United States · United States Congress · 1 April 1985
Automobile Consumer Protection Act of 1985 - Authorizes a consumer to notify the manufacturer, its agent, or its authorized dealer that an automobile does not conform to all applicable warranties. Requires such nonconformity to be corrected at no charge even though the corrections may have to be made after the expiration of the warranty period. Provides that if the defect or condition not in conformity with the warranty cannot be corrected after a reasonable number of attempts, the manufacturer must either replace the motor vehicle with a comparable one or refund the full purchase price less a reasonable allowance for mileage and any damage not attributable to normal wear and tear. Permits a manufacturer to allege as an affirmative defense to any such claim either that: (1) the nonconformity does not substantially impair the value of the motor vehicle; or (2) it is the result of abuse, neglect, or unauthorized modification or alterations. States that if a manufacturer has established an informal dispute procedure, the refund or replacement requirements of this Act will not apply unless the consumer resorts to such procedure. Prohibits a consumer from waiving, limiting, or disclaiming these provisions. Requires an action brought under these provisions to be commenced within four years after the date of the original delivery of the motor vehicle. Permits the court to award attorney's fees to a prevailing plaintiff.
United States · United States Congress · 28 March 1985
Data Bank Centralization Act - Directs the Administrator of Veterans Affairs to establish and maintain a central data bank containing information on each living veteran. Allows such information to be made available only to: (1) criminal law enforcement personnel in barricade or hostage situations in which a veteran is involved; or (2) personnel of the Veterans Administration in carrying out authorized activities. Requires the Administrator to: (1) ensure ready access to such information to criminal law enforcement personnel for the specified situations; and (2) establish safeguards to ensure the confidentiality of such information and protect it from uses other than as specified. Makes unlawful the disclosure of such information for any purposes other than those specified. Provides criminal penalties for such unlawful disclosure.
United States · United States Congress · 28 March 1985
Satellite Television Viewing Rights Act of 1985 - Amends the Communications Act of 1934 to allow any person to receive encrypted satellite cable programming decoded for private viewing upon compliance with prices, terms, and conditions established in the marketplace or by the Federal Communications Commission (FCC). Prohibits any person from: (1) denying the availability of such programming for private viewing; (2) substantially restricting the availability of such programming for private viewing through pricing or other terms or conditions; (3) discriminating in price between different distributors offering comparable distribution services; or (4) requiring a person to purchase or lease decoding equipment from a specific source in order to receive such programming. Directs the FCC, if petitioned, to establish reasonable prices, terms, and conditions for the private viewing of such programming in a market by any person who: (1) has been denied viewing rights for at least ten days; (2) has been offered such rights on terms or conditions which substantially restrict the availability of programming; (3) resides in the franchised area of a cable television system where the operator is the sole source of such programming; or (4) resides outside of the franchised area of a cable system where the price for viewing rights is higher than the price paid by subscribers within the market. Sets forth factors to be considered by the FCC in establishing prices.
United States · United States Congress · 28 March 1985
Hotline for Help Act - Directs the Administrator of Veterans Affairs to provide veterans with toll free telephone access to the Veterans Administration for the purpose of obtaining: (1) information on services and benefits; and (2) crisis counseling. Requires the Administrator to provide appropriate professional personnel to carry out such crisis counseling.
United States · United States Congress · 28 March 1985
Prohibits a Federal agency from procuring by contract any services performed by Federal employees in the competitive service positions of guards, elevator operators, messengers, and custodians if such procurement would: (1) cause the involuntary separation of a preference eligible from any such position; or (2) preclude the performance of any such service by a qualified preference eligible. Provides that neither an involuntary reassignment within the same agency nor an involuntary transfer to another agency shall be considered to be an involuntary separation if such reassignment or transfer is to a vacant position which is the same type, at the same or higher pay, within the same commuting area, and for which the preference eligible is qualified. Allows the procurement of such services by contract: (1) when qualified preference eligibles are not available; and (2) for positions held by employees other than preference eligibles. Requires that any such procurement be conducted in accordance with applicable Federal procurement laws, including specified provisions requiring certain procurements of services from qualified nonprofit agencies for the blind and for other severely handicapped.
United States · United States Congress · 28 March 1985
Amends the Food Stamp Act of 1977 to establish separate deductions for dependent care expenses and excess shelter expenses for determining eligibility for certain food stamp benefit levels. Increases the maximum amount of such deductions.
United States · United States Congress · 28 March 1985
Simultaneous Nuclear Test-Ban Act - Expresses the sense of the Congress that the President, before August 6, 1985, should declare that the United States will begin a three month cessation of the testing of nuclear warheads on that date if before that date the Soviet Union makes a similar declaration that effective on that date the Soviet Union will begin a three month cessation of the testing of nuclear warheads. Declares the United States should continue such cessation indefinitely unless and until the President certifies to the Congress that the Soviet Union has conducted a nuclear warhead test. Expresses the sense of the Congress that during such cessation the President should seek resumption of the comprehensive test ban talks between the United States, Great Britain, and the Soviet Union. Prohibits the United States from obligating or spending any money for testing nuclear warheads during the three month period beginning on August 6, 1985, if the President does not declare such a cessation of nuclear testing. Authorizes such spending if the President certifies to the Congress that the Soviet Union on or after August 6, 1985, tested a nuclear warhead. Requires the President to include in any such certification: (1) an unclassified report summarizing the basis for the certification; and (2) a classified report describing the Soviet activities that are the basis for the certification. Provides for inclusion in such talks of proposals for long-term mutually acceptable verification measures. Requires the President to report annually to the Congress on: (1) the progress in nuclear arms control negotiations with the Soviet Union; and (2) whether the President believes that continuation of the cessation of nuclear testing is in the U.S. national security interest.
United States · United States Congress · 28 March 1985
Professional Sports Community Protection Act of 1985 - States that it shall be lawful for a professional sports league or its member clubs to enforce rules or agreements that: (1) decide that a member club may not relocate; (2) divide revenues to promote economic opportunities for member clubs; and (3) establish procedures and standards for the election and termination of club ownership. States that the provisions of this Act shall not affect any antitrust suit brought by any league or the Federal Government. Prescribes a notice requirement for clubs seeking relocation. Lists factors for consideration in determining whether a league will permit a club to relocate, which include: (1) the adequacy of the existing stadium and facilities; (2) the operating revenues or losses for the preceding three years; and (3) the number of professional and college teams playing the same sport in that community. Provides that judicial review of the league's determination may be sought in a civil action brought in a district court of the United States by: (1) the club seeking relocation; (2) the stadium owner or operator; or (3) the local government. Prohibits the bringing of such action in a district court within the club's home or proposed territory. States that the provisions of this Act do not affect the applicability of any employment or collective bargaining matter. Preempts State and local laws inconsistent with this Act.
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 · 28 March 1985
Amends the Railroad Retirement Act of 1974 to repeal the provisions which reduce certain portions of annuity benefits by the dollar amount of the cost-of-living increase in certain monthly insurance benefits under the Social Security Act.
United States · United States Congress · 28 March 1985
Permits States to exercise regulatory jurisdiction over intrastate railroad abandonments and discontinuances. Conditions such permission on the existence of specified circumstances.
United States · United States Congress · 27 March 1985
National Childhood Vaccine-Injury Compensation Act of 1985 - Amends the Public Health Service Act to establish the National Childhood Vaccine-Injury Compensation Program (Program). Prohibits the filing of a civil action for damages for vaccine-related injuries unless the procedures of this Act have been followed. Directs the Secretary of Health and Human Services to prescribe rules governing the content of claims for vaccine-related injuries and procedures for filing such claims. Sets forth deadlines by which: (1) the Secretary must send the claimant and respondent lists of persons eligible to serve on hearing panels; (2) the respondent may join additional respondents; and (3) the claimant and respondent are to select persons for the hearing panel. Provides for the selection and replacement of additional hearing panel members. Permits each respondent to file a consent waiving his or her rights to a judge or jury trial. Allows the hearing panel to hear a claim if each respondent has filed consent. Allows the claimant to file an action for damages in a State or Federal court where none of the respondents have filed such consents. Permits the hearing panel to hear the claim against participating respondents where some, but not all, of the respondents filed consents. Allows the claimant to file an action in a State or Federal court against the nonparticipating respondents. Declares that such court action shall be stayed on any party's motion until the proceedings against the participating respondents are completed. Empowers the hearing panel to determine whether any alleged injuries are vaccine-related and, if appropriate, to award compensation. Sets an aggregate limit of $1,000,000 per person for such awards, including $100,000 for damages arising from pain, suffering, and emotional distress. Allows the claimant to reject the decision of the hearing panel by filing an objection within 60 days. Permits the respondent to appeal the decision of the hearing panel to a Federal district court within 30 days thereafter if no such objection is filed by the claimant. Directs the district court to affirm the hearing panel decision, unless: (1) the decision was procured by corruption or fraud; (2) the hearing panel exceeded its authority; or (3) the hearing panel denied a fair hearing to any party. Permits a claimant who has filed a timely objection to the hearing panel decision to maintain an action for damages in an appropriate State or Federal court. Permits the decision of the hearing panel to be admitted into evidence, unless: (1) the decision was procured by corruption or fraud; (2) the hearing panel exceeded its authority; or (3) the hearing panel denied a fair hearing to any party. Allows a plaintiff to recover a judgment for monetary damages to the full extent provided by State or Federal law where: (1) the respondent did not file a consent pursuant to this Act; or (2) the parties waived compliance with the procedures prescribed by this Act. Limits recovery to the extent provided by this Act where the respondent has filed a consent. Permits a respondent who has paid an award, judgment, or settlement to file a civil action in a U.S. district court seeking to recover all or part of it. Permits third-party impleaders and cross-claims. Allows a party to file an action for contribution or indemnification if that party: (1) did not file a consent pursuant to this Act or waived compliance; and (2) discharged a vaccine-injury claim. Declares that claims filed more than two years after the first manifestation of a vaccine-related injury shall be barred. Defines "covered vaccine" to include vaccines against diptheria, tetanus, pertussis, polio, measles, mumps, and rubella. Establishes an Advisory Commission on Childhood Vaccines to: (1) advise the Secretary on the implementation of the Program; (2) study and recommend ways to encourage the availability of safe and effective vaccines; (3) survey information gathering programs and advise the Secretary on how to obtain useful information; and (4) recommend research. Directs the Secretary to develop parent information materials within one year of enactment of this Act. Describes the information to be included in such materials. Directs the Secretary to: (1) encourage the development of vaccines that result in fewer major adverse reactions than those currently on the market; and (2) assure improvements in the vaccine industry to reduce the risks of major adverse reactions. Requires the Secretary to report to specified congressional committees biennially.
United States · United States Congress · 27 March 1985
Satellite Television Viewing Amendments - Amends the Communications Act of 1934 to prohibit the encryption of satellite cable programming for two years after enactment of this Act.
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
Amends the Internal Revenue Code to allow an individual taxpayer an income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer or the taxpayer's dependent child at an institution of higher education or a vocational school. Limits the amount of such deduction to $2,000 (adjusted for inflation) for each account per calendar year. Provides that no account may have more than one beneficiary and that no individual may be a beneficiary of more than one account. Requires the trustee of an education savings account to transfer five percent of the amount of any contribution to the trust to a State educational fund which is established by State law, the assets of which are used to provide scholarship assistance to individuals attending educational institutions within the State. Permits a tax exclusion for income accumulated in such education savings accounts as long as such amounts are used exclusively for educational expenses. Sets forth penalties for the use of account funds for other than educational purposes. Requires that the trustee of an education savings account file reports with the Secretary of the Treasury on the maintenance of the account. Imposes penalties for not filing required reports. Extends the deduction for contributions to an education savings account to taxpayers who do not otherwise itemize deductions. Includes in the gross income of account beneficiaries over a ten-year period beginning at age 25 an amount equal to ten percent of the amounts paid or used on their behalf for educational expenses.
United States · United States Congress · 26 March 1985
Authorizes the Secretary of Education to provide financial assistance to the Bethune-Cookman College in Volusia County, Florida, to establish the Mary McLeod Bethune Memorial Fine Arts Center. Authorizes appropriations for such purpose.
United States · United States Congress · 26 March 1985
Designates the Study Center for Trauma and Emergency Medical Systems at the Maryland Institute for Emergency Medical Services Systems at the University of Maryland as the National Study Center for Trauma and Emergency Medical Systems.
United States · United States Congress · 26 March 1985
Condemns the use of plastic and rubber bullets in Northern Ireland. Calls upon the Government of the United Kingdom to ban the use of plastic and rubber bullets against civilians.
United States · United States Congress · 25 March 1985
Federal Boxer Protection Act of 1985 - Establishes in the Department of Labor a Federal Boxing Commission to establish and enforce uniform standards relating to factors involved in the conduct of professional boxing. Requires the Commission to prescribe regulations pursuant to provisions of this Act, including: (1) fair labor standards applicable to professional boxing; (2) defining terms used in this Act; (3) the registration of boxing matches and boxers; (4) the making of contracts, agreements, arrangements, and understandings; and (5) the promotion and conduct of boxing matches. Authorizes the Commission to make investigations, in its discretion, to determine whether provisions of this Act have been violated and to bring an action in specified court forums to obtain injunctions and prosecute offenses. Sets forth provisions for persons aggrieved by Commission orders to obtain review of such orders in appropriate courts of appeals. Authorizes any person who claims injury by a violation of this Act to commence a civil action in specified court forums. Sets forth provisions under which the Commission may secure information and employee services from government agencies and entities. Directs the Commission to consult with appropriate organizations with respect to the international regulation of professional boxing. Requires the Commission to report annually to the Congress on its activities under this Act. Declares that this Act does not interfere with State boxing commission regulatory powers except to the extent such powers are inconsistent with its provisions.
United States · United States Congress · 25 March 1985
Nuclear Waste Transportation Safety Act of 1985 - Prohibits the transportation of any high-level radioactive waste or spent nuclear fuel from the site at which it is located or generated to any site other than a repository or test and evaluation facility. Exempts from such restrictions high-level radioactive waste or spent nuclear fuel that is to be transported by or under contract with the Department of Energy if the Secretary of Energy certifies: (1) compelling reasons of public health, safety, or national security require immediate removal of the waste or spent fuel to another site; (2) receipt of written approval of the appropriate official of each State through which, and the governing body of each Indian tribe through whose reservation, the waste or spent fuel is to be transported; and (3) adequate financial protection or indemnification to cover any public liability arising out of such transportation. Exempts from such restrictions waste or spent fuel to be transported by any person or governmental entity not under contract with the Department of Energy if the Nuclear Regulatory Commission certifies that such conditions are met.
United States · United States Congress · 25 March 1985
Authorizes any State or local governments to negotiate reductions in their regulatory burdens by demonstrating to the Director of the Office of Management and Budget that it will invest: (1) in all distressed areas within its jurisdiction (ten percent more than the previous year); or (2) in any one distressed area within its jurisdiction (50 percent more than the previous fiscal year without reducing its investment in any other distressed area). Counts the expenditure of funds from sources other than government funds as an increased expenditure if the government can demonstrate that such expenditures would not have been made but for action taken by the government. Allows the Director to negotiate with respect to any Federal regulation that the State or local government can demonstrate is unduly burdensome, duplicative, or unnecessary to the attainment of its statutory objectives. Prohibits a State or local government from negotiating with respect to a Federal regulation unless it also can demonstrate that it has a record of compliance with the objectives of such regulation. Prohibits the Director from allowing any regulatory relief which would: (1) directly violate certain statutory requirements (including those under the Fair Labor Standards Act); or (2) create a significant risk to the public health (including environmental and occupational health and safety). Requires all negotiations under this Act to be open to the public. Directs the Director to publish in the Federal Register any agreements providing for regulatory relief under this Act. Directs Federal agencies to waive or modify any regulation subject to an agreement negotiated under this Act. Makes any such agreement, waiver, or modification a final agency action for judicial review purposes. Entitles any person aggrieved by an agreement, waiver, or modification to bring an action for judicial review.
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
Prevention, Identification, and Treatment of Elder Abuse Act of 1985 - Directs the Secretary of Health and Human Services to establish an office known as the National Center on Elder Abuse to: (1) compile an annual summary of recently conducted research on elder abuse; (2) develop and maintain an information clearinghouse on all programs for the prevention and treatment of such abuse; (3) compile training materials for personnel engaged in elder abuse prevention; (4) provide technical assistance for the planning and implementing of programs relating to the problems of elder abuse; and (5) investigate the causes and national incidence of elder abuse. Authorizes the Secretary to make grants to or enter into contracts with public agencies or nonprofit organizations for demonstration projects designed to prevent and treat elder abuse. Sets forth the terms and conditions for such grants. Authorizes the Secretary to make grants to States for the development and implementation of elder abuse prevention and treatment programs. Requires such States to have in effect a State elder abuse law with mandatory reporting provisions. Sets forth other requirements for eligibility. Prohibits the use of assistance for construction of facilities. Directs the Secretary to establish criteria to achieve equitable distribution of assistance among the States. 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
Requires the President to include with the annual Federal budget submitted to the Congress another budget prepared by the Board of Governors of the Federal Reserve System showing estimated receipts and expenditures for itself and all Federal Reserve banks for the next three fiscal years.
United States · United States Congress · 21 March 1985
Prohibits the Commodity Credit Corporation from extending any loan, credit, guarantee, or any other financing to South Africa under any of its financing programs.
United States · United States Congress · 21 March 1985
Amends the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services to impose restrictions on the distribution, dispensing, and administration of a prescription drug if such drug poses significant risks to health without such restrictions. Directs the Secretary to require the informed consent of a patient before such patient uses such a drug if it would involve a risk of serious illness or injury. Requires the Secretary to review restrictions every two years to determine if they are still necessary. Authorizes the Secretary to continue to require information from an applicant for a new drug, including its effects on individuals and other clinical experience. Requires the manufacturers of nonprescription drugs to collect, maintain, and report to the Secretary on information on the effects on individuals and other clinical experience with such drugs. Directs the Secretary to establish in the Food and Drug Administration a National Center for Drug Surveillance to maintain the information submitted to it by the drug manufacturers. Grants the Secretary enforcement power concerning the collection and maintenance of such information. Requires the Secretary to report annually to the Congress the information acquired concerning adverse reactions to drugs and the actions taken by the Secretary. Directs the Secretary, through the Commissioner of the Food and Drug Administration, to establish and implement a program to encourage physicians, institutional health care providers, and patients to report adverse drug reactions to the Center.
United States · United States Congress · 21 March 1985
Hazardous Materials Manufacturing Safety Act of 1985 - Amends the Solid Waste Disposal Act to include releases into the air from an underground storage tank. Reduces from 36 to 18 months after the enactment of the Hazardous and Solid Waste Amendments of 1984 (November 8, 1984) the time within which new underground tank performance standards become effective. Reduces from 48 to 24 months after such date the effective date of certain regulations covering underground storage tanks containing regulated substances. Amends the Toxic Substances Control Act to include pesticides within chemical substances under such Act only when the manufacturing and processing is completed and the pesticide is distributed. 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 releasors) 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, potential hazards from the release, 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 a local government location or possibly, in the case of emergency bulletins, at the location of a potential releasor as well. 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 and make available to the public 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. Exempts 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 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 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 could reasonably be presumed to release a covered hazardous substance. Requires the label to indicate the appropriate response to a release. Directs the Administrator to designate covered major manufacturers for emergency response purposes within one year of 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. Renders the manufacturer or processor strictly liable for damages caused by accidental or abnormal releases, excluding acts 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 of this Act 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 substance. 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. Amends the Occupational Safety and Health Act of 1970 (OSHA) to permit States to adopt more stringent right-to-know standards for employees concerning hazardous substances to which they may be exposed in the course of their employment than are provided under such Act. Requires compliance with both the State and OSHA standards to the degree possible with the State standard preempting the OSHA standard in case of a conflict. Authorizes appropriations for the Federal Emergency Management Agency for FY 1986 through 1991 for training of government personnel in hazard mitigation and disaster response with a special emphasis on emergencies associated with hazardous chemicals and for administering support programs to State and local governments to improve emergency preparedness and response, especially in hazardous chemical situations.
United States · United States Congress · 21 March 1985
Requires diet drugs containing phenylpropanolamine to be dispensed only in accordance with the prescription drug requirements of the Federal Food, Drug, and Cosmetic Act.
United States · United States Congress · 21 March 1985
National Endowment for the Homeless Act - Authorizes the establishment of a nonprofit corporation to be known as the National Endowment for the Homeless. States the purposes of the Endowment to be to: (1) provide shelter, food, and supportive services for the homeless; (2) promote greater cooperation between the public and private sectors in providing services for the homeless; and (3) provide funds for innovative local programs for the homeless. States that the Endowment may only fund programs undertaken by nonprofit organizations and units of local government, and that such assistance shall be in addition to, rather than a substitute for, financial support otherwise available for the homeless. Sets forth grant distribution and operating provisions. Establishes within the Endowment a National Council of Shelter, Food, and Service Providers. Requires an annual report to the President for transmittal to the Congress. Authorizes FY 1986 through 1988 appropriations including additional matching amounts.
United States · United States Congress · 21 March 1985
Commemorates May 18, 1985, as the 20th anniversary of the Head Start Program. Expresses the sense of the Congress that: (1) the Head Start Program has been cost-effective and successful; and (2) congressional commitment to such program is reaffirmed.
United States · United States Congress · 21 March 1985
Expresses the sense of the Congress that any action taken to eliminate 1985 social security cost-of-living benefit increases which would thereby freeze social security benefits at their present levels should not apply to individuals who were born in 1917 or thereafter.
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 · 20 March 1985
Asbestos Workers' Recovery Act - Title I: Supplemental Benefits - Establishes a Federal supplemental benefit program for death or disability caused by occupational exposure to asbestos. Provides guidelines for: (1) the calculation of benefits in proportion to disability; (2) payment methods; and (3) payment priorities. Exempts such supplemental benefits from: (1) any tax or legal process; and (2) any offset for administrative benefits under State or Federal law. Sets guidelines for the offset of supplemental benefits where reorganization or liquidation proceedings occur under Federal bankruptcy laws. Makes supplemental benefits payable only out of the Asbestos-Related Disease Trust Fund established by this Act. Conditions eligibility for supplemental benefits upon such benefits' being the exclusive remedy of an individual for occupational exposure to asbestos. Prescribes guidelines for the filing and payment of asbestos-related disease claims. Directs the Secretary of Health and Human Services (the Secretary) to apply by analogy specified portions of the Social Security Act when making determinations of: (1) entitlement to benefits; (2) review of claims; and (3) delegations of authority to State agencies. Directs the Secretary of Labor, in consultation with the Secretary, in determining eligibility for a supplemental benefit under this Act, to determine annually the average weekly wage for manufacturing workers in each State. Requires such determinations to govern decisions regarding all claims filed in the following calendar year. Requires the Secretary to rely upon: (1) prior court decisions regarding a claimant; and (2) prior determinations by the appropriate workers' compensation program regarding specified eligibility criteria. Specifies exceptions. Requires the Secretary to apply the appropriate workers' compensation law when reviewing supplemental benefit claims. Creates within the Department of Health and Human Services the National Medical Panel on Asbestos-Related Diseases to: (1) decide which diseases belong to the list of asbestos-related diseases; (2) review claims to determine whether a person's disease was caused by asbestos exposure; and (3) publish certain Medical Assessment Guidance Documents. Provides guidelines for the appointment of medical scientists to the Panel from certain organizations. Directs the Panel to promulgate a list of asbestos-related diseases and to provide explanations of any decisions to include or omit a disease from such list. Outlines conditions under which the Panel shall review claims for asbestos-related diseases which do not appear on the panel's list of diseases. Requires the Panel to determine within a specified time whether the disease in the referred claim should be included on such list. Requires the Panel to publish Medical Assessment Guidance Documents including specific medical diagnostic criteria to aid parties and decisionmakers determine whether a death or disability was caused by occupational exposure to asbestos. Title II: Finance - Prescribes guidelines under which: (1) assessments are imposed against each asbestos defendant; (2) assessment allocating factors are assigned to asbestos defendants; (3) assessments are imposed against asbestos insurance policies; and (4) assessments are imposed against companies undergoing Federal bankruptcy proceedings. Sets the aggregate semiannual assessment on defendants on June 30 and December 31 of 1985 and 1986 at $150,000,000. Sets forth formulas for determining the aggregate semiannual assessment on each assessment due date in 1987 and thereafter. Imposes interest upon assessments not paid by the due date. Requires the Secretary of the Treasury to: (1) conduct studies determining assessment allocation factor amounts and assessment apportionment ratios; and (2) promulgate compliance regulations. States that assessment payments do not prejudice the right to recover or challenge such payments. Treats asbestos-related disease assessments imposed upon either an asbestos defendant or an asbestos insurance policy, for Federal income tax purposes, as ordinary and necessary expenses incurred in carrying on the trade or business, on the one hand, and insurance contract losses, on the other. Treats asbestos-related disease assessments as miscellaneous excise taxes. Establishes in the Treasury the Asbestos-Related Disease Trust Fund (the Trust Fund). Details the manner in which such Trust Fund shall be funded and administered. Makes the Secretary of the Treasury the Managing Trustee, and delineates trustee functions. Provides for repayable initial advances and repayable cash flow advances to the Trust Fund during specified periods of FY 1985. Authorizes appropriations for FY 1986 and subsequent fiscal years for the Trust Fund. Establishes within the Department of the Treasury the Asbestos-Related Disease Trust Fund Conservation Committee (the Committee) comprised of the Managing Trustee and five public members appointed by the President. Includes among the consultation and review functions of such Committee: (1) claim disposition; (2) grant and contract awards; and (3) claims and assessments analysis. Directs the Committee to submit an annual report to the Congress regarding the performance of its responsibilities. Authorizes the Committee, with the advice and assistance of the Secretary of Labor, to instruct the Managing Trustee to award grants and contracts to specified organizations for the purpose of: (1) improving State workers' compensation programs; (2) assuring the availability of medical specialists to assist government agencies; (3) establishing medical evaluation units to determine occupational sources of asbestos-related diseases; and (4) medical treatment research. Title III: Miscellaneous - Makes the supplemental benefits under this Act and the applicable workers' compensation programs the exclusive remedy for occupational exposure to asbestos. Exempts certain persons from liability for occupational exposure to asbestos. Removes jurisdiction from State or Federal tribunals to adjudicate any claim of liability for occupational exposure to asbestos after enactment of this Act. Confers jurisdiction for judicial review of administrative acts under this Act only upon the United States Court of Appeals for the District of Columbia Circuit. Confers jurisdiction for questions of assessments and constitutionality under this Act only upon a special three-judge district court established in the District Court for the District of Columbia. Requires all administrative costs and expenses of this Act to be paid out of the Trust Fund. Directs the Secretaries of Health and Human Services, Labor, and the Treasury, and the Attorney General to submit an analysis and certification of their respective costs under this Act to the Managing Trustee for reimbursement.
United States · United States Congress · 20 March 1985
Requires the Secretary of the Army to disclose petroleum product information (regarding petroleum transported by vessel) to any State taxing agency requesting such information for the purpose of State tax law administration. Confines the disclosure of such information to State employees or legal representatives of a State taxing agency. Prescribes guidelines for such disclosure. Requires a requesting State to have laws in effect exempting such information from public disclosure and protecting its confidentiality. Increases from $200 to $500 the penalty imposed on owners and agents of vessels plying Federal navigable waters who fail to furnish certain information requested by the Secretary of the Army.
United States · United States Congress · 20 March 1985
Dislocated Workers Act of 1985 - Title I: Employment Impact of Federal Programs - Directs the Secretary of Labor to establish and maintain the capacity to estimate the employment and unemployment impact of Federal programs, and the termination of Federal programs, including programs of financial assistance. Requires that the impact reports be established and maintained on an individual program-by-program basis, with separate estimates in a State and sub-State level. Requires that such estimates include both the direct and indirect employment effects of Federal expenditures. Title II: Dislocated Workers - Amends the Higher Education Act of 1965 (HEA) to direct the Secretary of Education to disregard, in any case in which a student is a certified dislocated worker under title III of the Job Training Partnership Act (JTPA), all equity in a single principal place of residence and the amount of unemployment benefits, for purposes of computation of assets and income for the proposed family contribution schedule for determination of Pell grants. Authorizes appropriations to cover such additional entitlements, but prohibits payment of such entitlements unless funds are provided for in an appropriation Act. Amends HEA to provide that, in the case of any such dislocated worker identified under JTPA, determinations of need for purposes of the Guaranteed Student Loan program shall be based on current income. Authorizes the Private Industry Council in every service delivery area (SDA) established under JTPA to provide information on training opportunities in the SDA, as well as the opportunities provided by this Act, to all individuals seeking training and retraining. Provides that acceptance of such training or retraining, and enrollment in a secondary institution with assistance made available pursuant to this title, shall be deemed to be acceptance of training with the approval of the State within the meaning of any other provision of Federal law relating to unemployment insurance. Excludes funds used for such purposes from specified cost limitations under JTPA. Title III: Procurement Targeting in Labor Surplus Areas - Directs the head of each Federal agency which procures supplies and equipment at a rate in excess of $1,000,000,000 in FY 1982 to set targets, in each fiscal year, for such procurement within labor surplus areas, as defined by the Secretary of Labor. Directs the Director of the Office of Management and Budget to report to specified congressional committees on: (1) the amount and percentage of contracts awarded by each Federal agency in labor surplus areas; (2) the impact of such contracts on the area unemployment rate; and (3) whether such contracts could be increased without adverse impact on Federal procurement.
United States · United States Congress · 20 March 1985
Amends the Communications Act of 1934 to prohibit the Federal Communications Commission from permitting the assessment of a charge to recover the costs of services and facilities provided for interstate or foreign telecommunications on: (1) any residential subscriber of telephone exchange service; or (2) any business or individual subscriber that does not have more than one subscriber line within the same exchange area.
United States · United States Congress · 20 March 1985
Amends the Communications Act of 1934 to prohibit the imposition of access charges on residential and single line business subscribers of telephone exchange service in States that have established alternatives to access charges which will not: (1) increase the extent to which carriers and other persons seek alternatives to direct connection to obtain exchange access; (2) impose undue burdens on subscribers; or (3) impede competition for interexchange service.
United States · United States Congress · 20 March 1985
Public Telephone System Bypass Access Charge Act - Amends the Communications Act of 1934 to require that any system of telephone access charges established by the Federal Communications Commission (FCC) include: (1) a special access charge of $25 a month or more for any line that indirectly interconnects with the exchange facilities of an exchange carrier; and (2) a bypass charge equal to 20 percent of the special access charge per line to be assessed on any person who, without direct or indirect interconnection with the exchange facilities of an exchange carrier, for commercial or governmental purposes, provides facilities and services comparable to the exchange access available from the exchange carrier. Sets forth exemptions. Requires persons subject to such charges to notify the appropriate exchange carriers, the FCC, and the appropriate State commissions. Prescribes penalties for evading such charges and for failing to comply with notification requirements. Provides that any person who pays to obtain exchange access directly from an exchange carrier for purposes of resale shall not be required to pay any additional amount for the exchange access for which payments have already been made indirectly. Requires that the non-traffic-sensitive costs apportioned to the interstate jurisdiction that are not recovered under the charges prescribed by this Act and the end-user common line charges be recovered through carrier common line charges. Limits to 25 percent the national aggregate percentage of non-traffic-sensitive costs that may be apportioned to the interstate jurisdiction. Directs the FCC to review and report to the Congress annually on the effects of the charges assessed under this Act, including information on whether the bypass charge allows for recovery of an equitable share of the costs of services and facilities of the exchange carrier that are available to the person subject to such charge on request or as an alternative to such person's facilities.
United States · United States Congress · 20 March 1985
Ethnic and Minority Affairs Broadcasting Clearinghouse Act of 1985 - Amends the Communications Act of 1934 to establish the Ethnic and Minority Affairs Clearinghouse within the Federal Communications Commission. Directs the Clearinghouse to: (1) establish a clearinghouse for complaints about the portrayal of ethnic and minority groups in radio and television broadcast programming; (2) collect and disseminate information about such portrayal; (3) conduct an annual conference to draw public attention to such portrayal; (4) submit to the Congress an annual report on its activities, including a compilation of all complaints received; and (5) provide information to the Commission.
United States · United States Congress · 19 March 1985
Amends the Equal Credit Opportunity Act to prohibit the Board of Governors of the Federal Reserve System from exempting from such Act any class of credit transactions that are primarily for personal, family, or household purposes. Permits the Board to exempt (for five years) a type or class of business or commercial transactions only after determining that application of such Act to such transactions would not contribute substantially to effecting the purposes of such Act.
United States · United States Congress · 19 March 1985
Textile and Apparel Trade Enforcement Act of 1985 - Limits the total quantity of 1985 imports of textiles and textile products from a major exporting country to the lesser of an amount equal to 101 percent: (1) of the total quantity of textile products imported from such country if the total had increased by six percent annually (one percent annually for wool products) during 1981 through 1984; or (2) if the United States has an agreement with such country providing for an annual growth rate of less than six percent, of the total quantity of such products from such country imported during 1984. Limits the total quantity of 1985 imports of textiles and textile products from an exporting country to an amount equal to the total quantity of such products imported from such country during 1984 plus: (1) 15 percent of such quantity in the case of a category that is not an import sensitive category; or (2) one percent in the case of an import sensitive category. Provides for changing the classification of a country, except for a Caribbean country, from an exporting country to a major exporting country if the total textile imports from such country equals or exceeds one and one-quarter percent of all textiles imported into the United States. Sets forth a formula for adjusting the growth of textile imports annually. Sets forth certain minimum quantities of textile imports that all countries shall be allowed to export to the United States. Requires the Secretary of Commerce to enforce this Act. Directs the Secretary, within six months of enactment of this Act, to establish an import licensing system under which an importer of textiles will be required to present an import permit as a condition of entry of such textiles. Directs the President to report to the Congress annually on the administration of this Act.
United States · United States Congress · 19 March 1985
Amends the Safe Drinking Water Act to prohibit any chemical substances from being added artificially to a public water supply for any purpose other than: (1) to render the water safe for human consumption; (2) to test the water for contamination; or (3) to improve the taste or the clarity of the water.
![Official portrait of Rep. Mitchell, Parren J. [D-MD-7]](https://www.congress.gov/img/member/m000826_200.jpg)