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United States · Official source
2,794 records where Rep. Kleczka, Gerald D. [D-WI-4] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 19 September 1985
Covert Agent Disclosure Federal Pension Forfeiture Act - Requires the forfeiture of Federal employee retirement benefits upon conviction of the felony of the unauthorized disclosure of the identity of a covert agent.
United States · United States Congress · 17 September 1985
Freedom of Information Public Improvements Act of 1985 - Title I: Amendments to the Freedom of Information Act - Amends the Freedom of Information Act to require each agency, with respect to requests for records, to maintain a log of such requests and responses. Requires each agency to organize and maintain its records in a manner to make them easily accessible and retrievable. Revises provisions regarding fees and waivers for processing such requests. Requires the Archivist of the United States to promulgate guidelines for a uniform schedule of fees for all agencies. Authorizes the appropriate district court to assess monetary penalties against the United States for unwarranted failure to comply with time limits for answering requests. Revises provisions relating to sanctions for such agency noncompliance. Requires that copies of recommendations on disciplinary action for any Federal employee responsible for wrongful noncompliance be submitted additionally to the court and to the House Committee on Government Operations and the Senate Committee on the Judiciary. (Currently, such report is submitted only to the agency and the employee or the employee-representative.) Requires each agency to expedite access to records if the requester demonstrates a compelling need. Requires agencies to include in regulations concerning information disclosure a detailed description of the procedure used to process requests. Includes as information exempt from disclosure: (1) matters which would cause identifiable damage to the national defense; and (2) matters in which the need to protect the information outweighs the public interest. Changes the disclosure exemption for internal personnel rules and practices to an exemption for law enforcement manuals that are internal in nature to the extent that disclosure would risk circumvention of an agency investigation, a regulation, or a statute. Revises the exemption for financial reports by prohibiting disclosure if it would directly injure the financial stability of an institution. Directs each agency to make available to the public a complete list of all statutes determined to authorize the agency to withhold information under the disclosure exemption. Requires each agency, upon notification of the introduction of any bill or resolution constituting authority for that agency to withhold information, to notify the House Committee on Government Operations and the Senate Committee on the Judiciary. Prohibits the withholding of information in order to conceal violations of law, inefficiency, or administrative error. Directs the Archivist of the United States to supervise compliance with the Freedom of Information Act. Changes the date of the annual report by agencies under such Act from March 1 to December 1. Revises information to be included in such report to conform to amendments made by this Act. Directs the Archivist to submit an annual report on or before December 1 on activities under the Freedom of Information Act. (Currently, the Attorney General makes such annual report on March 1.) Title II: Recovery of Wrongfully Removed Agency Files - Authorizes any person to commence civil action to recover agency records removed in violation of law.
United States · United States Congress · 12 September 1985
Establishes a field sanitation occupational health and safety standard with respect to agricultural employees engaged in hand-labor operations in the field. Provides that such standard shall be deemed to be an occupational health and safety standard promulgated, enforceable, and subject to penalties for violations under specified provisions of the Occupational Health and Safety Act (OSHA). Prohibits modification, revocation, or challenge of such standard under specified provisions of OSHA. Provides that this Act shall not preempt any State occupational health and safety standard, or any provision thereof, which is more effective in providing sanitized potable drinking water and toilet and handwashing facilities for agricultural employees than the standard established under this Act.
United States · United States Congress · 11 September 1985
Designates March 25, 1986, and each March 25 thereafter, as Greek Independence Day: A National Day of Celebration of Greek and American Democracy.
United States · United States Congress · 4 September 1985
Enterprise Zone Development and Employment Act of 1985 - Title I: Designation of Enterprize Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Provides that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 100 nominated areas, by the later of a 24 month period or July 1, 1985 (one-fourth of which must be in rural areas). Limits the period during which such deisgnation shall remain in effect. Provides that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (with a population of at least 50,000) or 1,500 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, receiving commitments of private entities to assist employees and residents of the area, permitting State and local income tax deductions for fees for services performed by a nongovernmental entity formerly performed by a governmental entity, giving special preference to contractors owned and operated by members of a minority, and giving of surplus land in the enterprise zone to neighborhood organizations agreeing to operate a business on the land. Describes areas to which preference shall be given in deciding to designate enterprise zones. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Treats any area designated as an enterprise zone as a labor surplus area under Federal law. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three-year carryback and a 15-year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $17,500 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such economically disadvantaged credit. Disallows a deduction for the portion of the wages or salaries taken into account for such credit. Requires that where there is an early termination of employment by an employer in the case of qualified economically disadvantaged individuals, the tax for that taxable year in which the termination occurred must be increased by the tax credits allowed for such employees. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $10,500 in wages per year). Phases out such credit. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investments made in certain enterprise zone construction property located in enterprise zones. Limits such credit to ten percent for new enterprise zone construction property, including rental property. Requires that the property subject to such credit be located in an enterprise zone, be predominantly used in the zone, be either constructed, reconstructed, renovated, etc. during the period of zone designation or acquired during such period, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon the early disposition of the property. Provides for a phase-out of the enterprise zone tax credit as the enterprise zone ends. Provides for an adjustment to the basis of the enterprise zone construction property to reflect the enterprise zone tax credit. Subtitle C: Nonrecognition of Qualified Enterprise Zone Capital Gain Where Acquisition of Enterprise Zone Business Property - Provides for the nonrecognition of capital gain on the sale of property where within the one-year period beginning on the date of such sale qualified replacement property is acquired by the taxpayer, to the extent the gain from the sale does not exceed the cost of the replacement property. Defines "qualified replacement property" as any personal property used predominantly in an enterprise zone in the active conduct of a trade or business within the enterprise zone, any real property located in the enterprise zone used in the active conduct of a trade or business, or any corporation, partnership, or other entity if, for the three most recent taxable years of such entity ending before the date of the purchase of such interest, such entity was a qualified business. Sets forth special rules for the operation of this provision. Requires the basis of the replacement property to be reduced by an amount equal to the amount of gain not recognized on the sale of such other property. Extends the period for the statute of limitations relating to the assessment of tax with respect to the sale of property involving the nonrecognition provisions. Provides that the holding period for the qualified replacement property shall include the period for which the property sold or exchanged had been held as of the date of the sale or exchange. Subtitle D: Deduction for Purchase of Enterprise Stock - Allows a taxpayer to deduct the aggregate amount paid during the taxable year for the purchase of enterprise stock on the original issue of such stock by a qualified issuer. Limits the maximum amount of such deduction to $100,000 a year. Requires that the $100,000 limit must be allocated among the members of a controlled group. Requires the pro rata allocation of the $100,000 limit among the stock purchased where the aggregate amount of stock purchased exceeds the $100,000 limitation. Requires that the gain from the disposition of the stock shall be treated as ordinary income. Provides a formula for calculating such gain. Provides that interest is charged on the disposition of such stock if such disposition occurs before the end of the three-year period beginning on the date the stock was purchased. Provides that where an issuer ceases to be a qualified issuer of enterprise stock before the close of the fifth taxable year after the date the stock was issued, the taxpayer must include in income the amount of the deduction allowed with respect to such stock plus interest on the aggregate decrease in tax of the taxpayer resulting from the deduction allowed with respect to such stock. Sets forth special rules with respect to such stock. Requires the basis of such stock to be reduced by the amount of the deduction allowed with respect to such stock. Subtitle E: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle F: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone businesses which become worthless during the taxable year. Subtitle G: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases the tax credit for increasing research activities to 37 and one-half percent. (currently, 25 percent for research conducted in enterprise zones). Subtitle H: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Subtitle I: Regulations - Directs the Secretary of the Treasury to issue regulations to carry out the provisions of this Act not later than six months after the date of enactment. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act) and governments and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that, to the maximum extent practicable, foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 1 August 1985
Designates March 16, 1986, as Freedom of Information Day.
United States · United States Congress · 1 August 1985
Proclaims October 23, 1985, as A Time of Remembrance for all victims of terrorism. Urges Americans to wear a purple ribbon in honor of the sacrifices made in pursuit of peace and freedom. Authorizes and requests the President to call upon U.S. departments, agencies, and other interested parties to fly U.S. flags at half staff.
United States · United States Congress · 31 July 1985
Urges the Postmaster General to issue a commemorative stamp in 1986 in honor of the 350th anniversary of the National Guard.
United States · United States Congress · 30 July 1985
Pension Plan Reversion Moratorium Act of 1985 - Provides for a 270-day moratorium, beginning on June 12, 1985, on: (1) the Secretary of the Treasury's issuance of determinations of continuing qualification of certain retirement plans, under specified Internal Revenue Code provisions, upon actual or proposed plan terminations; and (2) the Pension Benefit Guaranty Corporation's issuance of notices of sufficiency of assets with respect to certain plans under specified provisions of the Employee Retirement Income Security Act of 1974. Makes such moratorium effective only in cases where plan termination has resulted or would result in an aggregate amount of reversions to employers in excess of $1,000,000. Sets forth the effects of such moratorium on declaratory judgments relating to qualification and on the period of issuance of a notice of sufficiency. Sets forth procedures under which the Secretary of Treasury may waive such moratorium in cases of substantial business hardship. Declares that such moratorium shall not apply to multiemployer plans.
United States · United States Congress · 30 July 1985
Amends part A (General Provisions) of title XI of the Social Security Act to provide for a demonstration program which would require unemployed parents from families receiving aid under part A (Aid to Families with Dependent Children) of title IV of such Act to accept any reasonable full or part-time job offered, without regard to the amount of the parent's resulting earnings as compared to the level of the family's aid. Requires the family's AFDC eligibility to be preserved notwithstanding a parent's resulting earnings, so long as earnings do not exceed the State's standard of need, without regard to the 100-hour rule. Requires a State desiring to establish and conduct a project to submit an application to the Secretary of Health and Human Services. Sets forth requirements a project must meet in order to be approved. Permits approval of a project only if the county or political subdivision within which the project will be conducted has had an unemployment rate of at least ten percent in the immediately preceding four quarters, and: (1) at least 20 percent of the population is below poverty level; (2) at least 20 percent of the population is receiving public assistance; and (3) at least 20 percent of the AFDC families are receiving aid under provisions making such aid available to families with unemployed parents. Requires: (1) States and political subdivisions to report to the Secretary; and (2) the Secretary to report to the Congress.
United States · United States Congress · 26 July 1985
Designates the week of December 15 through December 21, 1985, as National Drunk and Drugged Driving Awareness Week.
United States · United States Congress · 24 July 1985
Designates the week of October 6 through October 13, 1985, as National Housing Week.
United States · United States Congress · 18 July 1985
Authorizes the President, on behalf of the Congress, to present a gold medal to Aaron Copland in recognition of his contributions to American musical composition. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 18 July 1985
Trade Emergency and Export Promotion Act - Declares that actions by the President, the International Trade Commission (ITC), the Secretary of the Treasury, the Secretary of Agriculture, and the U.S. Trade Representative (USTR) pursuant to this Act shall not be reviewable by any court, except for abuse of discretion. Title I: International Trade Actions and Agreements - Declares that a national emergency exists because of distortions and imbalances in trade and instability in exchange rates and that such emergency requires extraordinary measures, including action to: (1) restore the value of the dollar; and (2) either eliminate foreign unfair trade barriers or prohibit countries which employ such barriers from enjoying trade surpluses with the United States or increasing shares of world export markets. Authorizes the President to negotiate and enter into with any foreign country or entity agreements limiting the export from such country or entity, and the importation into the United States, of any article. Directs the USTR to initiate proceedings against Japan before appropriate international bodies in order to obtain authorization to take trade actions against Japan on the grounds that: (1) Japan has failed to comply with trade agreements entered into with the United States; and (2) Japan has adopted numerous domestic policies and practices that impair and violate such trade agreements and impede achievement of their objectives. Directs the USTR, with the cooperation of the Secretary of Agriculture, to initiate actions under all international trade agreements to which the United States is a party in order to take appropriate countermeasures against agricultural export subsidies provided by the European Communities and other countries which will be used to prevent: (1) injury to U.S. agricultural producers; (2) nullification or impairment of such trade agreements; and (3) serious prejudice to the United States. Authorizes the USTR to initiate actions against each foreign country (except Japan and the European Communities) or entity that was an excess worldwide trade surplus country or an excess bilateral trade surplus country for 1984 under all applicable U.S. laws and international agreements in order to: (1) enforce the rights of the United States under such international agreements; and (2) obtain the elimination of certain trade acts, policies, and practices of such countries or entities. Directs the USTR to explain in proceedings initiated under this title that the United States finds it necessary to take the actions provided in title II of this Act as interim measures pending the outcome of such proceedings in order to protect vital U.S. interests. Directs the Secretary of the Treasury to develop a plan to reduce fluctuations between currencies on foreign currency exchange markets. Sets forth characteristics of such plan. Title II: Interim Domestic Trade Actions to Respond to the Trade Emergency - Subtitle A: Stand-by Duties - Directs the ITC to determine annually each major exporting country's: (1) worldwide nonpetroleum export percentage; (2) bilateral nonpetroleum export percentage; (3) worldwide nonpetroleum trade surplus; (4) bilateral nonpetroleum trade surplus; (5) worldwide trade surplus limitation; and (6) bilateral trade surplus limitation. Requires the ITC to report annually to the President on: (1) the determinations on the trade of such major exporting countries; (2) the identity of each foreign country which was an excess worldwide trade surplus country or excess bilateral trade surplus country during the preceding year; and (3) whether or not standby duties should be imposed on imports from such countries. Requires the President, within 15 days of receiving such report to determine, with respect to each country identified as an excess worldwide trade surplus country or excess bilateral trade surplus country: (1) whether such country unfairly restricts or limits the access of imports to its markets; and (2) if the President determines that such country does restrict access to its markets, whether such restriction contributes to that country's trade surplus. Requires the President, if both such determinations are positive, to impose stand-by duties on all imports from such countries. Prohibits making such determinations or imposing such duties if the U.S. trade deficit divided by the U.S. gross national product is less than one and one-half percent. Requires the President to report to the Congress, within 15 days of receiving the reports on worldwide and bilateral trade, on the determinations made with respect to imposing stand-by duties. Declares that the rate of a stand-by duty shall be 25 percent ad valorem and that such duty shall be in addition to any other duties. Provides for the implementation of such duties. Requires all revenues from such stand-by duties to be allocated to the Public Debt Reduction Account in the Treasury. Expresses the sense of the Congress that all funds in such Account be used only to reduce the Federal debt. Directs the Secretary of the Treasury to report annually to the Congress on the revenue derived from such stand-by duties. Prohibits imposing stand-by duties on articles imported after April 30, 1992. Prohibits requiring reports and determinations on trade surpluses after April 1991. Subtitle B: Reports - Directs the President to report annually to specified congressional committees on the operation of this Act. Title III: Trade Law Reform - Amends the Trade Act of 1974 to transfer to the USTR from the President the authority to order import relief and the authority to extend tariff preferences. Amends the Tariff Act of 1930 to transfer to the USTR from the President the authority to approve or disapprove ITC actions to prevent unfair practices in import trade.
United States · United States Congress · 16 July 1985
Allows the State of Wisconsin to use the proceeds of tax-exempt veterans' mortgage bonds for the purpose of acquiring or replacing mortgages of veterans who were unable to obtain veterans' bond financing because of a court challenge to the constitutionality of such State's borrowing power.
United States · United States Congress · 11 July 1985
Expresses the sense of the House of Representatives that the: (1) local field office structure of the Social Security Administration should be maintained, strengthened, and fully staffed; and (2) proper amount of administrative costs of such offices should approximate 1.5 percent of the costs of the social security benefit programs serviced by such offices.
United States · United States Congress · 10 July 1985
Urges the President to begin talks with the Soviet Union aimed at creating a jointly administered U.S.-Soviet student exchange program. Sets forth certain aspects of such exchange program.
United States · United States Congress · 9 July 1985
Designates the week beginning September 1, 1985, as National Buy American Week.
United States · United States Congress · 27 June 1985
Community and Family Living Amendments of 1985 - Amends title XIX (Medicaid) of the Social Security Act to require a State plan to provide a severely disabled individual who is entitled to medical assistance and who is residing in a family home or community living facility with an array of community and family support services which will provide for the health, safety, and effective habilitation or rehabilitation of such individual. Includes community and family support services for severely disabled individuals as "medical assistance" under Medicaid. Permits the inclusion of such services as medical assistance only if: (1) such services are provided to a severely disabled individual residing in a family home or in a community living facility; (2) such services are provided in accordance with an individually written habilitation or rehabilitation plan; and (3) the total amount of funds spent by the State from non-Federal funds for such services equals at least a specified base amount. Specifies services included and excluded as community and family living services. Requires a State, in order to receive payment for community or family support services provided, to: (1) enter into a community and family living implementation agreement with the Secretary of Health and Human Services; and (2) submit required reports to the Secretary. Requires a community and family living implementation agreement to include, among others, the following provisions: (1) community living facilities will not be unduly concentrated in any residential area; (2) all the staff of each facility must have appropriate training; (3) parents of the severely disabled will have training available; (4) case management; (5) an individual will reside as close to his or her family as possible; (6) hearing procedures for individuals who feel they have been inappropriately placed; and (7) suitable State supplementary payments as authorized under title XVI (Supplemental Security Income) of the Social Security Act. Requires such agreement to include other specified provisions with respect to severely disabled individuals living in residential facilities which are not family homes or community living facilities. Requires the agreement to include descriptions of methods to be used to achieve the following objectives: (1) to advise severely disabled individuals of alternative arrangements and services available to them, of their right to choose providers, and of their right to a fair hearing; (2) to assure fair and equitable provisions to protect the interests of public employees who will be affected by the transfer of severely disabled individuals from public institutions to community or family living facilities under the agreement; (3) to assure application of fair employment standards and equitable compensation to workers in facilities offering care and services for which payments are made under this Act; and (4) to assure timely submission of any reports required by the Secretary; and (5) to assure opportunities for participation by interested citizens in the development of the implementation plan or agreement. Sets forth provisions providing for: (1) auditing a State's compliance with this Act; (2) noncompliance; and (3) review by the Comptroller General. Includes, under Medicaid, within the definition of "intermediate care facilities" services in an institution for mentally retarded persons or persons with related conditions if: (1) the individual needs of each newly admitted individual are ascertained by an interdisciplinary team within 30 days; (2) the institution, if not operated by the State, has a written agreement with an appropriate State agency to cooperate in the implementation of the agreement. Limits, effective FY 2000, the amounts payable under Medicaid to any State for skilled nursing facility services and intermediate care facility services furnished to severely disabled individuals under age 65 in facilities having not more than 15 beds. Provides that such limitations shall not apply, if: (1) payments are for services for individuals in a facility which meets the size and location requirements for a community living facility; (2) payments are for services for individuals in a facility which was in operation on September 30, 1985, which has not increased the number of beds since September 30, 1985, and which has no more than 15 beds; (3) payments are for services for individuals in a cluster home; or (4) payments are for necessary therapeutic services which are not available in a family home or community living facility in the States. Reduces, effective FY 1988, the Federal medical assistance percentage for skilled nursing facility services and intermediate care facility services furnished to any severely disabled individual under age 65. Requires a State, in order to receive any payments for furnishing community and family support services, to have in effect a system to protect and advocate the rights of eligible severely disabled individuals which is in addition to any provided by the Federal Government as of September 1985. Permits an individual injured or adversely affected or aggrieved by a violation of the Community and Family Living Amendments of 1985 to bring an action to enjoin such violation. Requires a State's Medicaid plan to provide for the payment of community and family support services for severely disabled individuals through the use of rates which are reasonable and adequate to assure the provision of services of adequate quality. Permits a State to provide for the eligibility of any severely disabled individual for community and family support services if such individual spends at least five percent of his or her adjusted gross income for necessary medical care and for community and family support services. Provides that whenever an individual is receiving benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act on the basis of a disability which began before such individual attained the age of 22, and but for those benefits would be eligible under title XVI (Supplemental Security Income) of such Act for either SSI or State supplementary payments then such individual shall be deemed, for Medicaid purposes only, to be receiving SSI or State supplementary payments. Provides for the Medicaid eligibility of a severely disabled individual under age 65 who would otherwise be denied assistance because of earnings if termination of such eligibility would seriously inhibit the individual's ability to continue employment or effectively limit the individual's ability to live in a family home or community living facility and such earnings are not sufficient to provide benefits equivalent to SSI and Medicaid. Directs the Secretary to: (1) make assessments, conduct a study, and report to the Congress; and (2) issue regulations. Sets forth the effective date.
United States · United States Congress · 27 June 1985
Authorizes and requests the President to designate September 21, 1986, as Ethnic American Day.
United States · United States Congress · 27 June 1985
Designates the Week of October 6 through October 12, 1985, as Myasthenia Gravis Awareness Week.
United States · United States Congress · 26 June 1985
Amends the Federal Aviation Act of 1958 to prohibit the purchase, lease, or acquisition of control in any manner of a substantial portion of an air carrier by the following persons: (1) any air carrier which is a debtor; (2) any person who is a debtor and controls an air carrier; (3) any person controlling an air carrier which is a debtor; or (4) any person who is a debtor and is substantially engaged in the business of aeronautics.
United States · United States Congress · 25 June 1985
Amends the Fair Labor Standards Act of 1938 to permit public employees engaged in law enforcement and fire protection activities to take compensatory time off in lieu of receiving overtime compensation. Sets forth conditions under which such arrangement is permissible. Requires that such compensatory time off equal one and one-half hours for each hour the employee is employed in excess of 40 hours in a workweek.
United States · United States Congress · 25 June 1985
Terminates the provisional listing of specified food, drug, and cosmetic color dyes under the Federal Food, Drug, and Cosmetic Act.
United States · United States Congress · 25 June 1985
Designates July 13, 1985, as Live Aid Day.
United States · United States Congress · 21 June 1985
School Excellence and Reform Act - Authorizes appropriations for FY 1987 through 1991 to make payments for programs of: (1) general improvement and excellence in education; and (2) reform and equity in education. Sets forth (after reserving specified amounts for certain U.S. territories and possessions) formulas for State and local allocation of payments for general improvement and excellence in education. Provides, under such local allocation formula, for certain increases in the amount of such payments on the basis of numbers of children eligible to be counted for purposes of special needs funding under specified provisions of subpart 1 (Basic Grants), part A (Programs Operated by Local Educational Agencies) of title I (Financial Assistance to Meet Special Educational Needs of Children) of the Elementary and Secondary Education Act of 1965 (ESEA). Sets forth (after reserving specified amounts for payments to certain U.S. territories and possessions) formulas for State and local allocation for reform and equity in education. Provides, under such State allocation formula, for certain increases in payments based on numbers of children eligible to be counted under the aforementioned ESEA provisions for special educational needs funding. Authorizes the State educational agency to establish the relative weights of factors under such local allocation formula, but requires that such formula be composed of only the following factors: (1) the number of children aged five to 17, inclusive, who are eligible to be counted under the aforementioned ESEA provisions for special educational needs funding; (2) the graduation rate; (3) the absentee rate; and (4) the number of low-achieving students. Permits those general improvement and excellence funds which are allocated to local educational agencies to be used for: (1) pursuit of general educational excellence and improvement of instruction in mathematics, the sciences, communications skills, foreign languages, and technology; and (2) where necessary, for guidance and counseling. Permits those reform and equity funds which are retained by a State under specified provisions of this Act to be used to administer and carry out categorical programs and projects. Permits those reform and equity funds which are allocated to local educational agencies (LEAs) to be used for the development, expansion, or improvement of any of the following categorical programs and projects: (1) early childhood education; (2) school day care; (3) in-service teacher training; (4) dropout prevention; (5) effective schools; and (6) improvement of secondary schools basic skills instruction. Requires State applications for allocations of general improvement and excellence payments and reform and equity payments for any fiscal year under this Act to: (1) meet specified requirements under the General Education Provisions Act; and (2) in the case of reform and equity payment allocations, describe the intended use of funds to be retained by the State to enhance State reform efforts. Allows a local educational agency, in any fiscal year, to submit a single application for an allocation of general improvement and excellence funds or an allocation of reform and equity funds, or both. Permits two or more local educational agencies that propose to conduct joint programs and projects from funds for general improvement and excellence to file such application as a consortium or other combination. Prohibits a local educational agency from applying for an allocation of reform and equity funds unless the total number of children age five to 17, inclusive, in the schools of such agency who are eligible to be counted under the aforementioned ESEA provisions for special educational needs funding exceeds the lesser of 5,000 or 20 percent of the total enrollment of such schools. Requires local educational agencies, in order to receive either general improvement and excellence or reform and equity allocations, to have on file with the State educational agency an application which includes description of the programs and projects to be funded and a plan for the improvement of the selected educational areas covered by such programs and projects. Requires such local educational agency or consortium applications, or application renewals, to also contain assurances that: (1) the programs and projects are designed and implemented in consultation with the parents and classroom teachers of the children to be served; (2) the funds received under this Act will supplement and not supplant non-Federal funding; and (3) the local educational agency will comply with specified maintenance of effort requirements which the State educational agency must enforce. Requires each local educational agency receiving an allocation under this Act for any fiscal year to submit to the State educational agency evidence of progress in particular areas for which funds were expended or evidence of general improvement in the educational system, such as: (1) reductions in, or maintenance of acceptable levels of, absenteeism, discipline problems, and dropouts at the secondary level; (2) more instructional time; and (3) smaller class size. Authorizes the State educational agency, at the State's discretion, to conduct audits on a sampling basis to verify the accuracy of such submissions. Terminates a local educational agency's eligibility to obtain an allocation under this Act for more than three fiscal years, unless the evidence submitted demonstrates progress as verified by the State. Authorizes the Secretary, from specified amounts reserved from reform and equity funds, to make business involvement matching grants to local educational agencies. Sets the maximum amount of any such grant at 50 percent of the fair market value of any donation by local business concerns to the local educational agency for the conduct of programs and projects under this Act. Allows such donations to be in cash or in kind, and to consist of equipment, the services of business personnel, or training provided to the local educational agency.
United States · United States Congress · 21 June 1985
Expresses the sense of the Congress that proposals to repeal provisions of the Internal Revenue Code which allow taxpayers to make designations of payments to the Presidential Election Campaign Fund should not be enacted.
United States · United States Congress · 20 June 1985
Designates the week beginning October 6, 1985, as National Sudden Infant Death Syndrome Awareness Week.
United States · United States Congress · 18 June 1985
Act to Combat International Terrorism - Defines "international terrorism" for purposes of this Act. Defines "state support of international terrorism" as any act of terrorism when committed deliberately by a State by: (1) furnishing arms, explosives, or lethal substances; (2) planning, directing, or training for such an act; (3) providing financial support; (4) providing diplomatic facilities to aid in the commission of such an act; or (5) allowing the use of its territory as a sanctuary from extradition or prosecution. Directs the President to report to the Congress every six months on incidents he determines to be acts of international terrorism. Requires the President to report within 30 days of an occurrence of terrorism if it involves citizens, property, or significant interests of the United States. Requires the report to include: (1) a description of the incident and identity of the individual, group or organization involved in the incident; (2) the identity of any government providing support; (3) a description of the actions of any government assisting in bringing about a positive termination of the incident; and (4) a description of U.S. response to the incident. Directs the President, every six months, to submit a list of states supporting international terrorism to the Congress with reasons for such determinations. Provides that with respect to any listed state the President: (1) shall not provide assistance under the Foreign Assistance Act of 1961; (2) shall not sell any defense articles under the Arms Control Act; and (3) shall follow a certain procedure with regard to applications for licenses under the Arms Export Control Act. Authorizes the President to devise initiatives to combat international terrorist actions and reduce state support for such actions, including: (1) the suspension of air service between the United States and any state supporting international terrorist actions; and (2) appropriate diplomatic measures. Requires the President to promptly and fully inform the Congress on such actions. Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to conduct an assessment and report to the Congress on the effectiveness of security measures at foreign airports. Requires the Secretary to notify the appropriate authorities of a foreign government if the Secretary finds that one of its airports does not maintain and administer effective security measures. Sets forth notification procedures and, in certain circumstances, procedures to suspend service with regard to an airport which fails to bring security measures up to the specified standards. Authorizes the Secretary to provide technical assistance and training to foreign governments in aviation security. Amends the Federal criminal code to define "identification taggant" and "detection taggant." Makes it unlawful for any person to manufacture any explosive material which does not contain an identification taggant and a detection taggant. Prohibits the resale or disposal of any explosive material sold as surplus by a military, naval, or other agency of the United States which does not contain such identification or detection taggants. Allows the Secretary of the Treasury, under certain conditions, to delay the requirements with regard to detection and identification taggants. Exempts explosive material used by the Department of Defense or for national security from such identification requirements. Amends the Federal criminal code with regard to the destruction of aircraft facilities. Prohibits any act of violence against an individual on board a foreign aircraft while such aircraft is in flight. Makes it an offense to cause damage to (or place explosive devices or substances on) a foreign aircraft which renders it incapable of flight or is likely to endanger that aircraft's safety in flight. Amends the Federal Aviation Act of 1958 to extend the "special aircraft jurisdiction of the United States" to any violator of the Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation as long as the aircraft involved lands in the United States with an alleged offender still on board. Makes it a Federal criminal offense to convey any threats with the apparent determination and will to carry out such a threat with regard to the destruction of aircraft, trains, or vessels. Amends the Federal Aviation Act of 1958 to provide civil and criminal penalties for conveying false information with regard to aircraft piracy. Imposes a civil penalty upon any unauthorized person having possession of a concealed weapon while aboard or boarding any aircraft. Urges the President to seek international agreements to assure more effective cooperation in combating terrorism.
United States · United States Congress · 12 June 1985
Copyright Royalty Tribunal Sunset Act of 1985 - Terminates the Copyright Royalty Tribunal, effective with the enactment of this Act. Transfers the authority concerning the distribution of royalty fees to the Register of Copyrights.
United States · United States Congress · 12 June 1985
Great Lakes Management and Research Act of 1985 - Establishes within the Environmental Protection Agency (EPA) the Great Lakes National Program Office (Program Office), to be headed by a Director. Lists as responsibilities of the Program Office, the following: (1) developing and implementing specific plans under the Great Lakes Water Quality Agreement of 1978; (2) establishing a systemwide surveillance network to monitor the water quality of the Great Lakes; (3) serving as liaison with, and providing information to, the Canadian members of the International Joint Commission and the Canadian counterpart to the EPA; (4) identifying and conducting an inventory of all Federal, State, tribal, and international agencies with environmental management responsibilities for the Great Lakes; (5) identifying judicial overlap and existing management plans relating to the Great Lakes; (6) entering into agreements with States delineating respective duties; (7) developing a program for reducing the amount of nutrients introduced into the Great Lakes; and (8) carrying out a five-year study and demonstration projects relating to the control and removal of toxic pollutants in the Great Lakes. Directs the Administrator to: (1) include a funding request for the Program Office as a separate budget line item; and (2) submit an annual report to the Congress. Requires the Program Office to be located in a Great Lakes State. Establishes within the National Oceanic and Atmospheric Administration the Great Lakes Research Office (Research Office). Lists as responsibilities of the Research Office, the following: (1) identifying lead agencies with primary responsibility for each issue relating to the Great Lakes resources; (2) identifying Federal, State, and tribal environmental research programs relating to the Great Lakes; (3) establishing a Great Lakes research exchange; (4) developing an environmental data base for the Great Lakes System; and (5) conducting research and monitoring activities which address priority issues relating to the Great Lakes. Requires the Research Office to be located in a Great Lakes State. Provides for the coordination of certain activities between the Program Office and the Research Office. Directs the head of each department or agency of the Federal Government which is in any way connected with the enhancement of the Great Lakes to: (1) cooperate with the Program Office and Research Office; (2) make available such personnel, services, or facilities as may be necessary to achieve the purposes of this Act; and (3) furnish, upon written request, any data or information deemed necessary to fulfill such purposes. Directs the Chief of Engineers of the Army, the Chief of the Soil Conservation Service, the Commandant of the Coast Guard, the Director of the Fish and Wildlife Service, and the Administrator of NOAA to submit annual reports to the Administrator of the EPA regarding issues for which they have been identified as lead agencies. States that this Act does not affect the jurisdiction or powers of any Federal or State department or agency or of any Indian tribe or international body created by treaty with authority relating to the Great Lakes. Authorizes appropriations for FY 1987 through 1991.
United States · United States Congress · 6 June 1985
Designates the United States Post Office Building at 300 Packerland Drive, Green Bay, Wisconsin, as the John W. Byrnes Post Office and Federal Building.
United States · United States Congress · 6 June 1985
Designates the week beginning on October 20, 1985, as Benign Essential Blepharospasm Awareness Week.
United States · United States Congress · 5 June 1985
Authorizes the Administrator of Veterans Affairs to modify certain land use conditions with respect to real property conveyed to Milwaukee County, Wisconsin, by the Administrator.
United States · United States Congress · 5 June 1985
Designates the period of October 1, 1985, through September 30, 1986, as the time to reflect on the achievements of the Peace Corps during its 25 years and on ways such programs might be used in the future. Authorizes and requests the President to proclaim this period as a time to honor Peace Corps volunteers and reaffirm the Nation's commitment to such programs.
United States · United States Congress · 4 June 1985
Improved Standards for Laboratory Animals Act - Amends the Animal Welfare Act to revise the humane standards for animals transported in commerce. Requires the Secretary of Agriculture to promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and exhibitors. Requires each research facility to establish an institutional animal study committee with sufficient expertise to assess the appropriateness of animal care and treatment in experimental research. Requires the committee at each facility to: (1) inspect at least semiannually all animal study areas and animal areas and animal facilities at the research facility; (2) file an inspection certification report of each inspection at the research facility; (3) notify the administrative representative of the research facility of any deficiencies; and (4) notify the Animal and Plant Health Inspection Service and the funding Federal agency if such deficiencies remain uncorrected. Requires each research facility to provide for annual training in the humane treatment of animals for scientists, animal technicians, and other personnel involved with animal care and treatment in such facility. Directs the Secretary to establish an information service at the National Agricultural library to provide information on improved methods of animal experimentation, including: (1) employee training; (2) preventing unnecessary duplication of animal experimentation; (3) reducing or replacing animal use; and (4) minimizing pain and distress. Requires funding Federal agencies to revoke Federal support for a project if it is determined that conditions of animal care, treatment, or practice in a particular project have not been in compliance with standards promulgated under this Act. Requires the Secretary to inspect each research facility at least once each year. Requires such follow-up inspections as may be necessary until all deficiencies which may be found are corrected. Imposes penalties for the release of any confidential information or trade secrets by any member of an institutional animal committee. Increases penalties for violations of the Animal Welfare Act.
United States · United States Congress · 4 June 1985
Designates August 14, 1985, as Social Security Day and the week of August 11 through August 17, 1985, as Social Security Week. Authorizes and requests the President to commemorate August 14, 1985, as the 50th anniversary of the Social Security Act.
United States · United States Congress · 23 May 1985
Interstate Compact - Grants congressional approval to the Midwest Interstate Low-Level Radioactive Waste Compact which provides for cooperation among the States of Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin regarding the management of low-level radioactive waste.
United States · United States Congress · 23 May 1985
Amends the Food Stamp Act of 1977 to require: (1) each State agency to submit to the Secretary of Agriculture a statistically reliable sample of cases for purposes of quality control review; (2) the Secretary to analyze such information and notify the State agency of its error rate; and (3) the State agency to develop, submit to the Secretary, and implement a corrective action plan. Directs the Secretary to: (1) waive the requirement of a corrective action plan where a State's error rate has been consistently below the "target" error rate; (2) establish corrective action plan criteria; (3) monitor the implementation of any such plans; and (4) reduce a State's federally funded share of administrative costs if its error rate exceeds "target" rates. Provides with regard to such financial sanctions that: (1) the Secretary may waive such sanctions based on a State's good faith effort to reduce its error rate; (2) sanctions shall be reduced by the amount of collections from allotments to ineligible households or from overissuances to eligible households; and (3) the Secretary waive such sanctions if a State spends the sanction amount on implementation of a corrective action plan. Sets (fiscal year) error rate tolerance levels at five percent adjusted by specified socio-economic factors. Imposes a one-year moratorium on sanctionable food stamp program errors, and a 90-day moratorium on administrative errors. Directs the Secretary to: (1) conduct a study of client errors and broader performance measures; and (2) report to the Congress within one year.
United States · United States Congress · 23 May 1985
Fair Foreign Trade Practices Act of 1985 - Amends the Trade Act of 1974 to make the U.S. Trade Representative (USTR), subject to the President's approval, responsible for determining whether import relief actions should be taken. (Currently the President is responsible for such determinations.) Provides that injurious industrial targeting by a foreign country or instrumentality may trigger import relief actions. Defines injurious industrial targeting. Requires the USTR to take the following actions if the USTR makes specified determinations: (1) suspend, withdraw, or prevent the application of benefits of trade agreement concessions; (2) direct customs officers to assess duties or impose other import restrictions on the products of, and assess fees or impose restrictions on the services of, such foreign country or instrumentality; (3) negotiate agreements with foreign countries to fully offset the burden or restriction on U.S. commerce,; (4) submit to the President proposed administrative actions and legislation to restore or improve the international competitiveness of the industry that has been injured or threatened with injury; or (5) take any combination of such actions. (Current law authorizes but does not require the President to take certain actions.) Authorizes the USTR (currently the President) to take certain additional actions with respect to access of foreign entities to U.S. service sector markets . Requires the USTR, before taking any of the mandatory import relief actions, to: (1) publish its determination in the Federal Register; and (2) notify the President of any import relief determination and any action taken with respect to such determination. Provides for a 60 day waiting period during which the President may disapprove such determination thereby nullifying it. Requires the President to report to the Congress, within 15 days of disapproving such determination, the reasons for such disapproval. Requires the USTR, upon deciding to begin an import relief investigation, to publish notice of such intent in the Federal Register and request comments and information from other Federal agencies. Directs the USTR, in all investigations initiated pursuant to a petition, to present detailed questionnaires to the foreign governments or instrumentalities and the foreign enterprises concerned in order to develop information about the petitions' allegations. Requires the USTR to base its determination on the best information available, which may be the allegations in the petition. Authorizes the USTR to file with the International Trade Commission (ITC) a copy of the petition or equivalent document in a case alleging injurious industrial targeting and request the ITC to make a determination on such allegation. Grants the ITC 90 days to make such determination. Sets forth the time limitations and procedures for determinations and actions by the USTR. Authorizes the USTR to take actions to compensate a foreign country or instrumentality adversely affected by any import relief action which the United States takes if the contracting parties to the General Agreement on Tariffs and Trade (GATT) disapprove such action. Directs the USTR to: (1) issue regulations governing import relief petitions, investigations, and hearings; (2) keep petitioners informed of all determinations and developments in their cases; and (3) report semiannually to the Congress on import relief petitions, and developments. Provides for an investigative staff for the USTR. Directs the Secretary of Commerce to establish a Foreign Industrial Targeting Information Agency (the Agency) within the Department of Commerce to collect information on and monitor foreign industrial targeting. Requires the Director of the Agency, if the Director has reason to believe that a foreign government has initiated or plans to initiate a program to promote the economic development of a particular industry and significant quantities of the products of that industry may be exported to the United States or compete with U.S. products internationally, to collect information on such policies and actions. Authorizes the Director to request information from other Federal agencies. Requires the Director to initiate a special surveillance program if the Director finds that: (1) the foreign government intervention in the industry is substantial; and (2) imports of that industry's merchandise are likely to have significant effects on the competing domestic industry. Requires the special surveillance program to: (1) seek information on the price at which the merchandise is being sold in its home market and other relevant information; (2) monitor import levels and prices of such merchandise and the effect of such imports on the competing U.S. industry; (3) collect and evaluate information on the potential adverse effects that the government intervention might have on the competing industry; and (4) publish quarterly reports on the information obtained through the surveillance program. Requires the Director to recommend to the Secretary that the Commerce Department or another Federal agency initiate a formal investigation of the imported merchandise if a surge of U.S. imports of such merchandise occurs or if such imports appear to be significantly suppressing U.S. prices of competing merchandise. Requires the Director to publish notice of the initiation of a special surveillance program in the Federal Register.
United States · United States Congress · 23 May 1985
Designates the week beginning July 27, 1986, as National Nuclear Medicine Week.
United States · United States Congress · 23 May 1985
Designates the week beginning May 18, 1986, as National Tourism Week.
United States · United States Congress · 22 May 1985
Foreign Investment Disclosure and Reciprocity Act - Requires registration of an investment by a foreign person if the investment results in acquisition, ownership, or control by the foreign person of a cumulative interest of: (1) five percent or more in a U.S. person or in other property in the United States; (2) $10,000 or more in a bank deposit; or (3) $10,000 or more in U.S. securities. Prohibits a foreign person from making such an investment unless the foreign person first registers the investment with the Secretary of Commerce. Sets forth information to be provided in the registration, including a certification by the foreign person that it would be possible for the Federal Government, a U.S. citizen or a U.S. resident to make an investment of the same type and size in the same industry in the country or countries where the owners of the foreign person are located. Requires foreign persons who, at the time of enactment of this Act, hold such investments in the United States to register those investments within 180 days and to include the date on which such investments were made. Declares that certification need not be made for such investments, but prohibits increasing the cumulative interest of such investments unless the foreign person makes such certification. Requires foreign persons to report certain information to the Secretary if they transfer interest in such investments. Requires a foreign persons who have investments in the United States to report certain information to the Secretary if another person acquires a cumulative interest of five percent or more in such foreign person. Requires registration if they have certain investments in the United States, by persons who become foreign persons and by foreign persons who become foreign persons of other countries. Requires foreign persons to give annual updates of their registration information to the Secretary. Sets forth the method of determining whether a person acquires indirectly a cumulative interest of five percent or more in another person. Authorizes a person who is unable to make the required certification to make an investment in the United States only if: (1) the President determines that the investment is in the national interest; (2) the President submits a report containing specified information on the investment and investor to the Congress; and (3) the proposed investment is approved by an enactment of the Congress. Sets forth civil and criminal penalties for violations of this Act. Authorizes the Secretary to monitor compliance with this Act. Directs the Secretary to issue regulations to carry out this Act. Directs the Secretary to report annually to the Congress and the President on: (1) the extent and effects of foreign investment in the United States; (2) the effectiveness and efficiency of the registration and reporting requirements of this Act; and (3) the progress in removing the restrictions imposed by foreign countries on investments made by U.S. persons in those countries. Directs the Secretary to compile an inventory of foreign investments in the United States which shall be available to the public.
United States · United States Congress · 22 May 1985
Korean War Veterans Memorial Act of 1985 - Authorizes the American Battle Monuments Commission to erect 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. Directs that, upon its completion, the memorial shall be turned over to the Department of the Interior which shall then be solely responsible for its maintenance. Authorizes appropriations.
United States · United States Congress · 22 May 1985
Authorizes and requests the President to designate July 16, 1985, as National Atomic Veterans Day.
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 · 15 May 1985
Federal Nuclear Waste Disposal Liability Act of 1985 - Amends the Atomic Energy Act of 1954 to direct the Secretary of Energy (the Secretary) to enter into indemnification agreements with contractors implementing contractual activities under the Nuclear Waste Policy Act of 1982 (the Act). Requires the Secretary to indemnify persons against claims for public liability for nuclear incidents arising out of contractual activities under the Act (including the storage, disposal, and related transportation of high-level radioactive waste and spent nuclear fuel). Requires the Secretary to make indemnification payments from the Nuclear Waste Fund. Limits the aggregate amount of such payments in connection with each nuclear incident to $5,000,000,000.
United States · United States Congress · 15 May 1985
Designates the month of November 1985 as National Hospice Month.
United States · United States Congress · 14 May 1985
Amends the National Labor Relations Act to provide that a specified prohibition against certification of labor organizations representing both "guards" and other employees, for collective bargaining unit purposes, is to be applied only in the case of "plant guards."