United States · United States Congress · 4 April 1985
Makes it a Federal criminal offense for any person to possess a readily convertible firearm (a machine gun). Provides for a fine of not more than $250,000 or imprisonment for not more than ten years or both. Establishes an exception regarding the use of such firearm by the United States or by a State or local agency. Allows for a 90-day transition period before the prohibition takes effect. Authorizes the Secretary of the Treasury to purchase during the applicable transition period any such firearm at a price not greater than fair market value. Requires the Secretary to notify persons possessing such firearms of the provisions of this Act.
United States · United States Congress · 4 April 1985
Superfund Expansion and Protection Act of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)(Superfund) to include among hazardous substances subject to such Act any petroleum released from an underground storage tank. Includes pollutants and contaminants under Superfund, defining them as any substance which after release into the environment causes disease or abnormalities upon exposure or assimilation, either directly or through the food chain. Excludes petroleum and natural gas except as otherwise indicated under such Act. Redefines "release" to include the abandonment of containers containing hazardous substances or pollutants or contaminants. Requires the President to consider long-range effects when evaluating the cost-effectiveness of offsite remedial actions. Directs the Administrator of the Environmental Protection Agency to establish reportable quantities for all noncarcinogenic hazardous substances within six months of this Act's enactment and all other hazardous substances by November 1, 1986. Requires the Administrator to conduct periodic audits of reported releases and report to the Congress at least annually on such audits. Increases criminal penalties for failure to notify the Federal Governmentu of a hazardous substance release. Authorizes the Administrator to undertake any response action when faced with a release or threatened release of a hazardous substance unless the Administrator determines the responsible party will take appropriate action. Requires the Administrator to assess the health effects associated with such release or potential release. Exempts from liability for the effects of such release any party performing information or engineering services pursuant to an approved response action. Requires a State to pay 50 percent of the cleanup costs only if the State both owned and operated the polluting facility. Credits States with cleanup costs already dispersed as specified. Requires the Administrator to choose remedial actions which are: (1) consistent with the National Contingency Plan (NCP); (2) cost-effective; and (3) permanent whenever possible. Places facilities for which no permanent solution is technologically feasible on an interim National Priorities List (NPL), such list to be reviewed every five years to determine if a permanent solution has become feasible. Eliminates the requirement that pollutant levels be such as to protect human welfare, leaving the requirement that such levels protect human health and the environment. Requires pollutant levels to comply with the other Federal standards applicable. Specifies under what conditions removal actions must comply with the requirements of the Solid Waste Disposal Act. Entitles Federal and State environmental officials to access to the information and premises of any person who generates, treats, or disposes of hazardous substances for purposes of determining the need for a response action. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to prepare toxicological profiles on the most frequently found or threatening hazardous substances. Entitles the public to participate in the selection of a plan for remedial action. Authorizes the Administrator to provide grants for technical assistance to groups which may be affected by a release from a facility on the NPL. Establishes a schedule for the commencement of remedial investigations and feasibility studies for all facilities on the NPL. Provides for the listing of additional facilities at regular intervals. Requires the commencement of remedial actions at a minimum rate of 200 facilities per year by the start of FY 1987. Requires the Administrator to complete preliminary assessments of all facilities on the Emergency and Remedial Response Information System list by the start of 1987. Requires completion of remedial action for facilities currently on the NPL within five years or requires an explanation of nonperformance. Permits individuals to petition the Administrator for a health effects study where hazardous substances have been removed. Permits Federal authorities to provide the Congress with information on such studies and their conduct without administrative clearance or approval. Authorizes the Administrator to: (1) provide alternative water supplies; (2) relocate individuals; and (3) provide medical care if such studies indicate the necessity of such actions. Requires the Administrator to revise the NCP, consistent with these provisions. Permits an individual to petition the Administrator for a preliminary assessment of a release. Includes damage to the food chain and the ambient air among the factors determining a facility or site ranking under the NCP. Authorizes the Administrator to determine whether and how an individual may object to a nonreviewable abatement action. Includes additional Federal cleanup or abatement activities for which a responsible party would be liable. Requires each Federal agency which may be a defendant under this Act to provide its own counsel rather than the Attorney General. Grants Federally-ordered lab tests the presumption of accuracy. Makes liability strict, joint, and several under this Act for damages and costs resulting from the release and cleanup of hazardous substances. Entitles a defendant to prove such damages are divisible and to seek contribution. Authorizes appropriations for FY 1986 through 1990 for the Hazardous Substance Superfund, earmarking specified amounts for the Leaking Underground Storage Tank Account. Repeals the ability of any party to recover for damages to natural resources caused by a release. Requires an annual audit of the conduct of Superfund, including comparative reports of actions taken in earlier fiscal years. Establishes a statute of limitations of six years after the completion of the response action, regardless of the date of discovery of the loss. Permits a State to require contributions for response costs compensated under this Act. Title II: Federal Cause of Action - Entitles individuals injured by the disposal of a hazardous substance to recover damages from the responsible parties who will be held strictly, jointly, and severally liable. Entitles such individuals to compensation for expenses related to personal injury, economic injury, and limited pain and suffering. States that this Federal cause of action does not preempt State law regarding liability for damages in connection with any hazardous substance. Establishes a three year statute of limitations, running from the date of knowledge of the injury or the date of enactment of this Act. Prohibits dual recovery through worker's compensation or actions filed in a State court and this Act. Permits additional recovery against the source of the disposal for later manifested injuries. Title III: Miscellaneous Provisions - Permits citizen action lawsuits against any party, including the Federal Government, involved with hazardous substances in such a way as may present an imminent and substantial danger to health or the environment or against the President for failure to perform a required duty. Requires potential plaintiffs to give 60 days notice to the appropriate Federal and State officials as well as the alleged violator before commencing an action. Prohibits such action if the Administrator or the State has commenced and is prosecuting a court action already or a settlement has been reached. Permits intervention, as a matter of right. Prohibits citizen actions for the siting or issuance of permit to a hazardous waste disposal facility. Authorizes the Federal district court to award costs to any substantially prevailing party. Permits EPA intervention as a matter of right. Includes the disposal of a pollutant or contaminant under CERCLA only as specified. Directs the Administrator to commence the drilling fluids study required by the Solid Waste Disposal Act within six months of this Act's enactment. Directs the Administrator to select ten to 20 areas to establish and operate for three to five years a victim assistance demonstration program for individuals injured through exposure to hazardous substances. Sets forth application and program criteria and conditions for such grants. Requires such programs to include group insurance benefits for medical treatment and disability. Requires the President to report annually to the Congress on the effectiveness of these programs. Requires participating States to report on such as well. Title IV: Community Right to Know and Emergency Planning - Amends the Toxic Substances Control Act by adding a new title II concerning the communities' right-to-know, emergency planning, and liability. Requires each covered manufacturer, distributor, user, and importer of a covered hazardous substance (potential release) to prepare and update a fact sheet for such substance for distribution to local police, fire, and health officials. Requires the fact sheet to include the name, physical properties of, and hazards posed by the substance, including potential routes of human exposure to such substance, symptoms of such exposure, and appropriate emergency and first aid procedures. Requires status sheets on the same basis as fact sheets, with each status sheet to include the maximum inventory and method of storage of the substance, the quantity of its emission into the environment, and the quantity and method for disposal. Requires the releasor of a covered hazardous substance in an emergency situation to provide an emergency bulletin to the State and local police and other local officials. Requires the bulletin to identify the name and amount of the substance released and the response actions taken. Requires fact and status sheets and emergency bulletins to be made available for public inspection with public notice of such availability at the facility of the potential releasor. Requires the Administrator of the Environmental Protection Agency to publish a uniform format for fact and status sheets. Authorizes a State's Governor to identify local officials to receive covered hazardous substance release information, with the Administrator doing so in the absence of the Governor's identification. Requires the potential releasors to maintain records of information required by this Act. Requires manufacturers or importers to transmit fact sheets to covered distributors or users upon shipping of a covered hazardous substance. Excludes certain small businesses and research, medical, and household uses from coverage under this Act. Provides protection for trade secrets while continuing to make necessary information available to the appropriate persons. Excludes listed or possible carcinogens from such protection. Sets forth application and substantiation procedures for trade secret claims. Permits affected citizens or government officials to compel disclosure of nonsubstantiated trade secrets through the Federal courts. Authorizes the Administrator to grant exemptions from the basic notification requirements of this Act through specified procedures open to the public, based upon a cost-benefits analysis where there is no reasonable likelihood of harm. Directs each covered major manufacturer to develop within two years of enactment of this Act a comprehensive evacuation and emergency response plan which addresses the health and safety issues applicable to such manufacturer's particular situation. Requires the plan to include designations of the appropriate government officials to be notified, mitigation measures, evacuation routes, notification plans, and evaluation of community support services. Authorizes each Governor to designate emergency response districts within 18 months of enactment of this Act or the Administrator will do so. Permits each Governor to appoint an Emergency Response Committee per district or the Administrator will be treated as such Committee. Requires such Committees to review the manufacturers' plans, revising them where necessary. Directs the Administrator within 18 months of enactment of this Act to develop uniform national mandatory labeling requirements for pipes, storage tanks, or containers not otherwise required to be labeled which would reasonably be presumed to release a covered hazardous substance. Requires the label to indicate the appropriate response to a release. Directs the Administrator to designate covered major manufacturers for emergency response purposes within one year of enactment of this Act. Limits the designation to those whose substances would pose an imminent and substantial danger to health and the environment if released in significant quantities. Includes all persons covered under this Act in lieu of such designations. Includes Federal departments as potential covered major manufacturers. Exempts those whose emergency activities are sufficiently covered under other Federal or State law. Renders the manufacturer or processor strictly liable for damages caused by accidental or abnormal releases, excluding act of God or war. Covers medical, burial, and economic losses as well as pain and suffering (to a limited extent). Includes specified analysis and scientific evidence and studies among the evidence which may be introduced to establish causation. Establishes a three-year statute of limitations from the date of enactment or the date of realization of injury for causes of action for injury from the release of a covered hazardous substance, whichever is later. Provides that this Act does not preempt State or other law in the area of liability for damages. Requires entitled individuals to receive compensation for injuries sustained from a hazardous substance release from workers' compensation rather than under this Act. Sets forth categories of substances to be considered covered hazardous substances and procedures for adding additional substances. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to compile and update a digest of all such substances. Exempts certain substances for this Act's purposes, based upon the form, amount, and other regulation of such substances. Establishes civil and criminal penalties, limiting criminal penalties to the knowing violation of emergency requirements. Authorizes citizens' suits to enforce this Act. Permits States to adopt more stringent right-to-know standards in the workplace context and emergency response requirements. Permits State and local governments to impose fees upon potential releasors to cover administrative costs. Title V: Amendments of the Internal Revenue Code to 1954 - Superfund Revenue Act of 1985 - Amends the Internal Revenue Code to increase and extend through FY 1990 the environmental excise taxes on petroleum and specified chemicals. Includes an inflation adjustment for computing the tax on chemicals. Exempts exported chemicals from tax liability. Adjusts special rules for certain chemicals. Imposes a waste end tax on: (1) the receipt of hazardous waste at a qualified hazardous waste management unit; (2) the ocean dumping of such waste; and (3) the export of such waste. Sets increasing, per-ton tax rates on the disposal of such wastes. Sets forth reporting requirements and penalties for violations. Establishes in the Treasury the Hazardous Substance Response Trust Fund. Establishes within Superfund a separate Leaking Underground Storage Tank Account. Directs the Secretary of the Treasury to study the economic impact of the environmental taxes on specified chemicals and report to the Congress on the results by April 1, 1986.
United States · United States Congress · 4 April 1985
Hazardous Waste Reduction Act of 1985 - Amends the Internal Revenue Code to impose a tax on the receipt of: (1) taxable hazardous waste in any qualified hazardous waste management unit; and (2) taxable hazardous waste for export or for disposal in the ocean pursuant to a permit. Provides that the tax rate for all forms of land and ocean waste disposal, except underground injection wells, shall be $20 for each ton of hazardous waste. Provides that the tax rate for each ton of hazardous waste placed in underground injection wells shall be five dollars per ton. Authorizes the Secretary of Treasury to increase the rates of tax on such hazardous waste where the tax revenue falls below projections for any year. Requires the tax to be paid by the owner or operator of the qualified waste management unit at which the taxable waste is received or by the person exporting the taxable hazardous waste or the person holding the permit for transport for ocean disposal. Requires the tax to be paid at the close of the calendar quarter during which the taxable hazardous waste became subject to tax. Imposes a tax of $20 per ton on hazardous waste placed in a facility other than a qualified hazardous waste management unit or pursuant to a permit for export or ocean dumping. Makes the person placing the hazardous material in the facility or location liable for the tax. Provides that such tax will not apply with respect to small quantity generator waste, or with respect to the placement of taxable hazardous waste in any facility, vehicle, or location if such placement is not required to comply with permit, interim status, or manifest requirement under the Solid Waste Disposal Act. Provides that the tax does not apply to the placement of taxable hazardous waste in a vehicle which is required to transport such taxable hazardous waste. Exempts from the tax waste removed from a Superfund site or a closed interim status facility or waste required to be studied. Exempts from the tax qualified wastewater treatment facilities. Provides that the exemption for qualified wastewater treatment facilities shall not apply after November 8, 1988, unless the facility is in compliance with certain minimum technological requirements or meets certain interim status surface impoundments requirements. Permits a tax credit where the taxable hazardous waste is moved from one unit or facility to another. Provides that where the taxable waste is moved from a surface impoundment to an underground injection well, the credit is the difference between the tax on the surface impoundment and the tax on the underground injection. Permits a tax credit for all waste rendered nonhazardous by reason of treatment or conversion within 12 months of receipt at the unit or facility. Prohibits the tax credit for treatment or conversion at a qualified wastewater treatment facility. Prohibits the tax credit for land treatment. Provides that the tax credit will not apply to any treatment or conversion which violates any requirement of Federal or State law relating to the management of hazardous taxable waste. Provides that this tax shall apply for the period from January 1, 1986, through September 30, 1990. Requires every person subject to this tax to keep records, render such statements, make such returns, and comply with such rules and regulations as the Secretary of the Treasury may require. Provides that the revenues from this tax shall be deposited in the Hazardous Substance Superfund. Requires the Secretary of the Treasury to make various reports to the Congress concerning different aspects of this tax on hazardous waste disposal.
United States · United States Congress · 4 April 1985
Renewable Energy and Conservation Transition Act of 1985 - Title I: Extension of Business Energy Credits - Amends the Internal Revenue Code to extend the energy investment tax credit for solar energy property from 1985 to 1990. Sets the amount of such credit during such period at 15 percent for low temperature solar property and 25 percent for all other solar property. Extends the energy investment tax credit for wind property from 1985 to 1988. Sets the amount of such credit at: (1) ten percent during 1986 and 1987; and (2) five percent during 1988. Extends the energy investment tax credit for geothermal property and biomass property from 1985 to 1988. Extends the energy investment tax credit for ocean thermal property from 1985 to 1990. Revises the definition of "solar property" for purposes of such tax credit. Sets forth special rules for geothermal equipment to qualify for such credit. Title II: Affirmative Commitment Rule to Extend the Business Credit for Certain Long-Term Projects - Extends the time period during which an affirmative commitment must be made in order for long-term energy projects to be eligible for the energy investment tax credit. Allows such extension: (1) from 1990 to 1993 for solar energy property; (2) from 1988 to 1990 for geothermal energy property; and (3) from 1985 to 1990 for hydroelectric generating property. Title III: Extension of Residential Energy Credits - Extends the residential energy income tax credit for solar renewable energy property from 1985 to 1990. Phases out such credit over such period of time. Provides that solar hot water systems and active space heating systems must meet certain additional standards in order to qualify for such credit. Extends the residential energy income tax credit for wind renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Extends the residential energy income tax credit for geothermal renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Revises the definition of geothermal deposits for purposes of such credit. Revises the definition of energy conservation expenditures for purposes of the residential energy income tax credit to limit the amounts taken into account to $700. Limits the energy conservation income tax credit to taxpayers with an adjusted gross income of less than $30,000. Title IV: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 4 April 1985
Expresses the sense of the Congress that the President should analyze the proposals of the President's Private Sector on Cost Control (Grace Commission) and submit to the Congress within 90 days a unified report and recommendations with respect to an identification of: (1) the 1,635 proposals of the Commission and the expected savings from each of them; (2) each recommendation that the President or executive branch already has implemented; (3) each remaining recommendation which can be implemented solely by the President or the executive branch and which the President supports; (4) each recommendation which can be implemented solely by the President or the executive branch and which the President opposes; (5) each recommendation requiring congressional action on which the Congress has taken action, and the expected savings from such action; (6) each recommendation which requires further congressional action and which the President supports; (7) each recommendation which requires further congressional action and which the President opposes; and (8) any other information regarding any recommendation which the President deems necessary or appropriate to transmit to the Congress.
United States · United States Congress · 3 April 1985
Hazardous Waste Safety and Technology Incentive Act of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) to require each State to develop and adopt a plan to assure the availability of adequate capacity to treat or dispose of all hazardous waste reasonably anticipated to be generated in such State during the next 20 years. Requires such plans to include timetables and schedules for the construction and operation of treatment and disposal facilities. Requires emissions standards for such facilities to conform with applicable State and Federal laws and to be sufficient to protect human health and the environment. Prohibits the construction or operation of new landfills. Requires the Administrator of the Environmental Protection Agency's (EPA) approval of such plans within two years. Provides for resubmittal of rejected plans. Prohibits the expenditure of Superfund monies for remedial action after four years if a State is not in compliance with an Administrator-approved plan. Amends the Solid Waste Disposal Act to prohibit the issuance of a hazardous waste facility permit unless the owner or operator of the facility enters into a siting agreement with the Administrator specifying the terms and conditions applicable to such facility, including construction, maintenance, monitoring procedures, and a relationship with and financial obligation to the local government. Amends Superfund to direct the Administrator to establish a national research and development program to develop advanced technologies to reduce the risks associated with hazardous waste disposal. Sets forth the components of such program. Limits the amount of available appropriations which may be used. Directs the Administrator to establish a Coordinated Permit Review Office within each regional office of EPA to accelerate the concurrent review of all hazardous waste treatment or disposal facility projects requiring agency permits as they relate to the nation's air, water, and land. Directs such Office to: (1) assist in identifying the appropriate permits needed for a site; (2) convene meetings to determine the scope of and issues raised by a proposed project; and (3) assist the applicable government agencies in working with the applicant. Authorizes the Administrator to guarantee loans for projects for the acquisition, construction, or installation of hazardous waste recycling or treatment equipment. Limits such loans to fixed percentages of total indebtedness or capital costs and restricts them to the private sector. Requires eligible projects to control emissions sufficiently to protect human health and the environment and meet applicable Federal and State air and water quality standards and conditions on land disposal. Makes landfill solutions ineligible for such guarantees. Grants priority to technologies which satisfy specified requirements of the Solid Waste Disposal Act. Requires recipients of such guarantees to report annually to the Administrator. Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to make grants to at least five States for demonstration programs for ensuring and improving enforcement of the requirements of such Act. Requires such States to: (1) complete the program within the year; (2) have adequately trained personnel; (3) establish a Federally-compatible system for collecting data relating to the transportation of hazardous materials and enforcement actions; and (4) establish meaningful penalties for violations. Requires the Secretary to report to the Congress and each participating State within two years. Authorizes appropriations. Directs the Director of the Federal Emergency Management Agency, acting through the Office of State and Local Assistance for Hazardous Materials Emergencies, to: (1) provide technical and financial assistance to States and local governments and for regional planning for emergency preparedness relating to accidents involving the transportation of hazardous materials; (2) be an information clearinghouse on accident response methodology; and (3) coordinate Federal emergency response programs. Requires the Director to establish the Office of State and Local Assistance for Hazardous Waste Emergencies to carry out such requirements. Authorizes appropriations.
United States · United States Congress · 3 April 1985
Defense Environmental Restoration Act of 1985 - Subjects facilities under the jurisdiction of the Secretary of Defense to the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund). Exempts the Secretary from the financial responsibility requirements. Prohibits the delegation to the Secretary of any response authority under such Act, requiring such authority to remain with the President or the Administrator of the Environmental Protection Agency (EPA) as appropriate. Permits the designation of the Secretary and other Department of Defense (DOD) officials as natural resources trustees under such Act. Authorizes the Administrator to delegate other authorities to the Secretary or DOD officials if it would be cost-effective except the authority to approve remedial action at a site on the National Priorities List (NPL) in a nonemergency situation. Authorizes the President to issue response action orders as necessary to protect the national security. Directs the Secretary to establish within the Office of the Secretary an office to implement the Defense Environmental Restoration Program which includes investigating and cleaning up contamination from hazardous substances and correcting environmental damage. Directs the Secretary to carry out response actions with respect to releases of hazardous substances from sites and vessels under the Secretary's jurisdiction. Excludes response actions which do not result in a new facility from military construction requirements. Permits removal or remedial action by another responsible party. Directs the Secretary to pay all fees and charges imposed by State and local authorities for storage and/or disposal of hazardous substances on lands under the jurisdiction of the Secretary. Authorizes the Secretary to implement the administrative abatement authorities where there may be an imminent and substantial endangerment to public health or the environment from a DOD controlled facility. Authorizes appropriations for FY 1986 through 1990 to carry out the restoration program. Makes available to the Secretary amounts recovered from responsible parties for response actions of the Secretary. Authorizes the Secretary to settle claims under CERCLA up to a specified amount. Authorizes appropriations for FY 1986 through 1990 for emergency removal actions where the release or threatened release of any hazardous substance presents an imminent and substantial endangerment to the public health or environment. Limits the per-site expenditure unless the Secretary and the Administrator agree that continued response actions are required in an emergency-type situation. Requires each emergency removal action to be completed within six months if possible or within 18 months at the outside. Requires the Secretary to notify the Congress within 15 days of obligating emergency funds. Authorizes the Secretary to use facility maintenance funds for response actions, including emergency actions. Authorizes the Secretary to utilize the services of any other Government agency on a reimbursable basis to carry out this Act. Directs the Secretary to establish a research, development, and demonstration program regarding hazardous waste management, including cost-effective strategies and technological innovation. Authorizes appropriations for FY 1986 through 1990. Directs the Secretary to notify the Administrator of the Agency of Toxic Substances and Disease Registry (ATSDR) within one year of this Act's enactment of the 25 hazardous substances most frequently used at DOD facilities for which no standard or water quality criteria are in effect under the other Federal environmental and water quality statutes. Requires ATSDR to prepare profiles on such substances within one year of receiving the funds to do so. Authorizes appropriations. Directs the Secretary to keep the regional EPA offices and the appropriate State and local authorities informed about any hazardous substance releases or proposed response actions occurring at a DOD site within their area. Requires that such notice be made prior to taking a response action in nonemergency situations. Directs the Secretary to establish a Technical Review Committee of such authorities whenever possible to review and comment on DOD proposals. Requires the Secretary to provide an opportunity for public participation before adopting a plan for remedial action at any DOD site on the NPL. Directs the Secretary to report annually to the Congress on the implementation of this Act, including a statement for each site and its hazardous substances, the response actions taken or proposed, and the costs involved. Directs the Secretary to provide the Congress with information on military construction projects in the budget attributable to environmental restoration programs. Requires military construction authorizations to separately set forth the amount requested for environmental restoration for each military department and defense agency. Authorizes the Secretary to carry out otherwise unauthorized emergency construction for hazardous substance response actions up to a specified amount and after congressional notification.
United States · United States Congress · 3 April 1985
Smoking, Medicare/Medicaid, and Alternative Revenue Tax Act of 1985 - Amends the Internal Revenue Code to increase the excise tax on cigarettes from: (1) $8 to $16 for small cigarettes; and (2) $16.80 to $33.60 for large cigarettes. Provides for a cost-of-living adjustment for such excise tax in fiscal years after FY 1986. Imposes a floor stock excise tax on small and large cigarettes. Appropriates 25 percent of the revenues raised by such additional taxes to each of: (1) the Federal Hospital Insurance Trust Fund (Medicare); (2) the Federal Supplementary Medical Insurance Trust Fund (Medicare); and (3) the State share of Medicaid costs. Expresses the sense of the Congress that there is no need for Medicare Part B premiums to pay for a greater proportion of program costs. Expresses the sense of the Congress that the remaining 25 percent of the revenues raised by such additional excise tax should be used to reduce the Federal cost of Medicaid and should thereby reduce the Federal deficit.
United States · United States Congress · 3 April 1985
Expresses the sense of the House of Representatives that the Soviet Union should be condemned for the murder of Major Arthur D. Nicholson, Jr., and actions inconsistent with the 1947 Military Liaison Missions Agreement.
United States · United States Congress · 2 April 1985
Medicare and Medicaid Patient and Program Protection Act of 1985 - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to exclude from participation in programs under title XVIII (Medicare) of the Social Security Act any individual or entity: (1) convicted of a criminal offense related to the delivery of an item or service under title XVIII or under titles XIX (Medicaid), V (Maternal and Child Health Block Grant), or XX (Block Grants to states for Social Services) of such Act; or (2) convicted of a criminal offense related to neglect or abuse of patients in connection with the delivery of a health care item or service. Authorizes the Secretary to exclude from Medicare participation any individual or entity: (1) convicted of fraud with respect to any Federal, State, or locally financed health care program; (2) convicted of interferring with the investigation of health care fraud; (3) convicted of manufacturing, distributing, or dispensing a controlled substance; (4) whose health care license has been suspended or revoked; (5) suspended or excluded from participation in a Federal health care program; (6) claiming excessive charges or providing unnecessary services; (7) committing certain acts prohibited under title XI; (8) owned or controlled by an individual convicted of health care related crimes, fined for health care abuses, or excluded from Medicare or a State health care program; and (9) failing to supply certain information. Authorizes the Secretary to exclude any hospital failing to comply with corrective action required under title XVIII. Sets forth provisions relating to notice requirements, judicial review, and period of exclusion. Directs the Secretary to promptly notify each appropriate State agency administering or supervising the administration of a State health care program of each exclusion and the period of exclusion. Permits an excluded individual or entity to apply, following a period exclusion, to the Secretary for reinstatement. Sets forth provisions providing for civil and criminal penalties for acts involving Medicare or State health care programs abuse, including penalties for physician misrepresentations. Requires a State, as a condition of Medicaid plan approval, to provide for the following: (1) a system of reporting any type of adverse action concluded against any health care practitioner or entity by the State or a local licensing authority; and (2) such access to documents as may be necessary by the Secretary. Requires the Secretary to provide suitable safeguards for the confidentiality of such information. Requires any health care provider providing health care services for which payment may be made under the Act to assure that services or items furnished: (1) will be provided economically and only when, and to the extent, medically necessary; (2) will be quality services which meet professionally recognized standards of health care; and (3) will be supported by evidence of medical necessity and quality in such form and fashion and at such time as may reasonably be required by a reviewing peer review organization in the exercise of its duties and responsibilities. Permits a State to exclude from Medicaid participation any individual or entity excluded under Medicare pursuant to the patient and program protection provisions. Requires a State in order to receive Federal payments with respect to a health maintenance organization (HMO) to exclude any HMO that: (1) could be excluded because of the conviction of the owners or managers of certain crimes; or (2) contracts with any individual or entity convicted of such crimes. Prohibits Federal payments with respect to any amount expended for items or services furnished with respect to any individual or entity excluded from Medicaid participation because of the patient and program protection provisions. Prohibits a State under title V from making payments to any individual or entity excluded from participation pursuant to the patient and program protection provisions. Prohibits Federal payments with respect to any amount expended for items or services furnished with respect to any individual or entity excluded from Medicare because of the patient and program protection provisions of part A of title XI. Prohibits using a grant under title XX for payment for any item or service furnished by a person excluded from title XX participation because of the patient and program protection provisions of title XI. Revises disclosure requirements under part A of title XI. Revises Medicare provisions concerning agreements with providers. Modifies the Medicaid moratorium provisions of the Deficit Reduction Act of 1984 to consider a State's Medicaid plan to include any plan change submitted to the Secretary either before or after the enactment of that Act and whether or not approved or disapproved by the Secretary. Sets forth effective date provisions.
United States · United States Congress · 2 April 1985
Amends the Magnuson Fishery Conservation and Management Act to require conservation and management measures to address current and potential habitat conditions and needs for the production of fishery resources. Revises provisions concerning the organizational makeup of the Pacific Fishery Management Council and appointment of voting members to regional fishery management councils. Specifies certain nonvoting members to be placed on the Pacific Council. Requires any fishery management plan to identify and discuss: (1) current and probable future habitat conditions; (2) the life and habitat requirements necessary to sustain the fishery and its food base; and (3) measures needed to conserve, restore, or enhance habitat essential for the fishery. Requires the National Marine Fisheries Service (the Service) to support the various regional councils in fulfilling such requirements. Outlines specified support required of the Service. Requires support requests to the Service to be responded to within 60 days, unless a written explanation of the delay is provided by the Service or any other Federal agency so requested. Directs each Federal agency to ensure that no action of that agency causes significant fisheries harm. Requires an agency, before taking any action, to consider whether the action is likely to cause significant fisheries harm. Requires notification by the head of an agency to the Secretary of Commerce and consultation with the Secretary regarding preventive measures if it is decided that an action of that agency will cause significant fisheries harm. Requires the Secretary to then notify each regional council of that decision within five days of notification to the Secretary. Requires the Secretary to monitor the activities of Federal agencies to assure compliance with such provisions. Requires certain action of the Secretary in the event of agency noncompliance. Allows a council to submit comments concerning the minimization of fisheries harm to either the Secretary or the Federal agency concerned, with a response to such comments required within 60 days. Requires the Secretary to notify a Federal agency within 60 days of notification from such agency and to include in such notification the decision of the Secretary regarding whether or not the action of that agency will likely cause significant fisheries harm, and if affirmative, measures to be taken to prevent or minimize such harm. Requires such agency to then respond to the Secretary within 30 days stating that the agency either will or will not undertake the original proposed action. Requires the Secretary, after Federal preemption of fishery regulation over a State by the Secretary and after appeal of such preemption by a proper party within 48 hours, to establish an arbitration panel within 48 hours of the appeal in order to decide whether the assumption by the Secretary of regulation of the fishery is adequately supported by scientific evidence. Requires immediate termination of such preemption by the Secretary if the panel rules against such preemption action.
United States · United States Congress · 2 April 1985
Prohibits obligating or spending FY 1985 or 1986 funds for the purpose of introducing U.S. armed forces into or over El Salvador or Nicaragua for combat unless: (1) the Congress has declared war or enacted specific authorization for such introduction; or (2) such introduction is necessary to meet a clear and present danger of hostile attack upon the United States, or to meet such a danger to and to protect the U.S. embassy, or to meet such a danger to and to protect and evacuate U.S. Government personnel or U.S. citizens.
United States · United States Congress · 2 April 1985
Humane Product Testing Act of 1985 - Requires Federal departments and agencies to promote nonanimal alternatives to the LD50 test used in the testing of products. Phases out the use of such test to the degree possible within one year of this Act's enactment. (LD50 is a procedure whereby toxicity is measured in terms of the median dose which will kill 50 percent of the test animals within a specified period.)
United States · United States Congress · 2 April 1985
Declares that all persons in the workplace, regardless of whether they are employed in manufacturing or any other industrial or commercial enterprise, have a fundamental right to know when they are handling or are exposed to a hazardous substance which may threaten their health and well-being. Declares that the Occupational Safety and Health Administration should immediately revise its Hazardous Communication Standard so as to: (1) provide for the dissemination of meaningful information to workers on the actual identity and composition of hazardous substances which workers handle or are exposed to; (2) extend "Right to Know" protection to all workers in all industries and services which are not covered by this standard; and (3) set minimum requirements which States may improve upon through appropriate legislation. Commends the action of those State and local governments which have passed community "Right to Know" laws to safeguard the health and well-being of all their citizens in the community at large.
United States · United States Congress · 1 April 1985
International Development and Growth Act of 1985 - Title I: - Sets forth the findings and purposes of this Act. Title II: Policy and Presidential Mandate - Declares that achievement of an orderly movement toward lower exchange rates for the dollar is a primary objective of U.S. economic policy. Directs the President to pursue: (1) negotiations with U.S. trading partners regarding the high value of the dollar on exchange markets; and (2) steps to secure necessary commitments for actions from such countries to help moderate the dollar in international exchange markets. Directs the Federal Reserve Board to consider actions in coordination with the central banks of U.S. trading partners to lower dollar exchange rates. Title III: Commission on International Development - Establishes the Commission on International Development which shall make recommendations to the President and the Congress concerning: (1) changes in U.S. fiscal and monetary policies which will encourage international economic growth and stimulate the volume of international trade; (2) actions which should be taken to stimulate growth of developing economies and to counteract the adverse effects which the high level of international debt is having on developing economies and the U.S. trade imbalance; (3) the restructuring of the international monetary system and the system of international trade finance; (4) new institutional mechanisms to stretch out developing country debt to longer term maturities; and (5) expanded roles for private banks and existing multilateral development institutions. Sets forth administrative provisions governing the Commission. Authorizes appropriations.
United States · United States Congress · 1 April 1985
Amends the National Parks and Recreation Act of 1978 to increase from five to ten years the time period between the Secretary of the Interior's approval of a comprehensive plan for the Santa Monica Mountains Zone and the time the State of California may apply for grants for land acquisition and public facility development in such Zone.
United States · United States Congress · 1 April 1985
Trade Law Reform and Enforcement Act of 1985 - Title I: Relief from Injury Caused by Import Competition - Amends the Trade Act of 1974 to transfer from the President to the U.S. Trade Representative (USTR) the responsibility for taking action with respect to import relief petitions. Changes the injury test for import relief actions. Requires a petitioner for import relief to show that increased imports are a cause of serious injury to a competing domestic industry. Defines "cause" to mean an important cause even if another cause is of equal or greater importance. (Current law requires the petitioner to show that increased imports are a "substantial cause" of serious injury to such domestic injury.) Requires the International Trade Commission (ITC), in investigating whether increased imports are causing serious injury, to consider the inability of a significant number of firms to operate domestic production facilities at a reasonable level of profit. (Current law does not refer specifically to domestic production facilities.) Requires the ITC, in investigating whether increased imports of an article are resulting in a threat of serious injury to domestic competitors, to consider, in addition to other factors: (1) any act, policy, or practice of an exporting country intended to increase the competitiveness of the article in world markets; (2) the extent to which the U.S. market is the focal point for diversion of exports of such article by reason of restraints on exports of such article to, or on imports of such article into, third country markets; or (3) the inability of the domestic producers to generate adequate capital to finance the modernization of plant and equipment. Authorizes the USTR to establish an adjustment advisory group (the advisory group) for an industry on the same day that the ITC begins an import relief investigation based on a petition filed by an entity which is representative of such industry, if such entity requests that the advisory group be established. Requires the advisory group to prepare for the industry concerned an adjustment plan that sets forth specific objectives to improve the ability of the industry to compete in the world market or to assist the industry to adjust to new competitive realities. Declares that the advisory group should set forth those actions that Federal agencies may take, and specify any additional legislative authority needed, to help achieve the objectives of the adjustment plan. Requires an adjustment plan to be completed within 120 days after the start of the ITC import relief investigation. Requires the USTR to seek the unanimous agreement of the advisory group regarding the adjustment plans objectives and actions and to notify the the ITC and specified Federal officers of each unanimously agreed upon objective or action. Directs the President, if the USTR decides to provide import relief and such an adjustment plans was prepared, to published the adjustment plan in the Federal Register. Makes the actions specified in the adjustment plan obligatory for the firms, workers, and their representatives within the industry and the Federal agencies affected by the adjustment plan upon such publication. Requires the USTR to establish, concurrently with such publication, an adjustment plan review board (review board) that shall: (1) monitor the carrying out of the approved actions in the plan; (2) make such recommendations for administrative action under existing statutory authority as may be necessary to implement Federal obligations under the plan; and (3) submit to the Congress recommended legislation to achieve the objectives of the plan. Requires the review board to notify the USTR if the review board determines that failure of the firms or workers or their representatives to implement or to implement satisfactorily their obligations under the adjustment plan is not justified by changed circumstances and has adversely affected overall adjustment plan implementation to the extent that the objectives of the plan cannot be achieved. Authorizes the USTR, upon such notification to modify or terminate all import relief provided to the industry concerned. Authorizes the USTR, whenever the USTR during an import relief investigation finds that critical circumstances exist, to impose provisional import relief measures unless disapproved by the President. Authorizes the USTR to find that critical circumstances exist if sharply increased imports over a relatively short period of time have led to circumstances in which a delay in the imposition of relief measures would likely cause damage which would be difficult to repair. Requires the ITC, if it makes an affirmative finding or recommendation in an import relief investigation, to determine also whether trade in the article concerned has been affected by the actions of a foreign government or governments to expand export markets or increase the competitiveness in world markets, and any restrictions on imports of the article for safeguard or other reasons. Directs the USTR, if the ITC determines that trade in the article concerned has been affected by such government actions, to consult and negotiate with foreign countries to seek to restore fair and equitable trade patterns. Title II: Enforcement of United States Rights Under Trade Agreements and Response to Injurious Industrial Targeting and Other Foreign Trade Practices - Authorizes the USTR to take one or more specified actions to enforce U.S. trade rights or to respond to unfair foreign trade practices (other than injurious industrial targeting), if the USTR determines such action is appropriate. (Current law requires the President to take all appropriate and feasible actions to enforce U.S. trade rights or to eliminate unfair trade practices.) Sets forth the kinds and scope of actions which the USTR may take. Requires the USTR to file with the ITC a copy of the petition or other document which causes the USTR to start an investigation into injurious industrial targeting. Defines "injurious industrial targeting" to mean any combination of coordinated government actions that are bestowed on a specific enterprise the effect of which is a significant factor in such enterprise capturing increases in market shares of any kind of merchandise that is directly competitive with merchandise produced by a U.S. industry. Requires the ITC to make a preliminary determination within 60 days of the start of the investigation on whether it is likely that, because of sales or likely sales in the United States or abroad of the merchandise under investigation: (1) an industry in the United States is materially injured or is threatened with material injury; or (2) the establishment or growth of an industry in the United States is materially retarded. Requires the ITC to make a final determination on such question within 45 days after the USTR determines that injurious industrial targeting exists. Requires the USTR to take one or more specified actions if the preliminary determinations of the ITC and of the USTR are both affirmative. Requires the USTR, unless a settlement agreement is reached, to take one or more specified actions to offset the injury to a U.S. industry if the final determinations of the ITC and the USTR are affirmative. Directs the USTR to appoint an advisory committee of representative firms, workers, and Federal employees if the USTR's preliminary determination finds that injurious industrial targeting exists. Directs the USTR, in consultation with such committee, to formulate actions to restore and improve the competitive position of the industry concerned in the U.S. market and export markets. Requires the USTR, if the final determination is that injurious industrial targeting exists, to: (1) submit to the Congress information with respect to those trade actions that the USTR proposes to take to offset the injury, threat of injury, or retardation of U.S. industry; and (2) submit to the President the proposed administrative actions and legislation if the USTR decides to provide this kind of relief. Sets forth the method of determining material injury or threat of material injury. Requires the USTR to make a preliminary determination within 150 days of the start of an investigation of alleged unfair trade practices or injurious industrial targeting on whether there is reason to believe that it is likely that: (1) U.S. action will be appropriate; or (2) injurious industrial targeting exists. Provides that if the preliminary determination is affirmative, the USTR: (1) may take certain provisional actions if injurious industrial targeting is not involved; or (2) shall take certain provisional actions if the investigation involves injurious industrial targeting. Requires the USTR to make a final determination within 330 days of the start of an investigation of alleged unfair trade practices or injurious industrial targeting on whether: (1) U.S. action is appropriate; or (2) injurious industrial targeting exists. Provides for certain actions to be taken if such final determination is affirmative. Directs the USTR to consult closely with the petitioner on the nature of any U.S. action in response to unfair trade practices. Directs the USTR, if the final determination is negative, to terminate any provisional action that had been taken and to refund any duties or fees collected. Directs the USTR to consult with the appropriate private sector advisory representatives regarding actions to be taken in response to unfair trade practices. Directs the USTR to obtain detailed information from foreign governments about the allegations contained in petitions made in connection with investigations of unfair trade practices or of injurious industrial targeting. Requires the USTR to verify such information. Requires the determination of the USTR to be made on the basis of the best available information if the foreign government fails to provide information requested by the USTR. Authorizes the USTR to accept a settlement agreement in lieu of taking other actions in cases involving injurious industrial targeting. Prohibits acceptance of such an agreement without the concurrence of the petitioner. Directs the USTR to consult with representatives of the industry affected and with the appropriate trade policy advisory committee with respect to preliminary or final determinations of appropriate U.S. responses to unfair trade practices. Requires the USTR to seek the reviews of such industry representatives and committees if the USTR decides that action by the United States is not appropriate. Requires the USTR to report the views of such industry representatives and committees to the Congress before taking such negative action if the industry representatives and committees disagree with the decision of the USTR. Directs the USTR, if the contracting parties to the General Agreement on Tariffs and Trade disapprove of any action taken by the United States in response to unfair trade practices or injurious industrial targeting, to take such action as the USTR determines appropriate to compensate any foreign country or instrumentality adversely affected by such action. Directs the USTR to consult with the petitioner and the representatives of workers and firms in the affected industry on whether to take action under the Tariff Act of 1930 if the USTR has reason to believe that the foreign government under investigation is engaged in acts or practices actionable under title VII of the Tariff Act of 1930 (relating to countervailing and antidumping duties.) Directs the USTR to direct the Secretary of Commerce to begin an antidumping or countervailing duty investigation if it is determined to be appropriate. Title III: Miscellaneous Amendments - Amends the Tariff Act of 1930 to direct the ITC to establish and implement a program to assess and evaluate the industrial and trade policies of other countries and their effects on U.S. industries, trade, and employment. Directs the ITC to submit a report annually to the Congress setting forth the assessments and evaluations and describing the developments that will affect the competitive position of U.S. industry and of particular U.S. industry sectors. Directs the USTR to convene a special industry sector advisory panel for especially significant industries that will be affected by development which either create a significant likelihood of a competitive challenge to, or of substantial dislocation in, key linkage industries in the United States or present significant opportunities for U.S. industries to compete in new geographical markets or product markets or to expand their position in established markets.
United States · United States Congress · 1 April 1985
Industrial Strategy Act - Title I: Cooperation Council - Establishes the Economic Cooperation Council. Directs the Council to: (1) gather information and monitor the changing nature of the United States industrial economy and its capacity to provide marketable goods and services in the domestic market and to respond to international competition; (2) publish reports containing its recommendations on such information and on industrial development priorities, at the request of the President, the Congress, or a majority of its members; (3) provide direction to the Congress and to Federal agencies on national industrial policy and sectoral strategies; (4) establish area and sectoral councils to develop long-term strategies for sectors of the economyn or particular regions of the country; (5) provide policy guidance for the Industrial Modernization and Financing Association created by this Act; and (6) transmit to the Congress and the President, within one year after enactment of this Act, a report containing its recommendations for changes in Federal policy needed to implement an effective national industrial strategy. Establishes within the Council a Bureau of Economic Information (BEI). Directs the BEI to: (1) gather and evaluate data from other Government entities: (2) identify information practices which require improvement; (3) conduct economic research not available from other Government entities; (4) solicit information from private sources; and (5) develop the information into the form required by the Bureau of Economic Analysis. Creates within the Council a Bureau of Economic Analysis (BEA). Directs the BEA to: (1) analyze BEI information for the Council and the IMFA; (2) identify economic trends and market opportunities which American enterprises may use to promote the growth and vitality of the U.S. economy; (3) propose changes in Government policies or practices to facilitate such use; (4) provide for the dissemination of economic data to the private sector; and (5) provide staffing functions for the council's development of sectoral and national industrial strategies and consensus among affected parties. Requires the council to report annually to the President, the IMFA, and both Houses of the Congress on the major industrial development priorities of the United States, policies needed to meet such priorities, and council recommendations for administrative and legislative actions. Authorizes appropriations for FY 1985 through 1990. Title II: Industrial Modernization and Financing Association - Creates the IMFA as a Government agency. Vests IMFA powers in its Board of Directors. Directs the IMFA to: (1) enter into agreements necessary to assure that all parties carry out their responsibilities under a modernization plan adopted by the council; (2) provide financial assistance toward carrying out and such plan; and (3) assist the parties in obtaining assistance from other Federal agencies or private sources. Authorizes the IMFA to make loans and loan guarantees for up to 30 percent of the funding necessary to carry out individual projects, provided that no individual loan guaranteed by the IMFA shall exceed $500,000,00. Authorizes the IMFA to enter into financial assistance contracts under which the IMFA would participate in gains of assistance recipients. Directs the IMFA to try to use guarantees for loans from pension funds to industry. Sets forth other conditions land requirements for loans, loan guarantees, and applications. Directs the IMFA to submit to the President and the Congress an annual report on its operations, its revenues and expenditures, and its obligations and outstanding securities. Title III: Federal Industrial Loan Corporations - Federal Industrial Loan Corporation Act - Establishes the Federal Industrial Loan Corporation. Directs the Corporations to: (1) coordinate its actions with the Council; and (2) use its powers to help achieve the Council's goals. Authorizes the Corporation to purchase and make commitments to purchase certain industrial loans from qualified financial institutions and to hold, deal with, and sell such loans. Directs the Corporation to establish minimum standards for such financial institutions. Permits the corporation to issue and sell securities based upon such loans as it may set aside. Directs the corporation to submit an annual report on its activities to the President and the Congress. Authorizes appropriations for FY 1986.
United States · United States Congress · 1 April 1985
Export Promotion and Fair Credit Act of 1985 - Amends the Export-Import Bank Act of 1945 to establish the Fund for Countering Abusive Mixed and Tied Aid Credits (the Fund) which shall provide the Export-Import Bank (the Bank) with a source of funds to support offers of mixed credits in order to discourage or, failing that, to counter offers of abusive mixed credits. Directs the Bank to use the Fund exclusively to finance the difference between the amount by which the interest rate the Bank considers necessary to discourage or counter an abusive mixed credit offer supported by a foreign government exceeds the greater of: (1) the interest rate the Bank would normally charge; or (2) the interest rate which any U.S. private financial institution is prepared to offer on such loan. Grants eligibility for such mixed credit offers to any country which is eligible for either development assistance or economic support funds. Directs the Bank to use the Fund aggressively to discourage or effectively counter abusive mixed credit offers supported by foreign governments. Authorizes appropriations. Reserves a specified portion of the Bank's direct lending authority for FY 1985 for establishing a mixed credit program. Requires such mixed credit program: (1) to be used by the Bank to discourage or counter abusive mixed credit offers; (2) to be conducted in association with the Fund; and (3) to give priority to the needs of small businesses. Establishes in the Bank an Office of Competitive Export Financing which shall advise the Bank's Chairman and Board of Directors on: (1) current developments in the official export financing of major U.S. trade competitors; (2) innovations and improvements needed to discourage or counter comparable practices used by other countries; and (3) policies and procedures the Bank should follow in order to become an effective originator of loan offers and to improve the Bank's effectiveness in discouraging or countering such practices.
United States · United States Congress · 28 March 1985
Prohibits interstate and foreign commerce in any article of fur derived from an animal trapped in a steel jaw leghold trap. Establishes criminal penalties for violations of this Act. Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Makes the Secretary, with the assistance of appropriate Federal or State personnel, responsible for enforcing this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture.
United States · United States Congress · 27 March 1985
Expresses the sense of the House of Representatives that travel by Members of Congress to the Soviet Union and travel by Soviet leaders to the United States serves the interests of the two nations and that such travel is encouraged.
United States · United States Congress · 26 March 1985
Recognizes the pause for the Pledge of Allegiance as part of the celebration of National Flag Day and urges all Americans to participate by reciting the Pledge in unison at a specified time on that day.
United States · United States Congress · 26 March 1985
States that the United Support of Artists for Africa should be commended for aiding the African famine victims and for demonstrating that people can make a difference in relieving the plight of those victims.
United States · United States Congress · 21 March 1985
Directs the Postal Service to establish a program under which change-of-address forms may be transmitted to appropriate State election authorities for voter registration purposes. Directs the Postal Service to prescribe regulations under which a State may participate in such program. Authorizes appropriations.
United States · United States Congress · 21 March 1985
Safe Drinking Water Act Amendments of 1985 - Title I: Public Water Systems - Amends the Safe Drinking Water Act (SDWA) to make existing national interim primary drinking water regulations final. Directs the Administrator of the Environmental Protection Agency (EPA), within varying time periods for specified contaminants, to simultaneously propose and then publish either maximum contaminant level goals and national primary drinking water regulations or else a determination that such regulations are not justified because the levels of such contaminant in the public water systems do not represent a threat. Directs the Administrator to publish maximum contaminant level goals and simultaneously promulgate national primary drinking water regulations for each other substance which may have an adverse effect on human health. Requires the Administrator to publish an annual list establishing priorities for the review of such substances, considering substances regulated as toxic water pollutants under the Clean Water Act and substances registered as pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. Directs the Administrator, within three years of each contaminant's being listed on such priority list, to simultaneously propose and then publish either maximum contaminant level goals and national primary drinking water regulations or else a determination that such regulations are not justified. Requires that each maximum contaminant level goal allow an adequate margin of safety and that each national primary drinking water regulation specify a maximum level which is as close to the goal as is feasible. Authorizes the Administrator to promulgate a national primary drinking water regulation that requires the use of an acceptable treatment technique in lieu of establishing a maximum contaminant level if it is not economically or technologically feasible to establish such a level. Directs the Administrator to propose and promulgate primary drinking water regulations specifying when public water systems using surface water as a source of supply must use filtration. Directs the Administrator to promulgate disinfection regulations applicable to all public water systems, including variances and technical assistance. Directs the Administrator to provide the Science Advisory Board an opportunity to comment prior to the proposal of a maximum contaminant level goal and national primary drinking water regulation. Authorizes the Administrator to take into consideration the size of a public water system and the contaminants likely to be found in its drinking water in requiring a system to monitor for unregulated contaminants. Directs the Administrator to promulgate regulations requiring every public water system to conduct a monitoring program for unregulated contaminants at least once every five years, unless the number of persons served or the likely contaminants require greater frequency. Authorizes the primary State enforcement authority to delete contaminants for an individual system after Administrator approval of the assessment. Permits the waiver of such monitoring requirement for certain systems which have recently concluded such a program and for certain systems supplying fewer than 150 service connections. Authorizes the Administrator to issue compliance orders as well as bring civil suits to enforce these provisions. Directs the Administrator to amend regulations to provide for varying types and frequencies of public notice of violations by a public water system, depending upon their frequency and seriousness. Requires a State to prescribe within one year a schedule of compliance and implementation of control measures at the same time it grants an exemption. Permits the primary enforcing authority (State or Administrator in the case of four States and the District of Columbia) to extend the exemption for up to three years after the issue date if a system in good faith cannot meet the standard without capital improvements or financial assistance or has agreed to become part of a regional public water system. Permits exemption renewals for systems with 500 or fewer service connections. Establishes criminal and civil penalties for tampering with a public water system. Authorizes the Administrator to provide technical assistance to small public water systems to enable them to comply with national drinking water standards. Authorizes appropriations for FY 1986 through 1989. Title II: Protection of Underground Sources of Drinking Water - Prohibits the disposal of hazardous waste by underground injection above or into a formation which contains an underground source of drinking water unless such injection is part of a required corrective or response action. Directs the Administrator to require groundwater monitoring at appropriate locations to detect fluid migration into underground drinking water sources from injection wells. Requires the Administrator to report to the Congress within nine months of this Act's enactment on State surveys of disposal wells which discharge nonhazardous waste into or above underground sources of drinking water. Directs the Administrator to issue a compliance order or commence a civil action if a State does not enforce violations of the underground injection control program. Quintuples the maximum per day penalty for violations. Revises other provisions relating to the imposition of civil penalties. Requires each State to adopt and submit to the Administrator for approval a comprehensive State plan to protect underground sources of drinking water from unhealthful contamination. Requires such plans to: (1) identify the implementing agency; (2) identify each underground water source, its quality, patterns, and contamination potential; (3) identify the types of human development and their effects for each such source; (4) set forth regulations, including establishing best management practices for potential contamination activities; and (5) guarantee alternative drinking water supplies when an underground source becomes unhealthful to persons. Sets forth submission and resubmission procedures. Requires State compliance with these requirements as a condition of receiving funds for a State underground injection program. Extends to natural gas storage operations specified limitations on regulation of underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production. Limits the use of funds authorized for such purposes to these purposes. Requires each State to implement its plan within two years of its adoption if possible, submitting a progress report to the Administrator within that time regarding implementation. Requires Federal agencies involved in activities affecting a critical recharge area identified in an approved State plan to act in a manner consistent with such plan. Authorizes municipalities within a sole source area to petition the Governor to designate part of such area as a "special protection area." Requires the Governor, if approving the petition, to: (1) designate or establish an entity to develop a comprehensive management plan; (2) assure and encourage public participation; and (3) submit to the Administrator of the Environmental Protection Agency the proposed boundaries of the area and a description of the planning entity. Authorizes the Administrator, if approving the Governor's submission, to provide such State with a 50 percent matching grant for the costs of preparing the petition and developing and implementing the plan. Increases the Federal share to 60 percent for aquifers serving populations of 10,000 or less. Requires the plan to maintain the quality of the ground water recharged through the special protection area by maintenance, to the maximum extent possible, of the natural vegetative and hydrological conditions. Permits the resubmission of modified plans if earlier submissions to the Governor or Administrator are rejected. Authorizes the Administrator or a State with primary enforcing responsibility to order certain contaminators of a sole or principal source aquifer which supplies a public water system to provide potable water to affected persons. Establishes civil penalties for violations. Directs the Administrator to establish criteria for sole or principal source areas. Title III: General Provisions - Authorizes appropriations for FY 1986 through 1989.
United States · United States Congress · 21 March 1985
Provides for a demonstration program in which a limited number of States would be permitted to provide unemployment compensation to individuals for the purpose of funding self-employment. Directs the Secretary of Labor to enter into a program agreement with at least five, but not more than ten, States. Sets forth factors that the Secretary must consider in selecting States for such program. Requires program agreements to provide that: (1) each eligible individual, for the three-year benefit period beginning on the date on which such agreement is entered into, shall be entitled to receive adjustment assistance in the form of self-employment allowances; and (2) an individual receiving such assistance shall not be eligible to receive, in addition to such assistance, extended or other additional compensation with respect to such benefit year if payment is made under this Act by the State in lieu of regular compensation. Makes an individual an eligible individual with respect to any benefit year, for purposes of this Act, if such individual: (1) is eligible to receive regular compensation under the State law during such benefit year; (2) submits an application to the State agency for adjustment assistance under this Act; and (3) meets applicable State requirements. Limits the number of individuals who may be considered as eligible individuals for purposes of this Act during such year. Provides that the aggregate amount of adjustment assistance provided under this Act in the form of a self-employment allowance to any individual with respect to any benefit year shall not exceed the maximum amount of regular compensation that a State makes available plus any extended or additional compensation payable to such individual with respect to such benefit year. Provides, for such purposes, that the maximum amount of extended or other additional compensation payable to any individual with respect to any benefit year shall be determined: (1) as of the day on which the individual submits an application for adjustment assistance under this Act, by assuming that the unemployment conditions in the state during the week in which such application is submitted will remain constant; and (2) without regard to any termination of a program under which payments of extended or other additional compensation are being made for the week in which such application is submitted. Permits eligible individuals to file applications for self-employment allowances with State agencies responsible for administering agreements under this Act. Allows a State to pay a self-employment allowance in one or more payments and to make the payment directly to, or on behalf of, an eligible individual. Prohibits a State from offering such allowances unless it is implementing a program approved by the Secretary and designed to select and assist individuals for self-employment, monitor such employment, and provide for complete evaluation of the use of such allowances. Provides that State and Federal requirements relating to availability for work, active search for work, or refusal to accept suitable work shall not apply to an individual receiving a self-employment allowance under this Act as long as such individual is self-employed. Provides for payments to States of amounts equal to the Federal share of each payment (other than administrative expenses) made by the State agency on account of adjustment assistance provided to an individual under this Act. Requires that such Federal share be paid from amounts available for payment of the Federal share of extended or supplemental compensation and from any amounts appropriated to carry out this Act. Makes such Federal share equal to the percentage of the extended or other additional compensation taken into account for purposes of this Act for which the State would have been entitled to reimbursement if such additional compensation had been paid under the Federal-State Extended Unemployment Compensation Act of 1970, the Federal Supplemental Compensation Act of 1982, and any other Federal law providing additional compensation. Permits States to make payments (exclusive of administrative expenses) from State unemployment funds for adjustment assistance provided under this Act. Provides, for purposes of Social Security Act provisions relating to grants for administrative expenses, that the provisions of this Act shall be treated as unemployment compensation law. Directs the Secretary to submit to the Congress: (1) within two years after enactment of this Act, an interim report on the effectiveness of such demonstration program; and (2) within four years after such enactment, a final report on such program. Sets forth provisions relating to fraud and overpayments. Excludes activities taken by a State pursuant to an agreement under this Act from being taken into consideration in determining whether there has been a net decrease in the solvency of the State unemployment compensation program. Defines "extended or additional compensation," for purposes of this Act, as: (1) extended compensation; (2) Federal supplemental compensation payable under the Federal Supplemental Compensation Act of 1982; and (3) any other compensation payable to exhaustees by reason of conditions of high unemployment. Gives certain other terms under this Act the same meanings as under the Federal-State Extended Unemployment Compensation Act of 1970. Makes this Act effective on October 1 of the first fiscal year beginning after its enactment date.
United States · United States Congress · 21 March 1985
Amends rule XXII of the House of Representatives to prohibit the consideration of any bill or resolution which provides for the designation of any commemorative day or period.
United States · United States Congress · 20 March 1985
Mail Order Drug Paraphernalia Control Act - Makes it a Federal criminal offense for any person to use the U.S. Postal Service or any private parcel service in interstate commerce as part of a scheme to sell drug paraphernalia. Imposes a penalty of imprisonment for not more than three years and a fine of not more than $100,000. Provides for the seizure and forfeiture of any paraphernalia involved in a violation of this Act.
United States · United States Congress · 20 March 1985
Labor-Management Notification and Consultation Act of 1985 - Prohibits any employer (i.e. any business with 50 or more employees) from ordering a plant closing or permanent layoff until 90 days after the employer serves written notice of a proposal to issue such an order to: (1) the representative of the affected employees or, if none, to each affected employee; and (2) the Federal Mediation and Conciliation Service. Provides for reduction of such notification period if the Service determines that unavoidable business circumstances prevent the employer from withholding such closing or layoff until the end of such period. Provides for extension of such notification period thus prohibiting the ordering of such closing or layoff while the employer is subject to an order to continue to consult. Prohibits an employer from ordering a plant closing or permanent layoff unless the employer has: (1) met with representatives of the affected employees with respect to a proposal to order such closing or layoff; and (2) consulted in good faith with such representative for the purpose of agreeing to a mutually satisfactory alternative to or modification of such proposal. Makes such obligation to consult commence on the date of notice and continue until the end of the 90-day notification period. Provides that such consultation period shall be extended if the Service determines that the employer has failed to comply with such consultation requirements. Authorizes the Service to renew any such extension imposed. Requires the employer to disclose to the affected employees' representative information necessary for thorough evaluation of: (1) the proposal to order the closing or layoff; and (2) any alternatives or modifications suggested to such proposal. Authorizes the Service to issue protective orders to prevent disclosure of information which could compromise the employer's competitive position. Sets forth provisions for the administration and enforcement of requirements under this Act. Provides for: (1) assistance by the Service to employers, employee representatives, affected employees, State employment services, and other State and local officials; (2) investigations and injunctive actions by the Department of Labor; (3) civil actions against employers; and (4) civil actions against representatives of employees. Provides that the rights and remedies provided to employees by this Act are in addition to any other contractual, statutory, or other legal rights and remedies of the employees. Expresses the sense of the Congress that employers who, because affected employees do not have a representative, are not required to comply with the consultation and disclosure requirements under this Act should consult with and disclose information to such employees in order to reach a mutually satisfactory alternative or modification of the proposal to order the closing or layoff. Establishes a National Commission on Plant Closings and Worker Dislocation. Requires the Commission to report to the President and the Congress within 12 months of the appointment of members. Terminates the Commission 30 days after such report. Authorizes appropriations for the Commission.
United States · United States Congress · 19 March 1985
Amends the Federal criminal code to prohibit engaging in, or furnishing money, goods, or services with the intent of assisting any group to engage in, military or paramilitary operations in a foreign country if there is a statutory prohibition against U.S. covert assistance to military or paramilitary operations in that country.
United States · United States Congress · 19 March 1985
Compassionate Pain Relief Act - Directs the Secretary of Health and Human Services to establish a program under which heroin shall be made available to individuals for the relief of pain from terminal cancer. Directs the Secretary, acting through the Commissioner of the Food and Drug Administration, to provide for the manufacture of heroin for such program. Directs the Attorney General to promulgate regulations making heroin available for use in such program. Directs the Secretary to assure the purity of such drug. Permits physicians, hospital pharmacies, and hospice pharmacies registered under the Controlled Substances Act to prescribe heroin to terminally ill cancer patients. Requires the registration, by the Attorney General, of: (1) manufacturers of heroin to be used in the program; (2) hospice and hospital pharmacies which dispense such drug; and (3) physicians who prescribe it. Provides penalties for those who knowingly violate regulations prescribed by the Secretary. Requires the Secretary to report to specified congressional committees regarding: (1) activities under the program; and (2) research and training in pain management funded by the National Institutes of Health. Provides for the program's termination.
United States · United States Congress · 7 March 1985
Polygraph Protection Act of 1985 - Prohibits any employer from using any lie detector test or examination in the work place, for both pre-employment testing and testing in the course of employment. Requires the Secretary of Labor to prepare and have printed notices setting forth this prohibition. Requires employers to post these notices. Provides for remedies for violations of this Act as found in the Fair Labor Standards Act. Exempts Federal, State, and local employees from the Act's coverage.
United States · United States Congress · 7 March 1985
Anti-Apartheid Act of 1985 - Prohibits any U.S. person from making any loan to South Africa or to any organization owned or controlled by South Africa. Excludes from such prohibition a loan for any educational, housing, or health facility which: (1) is available to everyone on a nondiscriminatory basis; and (2) is located in an area accessible to all population groups. Declares that such prohibition shall not apply to loans for which an agreement is entered into before enactment of this Act. Directs the President to issue regulations prohibiting U.S. persons from making any investment (including bank loans) in South Africa. Excludes from such prohibition: (1) an investment which consists of earnings derived from a business enterprise in South Africa established before enactment of this Act and which is made in that business enterprise; or (2) the purchase of certain securities in such business enterprises. Prohibits any person, including U.S. banks, from importing into the United States any gold coin minted in or offered for sale by South Africa. Authorizes the President to waive the prohibitions against investments in South African businesses and against importing South African gold coins if: (1) the Government of South Africa meets at least one of seven conditions; (2) the President submits to the Congress a determination that such conditions are met; and (3) a joint resolution is enacted approving such determination. Authorizes the President to extend the waivers. Provides for expedited consideration of such joint resolution. Amends the Export Administration Act of 1979 to prohibit exporting computers, computer software, or goods or technology intended to service computers to or for use by South Africa or any organization owned or controlled by South Africa. Excludes from such prohibition donations of computers to primary and secondary schools. Declares that certain termination provisions of the Export Administration Act of 1979 shall not apply to such prohibition. Provides for enforcement of this Act. Sets forth penalties for violations of this Act. Directs the President to attempt to persuade through negotiations other countries to adopt restrictions on new investment in South Africa, on bank loans and computer sales to South Africa, and on the importation of krugerrands. Directs the President to submit annual reports to the Congress on the status of negotiations. Terminates the provisions of this Act and all the regulations issued to carry out this Act upon enactment of a joint resolution approving a determination submitted by the President to the Congress that apartheid in South Africa has been abolished.
United States · United States Congress · 7 March 1985
Amends the Federal Employees Flexible and Compressed Work Schedules Act of 1982 to make permanent the authority of Federal agencies to use flexible and compressed work schedules.
United States · United States Congress · 7 March 1985
Requires each State to provide for voter registration by mail for Federal elections. Requires such registration to be carried out by a post card application form approved by the Attorney General. Prohibits any State from denying any person the right to vote on the grounds such person is not registered to vote if such person has complied with the requirements of post card registration. Requires the Postmaster General, the Commissioner of Social Security, and the Administrator of Veterans Affairs, in cooperation with the Attorney General and the Chief election officer of each State, to facilitate distribution of post card registration forms in Federal facilities.
United States · United States Congress · 7 March 1985
Micronesian Fellowship Act - Directs the Secretary of Health and Human Services to provide fellowships to U.S. physicians to enable them to: (1) provide health care or health care training in Micronesia; or (2) undertake medical research in Micronesia on the health effects of nuclear weapons testing. Sets a limit of no more than 100 fellowships in any fiscal year. Directs the Secretary to provide, upon request, assistance to private professional organizations providing physicians to serve health needs in Micronesia. Authorizes appropriations for FY 1986 through 1988.
![Official portrait of Rep. Levine, Mel [D-CA-27]](https://www.congress.gov/img/member/l000264_200.jpg)