires, to the extent feasible, coordination of employment opportunities established with title II funds with other specified Federal, State, and local activities. Part B: Community Improvement Activities for Youth Trainees - Sets forth provisions for youth trainee activities. Requires that at least 20 percent of the funds available to an eligible entity from its Part A allotment for community improvement projects shall be used for eligible youth wages and benefits for part-time employment up to 32 hours per week. Allows such employment to be: (1) in any authorized employment activity in community improvement projects; or (2) at a worksite operated by a public or private nonprofit agency or organization or by an employer organized for profit. Requires that such employment be provided in a manner which requires, and is consistent with, the youth's enrollment for at least eight hours a week in: (1) high school; (2) a high school equivalency program; or (3) a program of skill training or basic skill or employability development, including a career preparation demonstration program. Permits funds for youth trainee activities to be used in activities which also receive funds under other Federal, State, local, public, or private education or training programs. Makes eligible for youth trainee activities any youth aged 16 through 19 who is certified to be currently unemployed by the State employment service agency. Requires eligible entities, in selecting such participants, to give priority to economically disadvantaged individuals and to serve eligible school dropouts, among such individuals, on an equitable basis. Part C: State Job Programs - Sets forth provisions for financial assistance for State job programs. Reserves five percent of title II funds for each fiscal year for purposes of this part. Allots such funds for this part among the States, in accordance with specified provisions, on the basis of relative numbers of residents who have been unemployed for 15 or more weeks. Requires that such State allotments be used for employment of eligible participants under this Act through: (1) State-administered programs and activities authorized under community improvement project provisions, such as State parks, forests, and conservation programs, State hospitals and other health care facilities, State correctional institutions and programs, and State-administered social service programs; (2) special assistance (in conjunction, as appropriate, with eligible entities under title II) for areas which have experienced sudden or severe economic dislocations, including large-scale losses of jobs caused by the closing of facilities or mass layoffs; (3) State-directed emergency aid programs to cope with natural disasters, including erosion, flood, drought, and storm damage assistance and control activities; and (4) special assistance to seasonal farmworkers and small farmers in rural, agricultural areas which have experienced substantial losses of jobs due to the rising numbers of farm mortgage foreclosures and other severe economic disruption (in conjunction, as appropriate, with eligible entities under title II or with related programs under the Job Training Partnership Act). Directs States to give special consideration to establishing programs and activities which will provide job sites: (1) within areas in the State in which the unemployment rate equals or exceeds the national average; or (2) if there are no such areas, within areas in which the unemployment rate equals or exceeds the State average. Directs States to evaluate projects on the basis of severity and duration of unemployment within localities and the level of need for activities and services to be provided. Requires States, within 30 days after receiving notice of such allotment, to submit statements of agreement to use such funds in accordance with this Act and to provide quarterly reports. Directs the Secretary, within 30 days after the final day for such submissions, to make a final allotment. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by the States. Prohibits the Secretary from withholding, suspending, or terminating the payment of any installment of an allotment except in accordance with provisions for sanctions under this Act. Title III: Educational Facility Repair and Renovation Employment Activities - Part A: Elementary and Secondary School Facility Improvement Jobs - Sets forth provisions for school facility repair and renovation projects. Requires that funds made available to any local educational agency (LEA) under this part be used for projects and activities (in accordance with the limitation on the use of funds under title I) to employ eligible participants (qualifying under title I provisions) in the repair, renovation, or rehabilitation of public school facilities. Requires that, to the maximum extent feasible, funds under this part be used for projects and activities for which on-site labor can begin within 90 days of receipt of such funds. Requires that such funds be used in accordance with State and local procedures for: (1) assisting SEAs and LEAs to conform their public school facilities with specified requirements under the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973, and with requirements of any government environmental protection or health and safety programs; (2) public school facilities repair, renovation, or rehabilitation; (3) conversion of presently unused structures into adult training centers; (4) energy efficiency remodeling or renovation; and (5) asbestos detection, removal, or containment in facilities used by students. Requires that funds under this part which are made available to the Secretary of the Interior shall be made available to Indian tribal schools, upon applications containing specified information. Directs the Secretary of the Interior, within 120 days after enactment of this Act, to promulgate regulations for such grants program, including priorities for such program. Declares that the Department of the Interior shall be considered a State education agency (SEA) for purposes of requirements for receipt of allotments under this part. Provides that nothing in this Act shall be construed to relieve the Secretary of the Interior of the responsibility to provide adequate and equitable funding under the Snyder Act for the operations and maintenance of Indian tribal school facilities. Directs the Secretary of Education (the Secretary for purposes of this title) to make the allotment of funds for this part from 75 percent of the funds available for this title. Directs the Secretary to allot, from funds for this part: (1) one-half of one percent to specified U.S. territories and possessions in accordance with their respective needs; and (2) one-half of one percent to the Secretary of the Interior for grants to Indian tribal schools. Directs the Secretary to allot the remainder among the States on the basis of relative: (1) number of unemployed individuals; (2) number of unemployed individuals in each county in excess of six and one-half percent of the civilian labor force; (3) number of unemployed individuals in each county in excess of the national average unemployment rate; and (4) amount of basic grant funds received under chapter 1 of the Educational Consolidation and Improvement Act of 1981 (ECIA). Prohibits any SEA from reserving more than one percent of the State allotment for administrative costs and four percent to meet special needs. Directs the SEA to allocate the remainder: (1) among the counties on the same basis used for State allotments; and (2) within each county on the basis used by that State in distributing funds under chapter 1 of ECIA. Sets forth requirements for receipt of allotment. Requires SEAs to submit, within 30 days after receiving notice of such allotment, a statement of agreement to use such funds in accordance with this Act and to provide quarterly reports. Directs the Secretary, within 30 days after the final day for such submissions, to make a final allotment. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by SEAs. Prohibits the Secretary from withholding, suspending, or terminating payment of any allotment installment except in accordance with sanctions provisions of this Act. Part B: Higher Education Facility Improvement Jobs - Sets forth provisions for academic facility repair and renovation projects. Requires that funds made available to any institution of higher education under this part be used for projects and activities (in accordance with title I limitation of funds provisions) to employ eligible participants (qualifying under title I provisions) in repair, renovation, or rehabilitation of academic facilities. Requires that, to the maximum extent feasible, funds under this part be used for projects and activities for which on-site labor can begin within 120 days of receipt of such funds. Requires that funds allotted to each State under this part be made available, in accordance with its State plan under the Higher Education Act of 1965, through the higher education building agency to assist institutions of higher education in the repair, renovation, and rehabilitation of academic facilities and libraries if the primary purpose of such assistance is to enable such institutions to: (1) economize on the use of energy resources, with a priority for the use of coal, solar, and renewable resources; (2) conform their academic facilities and libraries with specified requirements under the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973, and with requirements of government environmental protection or health and safety programs; (3) renovate research facilities and postsecondary technician training facilities; and (4) detect, remove, or contain asbestos hazards in facilities used by students. Sets forth requirements for receipt of allotment. Requires States to submit, within 30 days after receiving notice of such allotment, statements: (1) designating a fiscal agent for receipt of allotment payments; and (2) agreeing to use such funds in accordance with this Act and to provide quarterly reports. Directs the Secretary, within 30 days after the final day for such submissions, to make a final allotment. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by the States. Prohibits the Secretary from withholding, suspending, or terminating payment of any allotment installment except in accordance with sanctions provisions of this Act. Part C: Special Definitions for Title III - Sets forth special definitions for purposes of this title. Title IV: State Employment Service Responsibilities - Authorizes appropriations for FY 1983 and succeeding fiscal years to enable the United States Employment Service (USES) to provide funds to State employment service agencies to provide the following services in accordance with agreements with recipients under titles II and III: (1) certification of eligible participants in accordance with title I provisions, and their referral to available job openings; and (2) labor market information and job search services, including counseling, to assist participants in finding regular unsubsidized employment as soon as possible, with special emphasis on services for those approaching the maximum duration for participants under this Act. Sets forth provisions for State job bank systems. Authorizes appropriations for FY 1986 through 1989, to be made available by USES for development and implementation of job bank systems in each State, designed to use computerized electronic data processing and telecommunications systems for certain purposes. Requires, where possible, that such systems be able to use software compatible with other systems (including management information, unemployment insurance, and other income maintenance programs) used in employment and training administration. Requires that, in the development of such systems, special consideration be given to the advice and recommendations of the State occupational information coordinating committees and other users of such systems. Title V: General Provisions - Sets forth general requirements relating to employment and projects under this Act. Sets forth nondiscrimination provisions. Prohibits projects involving construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or religious worship. Requires that funds under this Act be used only for activities which are in addition to those which would be available in the area in the absence of such funds. Prohibits providing funds for subsidized employment under this Act to private organizations to conduct activities customarily performed by public employees in the area. Limits participation in title II or III activities to residents of the area of the recipients. Prohibits the employment, in a subsidized wage position under this Act, of individuals who have voluntarily terminated without good cause, within the preceding six months, full-time employment at or exceeding the Federal minimum wage. Prohibits the funding of any program involving political activities. Requires that participants in subsidized employment under this Act be paid at least the highest of the Federal, State, or local minimum wage, or the prevailing rate of pay for employment in similar occupations by the same employer. Limits the portion of any wages paid from funds under this Act to $230 per week. Adjusts such maximum annually according to national aggregate wage and salary increases. Permits such wages to be supplemented by other sources, up to an amount equal to 50 percent of such maximum. Requires that participants be allowed sufficient time off from work activities to participate effectively in job search activities. Permits funds under this Act to be used to employ individuals in part-time, flexible-time, and work-sharing employment customarily offered by the employer, if such individuals receive benefits customarily provided with such employment by the same employer. Requires programs under this Act to maintain an individual work record for each participant. Requires that any funds appropriated for this Act which are allotted for any fiscal year be available for expenditure by the recipient during a one-year period beginning on the date of payment. Prohibits revocation or cancellation of any part of any allotment as long as such funds are expended within such period. Directs the Secretary (of Labor or Education, as appropriate) to reallot any funds not expended during such period among other eligible recipients. Directs the Secretary to insure that each individual participating in any program established under this Act, or receiving any assistance or benefit under this Act, has not violated specified provisions of the Military Selective Service Act by not presenting and submitting to registration. Directs the Director of the Selective Service System to cooperate with the Secretary in carrying out this requirement. Makes regulations promulgated by the Secretary under specified provisions of the Comprehensive Employment and Training Act as in effect on April 1, 1981, applicable to funds provided under this Act for the purposes of assuring against program abuses. Sets forth program labor standards relating to conditions of employment and training, health and safety standards, workers' compensation benefits, and job benefits and working conditions. Prohibits the use of funds under this Act for contributions on behalf of any participant to retirement systems or plans. Prohibits displacement of any currently employed worker by participants in programs funded under this Act. Prohibits such programs from impairing existing contracts for services or collective bargaining agreements. Requires the written concurrence of the labor organization and the employer concerned before any such program which would be inconsistent with the terms of a collective bargaining agreement may be undertaken. Prohibits program participants from being employed or job openings from being filled when: (1) any other individual is on layoff from the same or any substantially equivalent job; or (2) the employer terminates the employment of any regular unsubsidized employee in the same or any substantially equivalent job or otherwise reduces the number of regular unsubsidized employees in such jobs. Prohibits the employment of, or the filling of a job opening by, any participant whose wages are subsidized under this Act in any "government" (meaning a State or local government, public agency, or local educational agency) department having 25 or more regular unsubsidized employees, unless the number of such employees currently employed is at least equal to a number determined according to a specified formula. Prohibits the creation of jobs in a promotional line that will infringe in any way on the promotional opportunities of currently employed individuals. Requires that quarterly reports submitted under specified provisions of this Act: (1) be transmitted by the recipient to any labor organization representing government employees who are engaged in work similar to that performed by employees whose wages are subsidized under this Act; (2) set forth specified information relating to numbers of unsubsidized and subsidized employees of government departments in which subsidized employment is provided under this Act; and (3) include a statement identifying and explaining job reductions in any department where there has been a decline of unsubsidized employees above a specified amount over a certain period. Sets forth procedures for review of complaints by employees or labor organizations concerning violations of this Act by governments employing subsidized employees. Requires repayment of any funds under this Act expended in such violations. Requires recipients of funds under this Act to provide the Secretary with assurances that none of such funds will be used to assist, promote, or deter union organizing. Requires that an opportunity for comment be provided for any labor organization representing a substantial number of employees engaged in similar work or training in the same areas as that proposed to be funded under this Act. Applies the wage rate requirements of the Davis-Bacon Act to all laborers and mechanics employed by contractors or subcontractors in works federally assisted under this Act. Provides that such rates are not required to be paid to participants under this Act unless they are employed in connection with projects funded by this Act in whole or in part, exclusive of wages and benefits, or projects covered by any other statute requiring the payment of such Davis-Bacon Act wage rates. Sets forth provisions for fiscal controls and sanctions under this Act. Sets forth provisions for judicial review of any corrective action or sanction imposed under this Act. Authorizes appropriations to provide opportunities for unemployed individuals under this Act. Authorizes such appropriations in a specified amount for FY 1986. Limits the authorization of such appropriations in each succeeding fiscal year to an amount equal to the product of $10,000 multiplied by 20 percent of the number of "long-term unemployed individuals" (i.e. the average number of individuals in the civilian labor force who, in the first three months of the fiscal year for which the appropriation is to be made, had been unemployed for 15 or more weeks as determined by the Bureau of Labor Statistics on a seasonally adjusted basis). Provides that, if the national average rate of unemployment in the civilian labor force is less than ten percent in the first three months of the calendar year in which begins the fiscal year for which such an appropriation is to be made, the "20 percent" in such formula shall be decreased by five percentage points for each full percentage point by which such national average rate of unemployment is less than ten percent. Provides that, for any fiscal year, 80 percent of such appropriations shall be available for purposes of title II (Community Renewal Employment Programs) and 20 percent shall be available for title III (Educational Facility Repair and Renovation Employment Activities).
United States · United States Congress · 24 January 1985
Youth Incentive Employment Act - Establishes a program to provide part-time school year employment and full-time (or part-time with training) summer employment to economically disadvantaged youths who pursue further education and training. Provides that an individual may qualify to be an eligible youth for program participation purposes if such individual: (1) is 16 to 19 years of age, inclusive, at the time of assignment to a worksite; (2) is economically disadvantaged; (3) is not employed; (4) resides in the service delivery area (SDA) of the administering entity; and (5) has entered into a commitment to pursue further education and training. Requires such individuals to sign a written commitment to: (1) attend either a secondary school for a diploma, an alternative education program for a high school equivalency certificate, a remedial education program, or a skill training program; and (2) meet attendance and performance standards of such school or program and at the worksite to which the individual is referred for employment under this Act. Gives priority for selection under youth incentive plans to eligible youths who are educationally at risk. Terminates an individual's status as an eligible youth upon a finding by the administering entity, after an opportunity for a hearing, that the individual has failed to comply with the commitment. Requires that funds provided under this Act be used to establish and assist programs which assist eligible youth with qualifying employment in the form of: (1) part-time employment during the regular school year, not to exceed 80 hours per month; (2) part-time employment, during the months between regular school years, which is combined with remediation, classroom instruction, or on-the-job or apprenticeship training; and (3) full-time employment for a period of at least eight weeks during the months between regular school years, not to exceed 40 hours per week. Permits funds provided under this Act to be used to pay up to the following percentages of the wages and benefits and the costs of any employer-provided instruction and training of an eligible youth: (1) 100 percent during the first six months of qualifying employment; and (2) 75 percent during any succeeding months of such qualifying employment. Prohibits the use of funds provided under this Act to pay any portion of the wages and benefits of any individual: (1) for full-time employment during the months between the regular school year with a for-profit institution or organization unless such employment is a continuation of employment with that employer during the regular school year; or (2) if the employer has failed to develop or enforce attendance and performance standards consistent with youth incentive plan provisions. Sets forth general requirements for receipt and restrictions on the use of funds under this Act. Provides that the administering entity for any SDA under this Act is the same entity selected to administer the job training plan for that SDA pursuant to the Job Training Partnership Act (JTPA). Requires administering entities to: (1) develop and submit to the Secretary of Labor (the Secretary) a youth incentive employment plan; and (2) provide from other Federal or State sources, or from local public or private sources, at least 20 percent of program costs for each program year, in cash or in kind. Requires that, of the funds provided to an administering entity for any program year under this Act: (1) at least 70 percent be expended for wages and benefits for qualifying employment, and child care, transportation, or other supportive service expenses for individuals engaged in such employment; (2) not more than 15 percent be expended for provision of basic education services, and of that amount not more than 15 percent be expended for the performance of specified functions. Sets forth requirements relating to youth incentive plans. Requires such plans to contain specified provisions, including: (1) a description of the specific outreach services and programs that will be established to ensure participation in qualifying employment by eligible youths who are school dropouts, as well as by in school youths; (2) assurances that special efforts will be made to recruit youth from families receiving public assistance, including parents of dependent children who meet the age requirement of this Act; and (3) a description of any arrangements made with labor organizations to enable youths to enter into apprenticeship training as part of employment provided under this Act. Requires that such plans, before they are submitted to the Secretary, be: (1) approved by the appropriate chief elected officials and the private industry council for the SDA; and (2) submitted for review and comment to the Governor and the State job training coordinating council, with any comments of the Governor and the council and any reasons for nonconformance with the Governor's and the council's suggestions, as well as a statement that the Governor has reviewed the plan for consistency with the Governor's coordination and special services plan under JTPA. Directs the Secretary, for each of the program years beginning on July 1, 1986, 1987, and 1988, to select a representative sample of SDAs and direct such SDAs to include in their youth incentive plans a description of a performance bonus system to reward those students who show continued improvement in their academic performance. Directs the Secretary to: (1) approve any plan submitted in compliance with the requirements of this Act; and (2) only disapprove a plan after notice and opportunity for a hearing to the administering entity. Requires that specified funds under this Act be used to develop and carry out programs for improving the basic education skills of eligible youth participating in employment and training programs under this Act. Sets forth requirements relating to such basic education services. Provides that no funds shall be awarded to fund such an education program for more than two years unless there is: (1) improved performance on a State or locally approved test of basic academic skills by youth who are enrolled in employment programs under this Act; or (2) a decrease in the drop-out rate of students enrolled in such programs. Sets forth special conditions relating to activities using funds under this Act. Requires certain wage rates under this Act. Authorizes the Secretary to prescribe wage rates for youth participants for projects financed with under $5,000 to which Davis-Bacon Act provisions would otherwise apply. Authorizes appropriations for FY 1986 and succeeding fiscal years for allocation to administering entities for programs under this Act. Directs the Secretary to reserve a specified amount of such appropriations for allotment among Native American eligible entities, on an equitable basis, taking into account the extent to which regular employment opportunities have been lacking for long-term periods among individuals within the jurisdiction of such entities. Requires that the remainder be allocated among administering entities with an approved youth incentive plan on the basis of numbers in each SDA of: (1) economically disadvantaged youth; (2) unemployed residents; and (3) excess unemployed residents (i.e. those in excess of six and one-half percent of the civilian labor force in the SDA). Directs the Secretary to: (1) also reserve one-half of one percent of such appropriations for any fiscal year for evaluation of programs under this Act; and (2) use 60 percent of such reserved funds for general evaluation of programs and 40 percent for an in-depth study by the National Institute of Education of activities and programs designed to serve drop-out youth under this Act. Requires that such allocations to an administering entity for an SDA be paid to the JTPA grant recipient for that SDA. Provides for a program year basis for funding beginning with FY 1987. Makes FY 1986 appropriations available both to funds activities for the period between October 1, 1985, and July 1, 1986, and for the program year beginning July 1, 1986. Authorizes additional appropriations for the transition to program year funding. Makes specified administrative and enforcement provisions of JTPA applicable to programs under this Act. Requires the administering entity to make quarterly reports to the Secretary on the youth incentive projects authorized under this Act. Requires such reports to include specified topics. Directs the Secretary to compile such reports and submit a summary of the findings to the Congress in the annual report for employment and training programs required under JTPA.
United States · United States Congress · 24 January 1985
Fair Employment in Congress Act - Amends the Civil Rights Act of 1964 and the Equal Employment Opportunity Act of 1972 to extend to all units of the legislative branch of the Government the prohibition against discrimination in employment which now applies only to those units of the legislative branch having positions in the competitive civil service. Amends the Civil Service Reform Act of 1978 to include any unit of the legislative branch as an agency subject to provisions governing labor management relations in Government. Extends the coverage of the Fair Labor Standards Act to the employees of any unit of the legislative branch of the Government whether a unit has positions in the competitive civil service or not. Includes the legislative branch of the Government within the definition of the term "employer" in the Occupational Safety and Health Act of 1970 and the Age Discrimination in Employment Act of 1967.
United States · United States Congress · 24 January 1985
Encourages the President's efforts to achieve deep cuts in the amounts of nuclear weapons held by each nation and to establish an enduring peace. Declares that the Congress would welcome an international agreement based on specified principles providing for: (1) the staged, proportional disarmament of all nations until nonthreatening force levels are reached under effective international inspection and control; and (2) concurrent agreements (in accordance with specified principles) providing methods for the peaceful settlement of international disputes, for effective compliance during the staged disarmament process, and for effective enforcement as nonthreatening force levels are approached. Urges the President to initiate: (1) renewed consideration of the "Joint Statement of Agreed Principles for Disarmament Negotiations" ("Joint Statement") by appropriate U.S. agencies; and (2) joint United States and Soviet reconsideration of such "Joint Statement." Requests the President to: (1) transmit copies of this resolution to the heads of government of all nations and to invite them to participate in negotiations on such an international agreement; and (2) report to the Congress on the steps taken respecting this resolution and the responses received and on the U.S. reassessment of the "Joint Statement."
United States · United States Congress · 22 January 1985
Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies for Veterans Administration (VA) adjudication purposes the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Requires the chairman of the Board of Veterans' Appeals to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees in successful veterans' claims brought before a court as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 22 January 1985
Antibiotic Protection Act of 1985 - Prohibits: (1) any antibiotic drug certified for human use from being added in sub-therapeutic doses to animal feed or to feed ingredients; and (2) antibiotic drugs or agents not certified for human use from being so used in animal feed unless such drugs have been demonstrated not to increase antibiotic-resistant bacteria in humans or animals.
United States · United States Congress · 22 January 1985
Expresses the sense of the Congress that the Federal Home Loan Bank Board should delay until June 30, 1985, the effective date of its proposed regulations regarding limitations on direct investment in real estate, service corporations, and equity securities by federally insured savings and loan associations. Directs the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance, and Urban Affairs of the House of Representatives to examine alternatives to the proposed regulations which will ensure safety and sound investment activities.
![Official portrait of Rep. Edwards, Don [D-CA-10]](https://www.congress.gov/img/member/e000064_200.jpg)