United States · United States Congress · 3 April 1985
Oil and Gas Leasing Reform Act of 1985 - Amends the Mineral Leasing Act to revise provisions relating to the authority of the Secretary of the Interior to lease oil and gas lands. Authorizes the Secretary of the Interior to lease to the highest responsible qualified bidder, by competitive bidding, any lands subject to disposition under the Act which may contain oil or gas deposits. Provides that a lease shall: (1) be for an initial period of five years and as long thereafter as gas or oil is produced from the leased area in compliance with the diligence standards; (2) entitle the lessee to explore, develop, and produce oil and gas, conditioned upon compliance with diligence standards; and (3) be conditioned upon an annual rental payment of at least $2.00 per acre. Requires a minimum royalty of $4.00 per acre in lieu of rental at the expiration of each lease year. Requires any lessee conducting exploration, development, or production of oil or gas to provide the Secretary access to all data and information obtained from such activity which the Secretary may request.
United States · United States Congress · 3 April 1985
Children's Justice Reform Act - Amends the Child Abuse Amendments of 1984 to authorize a Children's Justice Grant Program. Authorizes the Secretary of Health and Human Services to make additional grants to States under specified provisions of the Child Abuse Prevention and Treatment Act for identification, treatment, and prevention of sexual abuse. Makes a State eligible for such assistance if the Secretary determines that the State, within one year after the enactment of this Act, has enacted specified legal and administrative changes with respect to the investigation and prosecution of child sexual abuse cases. Requires a State, to be eligible for such assistance, to have in effect a child sexual abuse program which includes at least one statute or administrative procedure to carry out the following categories of reforms: (1) handling such cases so as to reduce the trauma to the child victim; (2) improving the chances of successful prosecution or legal action against child molesters; and (3) improving procedures to protect children from sexual abuse. Directs the Secretary to issue necessary regulations for such assistance program. Authorizes appropriations for FY 1986 and 1987.
United States · United States Congress · 3 April 1985
Trade Law Modernization Act of 1985 - Title I: National Trade Policy and Negotiating Objectives; Negotiation Authority - Sets forth national trade policy objectives that shall guide U.S. trade policy and domestic economic policy. Directs the Administering Authority (the U.S. Trade Representative) to submit by March 1 of each year to specified congressional committees a statement of the actions the Administering Authority proposes to take during such year to achieve such objectives. Requires the committees to hold hearings on such proposals and to advise the Administering Authority on such proposals. Declares that U.S. objectives in any trade negotiations shall be: (1) to obtain more open and equitable market access abroad for U.S. products and services, the reduction and elimination of the adverse effects of certain foreign trade practices, and improved effectiveness of the rules governing international trade; (2) to develop internationally accepted rules which meet certain needs; and (3) to promote international cooperation in trade and monetary policies. Directs the Administering Authority to seek to obtain fair and equitable market opportunities through consultations on negotiations with foreign countries or instrumentalities in order to remedy the harmful efforts on U.S. trade of discriminatory procurement practices and regulatory requirements of such countries or instrumentalities. Authorizes the Administering Authority to: (1) suspend or withdraw benefits under any trade agreement with such countries or instrumentalities; (2) direct customs officers to impose import restrictions on the goods of such countries or instrumentalities and to impose fees or restrictions on the services of such countries or instrumentalities; (3) make available analysis and information to other U.S. agencies and courts for the purpose of ensuring consideration by such agencies and courts of the competitive impact of pending administrative or judicial decisions of such agencies or courts that could significantly enlarge the access of foreign products and services to the U.S. market; and (4) recommend action to the President with respect to service sector access authorization (a Federal authorization that gives a foreign supplier of services access to U.S. markets). Directs the Administering Authority, if there is a significant denial of market opportunities in a foreign country for U.S. products and services in an economic sector where the United States has increased market opportunities for such country's products and services, to: (1) act to obtain fair and equitable market opportunities in the markets of such foreign country; and (2) pending achievement of such opportunities, impose equivalent conditions of market access. Authorizes action to be taken under this Act upon motion of the Administering Authority or after investigation upon the filing of a petition. Title II: Transfer of Authority to Administering Authority; Amendments to Title I of Trade Act of 1974 - Amends the Trade Act of 1974 to transfer from the President to the Administering Authority the authority to: (1) take action in cases of market disruption; and (2) extend tariff preferences under the Generalized System of Preferences. Amends the Tariff Act of 1930 to transfer from the President to the Administering Authority the authority to make the final review of actions to prevent unfair practices in the importation of articles into the United States. Amends the Trade Act of 1974 to direct the Secretary of Commerce to establish a program to evaluate the industrial and trade policies of other countries and the effects of such policies on U.S. industries, trade, and employment. Requires the Secretary to report to the Congress annually on such program. Directs the Secretary in conjunction with the U.S. Trade Representative, to establish special industry sector advisory panels to assess the actual or potential dislocation, challenge, or opportunity for the industry sectors involved and to formulate recommendations for responses by business, government, and labor. Requires the industry and labor advisory committees established by the Trade Act of 1974 to hold joint meetings at the call of the respective committee chairs and to meet at the call of the Administering Authority before and during trade negotiations to provide policy and technical advice and advice on any other factors relevant to U.S. positions in such trade negotiations. Authorizes the President to impose a temporary import surcharge at a level which the President determines to be necessary to assist in restoring equilibrium in the balance of payments in certain circumstances. (Currently such surcharge may not exceed 15 percent.) Limits the duration of such surcharge or limits imposed on imports to improve the balance of payments to one year. (Currently such measures may be imposed for only 150 days.) Deletes certain restrictions on imposing import limitations for such purposes. Authorizes one year extensions of such measures. Title III: Relief from Injury Caused by Import Competition - Transfers from the President to the Administering Authority the authority to take certain actions following import relief investigations by the International Trade Commission (ITC). Authorizes a petition for import relief to include within its statement of reasons for requesting import relief the desire to facilitate the orderly transfer of resources to enhance competitiveness. Changes the scope of the ITC's import relief investigation to include determining whether an article is being imported into the United States in such increased quantities as to be a cause (currently substantial cause) of serious injury or threat of serious injury to any domestic industry that produces an article like or directly competitive with the imported article or that produces materials, parts, components, or subassemblies irrevocably destined for incorporation in an article like or directly competitive with the imported article. Changes one of the factors that must be considered in making such determination with respect to serious injury in order to cover the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. (Current law refers to the inability of firms to operate at a reasonable profit.) Changes the factors that must be considered in making such determination with respect to the threat of serious injury in order to cover: (1) a decline in sales or market share in the domestic industry; (2) a higher and growing inventory in the domestic industry; (3) a downward trend in production, profits, wages, or employment (or increasing under employment) in the domestic industry; (4) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any class or kind of merchandise and that causes or threatens to cause serious injury to the domestic industry; (5) the extent to which the U.S. market is the focal point for diversion of exports of the article concerned because of restraints on exports of such article to, or imports of such articles into, third country markets; and (6) in the case of an industry that has developed an industry assessment and competitiveness strategy, the inability of producers in the domestic industry to generate adequate capital to finance the modernization of plant and equipment or to otherwise enhance competitiveness. Requires (currently authorizes) the ITC to make certain determinations with respect to determining the domestic industry producing an article like or directly competitive with an imported article. Defines "cause" for purposes of determining whether imports are a cause of injury to mean a cause which is important. Declares that a cause may be important even though other causes are of equal or greater importance. Requires the ITC, if it finds that serious injury or the threat of serious injury exists for a domestic industry, to: (1) find the amount of the increase in, or imposition of, any duty or import restriction necessary to prevent or remedy such injury; and (2) if it determines that adjustment assistance can assist in remedying such injury, recommend the provision of such assistance. Directs the Administering Authority, if during an import relief investigation it finds that critical circumstances exist, to impose provisional measures (increase in tariff, tariff-rate quotas, quantitative restrictions, orderly marketing agreements or a combination of such actions). Requires such measures to remain in effect until the later of the date: (1) on which the President revokes such measures; (2) on which the ITC makes a negative determination of injury; or (3) which is 60 days after the date on which the ITC makes an affirmative determination of injury. Declares that critical circumstances exist if a significant increase in imports over a short time has led to circumstances in which delay in relief would cause damage that would be difficult to repair. Requires the ITC, if it finds that serious injury has resulted from imports, to determine: (1) whether trade in the article concerned has been affected by coordinated government actions that are bestowed on a specific enterprise, industry, or group and that assist the beneficiary in becoming more competitive in exporting a class or kind of merchandise; and (2) the extent to which the U.S. market is the focal point for diversion of exports of such article because of restraints on exports of such article to, or on imports of such article into, third country markets. Directs the Administering Authority, if it determines to provide import relief and the ITC has found that trade in the article has been affected by such coordinated government actions, to consult and negotiate with other countries that produce or consume such article to seek the establishment of a multilateral framework to maintain and develop fair, equitable, and nondisruptive patterns of trade in such article. Directs the Administering Authority, after the ITC begins an import relief investigation based on a petition, to establish, upon request, an industry advisory group. Requires such an advisory group to prepare for the industry concerned an assessment of current problems and a strategy to enhance competitiveness. Directs the Administering Authority to try to obtain, on a confidential basis, information from the individual members of such advisory group on: (1) how such members intend to act upon the recommendations in such assessment and strategy; and (2) any other actions such members intend to take which will foster the objectives of the strategy. Requires the Administering Authority, the ITC, the Secretary of Labor, and the Secretary of Commerce to consider such assessment and strategy in making any import relief determination or taking any import relief actions. Requires the Administering Authority, if it determines to provide import relief and if an industry assessment and competitiveness strategy was submitted to the Administering Authority, to publish notice of the availability of, and a summary of, such assessment and strategy. Requires a review committee, if such summary is published, to: (1) monitor actions taken by the petitioners to improve the competitive position of the industry; (2) make recommendations for administrative action; and (3) submit recommended legislation to the Congress. Requires the review committee to consult with the advisory group members if the review committee determines that the firms or workers are not implementing or are implementing unsatisfactorily: (1) the recommended objectives and actions in the industry assessment and competitiveness strategy; or (2) the actions declared in the confidential information obtained by the advisory group. Requires the Administering Authority to request the ITC to issue a report on the probable economic effect on the industry of import relief if, after consultations with the advisory group members, the review committee determines that the failure to implement or failure to implement satisfactorily such actions is not justified by changed circumstances and has adversely affected overall implementation of the objectives of the industry assessment and competitiveness strategy. Requires the Administering Authority, if it decides to provide import relief, to consult with petitioners and representatives of workers and firms in the affected industry on the advisability and desirability of taking appropriate action under countervailing or antidumping duty provisions of the Tariff Act of 1930 or under title III of the Trade Act of 1974 if the Administering Authority has reason to believe that a foreign government or firm is engaged in any action or practice for which such relief is available. Title IV: Relief from Injurious Industrial Targeting and Unfair Trade Practices - Provides that injurious industrial targeting may trigger import relief actions. Defines injurious industrial targeting to mean any combination of coordinated government actions: (1) which are bestowed on a specific enterprise, industry, or group thereof; (2) which assist such enterprise, industry, or group to become more competitive in the export of any class or kind of merchandise; and (3) which cause or threaten to cause material injury. Transfers from the President to the Administering Authority the authority to take certain actions to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Authorizes the Administering Authority to: (1) suspend, withdraw, or prevent application of the benefit of trade agreement concessions with the foreign country or instrumentality involved; (2) direct customs officers to assess duties or impose other import restrictions on the products of such country or instrumentality or to assess fees or impose restrictions on the services of such country or instrumentality for such time, in such amount, and to such degree as the Administering Authority deems appropriate; (3) negotiate agreements to offset the burden or restrictions on U.S. commerce; (4) submit proposed administrative actions and legislation to implement any other government action which would restore or improve the international competitive position of the injured or threatened industry; (5) recommend action by the President; or (6) any combination of such actions. Transfers to the Administering Authority from the President the authority to impose certain limits on service sector access authorizations (authorizations that permit a foreign supplier of services access to the U.S. market). Authorizes the President, upon recommendation of the Administering Authority, to: (1) restrict the terms and conditions of any service sector access authorization; or (2) deny the issuance of any such authorization. Directs the Administering Authority to consult with representatives of domestic firms and workers that may be affected by any import relief investigation which is initiated by petition filed with the Administering Authority regarding any determination which is required to be made by the Administering Authority. Directs the Administering Authority, upon written request, to make confidential business information obtained by it in connection with an import relief investigation available under a protective order. Prohibits release of information classified for national security reasons. Requires the Administering Authority to act upon requests for such information within ten days of the request. Requires the Administering Authority, in conducting an import relief investigation initiated by petition to the Administering Authority, to present detailed questionnaires to the foreign government or enterprise involved in order to obtain information concerning the allegations in the petition. Directs the Administering Authority to verify any such information which the Administering Authority relied upon in making any determinations. Provides for relying on the best information available, which may be the information contained in the petition, if the foreign government fails to provide information or provides insufficient or unsatisfactory information. Requires the Administering Authority to make a preliminary determination within five months of the start of such an import relief investigation on whether there is reason to believe that import relief is warranted. Authorizes the Administering Authority to take certain actions based on the preliminary finding. Requires the final determination to be made within 11 months of the start of the investigation. Requires the Administering Authority to determine what actions to take if the final determination is that import relief is warranted except that specific actions are required if injurious industrial targeting is found to exist. Requires the Administering Authority to consult with the petitioner and representatives of the affected domestic firms and workers if the final determination is affirmative. Requires the Administering Authority to report to the Congress if the final determination is affirmative and the Administering Authority declines to take any action. Terminates any preliminary import relief if the final determination is negative. Requires publication in the Federal Register of such preliminary and final determinations. Requires the Administering Authority, if it makes a preliminary finding that injurious industrial targeting exists, to: (1) establish an advisory committee; and (2) formulate, in consultation with such advisory committee, proposals which would restore or improve the competitive position of affected domestic industries. Requires the Administering Authority to notify the ITC when it initiates an investigation of injurious industrial targeting. Requires the ITC to make a preliminary determination within 60 days of receiving such notice of whether there is a reasonable indication that because of sales or likely sales of the merchandise which is the subject of the investigation: (1) an industry in the United States is materially injured or is threatened with material injury; or (2) the establishment or growth of an industry in the United States is materially retarded. Requires the ITC to make a final determination of whether such circumstances exist by: (1) 45 days after the affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is affirmative; or (2) 75 days after an affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is negative. Makes the ITC's determination subject to review by the U.S. Court of International Trade if such determinations were made under the countervailing or antidumping duty provisions of the Tariff Act of 1930. Defines material injury and threat of material injury. Requires the Administering Authority to submit to the President any proposed administrative action and any proposed legislation to restore or improve the competitive position of the injured industry if the preliminary and final determinations are that injurious industrial targeting has occurred. Provides for expedited consideration of such legislation. Requires the Administering Authority to report to the Congress on the actions the Administering Authority will take to offset the material injury or threat of material injury from the injurious industrial targeting. Authorizes the Administering Authority to enter into a settlement agreement with the foreign country or entity involved in lieu of taking other actions if: (1) such agreement completely eliminates the material injury or threat of material injury from the injurious industrial targeting; and (2) such agreement is approved by the petitioner if the investigation began because of a petition. Authorizes the Administering Authority to take actions to compensate a foreign country or entity if the contracting parties to the General Agreement on Tariffs and Trade (GATT) disapprove of actions taken in response to injurious industrial targeting. Directs the Administering Authority to consult with the petitioner and the representatives of affected domestic firms and workers if, in the course of an investigation, the Administering Authority has reason to believe that a foreign government engaged in dumping or other actions for which relief is available under specified provisions of the Tariff Act of 1930. Title V: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to add requirements for a country to be considered a "country under the Agreement" for purposes of the countervailing duty provisions of such Act. Requires such a country to have made a commitment under the GATT to: (1) eliminate its export subsidies within one year (five for least developed countries); (2) not increase, extend, or add export subsidies; and (3) eliminate immediately export subsidies on those products in which such country is competitive. Requires the ITC, upon request, to investigate whether the merchandise is already competitive in the U.S. market and whether the merchandise would be competitive in the absence of export subsidies. Directs the Administering authority to review the status of, and compliance with, specified agreements at least once during each 12-month period. Directs the Administering Authority to publish such determinations. Imposes penalties for failure of a foreign country to honor any term of such agreements. Includes natural resource subsidies within the definition of subsidy for purposes of such Act. Declares that a natural resource subsidy exists if: (1) a natural resource product is provided or sold by a government-controlled entity within a country for use in the manufacture or production in such country of merchandise which is the subject of a countervailing duty investigation at a domestic price that is lower than the fair market value of the natural resource product in such country and that is not freely available to U.S. producers for purchase of that product for export to the United States; and (2) such natural resource product would, if sold at the fair market value, constitute a significant portion of the total cost of the manufacture or production of such merchandise. Changes the definition of foreign market value for purposes of countervailing duty investigations. Requires the Administering Authority to include in calculating the cost of producing the merchandise the value of any benefit the producer or manufacturer has received from government research and development programs. Requires sales made at less than cost of production to be disregarded in the determination of foreign market value if such sales were made over an extended period of time and in substantial quantities. Sets forth a special rule for determining cost of production and constructed value if imports of the merchandise into the home market have been unreasonably restrained. Requires the ITC, in determining whether a U.S. industry is threatened with material injury because of imports, to consider: (1) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any merchandise and to cause or threaten to cause material injury to the United States; and (2) the extent to which the United States is the focal point for exports of the merchandise by reason of restraints on exports of the merchandise to, or on imports of the merchandise into, third country markets.
United States · United States Congress · 3 April 1985
Defense Environmental Restoration Act of 1985 - Subjects facilities under the jurisdiction of the Secretary of Defense to the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund). Exempts the Secretary from the financial responsibility requirements. Prohibits the delegation to the Secretary of any response authority under such Act, requiring such authority to remain with the President or the Administrator of the Environmental Protection Agency (EPA) as appropriate. Permits the designation of the Secretary and other Department of Defense (DOD) officials as natural resources trustees under such Act. Authorizes the Administrator to delegate other authorities to the Secretary or DOD officials if it would be cost-effective except the authority to approve remedial action at a site on the National Priorities List (NPL) in a nonemergency situation. Authorizes the President to issue response action orders as necessary to protect the national security. Directs the Secretary to establish within the Office of the Secretary an office to implement the Defense Environmental Restoration Program which includes investigating and cleaning up contamination from hazardous substances and correcting environmental damage. Directs the Secretary to carry out response actions with respect to releases of hazardous substances from sites and vessels under the Secretary's jurisdiction. Excludes response actions which do not result in a new facility from military construction requirements. Permits removal or remedial action by another responsible party. Directs the Secretary to pay all fees and charges imposed by State and local authorities for storage and/or disposal of hazardous substances on lands under the jurisdiction of the Secretary. Authorizes the Secretary to implement the administrative abatement authorities where there may be an imminent and substantial endangerment to public health or the environment from a DOD controlled facility. Authorizes appropriations for FY 1986 through 1990 to carry out the restoration program. Makes available to the Secretary amounts recovered from responsible parties for response actions of the Secretary. Authorizes the Secretary to settle claims under CERCLA up to a specified amount. Authorizes appropriations for FY 1986 through 1990 for emergency removal actions where the release or threatened release of any hazardous substance presents an imminent and substantial endangerment to the public health or environment. Limits the per-site expenditure unless the Secretary and the Administrator agree that continued response actions are required in an emergency-type situation. Requires each emergency removal action to be completed within six months if possible or within 18 months at the outside. Requires the Secretary to notify the Congress within 15 days of obligating emergency funds. Authorizes the Secretary to use facility maintenance funds for response actions, including emergency actions. Authorizes the Secretary to utilize the services of any other Government agency on a reimbursable basis to carry out this Act. Directs the Secretary to establish a research, development, and demonstration program regarding hazardous waste management, including cost-effective strategies and technological innovation. Authorizes appropriations for FY 1986 through 1990. Directs the Secretary to notify the Administrator of the Agency of Toxic Substances and Disease Registry (ATSDR) within one year of this Act's enactment of the 25 hazardous substances most frequently used at DOD facilities for which no standard or water quality criteria are in effect under the other Federal environmental and water quality statutes. Requires ATSDR to prepare profiles on such substances within one year of receiving the funds to do so. Authorizes appropriations. Directs the Secretary to keep the regional EPA offices and the appropriate State and local authorities informed about any hazardous substance releases or proposed response actions occurring at a DOD site within their area. Requires that such notice be made prior to taking a response action in nonemergency situations. Directs the Secretary to establish a Technical Review Committee of such authorities whenever possible to review and comment on DOD proposals. Requires the Secretary to provide an opportunity for public participation before adopting a plan for remedial action at any DOD site on the NPL. Directs the Secretary to report annually to the Congress on the implementation of this Act, including a statement for each site and its hazardous substances, the response actions taken or proposed, and the costs involved. Directs the Secretary to provide the Congress with information on military construction projects in the budget attributable to environmental restoration programs. Requires military construction authorizations to separately set forth the amount requested for environmental restoration for each military department and defense agency. Authorizes the Secretary to carry out otherwise unauthorized emergency construction for hazardous substance response actions up to a specified amount and after congressional notification.
United States · United States Congress · 3 April 1985
Amends title XVIII (Medicare) of the Social Security Act to provide for an extension of the prospective payment transition period. Directs the Secretary of Health and Human Services and the Prospective Payment Assessment Commission to study and report to the Congress, by December 31, 1986, on their recommendations for changes in the payment methodology for inpatient hospital services.
United States · United States Congress · 3 April 1985
Directs the Administrator of Veterans Affairs to establish a program to assist State governments in funding State established veterans' services programs which assist veterans with their benefits. Sets forth grant application procedures, including a description of the State plan for coordination of a State veterans' services assistance program with the programs of local veterans' service organizations. Requires a State plan to show that the delivery of services will be managed at the local level and that a State will increase the amount of matching funds it provides in each fiscal year through the third fiscal year of the grant. Directs the Administrator to prescribe regulations to evaluate grant applications. Authorizes appropriations for FY 1986 through 1988.
United States · United States Congress · 2 April 1985
Federal Drug Law Enforcement Agent Protection Act of 1985 - Amends the Controlled Substances Act to authorize awards of up to $100,000 to any individual who provides original information which leads to the arrest and conviction of a person who kidnaps or kills a Federal drug law enforcement agent. Provides that the money for such rewards be taken from the forfeiture proceeds within the Department of Justice.
United States · United States Congress · 2 April 1985
Medicare and Medicaid Patient and Program Protection Act of 1985 - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to exclude from participation in programs under title XVIII (Medicare) of the Social Security Act any individual or entity: (1) convicted of a criminal offense related to the delivery of an item or service under title XVIII or under titles XIX (Medicaid), V (Maternal and Child Health Block Grant), or XX (Block Grants to states for Social Services) of such Act; or (2) convicted of a criminal offense related to neglect or abuse of patients in connection with the delivery of a health care item or service. Authorizes the Secretary to exclude from Medicare participation any individual or entity: (1) convicted of fraud with respect to any Federal, State, or locally financed health care program; (2) convicted of interferring with the investigation of health care fraud; (3) convicted of manufacturing, distributing, or dispensing a controlled substance; (4) whose health care license has been suspended or revoked; (5) suspended or excluded from participation in a Federal health care program; (6) claiming excessive charges or providing unnecessary services; (7) committing certain acts prohibited under title XI; (8) owned or controlled by an individual convicted of health care related crimes, fined for health care abuses, or excluded from Medicare or a State health care program; and (9) failing to supply certain information. Authorizes the Secretary to exclude any hospital failing to comply with corrective action required under title XVIII. Sets forth provisions relating to notice requirements, judicial review, and period of exclusion. Directs the Secretary to promptly notify each appropriate State agency administering or supervising the administration of a State health care program of each exclusion and the period of exclusion. Permits an excluded individual or entity to apply, following a period exclusion, to the Secretary for reinstatement. Sets forth provisions providing for civil and criminal penalties for acts involving Medicare or State health care programs abuse, including penalties for physician misrepresentations. Requires a State, as a condition of Medicaid plan approval, to provide for the following: (1) a system of reporting any type of adverse action concluded against any health care practitioner or entity by the State or a local licensing authority; and (2) such access to documents as may be necessary by the Secretary. Requires the Secretary to provide suitable safeguards for the confidentiality of such information. Requires any health care provider providing health care services for which payment may be made under the Act to assure that services or items furnished: (1) will be provided economically and only when, and to the extent, medically necessary; (2) will be quality services which meet professionally recognized standards of health care; and (3) will be supported by evidence of medical necessity and quality in such form and fashion and at such time as may reasonably be required by a reviewing peer review organization in the exercise of its duties and responsibilities. Permits a State to exclude from Medicaid participation any individual or entity excluded under Medicare pursuant to the patient and program protection provisions. Requires a State in order to receive Federal payments with respect to a health maintenance organization (HMO) to exclude any HMO that: (1) could be excluded because of the conviction of the owners or managers of certain crimes; or (2) contracts with any individual or entity convicted of such crimes. Prohibits Federal payments with respect to any amount expended for items or services furnished with respect to any individual or entity excluded from Medicaid participation because of the patient and program protection provisions. Prohibits a State under title V from making payments to any individual or entity excluded from participation pursuant to the patient and program protection provisions. Prohibits Federal payments with respect to any amount expended for items or services furnished with respect to any individual or entity excluded from Medicare because of the patient and program protection provisions of part A of title XI. Prohibits using a grant under title XX for payment for any item or service furnished by a person excluded from title XX participation because of the patient and program protection provisions of title XI. Revises disclosure requirements under part A of title XI. Revises Medicare provisions concerning agreements with providers. Modifies the Medicaid moratorium provisions of the Deficit Reduction Act of 1984 to consider a State's Medicaid plan to include any plan change submitted to the Secretary either before or after the enactment of that Act and whether or not approved or disapproved by the Secretary. Sets forth effective date provisions.
United States · United States Congress · 2 April 1985
Indian Gaming Control Act - Establishes Federal standards for gaming activities within Indian reservations and on Indian lands. Defines "gaming." Makes gaming illegal within such reservations and on such lands unless conducted pursuant to a tribal ordinance or resolution adopted by an Indian tribal government and approved by the Secretary of the Interior. Requires the Secretary, under specified conditions, to approve any tribal ordinance or resolution concerning the conduct, licensing, or regulation of gaming activity within the tribe's jurisdiction. Provides for the tribal licensing and regulation of gaming owned, operated, or conducted by individuals or entities other than a tribe as long as such regulations and requirements are at least as restrictive as those established by State law. Prohibits such a tribal license to any individual or entity who is not otherwise eligible to receive a State license to conduct such activities. Permits a tribe, subject to approval by the Secretary, to enter into contracts for the operation and management of a tribal gaming enterprise for a fee. Sets forth certain information and contract requirements. Prohibits the Secretary from approving such contracts unless specified conditions are met. Permits the Secretary to not approve or to void such contracts where there is knowledge of specified facts. Sets forth the time within which existing gaming operations within an Indian reservation or on Indian lands must comply with the requirements of this Act.
United States · United States Congress · 2 April 1985
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate the benefit disparity between those born before 1916 and those born after 1916 which was effected by the enactment of the Social Security Amendments of 1977. Directs the Secretary of Health and Human Services to recompute the primary insurance amount so as to take into account the amendments made by this Act and to pay to any individual so entitled any additional lump sum amount to which such individual is entitled by reason of this Act. Prohibits the recomputation from reducing any individual's benefit.
United States · United States Congress · 2 April 1985
Military Chaplains Faith Balance Act of 1984 - Directs the Secretary of Defense to increase the representation of underrepresented religious faiths among armed forces chaplains.
United States · United States Congress · 2 April 1985
Amends the Magnuson Fishery Conservation and Management Act to require conservation and management measures to address current and potential habitat conditions and needs for the production of fishery resources. Revises provisions concerning the organizational makeup of the Pacific Fishery Management Council and appointment of voting members to regional fishery management councils. Specifies certain nonvoting members to be placed on the Pacific Council. Requires any fishery management plan to identify and discuss: (1) current and probable future habitat conditions; (2) the life and habitat requirements necessary to sustain the fishery and its food base; and (3) measures needed to conserve, restore, or enhance habitat essential for the fishery. Requires the National Marine Fisheries Service (the Service) to support the various regional councils in fulfilling such requirements. Outlines specified support required of the Service. Requires support requests to the Service to be responded to within 60 days, unless a written explanation of the delay is provided by the Service or any other Federal agency so requested. Directs each Federal agency to ensure that no action of that agency causes significant fisheries harm. Requires an agency, before taking any action, to consider whether the action is likely to cause significant fisheries harm. Requires notification by the head of an agency to the Secretary of Commerce and consultation with the Secretary regarding preventive measures if it is decided that an action of that agency will cause significant fisheries harm. Requires the Secretary to then notify each regional council of that decision within five days of notification to the Secretary. Requires the Secretary to monitor the activities of Federal agencies to assure compliance with such provisions. Requires certain action of the Secretary in the event of agency noncompliance. Allows a council to submit comments concerning the minimization of fisheries harm to either the Secretary or the Federal agency concerned, with a response to such comments required within 60 days. Requires the Secretary to notify a Federal agency within 60 days of notification from such agency and to include in such notification the decision of the Secretary regarding whether or not the action of that agency will likely cause significant fisheries harm, and if affirmative, measures to be taken to prevent or minimize such harm. Requires such agency to then respond to the Secretary within 30 days stating that the agency either will or will not undertake the original proposed action. Requires the Secretary, after Federal preemption of fishery regulation over a State by the Secretary and after appeal of such preemption by a proper party within 48 hours, to establish an arbitration panel within 48 hours of the appeal in order to decide whether the assumption by the Secretary of regulation of the fishery is adequately supported by scientific evidence. Requires immediate termination of such preemption by the Secretary if the panel rules against such preemption action.
United States · United States Congress · 2 April 1985
Extends through the school year ending June 30, 1987, a school district's eligibility under the school lunch program to continue receiving all cash or all letters of credit in lieu of commodities. Makes such districts eligible for bonus commodities on the same basis as other districts participating in the school lunch program. Directs the Secretary of Health and Human Services to enter into agreements with private companies for processing donated commodities into end food products at the expense of the eligible recipient agencies.
United States · United States Congress · 2 April 1985
World War I Veterans' Service Pension Act - Directs the Administrator of Veterans Affairs to pay a monthly pension of $150 to each veteran of World War I who meets specified service requirements. Requires such veteran, if receiving another pension administered by the Veterans Administration (VA), to elect which pension he will receive. Provides for the payment of a monthly pension of $100 to surviving spouses of World War I veterans who meet certain marriage requirements. Requires such surviving spouses to choose between pensions if they are currently receiving another pension through the VA.
United States · United States Congress · 2 April 1985
Declares that all persons in the workplace, regardless of whether they are employed in manufacturing or any other industrial or commercial enterprise, have a fundamental right to know when they are handling or are exposed to a hazardous substance which may threaten their health and well-being. Declares that the Occupational Safety and Health Administration should immediately revise its Hazardous Communication Standard so as to: (1) provide for the dissemination of meaningful information to workers on the actual identity and composition of hazardous substances which workers handle or are exposed to; (2) extend "Right to Know" protection to all workers in all industries and services which are not covered by this standard; and (3) set minimum requirements which States may improve upon through appropriate legislation. Commends the action of those State and local governments which have passed community "Right to Know" laws to safeguard the health and well-being of all their citizens in the community at large.
United States · United States Congress · 2 April 1985
Expresses the sense of the Congress that the United States and the Soviet Union should enter into a joint high-level scientific study to determine the long-term climatic and environmental effects of a nuclear exchange. Authorizes the Secretary of the Interior, in order to develop data for such study, to prepare an analysis of the consequences of a nuclear explosion on the environment. Expresses the sense of the Congress that the climatic and environmental effects of a nuclear exchange should be included in any analysis of the consequences of nuclear war and should also be considered in the nuclear weapons, arms control, and civil defense policies of both nations.
United States · United States Congress · 1 April 1985
Comprehensive Nutrition Assistance Act of 1985 - Title I: National School Lunch Act and the Child Nutrition Act of 1966 - School Lunch and Child Nutrition Amendments of 1985 - Amends the Child Nutrition Act of 1966 and the National School Lunch Act to authorize appropriations through FY 1986 for: (1) the special supplemental food program for women, infants, and children (WIC); (2) State administrative expenses; (3) the nutrition education training (NET) program; (4) the children's summer food service program; and (5) the commodity distribution program. Authorizes appropriations through FY 1988 for State administrative expenses relating to the school nutrition programs. Increases NET authorizations. Reduces the student cost of a reduced price lunch from 40 cents to 25 cents and of a reduced price breakfast from 30 cents to 15 cents. Increases reduced meal income eligibility limits from 185 percent to 195 percent of the poverty level. Provides an additional six cents per breakfast to increase the nutritional quality of such program. Requires the Secretary of Agriculture to promulgate related nutritional improvement regulations. Extends the lunch program "offer versus serve" provision to the breakfast program. Permits a child to refuse one breakfast item if such refusal option is permitted by the local school food authority. Raises the program tuition limit under such Act for private schools from $1,500 to $2,500. Requires annual inflation adjustments. Increases the number of reimbursable meals and snacks under the child care food program. Excludes certain medical expenses from household income for program eligibility purposes. Eliminates the requirement that free meal eligibility be the same as that required for food stamp eligibility. Prohibits the Secretary from requiring school lunch program income verification unless the direct cost of such verification is appropriated. Makes kindergartens in specified schools eligible for the special milk program. Establishes a tiered-payment system for the child care food program. Obligates specified food service equipment appropriations for low-income area schools. States that school food facilities and personnel may be used for nonprofit nutrition programs for the elderly. Prohibits the Secretary, through FY 1986, from reducing child nutrition benefit eligibility unless legislatively directed. Qualifies children participating in the food stamp or aid to families with dependent children (AFDC) programs for free breakfasts and lunches. Makes specified nonprofit private sponsors eligible for the summer feeding program. Increases FY 1984 WIC authorizations. Extends administrative fund allocation provisions through FY 1988. Directs the Secretary to apportion funds so as to insure that at least 70 percent of each fiscal year's amounts have been obligated or used by the beginning of such year's fourth quarter. Provides that such requirement shall not apply to supplemental appropriations enacted after January 1 of a fiscal year or to any reallocated funds. Prohibits States from using more than two and one-half percent of a current fiscal year's WIC appropriations for a preceding year's expenditures. Permits administrative funds to be used for technical assistance to improve State administrative systems. Includes AFDC among the programs to be coordinated with the child nutrition programs. Provides for a reduction in program paperwork. Requires the Secretary to fill any vacancy in the National Advisory Council within 90 days. Requires that the Council meet at least once annually. Requires the Secretary to: (1) conduct a study of the feasibility of a universal school lunch program; and (2) report to the Congress by January 1, 1988. Extends, subject to fund availability, the alternative (cash) assistance school lunch pilot study through the school year ending June 30, 1986. Requires the Secretary, subject to fund availability and upon request, to provide financial assistance to participating school districts that sustained losses due to the methodology change for the school year ending June 30, 1983. Authorizes appropriations for such purposes. Requires the Secretary to: (1) conduct a study of the State administrative expense allocation formula and procedures, including the merits of a State matching requirement; and (2) report to the Congress by January 31, 1986. Requires the Secretary to: (1) conduct a study of the effect on families of the child nutrition programs authorized under the Child Nutrition Act of 1966; and (2) report to the Congress by January 1, 1987. Prohibits a contract between a school food authority and a food service company to provide a la carte food service unless such company provides free and reduced price meals to eligible children. Sets aside specified WIC funds for eligible migrants. Title II: Other Food and Nutrition Programs -Amends the Temporary Emergency Food Assistance Act of 1983 (which makes excess commodities available to eligible agencies for distribution) to extend the authorization of appropriations for another year, through FY 1986. Sets aside specified funds from such program for previously unserved areas, particularly areas of rural poverty. Amends the Community Services Block Grant Act, through which the Secretary is authorized to make grants to assist and coordinate food assistance resources at the State, local, and community level, to increase the level of authorizations for FY 1985 and 1986. Sets aside specified funds from such program for organizations serving seasonal or migrant farmworkers and Indian tribes and organizations. Amends the Head Start Act to increase the authorization of appropriations for FY 1986. Limits the use of certain funds to increasing participation in the Head Start program. Amends the Food Stamp Act of 1977 to increase specified amounts which may be deducted from a household's income when determining food stamp eligibility. Authorizes a State agency to calculate household income on either a prospective or retrospective basis. Increases the amount of assets a household may retain and still remain eligible for food stamps. Increases the value of household allotment allowed. Amends the Agriculture and Consumer Protection Act of 1973 to extend for another year, through FY 1986, the commodity supplemental food program. Authorizes local agencies to provide supplemental commodities to low-income elderly persons so long as such supplement does not reduce commodity assistance to women, infants, and children. Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize appropriations for the Cooperative Extension Service for FY 1986, increasing the amount authorized for FY 1985. Sets aside specified funds from such program to carry out the expanded food and nutrition program known as the Smith-Lever Act. Sets aside specified funds for geographical areas in which the infant mortality rate or hunger-related disease is high.
United States · United States Congress · 28 March 1985
Data Bank Centralization Act - Directs the Administrator of Veterans Affairs to establish and maintain a central data bank containing information on each living veteran. Allows such information to be made available only to: (1) criminal law enforcement personnel in barricade or hostage situations in which a veteran is involved; or (2) personnel of the Veterans Administration in carrying out authorized activities. Requires the Administrator to: (1) ensure ready access to such information to criminal law enforcement personnel for the specified situations; and (2) establish safeguards to ensure the confidentiality of such information and protect it from uses other than as specified. Makes unlawful the disclosure of such information for any purposes other than those specified. Provides criminal penalties for such unlawful disclosure.
United States · United States Congress · 28 March 1985
Hotline for Help Act - Directs the Administrator of Veterans Affairs to provide veterans with toll free telephone access to the Veterans Administration for the purpose of obtaining: (1) information on services and benefits; and (2) crisis counseling. Requires the Administrator to provide appropriate professional personnel to carry out such crisis counseling.
United States · United States Congress · 28 March 1985
Prohibits a Federal agency from procuring by contract any services performed by Federal employees in the competitive service positions of guards, elevator operators, messengers, and custodians if such procurement would: (1) cause the involuntary separation of a preference eligible from any such position; or (2) preclude the performance of any such service by a qualified preference eligible. Provides that neither an involuntary reassignment within the same agency nor an involuntary transfer to another agency shall be considered to be an involuntary separation if such reassignment or transfer is to a vacant position which is the same type, at the same or higher pay, within the same commuting area, and for which the preference eligible is qualified. Allows the procurement of such services by contract: (1) when qualified preference eligibles are not available; and (2) for positions held by employees other than preference eligibles. Requires that any such procurement be conducted in accordance with applicable Federal procurement laws, including specified provisions requiring certain procurements of services from qualified nonprofit agencies for the blind and for other severely handicapped.
United States · United States Congress · 28 March 1985
Prohibits interstate and foreign commerce in any article of fur derived from an animal trapped in a steel jaw leghold trap. Establishes criminal penalties for violations of this Act. Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Makes the Secretary, with the assistance of appropriate Federal or State personnel, responsible for enforcing this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture.
United States · United States Congress · 27 March 1985
Health Insurance Availability Act of 1985 - Amends the Internal Revenue Code to impose a ten percent excise tax on the amount of employee health expenses paid or incurred by a large employer who is not a member of a qualified State pooling association. Defines a "qualified pooling association" as an organization which: (1) is a nonprofit corporation established pursuant to and regulated by State law; (2) has specified types of insurers and other health financing entities as participating members; (3) makes available specified levels of health insurance to all residents of the State not eligible for Medicare; (4) charges a specified pool premium rate; and (5) assesses losses of the pool equitably among all participating members.
United States · United States Congress · 27 March 1985
Expresses the sense of the House of Representatives that travel by Members of Congress to the Soviet Union and travel by Soviet leaders to the United States serves the interests of the two nations and that such travel is encouraged.
United States · United States Congress · 26 March 1985
Amends the Tariff Schedules of the United States to provide a duty on certain ethyl alcohol that is used as a fuel. Provides, under specified circumstances, for a refund of additional duties paid on such alcohol. Amends the Caribbean Basin Economic Recovery Act to exclude ethyl alcohol and any mixture containing such alcohol as a product from a beneficiary country (certain Caribbean countries) or from eligibility for duty-free treatment if it has merely been subjected to distillation, denaturing, or blending with other ethyl alcohol within a beneficiary country.
United States · United States Congress · 26 March 1985
Authorizes the Secretary of Education to provide financial assistance to the Bethune-Cookman College in Volusia County, Florida, to establish the Mary McLeod Bethune Memorial Fine Arts Center. Authorizes appropriations for such purpose.
United States · United States Congress · 26 March 1985
Designates the Study Center for Trauma and Emergency Medical Systems at the Maryland Institute for Emergency Medical Services Systems at the University of Maryland as the National Study Center for Trauma and Emergency Medical Systems.
United States · United States Congress · 26 March 1985
Recognizes the pause for the Pledge of Allegiance as part of the celebration of National Flag Day and urges all Americans to participate by reciting the Pledge in unison at a specified time on that day.
United States · United States Congress · 26 March 1985
Condemns the use of plastic and rubber bullets in Northern Ireland. Calls upon the Government of the United Kingdom to ban the use of plastic and rubber bullets against civilians.
United States · United States Congress · 26 March 1985
Expresses the sense of the Congress that: (1) the Federal Railroad Administration should immediately adopt enforcement rules prohibiting the use of alcohol and drugs by railroad employees who are on duty or scheduled to report for duty; and (2) the Department of Transportation and the Office of Management and Budget should approve such rules at the earliest practical date.
United States · United States Congress · 26 March 1985
States that the United Support of Artists for Africa should be commended for aiding the African famine victims and for demonstrating that people can make a difference in relieving the plight of those victims.
United States · United States Congress · 25 March 1985
Federal Employee Age Discrimination Amendments of 1985 - Amends the Internal Revenue Code, the Foreign Service Act of 1980, the Coast and Geodetic Survey Commissioned Officers' Act of 1948, the Public Health Service Act, the Revised Organic Act of the Virgin Islands, the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, and other Federal laws to remove maximum hiring ages and mandatory retirement ages for the following civil servants: U.S. Park Police; air traffic controllers; Panama Canal employees; Department of Justice law enforcement personnel; Federal Bureau of Investigation personnel; the District of Columbia firefighters; the U.S. Forest Service firefighters; Foreign Service Officers; Commissioned Officers of Public Health Services; Tax Court judges; Coast and Geodetic Survey officers; Lighthouse Service officers; Central Intelligence Agency employees; the Comptroller General; the Chief Judge of the District Court of the Virgin Islands; and the Director of the Federal Judicial Center.
United States · United States Congress · 25 March 1985
Amends the Racketeer Influenced and Corrupt Organizations Statute to extend the Act's coverage to the sexual exploitation of children. Authorizes a civil suit for treble damages for any person injured personally or in their business or property.
United States · United States Congress · 21 March 1985
Directs the Postal Service to establish a program under which change-of-address forms may be transmitted to appropriate State election authorities for voter registration purposes. Directs the Postal Service to prescribe regulations under which a State may participate in such program. Authorizes appropriations.
United States · United States Congress · 21 March 1985
Requires the President to include with the annual Federal budget submitted to the Congress another budget prepared by the Board of Governors of the Federal Reserve System showing estimated receipts and expenditures for itself and all Federal Reserve banks for the next three fiscal years.
![Official portrait of Rep. Fazio, Vic [D-CA-3]](https://www.congress.gov/img/member/f000053_200.jpg)