United States · United States Congress · 22 May 1985
Toxic Release Control Act of 1985 - Title I: General Provisions - Applies national emission standards under the Clean Air Act only to those hazardous air pollutants for which a standard has been promulgated before this Act's enactment. States that standards promulgated pursuant to this Act supersede standards under the Clean Air Act for any particular pollutant. Identifies hazardous substances. Directs the Administrator of the Environmental Protection Agency (EPA) to publish within one year and revise annually a list of additional substances, including all those listed under the Clean Air Act's national emission standards provision. Requires the listing of substances which are released into the air and cause air pollution which can reasonably be expected to increase mortality, illness, or which are acutely or chronically toxic. Sets forth sources of listed carcinogens to be included. Requires the consideration of other substances listed by various Federal health-conscious sources, including all substances defined as hazardous under Superfund (the Comprehensive Environmental Response, Compensation, and Liability Act of 1980). Requires the Administrator of the Agency for Toxic Substances to keep revised records of such substances. Permits the petitioning for additions to the list and limited judicial review of list decisions. Title II: Inventory, Monitoring, and Right-to-Know - Requires manufacturers or processors of over a specified amount of a substance listed under this Act to report annually to the Administrator on: (1) the identity, location, and rate of emission for each emmissions unit; (2) aggregate emissions figures; and (3) hazardous substance status sheets. Requires the Administrator to compile annually for each substance an inventory of total amounts released at both the State and national levels. Requires such inventory to be included in the National Library of Medicine Online Data Bank. Requires the Administrator to conduct public hearings on adverse health effects of a release upon petition by 20 or more persons. Requires the Administrator to conduct public hearings on adverse health effects of a release upon petition by 20 or more persons. Requires the Administrator to monitor and measure the ambient concentrations of each released hazardous substance in the air. Requires each covered manufacturer and processor to prepare a hazardous substance fact sheet for each substance, such sheet to include the appropriate chemical properties and emergency response information. Requires the updating of such fact sheet periodically. Requires such manufacturers and processors to prepare hazardous substance status sheets on each hazardous substance at each facility, setting forth the inventory, storage method, amounts released in normal business operations, and the quantity and method for disposing of any wastes containing such substance. Requires that copies of fact and status sheets be provided to the appropriate government official. Requires such manufacturers and processors to provide the appropriate government officials with emergency bulletins in the event of an emergency setting forth all pertinent information as to substance type, quantity, duration, and response taken. Requires that fact and status sheets and emergency bulletins be made available to the public. Directs the Governor of each State to designate the appropriate officials to receive the hazardous substances information, including State and local police and fire and health officials. Requires the manufacturers and processors to keep records of such information and for manufacturers to inform processors of such information. Authorizes the withholding of the name or identity of a substance if it is a trade secret so long as the generic category is disclosed and certain designated officials and health personnel have access to such information in case of any emergency. Sets forth procedures for requesting and substantiating a trade secret claim. Title III: Control of Releases from Stationary Sources - Directs the Administrator of EPA to promulgate leak control, monitoring, vapor recovery, and other equipment requirements to prevent the release of hazardous substances into the air from a manufacturer's or processor's devices or systems. Requires operation and maintenance standards and provides for biannual safety inspecting by the owner or operator of a covered facility. Directs the Administrator to promulgate uniform national mandatory labeling requirements for pipes, storage tanks, or containers used by covered manufacturers and processors, giving appropriate identification and response information. Requires the Administrator to conduct audits at least annually for each stationary source. Directs the Administrator to publish a list of all categories of stationary emissions units which release hazardous substances into the air, to be revised as necessary. Requires the Administrator to promulgate national standards for each category which provide an ample margin of safety to protect human health and safety. Sets forth a timetable for the promulgation of such standards, including the possibility of interim standards where the national standard could not be reached even with the application of all potential emission reduction measures. Limits interim standards to a six year maximum. Requires both interim and national standards to be at least as stringent as the most stringent level of control achievable in practice by any emissions unit in its category, determined by EPA to be achievable, or required under any Clean Air Act permit. Authorizes the Administrator to distinguish within categories of emissions units as to types, sizes, etc. for standards purposes. Requires the Administrator to review this Act's standards every eight years and Clean Air Act standards within four years. Applies this Act's standards for foreign emissions units. Requires covered manufacturers and processors to obtain a permit from the Administrator before modifying or constructing any emissions unit. Requires each unit to comply with the applicable limitation for each substance, with adjustments made for possible cumulative and synergistic effects. Permits interim limitations under the same conditions as apply to interim standards. Requires all existing stationary emissions units to operate under an Administrator's permit, complying with applicable limitations but allowing for cumulative effects, synergistic effects, and the need for interim limitations. Permits two year waivers of compliance with the leak prevention requirements. Permits emergency extensions of such waiver for three years if severe hardship would result from nonextension and compliance can be assured by the end of the extension. Requires the Governor of an affected State to be notified of any extension application. Requires the President to report all granted extensions to the Congress. Requires all permits to include monitoring requirements, including the monitoring of air in the affected community. Requires such information to be reported to the Administrator and made available to the public. Sets forth procedures, conditions, terms, and fee requirements for such permits, allowing one three year renewal of the three-year permit term. Requires permit standards for emissions to be at least as stringent as the applicable interim or national standards. Lists extremely hazardous substances, requiring the Administrator to revise such list. Includes those substances which by their physical and chemical properties present the greater danger to health and safety in their manufacturing, processing, or use. Directs the Administrator to review periodically the manufacturing and processing methods for such substances, evaluating alternative methods and approaches to reduce the risk of release. Directs the Administrator to issue the necessary orders or withhold the necessary permits to assure that releases of such substances are at a level which is as safe as is technologically possible and do not present a danger to health and safety. Title IV: Control of Hazardous Substance Releases From Mobile Sources - Designates specified substances as motor vehicle hazardous substances, requiring the Administrator to revise the list of substances which are released into the ambient air by a motor vehicle and which may cause illness or are acutely and chronically toxic. Makes the duties of the Administrator under these provisions nondiscretionary and therefore enforceable through citizen suits. Requires manufacturers of motor vehicles, their parts and fuels to report to the Administrator on any substance which is generated in normal use and should be on the hazardous substances list. Directs the Administrator to promulgate emissions standards for each substance listed, permitting interim standards where the application of all potential emission reduction measures would not result in compliance. Limits interim standards to six years. Sets forth minimum emission standards for diesel particulates for light and heavy duty vehicles for specified model years. Requires the Administrator to control the use of fuel and fuel additives. Prohibits the use of lead or lead additives in gasoline after 1986. Title V: Liability -Makes liability joint and several for processors and manufacturers releasing hazardous substances into the air. Makes compensable: (1) medical and burial costs; (2) lost income; (3) pain and suffering; and (4) economic loss. Sets forth acceptable proofs of causation of harm. Establishes a three year statute of limitations for such actions, running from the date of reasonable discovery of harm or the date of this Act's enactment. Provides for no preemption of State law in the area of liability. Requires recovery under workers' compensation rather than this Act where possible. Title VI: Emergency Response and Labeling - Requires each covered major manufacturer to develop within two years a comprehensive evacuation and emergency response plan which provides the names and numbers of the appropriate government officials and manufacturing personnel to contact or be contacted in case of a hazardous substance emergency along with a description of measures to be taken to mitigate expected health effects. Requires such plan to evaluate the resources available in the community and to specify emergency evacuation and notification plans. Authorizes each Governor to designate emergency response districts with Emergency Response Committees to evaluate a manufacturer's emergency plan. Directs the Administrator to designate covered major manufacturers within one year of enactment, but considers all manufacturers and processors major in the absence of such designation. Includes Federal agencies and departments where appropriate. Exempts those major manufacturers whose activities in an emergency are otherwise adequately covered by Federal or State law. Title VII: Enforcement - Establishes civil penalties for violations of this Act. Establishes criminal penalties for knowing or willful violation, including the knowing provision of false information. Empowers the Administrator to seek a restraining order through the courts or, if not practicable, to issue orders directly to protect the health of persons from an imminent and substantial endangerment presented by a hazardous substance. Limits the effectiveness of such orders to one day for direct Administrator orders or two days or longer as authorized by the court. Permits citizen action suits for violations of this Act, including actions against the Administrator for failure to act. Requires plaintiffs to notify the Administrator of an intent to file and permits such plaintiffs to intervene in State- or federally-initiated suits as a matter of right. Permits the Administrator or State to intervene in citizen action suits as a matter of right. Awards costs to the substantially prevailing plaintiff. Permits judicial review of this Act's regulations or emergency extension actions in the U.S. Court of Appeals for the District of Columbia. Title VIII: Miscellaneous Provisions - Authorizes States to establish and enforce stationary source emissions controls, subject to the Administrator's approval, including a State permit program. Requires the Administrator to audit such State programs periodically and provide grants to assist the implementation of such programs. Permits more stringent State disclosure, right-to-know, and emergency response requirements, giving such standards supersedence over otherwise applicable Federal standards. Permits States and local governments to impose fees on covered manufacturers and processors to cover regulatory costs. Exempts the implementation of this Act from otherwise applicable requirements including those of the Paperwork Reduction Act of 1980.
United States · United States Congress · 22 May 1985
Rural Housing Escrow Procedures Act - Amends the Housing Act of 1949 to require the Farmers Home Administration to establish within 60 days escrow procedures that require borrowers to make periodic property tax and related payments.
United States · United States Congress · 21 May 1985
Superfund Expansion and Protection Act of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to include among hazardous substances subject to such Act any petroleum released from an underground storage tank. Includes pollutants and contaminants under Superfund, defining them as any substance which after release into the environment causes disease or abnormalities upon exposure or assimilation, either directly or through the food chain. Excludes petroleum and natural gas except as otherwise indicated under CERCLA. Redefines "release" to include the abandonment of containers containing hazardous substances or pollutants, or contaminants. Includes within remedial action the offsite transport and treatment and storage of hazardous substances and associated contaminated materials. Includes within removal costs the costs of permanent relocation of residents, business debt installments during the evacuation period, and assistance for lost wages. Directs the Administrator of the Environmental Protection Agency (EPA) to establish reportable quantities for all hazardous substances within six months of this Act's enactment. Requires the Administrator to conduct periodic audits of reported releases and report to the Congress at least annually on such audits. Directs the Administrator to give primary attention to those releases which may present a public health threat. Permits the Administrator to authorize cleanup by the responsible party if the Administrator determines it will be done properly. Prohibits the Administrator from providing removal or remedial actions for releases or threatened releases which are the product of naturally occurring processes, are in a facility of which such substance forms a structural part, or are the result of ordinary use deterioration in a drinking water system. Permits the Administrator to respond despite such prohibition if a public health or environmental emergency exists and no other authority can respond in a timely and competent fashion. Requires removal actions undertaken by the Administrator to contribute to any long-term remedial action necessary for a release or potential release. Requires the Administrator to assess the health effects associated with such release. Exempts response action contractors from liability for any damages caused by a release in the absence of negligence. Limits the 50 percent State cleanup obligation to those facilities which are both owned and operated by the State. Credits States with expenditures made at National Priorities List (NPL) sites on cost-eligible response actions. Revises other State cost-sharing measures. Requires the Administrator to select appropriate cost-effective remedial actions in accordance with the National Contingency Plan, (NCP). Requires remedial actions selected to provide permanent solutions when feasible. Requires the Administrator to provide interim measures which protect human and environmental health until a permanent solution becomes feasible. Requires these Interim Category sites on the NPL to be reviewed at five-year intervals for removal to the NPL when a feasible, permanent solution is possible. Requires a standard of control at least as strict as that provided by any other applicable Federal environmental law such as the Clean Water Act. Requires onsite disposal to be in compliance with the relevant provisions of the Solid Waste Disposal Act. Requires offsite disposal to be made only at facilities in compliance with such Act. Permits the waiver of such requirements as specified. Grants EPA employees or contractors the necessary access to facilities and information to determine if the need for a response action exists. Requires the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to develop toxicological profiles for at least 100 hazardous substances, assessing the current state of knowledge of their deleterious effects. Sets forth a schedule for developing such profiles, funding the process out of Superfund monies. Prescribes a cleanup schedule for Superfund, requiring an evaluation by January 1, 1987, of sites on the Emergency Response and Remedial Investigation System (ERRIS) list for possible inclusion on the NPL. Sets a schedule for the conduct of remedial investigations and feasibility studies (RIFS) for NPL sites, requiring the commencement of remedial action at a rate of not fewer than 150 facilities per year. Requires completion of remedial action within five years of this Act's enactment, requiring published explanations of noncompletions. Directs the Administrator to revise the National Contingency Plan (NCP) within 18 months to reflect this Act's amendments. Authorizes individuals to petition the Administrator for a preliminary assessment of a hazardous substance release. Includes human food chain damage and contamination of the ambient air as factors in the hazard ranking system. Eliminates the requirement that the NPL contain at least 400 sites. Permits a State to designate its highest priority facility on the NPL only once. Directs the Administrator to revise abatement action provisions to comply with this Act. States that there is no judicial review of abatement action orders other than orders enforcing such orders or recovery of penalties and punitive damages. Prohibits the subsequent storage of a hazardous waste at a solid Waste Disposal Act site if such waste has leaked sufficiently to require an abatement action and a certain density of population has been or may be affected. Makes certain investigatory and assessment costs recoverable from the responsible party. Exempts from liability for all but negligent actions of government agencies responding to a hazardous substance emergency. Prohibits the Attorney General from representing any Federal agency other than EPA who may be a defendant in a civil environmental action brought by EPA. Presumes the validity of federally- or State-run lab tests. Permits apportionment of damages among parties. Makes liability for abatement actions strict, joint, and several. Permits defendants to bring contribution actions against other, potential defendants. Makes a party to a judically-approved settlement not liable for claims for contribution. States that cleanup costs incurred in a response action constitute a Federal lien against the property of a responsible party. Sets forth evidentiary requirements for establishing financial responsibility. Permits direct action against a financial guarantor if the person liable is financially or physically unavailable for redress. Entitles such a guarantor to all rights and defenses available to the liable party. Limits the liability of such guarantor to its financial responsibility to the responsible party. Authorizes appropriations to the Hazardous Substance Superfund of not more than $2,020,000,000 for each of FY 1986 through 1990. Authorizes $250,000,000 out of general revenues. Prohibits the use of Superfund monies to satisfy claims for natural resources damage. Requires the Inspector General to audit annually the use of Superfund monies. Requires claims for response costs to first be made to the responsible parties or financial guarantor. Sets forth procedures for claim payment. Establishes a three-year statute of limitations for the initiation of actions for contribution for recovery claims for damages to natural resources. Establishes a six-year statute of limitations for cost recovery actions setting forth special rules for minors and incompetents. Requires the promulgation of natural resource assessment damage claims regulations within six months of this Act's enactment. Authorizes nationwide service of process under CERCLA. Authorizes a State to require contributions to a fund to pay the costs of hazardous substance response actions or damages. Requires the Administrator of EPA to provide a reasonable opportunity for public comment on any proposed plan for remedial action before it is implemented. Requires the Administrator to publish an explanation of any divergences from such plan or public comments. Authorizes the Administrator to make assistance available to affected individuals to help them evaluate and assess technical information and data. Authorizes individuals to petition the Administrator of EPA for a health assessment of a site where evidence of human exposure to hazardous substances exists. Requires the Administrator to either initiate a health effects study or publish an explanation of a determined lack of significant risk. Requires the Administrator to provide alternative household water, relocate individuals, or take such measures as may be necessary to eliminate the risk. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored for one year or more. Holds responsible parties strictly, jointly, and severally liable in State court actions for personal damages caused by exposure to any hazardous substance release. Establishes a three-year statute-of-limitations for such actions, setting forth special rules for minor and incompetents. Title II: Miscellaneous Provisions - Authorizes citizen suits against violators of this Act, including the Administrator and other government officials who have failed to perform nondiscretionary duties. Permits citizen suits against nongovernment officials in the Federal district court in which the violation occurred. Permits citizen suits against any Federal official only in U.S. District Court for the District of Columbia. Empowers such courts to impose civil penalties and to order the performance of required acts. Requires plaintiffs to give notice to the Administrator, the alleged violator, and the State in which the violation occurred before commencing proceedings. Prohibits citizen suits where the Administrator has commenced and is pursuing an enforcement action. Permits the awarding of court costs to the substantially prevailing party. States that the United States may intervene as a matter of right in all citizen suits to which it is not otherwise a party. Requires the Administrator to commence a study on the adverse effects of drilling fluids, produced waters, and other wastes associated with the production of crude oil or natural gas on human health and the environment within six months of this Act's enactment. Requires the Department of Transportation to promulgate regulations requiring shippers to notify transporters whenever hazardous substances are offered for transport. Increases criminal penalties and adds certain civil penalties for violations of this Act, including failure to provide accurate information at specified times. Requires the Federal Government to provide assurances that it will pay a share of the remedial action and maintenance costs of a cleanup on Indian lands that is otherwise required to be made by a State. Authorizes Indian tribes to recover damages for injury to natural resources from hazardous substance releases, except as specified. Includes Indian tribes on the same basis as States under certain provisions of CERCLA. Terminates the Post-closure Liability Trust Fund's responsibility to fund the cleanup of already closed sites where hazardous waste was stored in compliance with the Solid Waste Disposal Act. Title III: Community Right to Know and Emergency Planning - Amends the Toxic Substances Control Act by adding a new title II concerning the communities' right-to-know, emergency planning, and liability. Requires each covered manufacturer, distributor, user, and importer of a 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 of 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 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. 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 potentially covered major manufacturers. Exempts those whose emergency activities are sufficiently covered under other Federal or State law. Sets forth categories of substances to be considered covered hazardous substances and procedures for adding additional substances. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to compile and update a digest of all such substances. Exempts certain substances for this Act's purposes, based upon the form, amount, and other regulation of such substances. Establishes civil and criminal penalties, limiting criminal penalties to the knowing violation of emergency requirements. Authorizes citizens' suits to enforce this Act. Permits States to adopt more stringent right-to-know standards in the workplace context and emergency response requirements. Permits State and local governments to impose fees upon potential releasors to cover administrative costs. Title IV: Internal Revenue Code Provisions - Imposes taxes of $1,077,000,000 for each of FY 1986 through 1990 for deposit in the Hazardous Substance Response Trust Fund.
United States · United States Congress · 16 May 1985
Even Start Act - Establishes a pilot program to combine adult basic education for parents and school readiness training for children into a single educational program. Requires that funds made available to a grant recipient under this Act be used to provide a program of adult literacy training which includes as a major component involving parents and children together to enhance the likelihood of educational achievement. Requires that each such program receiving a grant include the following elements: (1) identifying and recruiting eligible participants; (2) screening and preparing parents and children for participation (including testing, referral to necessary counseling, and related services); (3) designing programs and providing support services to suit the participants' work and other responsibilities (including child care, transportation, and scheduling and locating services to allow joint participation by parents and children); (4) establishing instruction programs that promote adult literacy, equip parents to support the education and growth of their children, and prepare children for success in regular school program; and (5) providing and monitoring integrated instructional services to participants through home-based programs. Makes eligible for participation in such programs families that: (1) include a parent eligible to participate in an adult basic education program under the Adult Education Act; and (2) reside, with a child aged four or five, in a school attendance area designated for receipt of funds under chapter 1 (Financial Assistance to Meet Special Educational Needs of Disadvantaged Children) of the Educational Consolidation and Improvement Act of 1981 (ECIA). Makes eligible to apply for such program grants any agency, organization, or institution that operates an adult basic education program under the Adult Education Act and that serves an area: (1) in which the unemployment rate exceeds the national average; and (2) at least 75 percent of which is comprised of school attendance areas designated for receipt of funds under chapter 1 of ECIA. Sets forth grant application requirements, including: (1) a demonstration that the applicant can coordinate programs under the Adult Education Act with program under chapter 1 of ECIA, with other related programs such as health care, nutrition, child abuse, and substance abuse control and with State and local educational agencies; (2) a statement of methods to be used to provide program services for those most in need of them and for special populations, such as the handicapped and those with limited English proficiency; and (3) a demonstration that the applicant has qualified personnel to provide staff training and preparation. Directs the Secretary of Education to select 15 to 20 applications for final review, with two-thirds of these from urban areas and one-third from rural areas. Provides that three of these applications shall be selected for receipt of funds by a review panel composed of the Secretary, and specified members of State and local directors of programs under chapter 1 of ECIA and the Adult Education Act, chief State school officers, and representatives from a local Parent-Teacher Association and from institutions of higher education with training, respectively, in early childhood education and in adult literacy training. Sets forth program agreement requirements, including: (1) participant enrollment for at least 12 months; and (2) grant recipient provision of at least 25 percent of program costs for the third year of operation, 50 percent for the fourth year, and continued program operation after the expiration of assistance under this Act, if the program has been demonstrated to be effective. Sets forth requirements for evaluation and dissemination of results of such pilot projects. Requires that the results of such evaluation be submitted by the end of FY 1992 to the national diffusion network for possible dissemination. Directs the Secretary, in order to carry out this Act, to reserve specified amounts from FY 1987 through 1991 funds which would otherwise be available for: (1) grants to States for adult basic education and adult education programs to be carried out by local educational agencies and private nonprofit agencies; and (2) evaluation and studies under chapter 1 of ECIA. Provides that such requirement shall not apply to funds appropriated before the enactment of this Act.
United States · United States Congress · 14 May 1985
Prohibits the obligation of Federal highway funds for the initial construction of a four-mile route on the National System of Interstate and Defense Highways which is located mainly in landfill placed in a river after May 1, 1985, and which is adjacent and parallel to a shoreline. Limits the obligation of Federal funds after enactment of this Act to the initial construction of an alternative interstate route which meets certain construction guidelines. Makes inapplicable to such alternative interstate route the restriction placed upon the obligation of funds to the actual costs of construction features included in the 1981 interstate cost estimate. Prohibits the obligation of Federal funds for any such substitute highway or transit project if such project includes landfill construction (except for a landfill necessary to preserve the existing character and facilities of the waterfront). Prescribes the formula for determining sums made available for the Federal share of public mass transit projects which will serve the area in which such alternative project shall be located. Limits such Federal share to a maximum of 85 percent of the project cost. Authorizes appropriations for fiscal years beginning after September 30, 1992.
United States · United States Congress · 14 May 1985
Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage for anesthesia services and related care provided by a registered nurse anesthetist.
United States · United States Congress · 13 May 1985
Economic Equity Act of 1985 - Title I: Retirement - Pension Vesting, Integration, and Portability Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to maximum age conditions under pension plans to provide for continued coverage for certain workers over the normal retirement age. Provides that pension plans may only exclude from participation, on the basis of age, an employee who has attained the normal retirement age under the plan if: (1) the plan is a defined benefit plan or a target benefit plan (as under current law); and (2) the employee's accrued benefit under the plan is greater than the normal retirement benefit to which the employee would be entitled at the normal retirement age if the employee commenced participation at the earliest possible entry age under the plan and served continuously until attaining the normal retirement age under the plan. Revises provisions relating to minimum vesting standards to reduce, from ten years to five years, the number of years of service which a pension plan participant must complete in order to earn a nonforfeitable right to 100 percent of the participant's accrued benefit derived from employer contributions. Permits multiemployer pension plans to retain the ten-year minimum vesting standard if such plans meet certain conditions, including complete reciprocity for workers who move from one regional pension plan to another within the same industry. Repeals a certain "class year plan" rule. Permits participants with three (currently five) years of service to elect, within a specified period to have their nonforfeitable percentage computed under the plan without regard to any plan amendment changing the vesting schedule. Revises minimum participation standards, minimum vesting standards, and benefit accrual requirements to provide for pension plan coverage of part-time workers. Revises the definition of "year of service," for purposes of minimum participation and vesting standards, to treat 500 to 1,000 hours of service per year by a part-time employee as one-half of a year of service. Provides that the date on which such employee completes such one-half of one year of service shall be the latest date until which the plan participation of such employee may be delayed. Includes service of at least 500 (currently 1,000) hours in determinations of years of plan participation for purposes of benefit accrual requirements. Establishes minimum benefit rules for integrated pension plans. Requires such plans to offer a minimum benefit without taking into account contributions or benefits under specified provisions of the Social Security Act, the Internal Revenue Code, or any other Federal or State law. Sets forth formulas, based on specified percentages of employee compensation, for determining such minimum benefit in the case of: (1) an integrated defined benefit plan; and (2) an integrated defined contribution plan or an integrated simplified employee pension. Directs the Secretary of the Treasury to prescribe necessary or appropriate regulations to carry out the purposes of such minimum benefit rules for integrated plans in any case in which the employer has two or more plans. Provides for distributions of accrued benefits of less than $7,000 to portable pension accounts (individual retirement accounts or individual retirement annuities). Requires a pension plan to distribute a participant's nonforfeitable benefit to a portable pension account if: (1) the plan is a defined benefit plan, or an individual account plan subject to specified funding standards; (2) the present value, as of the date of separation from service, of such benefit is less than $7,000; and (3) the participant elects in writing, after receiving a required notice, to have such benefit distributed to such portable pension account in a distribution which is excluded from gross income under specified Internal Revenue Code provisions. Directs the Secretary of Labor to prescribe by regulation the manner and form in which such election is to be made. Requires the plan administrator, upon being informed by a participant that the participant wishes to make an election pursuant to these provisions, to provide notice to the participant of: (1) the present value, as of the date of separation, of the participant's nonforfeitable benefit (with such present value to be deemed equal to the actuarial equivalent, as of such date, of the normal form of benefit under the plan); (2) the amount of the participant's benefit on the date of the participant's retirement payable under the pension plan at normal retirement age expressed in the form of a single life annuity under a defined benefit plan or in the normal form of payment under an individual account plan; and (3) the additional tax (under specified Internal Revenue Code provisions as revised by this Act) on distributions from, or disqualification, of the portable pension account before the date on which the participant attains age 59 1/2. Amends the Internal Revenue Code to revise provisions relating to pension plans. Makes such revisions similar to those made to ERISA by title I of this Act with respect to: (1) continued coverage for certain workers over the normal retirement age; (2) a minimum vesting standard of five years of service (reduced from ten years), with the exception of multiemployer plans meeting certain conditions (including reciprocity); (3) repeal of the class year plan rule; (4) protection from changes in the vesting schedule for participants with three years of service; (5) coverage for part-time workers under minimum participation standards, minimum vesting standards, and benefit accrual requirements; (6) establishment of minimum benefit rules for integrated plans; and (7) distributions of accrued benefits to portable pension accounts. Revises provisions relating to additional tax on certain amounts included in gross income before age 59 1/2. Requires, in cases of early distributions or disqualification involving portable pension accounts to which accrued benefits from a pension plan have been distributed as provided under this Act, that the additional tax (for the taxable year in which the early distribution is received or the disqualification occurs) shall be equal to the amount of the early distribution, or of the disqualification, which is includible in gross income for such taxable year. Directs the Secretary of Labor to: (1) conduct a study of the feasibility and ramifications of requiring private employee pension benefit plans to provide cost-of-living adjustments to benefits payable under such plans; (2) compile data and analyze the effect inflation is having and may be expected to have on retirement benefits provided under such plans; and (3) submit study results, with recommendations, within two years after enactment of this Act. Social Security Modernization Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple which are attributable to the period of their marriage shall be shared equally between them for purposes of determining the eligibility for and amount of OASDI benefits to which each spouse is or may become separately entitled. Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage. Provides that this Act shall not apply in specified cases where it would result in a reduction of OASDI benefits. Provides full benefits for disabled widows and widowers without regard to age. Enables an insured individual's spouse who has attained the age of 50 and is not entitled to any other monthly benefits to obtain a transition benefit for four months upon the death of the insured individual. Establishes the amount of such transition benefit at 71.5 percent of the primary insurance amount of the insured individual or, if it is higher, 71.5 percent of the primary insurance amount of the spouse. Repeals the separate definition of disability applicable to widows and widowers. Permits the months of a widow's or widower's entitlement to Supplemental Security Income benefits (title XVI of the Social Security Act) on the basis of a disability to be counted towards the 24 months needed to become entitled to hospital insurance benefits under Medicare (title XVIII of the Social Security Act) on that basis. Uniformed Services Former Spouses' Equity Act - Provides that a former spouse of a member of the uniformed services shall be entitled, unless expressly provided by a spousal agreement or court order, to an annuity: (1) equal to 50 percent of the retired or retainer pay of the member if married to the member throughout the creditable service of the member; or (2) equal to a pro rata share of 50 percent of such pay if not married to the member throughout the entire creditable service of the member. Requires that an election by a member not to participate, or to participate at a reduced level, in the Survivor Benefit Plan or to provide an annuity for a dependent child only must be made jointly with the member's spouse. Provides that such an election must be in writing. Allows a member who has a former spouse to jointly elect a spousal agreement with such former spouse or as provided under a court order to provide a survivor to the former spouse or to waive such an annuity. Treats a former spouse as a spouse for purposes of eligibility as a beneficiary, computation of annuities, and reductions in retired or retainer pay under the Survivor Benefit Plan if the member elects such treatment. (Present law treats a former spouse as a person with an "insurable interest" subject to certain restrictions and requiring larger reductions in retired or retainer pay.) Establishes a 24 month period during which members who were already divorced before the effective date of this Act may elect to have a former spouse covered under the Survivor Benefit Plan. Provides that a former spouse's share of retired or retainer pay shall be based on the gross amount of such pay. (Present law bases such share on the net amount of such pay after specified deductions.) Social Services and Child Care Assistance Act of 1985 - Title II: Dependent Care - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to set allotment amounts for FY 1984, 1985, and 1986 and each succeeding fiscal year. Allocates, from the allotment set for FY 1986 and available for any fiscal year, specified amounts for: (1) funding for a National Resource Center on Family Day Care; (2) grants to States which fulfill certain conditions with respect to the licensing, regulation, and monitoring of child care services; and (3) the provision of services in accordance with title XX. Provides that, of the amounts allotted for the provision of services, specified amounts shall be used: (1) for the training and retraining of human services personnel; (2) for the training and retraining in the prevention of child abuse of licensed child care operators; and (3) for the provision of child day care services to children who are abused or neglected, who are members of families receiving aid under title IV (Aid to Families with Dependent Children) of such Act, or children who are members of specified low-income groups. Amends the Higher Education Act of 1965 to add a new title XII, School-Based Child Care Programs. (Redesignates the current title XII as title XIII.) Authorizes appropriations for FY 1986 through 1990 for grants to institutions of higher education for: (1) construction, reconstruction, and renovation of facilities, located at such institutions, to be used to provide child care services (free for students from families with incomes less than 150 percent of the poverty level, and with a sliding-scale of fees based on income for other students participating); (2) child care services through vouchers for disadvantaged college students (with two-thirds of the participants to be low-income students who are first generation college students, and the remainder to be either low-income or first generation college students); and (3) child care personnel work-experience programs (which provide experience for students by arranging part-time employment for them in licensed child care programs). Requires the Secretary of Housing and Urban Development to provide grants to public housing authorities to assist them in providing child care services for lower income families. Requires a program report to the Congress within three years. Authorizes FY 1986 through 1988 appropriations. Title III: Insurance - Nondiscrimination in Insurance Act - Prohibits discrimination on the basis of race, color, religion, sex, or national origin in the consideration of applications for, or the granting of, insurance policies and the terms of such policies. Permits insurers who regularly provide insurance solely to persons of a single religious affiliation to continue to do so. Prohibits any insurer from establishing auto insurance rates for women or any particular group of women which are higher or lower in relation to the rates offered men or any similarly situated group of men, except for non-gender related risk-based reasons. Grants to States having insurance discrimination laws the primary opportunity to enforce the prohibitions of this Act. Permits an aggrieved person to file a civil action in State or Federal court against an insurer if the State has terminated all proceedings under State law. Authorizes the Attorney General to bring a civil action in district court when there is reasonable cause to believe that a person or group is engaged in a pattern or practice of resistance to the rights granted by this Act and that such denial raises an issue of general public importance. Authorizes the Court to: (1) order the defendant to amend any relevant contract to comply with the provisions of this Act; (2) require the defendant to pay punitive damages in addition to actual damages; and (3) award the aggrieved person reasonable attorneys' fees. Continued Access to Group Health Insurance Act of 1985 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to require continuation coverage under group health plans for certain spouses, former spouses, and dependent children of employees insured under such plans. Makes such continuation coverage a requirement for the allowance of a tax deduction for employer contributions to group health plans. Provides that the spouse and dependent children of an insured employee may be entitled to five years of continuation coverage under a group health plan if the insured employee: (1) dies; (2) becomes separated or divorced from his or her spouse; or (3) becomes entitled to Medicare. Makes such coverage available only if it is elected within a specified period by or on behalf of the spouse or child to be covered. Sets forth notification requirements. Sets forth a special rule relating to collective bargaining agreements. Title IV: Employment - Requires the Equal Employment Opportunity Commission to: (1) conduct research for identifying and measuring wage discrimination; (2) assist any public or private entity in eliminating discriminatory pay practices; and (3) implement policies and procedures to prohibit employment discrimination. Requires the Commission to determine the number and nature of all charges filed under the Civil Rights Act of 1954 and to report to the Congress with a summary prepared pursuant to this Act. Requires the Commission to conduct a study in consultation with organizations representing Federal employees and analyze: (1) the procedures established by the Director of the Office of Personnel Management (OPM) to establish classifications of positions in the competitive service; and (2) the actual practices of the Director and the heads of Federal agencies in complying with the principle of equal pay for work of equal value when establishing job classifications for employees. Requires the Commission to report to the President and the Congress on its findings and provide a copy to the Director of OPM. Directs the Director to submit his comments on the report to the President and the Congress. Directs the Secretary of Labor, acting through the Office of Federal Contract Compliance Programs, to report to the President and the Congress on actions taken to enforce the prohibitions contained in Executive Order Numbered 11246 against discrimination by Federal contractors. Requires the Attorney General, acting through the Office of Civil Rights, to report to the President and the Congress on actions taken to enforce the prohibitions against sex discrimination in compensation contained in title VII of the Civil Rights Act of 1964, Executive Order Numbered 11246, and other Federal laws. Requires Federal agencies responsible for submitting equal employment opportunity plans to include in such plans: (1) a review and identification of any discriminatory pay practices and any violation of the principle of equal pay for jobs of equal value; and (2) a plan for eliminating any such practices and remedying any such violation. Directs the Office of Personnel Management (OPM) to provide, by contract with a consultant, for a report on discriminatory wage-setting practices and discriminatory wage differentials within the Federal position classification system and the prevailing rate (job grading) system. Defines "discriminatory wage-setting practices" as a practice resulting from lower rates of pay for female employees doing work comparable to that of higher-paid males. Requires OPM, within one month of receiving such report, to transmit a copy to the President and specified congressional committees, with written comments. Requires the consultant to submit such report to OPM and the Pay Equity Study Council (established by this Act) within six months after entering into its contract. Requires OPM, within ten days after the effective date of this Act, to establish a Pay Equity Study Council to assist in the selection of a consultant and comment on the final report. Requires that Council membership consist predominantly of representatives of labor organizations representing Federal female employees. Terminates the Council after it submits comments on the final report. Establishes a Commission on Employment Discrimination in the Legislative Branch. Directs the Commission to: (1) employ a nongovernmental consultant to study the compensation paid to Library of Congress personnel and analyze personnel policies of the Library; (2) evaluate the compensation system of the Library for compliance with title VII of the Civil Rights Act of 1964 and make any recommendations needed to achieve compliance; (3) develop a plan for the application of title VII through the legislative branch; and (4) make recommendations to the Congress for improvement of personnel policies and practices in the legislative branch. Directs the Commission to submit a final report to the Congress 18 months after enactment of this Act. Terminates the Commission 30 days after submission of the final report. Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to invite each State having an approved plan under part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to submit an application to establish and conduct a demonstration project for the purpose of testing whether the provision of mandatory education or vocational training (or both) for the caretaker parents of dependent children under six years of age in families receiving AFDC would enable such families to leave the AFDC rolls quickly and assist such parents in securing long-term gainful employment at earnings levels sufficient to maintain their families without public assistance. Requires any State desiring to establish and conduct such a demonstration project to submit an application to the Secretary within six months after the enactment of this Act. Directs the Secretary to approve ten of the proposed projects. Requires six of the approved projects to be located in urban areas and four to be located in predominantly rural areas. Prohibits the approval of a project unless: (1) it is of sufficient size and scope to demonstrate program and cost effectiveness and to permit the drawing of valid inferences for evaluation and policy recommendations; (2) it will be conducted for a period of not less than three nor more than five years; (3) it covers all caretaker parents in families which are eligible for aid under the applicable State plan and which include one or more children under six years of age; (4) it provides for participation by caretaker parents on a voluntary basis; and (5) it complies fully with all other requirements and will contribute to the purposes of this Act. Defines "caretaker parent". Directs a State, in conducting an approved demonstration project, to: (1) offer each caretaker parent in a jurisdiction involved an opportunity to participate in the project; (2) establish an individualized program for the education or vocational training of each participating caretaker parent; (3) permit such parent to receive education or training under the program so established (from the time the youngest child in the care of such parent is six months old, or earlier with a physician's written permission) until either the parent is employed and self-sufficient, the parent is no longer a caretaker parent, or the family has become ineligible for aid; and (4) require the project to maintain support services, including child care, transportation, and health care services for each participant. Directs the Secretary to pay each State with an approved demonstration project 90 percent of the costs incurred by the State in establishing and carrying out such project. Requires the remainder of the costs incurred to be paid from non-Federal sources. Requires the education or training for caretaker parents in such program to meet the following requirements: (1) for caretaker parents without a high school diploma the education must lead to such diploma; (2) after receipt of such diploma (or in the case of an individual already having a high school diploma or better), the caretaker parent must participate in an approved post-secondary education program, an approved vocational education program, or a program of employment and training under auspices of the Job Training Partnership Act; (3) the award of an academic scholarship to a caretaker parent shall not result in any loss of eligibility or benefits under AFDC or any other public assistance program, so long as the scholarship payments are made directly to the appropriate educational institution; (4) the education and training must include instruction in family management and life skills, employment and job search training, career counseling, and community-supported recreational activities; (5) appropriate English language and adjustment training must be provided for caretaker parents from immigrant groups who have language or cultural adjustment difficulties; (6) special training must be provided for physically handicapped participants; (7) education and training for each participant in the project must be provided for at least 20 hours per week and must be coordinated with available child care services; and (8) any caretaker parent who has completed all of the education and training required by this Act shall remain a participant in the project for 20 hours a week of job search and placement assistance (with coordinated child care) until either the parent is employed and self-sufficient or the family has become ineligible for AFDC. Provides that in the case of a caretaker parent who ceases to be a participant in the project because he or she has completed all of the education and training required by this Act and has become employed: (1) the parent will be provided with child care services, as necessary, without charge for a six-month period, and thereafter for a certain period subject to the payment of a gradually increasing portion of the cost of such services; and (2) the parent shall be considered for a 15-month period to be still a project participant for purposes of receiving Medicaid (title XIX of the Social Security Act) and shall thereafter be similarly considered to still be a participant for such purposes but subject to stated conditions. Requires all of the child care and transportation which is necessary for a caretaker parent to participate in a demonstration project to be included, without charge to the caretaker parent, as a part of the project. Requires each approved project to be designed so as to provide an effective demonstration of: (1) the planning and design of quality and cost-effective approaches to child and infant care; (2) the cost-effective utilization of existing publicly-funded educational, vocational, and other training programs; (3) coordination with other community service providers, including job developers; and (4) cost-effective and creative approaches to the utilization of transportation facilities. Prohibits participation in an approved project by a caretaker parent from resulting in any loss of eligibility or benefits under AFDC or any other public assistance program. Permits a State to make participation mandatory if: (1) it is necessary to operate a project in a cost-effective manner; (2) participants would not be disadvantaged financially or otherwise; and (3) children in need of assistance would not be disadvantaged. Provides that if any caretaker parent who is required to participate in a project refuses to undergo any education or training required by this Act or otherwise fails to participate in an approved demonstration project, without a reasonable basis for such refusal or failure as determined on medical, psychological, psychiatric, or other grounds by an appropriate licensed practitioner in accordance with regulations prescribed by the Secretary (subject to a State being granted a waiver): (1) such parent's needs shall not be taken into account in determining need under AFDC with respect to the parent's family; and (2) any AFDC payments shall be made in the form of protective payments. Requires each approved demonstration project to have a voluntary advisory group to assist in developing the program and in monitoring the project. Sets forth reporting requirements (including reports to the Congress). Requires each State in which a demonstration project is located to submit to the Secretary such information as the Secretary may require concerning a project. Women's Business Ownership Act of 1985 - Establishes the National Commission on Women's Business Ownership to review: (1) the status of women-owned small businesses nationwide; (2) the role of the Federal Government in aid to and the promotion of women-owned small businesses; (3) data collection procedures and the availability of data relating to women-owned businesses, women-owned small businesses, and small businesses owned and controlled by socially and economically disadvantaged women; (4) other Federal initiatives relating to women-owned small businesses, including those relating to Federal procurements; and (5) special impediments suffered by small businesses owned and controlled by socially and economically disadvantaged women. Directs the Commission to recommend: (1) new private sector initiatives which would provide management and technical assistance to women-owned small businesses; (2) ways to promote greater access to financing and procurement opportunities for such businesses; and (3) other measures relating to small businesses owned and controlled by socially and economically disadvantaged women. Terminates the Commission on the date that it transmits its final report to the President and to each House of the Congress. Authorizes appropriations. Title V: Tax Reform - Amends the Internal Revenue Code to provide that the zero amount for heads of households shall be the same as the zero bracket amount for joint returns and surviving spouses. Increases the amount of the earned income tax credit from 11 percent to 16 percent of the first $5,000 of earned income. Provides for a phaseout of such credit for taxpayers with adjusted gross incomes between $11,000 and $16,000. Provides that governmental payments shall be disregarded for purposes of determining support and maintenance of a household. Provides that any refund of Federal income taxes or advance payment made to an individual by reason of the earned income credit shall not be taken into account as income for purposes of determining eligibility for benefits or assistance under any Federal program or any State or local program financed in whole or part with Federal funds. Provides for cost-of-living adjustments for the amount of the earned income credit and the phase-out thresholds of such credit beginning in 1987. Allows a refundable income tax credit for: (1) employment related dependent care expenses; plus (2) expenses for the respite care of a dependent. Sets the amount of such credit at 50 percent of the sum of such expenses. Reduces such percentage (but not below 20 percent) by one percent for each full $2,000 amount by which the taxpayer's adjusted gross income exceeds $11,000. Provides for cost-of-living adjustments to such adjusted gross income amount. Limits the amount of employment-related expenses and respite care expenses which may be taken into account for purposes of such credit. Allows such credit for expenses incurred for the care of: (1) a dependent of the taxpayer who is under the age of 15; (2) a dependent of the taxpayer who is physically or mentally incapable of caring for himself; or (3) a spouse who is incapable of caring for himself. Repeals present provisions relating to the income tax credit for dependent care expenses necessary for gainful employment. Increases the amount individuals may contribute on behalf of their spouses for purposes of the deduction for retirement savings. Provides that no deduction from gross income shall be allowed to a taxpayer for entertainment expenses for food, beverages, lodging, or entertainment incurred in connection with a facility which discriminates on the basis of race, color, religion, sex, or national origin. Exempts facilities operated by a religious organization where access is limited to members of a particular religion. Treats dues and fees paid to discriminatory facilities as nondeductible expenses. Requires the submission of a statement to the Secretary of the Treasury that a facility not open to the public does not discriminate in order for amounts paid to such facility to qualify for the entertainment expense deduction. Requires the posting of a public notice in the facility stating the nondiscriminatory policy. Permits the Secretary to revoke the acceptance of the statement of nondiscrimination. Requires the taxpayer to report on his or her income tax return any amounts paid or incurred for food, beverages, lodging, or entertainment in any facility which is not open to the public or does not serve the public in order to deduct such amounts from gross income.
United States · United States Congress · 8 May 1985
Fair Share Minimum Tax Act of 1985 - Amends the Internal Revenue Code to provide for a single alternative minimum tax for both individuals and corporations. Imposes such tax on taxpayers having alternative minimum taxable income in excess of $70,000. Sets the amount of such tax at the excess of: (1) five-sixths of one percent for individuals or five-sixteenths of one percent for corporations for each $1,000 by which alternative minimum taxable income exceeds $70,000; over (2) the regular tax for the taxable year. Phases-out the deduction for individuals for alternative minimum tax itemized deductions by two percent for each $1,000 that minimum taxable income exceeds $100,000. Limits the itemized deduction for housing interest to interest paid for principal residences and allows an itemized deduction for State and local income and real property taxes. Repeals provisions relating to the present minimum tax on corporations. Modifies provisions relating to items of tax preference to provide that: (1) all depreciable property regardless of whether subject to a lease shall be included as a tax preference item; (2) present class life rather than accelerated cost recovery periods must be used for depreciable property; and (3) the net income offset for intangible drilling costs shall be disallowed. Adds as items of tax preferences for all taxpayers: (1) interest from newly issued tax-exempt securities; (2) gain on installment sales; (3) income attributable to life insurance, annuity, or endowment contracts; (4) net losses from activities in which an individual is not a material participant; and (5) certain deductions of life insurance companies. Provides that tax preferences which presently apply to personal holding companies shall apply to all corporations. Revises the method of calculating the tax preference for bad debt reserves and interest on debt to carry tax-exempt obligations for financial institutions. Adds as items of tax preference for corporations: (1) exempt foreign trade income; (2) deposits in, and earnings on, certain maritime construction funds; and (3) income received under completed contract accounting. Adds as items of tax preference for individuals: (1) untaxed portions of social security benefits; (2) earned income of citizens and residents living abroad; (3) the increase in nonforfeitable pension benefits; (4) the deduction for two-earner married couples; (5) health-related benefits excluded from gross income; and (6) employer contributions to group term life insurance. Revises requirements for the election to avoid minimum tax on qualified expenditures. Sets forth effective dates and transitional rules.
United States · United States Congress · 8 May 1985
Expresses the sense of the House of Representatives that the administration should comply with the automatic appropriation and earmarking provisions of the Wallop/Breaux Sport Fish Restoration Trust Fund. States that funds owed to the States from such Fund should not be withheld or delayed.
United States · United States Congress · 7 May 1985
Federal Trade Commission Authorization Act of 1985 - Amends the Federal Trade Commission Act to revise the definition of "unfair act or practice" to include any act or practice that causes or is likely to cause substantial injury to consumers. Defines "substantial injury" as not reasonably avoidable by consumers and not outweighed by countervailing benefits to consumers or competition resulting from the act or practice. Permits the court to review certain cease and desist orders made by the Federal Trade Commission (FTC). Authorizes the FTC to issue a notice of proposed rulemaking with respect to any unfair or deceptive act or practice or false advertisement only if it has issued two or more cease and desist orders or it believes a pattern of unfair and deceptive acts or practices or false advertisements exists. Extends the civil investigative demand procedures to the FTC's antitrust authority. Prohibits the FTC from studying, investigating, and prosecuting agricultural cooperatives for certain conduct. Provides for congressional review and veto of final rules promulgated by the FTC. Makes any such rule effective unless a joint resolution of disapproval is enacted into law within 90 days of the rule's submission. Authorizes appropriations for FY 1986 through 1988. Prohibits the FTC from intervening in the proceedings of any Federal or State agency without first notifying specified congressional committees at least 60 days in advance, or as soon as practicable. Directs the FTC to investigate the marketing of imitation Native American arts, crafts, and jewelry.
United States · United States Congress · 7 May 1985
Railroad Safety Improvement Act of 1985 - Directs the Secretary of Transportation, within 30 days of enactment of this Act, to issue a final rule or regulation to ensure the prevention of alcohol and drug use in railroad operations. Amends the Federal Railroad Safety Act of 1970 to direct the Secretary, within 180 days of enactment of this Act, to issue such rules, regulations, orders, and standards as necessary to: (1) ensure the safe maintenance, inspection, and testing of signal systems at rail-highway crossings; and (2) define qualification standards for employees who conduct railroad power brake and freight car inspections. Requires an inquiry into whether training standards are necessary for train dispatchers, with a report to the Congress, along with any recommendations. Requires the National Railroad Adjustment Board to resolve any dispute, grievance, or claim within 180 days after its filing with such Board. Authorizes the Board to award an aggrieved employee compensation equivalent to one year's pay, if the violation is a certain form of discrimination. Prohibits the Secretary from disclosing the name of any railroad employee who has provided information regarding alleged violations of railroad safety law. Exempts from this proscription disclosures made to the Attorney General for enforcement purposes. Authorizes a railroad employee to commence a civil action to compel the Secretary to perform an act related to enforcement under the Federal railroad safety laws, if such act is not discretionary, and if the failure to perform such act creates a danger of serious injury or death to such employee. Requires such action to be brought in the U.S. District Court for the District of Columbia, or the U.S. district court for the judicial district where the alleged violation occurred. Authorizes appropriations for FY 1986 and 1987 for: (1) Federal railroad safety provisions; (2) State safety programs; (3) research and development activities; and (4) rail planning for Toledo, Ohio. Directs the Secretary to evaluate the employee assistance program related to drug and alcohol abuse operated by the Consolidated Rail Corporation and report to the Congress on its effectiveness. Directs the Secretary to encourage the establishment of a private, nonprofit corporation, financially supported by individual railroad employees and companies, to support and promote specified items relating to alcohol and drug abuse assistance. Authorizes the Secretary to provide certain materials and office space if such corporation is established within 90 days after enactment of this Act.
United States · United States Congress · 6 May 1985
Nurse Education Act of 1985 - Amends the Public Health Service Act to reauthorize funds for FY 1986 through 1988 for the nursing special projects programs. Authorizes additional projects that demonstrate: (1) clinical nurse education programs which combine educational curricula and clinical practice; (2) methods to improve access to nursing services in non-institutional settings; and (3) methods to encourage nursing graduates to practice in health manpower shortage areas. Revises the advanced nurse training program to authorize grants and contracts for programs that lead to masters' and doctoral degrees and prepare nurses to serve as nurse educators, administrators, researchers, or to serve in clinical nurse specialties which require advanced education. Authorizes appropriations for such programs for FY 1986 through 1988. Authorizes grants and contracts for schools of nursing and other nonprofit entities to meet the costs of programs for the education of nurse practitioners and nurse midwives. Authorizes appropriations for FY 1986 through 1988. Extends the authority for traineeships for nurse anesthetists. Provides financial assistance to nurse anesthetist faculty members for advanced education. Directs the Secretary to set dates by which schools of nursing must file applications for Federal capital contributions. Describes how such appropriations are to be allotted. Revises the date for the distribution of loan fund assets. Provides for the repayment of a specified portion of the balance of the student loan fund within 90 days when a school terminates its participation in such program. Repeals specified provisions of such Act dealing with Federal construction grants and assistance. Provides for the recovery of Federal construction assistance where such facility is: (1) sold or transferred to an entity which is not a public or nonprofit school; (2) no longer used for the purpose for which it was constructed; or (3) used for sectarian instruction or as a place for religious worship. Allows the Secretary to waive Federal recovery rights for good cause.
United States · United States Congress · 2 May 1985
Veterans' Housing and Memorial Affairs Amendments of 1985 - Directs the Administrator of Veterans Affairs to report to the Congress a plan to expand the national cemetery system in at least ten areas with the greatest need. Directs the Administrator to consider acquiring existing State cemeteries to meet such need. Gives contingent dates for the submission of the first such report. Amends provisions concerning national cemeteries and memorials to require that each grave marker in a national cemetery be upright. Provides an exception for individuals requesting flat markers. Requires the Administrator, no later than January 1, 1986, to designate for each cemetery in the National Cemetery System a section for graves with upright markers and a section for graves with flat markers. Directs the Administrator to establish a national cemetery in Merced County, California, on land which is donated by the Romero Ranch Company. Authorizes the Administrator to assist certain disabled veterans in acquiring a residence already adapted with special features deemed necessary due to the veteran's disability. Expresses the sense of the Congress that the one-percent loan origination fee charged by the Veterans Administration (VA) to veterans obtaining a home loan guaranteed by the VA should not be increased. Directs the President to request additional appropriations if he finds that additional funding for the VA home loan guarantee program is required.
United States · United States Congress · 2 May 1985
Veterans' Compensation Benefits Amendments of 1985 - Directs the Administrator of Veterans Affairs to establish a regional office of the Veterans Administration (VA) in each State, while maintaining its central office in the District of Columbia. Adds the loss or loss of use of one hand or foot or one lung to those extremities given special consideration in the determination of veterans' disability compensation. Expresses the sense of the Congress that payments by the VA to veterans as compensation for service-connected disabilities should remain exempt from Federal taxation, and that the President should reject any proposals to tax such payments. Raises the coverage of life insurance benefits for veterans under the Servicemen's Group Life Insurance program. Allows veterans who are members of the Retired Reserve as of January 1, 1986, to receive such increased coverage. Makes conforming changes to the Veterans' Group Life Insurance program, similarly granting members of the Individual Ready Reserve and the Inactive National Guard eligibility under such program. Makes eligible for certain veterans' benefits members of the National Guard or Air National Guard who perform full-time duty for training purposes after September 30, 1985. Makes former members of the National Guard or Air National Guard eligible if such member continuously served in such status for 181 days or more. Extends through September 30, 1988, the authority of the VA to operate a regional office in the Republic of the Philippines. Entitles surviving spouses of the Commandant of the Coast Guard to the same dependency and indemnity compensation rate as that accorded to surviving spouses of the chief of the other military services. Makes technical amendments to the Veterans' Benefits Improvement Act of 1984 and other Federal law.
United States · United States Congress · 2 May 1985
Medicare Vision Reform Act of 1985 - Amends title XVIII (Medicare) of the Social Security Act to provide coverage for all services provided by a doctor of optometry. (Current law permits coverage for optometric services only if related to the condition of aphakia). Requires payment for optometric services to be made on the basis of an assignment.
United States · United States Congress · 30 April 1985
Comprehensive Alzheimer's Assistance, Research, and Education Act of 1985 - Title I : Amendment to the Public Health Service Act - Amends the Public Health Service Act to establish a National Alzheimer's Education Program to: (1) coordinate education and training programs of the National Institutes of Health (NIH), the Veterans Administration, other Federal entities, State and local governments, and private organizations; (2) establish an information clearinghouse; (3) provide information to health care providers, organizations, patients, and the general public; and (4) provide technical assistance to States and public and private organizations in the collection and dissemination of information. Authorizes appropriations for FY 1986 through 1988 for such purposes. Directs the Secretary of Health and Human Services to make grants to States to plan, establish, and operate programs to: (1) coordinate the development and operation of diagnostic, treatment, care management, respite care, legal counseling, and education services provided by public and private organizations within the State; (2) provide respite care to patients with Alzheimer's disease and related disorders; (3) provide information to health care providers, organizations, and the general public on treatment and related services for patients and their families; (4) coordinate the development and operation of continuing education for health care providers on the diagnosis, treatment, and care management of Alzheimer's disease and related disorders; (5) review State policies on the financing and reimbursement of health care costs for such patients; (6) review State nursing home regulations as they apply to such patients; and (7) coordinate with the National Alzheimer's Education Program. Limits Federal grants for such programs to the lesser of one half the cost or $1,000,000. Authorizes appropriations for FY 1986 through 1988. Directs the Secretary to establish a plan for a research program for the study of Alzheimer's disease and related disorders. Directs the Secretary to make grants and enter into contracts with public and private entities for ten to 20 Alzheimer's disease research centers. Authorizes appropriations for FY 1986 through 1988. Provides for the recovery from Alaska of Federal grants provided under the Public Health Service Act if within 20 years from the date of completion of a medical facility, such facility ceases to be a publicly owned facility operated for the care or treatment of patients under Alaska's mental health program. Title II: Medicare and Medicaid Research, Demonstrations, and Waivers - Directs the Secretary to conduct research, waiver, and demonstration projects under the Medicare and Medicaid provisions of the Social Security Act to determine the: (1) coverage of alternative methods of health care for patients with Alzheimer's disease and related disorders; (2) coverage of nursing home care; and (3) appropriate reimbursement levels for nursing homes with such patients. Title III: Report - Directs the Secretary to report to the Congress within two years after the date of enactment.
United States · United States Congress · 29 April 1985
Superfund Amendments of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to include petroleum when designated as a hazardous substance under the coverage of such Act, including any petroleum which is released from an underground storage tank. Establishes within Superfund the Leaking Underground Storage Tank Account for expenditures required for response actions for releases or threatened releases of petroleum which is designated a hazardous substance. Directs the Secretary of the Treasury to transfer eight and one-half percent of Superfund monies into such Account.
United States · United States Congress · 29 April 1985
Amends the Rail Passenger Service Act to authorize appropriations for the National Railroad Passenger Corporation (Amtrak) for FY 1986 and 1987. Establishes the National Railroad Passenger Corporation Financial Status Commission (the Commission) to study the financial performance of Amtrak, including its short-term and long-term capital needs, and alternative funding mechanisms. Requires the Commission to report to the Congress by a specified date regarding its findings and recommendations for legislation. Authorizes appropriations for FY 1986.
United States · United States Congress · 29 April 1985
Expresses the sense of the House of Representatives that the President should make the overvalued dollar, the U.S. trade deficit, and cooperative measures to redress such imbalances a priority at the Bonn Summit, West Germany, on May 2, 1985. Sets forth specified assurances and commitments the President should seek from participating governments to correct such imbalances. Requests the President to report to the Congress on the results of his efforts.
United States · United States Congress · 29 April 1985
Expresses the sense of the Congress that each State should develop a curriculum for instructing schoolchildren in the history of the Holocaust, including the history of the Nazi rise to power in Germany, the social and economic forces which were the foundations of Nazism, and the resulting horrors which were perpetrated against humanity by the Nazis.
United States · United States Congress · 25 April 1985
Expresses the sense of the House of Representatives that: (1) the Rural Electrification Program must continue to provide financing and technical assistance at reasonable cost; and (2) the people of the United States and Federal and State governmental agencies should commemorate the Rural Electrification Administration on its 50th anniversary.
United States · United States Congress · 24 April 1985
Korean War Memorial Act - Directs the Secretary of the Interior to erect and maintain a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. armed forces who served in the Korean War. Subjects the selected site, design, and plans for the construction of such memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission. Authorizes appropriations.
United States · United States Congress · 23 April 1985
Authorizes the President, on behalf of the Congress, to present a gold medal honoring George Gershwin to his sister, Frances Gershwin Godowsky, and a gold medal honoring Ira Gershwin to his widow, Lenore Gershwin. Directs the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 18 April 1985
Prohibits any agency of the government from obligating or appropriating funds for the production of lethal chemical weapons. Expresses the sense of the Congress that: (1) the President should intensify efforts to achieve agreement with the Soviet Union and other countries to stop the production, proliferation, and stockpiling of lethal chemical weapons; (2) the Department of Defense should protect the armed forces against the use of lethal chemical weapons in attacks; (3) an agreement with the North Atlantic Treaty Organization must be concluded on the prepositioning of any new chemical weapons; and (4) funding of new lethal chemical weapons is unwarranted in light of the Federal budget deficit.
United States · United States Congress · 18 April 1985
Expresses the sense of the Congress that the President should cancel his planned visit to the Bitburg Cemetery out of respect for the millions who suffered and died at the hands of the SS and the Nazis.
United States · United States Congress · 17 April 1985
Food Assistance and Africa Agriculture Act of 1985 - Title I: Authorization of Appropriations - Amends the Foreign Assistance Act of 1961 to authorize appropriations for: (1) the International Fund for Agricultural Development; and (2) the International Fund for Agricultural Development for its Special Program for Sub-Saharan Countries Affected by Drought and Desertification for each of FY 1986 through 1989. Title II: Appropriations for Fiscal Year 1986 - Makes appropriations for FY 1986 for: (1) expenses for agricultural commodities supplied in connection with dispositions abroad pursuant to the famine relief provisions of the Agricultural Trade Development and Assistance Act of 1954; and (2) the U.S. contribution to the International Fund for Agricultural Development and for the Fund's Special Program for Sub-Saharan Countries Affected by Drought and Desertification.
United States · United States Congress · 15 April 1985
Directs the Federal Trade Commission to issue a rule under the Federal Trade Commission Act regarding unfair and deceptive acts and practices by life care homes. Instructs the Commission to consider including requirements regarding the following: (1) the disclosure to prospective and current residents of specified financial and contractual plans, obligations, and dealings; (2) the definition of advertising practices which are unfair and deceptive and actions to be taken by life care homes to prevent such practices; and (3) the use of readily understandable terms in life care contracts. Requires the Commission to include a statement of the reasons why any such requirement is not included in the rules issued pursuant to this Act. Directs the Commission to study unfair and deceptive acts and practices engaged in by nursing homes and report such findings to the Congress.
United States · United States Congress · 15 April 1985
Landfill Gas Collection and Reclamation Act of 1985 - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to establish specific guidelines for landfill gas control which: (1) protect human health and the environment; (2) require facilities required to retrofit to also include gas collection devices in their pollution collection systems; (3) provide for the recovery of energy and materials from methane and other gas emitted from such facilities which are combustible; and (4) provide exemption standards where such guidelines would be inefficient and impractical. Requires State solid waste management plans to comply with the landfill gas control guidelines. Requires the Administrator to review State plans approved before these guidelines become effective, withdrawing approval if such plans do not conform with these requirements. Requires sanitary landfills receiving putrescible waste to comply with such guidelines to retain such status. Grants the Administrator enforcement authority against noncomplying States.
United States · United States Congress · 4 April 1985
Nurse Education Act of 1985 - Amends the Public Health Services Act to reauthorize funds for FY 1985 through 1988 for the nursing special projects program. Authorizes additional projects that demonstrate: (1) clinical nurse education programs which combine educational curricula and clinical practice; (2) methods to improve access to nursing services in non-institutional settings; and (3) methods to encourage nursing graduates to practice in health manpower shortage areas. Revises the advanced nurse training program to authorize grants and contracts for programs that lead to masters' and doctoral degrees and prepare nurses to serve as nurse educators, administrators, researchers, or to serve in clinical nurse specialties which require advanced education. Authorizes appropriations for such programs through FY 1987. Authorizes grants and contracts for schools of nursing and other non-profit entities to meet the costs of programs for the education of nurse practitioners and nurse midwives. Authorizes appropriations for FY 1986 through 1988. Authorizes grants to schools of nursing for post-baccalaureate fellowships for faculty to: (1) investigate cost-effective alternatives to traditional health care modalities; and (2) examine nursing interventions that result in positive outcomes in health status. Authorizes appropriations for FY 1986 through 1988. Extends the authority for traineeships for nurse anesthetists. Provides financial assistance to nurse anesthetist faculty members for advanced education. Directs the Secretary to set dates by which schools of nursing must file applications for Federal capital contributions. Describes how such appropriations are to be allotted. Revises the date for the distribution of loan fund assets. Provides for the repayment of a specified portion of the balance of the student loan fund within 90 days after a school terminates its participation in such program. Repeals specified provisions of such Act dealing with Federal construction grants and assistance. Provides for the recovery of Federal construction assistance where such facility is: (1) sold or transferred to an entity which is not a public or non-profit school; (2) no longer used for the purpose for which it was constructed; or (3) used for sectarian instruction or as a place for religious worship. Allows the Secretary to waive Federal recovery rights for good cause.
United States · United States Congress · 4 April 1985
Marine Fisheries Improvement Act of 1985 - Repeals the provisions of the Magnuson Fishery Conservation and Management Act which excluded highly migratory species of fish from the exclusive fishery management authority of the United States. Requires any owner and operator of a foreign fishing vessel intending to fish within the fishery conservation zone to submit to the Secretary of Commerce a schedule of fishing for every three months, submitted at least 30 days in advance. Requires immediate notification to the Secretary of any changes or variances from such submitted fishing schedules. Prohibits the Secretary from approving a permit for a foreign vessel to fish if the facilities on such vessels for quartering a U.S. observer are so inadequate or unsafe that the health or safety of the observer would be jeopardized. Requires each regional fishery management council to have a representative number of commercial and recreational fishermen including at least one practicing commercial fisherman. Requires contents of fishery management plans to be submitted to the Executive Director of that area's fishery management council, as well as to the Secretary. Requires the same confidentiality of the Executive Director with submitted statistics as is required of the Secretary. Requires any fishery management plan submitted to include certain specified information concerning the habitat involved. Allows such information to be excluded from such plans when habitat conservation, restoration, maintenance, and enhancement is not a significant factor in such plan. Requires recommendations concerning habitat conservation or enhancement to be responded to by the Secretary or other appropriate Federal officials within 60 days of receipt. Requires the Secretary to establish and implement a formal regional habitat planning and coordination process which would identify fishery resources of importance and the major habitat threats to such resources. Requires the Secretary, not less than every three years, to publish the result of the regional processes. Requires the establishment, in a fishery zone having limited access in order to achieve optimum yield, of a dislocation compensation program which compensates fishing vessel owners for the loss or reduction of livelihood caused by the limited access. Establishes in the Treasury the Fisheries Dislocation Compensation Fund to be used for payments made by the dislocation compensation program. Prohibits the Secretary from assessing a final civil penalty for violations which is greater than the penalty first assessed by written notice unless a significant change in information or circumstances occurs. Extends the authorization of appropriations under the Magnuson Fishery Conservation and Management Act through FY 1990.
United States · United States Congress · 4 April 1985
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide coverage for outpatient occupational therapy services.
United States · United States Congress · 4 April 1985
Renewable Energy and Conservation Transition Act of 1985 - Title I: Extension of Business Energy Credits - Amends the Internal Revenue Code to extend the energy investment tax credit for solar energy property from 1985 to 1990. Sets the amount of such credit during such period at 15 percent for low temperature solar property and 25 percent for all other solar property. Extends the energy investment tax credit for wind property from 1985 to 1988. Sets the amount of such credit at: (1) ten percent during 1986 and 1987; and (2) five percent during 1988. Extends the energy investment tax credit for geothermal property and biomass property from 1985 to 1988. Extends the energy investment tax credit for ocean thermal property from 1985 to 1990. Revises the definition of "solar property" for purposes of such tax credit. Sets forth special rules for geothermal equipment to qualify for such credit. Title II: Affirmative Commitment Rule to Extend the Business Credit for Certain Long-Term Projects - Extends the time period during which an affirmative commitment must be made in order for long-term energy projects to be eligible for the energy investment tax credit. Allows such extension: (1) from 1990 to 1993 for solar energy property; (2) from 1988 to 1990 for geothermal energy property; and (3) from 1985 to 1990 for hydroelectric generating property. Title III: Extension of Residential Energy Credits - Extends the residential energy income tax credit for solar renewable energy property from 1985 to 1990. Phases out such credit over such period of time. Provides that solar hot water systems and active space heating systems must meet certain additional standards in order to qualify for such credit. Extends the residential energy income tax credit for wind renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Extends the residential energy income tax credit for geothermal renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Revises the definition of geothermal deposits for purposes of such credit. Revises the definition of energy conservation expenditures for purposes of the residential energy income tax credit to limit the amounts taken into account to $700. Limits the energy conservation income tax credit to taxpayers with an adjusted gross income of less than $30,000. Title IV: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 3 April 1985
Hazardous Waste Safety and Technology Incentive Act of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) to require each State to develop and adopt a plan to assure the availability of adequate capacity to treat or dispose of all hazardous waste reasonably anticipated to be generated in such State during the next 20 years. Requires such plans to include timetables and schedules for the construction and operation of treatment and disposal facilities. Requires emissions standards for such facilities to conform with applicable State and Federal laws and to be sufficient to protect human health and the environment. Prohibits the construction or operation of new landfills. Requires the Administrator of the Environmental Protection Agency's (EPA) approval of such plans within two years. Provides for resubmittal of rejected plans. Prohibits the expenditure of Superfund monies for remedial action after four years if a State is not in compliance with an Administrator-approved plan. Amends the Solid Waste Disposal Act to prohibit the issuance of a hazardous waste facility permit unless the owner or operator of the facility enters into a siting agreement with the Administrator specifying the terms and conditions applicable to such facility, including construction, maintenance, monitoring procedures, and a relationship with and financial obligation to the local government. Amends Superfund to direct the Administrator to establish a national research and development program to develop advanced technologies to reduce the risks associated with hazardous waste disposal. Sets forth the components of such program. Limits the amount of available appropriations which may be used. Directs the Administrator to establish a Coordinated Permit Review Office within each regional office of EPA to accelerate the concurrent review of all hazardous waste treatment or disposal facility projects requiring agency permits as they relate to the nation's air, water, and land. Directs such Office to: (1) assist in identifying the appropriate permits needed for a site; (2) convene meetings to determine the scope of and issues raised by a proposed project; and (3) assist the applicable government agencies in working with the applicant. Authorizes the Administrator to guarantee loans for projects for the acquisition, construction, or installation of hazardous waste recycling or treatment equipment. Limits such loans to fixed percentages of total indebtedness or capital costs and restricts them to the private sector. Requires eligible projects to control emissions sufficiently to protect human health and the environment and meet applicable Federal and State air and water quality standards and conditions on land disposal. Makes landfill solutions ineligible for such guarantees. Grants priority to technologies which satisfy specified requirements of the Solid Waste Disposal Act. Requires recipients of such guarantees to report annually to the Administrator. Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to make grants to at least five States for demonstration programs for ensuring and improving enforcement of the requirements of such Act. Requires such States to: (1) complete the program within the year; (2) have adequately trained personnel; (3) establish a Federally-compatible system for collecting data relating to the transportation of hazardous materials and enforcement actions; and (4) establish meaningful penalties for violations. Requires the Secretary to report to the Congress and each participating State within two years. Authorizes appropriations. Directs the Director of the Federal Emergency Management Agency, acting through the Office of State and Local Assistance for Hazardous Materials Emergencies, to: (1) provide technical and financial assistance to States and local governments and for regional planning for emergency preparedness relating to accidents involving the transportation of hazardous materials; (2) be an information clearinghouse on accident response methodology; and (3) coordinate Federal emergency response programs. Requires the Director to establish the Office of State and Local Assistance for Hazardous Waste Emergencies to carry out such requirements. Authorizes appropriations.
United States · United States Congress · 3 April 1985
Defense Environmental Restoration Act of 1985 - Subjects facilities under the jurisdiction of the Secretary of Defense to the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund). Exempts the Secretary from the financial responsibility requirements. Prohibits the delegation to the Secretary of any response authority under such Act, requiring such authority to remain with the President or the Administrator of the Environmental Protection Agency (EPA) as appropriate. Permits the designation of the Secretary and other Department of Defense (DOD) officials as natural resources trustees under such Act. Authorizes the Administrator to delegate other authorities to the Secretary or DOD officials if it would be cost-effective except the authority to approve remedial action at a site on the National Priorities List (NPL) in a nonemergency situation. Authorizes the President to issue response action orders as necessary to protect the national security. Directs the Secretary to establish within the Office of the Secretary an office to implement the Defense Environmental Restoration Program which includes investigating and cleaning up contamination from hazardous substances and correcting environmental damage. Directs the Secretary to carry out response actions with respect to releases of hazardous substances from sites and vessels under the Secretary's jurisdiction. Excludes response actions which do not result in a new facility from military construction requirements. Permits removal or remedial action by another responsible party. Directs the Secretary to pay all fees and charges imposed by State and local authorities for storage and/or disposal of hazardous substances on lands under the jurisdiction of the Secretary. Authorizes the Secretary to implement the administrative abatement authorities where there may be an imminent and substantial endangerment to public health or the environment from a DOD controlled facility. Authorizes appropriations for FY 1986 through 1990 to carry out the restoration program. Makes available to the Secretary amounts recovered from responsible parties for response actions of the Secretary. Authorizes the Secretary to settle claims under CERCLA up to a specified amount. Authorizes appropriations for FY 1986 through 1990 for emergency removal actions where the release or threatened release of any hazardous substance presents an imminent and substantial endangerment to the public health or environment. Limits the per-site expenditure unless the Secretary and the Administrator agree that continued response actions are required in an emergency-type situation. Requires each emergency removal action to be completed within six months if possible or within 18 months at the outside. Requires the Secretary to notify the Congress within 15 days of obligating emergency funds. Authorizes the Secretary to use facility maintenance funds for response actions, including emergency actions. Authorizes the Secretary to utilize the services of any other Government agency on a reimbursable basis to carry out this Act. Directs the Secretary to establish a research, development, and demonstration program regarding hazardous waste management, including cost-effective strategies and technological innovation. Authorizes appropriations for FY 1986 through 1990. Directs the Secretary to notify the Administrator of the Agency of Toxic Substances and Disease Registry (ATSDR) within one year of this Act's enactment of the 25 hazardous substances most frequently used at DOD facilities for which no standard or water quality criteria are in effect under the other Federal environmental and water quality statutes. Requires ATSDR to prepare profiles on such substances within one year of receiving the funds to do so. Authorizes appropriations. Directs the Secretary to keep the regional EPA offices and the appropriate State and local authorities informed about any hazardous substance releases or proposed response actions occurring at a DOD site within their area. Requires that such notice be made prior to taking a response action in nonemergency situations. Directs the Secretary to establish a Technical Review Committee of such authorities whenever possible to review and comment on DOD proposals. Requires the Secretary to provide an opportunity for public participation before adopting a plan for remedial action at any DOD site on the NPL. Directs the Secretary to report annually to the Congress on the implementation of this Act, including a statement for each site and its hazardous substances, the response actions taken or proposed, and the costs involved. Directs the Secretary to provide the Congress with information on military construction projects in the budget attributable to environmental restoration programs. Requires military construction authorizations to separately set forth the amount requested for environmental restoration for each military department and defense agency. Authorizes the Secretary to carry out otherwise unauthorized emergency construction for hazardous substance response actions up to a specified amount and after congressional notification.
United States · United States Congress · 3 April 1985
American Footwear Industry Recovery Act of 1985 - Limits the imports of nonrubber footwear into the United States to 450,000,000 pairs per 12 month period for eight years. Directs the Secretary of Commerce (the Secretary) to allocate the import limitations among foreign countries, taking into consideration: (1) average levels of imports for the period 1978 through 1982; (2) findings of unfair trade practices with respect to nonrubber footwear products; (3) recent market trends; and (4) such other considerations as the Secretary deems appropriate. Directs the Secretary and the Secretary of the Treasury to take all necessary actions to enforce this Act. Authorizes the Secretaries to issue such implementing regulations as necessary to effect the purposes of this Act and to enforce its provisions.
![Official portrait of Rep. Florio, James J. [D-NJ-1]](https://www.congress.gov/img/member/dfda094a48c87dccd97fd47288d44ac3_200.jpg)