United States · United States Congress · 20 March 1985
Asbestos Workers' Recovery Act - Title I: Supplemental Benefits - Establishes a Federal supplemental benefit program for death or disability caused by occupational exposure to asbestos. Provides guidelines for: (1) the calculation of benefits in proportion to disability; (2) payment methods; and (3) payment priorities. Exempts such supplemental benefits from: (1) any tax or legal process; and (2) any offset for administrative benefits under State or Federal law. Sets guidelines for the offset of supplemental benefits where reorganization or liquidation proceedings occur under Federal bankruptcy laws. Makes supplemental benefits payable only out of the Asbestos-Related Disease Trust Fund established by this Act. Conditions eligibility for supplemental benefits upon such benefits' being the exclusive remedy of an individual for occupational exposure to asbestos. Prescribes guidelines for the filing and payment of asbestos-related disease claims. Directs the Secretary of Health and Human Services (the Secretary) to apply by analogy specified portions of the Social Security Act when making determinations of: (1) entitlement to benefits; (2) review of claims; and (3) delegations of authority to State agencies. Directs the Secretary of Labor, in consultation with the Secretary, in determining eligibility for a supplemental benefit under this Act, to determine annually the average weekly wage for manufacturing workers in each State. Requires such determinations to govern decisions regarding all claims filed in the following calendar year. Requires the Secretary to rely upon: (1) prior court decisions regarding a claimant; and (2) prior determinations by the appropriate workers' compensation program regarding specified eligibility criteria. Specifies exceptions. Requires the Secretary to apply the appropriate workers' compensation law when reviewing supplemental benefit claims. Creates within the Department of Health and Human Services the National Medical Panel on Asbestos-Related Diseases to: (1) decide which diseases belong to the list of asbestos-related diseases; (2) review claims to determine whether a person's disease was caused by asbestos exposure; and (3) publish certain Medical Assessment Guidance Documents. Provides guidelines for the appointment of medical scientists to the Panel from certain organizations. Directs the Panel to promulgate a list of asbestos-related diseases and to provide explanations of any decisions to include or omit a disease from such list. Outlines conditions under which the Panel shall review claims for asbestos-related diseases which do not appear on the panel's list of diseases. Requires the Panel to determine within a specified time whether the disease in the referred claim should be included on such list. Requires the Panel to publish Medical Assessment Guidance Documents including specific medical diagnostic criteria to aid parties and decisionmakers determine whether a death or disability was caused by occupational exposure to asbestos. Title II: Finance - Prescribes guidelines under which: (1) assessments are imposed against each asbestos defendant; (2) assessment allocating factors are assigned to asbestos defendants; (3) assessments are imposed against asbestos insurance policies; and (4) assessments are imposed against companies undergoing Federal bankruptcy proceedings. Sets the aggregate semiannual assessment on defendants on June 30 and December 31 of 1985 and 1986 at $150,000,000. Sets forth formulas for determining the aggregate semiannual assessment on each assessment due date in 1987 and thereafter. Imposes interest upon assessments not paid by the due date. Requires the Secretary of the Treasury to: (1) conduct studies determining assessment allocation factor amounts and assessment apportionment ratios; and (2) promulgate compliance regulations. States that assessment payments do not prejudice the right to recover or challenge such payments. Treats asbestos-related disease assessments imposed upon either an asbestos defendant or an asbestos insurance policy, for Federal income tax purposes, as ordinary and necessary expenses incurred in carrying on the trade or business, on the one hand, and insurance contract losses, on the other. Treats asbestos-related disease assessments as miscellaneous excise taxes. Establishes in the Treasury the Asbestos-Related Disease Trust Fund (the Trust Fund). Details the manner in which such Trust Fund shall be funded and administered. Makes the Secretary of the Treasury the Managing Trustee, and delineates trustee functions. Provides for repayable initial advances and repayable cash flow advances to the Trust Fund during specified periods of FY 1985. Authorizes appropriations for FY 1986 and subsequent fiscal years for the Trust Fund. Establishes within the Department of the Treasury the Asbestos-Related Disease Trust Fund Conservation Committee (the Committee) comprised of the Managing Trustee and five public members appointed by the President. Includes among the consultation and review functions of such Committee: (1) claim disposition; (2) grant and contract awards; and (3) claims and assessments analysis. Directs the Committee to submit an annual report to the Congress regarding the performance of its responsibilities. Authorizes the Committee, with the advice and assistance of the Secretary of Labor, to instruct the Managing Trustee to award grants and contracts to specified organizations for the purpose of: (1) improving State workers' compensation programs; (2) assuring the availability of medical specialists to assist government agencies; (3) establishing medical evaluation units to determine occupational sources of asbestos-related diseases; and (4) medical treatment research. Title III: Miscellaneous - Makes the supplemental benefits under this Act and the applicable workers' compensation programs the exclusive remedy for occupational exposure to asbestos. Exempts certain persons from liability for occupational exposure to asbestos. Removes jurisdiction from State or Federal tribunals to adjudicate any claim of liability for occupational exposure to asbestos after enactment of this Act. Confers jurisdiction for judicial review of administrative acts under this Act only upon the United States Court of Appeals for the District of Columbia Circuit. Confers jurisdiction for questions of assessments and constitutionality under this Act only upon a special three-judge district court established in the District Court for the District of Columbia. Requires all administrative costs and expenses of this Act to be paid out of the Trust Fund. Directs the Secretaries of Health and Human Services, Labor, and the Treasury, and the Attorney General to submit an analysis and certification of their respective costs under this Act to the Managing Trustee for reimbursement.
United States · United States Congress · 20 March 1985
Ethnic and Minority Affairs Broadcasting Clearinghouse Act of 1985 - Amends the Communications Act of 1934 to establish the Ethnic and Minority Affairs Clearinghouse within the Federal Communications Commission. Directs the Clearinghouse to: (1) establish a clearinghouse for complaints about the portrayal of ethnic and minority groups in radio and television broadcast programming; (2) collect and disseminate information about such portrayal; (3) conduct an annual conference to draw public attention to such portrayal; (4) submit to the Congress an annual report on its activities, including a compilation of all complaints received; and (5) provide information to the Commission.
United States · United States Congress · 20 March 1985
Expresses the sense of the Congress that the provisions of the Internal Revenue Code relating to installment sales and the regulations relating to such sales should not be modified or amended in any way that will alter the manner in which mortgage-backed builder bond transactions are currently taxed.
United States · United States Congress · 19 March 1985
Textile and Apparel Trade Enforcement Act of 1985 - Limits the total quantity of 1985 imports of textiles and textile products from a major exporting country to the lesser of an amount equal to 101 percent: (1) of the total quantity of textile products imported from such country if the total had increased by six percent annually (one percent annually for wool products) during 1981 through 1984; or (2) if the United States has an agreement with such country providing for an annual growth rate of less than six percent, of the total quantity of such products from such country imported during 1984. Limits the total quantity of 1985 imports of textiles and textile products from an exporting country to an amount equal to the total quantity of such products imported from such country during 1984 plus: (1) 15 percent of such quantity in the case of a category that is not an import sensitive category; or (2) one percent in the case of an import sensitive category. Provides for changing the classification of a country, except for a Caribbean country, from an exporting country to a major exporting country if the total textile imports from such country equals or exceeds one and one-quarter percent of all textiles imported into the United States. Sets forth a formula for adjusting the growth of textile imports annually. Sets forth certain minimum quantities of textile imports that all countries shall be allowed to export to the United States. Requires the Secretary of Commerce to enforce this Act. Directs the Secretary, within six months of enactment of this Act, to establish an import licensing system under which an importer of textiles will be required to present an import permit as a condition of entry of such textiles. Directs the President to report to the Congress annually on the administration of this Act.
United States · United States Congress · 19 March 1985
Amends the Federal Employees Flexible and Compressed Work Schedules Act of 1982 to make permanent the authority of Federal agencies to use flexible and compressed work schedules.
United States · United States Congress · 19 March 1985
Inland Waterways Development Act of 1985 - Amends the Inland Waterways Revenue Act of 1978 requiring transfer to the Inland Waterways Trust Fund amounts equivalent to the revenue from the tax on fuel used in commercial transportation on inland waterways and the user fees on vessels in such transportation previously equivalent only to the tax on fuel). States that the funds derived from the fuel tax shall be expended for new construction of navigational features on inland and intracoastal waterways described in this Act. Requires funds derived from the user fees to be expended on Federal navigation projects in such waterways and to pay the costs of collecting such fees. Directs the Secretary of the Army to transfer a portion of the trust fund to the Tennessee Valley Authority. Redefines the inland and intracoastal waterways of the United States to consist of specified waterways. Amends the Internal Revenue Code to impose a user fee on vessels used in commercial waterway transportation. Excludes the following from liability for such fees: (1) vessels not engaged in commercial activity which are owned or under the control of the United States or another nation; (2) vessels used by a State or political subdivision; and (3) vessels engaged in dredging activities. Creates the Inland Waterways Users Board. Describes the Board's composition and duties. Authorizes the Secretary to study, plan, design, construct, operate, and maintain new improvements and rehabilitations and modifications of existing improvements on specified waterways. Directs the Secretary to submit to the Congress a final environmental impact statement and a statement of compliance with the Clean Water Act, the Fish and Wildlife Coordination Act, and other laws before the initiation of such plans. States that such improvements shall be eligible for appropriations and may be undertaken unless a Joint Resolution disapproving the environmental impact statement becomes law within 180 days. Declares that claims brought regarding work authorized by such plans may be filed only in a U.S. district court for the district in which the work is located or the injury occurs. Declares that injunctive relief may not be granted unless specified conditions are met. Authorizes the following improvements: (1) Gallipolis locks and dams, Ohio River, Ohio and West Virginia; (2) White River Navigation to Batesville, Arkansas; (3) Bonneville Lock and Dam, Columbia River Oregon and Washington; (4) Atlantic Intracoastal Waterway Bridges, North Carolina; and (5) locks and dams 5 through 14, Kentucky River, Kentucky.
United States · United States Congress · 19 March 1985
Water Resources Development Act of 1985 - Title I: Ports and Harbors Development and Cost Sharing - Sets the non-Federal share of maintenance and operation costs for port or harbor improvement projects after October 1, 1985, at 100 percent, except for projects with a depth of 14 feet or less (or of more than 14 feet but with an annual commercial tonnage of less than 1,000,000 tons), for which the non-Federal share shall be 70 percent. Directs the Secretary of the Army (the Secretary) to assign the operation and maintenance costs of common navigation improvements to each port and harbor which benefits from them. Directs the Secretary to: (1) publish an annual listing in the Federal Register of all port or harbor improvement projects; and (2) notify the project sponsor for each port or harbor improvement project of the Federal and non-Federal share of anticipated operation and maintenance costs for such project. Sets at 70 percent the non-Federal share of certain post-authorization costs of port or harbor improvement projects where the depths are 45 feet or less. Prescribes a formula to determine the non-Federal share of such costs for projects of depths of more than 45 feet. Requires a project sponsor to enter into a written agreement with the Secretary to provide the non-Federal share of costs for port or harbor improvement projects before the initiation of any Federal operation or construction after October 1, 1985. States that all amounts provided by project sponsors shall be deposited in the Treasury as part of the Rivers and Harbors Contributed Fund. Appropriates such funds to the Secretary without fiscal year limitation for port or harbor improvement projects. Requires project sponsors to provide traditional local cooperation requirements regarding port or harbor improvement projects. Requires the costs of such requirements to be credited toward the non-Federal share of certain costs. Authorizes any project sponsor to collect user fees from vessels using the improved port or harbor facilities in order to recover the non-Federal share of the costs incurred for such facilities. Requires such fees to be: (1) established after a public hearing has been held; and (2) collected in accordance with a fee schedule which has been approved by the Secretary. Exempts certain vessels from such fee requirement. Establishes the Port and Harbor Improvement Task Force (composed of the Secretaries of the Treasury, the Interior, Commerce, Agriculture, Transportation, the Administrator of the Environmental Protection Agency, and certain non-Federal members) to make recommendations to the Secretary regarding port or harbor improvement projects. Authorizes the Secretary to study the feasibility of port or harbor improvement projects if the Chief of Engineers determines, on the basis of a reconnaissance study, that the feasibility study will likely result in a justifiable project. Requires the Secretary, before initiating a planned port or harbor improvement project, to submit to the Congress: (1) a final environmental impact statement if the Secretary determines it is required under certain laws; and (2) a statement of the Secretary's compliance with specified statutory requirements applicable to the planned improvement. Confers original jurisdiction upon Federal district courts to hear claims alleging that planned port or harbor improvements violate either the Constitution or Federal or State laws. Requires the Secretary to publish in the Federal Register the written notice of intent submitted by a non-Federal public body regarding its plans to construct a port or harbor improvement project. Prescribes guidelines for a memorandum of agreement to be entered into by the Secretary and certain Federal and non-Federal agencies regarding the proposed construction. Exempts specified waterways from the provisions of this title, including improvements administered by the Saint Lawrence Seaway Development Corporation. Authorizes and adopts specified public improvement works to be prosecuted by the Secretary. Subjects the total Federal and non-Federal estimated costs to the cost-sharing provisions of this title. Title II: Other Water Resources Cost-Sharing - Provides that the construction or implementation of Corps of Engineers (the Corps) water or related land resources projects which have been authorized before enactment of this Act shall be initiated only after non-Federal interests have entered into binding agreements with the Corps regarding payments and sharing of certain associated costs. Sets forth the non-Federal share (ranging from 35 to 100 percent) for specified kinds of projects. States that if the project sponsor fails to pay its required share of such costs, the Secretary shall: (1) terminate or suspend work (unless the project is determined to be necessary); and (2) adjust or terminate the rights and privileges of the project sponsor to project outputs. States that the non-Federal share of implementation costs shall be paid in cash or in-kind during the construction phase. Provides that project expenditures by the non-Federal interest for certain natural disasters shall be consistent with its ability to pay at the time the expenditures are made. Requires the non-Federal interest to contribute one-half of the cost of any feasibility studies for certain water resources studies prepared by the Secretary. Requires a reconnaissance analysis to be completed at full Federal expense prior to such feasibility study. Title III: Project Authorizations - Authorizes the Secretary to prosecute specified waterways improvement projects for flood damage reduction and for fish and wildlife mitigation. Subjects such projects to the cost-sharing provisions of Title II of this Act. Title IV: Project Provisions - Terminates the authorization for the Lake Brownwood Modification Project, Pecan Bayou, Texas. Authorizes appropriations for the prosecution of the comprehensive development plan of specified river basins. Includes in such appropriation the sums necessary to complete local flood protection in the Columbia River Basin. Authorizes the Secretary to: (1) to permit water delivery from the District of Columbia water system to any competent governmental entity in suburban Maryland requesting such delivery; and (2) purchase water from any competent governmental entity in Maryland or Virginia that has completed a connection with the District of Columbia water system at the time of purchase. Authorizes the Secretary to relocate the boundaries of the City Waterway, Tacoma Harbor, Washington, in accordance with the provisions of a certain report. Title V: General Provisions - States that if an entity proposes as project sponsor to provide the non-Federal share of a hydroelectric project or facility, the Secretary of the Army is authorized to enter into agreements with it and with the Secretary of Energy to deliver surplus electric power generated at such facility to the sponsor. Authorizes the Secretary of Energy to provide services and facilities in connection with the transmission of such hydroelectric power on a reimburseable basis and to provide equivalent electric power. Authorizes the Secretary of the Army to develop hydroelectric generating facilities at any Department of the Army water resources development project if the Secretary determines it is not advisable for a non-Federal entity to develop such a facility under the Federal Power Act. Authorizes the Secretary to develop hydroelectric power generating facilities on behalf of non-Federal interests at certain Department of the Army water resources development projects where hydropower is not authorized. Subjects such development to the provisions of the Federal Power Act. Amends the Flood Control Act of 1979 to: (1) require that where the non-Federal interest is the State itself, the Secretary's agreement shall provide that the State shall be liable for damages to the United States resulting from its failure to provide funds as part of its requirements of local cooperation; and (2) repeal the requirement that the Secretary report annually to the Congress regarding the status of agreements concerning flood control projects. Amends the Water Resources Development Act of 1974 to: (1) make technical and conforming changes; (2) deauthorize certain waterway improvement studies if no funds are obligated for such study within the five-year period preceding the determination; and (3) require the Secretary to report to the Congress any water resources project which is no longer in the public interest. Abolishes the California Debris Commission and transfers its remaining functions to the Secretary. Amends the River and Harbor Act of 1968 to condition the Secretary's authority to implement measures for the prevention or mitigation of shore damages attributable to Federal navigation works upon agreement by a non-Federal public body to operate and maintain such measures. Declares that the costs of implementing such measures shall be shared in the same proportion as the cost-sharing provisions applicable to the project causing the shore damage. Amends the River and Harbor Act of 1899 to make the owner, lessee or operator of an abandoned sunken water-faring vessel jointly and severally liable for certain removal and disposal costs incurred by the United States. Authorizes the Secretary to dispose of Federally-owned dredging vessels or equipment in various specified ways. Prohibits the disposal of such vessels for the purpose of engaging in dredging activities in the United States. Authorizes the Chief of Engineers, under the supervision of the Secretary of the Army, to accept orders to provide services to a State or local government on a reimbursable basis. Sets conditions for such services. Increases from $250,000 to $500,000 the maximum amount permitted for: (1) flood control expenditure by the Secretary of the Army for any single tributary for any one fiscal year; and (2) preventive damage control to specified public services and structures affected by flood possibilities. Increases from $4,000,000 to $4,500,000 the maximum amount allotted for small projects for flood control at any single locality. Increases from $2,000,000 to $3,500,000 the maximum amount allotted for small river and harbor improvement projects at any single locality. Increases from $1,000,000 to $3,000,000 the maximum amount allotted for any single small shore and beach restoration and protection project which meets specified conditions. Authorizes the Secretary in time of declared war or national emergency to: (1) terminate or defer work on any Department of the Army civil works project deemed not essential to the national defense; and (2) apply the resources of the civil works program to civil defense projects essential to the national defense. Requires the Secretary to immediately notify the appropriate congressional committees of such actions. Increases from $100 to $50,000 the fine to which shipowners and their agents are liable if they do not furnish certain information required by the Secretary. Authorizes the Secretary to assess a civil penalty up to $25,000 for failure to provide timely and accurate required statements. Amends the Flood Control Act of 1968 to repeal the requirement that user fees be charged at public recreation areas located at lakes and reservoirs under the jurisdiction of the United States Army Corps of Engineers.
United States · United States Congress · 19 March 1985
Amends the Federal criminal code to prohibit engaging in, or furnishing money, goods, or services with the intent of assisting any group to engage in, military or paramilitary operations in a foreign country if there is a statutory prohibition against U.S. covert assistance to military or paramilitary operations in that country.
United States · United States Congress · 19 March 1985
Amends the Railroad Retirement Act of 1974 to allow a retired railroad worker to be employed in any non-railroad employment and still qualify for an annuity, subject to specified deductions, including reduction of certain benefits by $1 for every $2 earned from the last non-railroad employment.
United States · United States Congress · 7 March 1985
Polygraph Protection Act of 1985 - Prohibits any employer from using any lie detector test or examination in the work place, for both pre-employment testing and testing in the course of employment. Requires the Secretary of Labor to prepare and have printed notices setting forth this prohibition. Requires employers to post these notices. Provides for remedies for violations of this Act as found in the Fair Labor Standards Act. Exempts Federal, State, and local employees from the Act's coverage.
United States · United States Congress · 7 March 1985
Handicapped Children's Protection Act of 1985 - Amends the Education of the Handicapped Act to authorize the award of a reasonable attorney's fee as part of the costs to the parents or guardian of a handicapped child or youth who is the prevailing party in a civil suit under such Act to protect the child's right to a free appropriate public education. Requires the party seeking such an award to submit an application, including an itemized statement of such fees and expenses from the attorneys or expert witnesses. Authorizes the court to: (1) increase the amount awarded to the prevailing party if the court finds that the local or State educational agency or the intermediate educational unit has engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy; or (2) reduce or deny an award if it finds that the prevailing party engaged in such conduct. Prohibits such awards from being paid with funds provided to the State under such Act. Provides that such amendments shall apply to actions and proceedings brought on or after July 4, 1984, and actions and proceedings brought prior to such date which were pending on such date. Provides that nothing in the Education of the Handicapped Act shall be construed to restrict or limit the rights, procedures, and remedies under the Constitution, title V of the Rehabilitation Act of 1973, or other Federal statutes prohibiting discrimination. Provides that specified provisions under the Rehabilitation Act of 1973 relating to nondiscrimination toward the handicapped under Federal grants and programs shall be carried out in accordance with regulations in effect on July 4, 1984. Amends the Education of the Handicapped Act to provide for: (1) public access to hearing decisions; and (2) an informal complaint resolution procedure. Provides that any decision regarding participation in an informal complaint resolution meeting with the State or local educational agency or intermediate educational unit shall not affect the availability or provision of any rights of the parents or guardian of the handicapped child under procedural safeguard provisions of such Act.
United States · United States Congress · 7 March 1985
Anti-Apartheid Act of 1985 - Prohibits any U.S. person from making any loan to South Africa or to any organization owned or controlled by South Africa. Excludes from such prohibition a loan for any educational, housing, or health facility which: (1) is available to everyone on a nondiscriminatory basis; and (2) is located in an area accessible to all population groups. Declares that such prohibition shall not apply to loans for which an agreement is entered into before enactment of this Act. Directs the President to issue regulations prohibiting U.S. persons from making any investment (including bank loans) in South Africa. Excludes from such prohibition: (1) an investment which consists of earnings derived from a business enterprise in South Africa established before enactment of this Act and which is made in that business enterprise; or (2) the purchase of certain securities in such business enterprises. Prohibits any person, including U.S. banks, from importing into the United States any gold coin minted in or offered for sale by South Africa. Authorizes the President to waive the prohibitions against investments in South African businesses and against importing South African gold coins if: (1) the Government of South Africa meets at least one of seven conditions; (2) the President submits to the Congress a determination that such conditions are met; and (3) a joint resolution is enacted approving such determination. Authorizes the President to extend the waivers. Provides for expedited consideration of such joint resolution. Amends the Export Administration Act of 1979 to prohibit exporting computers, computer software, or goods or technology intended to service computers to or for use by South Africa or any organization owned or controlled by South Africa. Excludes from such prohibition donations of computers to primary and secondary schools. Declares that certain termination provisions of the Export Administration Act of 1979 shall not apply to such prohibition. Provides for enforcement of this Act. Sets forth penalties for violations of this Act. Directs the President to attempt to persuade through negotiations other countries to adopt restrictions on new investment in South Africa, on bank loans and computer sales to South Africa, and on the importation of krugerrands. Directs the President to submit annual reports to the Congress on the status of negotiations. Terminates the provisions of this Act and all the regulations issued to carry out this Act upon enactment of a joint resolution approving a determination submitted by the President to the Congress that apartheid in South Africa has been abolished.
United States · United States Congress · 7 March 1985
Amends the Federal Employees Flexible and Compressed Work Schedules Act of 1982 to make permanent the authority of Federal agencies to use flexible and compressed work schedules.
United States · United States Congress · 7 March 1985
Includes lupus erythematosus among the chronic diseases considered to be service-connected for purposes of veterans' benefits if it manifests itself to a degree of ten percent or more within one year of separation from service.
United States · United States Congress · 7 March 1985
Expresses the sense of the Congress that: (1) the United States should investigate the activities of Dr. Josef Mengele; (2) Federal agencies should cooperate in collecting information concerning him; (3) the United States should request that specified nations in which Dr. Mengele is reported to have resided commence internal investigations relating to his residence; (4) the Attorney General should report to the Congress on the progress of the Mengele investigation; and (5) the United States, in conjunction with the Federal Republic of Germany and Israel, should establish an international task force to support such investigation.
United States · United States Congress · 6 March 1985
Age Discrimination in Employment Act Public Safety Officers Amendments of 1985 - Amends the Age Discrimination in Employment Act of 1967 to exclude State and local law enforcement officers and firefighters from coverage under such Act.
United States · United States Congress · 6 March 1985
Handgun Crime Control Act of 1985 - Title I: Amendments to Chapter 44 of Title 18, United States Code - Amends the Federal criminal code to direct the Attorney General to approve for manufacture, assembly, importation, sale, or transfer any approved handgun model which is used for lawful sporting purposes. Makes it unlawful for any licensed manufacturer, importer, dealer, or collector to manufacture, assemble, sell, deliver, or transfer any handgun (other than a curio or relic) which is not an approved model. Makes it unlawful for any non-licensee to sell or transfer any handgun (other than curio or relic) unless such person knows or has reasonable cause to believe such handgun is an approved model. Prohibits a pawnbroker from being licensed as a dealer in handguns or handgun ammunition. Directs the Attorney General to review State laws providing for permits to carry and purchase handguns and certify those meeting specified standards. Allows an individual possessing a permit under a certified State law to purchase a handgun if certain requirements are met. Makes it unlawful for a licensed dealer to transfer a handgun to a person not holding a permit under a certified State law unless certain procedures are followed. Requires in any such case that the transferee appear in person at the dealer's business premises. Requires the dealer, before delivery of the handgun, to forward a copy of a sworn statement by the transferee to the chief local law enforcement officer of the transferee's place of residence and the Federal Bureau of Investigation (FBI) for an identity and record check. Prohibits delivery until 21 days after submission of the sworn statement. Makes it unlawful for any licensed importer, manufacturer, dealer, or collector to sell to the same person, or for any non-licensee to purchase, three or more handguns during a period of one year without the prior approval of the Attorney General. Makes it unlawful for any person to fail to report the loss, theft, or disappearance of a handgun in his possession to the authorities within 24 hours after discovering such loss. Requires all licensed importers, manufacturers, and dealers to maintain accurate records of all handgun transfers. Makes any person who negligently transfers a handgun in violation of this Act civilly liable for the death or injury of an individual as a result of the use of such handgun by the transferee during commission of an offense. Makes it unlawful for any person to transport any firearm or ammunition in interstate commerce if such transportation violates a State law in a place through which the firearm is shipped or an ordinance at the place of sale, delivery, or other disposition. Increases the license fee for handgun dealers from $10 to $500 and for manufacturers and importers from $50 to $5,000. Makes it unlawful for any illegal alien, dishonorably discharged member of the armed forces, or U.S. citizen who has renounced such citizenship to possess, transport, or receive any firearm or ammunition. Amends the Omnibus Crime Control Act to allow the court to abate the penalties for using or carrying a firearm during the commission of a felony if certain mitigating factors are present. Title II: Gun Control Functions Transferred to the Attorney General - Transfers to the Attorney General all functions of the Secretary of the Treasury under the Gun Control Act of 1968. Establishes the Firearms Safety and Abuse Control Administration within the Department of Justice. Requires the Attorney General to report annually to Congress on the activities of the Administration. Title III: Miscellaneous Provisions - Directs the Advisory Commission on Intergovernmental Relations, in consultation with the U.S. Conference of Mayors and the National League of Cities, to report on the intergovernmental problems involved in controlling illicit handgun traffic and the effectiveness of the Gun Control Act of 1968.
United States · United States Congress · 5 March 1985
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to permit each individual enrolled under part B to elect to be provided the benefits described in this Act. Provides that each such individual shall be deemed to have elected coverage for such benefits, unless the individual files notice to the contrary. Directs the Secretary of Health and Human Services to establish the premiums for such coverage. Sets forth the following benefits to be provided by such coverage: (1) the limitation on the length of inpatient hospital services under part A (Hospital Insurance) of title XVIII would be dropped; (2) coinsurance payments, under part A, for the first 100 days of skilled nursing coverage would be dropped; (3) coinsurance payments for part B services would be dropped; and (4) coverage for an annual preventive health care visit.
United States · United States Congress · 28 February 1985
Amends the Federal Tort Claims Act to permit actions to be brought against the United States for money damages for injury, loss of property, or death due to exposure to radiation by a Government contractor carrying out an atomic weapons testing program. Provides for substitution of the United States as defendant if such action is brought against the contractor.
United States · United States Congress · 28 February 1985
Agricultural Productivity Act of 1985 - Directs the Secretary of Agriculture to: (1) make an inventory of existing research and extension materials and recommend further areas of research regarding crop rotation, intercropping, biological pest control, and other related farming and soil conservation systems; and (2) make such information available to the public. Directs the Secretary to conduct research on 24 pilot farms (having specified mixes of livestock and crops) to examine the effects of the transition from practices relying on chemical fertilizers and pesticides and traditional soil tillage to systems relying on organic and biological pest control, crop rotation, and conservation tillage. Requires such farms to be chosen within 120 days. Directs the Secretary to make a parallel study of 12 farms which have been using such farm systems for at least five years. Sets the term of such projects at five years each. Sets forth on-farm study data, including soil profile changes, crop yields, energy and water use, and farm income. Directs the Secretary to make payments to the owner of a pilot farm if the Secretary determines such payments are justified. Stipulates that these payments may be made only during a project's last four years. Directs the Secretary to coordinate such pilot farms project with specified Federal and State agricultural services, colleges, and farmers. Directs the Secretary to report to the appropriate congressional committees: (1) within 15 months regarding the information inventory; and (2) by April 1 of each year regarding the pilot farms, with a final project summary and recommendations by April 1 of the year following completion. Provides for a five-year program of intercropping assistance under the Soil Conservation and Domestic Allotment Act. Authorizes appropriations.
United States · United States Congress · 28 February 1985
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that a divorced spouse or a surviving divorced spouse can qualify for benefits based on an insured's wage record if the marriage lasted for at least a year. (Current law requires the marriage to have lasted ten years.) Provides that such benefits shall be reduced to an amount equal to ten percent of such benefit, as otherwise determined, multiplied by the number of ten years of the marriage.
United States · United States Congress · 28 February 1985
Employee Educational Assistance Act of 1985 - Amends the Internal Revenue Code to extend indefinitely the income tax exclusion for employee educational assistance programs. (Present law terminates such exclusion as of December 31, 1985.) Limits the maximum amount of such exclusion (beginning in 1986) to $5,000 of amounts paid or expenses incurred for educational assistance furnished to an employee during a calendar year. Exempts graduate students engaged in teaching or research activities from such maximum limit. Provides for annual cost-of-living adjustments in such maximum limit beginning in 1987.
United States · United States Congress · 28 February 1985
Amends the veterans' educational assistance program to extend the delimiting period for use of educational benefits by Vietnam veterans from ten to 20 years, through December 31, 1995, at the latest.
United States · United States Congress · 27 February 1985
High Risk Occupational Disease Notification and Prevention Act of 1985 - Directs the Secretary of Health and Human Services to conduct research into improving the means of: (1) surveillance of employees exposed to occupational health hazards; and (2) medical monitoring and treatment of employees exposed to occupational hazards. Provides that such research shall be conducted primarily through the occupational and environmental health centers established under this Act. Lists areas such research is to include (among which are: studying the etiology and development of such diseases; developing means of medical surveillance of exposed employees; and developing educational programs). Directs the Secretary to undertake or sponsor additional epidemiological, clinical, and laboratory research to identify and define additional employee populations at risk of occupational disease. Provides that: (1) this expanded research shall be conducted or sponsored by the National Institute for Occupational Safety and Health (NIOSH); and (2) in conducting such research, NIOSH shall have access to prior and current employment, occupational, and health-related data and information maintained by Federal agencies. Authorizes the Secretary, in carrying out such research, to employ experts and consultants. Establishes a Risk Assessment Board, within NIOSH, to: (1) review current medical and other scientific studies and reports concerning the incidence of disease associated with employment; (2) report to the Secretary on the state of current research on such diseases; and (3) designate, from such review, employee populations at risk of disease associated with hazardous occupational exposures. Sets forth factors which the Board must consider in identifying such populations at risk. Directs the Board, within ten days of making a finding that a class or category of workers is a population at increased risk (30 percent greater incidence of disease than a comparable worker population not exposed to the hazardous occupational exposure) or a population at high risk (100 percent greater incidence than the comparable worker population not exposed), to recommend to the Secretary that individuals within such populations be notified and, in cases of high risk, be eligible for services and information under this Act. Gives priority for Board review to those employee populations exposed to hazardous occupational exposures for which there already exists a permanent standard under the Occupational Safety and Health Act. Requires the Board to transmit to the Secretary its findings and recommendations on these employee populations within one year after the effective date of this Act. Directs the Secretary, upon determination that a given class or category of employee is a population at risk of occupational disease, to notify each individual within such population at risk. Sets forth the required contents of such notification, including counseling information. Directs the Secretary to establish a telephone "hot line" for the personal physicians of employees who have received such notification, to provide additional medical and scientific information concerning the nature of the risk and its associated disease. Directs the Secretary to prepare and distribute other medical and health promotion material and information on any risk subject to such notification requirements and its associated disease as the Secretary deems appropriate. Provides that, in carrying out such notification responsibilities, the Secretary shall have access to information and data contained in any Federal agency records, solely for the purpose of obtaining names, addresses, and work histories of employees subject to such notification. Directs the Secretary to establish and certify occupational and environmental health centers. Provides that such centers shall be selected from: (1) educational resource centers of NIOSH and similar centers of the National Institute for Environmental Health Sciences; and (2) at a later date, existing health care facilities, in an appropriate number to obtain even regional distribution of such centers throughout the United States. Sets forth criteria for selection of such centers. Requires such centers to be capable of providing research resources, diagnosis, treatment, medical monitoring, and family services for employees notified under this Act who are at high risk of occupational disease. Directs the Secretary to: (1) develop criteria governing the most appropriate type of medical monitoring; and (2) develop a program for training of existing personnel and procuring specialized equipment required under criteria for certification of such centers. Prohibits discrimination by any employer, insurance carrier, or any other person against any employee on the basis that the employee has been notified by the Secretary of being at risk of any occupational disease. Requires that the employee retain the same rates of pay, benefits and seniority as in the former job if, based upon sound medical advice or monitoring initiated under this Act, it is determined that the employee should be transferred to a less hazardous or non-exposed job. Prohibits any health care financing system from discriminating against an employee who has been notified by the Secretary under this Act in the payment of the costs associated with a medical monitoring program, or any subsequent treatment, including treatment required by a medical monitoring examination or the onset of disease. Sets forth procedures for review of discrimination complaints. Provides for reinstatement and specified compensation for employees who are discriminated against in violation of this Act. Sets forth civil penalties for persons or institutions that violate such discrimination prohibitions. Provides for injunctive relief against violations of this Act or any rule or regulation promulgated under this Act. Requires each health care financing system (including public and private health insurance programs, and the Medicare and Medicaid programs, and disability benefits under the Old Age, Survivors and Disability Insurance program) to provide appropriate testing, evaluation, and medical monitoring services to employees as required under this Act. Requires that the cost of testing, evaluation, and medical monitoring required by an employee as a result of hazardous occupational exposure and notification under this Act be included as a covered item in any health care financing system available to such employees through their employment or as individual purchasers of health insurance. Provides that any treatment provided by a health care financing system to an employee for a subsequent disease that was subject to a notification under this Act may constitute an insurance subrogation claim against a workers' compensation program or insurance carrier. Provides that notification of risk to an employee under this Act and subsequent medical evaluation and monitoring shall not constitute a workers' compensation claim, nor shall such notice toll any statute of limitations with respect to such a claim, except as specifically provided by law under a workers' compensation statute. Authorizes appropriations for FY 1986 and subsequent fiscal years.
United States · United States Congress · 27 February 1985
Requires the Federal Communications Commission to conduct and take final action in a proceeding for the assignment of a particular channel in the citizens band radio service for use by neighborhood watch programs. Specifies matters to be considered and requires the opportunity for public comment in such proceeding.
United States · United States Congress · 27 February 1985
Expresses the sense of the House of Representatives that the Congress should: (1) preserve current provisions of the Federal tax code which provide tax incentives for charitable contributions; and (2) withhold its support from any tax proposal which undermines the structure of deductions on which contributors to tax-exempt, nonprofit charities now rely.
United States · United States Congress · 26 February 1985
Amends the Housing and Community Development Act of 1974 to provide for the permanent classification of certain cities as metropolitan cities for purposes of the community development block grant assistance (unless such city no longer qualifies as metropolitan on the basis of a decennial census conducted after FY 1985).
United States · United States Congress · 26 February 1985
Defines those members who served in the armed forces between November 12, 1918, and July 2, 1921, as World War I veterans and reinstates their veteran status.
United States · United States Congress · 26 February 1985
Amends the Internal Revenue Code to impose a penalty tax on charitable organizations which fail to use certain funds set aside to provide legal services to the poor.
United States · United States Congress · 26 February 1985
Expresses the sense of the Congress that: (1) veterans' disability compensation payments should remain exempt from Federal income taxation; and (2) the President should reject any proposals to tax such payments.
United States · United States Congress · 25 February 1985
Comprehensive Substance Abuse Education Act of 1985 - Authorizes the Secretary of Education to establish a Comprehensive Substance Abuse Education Program to assist school districts in establishing and improving substance abuse education programs for elementary and secondary school students. Includes under such assistance the preparation and provision of instructional materials and assistance in the training for instructors for such programs. Authorizes the Secretary to award grants to States for State personnel to implement this program. Directs the Secretary to report on such program to the Congress within one year after enactment of this Act. Authorizes appropriations.
United States · United States Congress · 25 February 1985
Directs the Secretary of Transportation to apportion for expenditure on the National System of Interstate and Defense Highways: (1) the remaining sums authorized to be appropriated in accordance with the interstate cost estimate for FY 1985; and (2) the sums authorized to be appropriated in accordance with the interstate cost estimate for FY 1986. Directs the Secretary to apportion: (1) the remaining sums to be apportioned for FY 1984 for expenditure on substitute highway and transit projects; and (2) the sums to be apportioned for FY 1985 for expenditure on substitute highway and transit projects.
United States · United States Congress · 25 February 1985
Requires the Director of the National Institute of Mental Health to develop and distribute suicide prevention information. Requires an annual report to the Congress. Authorizes appropriations.
United States · United States Congress · 25 February 1985
Authorizes the Armored Force Monument Committee, the United States Armor Association, the World Wars Tank Corps Association, the Veterans of the Battle of the Bulge, the 11th Armored Cavalry Regiment Association, the Tank Destroyer Association, the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, and 16th Armored Division Associations, and the Council of Armored Division Associations to erect a memorial in or near Arlington National Cemetery, Virginia, to honor and commemorate the American Armored Force. Directs the Secretary of the Interior, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, to select the site and approve the design and plans. Obligates the United States to expenses of maintenance only. Requires the commencement of the erection of the memorial within five years with a certification of sufficiency of funds necessary before commencement.
United States · United States Congress · 21 February 1985
Authorizes the President, on behalf of the Congress, to present a gold medal to the family of Harry Chapin in recognition of Harry Chapin's efforts to address issues of world hunger. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 21 February 1985
Administrative Law Judge Corps Act - Amends Federal law to establish, in Washington, D.C., an Administrative Law Judge Corps (the Corps) comprised of all current administrative law judges. States that the chief administrative law judge shall be the chief administrative officer of the Corps as well as its presiding judge. Specifies the qualifications for chief judge. States that such judge shall be appointed by the President, with the advice and consent of the Senate. Directs the chief judge to submit a written report to the President and the Congress. Establishes divisions (to number between four and ten) within the Corps, with each division headed by a division chief judge appointed by the President, with the consent of the Senate. Identifies initial divisions and their respective areas of jurisdiction. Specifies qualifications required for division chief judges. States that the Corps' policymaking body shall be the Council of the Corps (the Council), comprised of the chief judge and the division chief judges. Authorizes the Council to approve or disapprove: (1) the assignment of judges to divisions; (2) creation, abolition, or reorganization of divisions; and (3) re-assignments of division chief judges. Authorizes the Council to determine matters of general Corps policy, including: (1) the issuance of regulations for Corps proceedings; (2) creation or abolition of divisions or regional offices; (3) contractual transactions; and (4) delegation of functions to division chief judges. Establishes a Judicial Nomination Commission (the Commission) to submit a list of qualified nominees for positions of chief judge and division chief judges. Specifies officials who shall appoint a member to the Commission. Sets the terms of initial Corps appointments and the procedure for filling vacancies. Prescribes a procedure for recommending appointments to the President. Directs the Corps to appoint new judges from a register maintained by the Office of Personnel Management. Confers jurisdiction upon members of the Corps to adjudicate cases under specified sections of the Administrative Procedure Act. Requires cases arising under such sections to be referred to the Corps. Directs the Council to issue regulations for assigning such cases. Provides guidelines for the removal and discipline of administrative law judges. Establishes a Complaints Resolution Board within the Corps to recommend action upon complaints against the official conduct of judges. Details the membership of such Board and the procedures to be followed. Declares Board proceedings and the contents of complaints to be privileged and confidential. Exempts documents and reports considered by the Board from the disclosure and publication requirements of the Freedom of Information Act. Exempts the Board from compliance with the public meeting requirements of specified Federal law. Authorizes appropriations.
![Official portrait of Rep. Howard, James J. [D-NJ-3]](https://www.congress.gov/img/member/h000840_200.jpg)