United States · United States Congress · 30 July 1985
Amends the Communications Act of 1934 to direct the Federal Communications Commission to: (1) establish regulations necessary to ensure access (currently, reasonable access) to telephone service by persons with impaired hearing; and (2) require that all telephones (currently, essential telephones) provide internal means for effective use with hearing aids specially designed for telephone use. Repeals a provision directing the Commission to consider the costs and benefits to all telephone users when making rules concerning telephone service for the disabled.
United States · United States Congress · 26 July 1985
Occupational Disease Compensation Act of 1985 - Establishes a Federal program for occupational disease compensation for the death or disability of workers or their dependents which is caused by work-related exposure to asbestos or to other toxic substances (to be designated later). Makes such compensation compulsory and nonelective and the claimant's exclusive remedy with respect to any employer, such employer's insurance carrier, or the collective bargaining agent of such employer's employee, and any employee, officer, director or agent of such persons. Provides that such compensation shall not constitute the exclusive remedy with respect to any "third party." Provides that these exclusive remedy provisions shall neither: (1) terminate any lawsuit pending on the effective date of this Act; nor (2) preclude such a suit after such date if the suit claims that the employer, with knowledge of the associated health hazards nonetheless intentionally or with reckless indifference exposes its employees to unsafe levels of asbestos or any other toxic substance or substances. Allows compensation claims under this Act for such death or disability occurring at any time prior to, on, or after the effective date of this Act. Requires compensation to be paid retroactively to the date of death or of onset of disability. Provides that, for purposes of claims relating to additional toxic substances designated under this Act, the "effective date of this Act" shall be construed to mean the effective date of such designation. Bars any third party or the Fund established under this Act from suing for indemnification, contribution, or other monetary damages against any party immune from suit by a claimant under this Act. Bars employers, insurance carriers, and the Fund from having a lien or any right of subrogation, upon any judgment rendered in any third party liability action brought by an employee or dependent. Provides, however, that any monetary benefits for death or disability received by the claimant in a third party liability action shall be reduced by the amount of any monetary benefits received under this Act. Makes this Act inapplicable to claims otherwise covered under the Longshore and Harbor Worker's Compensation Act (Longshore Act) or the Employers Liability Act. Provides that compensation under this Act shall cover death and total, partial, permanent, and temporary disabilities. Sets forth formulas for determining monetary benefits under this Act. Provides that for death benefits or total disability benefits shall be the greater of: (1) two-thirds of the employee's average weekly wage (up to 200 percent of the national average); or (2) four-fifths of the national manufacturing (or construction, if applicable) average weekly wage. Provides for distribution of death benefits to survivors. Provides that partial disability benefits shall be that portion of total disability benefits which is greater if determined: (1) from the degree of impairment; or (2) by the percentage reduction in physical capacity to engage in similar work. Provides for redetermination of such partial disability payments. Provides for medical benefits for all reasonable and necessary associated medical costs. Provides for monetary benefits for the death or disability of dependents (to be calculated on the basis of formulas similar to those described above, as applied to the dependent's wages). Provides for annual adjustments in monetary benefits, up to six percent per year, to reflect increases in the national average manufacturing or construction wage. Requires that any monetary benefits for death or disability under this Act be reduced by the amount of any monetary benefit received by a claimant at the same time under a State worker's compensation law or under the Longshore Act for a similar claim. Prohibits, except as otherwise provided in this Act, any maximum limitation on the total amount or duration of monetary benefits for death or disability or medical benefits (or their type or extent). Declares ineffective any comprise or release of monetary or medical benefits unless the Secretary of Labor (the Secretary) determines it is in the best interest of the claimant (and sufficient to provide for future medical care). Declares ineffective under any circumstances any waiver or release relating to future coverage or compensation under any State workers' compensation law or under this Act that is executed prior to the death or onset of disability resulting from any exposure to a toxic substance. Sets forth eligibility criteria for compensation. Requires the employee's work-related exposure to a toxic substance to have significantly contributed to or aggravated the disability or death of the employee or the employee's dependent. Sets forth presumptions with respect to claims of employees and dependents based on exposures to asbestos. Establishes a conclusive presumption that the following diseases result from exposure to asbestos: (1) mesothelioma of the pleura or peritoneum; (2) asbestosis; and (3) lung cancer in cases where evidence of certain asbestotic changes is presented or, in the absence of such evidence, where the claimant can establish a certain duration exposure (provides only a nonconclusive presumption in the absence of such evidence or duration). Sets forth various durations of exposure to asbestos which result in such conclusive presumption in lung cancer cases involving insulation workers, shipyard workers, chemical plant workers, and other workers. Provides that such presumptions shall not apply in cases of cancers occurring less than ten years after the employee or dependent was first exposed. Sets forth procedures for making claims. Requires filing of a claim with the appropriate Office of Workers' Compensation Programs within three years of the death or onset of disability with the following exceptions. Allows asbestos-exposure claims with respect to deaths or onset of disability which occurred prior to the effective date of this Act to be filed within two years after such date. Allows claims based on exposure to a toxic substance designated under procedures established by this Act to be filed within three years after the effective date of such designation. Provides that the time for filing a claim shall only begin to run when the employee is disabled or has died and the employee or claimant is aware or should have been aware through the exercise of reasonable diligence, of the casual relationship between the workplace exposure and the disability or death. Allows two years for filing after a disability becomes compensable, in those cases where a timely claim was filed before the disability was compensable. Prohibits any limitations on filing which are based on: (1) length of time since last employment or exposure, or (2) the exposure's duration or intensity. Sets forth procedures for claim adjudication. Provides for claim processing, investigation, and evaluation by the Office of Workers' Compensation Programs (the Office). Provides that the administrative law judges in hearings on such claims shall have the same powers as those under the Longshore Act. Allows disability awards to be made after the death of the disabled employee or dependent. Provides for referral of claims to another district of the Office for specified purposes. Sets forth provisions for appeals. Makes a compensation order effective on the date it issued, and final unless the claimant or the Secretary files a petition for review with the Benefits Review Board (the Board) within 30 days after such date. Sets forth evidence standards for such review. Makes any final order of the Board enforceable and reviewable in accordance with specified provisions of the Longshore Act. Establishes the Exclusive Federal Occupational Disease Workers Compensation Insurance Fund (the Fund). Directs the Secretary to administer the Fund in order to: (1) insure all employers and toxic substance market participants against liability for occupational disease and death resulting from occupational disease sustained by employees compensable under this Act; and (2) provide compensation and benefits to such employees and their dependents. Defines "toxic substance market participants" (participants) as present or former manufacturers, mine operators, processors, refiners, importers, distributors, or other enterprises (including growers, where appropriate) involved in the commercial or industrial production of: (1) asbestos; or (2) any toxic substance designated by the Secretary under this Act. Makes the Fund responsible for the payment of all compensation with respect to claims under this Act. Requires employers or participants to be insured by the Fund in order to be entitled to the limitations on liability provided under this Act. Directs the Secretary to determine and notify, by individual or general notice, all employers and participants required to become insured by the Fund. Allows any other employers or participants to petition the Secretary and, if approved, become insured by the Fund. Provides for establishment of Fund insurance premiums. Directs the Secretary to determine the annual aggregate of insurance necessary to cover anticipated claims for the following year and administrative costs. Directs the Secretary to use certain allocation formulas in determining the proportions of insurance premiums to be provided by employers and participants. Directs the Secretary to suspend, after notice and opportunity for hearing, Fund agreements with employers or participants if they fail to: (1) obtain and maintain Fund insurance; (2) pay the applicable premium; or (3) comply substantially with this Act or regulations promulgated under it. Authorizes the Secretary to: (1) bring civil actions in the appropriate U.S. district court to require employers or participants to obtain and maintain Fund insurance and to pay applicable premiums; and (2) assess civil penalties against employers or participants who fail to do so. Provides that the following entities are liable for and shall be insured by the Fund in the same manner as would have been payable by the prior operator of a toxic market substance participant with respect to its operations prior to January 1, 1940: (1) any person who on or after such date, has acquired or acquires that participant or substantially all its assets; and (2) any other entity which was the operator of such participant or the owner of its assets on or after such date. Makes a participant liable for the total amount of its liability for contributions under this Act without regard to whether: (1) it is or has been a debtor in a bankruptcy case; or (2) any plan, discharge, or judgment is or has been confirmed, granted, or entered in such case. Treats the successor corporation or other business entity from a reorganization, merger, consolidation, or division of a participant, or the parent corporation into which a participant has been liquidated, as the participant to which Fund provisions apply. Makes the Fund responsible for payment of an annual fee to the Secretary in an amount determined by the Secretary to represent the Federal administrative costs of operations necessary to establish and maintain the compensation and benefit system established under this Act. Sets the maximum amount of such fees at an amount equal to: (1) ten percent of the annual aggregate of coverage for claims payments (to be used to cover program administration costs); and (2) one percent of such annual aggregate (to be used for the research program on surveillance and medical treatment of occupationally-related diseases established under this Act). Sets forth provisions relating to compensation payments, their frequency and duration, information concerning them, their suspension, and penalties for late payments. Sets forth provisions relating to representation fees in claim cases under this Act. Provides for determination and payment of such fees and witnesses expenses. Sets criminal penalties for receipt of such fees or other consideration or gratuities without approval of the Office, the Board, or the appropriate court. Prohibits discrimination by any participant or other employer, insurance carrier, or other person against any employee because of: (1) claims filed under this Act; (2) proceedings brought under or related to this Act, or suits brought for damages resulting from occupational exposure to a toxic substance; (3) disability caused by such exposure; (4) previous employment with a toxic substance market participant; or (5) exposure or possible exposure to a toxic substance. Sets forth civil penalties for such discrimination, procedures for review of alleged discrimination, and requirements for reinstatement with back pay and benefits. Prohibits any provider or insurer of health care coverage from excluding from coverage any worker or family member on the basis of that person's inclusion in a population at risk. Directs the Secretary of Health and Human Services (HHS), in coordination with the Secretary, to conduct research into improving the means of: (1) surveillance of workers exposed to occupational health hazards; and (2) medical treatment of workers exposed to occupational hazards. Sets forth requirements relating to such research. Provides that all such research be conducted with funds available under provisions for Fund payment of administratives fees under this Act. Authorizes the Secretary of HHS, in carrying out such research, to engage the services of experts and consultants. Establishes regulatory procedures by which workers suffering from occupational exposure to other toxic substances (besides asbestos) may be brought under coverage by this Act. Directs the Secretary to promulgate and revise, as may be appropriate and in accordance with specified procedures, regulations providing that this Act may provide compensation to such workers. Establishes the Risk Assessment Panel, within the National Institute for Occupational Safety and Health, to review medical and scientific studies and reports relating to occupational diseases and to recommend inclusion of such exposure as compensable under this Act in accordance with specified guidelines for such findings. Requires the Panel to undertake as its first priority the designation of populations exposed to agents or processes for which there already exists a permanent standard issued under specified provisions of the Occupational Safety and Health Act. Requires the Panel to consider, act, and transmit to the Secretary their findings on these agents and processes within one year. Sets forth deadlines for Panel reports to the Secretary, the Secretary's publication for comment of proposed regulations, Panel review, and the Secretary's publication of final regulations. Requires the Director of the Office of Workers' Compensation Programs to establish a separate task force within that Office for administering claims filed under this Act. Permits eventual integration of the work of such task force with the remainder of the Office under specified conditions. Sets forth standards for review of Office orders under this Act by the Benefits Review Board. Sets forth administrative provisions for the Fund. Grants the Secretary the authority to bring an action in the proper U.S. district court to enjoin violations of this Act or of any rule or regulation under this Act. Directs the Secretary and the Risk Assessment Board to devise and implement a Federal uniform recordkeeping system, including, where appropriate and useful, registries of populations and individuals exposed to toxic substances and processes. Requires annual reports by employers for purposes of such recordkeeping program. Requires the Secretary to implement, directly and by grants to employer and employee groups, education programs on the rights and obligations of employers and employees under this Act. Directs the Secretary to support an Educational Advisory Committee with equal representation by the Secretary, employers, and employees to define guidelines and policy for such an education program. Requires that such grant applications be peer reviewed based on the system in place at the National Institute of Health. Sets forth separability provisions.
United States · United States Congress · 18 July 1985
Authorizes the President, on behalf of the Congress, to present a gold medal to Aaron Copland in recognition of his contributions to American musical composition. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 17 July 1985
United States Peace Tax Fund Act - Amends the Internal Revenue Code to permit conscientious objectors to designate their income, estate, or gift tax payments for nonmilitary purposes. Establishes within the Treasury a United States Peace Tax Fund (Fund) to receive such tax payments. Defines a "conscientious objector" as an individual who by reason of religious training and belief is opposed to participation in war in any form and either: (1) has been exempted from combat training and service in the armed forces under the Military Selective Service Act; or (2) satisfactorily demonstrates that he is conscientiously opposed to war in any form. Authorizes the Secretary of the Treasury to deny such status to a taxpayer upon a finding that the taxpayer is not entitled to make such a designation. Allows a taxpayer to challenge such a denial by bringing an action in the United States Tax Court or in a U.S. district court for a declaratory judgment as to whether the taxpayer is an eligible individual and entitled to make such a designation. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return during such year for the purpose of determining whether the taxpayer is an eligible individual. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to 1988 if the taxpayer pays the tax due (with interest) and satisfactorily establishes that the nonpayment was due to religious beliefs. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires the publication of such information in the Congressional Record. Establishes a United States Peace Tax Fund Board of Trustees to direct research efforts on behalf of world peace. Sets forth the membership structure and duties of the Board. Authorizes appropriations.
United States · United States Congress · 16 July 1985
Children's Justice Act - Amends the Child Abuse Prevention and Treatment Act to authorize the Secretary of Health and Human Services to make additional grants to States for developing, operating, or implementing programs for: (1) handling child abuse cases in a manner to reduce trauma to the child (especially in sexual abuse cases); (2) successful prosecution or legal action against child abusers; and (3) protection of children from abuse. Makes a State eligible for such assistance if it establishes a multidisciplinary task force and adopts reforms recommended by such task force. Requires the task force to be comprised of professionals experienced in the criminal justice system. Requires a State to adopt reforms recommended by the task force in each of the three stipulated categories or submit a detailed explanation of the reasons for not carrying out such recommendations. Requires the Secretary, through the National Center on Child Abuse and Neglect, to: (1) compile, publish, and disseminate evaluations of the approaches utilized with respect to the investigation and prosecution of child abuse cases; (2) develop and disseminate model training materials and procedures to help insure that law enforcement, legal, judicial, and child welfare personnel are adequately trained to deal with child abuse victims; and (3) provide for support of research projects to assist in identifying effective approaches to achieving successful investigation and prosecution of child sexual abuse cases. Directs the Secretary, within two years, to review and evaluate the effectiveness of the activities carried out with the funds made available under this Act and report the results to the Congress. Requires the evaluation to be made available to State officials within 180 days after enactment of this Act. Authorizes appropriations. Directs the Attorney General, the Secretary of Health and Human Services, the Secretary of Education, and any other agency or department head designated by the President, to meet regularly to coordinate and prevent the overlap of programs that address child abuse. Requires the Secretary of Health and Human Services to report to the Congress on the coordination of Federal programs. Requires the Attorney General to modify the classification system used by the National Crime Information Center in its Interstate Identification Index, and by the Identification Division of the Federal Bureau of Investigation in its Criminal File and its Uniform Crime Reporting System, with respect to offenses involving the sexual exploitation of children. Amends the Public Health Service Act with regard to the confidentiality of patient records to provide that nothing in such section shall supersede any State or local requirement for the reporting of incidents of suspected child abuse to authorities.
United States · United States Congress · 10 July 1985
Prohibits the importation of certain species of kangaroos and kangaroo products (currently allowed to be imported under an administrative exception to the Endangered Species Act of 1973 if in accordance with the management plans of Australian states).
United States · United States Congress · 10 July 1985
Urges the President to begin talks with the Soviet Union aimed at creating a jointly administered U.S.-Soviet student exchange program. Sets forth certain aspects of such exchange program.
United States · United States Congress · 27 June 1985
Amends the Clean Air Act to modify the requirements for stack height for sources of not well controlled emissions of air pollutants. Includes among dispersion methods any other measure which disperses pollutants at ground level measuring points.
United States · United States Congress · 27 June 1985
Community and Family Living Amendments of 1985 - Amends title XIX (Medicaid) of the Social Security Act to require a State plan to provide a severely disabled individual who is entitled to medical assistance and who is residing in a family home or community living facility with an array of community and family support services which will provide for the health, safety, and effective habilitation or rehabilitation of such individual. Includes community and family support services for severely disabled individuals as "medical assistance" under Medicaid. Permits the inclusion of such services as medical assistance only if: (1) such services are provided to a severely disabled individual residing in a family home or in a community living facility; (2) such services are provided in accordance with an individually written habilitation or rehabilitation plan; and (3) the total amount of funds spent by the State from non-Federal funds for such services equals at least a specified base amount. Specifies services included and excluded as community and family living services. Requires a State, in order to receive payment for community or family support services provided, to: (1) enter into a community and family living implementation agreement with the Secretary of Health and Human Services; and (2) submit required reports to the Secretary. Requires a community and family living implementation agreement to include, among others, the following provisions: (1) community living facilities will not be unduly concentrated in any residential area; (2) all the staff of each facility must have appropriate training; (3) parents of the severely disabled will have training available; (4) case management; (5) an individual will reside as close to his or her family as possible; (6) hearing procedures for individuals who feel they have been inappropriately placed; and (7) suitable State supplementary payments as authorized under title XVI (Supplemental Security Income) of the Social Security Act. Requires such agreement to include other specified provisions with respect to severely disabled individuals living in residential facilities which are not family homes or community living facilities. Requires the agreement to include descriptions of methods to be used to achieve the following objectives: (1) to advise severely disabled individuals of alternative arrangements and services available to them, of their right to choose providers, and of their right to a fair hearing; (2) to assure fair and equitable provisions to protect the interests of public employees who will be affected by the transfer of severely disabled individuals from public institutions to community or family living facilities under the agreement; (3) to assure application of fair employment standards and equitable compensation to workers in facilities offering care and services for which payments are made under this Act; and (4) to assure timely submission of any reports required by the Secretary; and (5) to assure opportunities for participation by interested citizens in the development of the implementation plan or agreement. Sets forth provisions providing for: (1) auditing a State's compliance with this Act; (2) noncompliance; and (3) review by the Comptroller General. Includes, under Medicaid, within the definition of "intermediate care facilities" services in an institution for mentally retarded persons or persons with related conditions if: (1) the individual needs of each newly admitted individual are ascertained by an interdisciplinary team within 30 days; (2) the institution, if not operated by the State, has a written agreement with an appropriate State agency to cooperate in the implementation of the agreement. Limits, effective FY 2000, the amounts payable under Medicaid to any State for skilled nursing facility services and intermediate care facility services furnished to severely disabled individuals under age 65 in facilities having not more than 15 beds. Provides that such limitations shall not apply, if: (1) payments are for services for individuals in a facility which meets the size and location requirements for a community living facility; (2) payments are for services for individuals in a facility which was in operation on September 30, 1985, which has not increased the number of beds since September 30, 1985, and which has no more than 15 beds; (3) payments are for services for individuals in a cluster home; or (4) payments are for necessary therapeutic services which are not available in a family home or community living facility in the States. Reduces, effective FY 1988, the Federal medical assistance percentage for skilled nursing facility services and intermediate care facility services furnished to any severely disabled individual under age 65. Requires a State, in order to receive any payments for furnishing community and family support services, to have in effect a system to protect and advocate the rights of eligible severely disabled individuals which is in addition to any provided by the Federal Government as of September 1985. Permits an individual injured or adversely affected or aggrieved by a violation of the Community and Family Living Amendments of 1985 to bring an action to enjoin such violation. Requires a State's Medicaid plan to provide for the payment of community and family support services for severely disabled individuals through the use of rates which are reasonable and adequate to assure the provision of services of adequate quality. Permits a State to provide for the eligibility of any severely disabled individual for community and family support services if such individual spends at least five percent of his or her adjusted gross income for necessary medical care and for community and family support services. Provides that whenever an individual is receiving benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act on the basis of a disability which began before such individual attained the age of 22, and but for those benefits would be eligible under title XVI (Supplemental Security Income) of such Act for either SSI or State supplementary payments then such individual shall be deemed, for Medicaid purposes only, to be receiving SSI or State supplementary payments. Provides for the Medicaid eligibility of a severely disabled individual under age 65 who would otherwise be denied assistance because of earnings if termination of such eligibility would seriously inhibit the individual's ability to continue employment or effectively limit the individual's ability to live in a family home or community living facility and such earnings are not sufficient to provide benefits equivalent to SSI and Medicaid. Directs the Secretary to: (1) make assessments, conduct a study, and report to the Congress; and (2) issue regulations. Sets forth the effective date.
United States · United States Congress · 27 June 1985
Expresses the sense of the Congress that Social Security recipients should not be required, as a means of producing additional revenues, to pay income taxes on their benefits at a rate higher than the rate established by the Social Security Amendments of 1983.
United States · United States Congress · 25 June 1985
Gay Head Wampanoag Indian Claims Settlement Act of 1985 - Establishes the Gay Head Indian Claims Settlement Fund in the Treasury. Authorizes appropriations for such fund. Provides that any transfer before the enactment of this Act of lands located anywhere in the United States or within the town of Gay Head, Massachusetts, on behalf of the Wampanoag Tribal Council, Gay Head Indians, or any other Indian tribe shall be deemed to have been made: (1) in accordance with the Constitution and the laws of the United States that are applicable to such transfers; and (2) with the consent of the Congress. Provides for the extinguishment of: (1) any aboriginal title held by the Wampanoag Tribal Council, Gay Head Indians, or any other Indian tribe to such lands; and (2) any claim by such groups against the United States which is based on the transfer of such lands or any aboriginal title to such lands. Provides that personal claims to such lands shall not be affected. Sets forth specified conditions that must be met before the Secretary of the Interior can purchase such lands on behalf of the Gay Head Indians. Requires the Secretary, within 60 days of the enactment of this Act, to enter into negotiation for the survey and purchase of such lands on behalf of the tribe at a fair market value. Requires arbitration to take place if the Secretary and any owner of such lands are unable to agree on such value. Requires the Secretary to purchase such lands within a specified time after the price and other terms have been determined. Requires all rights, title, and interest in lands purchased by the Secretary to be transferred to the Wampanoag Tribal Council. Authorizes the Secretary to commence condemnation proceedings to acquire or perfect title to such lands. Sets forth specified conditions and limitations with respect to the alienation of such lands. Provides that the United States shall have no duties or liabilities with respect to the Council or lands after the Secretary has completed his duties under this Act. Provides that nothing in this Act shall affect the right of any Gay Head Indian entity to petition for Federal recognition or to receive benefits under such recognition. Subjects the Indian lands to the civil and criminal laws of Massachusetts. Sets a statute of limitations upon actions to contest the constitutionality of this Act. Vests exclusive jurisdiction over such actions in the U.S. District Court of the District of Massachusetts.
United States · United States Congress · 5 June 1985
Designates the period of October 1, 1985, through September 30, 1986, as the time to reflect on the achievements of the Peace Corps during its 25 years and on ways such programs might be used in the future. Authorizes and requests the President to proclaim this period as a time to honor Peace Corps volunteers and reaffirm the Nation's commitment to such programs.
United States · United States Congress · 4 June 1985
Improved Standards for Laboratory Animals Act - Amends the Animal Welfare Act to revise the humane standards for animals transported in commerce. Requires the Secretary of Agriculture to promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and exhibitors. Requires each research facility to establish an institutional animal study committee with sufficient expertise to assess the appropriateness of animal care and treatment in experimental research. Requires the committee at each facility to: (1) inspect at least semiannually all animal study areas and animal areas and animal facilities at the research facility; (2) file an inspection certification report of each inspection at the research facility; (3) notify the administrative representative of the research facility of any deficiencies; and (4) notify the Animal and Plant Health Inspection Service and the funding Federal agency if such deficiencies remain uncorrected. Requires each research facility to provide for annual training in the humane treatment of animals for scientists, animal technicians, and other personnel involved with animal care and treatment in such facility. Directs the Secretary to establish an information service at the National Agricultural library to provide information on improved methods of animal experimentation, including: (1) employee training; (2) preventing unnecessary duplication of animal experimentation; (3) reducing or replacing animal use; and (4) minimizing pain and distress. Requires funding Federal agencies to revoke Federal support for a project if it is determined that conditions of animal care, treatment, or practice in a particular project have not been in compliance with standards promulgated under this Act. Requires the Secretary to inspect each research facility at least once each year. Requires such follow-up inspections as may be necessary until all deficiencies which may be found are corrected. Imposes penalties for the release of any confidential information or trade secrets by any member of an institutional animal committee. Increases penalties for violations of the Animal Welfare Act.
United States · United States Congress · 4 June 1985
Designates August 14, 1985, as Social Security Day and the week of August 11 through August 17, 1985, as Social Security Week. Authorizes and requests the President to commemorate August 14, 1985, as the 50th anniversary of the Social Security Act.
United States · United States Congress · 23 May 1985
Fair Foreign Trade Practices Act of 1985 - Amends the Trade Act of 1974 to make the U.S. Trade Representative (USTR), subject to the President's approval, responsible for determining whether import relief actions should be taken. (Currently the President is responsible for such determinations.) Provides that injurious industrial targeting by a foreign country or instrumentality may trigger import relief actions. Defines injurious industrial targeting. Requires the USTR to take the following actions if the USTR makes specified determinations: (1) suspend, withdraw, or prevent the application of benefits of trade agreement concessions; (2) direct customs officers to assess duties or impose other import restrictions on the products of, and assess fees or impose restrictions on the services of, such foreign country or instrumentality; (3) negotiate agreements with foreign countries to fully offset the burden or restriction on U.S. commerce,; (4) submit to the President proposed administrative actions and legislation to restore or improve the international competitiveness of the industry that has been injured or threatened with injury; or (5) take any combination of such actions. (Current law authorizes but does not require the President to take certain actions.) Authorizes the USTR (currently the President) to take certain additional actions with respect to access of foreign entities to U.S. service sector markets . Requires the USTR, before taking any of the mandatory import relief actions, to: (1) publish its determination in the Federal Register; and (2) notify the President of any import relief determination and any action taken with respect to such determination. Provides for a 60 day waiting period during which the President may disapprove such determination thereby nullifying it. Requires the President to report to the Congress, within 15 days of disapproving such determination, the reasons for such disapproval. Requires the USTR, upon deciding to begin an import relief investigation, to publish notice of such intent in the Federal Register and request comments and information from other Federal agencies. Directs the USTR, in all investigations initiated pursuant to a petition, to present detailed questionnaires to the foreign governments or instrumentalities and the foreign enterprises concerned in order to develop information about the petitions' allegations. Requires the USTR to base its determination on the best information available, which may be the allegations in the petition. Authorizes the USTR to file with the International Trade Commission (ITC) a copy of the petition or equivalent document in a case alleging injurious industrial targeting and request the ITC to make a determination on such allegation. Grants the ITC 90 days to make such determination. Sets forth the time limitations and procedures for determinations and actions by the USTR. Authorizes the USTR to take actions to compensate a foreign country or instrumentality adversely affected by any import relief action which the United States takes if the contracting parties to the General Agreement on Tariffs and Trade (GATT) disapprove such action. Directs the USTR to: (1) issue regulations governing import relief petitions, investigations, and hearings; (2) keep petitioners informed of all determinations and developments in their cases; and (3) report semiannually to the Congress on import relief petitions, and developments. Provides for an investigative staff for the USTR. Directs the Secretary of Commerce to establish a Foreign Industrial Targeting Information Agency (the Agency) within the Department of Commerce to collect information on and monitor foreign industrial targeting. Requires the Director of the Agency, if the Director has reason to believe that a foreign government has initiated or plans to initiate a program to promote the economic development of a particular industry and significant quantities of the products of that industry may be exported to the United States or compete with U.S. products internationally, to collect information on such policies and actions. Authorizes the Director to request information from other Federal agencies. Requires the Director to initiate a special surveillance program if the Director finds that: (1) the foreign government intervention in the industry is substantial; and (2) imports of that industry's merchandise are likely to have significant effects on the competing domestic industry. Requires the special surveillance program to: (1) seek information on the price at which the merchandise is being sold in its home market and other relevant information; (2) monitor import levels and prices of such merchandise and the effect of such imports on the competing U.S. industry; (3) collect and evaluate information on the potential adverse effects that the government intervention might have on the competing industry; and (4) publish quarterly reports on the information obtained through the surveillance program. Requires the Director to recommend to the Secretary that the Commerce Department or another Federal agency initiate a formal investigation of the imported merchandise if a surge of U.S. imports of such merchandise occurs or if such imports appear to be significantly suppressing U.S. prices of competing merchandise. Requires the Director to publish notice of the initiation of a special surveillance program in the Federal Register.
United States · United States Congress · 22 May 1985
Authorizes the President, on behalf of the Congress, to present gold medals to Jan Scruggs, Robert Doubek, and Jack Wheeler, in recognition of their tireless efforts to give the Vietnam Veterans Memorial to the Nation. Directs the Secretary of the Treasury to sell bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 22 May 1985
Young Astronaut Program Medal Act - Commemorates the Young Astronaut Program by directing the Secretary of the Treasury to strike and deliver to the Young Astronaut Council no more than 750,000 medals with emblems, devices, and inscriptions determined by the Secretary. Authorizes the Council to dispose of the medals at a premium and to have them delivered as required in quantities of no less than 2,000. Directs that no medals be struck after December 31, 1987. Directs the Secretary to set the price of the medals at no less than the manufacturing cost plus a surcharge of ten percent of such cost. Requires the furnishing of security sufficient to fully indemnify the United States for such costs. Directs that the medals be struck in gold, silver, and bronze and in such size or sizes as determined by the Secretary. Gives the U.S. Comptroller General the right to examine the records of the Council which are related to the medals.
United States · United States Congress · 16 May 1985
Amends title XVIII (Medicare) of the Social Security Act to provide coverage for therapeutic shoes for individuals with severe diabetic foot disease, if the shoes are prescribed by a physician and fitted and furnished by a certified orthotist. Limits such coverage to one pair of shoes annually and $375 annually.
United States · United States Congress · 16 May 1985
Revenue Enhancement and Protection Program Tax Act of 1985 - Title I: Amnesty from Criminal and Civil Penalties - Provides for a one-time amnesty from criminal and civil tax penalties for taxpayers who: (1) file a written statement with specified information concerning any underpayment of tax; (2) pay the amount of such underpayment when filing the statement; and (3) within 30 days of notification of the amount of interest payable on any tax delinquent amount, pay the full amount of such interest or deliquency. Permits installment payments of tax due in certain cases. Provides that where the taxpayer fails to pay the full amount of such interest or deliquency. Permits installment payments pays any installment that is due under the agreement pursuant to these provisions, the balance shall be due immediately. Disallows an amnesty period for a taxpayer who has made any representation in seeking amnesty which is false or fraudulent in any material respect or to which a Justice Department referral is in effect as of the time the statement for amnesty is filed. Specifies that the amnesty period shall be a three month consecutive period during 1986 chosen by the Secretary of the Treasury. Grants the amnesty treatment only to underpayments of Federal tax for taxable periods ending before January 1, 1984. Provides that no information disclosed to the Secretary of the Treasury in seeking amnesty may be disclosed or open to inspection to any State agency, body, or commission. Authorizes appropriations to the Secretary of the Treasury to provide publicity about the amnesty program. Title II: Compliance Provisions - Subtitle A: Increase in Compliance Personnel - Authorizes appropriations to the Secretary of the Treasury for revenue enforcement and compliance programs an amount equal to ten percent of the revenue attributable to the amnesty program. Authorizes appropriations for an additional 2,500 compliance personnel for the Internal Revenue Service. Subtitle B: Denial of Federal Contracts, Licenses, Etc. to Taxpayers With Tax Delinquent Accounts - Prohibits the award of any Federal contract to any person who has a tax delinquent account. Provides that no Federal business license may be issued with respect to any person who has a tax delinquent account. Requires the revocation of the Federal business license who has a tax delinquent account. Provides an exception to this rule for public health business licenses or business licenses specified in regulations issued by the Secretary of the Treasury. Subtitle C: Use of Private Collection Agencies - Permits the collection of taxes by private collection agencies. Subtitle D: Revision of Penalties - Imposes a tax penalty for: (1) failure to file information returns; (2) failure to file information statements; (3) failure to furnish required data; (4) failure to supply information on a return; and (5) filing false statements. Provides that the penalty for intentional disregard of any of the above requirements shall be ten percent of the gross proceeds or other amount required to be reported or $500, whichever is greater. Exempts the taxpayer from these penalties if the failure to comply with the provisions is due to reasonable cause and not to willful neglect. Subtitle E: Publicity on IRS Enforcement - Requires the Secretary of the Treasury to publicize the risks and consequences of noncompliance with the internal revenue laws, including seizures with respect to taxpayers owing large amounts of tax in such a way as to publicize such risks and consequences.
United States · United States Congress · 14 May 1985
Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage for anesthesia services and related care provided by a registered nurse anesthetist.
United States · United States Congress · 9 May 1985
Authorizes the Secretary of the Air Force to enter into agreements with the State of Illinois or appropriate units of local government to permit the joint use of Scott Air Force Base for military and civilian aviation purposes. Renames Scott Air Force Base as the Mel Price Air Force Base and Airport Illinois.
United States · United States Congress · 9 May 1985
Expresses the sense of the Congress that the executive branch should release appropriations for the Special Supplemental Food Program for Women, Infants, and Children (WIC).
United States · United States Congress · 8 May 1985
Expedited Funds Availability Act - Requires the Board of Governors of the Federal Reserve System to begin to develop a system to provide that: (1) funds deposited by checks drawn on a local depository institution shall be available for withdrawal the next business day following the day of deposit; and (2) for all other checks, not more than three business days shall pass between the day of deposit and the day on which the funds become available. Requires such system to be implemented no later than five years after the date of enactment of this Act. Requires the Board, not later than six months after the date of enactment of this Act and annually thereafter until such goal is achieved, to report to the Congress concerning the actions it has taken. Sets forth time standards for expedited check clearing in any case in which funds are deposited by check in an account at a depository institution. Requires cash deposits to be available on the next business day. Makes exceptions to such standards with respect to: (1) checks drawn on a depository institution or an office of a depository institution located outside of the United States; (2) deposits of checks aggregating more than $5,000 in any account on any business day, excluding cashier's and certified checks beginning two years after enactment of this Act; (3) deposits made by new depositors within the first 30 days after opening an account, excluding cashier's and certified checks beginning two years after enactment of this Act; (4) any account that is overdrawn three times in six months; and (5) emergencies beyond the control of the depository institution. Permits a State to require, or a depository institution to provide for, shorter time periods for deposit availability. Requires interest to accrue on funds deposited in interest-bearing accounts beginning on the business day of deposit. Requires a depository institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by check. Authorizes the Board to publish model disclosure forms and clauses for common transactions. Directs the Board to establish a Payments System Advisory Council to advise and consult with it in the exercise of its functions under this Act. Sets forth provisions governing: (1) the administrative enforcement of this Act; and (2) the civil liability of institutions that fail to comply with this title.
United States · United States Congress · 8 May 1985
Authorizes the Society of the Third Infantry Division to erect a memorial on public grounds in the District of Columbia or its environs in honor of the men of the "Rock of the Marne" of the Third Infantry Division who served in both World Wars, Korea, and maintaining peace. Authorizes the Secretary of the Interior to select a site for the memorial subject to the approval of the National Commission of Fine Arts, the National Capital Planning Commission, and, under certain circumstances, the Mayor of the District of Columbia. Subjects the design and plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Directs that the maintenance and care of the memorial shall be the Secretary's responsibility unless the memorial is on public grounds under the jurisdiction of the District of Columbia in which case such duties fall on the District of Columbia. Provides that funds of the United States or the District of Columbia may not be used to erect the memorial. Directs that the authority to establish the memorial is contingent upon its erection beginning within five years with funds sufficient to ensure its completion.
United States · United States Congress · 8 May 1985
Expresses the sense of the House of Representatives that the administration should comply with the automatic appropriation and earmarking provisions of the Wallop/Breaux Sport Fish Restoration Trust Fund. States that funds owed to the States from such Fund should not be withheld or delayed.
United States · United States Congress · 7 May 1985
Allowable Cost Reform Act - Requires that a contract with the Department of Defense for an amount more than $25,000 that is flexibly priced or for which certain cost or pricing data is required must: (1) disallow certain costs; and (2) impose a penalty on a contractor who submits a claim for reimbursement of such a cost. Provides that the following costs are disallowed under such a contract: (1) costs of amusement and social activities; (2) costs incurred to influence action on legislation or appropriation matters pending before the Congress; (3) costs of the defense of any fraud proceeding; (4) fines and penalties imposed for noncompliance with Federal, State, or local laws and regulatons; (5) costs of memberships in any social or dining club or organization; (6) alcoholic beverages; (7) contributions or donations; (8) advertising; and (9) models, gifts, souvenirs, or other memorabilia. Requires the Secretary of Defense to issue regulations concerning the allowability of contractor costs. Requires the Secretary to submit to the House and Senate Armed Services Committees a report identifying: (1) the nature of the proposed changes to be made to current cost principles; and (2) the potential effect of such changes on future requests for reimbursement of contractor costs. Requires the Secretary to allow resolution of challenged expenses by negotiation and settlement. Requires the Secretaries of the military departments and the Directors of the Defense Agencies to prescribe regulations to limit to five years the duty assignment for certain contracting officials to any particular contractor.
United States · United States Congress · 1 May 1985
Parkinsons Disease Amelioration Act - Establishes the Commission for the Amelioration of Parkinsonism Disease which shall: (1) conduct a study of the medical and social management of parkinsonism; (2) determine whether there is an appropriate balance between basic brain research and clinical research on parkinsonism and other ailments; (3) investigate and make recommendations concerning the proper roles of Federal, State, and local governments and public and private agencies in the research, prevention, and identification of Parkinson's disease and the treatment and rehabilitation of persons with Parkinson's disease; and (4) develop a national plan for the control of parkinsonism. Sets forth operating and related provisions. Requires the Commission to make a final report to the President and each House of Congress within six months. Terminates the Commission 30 days after submission of the final report.
United States · United States Congress · 25 April 1985
Expresses the sense of the Congress that the President should establish a task force of expert farmers to address the long-range concerns of the U.S. agricultural industry.
United States · United States Congress · 24 April 1985
Space Weapons Treaty Act - Urges the President to seek the negotiation of: (1) a treaty between the United States and the Soviet Union with respect to mutual and verifiable limitations on the testing, production, deployment, and use of space directed or space based weapons systems; and (2) an agreement with the Soviet Union for a moratorium on the testing of anti-satellite weapons. Directs the President to reaffirm the U.S. commitment to the 1972 Anti-Ballistic Missile Treaty.
United States · United States Congress · 24 April 1985
Establishes in the legislative branch of the Government the Perot Commission on Americans Missing in Southeast Asia to conduct an investigation and report to the Congress its findings with respect to the existence and the release of prisoners of war in Southeast Asia. Sets forth specified administrative procedures and powers of the Commission. Requires the Commission to terminate 30 days after the filing of its report to the Congress or on January 3, 1987, whichever occurs first.
United States · United States Congress · 18 April 1985
Prohibits any agency of the government from obligating or appropriating funds for the production of lethal chemical weapons. Expresses the sense of the Congress that: (1) the President should intensify efforts to achieve agreement with the Soviet Union and other countries to stop the production, proliferation, and stockpiling of lethal chemical weapons; (2) the Department of Defense should protect the armed forces against the use of lethal chemical weapons in attacks; (3) an agreement with the North Atlantic Treaty Organization must be concluded on the prepositioning of any new chemical weapons; and (4) funding of new lethal chemical weapons is unwarranted in light of the Federal budget deficit.
United States · United States Congress · 17 April 1985
Daylight Saving Extension Act of 1985 - Amends the Uniform Time Act of 1966 to start daylight saving time the third Sunday of March (rather than the last Sunday of April) and to end it on the first Sunday of November (rather than on the last Sunday of October). Continues a State's right to preempt such time changes. Directs the Federal Communications Commission to make necessary adjustments in the operation of daytime standard amplitude modulation broadcast stations.
United States · United States Congress · 17 April 1985
Amends the Internal Revenue Code to establish an applicable test rate of nine percent for determining whether there is imputed interest in the case of seller-financed property. Permits a lower test interest rate of 80 percent of the Federal Treasury rate where such rates are lower than the nine percent test rate. Provides for a blended test rate for instances where the loan amount exceeds $4,000,000. Provides that in determining whether wraparound financing meets such testing rate, the test shall be applied to the net rate of interest on the seller's equity in the financing after deducting the existing third party financing. Authorizes the imputation of interest in seller-financed property sales of $4,000,000 or less of ten percent or 90 percent of the Federal Treasury rates, whichever is less, where the test interest rates have not been met. Allows for a blended imputed interest rate where the debt amount exceeds $4,000,000. Requires that all loan amounts from a single transaction or series of related transactions be aggregated for purposes of determining the loan amount. Provides that the imputed interest rules will not apply to assumptions of loans unless the terms and conditions of such debt obligations are modified in connection with the assumption. Repeals the provisions of the Code limiting the amount of interest expense a purchaser of personal use property may deduct for tax purposes. Excepts debt instruments arising from the sale or exchange of a residence from the imputed interest provisions where the obligor of the instrument uses the property as his other residence. Provides that the imputed interest rules shall not apply in the case of sales or exchanges of property where the borrowed amount does not exceed $4,000,000. Requires the interest on the obligation issued in connection with such sales or exchanges to be taken into account by both the buyer and the seller on the cash receipts and disbursement method of accounting unless both buyer and seller agree to use the accrual receipts and disbursement method of accounting.
![Official portrait of Rep. Mavroules, Nicholas [D-MA-6]](https://www.congress.gov/img/member/m000264_200.jpg)