United States · United States Congress · 17 July 1985
Electric Utility Tax Reform Act of 1985 - Amends the Internal Revenue Code to allow the Federal Energy Regulatory Commission and State regulatory authorities to adopt a least system cost plan for regulated public utilities and to establish a rate schedule for such utilities which provides for ratemaking treatment of the investment tax credit and the tax deduction for accelerated cost recovery in such manner as the State regulatory authority determines will further the purpose of such plan. Defines "least system cost plan" as a plan which provides for meeting demand for electric energy services under which each measure to be implemented is forecast: (1) to be reliable and available within the time it is needed; and (2) to meet or reduce the electric power demand at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative measure or resource.
United States · United States Congress · 16 July 1985
Children's Justice Act - Amends the Child Abuse Prevention and Treatment Act to authorize the Secretary of Health and Human Services to make additional grants to States for developing, operating, or implementing programs for: (1) handling child abuse cases in a manner to reduce trauma to the child (especially in sexual abuse cases); (2) successful prosecution or legal action against child abusers; and (3) protection of children from abuse. Makes a State eligible for such assistance if it establishes a multidisciplinary task force and adopts reforms recommended by such task force. Requires the task force to be comprised of professionals experienced in the criminal justice system. Requires a State to adopt reforms recommended by the task force in each of the three stipulated categories or submit a detailed explanation of the reasons for not carrying out such recommendations. Requires the Secretary, through the National Center on Child Abuse and Neglect, to: (1) compile, publish, and disseminate evaluations of the approaches utilized with respect to the investigation and prosecution of child abuse cases; (2) develop and disseminate model training materials and procedures to help insure that law enforcement, legal, judicial, and child welfare personnel are adequately trained to deal with child abuse victims; and (3) provide for support of research projects to assist in identifying effective approaches to achieving successful investigation and prosecution of child sexual abuse cases. Directs the Secretary, within two years, to review and evaluate the effectiveness of the activities carried out with the funds made available under this Act and report the results to the Congress. Requires the evaluation to be made available to State officials within 180 days after enactment of this Act. Authorizes appropriations. Directs the Attorney General, the Secretary of Health and Human Services, the Secretary of Education, and any other agency or department head designated by the President, to meet regularly to coordinate and prevent the overlap of programs that address child abuse. Requires the Secretary of Health and Human Services to report to the Congress on the coordination of Federal programs. Requires the Attorney General to modify the classification system used by the National Crime Information Center in its Interstate Identification Index, and by the Identification Division of the Federal Bureau of Investigation in its Criminal File and its Uniform Crime Reporting System, with respect to offenses involving the sexual exploitation of children. Amends the Public Health Service Act with regard to the confidentiality of patient records to provide that nothing in such section shall supersede any State or local requirement for the reporting of incidents of suspected child abuse to authorities.
United States · United States Congress · 16 July 1985
Federal Equitable Pay Practices Act of 1985 - Establishes the Commission on Equitable Pay Practices to determine whether the Government's position-classification system and prevailing rate system are designed and administered in accordance with the general policy that sex, race, and ethnicity should not be among factors considered in determining pay rates. Requires the Commission to conduct, by contract with a consultant selected under this Act, a study under which job-content analysis and economic analysis shall be applied to a representative sample of occupations in which: (1) either sex is numerically predominant; (2) any race is disproportionately represented; or (3) any ethnic group is disproportionately represented. Directs the Commission to report to the Congress and the President on the results of such study not later than 18 months after the Commission's date of establishment. Make sums appropriated to the Office of Personnel Management for general operating expenses available to carry out this Act.
United States · United States Congress · 16 July 1985
Amends title XVIII (Medicare) of the Social Security Act to permit a hospital to furnish extended care services if the hospital: (1) is located in a rural area and has at least 50 beds and not more than 150 beds; and (2) the hospital certifies that the average daily census in any year of individuals receiving such extended care services does not exceed 40 individuals. Prohibits Medicare payments for extended care services furnished to an extended care patient in a hospital after the end of the five day period beginning on which such patient could be in a skilled nursing facility.
United States · United States Congress · 11 July 1985
Community Information and Emergency Response Planning Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to require the Governor of each State to appoint an emergency response commission. Requires each commission to appoint and coordinate regional emergency response committees which shall develop emergency response plans to minimize the injury to human health and the environment in the event of a hazardous substance emergency. Requires such plans to contain specified information, including: the names and phone numbers of persons to be contacted in case of an emergency, a description of measures to be taken, and an evaluation of the medical and municipal services needed in such an event. Requires the operator of a facility on the National Priority List (NPL) issued a permit under the Solid Waste Disposal Act, or containing significant amounts of a hazardous substance, to prepare for the appropriate regional emergency response committee a hazardous substance report identifying the type, amount, location, routes of potential human exposure, and appropriate emergency procedures and notifications for any hazardous substances contained therein. Requires such reports to be updated periodically and to comply with a uniform format. Directs the Administrator of the Environmental Protection Agency (EPA) to publish and revise a list of covered hazardous substances for purposes of these provisions. Permits regional committees or individuals to petition for the designation of additional substances. Requires the owner or operator of any facility which produces, uses, or stores any hazardous chemical to prepare or obtain a material safety data sheet indicating how much of the chemical will be present during the next year, such sheet to be distributed to the appropriate regional committee. Requires the maintenance of permanent records of such information. Permits exemptions from reporting and information maintenance requirements under specified circumstances. Requires a covered operator to provide an emergency bulletin to the emergency response committee in the area when an emergency arises. Requires such bulletins to identify the chemical, the actions to be taken, the scope of the emergency, and recommendations for additional actions. Requires all reports, bulletins, and data sheets to be made available to the public. Establishes civil and criminal penalties for violations of such information provisions. Permits citizen suits for such violations or for the failure of the Administrator to perform mandatory acts. Preempts State laws for hazardous substances reporting requirements unless the State standard is more protective. Permits an otherwise covered operator to withhold certain trade secrets from reports, bulletins, and data sheets, but requires disclosure to health officials upon written demonstration of need.
United States · United States Congress · 11 July 1985
Expresses the sense of the House of Representatives that the: (1) local field office structure of the Social Security Administration should be maintained, strengthened, and fully staffed; and (2) proper amount of administrative costs of such offices should approximate 1.5 percent of the costs of the social security benefit programs serviced by such offices.
United States · United States Congress · 10 July 1985
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
Amends the Foreign Assistance Act of 1961 to direct the President, in providing assistance to developing countries, to: (1) place a high priority on conservation and sustainable management of tropical forests; and (2) take certain steps (including engaging in dialogues on conserving forest resources and information exchanges with recipient countries, supporting projects and activities which offer alternatives to colonizing forests, supporting related training and research programs, helping to end destructive agricultural practices, and denying any assistance for certain activities harmful to the forests). Directs the President, whenever feasible, to accomplish the objectives of this Act through projects managed by private and voluntary and other nongovernmental organizations. Requires the annual report to the Congress on foreign aid programs to include a report on the implementation of this Act. Requires that each country plan prepared by the Agency for International Development include an analysis of actions necessary to achieve conservation and sustainable management of tropical forests and the extent such actions meet the needs identified.
United States · United States Congress · 10 July 1985
Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to allow a civil action to be brought by a plaintiff only when the private suit rests on an injury caused by conduct that led to the defendant's conviction of one of the predicate offenses listed in the statute or of a criminal violation of RICO itself. Requires the plaintiff to bring such action within one year of the defendant's conviction.
United States · United States Congress · 10 July 1985
Amends the Forest and Rangeland Renewable Resources Research Act of 1978 to direct the Secretary of Agriculture, acting through the Forest Service, to conduct a ten-year research program on the effects of atmospheric pollution on forest ecosystems. Requires the participation of State and local agencies, and the Acid Precipitation Task Force, and private industry in such effort. Directs the Secretary to report annually to the President and to the Congress on current and projected research activities.
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
Institutional Aid Act of 1985 - Amends title III (Institutional Aid) of the Higher Education Act of 1965 (HEA) to revise institutional aid programs, especially in relation to the development needs of historically black colleges and universities and other institutions with large concentrations of minority, low-income students. Includes as eligible institutions, for purposes of the title III part A (Strengthening Institutions) grants program, any institution of higher education which meets specified requirements and which has an enrollment of which at least: (1) 20 percent are Mexican American, Puerto Rican, Cuban, or other Hispanic students, or combination thereof; (2) 60 percent American Indian, Alaska Native, or Aleut, or combination thereof; or (3) five percent Native Hawaiian, American Samoan, Micronesian, Guamian (Chamorro), or Northern Marianan, or any combination thereof. Establishes under title III part B, "Strengthening Historically Black Colleges and Universities" (which replaces the current part B, Aid to Institutions with Special Needs). Defines a "part B institution" as any historically black college or university that was established prior to 1964 and whose principal mission was, and is, the education of black Americans. Sets forth authorized uses for grants allotted to institutions under the part B program. Directs the Secretary of Education (the Secretary) to make allotments to part B institutions according to formulas based on number of: (1) Pell grant recipients; (2) graduates; and (3) graduates in attendance at graduate or professional schools in degree programs in disciplines in which blacks are underrepresented. Sets forth a special rule regarding allotments to Howard University or the University of the District of Columbia. Sets forth provisions for applications for part B grant allotments. Sets forth provisions for part B program grants to professional and graduate institutions. Directs the Secretary, subject to the availability of appropriations for such purpose, to award such grants to each of listed postgraduate institutions that the Secretary determines to be making a substantial contribution to the legal, medical, dental, veterinary, or other graduate education opportunities for black Americans. Prohibits any such grant in excess of $500,000 unless the postgraduate institution assures that 50 percent of the cost of the purposes for which the grant is made will be paid from non-Federal sources. Limits the duration of any such grant to five years. Provides that any one undergraduate or postgraduate institution may receive no more than two such five-year grants. Allows use of such grants for: (1) any of the authorized uses of part B allotment grants; (2) contribution development offices; and (3) institutional endowments. Sets forth application requirements. Provides that independent professional or graduate institutions eligible for such grants include: (1) Morehouse School of Medicine; (2) Meharry Medical School; (3) Charles R. Drew Postgraduate Medical School; (4) Atlanta University; and (5) Tuskegee Institute School of Veterinary Medicine. Sets forth reporting and audit requirements and penalties for misuse of funds. Revises title III part C (Challenge Grants for Institutions Eligible for Assistance Under Part A or Part B) to rename the "endowment grants" under such part "challenge grants." Makes technical and conforming amendments to eligibility requirements under such part. Reduces the maximum amount of any such part C challenge grant for FY 1985 through 1987. (Retains the current maximum for FY 1988 and succeeding fiscal years.) Establishes under title III a new part D, "Reservation for Hispanic, Native American, and Pacific Basin Institutions." (Redesignates the current part D as part E.) Directs the Secretary, from part A appropriations, to make available for use for the purpose of such part the greater of specified amounts or the following portions of such funds: (1) 20 percent for Hispanic institutions; (2) five percent for Native American, Native Alaskan, or Aleut institutions; and (3) five percent for institutions serving Native American Pacific Islanders, including Native Hawaiians residing in the Pacific Basin, including the State of Hawaii. Sets forth authorized uses of such part A funds which are reserved under the new part C. Revises the redesignated part E (General Provisions) under title III. Directs the Secretary to publish in the Federal Register all policies and procedures required to exercise the authority to approve applications for title III assistance. Prohibits any other criteria, policies, or procedure from being applicable for such purpose. Directs the Secretary to: (1) use the most recent and relevant data concerning the number and percentage of students receiving need-based assistance under title IV (Student Assistance) of HEA in making eligibility determinations under part A of title III; and (2) advance the base-year forward following each annual grant cycle. Requires the Secretary to waive specified part A institutional eligibility requirements (involving an institution's having a relatively high percentage of students receiving need-based assistance under title IV of HEA) in the case of an institution which is: (1) extensively subsidized by the State in which it is located and charges low or no tuition; (2) serving a substantial number of low- and middle-income students as a percentage of its total student population; (3) contributing substantially to increasing higher education opportunities for black Americans, Hispanic Americans, Native Americans, Native American Pacific Islanders, including Native Hawaiians, who are low-income individuals; or (4) substantially increasing higher educational opportunities for individuals in rural or other isolated areas unserved by postsecondary institutions. Includes Hispanic, Native American, or Pacific Basin institutions which have been determined eligible under part D, although not satisfying a specified eligibility criterion (involving an institution's having relatively low and general expenditures), among those institutions which must be included in an annual report of the Secretary to the Congress. Includes among those reasons for which the Secretary may grant a waiver of specified eligibility requirements (involving an institution's being accredited by a nationally recognized accrediting agency and its being authorized to offer bachelor's or junior or community college degrees) a determination that such waiver will substantially increase higher education opportunities appropriate to the needs of Hispanic Americans or Native American Pacific Islanders, including Native Hawaiians. Directs the Secretary to take care to assure that representatives of historically black colleges, Hispanic institutions, Native American institutions, and Native American Pacific Islanders, including Native Hawaiians, are included as readers on title III application review panels. Revises provisions for grants to encourage cooperative arrangements to include such arrangements between title III aid recipients and institutions not receiving such assistance. Includes benefit to the applicant institutions as a priority criterion in making such grants. Authorizes appropriations for FY 1987 through 1991 for the following title III programs: (1) part A, Strengthening Institutions; (2) part B, Strengthening Historically Black Colleges and Universities (with a separate authorization for part B provisions for Professional and Graduate Institutions); and (3) part C, Challenge Grants for Institutions Eligible for Assistance Under Part A or Part B. Directs the Secretary to make available part A funds for any fiscal year to eligible institutions as follows: (1) at least 30 percent to junior or community colleges; (2) at least 20 percent (or a specified minimum amount, if that is greater) for Hispanic institutions; (3) at least five percent (or a specified minimum amount if that is greater) for Native American, Alaskan, or Aleut institutions; (4) at least five percent (or a specified minimum amount if that is greater) for Pacific Basin institutions; and (5) the remainder to institutions that plan to award a bachelor's degree during that year.
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
Amends the Internal Revenue Code to allow a deduction of an additional exemption amount for a taxpayer or the spouse of the taxpayer if the taxpayer or spouse is a paraplegic, a quadriplegic, a hemiplegic, an amputee, or a deaf person at the close of the taxpayer's taxable year. Requires the taxpayer to furnish proof of such condition in such form and manner, and at such times, as prescribed by regulations.
United States · United States Congress · 26 June 1985
Authorizes the Secretary of the Interior to erect a monument, given as a gift from Morocco in recognition of mutual friendship, on Federal land within the District of Columbia. Directs the Secretary, with the approval of the Commission of Fine Arts and the National Capital Planning Commission, to select a design and site for the monument. Directs the Secretary to maintain the monument. Makes the authority to erect the monument contingent on construction beginning within five years. Directs that U.S. funds may not be used to build the monument.
United States · United States Congress · 26 June 1985
Amends the Federal Aviation Act of 1958 to prohibit the purchase, lease, or acquisition of control in any manner of a substantial portion of an air carrier by the following persons: (1) any air carrier which is a debtor; (2) any person who is a debtor and controls an air carrier; (3) any person controlling an air carrier which is a debtor; or (4) any person who is a debtor and is substantially engaged in the business of aeronautics.
United States · United States Congress · 26 June 1985
Consumer Products Energy Efficiency Amendments of 1985 - Amends the Energy Policy and Conservation Act to provide that the labeling rules regarding consumer product energy efficiency standards shall require disclosure of such standards at the point of sale and in any advertising of the product. Directs the Secretary of Energy (the Secretary) to: (1) publish and make available comparative guides of the energy efficiency and annual operating cost of certain consumer products; (2) prescribe an energy efficiency standard for certain consumer products; (3) include in the Secretary's annual report on consumer product energy efficiency standards the percentage of covered products or components which are imported. Requires the Secretary, before determining whether a standard is economically justified, to weigh its effect on domestic production, reduction of unemployment, electric utilities, and the human environment. Authorizes the Secretary to prescribe an energy efficiency standard for certain consumer products if it is determined that improvement of 20 percent or more is feasible. Delineates the criteria to be considered by the Secretary in determining whether a performance-related feature justifies the establishment of either a higher or a lower energy efficiency standard. Directs the Secretary to: (1) issue energy efficiency improvement guidelines for each of the following five years if no standard for a covered consumer product is prescribed; (2) monitor the improvements in efficiency; and (3) prescribe an energy efficiency standard whenever a certain type of consumer product type fails for three consecutive years to achieve at least half of the improvement under such guideline.
United States · United States Congress · 26 June 1985
Expresses the sense of the House of Representatives that the Administrator of the National Highway Traffic Safety Administration should retain the current corporate average fuel economy standard for passenger automobiles.
United States · United States Congress · 25 June 1985
Victims of Terrorism Compensation Act - Amends Federal provisions relating to payments to Federal employees, citizens, nationals, or resident aliens who are missing while in active Federal service as a result of hostile action taken against the United States. Directs the Secretary of the Treasury to establish a savings fund to which the pay and allowance of an individual in a captive status may be allotted. Directs that the following payments be made to individuals held in captive status (or, where appropriate, to their beneficiaries): (1) medical and health care expenses incident to the employee's captive status; (2) direct cash payments for captive status as of November 4, 1979; (3) certain benefits provided by the Soldiers' and Sailors' Relief Act of 1940; and (4) payments to the spouse or child of a captive for expenses incurred while attending an educational or training institution. Authorizes the head of an agency, in order to respond to special circumstances, to pay a captive for educational and training expenses. Directs the President to prescribe regulations under which disability or death compensation may be paid by an agency head to an employee or family member of such employee if the death or disability was caused by hostile action and was a result of the individual's relationship with the Government. Prohibits leave from being charged to the account of an alien employee while serving abroad for absence due to injuries incurred as a result of hostile action directed against the United States. Expresses the sense of the Congress that: (1) the recommendation of the report (relating to Iranian captives) entitled "The Final Report and Recommendations of the President's Commission on Hostage Compensation", dated September 21, 1981, is unacceptable and inappropriate; (2) the decision to agree to and abide by the "Declaration of the Government of the Democratic and Popular Republic of Algeria" inappropriately deprived victims of Iran's illegal actions of the right to seek compensation from Iran; and (3) the executive branch has not taken adequate action to seek legislation or otherwise provide appropriate compensation to persons who were held captive in Iran. Entitles such captives held from November 1979 to January 1981 to a payment of $50,000. Entitles captives who were held beginning in November 1979 and ending before January 1981 to an amount determined by the President taking into account the provisions of this Act.
United States · United States Congress · 25 June 1985
Federal Firearms Act of 1985 - Amends the Gun Control Act of 1968 to prohibit any person licensed under such Act from manufacturing, selling, delivering, or transferring: (1) any concealable handgun; or (2) any revolver or pistol which fails to meet specified requirements. Exempts from such prohibition handguns which are relics or curios as determined by the Secretary of the Treasury and the use of handguns for research or by the government.
United States · United States Congress · 25 June 1985
Child Care Opportunities for Families Act - Title I: Increasing the Supply of Child Care - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to increase the amount of appropriations authorized for FY 1985 through 1988 and succeeding fiscal years for title XX allotments to States. Reserves specified amounts from such title XX funds for FY 1986 through 1988 and succeeding fiscal years for use only for the provision of qualified child day care services. Directs the Secretary of Health and Human Services (HHS) to allot such reserved funds in the same proportions as regular title XX allotments. Defines qualified child day care services, for such purposes, as child day care services which are provided to: (1) children who are abused or neglected children, or at risk of being abused or neglected, or in families receiving child protective services; (2) children of eligible families who are recipients of aid to families with dependent children (AFDC); and (3) children (handicapped or nonhandicapped) of low-income parents (including legal guardians or primary caretakers) who are adolescents, or working, or enrolled in education or training programs, or seeking employment. Provides that such child day care services funds shall be: (1) only supplementary to funds from other sources (including other title XX funds); (2) separately accounted for in reports and audits; and (3) not transferable for purposes of other Federal block grant programs. Requires States, as a condition of eligibility for title XX block grants, to provide a State share of the total expenditures made by the State during any fiscal year (in cash or kind) for the provision of services directed at the goals set forth under title XX. Sets such State share to be provided from non-Federal public or private sources, at 25 percent of such total expenditures. Establishes a school-based early childhood education and child care services pilot program. Directs the Secretary of Education to make grants to States to assist local educational agencies (LEAs) to establish and expand such education and services for children aged four and five. Permits such pilot program funds to be used to: (1) extend half-day kindergarten to a full school day or typical working day to meet the needs of working parents; (2) contract with community-based child care organizations to provide part-day child day care to complement existing half-day or full school day school-based kindergarten or early childhood education programs; and (3) establish, or contract with community-based child care organizations to provide, pre-kindergarten or early childhood education programs and child day care services for children four years of age for a typical working day. Sets forth provisions for State applications for such pilot program grants, including requirements for: (1) State and LEA advisory panels; (2) encouragement of participation of severely handicapped children; and (3) priority consideration to programs serving substantial proportions of children from low-income families. Directs the Secretary of Education, in considering such applications to: (1) give preference to applicants whose programs provide services for the typical working day; and (2) ensure an equitable distribution of grants among States. Sets forth requirements for such pilot programs, including parent involvement, sliding scale fee scales, and no fees charged to families with incomes less than 150 percent of the poverty level. Sets forth matching requirements for such pilot programs. Limits the Federal share to 75 percent in the first year of assistance, 60 percent in the second year, and 40 percent in the third and any subsequent year. Limits administrative costs to five percent of the grant to the State or five percent of assistance to any LEA. Requires that at least ten percent of the total enrollment opportunities in each LEA in such pilot programs shall be available for handicapped children, with services to meet their special needs. Sets forth requirements for reports on, and evaluation of, such pilot programs. Defines community-based child care organization, for purposes of such pilot program provisions, as a private organization which is representative of the community and which has experience in providing child care services to low-income families. Authorizes appropriations for FY 1986 through 1988 for such pilot program of school-based early childhood education and child care services. Title II: Upgrading State Child Care Standards - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to add a further increase (above that already provided under title I of this Act) in the amount of appropriations authorized for Fy 1986 through 1988 and succeeding fiscal years for title XX allotments to States. Reserves specified amounts from such title XX funds for FY 1986 through 1988 and succeeding fiscal years for incentive grants to States for improvements in their child care licensing, regulatory, and monitoring systems. Directs the Secretary of Health and Human Services (HHS) to initially allot such reserved funds in the same proportions as regular title XX allotments. Requires that any remaining part of such reserved funds be used for making further grants to States which require additional assistance to carry out their State plans for such purpose. Requires that, for years after FY 1986, priority be given in distributing such additional funds to those States which have developed plans that will lead to their meeting or exceeding the recommended standards established by the National Advisory Committee on Child Care Standards pursuant to this Act. Requires the Governor of each State, as a condition of the State's eligibility for receiving title XX Federal payments, to establish or designate a State Advisory Committee on Child Care Standards which shall: (1) examine, investigate, and study the State's laws, regulations, and procedures for licensing, regulating, and monitoring child care services and programs within the State; and (2) prepare a report outlining the committee's findings and recommendations, including a description of the current status of child care licensing, regulating, or monitoring within the State to be submitted to each State's Governor for transmittal, along with the Governor's comments, to the Secretary of HHS. Establishes a National Advisory Committee on Child Care Standards in order to assist and provide guidance to the States in improving the quality of child care services. Requires each State Advisory Committee and the National Advisory Committee to review the options for child care standards published by the Department of HHS in January 1985 and the final 1980 HEW Day Care Regulations. Directs the National Advisory Committee to issue recommended standards for child care programs, after first publishing proposed standards and receiving comments. Terminates the National Advisory Committee 90 days after the publication of the final recommended standards. Directs the Secretary of HHS, from the title XX funds reserved and allotted to the States for such purpose, to make incentive grants to assist States in carrying out their plans to correct deficiences in, or otherwise improving, the licensing, regulating, and monitoring of their child care programs. Requires that State applications for such grants include such plans. Requires a detailed explanation if the State plan omits carrying out any recommendation contained in the State advisory committee's report. Title III: Expanding Private Sector Initiatives - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program of grants to local private nonprofit organizations to improve and expand child care services in the community by establishing and administering community funds for child care, in partnership with private for-profit businesses. Requires that such grants be used to provide: (1) child care scholarships on a sliding fee scale for low-income families through vouchers or by purchasing slots in child care programs; (2) partial scholarships of such sort to families ineligible for child care under title XX of the Social Security Act and whose income does not exceed $30,000; and (3) loans and grants to local nonprofit organizations (especially those serving significant proportions of low-income children) for start-up or renovation costs for community child day care services. Sets the maximum Federal share of the cost of expenditures from such community funds at 50 percent in the first year of Federal assistance, 40 percent in the second year, and 25 percent in the third and any subsequent year. Sets forth grant application requirements, including: (1) establishment of local advisory boards; and (2) obtaining of at least half of the local share of such community funds from for-profit private businesses. Directs the Secretary of HHS, in considering such applications, to: (1) ensure an equitable distribution of assistance among States and among urban and rural areas; and (2) give preference to organizations that have received such assistance in the previous year. Sets forth requirements for annual reports, evaluations, and audits of such community child care funds. Authorizes appropriations for FY 1986 through 1988 for such community child care funds program. Title IV: Training Child Care Personnel - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to add a further increase (above that already provided under titles I and II of this Act) in the amount of appropriations authorized for FY 1986 through 1988 and succeeding fiscal years for title XX allotments to States. Reserves specified amounts from such title XX funds for FY 1986 through 1988 and succeeding fiscal years for use by States in providing child care personnel training and retraining (including training in child development and in prevention of child abuse in day care settings). Provides that such training may be given to: (1) providers of licensed or registered child care services; (2) operators and staffs of facilities where such services are provided; (3) State licensing and enforcement officials; and (4) parents. Gives priority in such training to infant care providers, family day care providers, and providers of care for children with handicapping conditions. Directs the Secretary of Health and Human Services (HHS) to initially allot such reserved funds in the same proportions as regular title XX allotments. Requires that any remaining part of such reserved funds be used for making further payments to States on the basis of their respective needs and other factors which the Secretary of HHS considers appropriate. Establishes a program of scholarships for low-income individuals who are candidates for the Child Development Associate (CDA) credential. Directs the Secretary of HHS to make grants to States to provide such scholarships. Requires that preference be given to scholarship applicants who are candidates for the CDA credential for work in: (1) a family day care setting with children who are not more than five years of age; or (2) a center-based setting with children who are not more than three years of age. Requires State grant applications to assure that: (1) each scholarship will cover all necessary costs incidental to receiving the CDA credential; and (2) the State will not expend more than five percent of the grant for administrative costs. Defines low-income individual, for such purposes, as one whose income does not exceed 185 percent of a specified poverty line. Amends title V (Teacher Corps and Teacher Training Programs) of the Higher Education Act of 1965 (HEA) to add a new part G, Training Personnel for Early Childhood Education. Authorizes the Secretary of Education to make grants to institutions of higher education to: (1) train personnel for careers in early childhood education and development; and (2) prepare professional personnel to provide such training. Directs the Secretary to ensure that such part G grant funds are equitably distributed by geographic region and between four-year and two-year institutions. Permits such grants to be used by the institutions: (1) to cover the cost of such courses of training or study; and (2) for scholarships to individuals who agree to be providers of early childhood education or child day care services for at least two years after completion of their academic program. Requires that such scholarships be awarded on the basis of need to full- or part-time students, with preference to be given to those preparing to work with children three years of age or younger or children with handicapping conditions. Sets forth reporting requirements for grant or contract recipients under part G. Authorizes appropriations for FY 1986 through 1988 to carry out such HEA title V part G grants program for training personnel in early childhood education. Authorizes appropriations for FY 1986 through 1988 to carry out such program. Amends the Omnibus Budget Reconciliation Act of 1981 to revise provisions for grants to States for planning and development of dependent care programs. Adds an authorization of appropriations for FY 1986 for allotments to States to carry out the family day care training and technical assistance grants program added by this Act. Prohibits a project under such program from duplicating any services already provided by the State or locality to be served. Permits such program funds for FY 1986 to be used for grants to eligible nonprofit community-based organizations to provide: (1) training to family day care providers and individuals involved in training such providers (including child development and infant care training); and (2) technical assistance to family day care sponsors, providers, and individuals involved in training such providers, on laws and regulations applicable to the provision of family day care services. Allows training and technical assistance relating to the provision of family day care for handicapped children to be included under such grants. Makes nonprofit community-based organizations eligible for such grants if they: (1) have experience with working with such providers; and (2) agree to give training and technical assistance to such providers serving low-income families. Defines family day care as the care of children provided outside their residences, for a fee and on a part-day basis, by an individual in that individual's residence. Title V: Child Care Services for Special Groups - Part A: Child Care Services for Low-Income Postsecondary Students - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to add a new part D, Higher Education Institution-Based Child Care Program. Authorizes appropriations for such new part D program for FY 1986 through 1990. Directs the Secretary of Education to use such part D funds to make grants to institutions of higher education to provide child care services to low-income students. Sets forth grant application requirements, including provision of assurances that: (1) at least two-thirds of program participants are low-income individuals who are first-generation college students; (2) the remaining participants are either low-income individuals or first-generation college students; (3) the participants require the services to pursue a successful education beyond secondary school; (4) participants are enrolled at the grant recipient institution; and (5) the institution will provide to participants market rate vouchers for child care in licensed or registered programs or purchase slots in such programs for use by participants. Limits institutional administrative costs to five percent of the program grant. Defines low-income individual as one from a family whose taxable income for the preceding year did not exceed 150 percent of a specified poverty level amount. Part B: Respite Care Demonstration Grants for Families with Special Needs - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program of grants to States to assist public and private agencies to provide in-home or out-of-home respite care for handicapped children and children with chronic or terminal illnesses. Requires that such care be provided on a sliding fee scale with hourly and daily rates. Directs the Secretary of HHS to establish a demonstration program of grants to States to assist public and private agencies to provide crisis nurseries (i.e. centers providing temporary emergency services and care) for children who are abused and neglected, at high risk of abuse and neglect, or in families receiving child protective services. Requires crisis nurseries to: (1) provide such services and care without fee for a maximum of 30 days; (2) provide referral to support services. Sets forth administrative provisions for applications and awards of grants for the demonstration programs under this part. Requires States receiving such grants to submit annual funded program evaluation reports to the Secretary of HHS. Part C: Comprehensive Service Centers - Directs the Secretary of HHS to establish a program of grants to State and local health departments and nonprofit agencies to establish and operate school-located comprehensive health service centers. Requires such programs to be administered through the health resources and services administration of the Department of HHS. Requires such centers to provide, or arrange for the provision of, comprehensive health care services, child care sufficient to enable a student to continue education or enter employment, family life and parenting education, and academic and employment counseling and placement. Makes such services available to any student, but requires that priority attention be given the needs of any student who is an adolescent parent, pregnant, or a potential dropout. Requires such programs to provide or arrange provision of: (1) such services on school campuses, to the extent practicable; and (2) transportation of students to and from agencies supplying such services, and of eligible adolescent parents and their children to and from child care services. Sets forth provisions for fee schedules for such services. Prohibits discrimination on the basis of inability to provide full payment for such services. Requires grant recipients to collect reimbursement, where possible, for the Medicaid and title XX child care services programs under the Social Security Act. Limits State or local administrative costs to ten percent, and Federal administrative costs to one percent, of program funds. Sets forth grant application requirements. Directs the Secretary of HHS, in reviewing such applications, to: (1) consider the equitable geographic distribution of grants among States, and among urban and rural areas; and (2) give preference to recipients who will provide services in schools with the highest adolescent birth rate and the highest concentrations of low-income students and potential dropouts. Requires that Federal funds for such programs be supplementary to State and local funds, and that such programs provide services which are in addition to, rather than in substitution for, comparable services previously provided without Federal assistance. Sets the maximum Federal share of assistance to a center at 100 percent in the first year, 75 percent in the second year, and 50 percent in the third and any subsequent year of assistance. Sets forth annual reporting requirements for grant recipients. Directs the Secretary of HHS, after the second year of such assistance, to provide for an independent evaluation of a representative sample of such programs. Defines comprehensive health care services to include: (1) primary and preventive health services, including prenatal, delivery, and postpartum care; (2) pregnancy testing and maternity counseling; (3) nutrition counseling and referral; (4) screening and treatment of sexually transmitted diseases; (5) appropriate pediatric care; (6) pediatric services for infants born to adolescents; (7) mental health services and referral; (8) family planning services; (9) dental services and referral; and (10) such other services as the Secretary of HHS provides by regulation. Defines child care services,for purposes of this part, as services that: (1) are provided by a school-based or community-based child care organization (2) at a minimum include the provision of child care services to any child of an adolescent parent from birth through age 30 months; and (3) meet applicable State licensing standards. Authorizes appropriations for FY 1986 through 1988 for the grants program for school-located comprehensive health service centers under this part. Part D: Child Care Expenses for AFDC Recipients - Amends Social Security Act provisions relating to aid to families with dependent children (AFDC) to allow an increased amount of child care expenses to be taken into consideration in determinations of AFDC eligibility.
United States · United States Congress · 25 June 1985
Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to consider as overpayments the payments made to a deceased beneficiary that are received by an entitled surviving beneficiary.
United States · United States Congress · 25 June 1985
Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to enter into an agreement with any physician owing a past-due obligation because of a breach of contract by the physician under the National Health Service Corps Scholarship program. Requires the agreement to provide that: (1) deductions will be made from amounts owed the physician under the Medicare or Medicaid (title XIX of the Act) program until the past-due obligation has been repaid; (2) Medicare payments for services provided by such physician shall only be made on the basis of an assignment; and (3) if the physician does not provide services for which payment may be made under Medicare or Medicaid or if the physician breaches any provision of the agreement then the Attorney General shall sue the physician to recover the amount owed and the physician shall be barred from Medicare and Medicaid participation until the obligation has been repaid. Prohibits barring a physician if such physician is the sole community physician. Requires a State's Medicaid program to make such deductions from amounts otherwise payable. Provides, under the Public Health Service Act, for the collection of such past-due amounts through Medicare and Medicaid deductions.
United States · United States Congress · 25 June 1985
Amends the Internal Revenue Code to allow an income tax credit in an amount equal to 50 percent of expenses incurred for the purchase and installation of television subtitle equipment to be used by a hearing-impaired individual. Limits the amount of such credit to $250 ($125 in the case of a married individual filing a separate return).
United States · United States Congress · 20 June 1985
Superfund Amendments of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)(Superfund) to direct the Administrator of the Environmental Protection Agency (EPA) to establish reportable quantities for all hazardous substances by December 31, 1986. Directs the Administrator to give primary attention to releases which may present a threat to public health. Confirms the President's discretion to decide when responsible parties are authorized to conduct cleanup actions in lieu of Superfund-financed responses. Requires short-term removal actions undertaken by the Administrator to contribute to the highest degree possible to the efficient performance of any long-term action. Increases the maximum time and funding limit on short-term response actions when appropriate. Limits the 50 percent State cleanup obligation to those facilities which are both owned and operated by the State. Credits States with expenditures made at National Priorities List (NPL) sites on cost-eligible response actions. Revises other State cost-sharing measures. Treats long-term cleanup of groundwater, surface water, or soil contamination as part of the costs of remedial action. Grants EPA employees or contractors the necessary access to facilities and information to determine if the need for a response action exists. Prescribes a cleanup schedule for Superfund, requiring an evaluation within three years of sites on the Emergency Response and Remedial Investigation System (ERRIS) list for possible inclusion on the NPL. Sets a schedule for the conduct of remedial investigations and feasibility studies (RIFS) for NPL sites, requiring the commencement of remedial action at a minimum of 90 percent of such facilities within one year of the RIFS' completion. Directs the Administrator to revise the National Contingency Plan (NCP) within 18 months to reflect this Act's amendments. Requires the review of the hazard ranking system within one year. Permits individuals to petition the Administrator for a preliminary hazard assessment at a site. Includes contamination of the ambient air as a criterion for ranking a hazard. Eliminates the requirement that the NPL contain at least 400 sites. Prohibits the Administrator from taking abatement action against any release resulting from an applied pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act. Includes all vessels releasing hazardous substances within the jurisdiction of the United States under the liability provisions of CERCLA. Makes certain investigatory and assessment costs recoverable from the responsible party. Exempts from liability for all but negligence actions of government agencies responding to a hazardous substance emergency. Directs the Administrator and each Governor to appoint Federal and State trustees, respectively, for natural resources, creating a rebuttable presumption that their assessment of damages to such resources is valid. States that cleanup costs incurred in a response action constitute a Federal lien against the property of a responsible party. Sets forth evidentiary requirements for establishing financial responsibility. Permits direct action against a financial guarantor if the person liable is financially or physically unavailable for redress. Entitles such a guarantor to all rights and defenses available to the liable party. Limits the liability of such guarantor to its financial responsibility to the responsible party. Increases criminal penalties and adds certain civil penalties for violations of this Act, including failure to provide accurate information at specified times. Establishes a total fund level of $1,750,000,000 for each of five years, through FY 1990. Authorizes the use of Superfund monies for the authorities created by this Act. Eliminates the use of Superfund for payment of natural resource damage claims. Revises auditing procedures to require annual audits and reports to the Congress by the Inspector General. Authorizes appropriations for Superfund for FY 1986 through 1990. Establishes a six-year statute of limitations for Superfund claims, setting forth special rules for minors and incompetents. Authorizes nationwide service of process under CERCLA. Establishes a three-year statute of limitations for the initiation of actions for contribution for response costs of damages and for recovery claims for damages to natural resources. Establishes a six-year statute of limitations for cost recovery actions. Authorizes a State to require contributions to a fund to pay the costs of hazardous substance response actions or damages. Establishes within the Public Health Service the Agency for Toxic Substances and Disease Registry (ATSDR), headed by an Administrator. Requires ATSDR to implement the health-related authorities of this Act. Directs such Administrator to establish and maintain a listing of areas closed to the public or otherwise restricted in use because of contamination by hazardous substances or pollutants or contaminants. Directs the Administrator of EPA to list and periodically revise a list of hazardous substances or pollutants or contaminants which pose the most significant potential threat to human health. Directs the Administrator of ATSDR to establish and maintain an inventory of information on the health effects of each listed substance. Requires such Administrator to also develop toxicological profiles for each such substance, assessing the current state of knowledge of their deleterious effects, and revising such profiles at least every three years. Requires the Administrator to initiate research where inadequate information is available on a substance. Requires Federal coordination of research efforts. Requires the Administrator of ATSDR to perform a health assessment for each NPL facility where a significant possibility exists that a human population has been exposed to hazardous substances existing at such facility and a significant threat of adverse health effects exists. Bases the selection of such facilities on criteria developed by the Administrator of EPA. Permits the Administrator of ATSDR to conduct health assessments at other facilities as well. Authorizes individuals to petition the Administrator of EPA for a health assessment of a site where evidence of human exposure to hazardous substances exists. Requires the completion of health assessments before the completion of remedial investigation and feasibility studies (RIFS) whenever possible. Grants priority to those sites where the potential risk to human health appears highest. Requires State or local officials conducting a health assessment to report the results and recommendations to the Administrators. Requires the Administrator of ATSDR to provide the affected State and the Administrator of EPA with the results and recommendations of any ATSDR assessment. Includes the costs of an assessment among recoverable cleanup costs whenever such assessment reveals human exposure to a hazardous substance, pollutant, or contaminant. Directs the Administrator of ATSDR to conduct a pilot study of health effects of exposure whenever justified by an assessment to determine if full scale epidemiological studies are appropriate. Requires the Administrator to establish a registry of exposed persons if appropriate. Directs the Administrator to initiate a health surveillance program for an exposed population if justified by an epidemiological study or exposure registry. Requires the Administrator to report biennially to the Administrator of EPA on ATSDR's activities under this Act. Directs the Administrator of EPA to abate significant risks to the human population through exposure by providing alternate household water or relocation of individuals. Requires peer review of all ATSDR studies and research. Requires the Administrator of ATSDR to provide States and health professionals with educational materials on exposure-related issues. Requires the Administrator of EPA to provide a reasonable opportunity for public comment on any proposed plan for remedial action before it is implemented. Requires the Administrator to publish an explanation of any divergences from such plan or public comments. Authorizes the Administrator to make assistance available to affected individuals to help them evaluate and assess technical information and data. Prohibits the Administrator from taking a response action to certain types of releases unless such releases constitute a public health or environmental emergency. Prohibits response to releases: (1) of naturally occurring substances; (2) of building products; (3) into drinking water supply systems due to ordinary deterioration; and (4) from coal mining sites. Grants highest cleanup priority to releases which have contaminated or closed a sole or principal drinking water source. Requires the consideration of certain factors when adopting offsite remedies, including the long-term risks and uncertainties of land disposal. Exempts response-action contractors from liability for nonnegligent cleanup activities if they would not otherwise have been liable. Includes Federal facilities under CERCLA as if they were private facilities, except for certain financial responsibility and time period provisions. Requires the Administrator to establish a Federal Agency Hazardous Waste Compliance Docket for each Federal agency and department which will include information on off-site contamination and monitoring data, and releases of reportable quantities of hazardous substances. Requires that such information be made available to the public. Requires the Administrator to evaluate certain Federal facilities by January 31, 1987, for placement on the NPL, using National Contingency Plan (NCP) criteria. Requires the commencement of a RIFS within six months of a Federal site's placement on the NPL. Directs the Administrator to review the RIFS and enter into interagency agreements for cleanup when necessary, allowing for public participation. Requires each agency to report annually to the Congress on its implementation progress. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored. Requires the Administrator to select appropriate cost-effective remedial actions in accordance with the NCP. Requires remedial actions selected to provide sufficient control or amelioration of the hazardous substance so as to protect human health and the environment. Requires such measures to take into account the long-term effectiveness of the solution and the alternative technologies available to the maximum extent possible. Requires a standard of control at least as strict as that provided by any other applicable Federal environmental law such as the Safe Drinking Water Act. Requires onsite disposal to be in compliance with the relevant provisions of the Solid Waste Disposal Act. Authorizes the Administrator to enter into agreements whereby the releasor or any potentially responsible person conducts the remedial response. Permits the Administrator to fund part of such response. Limits the liability of the cleaning up party to that specified in the agreement. Permits the Administrator to take action against any person not a party to such agreement. Enters such agreements in the appropriate U.S. district court as consent agreements, enforceable as such. Directs the Administrator to notify potentially responsible parties of each other's identities and of the seriousness of the necessary cleanup, providing a moratorium on the commencement of remedial action for a specified period after such notice has been given. Grants notified persons an opportunity to submit a proposal to the Administrator for the undertaking or financing of remedial action. Permits the Administrator to commence remedial action if no good faith proposal is forthcoming within a specified period. Authorizes the Administrator to proceed on remedial actions where a significant public health threat exists, regardless of the status of negotiations. Authorizes the Administrator to agree to refrain from pursing any future liability of a person if an approved response action would be expedited and the person is in full compliance with the consent decree. Permits such an agreement only in the public interest after an evaluation of the effectiveness of the remedy and the nature of the remaining risks. Places premiums from such agreements into a contingency fund for future remedial actions at other facilities. Permits the Administrator to settle with persons whose share of response costs is not substantial. Title II: Miscellaneous Provisions - Terminates the Post-Closure Liability Fund's responsibility to fund the cleanup of already closed sites where hazardous waste was stored in compliance with the Solid Waste Disposal Act. Requires the promulgation of natural resource assessment damage claims regulations within six months of this Act's enactment. Requires the Department of Transportation to promulgate regulations requiring shippers to notify transporters whenever hazardous substances are offered for transportation. Establishes a federally-required commencement date for the running of State statutes of limitations for injury or damages caused by exposure to a hazardous substance, pollutant, or contaminant. Makes such date the time a plaintiff should reasonably have known exposure to such a substance caused or contributed to a personal injury. Renames the Hazardous Substance Response Trust Fund the Hazardous Substances Superfund. Amends the Solid Waste Disposal Act to authorize the Administrator to provide for the cleanup of leaking underground storage tanks. Requires the Administrator to use funds in the Petroleum Release Response Account of Superfund for such purposes, but holds the owners and operators of such tanks strictly liable for such costs. Authorizes State implementation of such authority under specified conditions, authorizing the Administrator to make grants to such States for such purpose. Establishes the Petroleum Release Response Account within Superfund out of specified funds. Authorizes citizen suits against violators of this Act, including the Administrator and other government officials who have failed to perform nondiscretionary duties. Permits citizen suits against nongovernment officials in the Federal district court in which the violation occurred. Permits citizen suits against any Federal official only in U.S. District Court for the District of Columbia. Empowers such courts to impose civil penalties and to order the performance of required acts. Requires plaintiffs to give notice to the Administrator, the alleged violator, and the State in which the violation occurred before commencing proceedings. Prohibits citizen suits where the Administrator has commenced and is pursuing an enforcement action. Permits the awarding of court costs to the substantially prevailing party. States that the United States may intervene as a matter of right in all citizen suits in which it is not otherwise a party. Requires the Federal Government to provide the assurances that it will pay a share of the remedial action and maintenance costs of a cleanup on Indian lands that is otherwise required to be made by a State. Authorizes Indian tribes to recover damages for injury to natural resources from hazardous substance releases, except as specified. Includes Indian tribes on the same basis as States under certain provisions of CERCLA. Requires the Administrator to commence a study on the adverse effects of drilling fluids, produced waters, and other wastes associated with the production of crude oil or natural gas on human health and the environment within six months of this Act's enactment. Title III: Community Right to Know and Emergency Planning - Requires owners and operators of facilities which produce, use, or store hazardous chemicals to file with local and State officials and periodically revise a material safety data sheet for each hazardous chemical. Requires such sheets to contain the same information as the sheets required under the Occupational Safety and Health Act. Requires each State Governor to designate the appropriate government officials to receive such information and who in turn must make such information available to the public. Requires such owners and operators to supply such information to any other facility owner or operator who is receiving shipments of such chemicals. Requires owners and operators to supply health professionals with specific chemical information on a substance if requested to do so. Requires owners or operators to provide a material safety data sheet to such professionals when an emergency arises or it is medically necessary to do so. Limits the use of certain information to health-related needs. Directs each Governor to appoint a Hazardous Substance Emergency Response Commission to coordinate response planning in such State. Directs these Commissions to designate local Emergency Response Committees to develop and implement Emergency Response Plans in case of a a hazardous substance emergency. Requires such Plans to include emergency notification personnel and procedures, evacuation plans, and an assessment and use plan for local medical and police resources. Requires the owner or operator of a facility having a hazardous substance emergency to immediately notify the appropriate authorities according to the Plan, including providing an emergency bulletin for the community which provides sufficient chemical and response information to inform the public of the nature of the crisis. Preempts State and local law in the area of chemical hazard communication. Establishes civil penalties for violations of these requirements and provides for court-ordered enforcement of the medical information provisions. Permits owners and operators to withhold trade secret information from their material safety data sheets, but not from medical personnel. Title IV: Provisions Relating to Taxation - Amends the Internal Revenue Code to extend the environmental tax on petroleum and certain chemical feedstocks for five years, through FY 1990. Repeals the Post-Closure Liability Trust Fund and tax. Exempts certain chemicals from such tax, including: (1) methane or butane used as fuel; (2) substances used in the production of fertilizer; (3) sulfuric acid produced as a byproduct of air pollution control; (4) substances derived from coal; (5) substances used in the production of motor fuel; (6) substances having transitory presence during the refining process; and (7) substances used in the production of animal feed. Allows refunds or credits for certain uses. Imposes a waste end tax sufficient to raise $300,000,000 in each of the five years of the environmental tax extension period. Imposes a broad-based corporate tax sufficient to raise $900,000,000 in each of those five years. Deposits all such revenues in Superfund. Imposes taxes sufficient to raise $250,000,000 in each of the five years for deposit in the Petroleum Release Response Account.
United States · United States Congress · 20 June 1985
University Research Facilities Revitalization Act of 1985 - Requires each of the major Federal research and development agencies to establish and carry out a new university research laboratory modernization program, under which an amount equal to a specified portion of the funds available to the agency involved for research and development awards to institutions of higher education will be reserved for the replacement or modernization of such institutions' obsolete laboratories and other research facilities. Requires that funds under such program be awarded in response to specific proposals submitted by universities and colleges, in accordance with regulations prescribed by the head of the agency involved. Requires that such regulations provide that funds to carry out the program be awarded on a competitive basis and in an amount not exceeding 50 percent of the cost of the replacement or modernization involved. Sets forth required criteria for the award of such funds. Defines the "major Federal research and development agencies" as: (1) the National Science Foundation; (2) the Department of Health and Human Services; (3) the Department of Defense; (4) the Department of Energy; (5) the National Aeronautics and Space Administration; and (6) the Department of Agriculture. Title I: Identification and Assessment of University and College Research Facility Needs; Funding for the University Research Laboratory Modernization Program in the National Science Foundation - Authorizes the National Science Foundation (NSF) to design, establish, and maintain a data collection and analysis capability to identify and assess the research facilities needs of universities and colleges. Directs NSF, in conjunction with other appropriate Federal agencies, to: (1) conduct biennial surveys for such identification and assessment purposes; and (2) report the results to the Congress, with the first such report to be due on September 1, 1986. Directs the NSF, when conducting such surveys and reporting to the Congress, to also collect and assess data on the implementation of the university research laboratory modernization programs being carried out under this Act. Sets forth provisions for the funding for the university research laboratory modernization program in NSF. (Note: The following provisions are similar to those for such program funding in the other "major Federal research and development agencies" which are set forth in titles II, III, IV, V, and VI of this Act.) Authorizes appropriations for FY 1987 to NSF to implement and carry out the new university research laboratory modernization program. Requires that a specified minimum amount (equal to a portion, as determined by certain formulas, of the total amount which is appropriated to NSF for FY 1988 through 1996 and which is available for obligation by NSF for research and development awards to universities and colleges) be reserved for purposes of this Act and used only to carry out NSF's university research modernization program. Permits such funds to be used for such program either as a part of awards made to universities and colleges involved for activities carried out under the authority of other laws or through separate awards made for purposes of this Act. Requires that such funds be used only on the basis of proposals submitted by such universities and colleges. Requires that a specified minimum portion of such funds be available only for awards to universities and colleges that received less than $10,000,000 in total Federal obligations for research and development in each of the two preceding years. Title II: Funding for the University Research Laboratory Modernization Program in the Department of Health and Human Services - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Health and Human Services. (Note: These provisions are similar to the program funding provisions under title I.) Title III: Funding for the University Research Laboratory Modernization Program in the Department of Defense - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Defense. (Note: These provisions are similar to the program funding provisions under title I.) Title IV: Funding for the University Research Laboratory Modernization Program in the Department of Energy - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Energy. (Note: These provisions are similar to the program funding provisions under title I.) Title V: Funding for the University Research Laboratory Modernization Program in the National Aeronautics and Space Administration - Sets forth provisions for the funding for the university research laboratory modernization program in the National Aeronautics and Space Administration. (Note: these provisions are similar to the program funding provisions under title I.) Title VI; Funding for the University Research Laboratory Modernization Program in the Department of Agriculture - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Agriculture. (Note: these provisions are similar to the program funding provision under title I.)
United States · United States Congress · 20 June 1985
Amends title XVIII (Medicare) of the Social Security Act to require a skilled nursing facility, the U.S. Soldiers' and Airmen's Home, or the Naval Home, with respect to the personal funds of individuals in such institutions which are held by such institutions, to: (1) provide for a security bond; and (2) conduct itself in accordance with the accountability monitoring system of title XVI (Supplemental Security Income) of such Act.
United States · United States Congress · 20 June 1985
Amends title XIX (Medicaid) of the Social Security Act to: (1) require a State's Medicaid fraud control unit to investigate and prosecute violations stemming from the abuse and neglect of patients in Medicaid funded health care facilities; and (2) provide increased funding for such units with respect to activities relating to the elimination of such fraud and abuse.
United States · United States Congress · 18 June 1985
Child Abuse Reporting and Clearinghouse Improvements Act of 1985 - Amends the Public Health Service Act to clarify the intent of certain confidentiality provisions to provide that such provisions do not supersede any State or local reporting requirements of suspected child abuse. Modifies the classification system used by the Identification Division of the Federal Bureau of Investigation to include a category for statistics for offenses involving child abuse (including sexual abuse). Requires the Attorney General to report to the Congress within 90 days on whether such modification has been made, or, if not, when it will be made. Amends the Child Abuse Prevention and Treatment Act to require the National Center on Child Abuse and Neglect in coordination with the Department of Justice to compile, analyze, publish, and disseminate to each State information on effective programs in the prosecution of child sexual abuse cases. Directs the Center to develop model training materials for law enforcement, legal, judicial, and child welfare personnel to deal with child sexual abuse victims and to support research projects to identify improvements in the investigation and prosecution of child sexual abuse cases.
United States · United States Congress · 18 June 1985
Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance to support small-scale agricultural projects in Africa, technical assistance for such projects, and research on such projects. Directs the President to place special emphasis on grants to international and African non-governmental organizations and to U.S. private and voluntary organizations for such projects. Requires the Director of the Administrator of the Agency for International Development (AID) and the Director of the Peace Corps to: (1) assess the opportunities for their agencies to support such projects in Africa; and (2) place a high priority on providing such support. Sets forth requirements for the use of funds made available for such projects. Requires the annual report to the Congress on foreign aid programs to include a report on the implementation of this Act. Directs the Administrator of AID to study and report to the Congress within five years of enactment of this Act on the projects funded pursuant to this Act and their effectiveness in preventing famine. Authorizes appropriations for FY 1986 to carry out this Act.
United States · United States Congress · 18 June 1985
Fairness for Adopting Families Act - Amends the Internal Revenue Code to limit the amount of the income tax deduction for the legal adoption of a child by a taxpayer to not exceed $5,000 ($7,000 in the case of an international adoption). Reduces the amount of the deduction for taxpayers whose taxable income exceeds $60,000. Expands such deduction to include all reasonable and necessary expenses which are directly related to a legal adoption of a child (current law restricts expenses to those incurred in the adoption of a child with special needs), if such adoption has been arranged by a State or local agency, a nonprofit agency, or through a private placement which does not violate a Federal or State law. Disallows such deduction for expenses of adoption by an individual of a child who is a child of such individual's spouse. Disallows such deduction for expenses in connection with artificial insemination, embryo transplantation, in vitro fertilization, or surrogate parenthood. Disallows such deduction for expenses incurred for travel outside the United States, unless such travel is required as a condition of the child's adoption, to assess the health and status of the child, or to escort the child back to the United States. Excludes from an employee's gross income any amounts paid on his behalf by an employer pursuant to an adoption assistance program. Establishes dollar amount and income amount limitations on such exclusion.
United States · United States Congress · 13 June 1985
Narcoterrorism Information Rewards Act of 1985 - Authorizes the Attorney General to reward any individual who furnishes information leading to the arrest or conviction of any individual who killed or kidnapped, or conspired to do so, any U.S. officer or employee (or family member) on account of his or her official duty involving drug enforcement. Grants a reward to any individual who furnishes information leading to the prevention or frustration of such a kidnapping or killing. Authorizes the Attorney General to determine the amount of such reward. Allows the Attorney General to protect the identity of a recipient, if necessary. Authorizes appropriations.
United States · United States Congress · 13 June 1985
Expresses the sense of the Congress that procurement of the new U.S. weather radar system, NEXRAD, continue on schedule and according to the established minimum requirements agreed to by the National Weather Service, the Federal Aviation Administration, and the Department of Defense.
United States · United States Congress · 12 June 1985
Fair Insurance Coverage Act - Prohibits any insurer from discriminating in an insurance contract against any person because of blindness. Includes within the prohibition refusing to make or negotiate a contract for insurance or giving different treatment with respect to terms, conditions, rates, or benefits because of blindness. Establishes a preference for State actions prior to judicial enforcement under this Act. Authorizes any aggrieved person, in the absence of State actions or jurisdiction, to bring an action under this Act for individual relief. Authorizes the Attorney General of the United States to bring an action for injunctive relief whenever there is reasonable cause to believe a person is engaged in a pattern or practice of discrimination or when an individual is aggrieved and an issue of general public importance is raised. Grants the Federal district courts jurisdiction of such actions regardless of the amount in controversy. Allows a court to order monetary, equitable, or other appropriate relief, including punitive damages.
United States · United States Congress · 12 June 1985
Atomic Energy Accountability Act - Requires the Nuclear Regulatory Commission to hold any meeting in accordance with specified regulations. Requires the Commission to maintain a complete transcript (or other recording) to fully record the proceedings of any closed meeting.
United States · United States Congress · 12 June 1985
Directs the President to ensure that no agricultural commodities provided under the Agricultural Trade Development and Assistance Act of 1954 are transported on any vessel owned by South Africa or any citizen or national of South Africa or on any vessel registered under the flag of South Africa.
United States · United States Congress · 10 June 1985
Expresses the sense of the House of Representatives that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 6 June 1985
Plan Termination and Reversion Control Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) to revise provisions relating to terminations of single-employer plans and reversions to employers resulting from such terminations. Prohibits mergers and consolidations of pension plans and transfers of plan assets or liabilities if any act or failure to act in accomplishing the merger, consolidation, or transfer violates the fiduciary duty of the employer under specified provisions (which provide that the assets of a plan shall never inure to the benefit of any employer and shall be held for the exclusive purposes of providing benefits to plan participants and their beneficiaries and defraying reasonable administrative expenses of the plan). Sets forth provisions for fiduciary responsibility: (1) for meeting specified requirements relating to distribution of residual assets upon termination of a single-employer plan; and (2) in connection with related plans following single-employer plan terminations. Makes it unlawful for any individual who is a party in interest, as described under specified provisions, in connection with a single-employer plan to exert undue influence on or cause a material misrepresentation to a plan fiduciary, with the intent to initiate or facilitate a plan termination in order to entrench or otherwise protect the status of such individual. Authorizes the Pension Benefit Guaranty Corporation (the Corporation) to assess a civil penalty against any person who commits such a violation. Limits the maximum amount of such penalty to five percent of the amount of any distribution from the plan to the employer pursuant to specified provisions. Makes such person also personally liable to make good to any aggrieved participant or beneficiary their losses resulting from such violation. Makes liability for any such violation joint and several. Authorizes the Corporation to seek: (1) injunctions against any act or practice constituting such a violation; or (2) other appropriate equitable relief to redress such violations or to enforce such requirements. Places limitations on distributions of residual assets to employers after single-employer plan terminations. Provides that those residual assets of the plan which are attributable to employee contributions shall be equitably distributed to the employees who made such contributions (or their beneficiaries) in accordance with their rate of contributions, in a specified manner. Provides that the remaining residual assets be available for distribution as follows: (1) 50 percent to participants and beneficiaries as compensation for unpaid constructive cost-of-living increases; and (2) 50 percent to participants who are within five years of normal retirement age under the plan. Provides for adjustments to the amounts of residual assets distributable to participants and beneficiaries through: (1) proration of available assets; (2) reallocation of excess available assets; and (3) adjustment to ensure equitable distribution. Provides that, only after all of the above requirements for distribution of residual assets to participants and beneficiaries have been met, any remaining residual assets shall be distributed to the employer if: (1) such distribution does not contravene any applicable Federal or State law; and (2) the plan has, since its establishment, provided explicitly for such a distribution in these circumstances. Gives plans in effect on the date of enactment of this Act 60 days after such date to contain such an explicit provision. Requires such plans to notify in writing each employee or retiree who qualifies as an interested party of the proposed plan amendment incorporating such provision at least 30 days before its adoption. Sets forth a special rule for distributions to employers in cases of transfers of coverage to other plans. Requires that any other residual assets of the plan, which remain after the above requirements for distribution to participants and beneficiaries are met and which are not distributable to employers because of the above requirements, be distributed to participants and beneficiaries in a specified manner. Directs the Corporation to issue regulations for such distributions of residual assets, including provision of consideration of administrative costs to the plan. Authorizes the Corporation to waive any such requirements, individually or by class, upon its determination that such administrative costs reader the distribution impracticable. Provides for increased availability to employers of residual assets upon certification of business necessity. Provides that a plan termination is a business necessity if it meets the requirements of: (1) a special rule for certain terminations incident to the sale of a business for fair value to an unrelated party; or (2) certain distress requirements. Provides that such distress requirements are met if the plan termination meets the conditions set forth in at least one of the following categories: (1) recent funding waivers; (2) liquidation in bankruptcy proceedings; (3) inability to pay debts and continue in business; and (4) unreasonably burdensome pension costs caused by a declining workforce (but not in the case of substantial layoffs). Precludes a business necessity determination: (1) where the primary purpose is to finance corporate take-overs; or (2) in the case of recently established plans, i.e. plans which have not completed five years. Revises ERISA provisions relating to the termination of single-employer plans to require 60 days' advance written notice to the plan participants and their beneficiaries before the plan administrator files a notice with the Corporation that the plan is to be terminated on a proposed date. Revises IRC provisions relating to plan qualification to set forth a five-year disqualification rule for replacement plans where plan termination is not a business necessity. Makes exceptions to such rule for derivative or successor plans which meet certain conditions. Places various limitations on the availability, after various types of employer reversions (i.e. employer acceptance of residual assets of a terminated plan pursuant to various requirements of this Act), of: (1) funding waivers for replacement plans; and (2) extensions of amortization periods for comparable plans. Requires faster funding for replacement plans after employer reversions. Provides that an alternative minimum funding standard is not available while such plans are subject to such faster funding requirement. Revises IRC provisions (relating to excise taxes in connection with qualified pension, etc., plans) to add an excise tax on reversions to employers upon termination of single-employer plans. Requires the employer to pay such tax in the amount of ten percent of the fair market value of the residual assets so distributed to the employer. Revises ERISA requirements relating to employer securities acquired or held by plans. Provides that, by specified dates and under certain conditions, a plan may not hold: (1) any employer security which is not qualifying employer stock; or (2) any qualifying employer stock to the extent that the aggregate fair market value of employer securities held by the plan exceeds five percent (currently ten percent) of the plan's assets. Provides for regulations requiring plans to divest themselves of 50 percent of their holdings of employer securities and employer real property by a specified deadline (in order to comply with the five percent limitation). Defines "qualifying employer stock" as an employer security which: (1) is stock in the employer; (2) does not constitute, and is not acquired subject to, any bond, debenture, note, or certificate or other evidence of indebtedness; and (3) is not subject to any restriction on marketability or voting power applicable by reason of its acquisition by a plan. Directs the Joint Board for the Enrollment of Actuaries to conduct a study of the reasonable actuarial assumptions and methods, for each of the various types of pension plans, which are appropriate for use by enrolled actuaries and others under ERISA and IRC in determining the actuarial status and funding requirements of such plans. Requires the Joint Board, within two years after enactment of this Act, to: (1) complete such study and report, with recommendations, to specified congressional committees; and (2) prescribe by regulation appropriate procedures for determining, for each type of plan, such appropriate actuarial assumptions and methods; and (3) determine such actuarial assumptions and methods for each type of pension plan in accordance with such procedures and publish such assumptions and methods in the Federal Register. Authorizes the Joint Board to: (1) revise by regulation the prescribed procedures; and (2) publish revised reasonable actuarial assumptions and methods for each type of plan. Requires the termination of enrollment of enrolled actuaries if they fail to use such prescribed assumptions and methods. Set forth requirements relating to the voting rights of participants in employee stock ownership plans (ESOPs) to which assets are transferred upon plan termination, under IRC tax qualification requirements and under ERISA transaction rules applicable irrespective of tax qualification status. Allows such transfer of assets only if: (1) the transfer is approved in advance in writing by a majority of the participants in the terminated plan; (2) the assets allocated to each participant are immediately deposited to an account under the ESOP for such participant; and (3) the voting ratio under the ESOP of each participant is not less than the participant's asset ratio under the plan. Makes the amendments made by this Act applicable (except as otherwise provided in this Act) to pension plan terminations with respect to which notices are filed with the Corporation, pursuant to specified ERISA provisions, on or after January 1, 1984. Treats any such notice filed before the date of the enactment of this Act as filed on such date for purposes of specified amendments made by this Act.
![Official portrait of Rep. Mrazek, Robert J. [D-NY-3]](https://www.congress.gov/img/member/m001057_200.jpg)