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United States · Official source
3,007 records where Rep. Kolter, Joseph P. [D-PA-4] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 10 September 1985
Amends title XVIII (Medicare) of the Social Security Act to provide coverage for services performed by a physician assistant under the supervision of a physician.
United States · United States Congress · 10 September 1985
Designates September 22, 1986, as American Business Women's Day.
United States · United States Congress · 5 September 1985
Designates the week beginning January 12, 1986, as National Fetal Alcohol Syndrome Awareness Week.
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
Amends the Federal Tort Claims Act to allow members of the armed forces serving on active duty or on full-time National Guard duty to bring claims for damages against the United States for personal injury or death arising out of medical or dental care furnished by a medical treatment facility operated by the military or the United States.
United States · United States Congress · 1 August 1985
Black Lung Benefits Amendments Act of 1985 - Amends the Black Lung Benefits Act to provide that all administrative law judges making determinations under such Act shall receive compensation at a rate not less than the GS-16 level. Makes such amendment applicable to determinations for benefits pending before the Department of Labor on the date of enactment of this Act as well as to claims brought after such date.
United States · United States Congress · 1 August 1985
Designates March 16, 1986, as Freedom of Information Day.
United States · United States Congress · 31 July 1985
Surface Transportation and Uniform Relocation Assistance Act of 1985 - Title I: Federal-Aid Highway Act of 1985 - Federal-Aid Highway Act of 1985 - Directs the Secretary of Transportation to: (1) apportion for FY 1987 and 1988 the sums authorized to be appropriated for such years for expenditure on the National System of Interstate and Defense Highways; (2) transmit to the Congress within ten days after January 2, 1989, a revised cost estimate for completing the Interstate System; (3) use the Federal share of congressionally approved estimates in making apportionments for FY 1991; and (4) apportion for FY 1986 and 1987 certain sums for substitute highway and urban mass transit projects. Reduces the authorized appropriations per fiscal year for highway assistance programs for FY 1986 through 1990. States that 25 percent of substitute highway project funds for FY 1987 through 1990 shall be distributed at the Secretary's discretion. Directs the Secretary to use the Federal share of certain congressionally approved substitute highway cost estimates in making apportionments for FY 1987 through 1990. Sets distribution guidelines for the apportionment of substitute transit funds for FY 1987 through 1990. Amends the Federal-Aid Highway Act of 1956 to authorize appropriations for the Interstate System through FY 1991. Sets a ceiling, with specified exceptions, for the total of all obligations for Federal-Aid Highways and highway safety construction programs for FY 1986 through 1990. Sets guidelines for redistribution by the Secretary of unused obligational authority among the States. Authorizes appropriations out of the Highway Trust Fund for FY 1986 through 1990 for: (1) the Federal-aid primary system in rural areas; (2) the Federal-aid secondary system in rural areas; (3) the Federal-aid urban system; (4) Indian reservation roads; (5) forest highways; (6) public lands highways; and (7) parkways and park highways. Requires that a minimum of ten percent of the authorized appropriations be expended with small businesses owned and controlled by socially and economically disadvantaged individuals. Revises the apportionment ratios for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System. Extends the authorization formula for Federal-aid primary systems from FY 1986 to 1990. Prohibits Federal approval of State projects on any Federal-aid system unless: (1) the State agrees to provide displaced owners with relocation assistance equal to Federal relocation assistance; (2) the displacement is authorized by State law and is in accordance with the terms of the rental agreement; and (3) the displacement is directly necessitated by such project. Requires contracts relating to State highway department construction projects upon the Federal-aid system to include a standard clause concerning site conditions which differ from those specified in the contract. Permits the use of convict labor and convict-produced materials in highway construction on Federal-aid systems: (1) if such convicts are on supervised release; or (2) if the materials are produced by convicts in a qualified prison facility, but the amount of materials produced in any 12-month period does not exceed the amount previously produced in such facility during the 12-month period ending July 1, 1985. Provides that apportioned funds not obligated within the authorized fiscal year for the Interstate System within a State shall be made available by the Secretary according to certain priorities (including high cost projects for construction of high occupancy vehicle lanes and other lanes on any highway in Los Angeles County, California, designated as part of the Interstate System). Authorizes the Secretary to make discretionary funds available to California for construction of high occupancy vehicle lanes, even if such State does not meet certain eligibility criteria. Makes funds available to Puerto Rico for construction of access and development roads on a Federal-aid system. Makes the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands eligible for emergency relief funding. Exempts tank trucks and ocean transport containers from vehicle weight and length limitations until September 1, 1988. Allows Federal participation in a State toll road which is part of the Interstate System even though the State highway department and the toll road authority have incurred an indebtedness to finance certain ineligible construction expenses for a feature recommended by a final environmental impact statement. Authorizes appropriations out of the Highway Trust Fund for FY 1986 through 1990 for highway beautification. Extends from March 9, 1984, to July 1, 1985, the deadline by which States may use certain Federal-aid highway funds for additional route designations on the Interstate System. Exempts a certain route designation in Weirton, West Virginia, from such deadline. Increases the amounts available for FY 1986 through 1990 for the discretionary bridge program. Authorizes the Secretary to approve, upon application by Arkansas, Federal assistance for construction of a highway bridge to replace ferryboat service. Limits the Federal share of such construction cost to 80 percent. Limits the amount of certain Interstate highway funds which the States may expend for purposes of transportation planning. Authorizes appropriations out of the Highway Trust Fund for Federal-aid highway purposes for FY 1986 through 1990. Directs the Secretary to establish national bridge safety inspection standards for all highway bridges. Prescribes guidelines for such standards. Directs the Secretary to establish a training program for bridge inspectors. Directs the Secretary to: (1) implement a strategic highway research program; and (2) set aside specified funds for FY 1987 through 1991 to implement such program. Changes Buy American provisions to increase from 50 percent to 85 percent the domestic content requirements for certain manufacturers of buses and other rolling stock. Makes eligible for Federal-aid highway funds the construction costs of a certain alternative interstate route in Massachusetts which provides access to an international airport. Authorizes Arkansas to use apportioned funds for the planning, design, and construction of a specified highway. Limits the amount of apportioned funds available for FY 1987 through 1989 for rehabilitation of elevated toll roads in Chicago, Illinois. Prohibits the obligation of Federal funds for: (1) route construction on the National System of Interstate and Defense Highways located mainly in a landfill placed in a river after May 1, 1985; and (2) substitute highway or transit projects which include landfill construction (exempts landfills necessary to preserve existing waterfront character and facilities). Sets guidelines for the obligation of Federal funds for alternative interstate projects. Makes certain interstate lane construction projects eligible for certain Federal-aid highway funds. Authorizes the Secretary to approve (upon the joint request of the Governor of California and the local governments concerned) a substitute transit construction project for a fixed guideway system in lieu of eligible interstate lane construction if the substitute project is in or adjacent to the proposed right-of-way for such lanes. Directs the Secretary to approve certain transfer concept plan modifications requested by the Governors of Maryland and Connecticut which include substitute highway and mass transit projects. Prescribes criteria for such approval. Exempts a certain privately-owned facility located on specified Interstate routes in Michigan from Federal prohibitions against commercial establishments on commercial rights-of-way of the Interstate System. Declares that the fair market value of any lands donated to California for the right-of-way for relocation and construction of a certain highway in Orange County shall be credited to the non-Federal share of such project costs. Authorizes the Secretary to approve construction of a certain Interstate route section in Hawaii. Releases the State of Maryland from certain road conveyance requirements under the Federal-Aid Highway Act of 1970. Authorizes appropriations for railroad-highway crossing demonstration projects for FY 1986 through 1990. Authorizes appropriations out of the Highway Trust Fund for FY 1986 for rights-of-way acquisition and railroad construction costs in the vicinity of Carbondale, Illinois. Requires the Secretary to: (1) make a grant to each State within which the Consolidated Rail Corporation operates a rail vehicle safety demonstration program over railroad-highway crossings; and (2) report to the Congress regarding such program's effectiveness in improving railroad-highway crossing safety. Authorizes appropriations for such programs for FY 1986 through 1990. Directs the Secretary to complete a gap on the Federal-aid primary system in an urban area in Passaic County, New Jersey, utilizing procedures to accelerate design and construction. Requires the Secretary to report to the Congress, not later than 180 days after the completion of such project, on its results, including specified analyses. Directs the Secretary to carry out the following demonstration projects: (1) in Brick Township, New Jersey, to demonstrate methods of improving traffic operations and reducing accidents at a high-volume rotary intersection; (2) in the vicinity of Johnstown, Pennsylvania, to demonstrate methods by which a highway construction project on the Federal-aid primary system will enhance highway safety and economic development in an area of high unemployment; (3) in the vicinity of Fort Smith, Arkansas, to demonstrate the economic growth and development benefits of widening a segment of the Federal-aid urban system connecting a community college and a large commercial center, and of improving traffic signalization on such segment; (4) in the vicinity of Moorhead, Minnesota, to demonstrate the economic and safety benefits of constructing a grade separation between a railroad line and a highway on the Federal-aid urban system; (5) in the vicinities of Fosston and Bagley, Minnesota, to demonstrate the economic and safety benefits of reconstructing two segments of a major highway on the Federal-aid primary system; (6) in Kentucky, to demonstrate methods of improving traffic flow and safety on a State highway which connects an Interstate route in the vicinity of the City of Dry Ridge with a highway on the Federal-aid primary system in the vicinity of the City of Owentown; (7) in San Bernardino County, California, in the vicinity of the Ontario International Airport, to demonstrate methods of improving highway access to an airport which is projected to incur a substantial increase in air service; (8) in Pennsylvania, to demonstrate the state of the art delineation technology by closing a gap in a multi-lane limited access road connecting the City of Altoona to the Borough of Tyrone in Blair County; (9) in Lafayette, Louisiana, to demonstrate the benefits on traffic flow and transportation of labor and materials by construction of a highway to provide limited continuous access between an Interstate route and a highway on the Federal-aid primary system; (10) in Shreveport, Louisiana, to demonstrate methods of reducing traffic congestion in the central business district, improving access to such district, providing highway continuity, and satisfying national defense requirements by connecting two Interstate routes; (11) in Miami, Florida, to demonstrate the most cost-effective method of improving interstate motor vehicle access for passengers and cargo moving to and from the port of Miami; (12) in Arkansas and Missouri, to demonstrate methods of improving highway safety and of accelerating highway construction on specified segments on the Federal-aid primary system; (13) in the vicinity of Sanford, Florida, to demonstrate methods of reducing costs and expediting construction of an interchange by contracting with a private consultant to design and construct such project; (14) in the vicinity of San Jose and Santa Clara, California, to demonstrate a unified method of reducing traffic congestion where a Federal-aid urban highway intersects with two other of such highways on a railroad crossing; (15) in the vicinity of the C&O Canal in the District of Columbia, to improve motor vehicle access at a major traffic generator without decreasing the efficiency of a Federal-aid primary highway; (16) in the vicinity of Pardee, West Virginia, to demonstrate the improvement in motor vehicle transportation of energy resources resulting from the completion of a consolidated network of modern highway; (17) in Modesto, California, to demonstrate methods by which construction of a grade separation for a railroad crossing of a primary highway enhances urban redevelopment and the effectiveness of a planned transportation center; (18) in Kalamazoo, Michigan, to demonstrate the benefits of cooperation between the private sector and the government in relieving traffic congestion caused by a railroad crossing a Federal-aid highway through construction of a highway overpass; (19) in East Milton, Massachusetts, to demonstrate the advantages of joint development and use of air rights in the construction of a deck over a depressed portion of an Interstate route; (20) in Alabama, to demonstrate methods of accelerating the widening of a high volume segment of a primary highway necessary for rapid evacuation of individuals during emergency weather conditions; (21) in the vicinity of Wilder, Kentucky, to demonstrate the economic benefits to a port facility, industrial complex, and foreign trade zone by reconstruction of a segment of an urban highway which connects an Interstate route with a port facility; (22) in Illinois, to demonstrate the safety benefits of providing additional and improved vehicular passing opportunities on, adding truck climbing lanes to, and straightening a segment of a primary highway which carries a high volume of traffic in Jo Daviess and Stephenson Counties; (23) in Allentown, Pennsylvania, to demonstrate methods of accelerating construction to eliminate a major rail-highway crossing at grade, reducing traffic delays for rail and vehicular traffic, and minimizing the impact on the surrounding urban environment; (24) in Riverside, California, to demonstrate methods of improving safety on a specified highway; (25) in Buffalo, New York, to demonstrate methods of facilitating redevelopment of a waterfront area by construction of a connector off a primary highway; (26) in Cleveland, Ohio, to demonstrate the relationship between infrastructure improvement and economic vitality; (27) in Lauderdale and Colbert Counties, Alabama, to demonstrate methods of improving highway transportation and enhancing economic development through construction of a bridge to cross the Tennessee River; (28) in the vicinity of Huron, Ohio, to demonstrate methods of enhancing highway safety and economic development in an area of high unemployment through construction of a bypass segment to provide access to an amusement park; (29) in Chicago, Illinois, to demonstrate the cost savings to be obtained by converting a fixed-span bridge to a movable bridge; (30) in Harney County, Oregon, to demonstrate methods of protecting roadways against damage and destruction due to wave erosion; (31) in Wayne County, Michigan, to demonstrate the benefits of enhancing safety and improving economic vitality of a depressed area; (32) in Cook County, Illinois, to demonstrate the benefits from specified highway reconstruction; (33) in Erie County, New York, to demonstrate methods of enhancing safety and reducing traffic congestion by relocating an interstate route terminus; (34) in the vicinity of Mount Vernon, Kentucky, to demonstrate methods of improving highway safety and traffic flow and access to a national river and recreation area; (35) in Pine City, Minnesota, to demonstrate methods of improving highway safety and traffic flow by constructing an interchange between certain highways; (36) in Paso Robles, California, to demonstrate methods of improving highway safety and traffic flow and enhancing economic development through the construction of a two-lane bridge spanning the Salinas River, a highway, and a railroad line; (37) in Columbus, Ohio, to demonstrate methods of relieving traffic congestion through reconstruction of highway portions in an interstate route connecting Columbia with its airport; (38) in Suffolk County, New York, to demonstrate construction techniques to accelerate upgrading an existing highway to freeway standards with minimum traffic disruption; (39) in the vicinity of Southington, Connecticut, to demonstrate the latest construction techniques in reconstructing a segment of urban highway, and in the vicinity of Kent Center, to demonstrate methods of solving safety and flooding problems on a primary highway; (40) in Dover, New Jersey, to demonstrate traffic congestion reduction methods on an existing bridge and facilitating the redevelopment of the central business district; (41) in Los Angeles County, California, to demonstrate methods of improving vehicular circulation related to intermodal transportation or port-related traffic and alleviating congestion caused by increased port activities; (42) in the vicinity of the Greater Pittsburgh International Airport to demonstrate methods of improving economic development and airport terminal placement; (43) in Steuben County, New York, to demonstrate how the economy of an industrialized high unemployment area can be improved by completing key elements of a controlled highway which serves such area; (44) in Santa Rosa and Petaluma, California, to demonstrate how traffic congestion can be relieved by reconstructing a certain arterial which connects the two cities; (45) in the vicinity of Tampa, Florida, to demonstrate motor vehicle congestion relief measures and improve motor vehicle access between rapidly growing urban areas; (46) in Savannah, Georgia, to demonstrate how replacing an obsolete bridge with a modern highway-level structure will improve vehicular and waterborne traffic flow; (47) in New Sewickly, Pennsylvania, to demonstrate methods of accommodating increasing truck traffic and improving highway safety; (48) in the vicinity of Croyle Township, Pennsylvania, to demonstrate methods of improving public access to a flood memorial; (49) in Orange, Texas, to demonstrate how rail line consolidation will reduce motor vehicle traffic congestion and increase jobs in a high unemployment area; (50) in Baton Rouge and East Baton Rouge, Louisiana, to demonstrate traffic congestion alleviation methods; (51) in Minden, Louisiana, to demonstrate enhanced economic development by providing Minden with alternative highway access to the Interstate System; (52) in the area of Brunswick-Topsham, Maine, to demonstrate increased access to defense related facilities by the construction of a limited access highway connecting a major interstate highway corridor with a naval air station and a shipyard engaged in defense production activities; (53) in Isle of Palms, South Carolina, to demonstrate increased accessibility to a sea island by construction of a high-level fixed span bridge over a high-volume intracoastal waterway segment; (54) in Clarksville, Tennessee, to demonstrate highway safety improvement methods by providing direct access from the Fort Campbell Military Reservation; (55) between Clarinda and Shenandoah, Iowa, to demonstrate how highway rehabilitation in an economically depressed rural area will increase economic activity; (56) in the vicinity of Oceanside and Escondido, California, to demonstrate methods of reducing traffic congestion by expanding an interstate route connection; (57) in St. Charles County, Missouri, to demonstrate methods of alleviating commuter traffic congestion by construction of a bypass highway; (58) in Hammond, Indiana, to relocate railroad lines in order to eliminate railroad-highway grade crossings; (59) in Shawnee, Oklahoma, to demonstrate small community air service improvement by extending a runway over a depressed road; (60) between Concord and West Pittsburg, California, to demonstrate improved highway safety through highway modification; (61) in Georgia, to demonstrate improved highway safety by reconstructing as a six-lane controlled access freeway a certain highway segment between a specified State route and Interstate routes; (62) in Pike County, Kentucky, to demonstrate highway safety improvement in a mountainous area; (63) in Madison County, Illinois, to demonstrate the economic benefits of reconstructing a road segment serving a high-growth industrial area; and (64) in Erwin, Tennessee, to extend a certain highway on the Appalachian development system for transportation improvement purposes. Directs the Secretary to submit status reports to the Congress regarding the highway demonstration projects. Authorizes appropriations for such demonstration projects for FY 1986 through 1990. Authorizes the Secretary to implement highway projects on the Federal-aid system in Wheeling, West Virginia, at full Federal expense, upon the request of local officials. Authorizes appropriations for such projects from sums appropriated to implement a certain railroad-highway demonstration project. Amends the Federal-Aid Highway Act of 1978 to direct the Secretary to implement specified state-of-the-art bridge construction technology projects in Ohio. Requires the Secretary to report to the Congress regarding such projects. Authorizes the Secretary to prepare an environmental impact statement regarding additional highway capacity in Staten Island, New York. Authorizes appropriations. Designates a certain portion of an Oklahoma State Route which lies on the Federal-aid primary system as United States Highway 377. Designates a certain bridge crossing the Mississippi River near Le Claire, Iowa, as the Fred Schwengel Bridge. Directs the Secretary to conduct feasibility studies and report to the Congress regarding: (1) highway expenditures, revenues and relative needs; (2) highway apportionment and allocation formulas; (3) enforcement of vehicle weight limitation on bridges; (4) highway bridges which cross rail lines; (5) improvement of the Theodore Roosevelt Bridge connecting the District of Columbia and Virginia; (6) flood prevention methods on an Interstate route between Galveston and Houston, Texas; (7) constructing a highway between Aurora-Hoyt Lakes and Silver Bay, Minnesota; (8) the cost-effectiveness of upgrading a certain highway between Pennsylvania and New York State; (9) State bridge management programs; (10) establishing minimum Federal guidelines for maintenance of the Federal-aid primary, secondary and urban systems; (11) a proposed highway from Shreveport, Louisiana, to Texarkana, Fort Smith, and Fayetteville, Arkansas, and Carthage and Kansas City, Missouri; (12) a highway connecting Santa Fe, New Mexico, and the Los Alamos National Laboratory. Authorizes appropriations. Requires the Secretary to make a grant to the California Department of Transportation to determine the feasibility of using a highway electrification system as an energy source for highway vehicles. Authorizes appropriations. Title II: Highway Safety Act of 1985 - Highway Safety Act of 1985 - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1986-1990 for the following programs: (1) bridge replacement and rehabilitation; (2) hazard elimination; (3) highway safety research and development under the auspices of the National Highway Traffic Safety Administration and the Federal Highway Administration. Authorizes appropriations for highway safety programs for: (1) FY 1988 through 1990 implemented by the National Highway Traffic Safety Administration (NHTSA); and (2) FY 1987-1990 implemented by the Federal Highway Administration (FHWA). Amends the Surface Transportation Assistance Act of 1982 to authorize appropriations for FY 1987 for highway safety programs implemented by the NHTSA. Sets forth minimum amount of authorized funds which must be obligated for enforcement of the national speed limit and for safety belt programs. Sets an obligation ceiling for highway safety programs for FY 1986 through 1990. Amends the Surface Transportation Assistance Act of 1982 to authorize appropriations for FY 1984 through 1990 to make grants to the States for enforcement of commercial motor vehicle safety standards. Sets forth a weighted compliance formula to be used by the Secretary in determining a State's apportionment of Federal-aid highway funds based upon State enforcement of the national speed limit. Amends the penalty for a State's non-compliance with the national minimum drinking age laws to require the Secretary to withhold certain apportioned amounts from such State on the first of each fiscal year after the second fiscal year beginning after September 30, 1985, in which purchase or public possession of alcoholic beverages by a person under 21 years of age is lawful. Sets forth guidelines under which withheld funds shall be available subject to State compliance. Revises the State eligibility criteria under which the States may receive alcohol traffic safety program grants. Declares that State reports regarding certain hazard elimination programs and rail-highway crossings are inadmissible evidence in any action for damages arising out of matters referred to in such reports. Revises the definition of "highway safety improvement project" to include a project which installs emergency motorist-aid call boxes. Amends the Highway Safety Act of 1973 to authorize appropriations for FY 1985 through 1990. Amends the National Driver Register Act of 1982 to extend the deadline by which the Secretary is required to: (1) promulgate final rules regarding establishment of the National Driver Register; and (2) begin a pilot test program for an electronic information retrieval system regarding individual motor vehicle driving records; and (3) report to the Congress regarding the Register. Amends the Highway Safety Act of 1978 to prohibit the obligation of certain authorized funds for any education or information program conducted in connection with the implementation of Federal Motor Vehicle Safety Standard 208. Directs the Secretary to conduct a comprehensive investigation of railroad-highway crossing needs (in consultation with specified groups) and to report to the Congress regarding such investigation. Directs the Secretary to: (1) arrange with the National Academy of Sciences to conduct a study of problems facing older drivers; and (2) request the Academy to report to the Secretary and the Congress regarding such study. Title III: Federal Mass Transportation Act of 1985 - Federal Mass Transportation Act of 1985 - Amends the Urban Mass Transportation Act of 1964 to replace the letters of intent procedure with provisions which authorize the Secretary to enter into multi-year contracts for the construction of mass transportation facilities. Requires the Secretary, starting January 1986, to annually submit to the appropriate congressional committees: (1) a proposal on the total amount of funding needed to finance grants and loans for bus and bus-related activities, rail modernization, and the construction and extension of fixed guideway systems; and (2) a proposal on the allocation of such funds to finance grants and loans for rail modernization and fixed guideway construction and extension projects. Makes such proposals effective upon approval by law. Sets forth the circumstances under which the Secretary is authorized to approve advance construction for certain mass transportation projects. Prohibits the issuance of funds for new fixed guideway systems or extensions unless such projects are determined to be: (1) based on the results of alternatives analysis and preliminary engineering; (2) cost-effective; and (3) supported by local financial commitment. States that any public body which receives Federal financial assistance for mass transportation may not displace a structure from the mass transportation system property for which such public body receives rent from a private owner unless: (1) such displacement is necessary; (2) the owner receives relocation assistance in a certain amount; or (3) such displacement is authorized by State statute and is in accordance with the terms of the rental agreement. Sets a limit upon the amount of funds which the Secretary may use to enter into a construction management oversight contract. Authorizes appropriations for FY 1982 through 1990 for public transportation projects substituted for withdrawn Interstate segments. Authorizes certain funds apportioned for expenditure in an urbanized area with a population of less than 200,000 to be expended in an urbanized area with a population of more than 200,000. Permits certain grant recipients to continue the preferential fare collection system for elderly and handicapped persons in lieu of the collection of half-fares for such persons. Permits block grants to be made to implement an urban mass transportation program of projects in whole or in part. Excludes certain advertising and concession revenues from consideration as a revenue source for purposes of the Federal block grant program for urban mass transportation. Requires Federal block grant recipients to submit an annual report to the Secretary regarding revenues derived from the sale of advertising and concessions relating to the operation of a public mass transportation system. Revises the limitations placed upon the use of certain apportioned funds by small urbanized areas for operating assistance. Extends from 1984 to 1990 the authority for (block grant) recipients to transfer capital assistance for operating assistance. Limits the use of discretionary amounts resulting from such transfer to the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities. Prohibits certain grant recipients after FY 1985 from making such transfers except for emergency repairs or pursuant to predated authority. Sets a deadline by which funds appropriated for the block grant program must be apportioned. Directs the Secretary to make grants to nonprofit institutions of higher learning to establish and operate one regional transportation center in each of the ten Federal regions. Sets forth criteria to be met by grant recipients. Establishes in the Department of Transportation a national advisory council to: (1) coordinate the research and training to be carried out by grant recipients; (2) disseminate the results of such research; (3) act as a clearinghouse between such centers and the transportation industry; and (4) review and evaluate programs carried out by such centers. Authorizes appropriations for such centers for FY 1986 through 1990. Makes eligible for construction assistance: (1) any bus remanufacturing project which extends the economic life of a bus eight years or more; and (2) any project for the overhaul of rolling stock, whether or not such overhaul increases the useful life of the rolling stock. Lowers the expense threshold for associated capital maintenance items which are eligible for certain mass transportation block grants. Makes the Federal grant for any mass transportation construction project 80 percent of the net project cost. Directs the Secretary to issue regulations requiring a prebid and postdelivery audit regarding any grant under this Act for the purchase of buses. Authorizes appropriations for FY 1986 through 1990 for block grants and for a formula grant program for areas other than urbanized areas. Authorizes appropriations out of the Mass Transit Account of the Highway Trust Fund for FY 1986 through 1990 for specified activities, and authorizes appropriations for certain projects for FY 1985 through 1990. Requires the Secretary to: (1) enter into a multi-year contract with the Southern California Rapid Transit District to complete a specified segment of a certain Los Angeles Metro Rail Project; and (2) make a grant to an eligible local public body to conduct an electric trolley bus line feasibility study using a certain bus technology being developed in California. Directs the Secretary to develop a comprehensive mass transportation plan for the Virgin Islands and report to the Congress on it within one year of enactment of this Act. Prescribes guidelines under which the Interstate Commerce Commission shall issue bus carrier certificates to recipients of governmental assistance. Subjects the issuance of intrastate passenger transportation certificates to the condition that any intrastate transportation service be provided only as part of a regularly scheduled interstate transportation service on the route. Title IV: Uniform Relocation Act Amendments of 1985 - Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to revise various definitions for purposes of such Act. Permits a Federal agency to discharge its responsibilities by accepting the certification by a State agency that it will implement State law to carry out the Federal relocation assistance program, provided that the lead agency determines that such State law will accomplish the purpose and effect of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Requires the head of such agency, prior to accepting certification, to provide interested parties with an opportunity for public review and comment, and to consult with interested local governments. Directs the head of the lead agency to monitor and report biennially to the Congress on State agency implementation of such certification. Permits an agency to withdraw acceptance of a certification after providing the State government with notice. Permits a Federal agency to withhold approval of any grant, contract, or cooperative agreement with any displacing agency found to have failed to comply with certification or State law. Requires the payment to displaced persons of actual expenses, not exceeding $10,000, necessary to reestablish a displaced small business, nonprofit organization, or displaced farm at its new site. Removes the limitation on the moving expense allowance and the fixed amount of the dislocation allowance that a person displaced from a dwelling may elect to receive in lieu of itemized expenses. Declares that such allowances shall be determined according to a schedule established by the head of a lead agency. Increases the maximum and decreases the minimum limitations on the payment a person displaced from a business or farm operation may elect to receive in lieu of itemized deductions. Declares that such amount shall be determined according to criteria established by the lead agency. (Currently, such amount is based on the annual earnings of the farm or business.) Increases the maximum amount of assistance that a displacing agency may provide to a displaced homeowner for replacement housing. Requires such assistance to include an amount necessary to: (1) meet the reasonable cost of a comparable replacement dwelling as defined in this Act; and (2) compensate the displaced person for any increased financing costs. Authorizes a displacing agency to extend the one-year period, following payment for an acquired home, during which the displaced person must purchase and occupy a replacement dwelling in order to qualify for housing replacement payments, but limits such payments to the costs of relocating such person within that one-year period. Increases the ceiling (currently $4,000) on the amount of rental housing replacement assistance provided to displaced tenants to $6,000. Permits eligible displaced tenants to apply such rental assistance toward the downpayment on a decent, safe, and sanitary replacement dwelling. Declares that displaced homeowners who meet the residency requirement for rental housing replacement assistance but not for homeowner's housing replacement assistance may qualify for rental assistance, at the discretion of the lead agency. Requires that all relocation assistance advisory programs: (1) provide information on suitable locations for displaced farming (and business) operations; and (2) assure that no person is required to move before being given a reasonable choice of comparable replacement dwellings. Provides for the designation of a single, cognizant Federal agency to establish procedures to be used by a non-Federal displacing agency to implement related activities funded by two or more Federal agencies. Authorizes advisory services to certain renters in properties acquired by a displacing agency. Directs the lead agency to require that provisions authorizing a displacing agency to use project funds to provide dwellings for displaced persons, if the project would be delayed because suitable replacement housing is not otherwise available, be used to exceed housing replacement assistance ceilings only on a case-by-case basis and for good cause. Provides that any payment a displaced person receives under State law shall replace a housing replacement or real property acquisition payment for substantially the same purpose under the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Requires the head of the lead agency to: (1) promulgate rules to carry out such Act; (2) coordinate relocation assistance activities with Federal and federally-financed low-income housing programs; (3) monitor the implementation of such Act; and (4) perform such other duties as necessary. Declares low-income housing assistance as income for purposes of determining eligibility for assistance under the Social Security Act or any other Federal law. Requires a State agency to pay the United States all net amounts (currently all amounts) received from the sale of surplus Federal property transferred to the agency for the purpose of providing replacement housing. Repeals the authority of any displacing agency to make loans to various organizations for planning and obtaining federally-insured mortgage financing for housing for displaced persons. Authorizes the lead agency to prescribe a procedure under which Federal agencies may acquire real property without having it appraised. Permits a displaced person to donate the real property being acquired or any of the compensation paid for such property to the acquiring agency. Sets forth effective dates of specified provisions of this Act.
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
Comprehensive Nuclear Weapons Freeze and Arms Reduction Act of 1985 - Expresses the sense of the Congress that the President should immediately invite the Soviet Union to enter into negotiations with the United States which seek an agreement on a comprehensive freeze (a bilateral and adequately verifiable halt by the United States and the Soviet Union in all testing, production, and deployment of nuclear weapons systems). Declares the President should inform the Soviet Union of the U.S. intention to engage in a bilateral halt in the testing, production, and deployment of nuclear weapons systems. Expresses the sense of the Congress that: (1) both during and after negotiations for a comprehensive freeze the President should pursue reductions in nuclear arsenals; and (2) a comprehensive freeze is entirely consistent with, and an essential part of mutual stabilizing reductions in nuclear forces. Requires both the Senate and the House Intelligence Committees to begin oversight hearings on verification procedures for the comprehensive freeze. Sets forth which committees and subcommittees may have members participate in such hearings. Requires the Intelligence Committees to report to their respective Houses within six months of enactment of this Act on the adequacy of U.S. monitoring systems and existing procedures for verifying Soviet compliance with the comprehensive freeze. Requires the reports to include: (1) an assessment of the nature and extent of Soviet activities and installations involved in the testing, production, and deployment of nuclear weapons systems; (2) an assessment of current U.S. capabilities to monitor threatening changes in the status of Soviet nuclear forces under the comprehensive freeze; and (3) an assessment of additional monitoring systems and cooperative procedures that may be needed to increase monitoring confidence of compliance. Requires the Director of the U.S. Arms Control and Disarmament Agency to begin preparing an operational plan for implementation of the comprehensive freeze. Requires the Director to report to the Congress on the plan within nine months of enactment of this Act. Requires the report to specify: (1) procedures for the cessation of activities and closure or conversion of facilities affected by the comprehensive freeze; (2) a program for the retraining and re-employment of Government and defense industry personnel directly affected by the termination of nuclear weapons-related activities; and (3) a program of economic adjustment assistance for adversely affected communities. Directs the President to submit semi-annual reports to the Congress on: (1) the status of U.S. and Soviet negotiation efforts; (2) Soviet military activities relating to the testing, production, and deployment of nuclear weapons systems; and (3) any uncertainties concerning verification of the comprehensive freeze, the status of efforts to reduce those uncertainties, and the national security implications of those uncertainties. Imposes the following restrictions on nuclear testing, deployment, and production only if the Soviet Union, within a specified time, informs the President that the Soviet Union will observe a bilateral halt in the testing, production, and deployment of nuclear weapons systems. Prohibits obligating or spending appropriations for testing, producing, or deploying nuclear weapons systems, unless the Congress expressly provides otherwise. Allows the testing and deployment of specified nuclear missiles for a limited time. Sets forth the effective dates of such restrictions. Authorizes the President to request the Congress to remove the funding restrictions on the testing, production, and deployment of nuclear weapons systems only if the President certifies to the Congress that: (1) the Soviet Union has failed to demonstrate a restraint with respect to nuclear weapons systems which corresponds to the restraint being shown by the United States; or (2) continuation of the funding restrictions would cause significant and irreparable damage to U.S. national security. Provides for expedited congressional consideration of such a request by the President.
United States · United States Congress · 30 July 1985
Elderly Crime Prevention and Victim Assistance Act of 1985 - Establishes in the Office of Justice Programs of the Department of Justice the National Resource Office Relating to Crimes Against Older Individuals. Provides for the appointment of an administrator from the employees of the Department of Justice to head such office. Requires the administrator to coordinate activities of the Department of Justice relating to training of law enforcement officers, financial assistance for older victims, compilation of statistical information, and research with regard to crimes committed against the elderly. Requires the administrator to: (1) establish a liaison with all Federal departments and agencies involved with programs for older persons who are or may become victims of crimes; (2) disseminate information regarding such programs and assistance; and (3) provide technical assistance to reduce or prevent the committing of crime against older individuals.
United States · United States Congress · 30 July 1985
Amends the Communications Act of 1934 to direct the Federal Communications Commission to: (1) establish regulations necessary to ensure access (currently, reasonable access) to telephone service by persons with impaired hearing; and (2) require that all telephones (currently, essential telephones) provide internal means for effective use with hearing aids specially designed for telephone use. Repeals a provision directing the Commission to consider the costs and benefits to all telephone users when making rules concerning telephone service for the disabled.
United States · United States Congress · 26 July 1985
Occupational Disease Compensation Act of 1985 - Establishes a Federal program for occupational disease compensation for the death or disability of workers or their dependents which is caused by work-related exposure to asbestos or to other toxic substances (to be designated later). Makes such compensation compulsory and nonelective and the claimant's exclusive remedy with respect to any employer, such employer's insurance carrier, or the collective bargaining agent of such employer's employee, and any employee, officer, director or agent of such persons. Provides that such compensation shall not constitute the exclusive remedy with respect to any "third party." Provides that these exclusive remedy provisions shall neither: (1) terminate any lawsuit pending on the effective date of this Act; nor (2) preclude such a suit after such date if the suit claims that the employer, with knowledge of the associated health hazards nonetheless intentionally or with reckless indifference exposes its employees to unsafe levels of asbestos or any other toxic substance or substances. Allows compensation claims under this Act for such death or disability occurring at any time prior to, on, or after the effective date of this Act. Requires compensation to be paid retroactively to the date of death or of onset of disability. Provides that, for purposes of claims relating to additional toxic substances designated under this Act, the "effective date of this Act" shall be construed to mean the effective date of such designation. Bars any third party or the Fund established under this Act from suing for indemnification, contribution, or other monetary damages against any party immune from suit by a claimant under this Act. Bars employers, insurance carriers, and the Fund from having a lien or any right of subrogation, upon any judgment rendered in any third party liability action brought by an employee or dependent. Provides, however, that any monetary benefits for death or disability received by the claimant in a third party liability action shall be reduced by the amount of any monetary benefits received under this Act. Makes this Act inapplicable to claims otherwise covered under the Longshore and Harbor Worker's Compensation Act (Longshore Act) or the Employers Liability Act. Provides that compensation under this Act shall cover death and total, partial, permanent, and temporary disabilities. Sets forth formulas for determining monetary benefits under this Act. Provides that for death benefits or total disability benefits shall be the greater of: (1) two-thirds of the employee's average weekly wage (up to 200 percent of the national average); or (2) four-fifths of the national manufacturing (or construction, if applicable) average weekly wage. Provides for distribution of death benefits to survivors. Provides that partial disability benefits shall be that portion of total disability benefits which is greater if determined: (1) from the degree of impairment; or (2) by the percentage reduction in physical capacity to engage in similar work. Provides for redetermination of such partial disability payments. Provides for medical benefits for all reasonable and necessary associated medical costs. Provides for monetary benefits for the death or disability of dependents (to be calculated on the basis of formulas similar to those described above, as applied to the dependent's wages). Provides for annual adjustments in monetary benefits, up to six percent per year, to reflect increases in the national average manufacturing or construction wage. Requires that any monetary benefits for death or disability under this Act be reduced by the amount of any monetary benefit received by a claimant at the same time under a State worker's compensation law or under the Longshore Act for a similar claim. Prohibits, except as otherwise provided in this Act, any maximum limitation on the total amount or duration of monetary benefits for death or disability or medical benefits (or their type or extent). Declares ineffective any comprise or release of monetary or medical benefits unless the Secretary of Labor (the Secretary) determines it is in the best interest of the claimant (and sufficient to provide for future medical care). Declares ineffective under any circumstances any waiver or release relating to future coverage or compensation under any State workers' compensation law or under this Act that is executed prior to the death or onset of disability resulting from any exposure to a toxic substance. Sets forth eligibility criteria for compensation. Requires the employee's work-related exposure to a toxic substance to have significantly contributed to or aggravated the disability or death of the employee or the employee's dependent. Sets forth presumptions with respect to claims of employees and dependents based on exposures to asbestos. Establishes a conclusive presumption that the following diseases result from exposure to asbestos: (1) mesothelioma of the pleura or peritoneum; (2) asbestosis; and (3) lung cancer in cases where evidence of certain asbestotic changes is presented or, in the absence of such evidence, where the claimant can establish a certain duration exposure (provides only a nonconclusive presumption in the absence of such evidence or duration). Sets forth various durations of exposure to asbestos which result in such conclusive presumption in lung cancer cases involving insulation workers, shipyard workers, chemical plant workers, and other workers. Provides that such presumptions shall not apply in cases of cancers occurring less than ten years after the employee or dependent was first exposed. Sets forth procedures for making claims. Requires filing of a claim with the appropriate Office of Workers' Compensation Programs within three years of the death or onset of disability with the following exceptions. Allows asbestos-exposure claims with respect to deaths or onset of disability which occurred prior to the effective date of this Act to be filed within two years after such date. Allows claims based on exposure to a toxic substance designated under procedures established by this Act to be filed within three years after the effective date of such designation. Provides that the time for filing a claim shall only begin to run when the employee is disabled or has died and the employee or claimant is aware or should have been aware through the exercise of reasonable diligence, of the casual relationship between the workplace exposure and the disability or death. Allows two years for filing after a disability becomes compensable, in those cases where a timely claim was filed before the disability was compensable. Prohibits any limitations on filing which are based on: (1) length of time since last employment or exposure, or (2) the exposure's duration or intensity. Sets forth procedures for claim adjudication. Provides for claim processing, investigation, and evaluation by the Office of Workers' Compensation Programs (the Office). Provides that the administrative law judges in hearings on such claims shall have the same powers as those under the Longshore Act. Allows disability awards to be made after the death of the disabled employee or dependent. Provides for referral of claims to another district of the Office for specified purposes. Sets forth provisions for appeals. Makes a compensation order effective on the date it issued, and final unless the claimant or the Secretary files a petition for review with the Benefits Review Board (the Board) within 30 days after such date. Sets forth evidence standards for such review. Makes any final order of the Board enforceable and reviewable in accordance with specified provisions of the Longshore Act. Establishes the Exclusive Federal Occupational Disease Workers Compensation Insurance Fund (the Fund). Directs the Secretary to administer the Fund in order to: (1) insure all employers and toxic substance market participants against liability for occupational disease and death resulting from occupational disease sustained by employees compensable under this Act; and (2) provide compensation and benefits to such employees and their dependents. Defines "toxic substance market participants" (participants) as present or former manufacturers, mine operators, processors, refiners, importers, distributors, or other enterprises (including growers, where appropriate) involved in the commercial or industrial production of: (1) asbestos; or (2) any toxic substance designated by the Secretary under this Act. Makes the Fund responsible for the payment of all compensation with respect to claims under this Act. Requires employers or participants to be insured by the Fund in order to be entitled to the limitations on liability provided under this Act. Directs the Secretary to determine and notify, by individual or general notice, all employers and participants required to become insured by the Fund. Allows any other employers or participants to petition the Secretary and, if approved, become insured by the Fund. Provides for establishment of Fund insurance premiums. Directs the Secretary to determine the annual aggregate of insurance necessary to cover anticipated claims for the following year and administrative costs. Directs the Secretary to use certain allocation formulas in determining the proportions of insurance premiums to be provided by employers and participants. Directs the Secretary to suspend, after notice and opportunity for hearing, Fund agreements with employers or participants if they fail to: (1) obtain and maintain Fund insurance; (2) pay the applicable premium; or (3) comply substantially with this Act or regulations promulgated under it. Authorizes the Secretary to: (1) bring civil actions in the appropriate U.S. district court to require employers or participants to obtain and maintain Fund insurance and to pay applicable premiums; and (2) assess civil penalties against employers or participants who fail to do so. Provides that the following entities are liable for and shall be insured by the Fund in the same manner as would have been payable by the prior operator of a toxic market substance participant with respect to its operations prior to January 1, 1940: (1) any person who on or after such date, has acquired or acquires that participant or substantially all its assets; and (2) any other entity which was the operator of such participant or the owner of its assets on or after such date. Makes a participant liable for the total amount of its liability for contributions under this Act without regard to whether: (1) it is or has been a debtor in a bankruptcy case; or (2) any plan, discharge, or judgment is or has been confirmed, granted, or entered in such case. Treats the successor corporation or other business entity from a reorganization, merger, consolidation, or division of a participant, or the parent corporation into which a participant has been liquidated, as the participant to which Fund provisions apply. Makes the Fund responsible for payment of an annual fee to the Secretary in an amount determined by the Secretary to represent the Federal administrative costs of operations necessary to establish and maintain the compensation and benefit system established under this Act. Sets the maximum amount of such fees at an amount equal to: (1) ten percent of the annual aggregate of coverage for claims payments (to be used to cover program administration costs); and (2) one percent of such annual aggregate (to be used for the research program on surveillance and medical treatment of occupationally-related diseases established under this Act). Sets forth provisions relating to compensation payments, their frequency and duration, information concerning them, their suspension, and penalties for late payments. Sets forth provisions relating to representation fees in claim cases under this Act. Provides for determination and payment of such fees and witnesses expenses. Sets criminal penalties for receipt of such fees or other consideration or gratuities without approval of the Office, the Board, or the appropriate court. Prohibits discrimination by any participant or other employer, insurance carrier, or other person against any employee because of: (1) claims filed under this Act; (2) proceedings brought under or related to this Act, or suits brought for damages resulting from occupational exposure to a toxic substance; (3) disability caused by such exposure; (4) previous employment with a toxic substance market participant; or (5) exposure or possible exposure to a toxic substance. Sets forth civil penalties for such discrimination, procedures for review of alleged discrimination, and requirements for reinstatement with back pay and benefits. Prohibits any provider or insurer of health care coverage from excluding from coverage any worker or family member on the basis of that person's inclusion in a population at risk. Directs the Secretary of Health and Human Services (HHS), in coordination with the Secretary, to conduct research into improving the means of: (1) surveillance of workers exposed to occupational health hazards; and (2) medical treatment of workers exposed to occupational hazards. Sets forth requirements relating to such research. Provides that all such research be conducted with funds available under provisions for Fund payment of administratives fees under this Act. Authorizes the Secretary of HHS, in carrying out such research, to engage the services of experts and consultants. Establishes regulatory procedures by which workers suffering from occupational exposure to other toxic substances (besides asbestos) may be brought under coverage by this Act. Directs the Secretary to promulgate and revise, as may be appropriate and in accordance with specified procedures, regulations providing that this Act may provide compensation to such workers. Establishes the Risk Assessment Panel, within the National Institute for Occupational Safety and Health, to review medical and scientific studies and reports relating to occupational diseases and to recommend inclusion of such exposure as compensable under this Act in accordance with specified guidelines for such findings. Requires the Panel to undertake as its first priority the designation of populations exposed to agents or processes for which there already exists a permanent standard issued under specified provisions of the Occupational Safety and Health Act. Requires the Panel to consider, act, and transmit to the Secretary their findings on these agents and processes within one year. Sets forth deadlines for Panel reports to the Secretary, the Secretary's publication for comment of proposed regulations, Panel review, and the Secretary's publication of final regulations. Requires the Director of the Office of Workers' Compensation Programs to establish a separate task force within that Office for administering claims filed under this Act. Permits eventual integration of the work of such task force with the remainder of the Office under specified conditions. Sets forth standards for review of Office orders under this Act by the Benefits Review Board. Sets forth administrative provisions for the Fund. Grants the Secretary the authority to bring an action in the proper U.S. district court to enjoin violations of this Act or of any rule or regulation under this Act. Directs the Secretary and the Risk Assessment Board to devise and implement a Federal uniform recordkeeping system, including, where appropriate and useful, registries of populations and individuals exposed to toxic substances and processes. Requires annual reports by employers for purposes of such recordkeeping program. Requires the Secretary to implement, directly and by grants to employer and employee groups, education programs on the rights and obligations of employers and employees under this Act. Directs the Secretary to support an Educational Advisory Committee with equal representation by the Secretary, employers, and employees to define guidelines and policy for such an education program. Requires that such grant applications be peer reviewed based on the system in place at the National Institute of Health. Sets forth separability provisions.
United States · United States Congress · 26 July 1985
Revitalized American Industrial Steel Effort Act - Establishes the American Steel Corporation as a mixed-ownership Government corporation. Provides that the five-member board of directors of the Corporation shall be appointed by the President, by and with the advice and consent of the Senate. Requires that, of such five members: (1) two be representative of upper-level management of a profitable steel company and selected from a list recommended by the American Iron and Steel Institute; (2) one be representative of the financial community and selected from lists recommended by financial institutions, the financial community, and recognized financial leaders; and (3) two be representative of steel labor and selected from a list recommended by the United Steelworkers of America-AFL-CIO. Requires that each such list consist of at least three qualified individuals. Makes the Secretary of Labor or the Secretary's delegate an ex officio, non-voting member of the board. Sets forth provisions for board selection of a chairman, terms of office, meetings, compensation, and completion of organization. Directs the Corporation to purchase a qualified steel plant or plants on such terms and conditions as the board considers appropriate. Defines "qualified steel plant" as one that: (1) ceased to operate within the two-year period ending on the date of enactment of this Act; (2) was able to produce more than 3,000,000 tons of raw steel a year when fully operating; (3) was in a community which suffered economic upheaval because of the plant's closing; (4) was the predominant source of employment for the majority of individuals in the labor force living in that community; (5) is situated in a county where unemployed skilled steel workers are available for work, where the total labor force was between 90,000 and 100,000 persons in 1984, and where the unemployment rate was not less than 11 percent in 1984; (6) has specified types of and capacities in its ironmaking and steelmaking facilities; and (7) has the capability to produce a wide range of products, including specified types of products. Directs the Corporation to operate any steel plant by: (1) repairing or replacing its equipment and facilities; (2) phasing-in plant operation; (3) adopting and following management and operating practices that are likely to result in profits within a reasonable period of time; and (4) selling the plant back to the private sector when it has become reasonably profitable, but in no event later than ten years after the date of enactment of this Act. Requires the Corporation, for any steel plant it is operating, to produce: (1) high quality steel products; and (2) ensure fair competition domestically by selling all products at the prevailing market price. Requires the Corporation to first hire, for any plant it has purchased, steel workers who have been laid off from that plant in the order in which they were laid off, as long as any such worker is still living in the plant vicinity and qualified to do the available job. Requires the Corporation to pay each worker no less than the pay established and negotiated, as of the date of the enactment of this Act, by the United Steelworkers of America for that job. Requires the Corporation to provide the same or greater fringe benefits, seniority rights, and retirement benefits as the worker was entitled to or had accumulated before being laid off (except that no retirement payments may be made until six months after the plant begins operations). Directs the Corporation to establish a trust which forms part of an employee stock ownership plan. Requires such plan to: (1) be maintained by the Corporation; (2) satisfy specified requirements under the Internal Revenue Code; (3) benefit 90 percent or more of all employees of the Corporation, excluding those who have not satisfied minimum requirements for plan participation; (4) grant each participant a nonforfeitable right to accrued benefits; (5) provide for allocation of employer contributions in equal amounts to the accounts of all participants; and (6) provide that distributions from the trust are made in accordance with specified requirements under the Internal Revenue Code. Directs the Corporation to either continue or create an organization within the Corporation through which employees and management can participate jointly in solving problems of the Corporation, with the goal of improving efficiency, productivity, profitability, and employee morale. Provides that employees of the Corporation shall not be deemed to be Federal employees. Directs the Corporation to conduct research and development, either alone or jointly with private industry, to improve steel manufacturing technologies and types of products. Requires the Corporation to allow the private entity to share with the Corporation for a ten-year period the rights to any new discoveries made through the joint venture. Sets forth the powers of the Corporation. Sets forth provisions relating to the Corporation's principal office, designated agent, and officers. Requires the Corporation to report annually to the President and the Congress, and to make copies of the report available to interested persons at a reasonable cost. Directs the Secretary of Labor to submit to the board and the Congress, within six months after the date of the completion of the organization of the Corporation, a study of the long-term viability of the Corporation's involvement in the steel industry. Requires such study to assess: (1) the impact of likely trends and events on the steel industry and the Corporation; and (2) the adequacy of the industry's existing structure to make necessary technological and corporate adjustments. Directs the Secretary to submit to the Congress an annual comprehensive assessment of the state of the steel industry and its interaction with the economy. Requires the board to take the results of the six-month study and each annual assessment into account when examining and evaluating the Corporation's finances and operations. Adds the American Steel Corporation to a list in specified provisions of Federal law relating to the definition of mixed-ownership Government corporations. Exempts the Corporation from Federal, State, and local income taxes. Requires the Corporation's receipts and disbursements to be presented annually in the Budget of the U.S. Government, but not be included in the totals of the Budget. Authorizes appropriations to the Corporation for fiscal years beginning after September 30, 1985, in such amounts as may be necessary to carry out this Act.
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 · 26 July 1985
Designates the week beginning January 5, 1986, as National Bowling 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 · 23 July 1985
Amends the Internal Revenue Code to allow an income tax credit to taxpayers engaged in the trade or business of raising agricultural products for contributions of agricultural products to certain tax-exempt organizations. Sets the amount of such credit at 10 percent of either: (1) the wholesale market price; or (2) the most recent sale price of the agricultural product contributed.
United States · United States Congress · 23 July 1985
Designates March 1986 as Music In Our Schools Month.
United States · United States Congress · 23 July 1985
Designates November 18, 1985, as Eugene Ormandy Appreciation Day.
United States · United States Congress · 18 July 1985
Dropout Prevention and Reentry Act of 1985 - Amends the Elementary and Secondary Act of 1965 (ESEA) to add a new title X, the Dropout Prevention and Reentry Act of 1985. (Redesignates the current title X as title XI.) Authorizes appropriations for FY 1987 through 1990 for such new title X. Directs the Secretary of Education, from such title X funds for any fiscal year, to allot 20 percent to each of five categories of local educational agencies (LEAs) (based on total elementary and secondary school student enrollments). Directs the Secretary, from the amounts allotted to such categories of LEAs, to award as many grants as practicable within each such category to LEAs whose applications: (1) have been approved; and (2) propose a program of sufficient size and scope to be of value as a demonstration. Limits an LEA to no more than one such grant in each of three fiscal years. Requires the amount of a grant to be, to the extent practicable, proportionate to the extent and severity of the local dropout problem. Limits the amount of a grant to 90 percent of the total cost of a project during its first fiscal year, 80 percent in the second, and 70 percent in the third. Sets forth grant application requirements (including plans for addressing the needs of pregnant minors and school-age parents). Directs the Secretary to give first priority within each category of LEA to applicants with either very high numbers or very high percentages of school dropouts. Sets forth requirements for review of LEA second or third year projects. Requires such grants to be used to carry out plans set forth in the applications. Lists activities such grants may also be used for, including counseling, remedial education, work-study, community-organization service, curriculum review, and school staff training. Requires at least 30 percent of each grant to be used for dropout prevention activities, and another 30 percent for dropout reentry activities (i.e. persuading dropouts to return to school and assisting former dropouts with specialized services once they return to school). Directs the Secretary, from amounts appropriated to the Secretary for FY 1986, to use a specified limited amount to conduct a one-year study of the nature and extent of the dropout program. Sets forth requirements for such study, (including development of a model dropout information collection and reporting system and minimum reporting system requirements). Sets forth general provisions for title X, including provisions relating to withholding payments, annual reports, and audits. Requires that title X grants supplement other funds.
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 · 18 July 1985
Directs the Secretaries of the Army and the Air Force to prescribe regulations to ensure that National Guard technicians are protected from certain adverse employment actions (i.e. removal, suspension, grade reduction, or furlough) in the same manner as are Federal employees.
United States · United States Congress · 18 July 1985
Amends the Regional Rail Reorganization Act of 1973 to repeal Title IV provisions requiring sale of the Federal interest in the common stock of the Consolidated Rail Corporation (Conrail). Requires Conrail to pay certain amounts to the general fund of the Treasury as repayment of loans made by the United States or the United States Railway Association.
United States · United States Congress · 17 July 1985
United States Peace Tax Fund Act - Amends the Internal Revenue Code to permit conscientious objectors to designate their income, estate, or gift tax payments for nonmilitary purposes. Establishes within the Treasury a United States Peace Tax Fund (Fund) to receive such tax payments. Defines a "conscientious objector" as an individual who by reason of religious training and belief is opposed to participation in war in any form and either: (1) has been exempted from combat training and service in the armed forces under the Military Selective Service Act; or (2) satisfactorily demonstrates that he is conscientiously opposed to war in any form. Authorizes the Secretary of the Treasury to deny such status to a taxpayer upon a finding that the taxpayer is not entitled to make such a designation. Allows a taxpayer to challenge such a denial by bringing an action in the United States Tax Court or in a U.S. district court for a declaratory judgment as to whether the taxpayer is an eligible individual and entitled to make such a designation. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return during such year for the purpose of determining whether the taxpayer is an eligible individual. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to 1988 if the taxpayer pays the tax due (with interest) and satisfactorily establishes that the nonpayment was due to religious beliefs. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires the publication of such information in the Congressional Record. Establishes a United States Peace Tax Fund Board of Trustees to direct research efforts on behalf of world peace. Sets forth the membership structure and duties of the Board. Authorizes appropriations.
United States · United States Congress · 16 July 1985
Children's Justice Act - Amends the Child Abuse Prevention and Treatment Act to authorize the Secretary of Health and Human Services to make additional grants to States for developing, operating, or implementing programs for: (1) handling child abuse cases in a manner to reduce trauma to the child (especially in sexual abuse cases); (2) successful prosecution or legal action against child abusers; and (3) protection of children from abuse. Makes a State eligible for such assistance if it establishes a multidisciplinary task force and adopts reforms recommended by such task force. Requires the task force to be comprised of professionals experienced in the criminal justice system. Requires a State to adopt reforms recommended by the task force in each of the three stipulated categories or submit a detailed explanation of the reasons for not carrying out such recommendations. Requires the Secretary, through the National Center on Child Abuse and Neglect, to: (1) compile, publish, and disseminate evaluations of the approaches utilized with respect to the investigation and prosecution of child abuse cases; (2) develop and disseminate model training materials and procedures to help insure that law enforcement, legal, judicial, and child welfare personnel are adequately trained to deal with child abuse victims; and (3) provide for support of research projects to assist in identifying effective approaches to achieving successful investigation and prosecution of child sexual abuse cases. Directs the Secretary, within two years, to review and evaluate the effectiveness of the activities carried out with the funds made available under this Act and report the results to the Congress. Requires the evaluation to be made available to State officials within 180 days after enactment of this Act. Authorizes appropriations. Directs the Attorney General, the Secretary of Health and Human Services, the Secretary of Education, and any other agency or department head designated by the President, to meet regularly to coordinate and prevent the overlap of programs that address child abuse. Requires the Secretary of Health and Human Services to report to the Congress on the coordination of Federal programs. Requires the Attorney General to modify the classification system used by the National Crime Information Center in its Interstate Identification Index, and by the Identification Division of the Federal Bureau of Investigation in its Criminal File and its Uniform Crime Reporting System, with respect to offenses involving the sexual exploitation of children. Amends the Public Health Service Act with regard to the confidentiality of patient records to provide that nothing in such section shall supersede any State or local requirement for the reporting of incidents of suspected child abuse to authorities.
United States · United States Congress · 16 July 1985
Amends the Surface Mining Control and Reclamation Act of 1977 to provide that the performance bond furnished by an applicant for surface coal mining and reclamation operations may be limited to coverage of land upon which such operations are actually to be conducted, and may cover specific limited phases of reclamation within the permit area.
United States · United States Congress · 10 July 1985
Prohibits the importation of certain species of kangaroos and kangaroo products (currently allowed to be imported under an administrative exception to the Endangered Species Act of 1973 if in accordance with the management plans of Australian states).
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
Provides that certain individuals temporarily employed by reason of a major disaster shall not lose their eligibility under the phase out of Federal supplemental compensation.
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
Establishes the Office of Inspector General in the Postal Service. Sets forth the duties and responsibilities of such office.
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 · 27 June 1985
Expresses the sense of the Congress that the practice of forced abortions, economic coercion, and infanticide in the People's Republic of China or anywhere else in the world is condemned. Provides that if the President certifies that such practices are condoned by Chinese officials, then he should: (1) direct the U.S. representatives to the U.N. Fund for Population Activities to put forward a motion to withdraw the Fund from all operations in China; and (2) review all other bilateral relations and programs with the Chinese to consider further steps to deter such practices.
United States · United States Congress · 26 June 1985
Authorizes the Secretary of the Interior to erect a monument, given as a gift from Morocco in recognition of mutual friendship, on Federal land within the District of Columbia. Directs the Secretary, with the approval of the Commission of Fine Arts and the National Capital Planning Commission, to select a design and site for the monument. Directs the Secretary to maintain the monument. Makes the authority to erect the monument contingent on construction beginning within five years. Directs that U.S. funds may not be used to build the monument.
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 · 26 June 1985
Conrail Public Sale Act of 1985 - Title I: Amendments to the Regional Rail Reorganization Act of 1973 and the Northeast Rail Service Act of 1981 - Amends the Regional Rail Reorganization Act of 1973 to terminate the authority of the United States Railway Association (the Association) to purchase certain Conrail stock. Releases any Conrail director from liability for implementing in good faith the sale of the Federal interest in Conrail common stock . Directs the Secretary of Transportation to execute and deliver Purchase Agreements on behalf of the United States no later than ten days following the date of enactment of this Act. Prescribes guidelines for: (1) the sale of Conrail; (2) the cancellation of Conrail debt and preferred stock; (3) public interest covenants; and (4) accounting determinations. Makes Conrail responsible for funding all labor protection benefits after the closing date, and absolves the United States from any liability for such benefits after that date. Title II: Technical and Conforming Amendments and Repeals - Defines "Purchasers" to mean the investor group organized by Morgan Stanley and Company, Inc., to purchase the Federal interest in Conrail common stock as identified in the Shareholders Agreement. Defines "Shareholders' Agreement" as the agreement among the Purchasers, Conrail, and Morgan Stanley and Company, Inc. in the form filed with the Committee on Commerce, Science, and Transportation of the Senate. Title III: Revenue Provisions - Provides guidelines for the tax treatment of Conrail after the closing date. Specifies the earnings and profits which Conrail shall be deemed to have accumulated as of the closing date. Closes the Conrail taxable year upon the closing date. Title IV: Miscellaneous Provisions - Retains the common carrier status of Conrail after the sale. Provides that purchase of Conrail stock shall not be the sole basis of a determination that a purchaser has become a common carrier by railroad under Federal law.
United States · United States Congress · 25 June 1985
Victims of Terrorism Compensation Act - Amends Federal provisions relating to payments to Federal employees, citizens, nationals, or resident aliens who are missing while in active Federal service as a result of hostile action taken against the United States. Directs the Secretary of the Treasury to establish a savings fund to which the pay and allowance of an individual in a captive status may be allotted. Directs that the following payments be made to individuals held in captive status (or, where appropriate, to their beneficiaries): (1) medical and health care expenses incident to the employee's captive status; (2) direct cash payments for captive status as of November 4, 1979; (3) certain benefits provided by the Soldiers' and Sailors' Relief Act of 1940; and (4) payments to the spouse or child of a captive for expenses incurred while attending an educational or training institution. Authorizes the head of an agency, in order to respond to special circumstances, to pay a captive for educational and training expenses. Directs the President to prescribe regulations under which disability or death compensation may be paid by an agency head to an employee or family member of such employee if the death or disability was caused by hostile action and was a result of the individual's relationship with the Government. Prohibits leave from being charged to the account of an alien employee while serving abroad for absence due to injuries incurred as a result of hostile action directed against the United States. Expresses the sense of the Congress that: (1) the recommendation of the report (relating to Iranian captives) entitled "The Final Report and Recommendations of the President's Commission on Hostage Compensation", dated September 21, 1981, is unacceptable and inappropriate; (2) the decision to agree to and abide by the "Declaration of the Government of the Democratic and Popular Republic of Algeria" inappropriately deprived victims of Iran's illegal actions of the right to seek compensation from Iran; and (3) the executive branch has not taken adequate action to seek legislation or otherwise provide appropriate compensation to persons who were held captive in Iran. Entitles such captives held from November 1979 to January 1981 to a payment of $50,000. Entitles captives who were held beginning in November 1979 and ending before January 1981 to an amount determined by the President taking into account the provisions of this Act.
United States · United States Congress · 25 June 1985
Designates November 1, 1985, as National Philanthropy Day.
United States · United States Congress · 25 June 1985
Designates July 13, 1985, as Live Aid Day.
United States · United States Congress · 25 June 1985
States that the Congress supports the Ethiopian people in their efforts to end the policy of genocide conducted by the government of Ethiopia and calls upon such Government to agree to a ceasefire and to begin negotiations with the opposition leading to the establishment of a government of national reconciliation. Prohibits both the importation into the United States of Ethiopian goods and services and, except for emergency relief assistance, the exportation of U.S. goods and services to Ethiopia until such time as the President determines that the Ethiopian regime has ceased to conduct a policy of starvation of its people and has granted them fundamental human rights and the Congress has enacted a joint resolution approving such determination. Requires the President to suspend all economic assistance and to deny any security assistance to the Government of Ethiopia. Requires the President to submit a report to the Congress on the progress by the Ethiopian regime to end such policies.
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 · 20 June 1985
Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury or the court upon motion by the defendant when the defendant is found guilty or pleads guilty to an offense punishable by death. Provides that no presentence report shall be prepared in such cases. Provides that at the hearing, any information may be presented as to any matter relevant to the sentence and shall include all matters relating to any of the listed aggravating factors and to any mitigating factors. Allows the defendant to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Allows the Government to present any information relevant to mitigating or aggravating factors in accordance with the rules of evidence applicable to a criminal trial in which the question of guilt or innocence is determined. Permits the Government and the defendant opportunity to rebut any information received at the hearing. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Lists threshold aggravating factors for homicide, including that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; or (3) intentionally participated in an act which he reasonably should have known would create grave risk of death to a person and the victim did die as a direct result of the act. Sets forth other aggravating factors. Includes among the mitigating factors that the defendant was less than 18 years old at the time of the crime. Conditions imposition of the death penalty on a unanimous finding by the jury that: (1) some aggravating factor exists in addition to a threshold factor; and (2) the aggravating factor sufficiently outweighs any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. Revises the definition of "aircraft piracy" to state that it is a continuing offense throughout the period the seizure or exercise of control continues.
United States · United States Congress · 20 June 1985
University Research Facilities Revitalization Act of 1985 - Requires each of the major Federal research and development agencies to establish and carry out a new university research laboratory modernization program, under which an amount equal to a specified portion of the funds available to the agency involved for research and development awards to institutions of higher education will be reserved for the replacement or modernization of such institutions' obsolete laboratories and other research facilities. Requires that funds under such program be awarded in response to specific proposals submitted by universities and colleges, in accordance with regulations prescribed by the head of the agency involved. Requires that such regulations provide that funds to carry out the program be awarded on a competitive basis and in an amount not exceeding 50 percent of the cost of the replacement or modernization involved. Sets forth required criteria for the award of such funds. Defines the "major Federal research and development agencies" as: (1) the National Science Foundation; (2) the Department of Health and Human Services; (3) the Department of Defense; (4) the Department of Energy; (5) the National Aeronautics and Space Administration; and (6) the Department of Agriculture. Title I: Identification and Assessment of University and College Research Facility Needs; Funding for the University Research Laboratory Modernization Program in the National Science Foundation - Authorizes the National Science Foundation (NSF) to design, establish, and maintain a data collection and analysis capability to identify and assess the research facilities needs of universities and colleges. Directs NSF, in conjunction with other appropriate Federal agencies, to: (1) conduct biennial surveys for such identification and assessment purposes; and (2) report the results to the Congress, with the first such report to be due on September 1, 1986. Directs the NSF, when conducting such surveys and reporting to the Congress, to also collect and assess data on the implementation of the university research laboratory modernization programs being carried out under this Act. Sets forth provisions for the funding for the university research laboratory modernization program in NSF. (Note: The following provisions are similar to those for such program funding in the other "major Federal research and development agencies" which are set forth in titles II, III, IV, V, and VI of this Act.) Authorizes appropriations for FY 1987 to NSF to implement and carry out the new university research laboratory modernization program. Requires that a specified minimum amount (equal to a portion, as determined by certain formulas, of the total amount which is appropriated to NSF for FY 1988 through 1996 and which is available for obligation by NSF for research and development awards to universities and colleges) be reserved for purposes of this Act and used only to carry out NSF's university research modernization program. Permits such funds to be used for such program either as a part of awards made to universities and colleges involved for activities carried out under the authority of other laws or through separate awards made for purposes of this Act. Requires that such funds be used only on the basis of proposals submitted by such universities and colleges. Requires that a specified minimum portion of such funds be available only for awards to universities and colleges that received less than $10,000,000 in total Federal obligations for research and development in each of the two preceding years. Title II: Funding for the University Research Laboratory Modernization Program in the Department of Health and Human Services - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Health and Human Services. (Note: These provisions are similar to the program funding provisions under title I.) Title III: Funding for the University Research Laboratory Modernization Program in the Department of Defense - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Defense. (Note: These provisions are similar to the program funding provisions under title I.) Title IV: Funding for the University Research Laboratory Modernization Program in the Department of Energy - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Energy. (Note: These provisions are similar to the program funding provisions under title I.) Title V: Funding for the University Research Laboratory Modernization Program in the National Aeronautics and Space Administration - Sets forth provisions for the funding for the university research laboratory modernization program in the National Aeronautics and Space Administration. (Note: these provisions are similar to the program funding provisions under title I.) Title VI; Funding for the University Research Laboratory Modernization Program in the Department of Agriculture - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Agriculture. (Note: these provisions are similar to the program funding provision under title I.)
United States · United States Congress · 20 June 1985
National Public Works Corporation Act - Amends title II of the Public Works and Economic Development Act of 1965 to name such title "Public Works Corporation." Establishes the National Public Works Corporation. Provides for the Board of Directors, the officers and employees, and the powers of such Corporation. Requires the principal office to be in the District of Columbia. Provides for the borrowing authority, capitalization, and reserve fund of the Corporation. Authorizes appropriations for the capitalization of the Corporation for fiscal years following 1985. Authorizes States electing to participate in the Corporation to make certain contributions. Sets the maximum amount of contributions any one State may make to the Corporation. Authorizes the Corporation to make loans to participating States and local governments for projects for the construction, rehabilitation, and repair of public facilities in accordance with this Act. Prohibits loan plans from being used to pay the non-Federal share of the cost of Federal projects. States the maximum amount of outstanding loans authorized for such projects. Prohibits the Corporation from making a loan for a public facility project unless it determines that such facility, upon completion, will generate sufficient fees to repay the principal and interest on such loans and create a sufficient reserve for the operation and maintenance of the project, including replacement costs over the useful life of the project. Requires applicants for such loans to demonstrate to the Corporation that they have legal authority to assess and collect such fees and that such fees will provide sufficient revenues to meet the conditions for making such loans. States additional conditions and requirements for such loans. Requires the Governor of a State to submit applications for public facility project loans for the State or State agency or instrumentality. Requires the responsible official of local government to submit applications for public facility project loans for such unit or agencies thereof. Prohibits the Corporation from approving local government project loans unless the Governor of the appropriate State certifies approval of the application. Prohibits any Governor from submitting or approving loan applications for more than the maximum amount allowable to any one State. Requires Governors to ensure a proper distribution of available loan funds in a State between urban and rural areas according to a certain allocation formula. Requires the Corporation to require all contracts made with such loan proceeds to be awarded on the basis of competitive bidding. Requires the Corporation to conduct necessary audits to enforce this Act. States procedures to be followed if the Corporation determines that insufficient fees are being collected. Authorizes appropriations to the Corporation for fiscal years after 1983, in order to reduce interest rates paid by borrowers under this Act. Declares that the Corporation, its assets, and certain property shall be exempt from State, local, or Federal taxes, except for certain real property and tangible personal property. States that any obligations issued by the Corporation shall be taxed as to principal and interest to the same extent as the obligations of private corporations. Requires the General Accounting Office to audit the financial transactions of the Corporation. Sets forth procedures to be followed in the event of a default on any loan made under this Act. Requires the Corporation to submit an annual report to the Congress and the President after each fiscal year on the status of the Corporation and its reserve fund. Requires such report to include a description of the projects for which loans were made during the preceding fiscal year.
United States · United States Congress · 20 June 1985
Amends title XVIII (Medicare) of the Social Security Act to require a skilled nursing facility, the U.S. Soldiers' and Airmen's Home, or the Naval Home, with respect to the personal funds of individuals in such institutions which are held by such institutions, to: (1) provide for a security bond; and (2) conduct itself in accordance with the accountability monitoring system of title XVI (Supplemental Security Income) of such Act.
United States · United States Congress · 20 June 1985
Amends title XIX (Medicaid) of the Social Security Act to: (1) require a State's Medicaid fraud control unit to investigate and prosecute violations stemming from the abuse and neglect of patients in Medicaid funded health care facilities; and (2) provide increased funding for such units with respect to activities relating to the elimination of such fraud and abuse.
United States · United States Congress · 20 June 1985
Designates the week beginning October 6, 1985, as National Sudden Infant Death Syndrome Awareness Week.