United States · United States Congress · 10 December 1985
Requires that the economic assumptions pertaining to inflation that are used for major weapon system programs of the Department of Defense included in the annual budget transmitted by the President to the Congress be the same as those used for all other programs, projects, and activities included in such budget.
United States · United States Congress · 10 December 1985
Expresses the sense of the Congress that the President should take measures to encourage the Government of Indonesia to: (1) allow and maintain access into East Timor for humanitarian organizations, journalists, church delegations, and human rights groups; (2) guarantee freedom of expression for the Roman Catholic Church in East Timor; (3) allow an impartial international examination of population limitation measures and the conditions that exist in areas where East Timorese have been resettled by Indonesian authorities; (4) allow qualified international observers to be present at the trials of East Timorese political prisoners; and (5) work with the U.S. and Portuguese governments to develop peace initiatives for East Timor.
United States · United States Congress · 2 December 1985
National Conference on Cities and Towns Act - Directs the President to conduct a National Conference on Cities and Towns not earlier than December 1, 1986, and not later than December 1, 1987. Sets forth the purposes of such Conference concerning: (1) relations between cities and towns and the Federal system; and (2) present and future problems facing cities and towns. Encourages each State Governor to conduct a State-level conference to prepare for the National Conference. Sets forth the method of selecting delegates to such Conference. Requires all departments, agencies, and instrumentalities to provide assistance as necessary to facilitate the planning of the Conference. Requires the Secretary of Housing and Urban Development to provide assistance as necessary for the organization and conduct of State conferences. Authorizes the Secretary to enter into contracts to carry out the purposes of this Act. Requires the Directors of the Congressional Research Service and the Congressional Budget Office to provide background materials for the use of participants in the National Conference and State conferences. Prohibits the use of funds under this Act to reimburse the expenses of participants to the National Conference. Authorizes the President to appoint an executive director and other directors and personnel as necessary for the Conference. Authorizes the detailing of Federal and military personnel in planning and administering such Conference. Requires a final report of findings and recommendations to the President and the Congress within six months after the date the Conference is convened. Requires that such report be distributed to delegates, alternates, and State Governors and be available for sale to the public. Authorizes appropriations.
United States · United States Congress · 20 November 1985
Designates May 25, 1986, as Hands Across America Day. Authorizes and requests the President to commend: (1) United Support of Artists for Africa for their Hands Across America project; and (2) the American people for their commitment to helping people help themselves.
United States · United States Congress · 19 November 1985
Small Contribution Tax Credit Reform Act of 1985 - Amends the the Internal Revenue Code to repeal the income tax credit for contributions to presidential, state, and local candidates, political action committees, and newsletter fund contributions. Allows an income tax credit for congressional candidate contributions. Limits the amount of such credit to $100 for a taxable year ($200 in the case of a joint return).
United States · United States Congress · 13 November 1985
Establishes a field sanitation occupational health and safety standard with respect to agricultural employees engaged in hand-labor operations in the field. Provides that such standard shall be deemed to be an occupational health and safety standard promulgated, enforceable, and subject to penalties for violations under specified provisions of the Occupational Safety and Health Act (OSHA). Prohibits modification, revocation, or challenge of such standard under specified provisions of OSHA. Provides that this Act shall not preempt any State occupational health and safety standard, or any provision thereof, which is more effective in providing sanitized potable drinking water and toilet and handwashing facilities for agricultural employees than the standard established under this Act. Specifies that such more effective State standards need not encompass other standards. Provides that, should there be any statutory restrictions on OSHA's ability to regulate certain agricultural employers, the States are not preempted from developing and enforcing field sanitation standards to apply to such employers.
United States · United States Congress · 12 November 1985
Foreign Agents Compulsory Ethics in Trade Act of 1985 - Prohibits former high-level Federal civilian officers or employees or high-ranking officers of the uniformed services from representing or advising foreign principals during the ten-year period beginning on the last day of such a person's Federal employment or service. Authorizes the Secretary of State and the Secretary of Commerce to jointly determine a longer prohibitive period in the interest of national security. Establishes criminal penalties for violations of this Act. Defines and lists employee positions to which this Act applies.
United States · United States Congress · 8 November 1985
Expresses the sense of the House of Representatives that interstate natural gas pipelines should transport natural gas for any person, including residential and commercial users, and should do so on a nondiscriminatory basis.
United States · United States Congress · 6 November 1985
Amends the Outer Continental Shelf Lands Act to deem all vessels operating on the Outer Continental Shelf in support of resources exploration or development as within the jurisdiction and laws of the United States. Provides that any artificial islands, installations, vessels, or other devices on the Outer Continental Shelf may receive supplies or cargo only from U.S. ports. Excepts four named vessels from the provisions of this Act until after December 31, 1986.
United States · United States Congress · 31 October 1985
Civil Service Supplemental Retirement System Act of 1985 - Title I: Civil Service Supplemental Retirement System - Establishes a Civil Service Supplemental Retirement Plan for Federal employees, postal employees, and Members of Congress who began service after December 31, 1983. Sets forth provisions for the benefit plan including: (1) eligibility for an annuity after five years of creditable service; (2) entitlements to retirement based on age and years of service; (3) the formulas for computing an annuity; (4) survivor election reductions; and (5) funding. Sets forth provisions for mandatory retirement for air traffic controllers, law enforcement officers, and firefighters. Establishes a Thrift Savings Plan under which participants may contribute up to 10 percent of their annual basic pay. Requires employing agencies to contribute the lesser of: (1) 50 percent of amounts contributed by the employee; or (2) three percent of such employee's basic pay. Provides for the payment of benefits, lump sum or annuity, at the employee's separation from service. Establishes in the Treasury the Thrift Savings Fund for the deposit and accounting of amounts under the Plan. Prescribes how money in such Fund shall be invested. Describes survivor annuities under the supplemental retirement plan. Describes disability benefits for employees who have completed five years of creditable service. Sets forth general and administrative provisions. Directs the Office of Personnel Management to pay all benefits payable under the benefit plan and administer provisions not specifically assigned to another entity. Directs the Office to adjudicate all claims under provisions it administers. Provides for annual cost-of-living adjustments in basic pensions based upon an increase in the Consumer Price Index. Provides for withholding of State income taxes from retirement annuities. Declares that basic annuities, survivor annuities, and disability benefits are exempt from legal process (i.e. levy, attachment, garnishment) unless otherwise provided by Federal law. Establishes in the executive branch the Federal Retirement Thrift Investment Board to be responsible for policies and regulations for, and review of, the investment and management of the Thrift Savings Fund. Directs the Board to establish an Employee Thrift Advisory Council to advise the Board on matters relating to investment policies for the Fund. Directs the Board to appoint an Executive Director to carry out its policies, invest and manage the fund, and administer provisions of the Thrift Savings Plan. Title II: Amendments to Chapter 83 of Title 5, United States Code - Provides for civil service retirement for certain employees excluded from the supplemental retirement plan. Title III: Miscellaneous Provisions - Amends the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 to extend its provisions until January 1, 1987. Allows employees covered under such Act to elect participation in the supplemental retirement plan. Title IV: Effective Dates - Declares this Act in effect on January 1, 1987, with specified exceptions.
United States · United States Congress · 30 October 1985
Equitable Automobile Transportation Act of 1985 - Requires a person exporting Japanese motor vehicles to be imported into the United States to: (1) transport an equal number of such vehicles on U.S. - documented vessels as are transported on Japanese vessels; and (2) file an annual certification with the Department of the Treasury which contains specified assurances and information. Directs the Secretary of the Treasury to prescribe regulations to enforce this Act. Provides penalties for the violation of this Act.
United States · United States Congress · 30 October 1985
Designates 1986 as Save for the U.S.A. Year. Requests the President to initiate a nationwide campaign, to be known as the Buy Back America campaign, to encourage the people of the United States to buy U.S. savings bonds and certificates and thereby reduce borrowings from foreign sources. Requires the Secretary of the Treasury to enhance the marketability of such bonds and certificates.
United States · United States Congress · 28 October 1985
Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to revise the method of determining the inpatient hospital deductible, extended care services coinsurance amount, and monthly premium. Amends the Internal Revenue Code to impose an additional excise tax on cigarettes. Deposits revenues raised by the additional tax into the Federal Hospital Insurance Trust Fund.
United States · United States Congress · 24 October 1985
Expresses the sense of the Senate 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 · 10 October 1985
States that a person shall be considered an American national if such person completes 15 years of lawful continuous residence in the United States or American Samoa, and one of his or her parents was a national of the United States and a resident of the United States or American Samoa at the time of that person's birth.
United States · United States Congress · 9 October 1985
Regional Presidential Primary and Caucus Act of 1985 - Declares that delegates to national conventions for the nomination of presidential and vice presidential candidates shall be selected by primary election or by caucus, as provided by State law. Staggers the times of regional primary elections and caucuses beginning with the first Tuesday in February of a presidential election year and at the end of each of the next four-week intervals. Provides for two non-contiguous regions to conduct primaries or caucuses at the same time. Establishes ten regions comprised of entire States. Authorizes appropriations for the costs of presidential primary elections.
United States · United States Congress · 9 October 1985
Fair Labor Standards Amendments of 1985 - Amends the Fair Labor Standards Act of 1938 to allow State, local, or interstate governmental agencies to provide compensatory time in lieu of overtime compensation. Requires that such compensatory time be one and one-half hours for each hour of employment for which overtime compensation is required. Allows such compensatory time only if it is a collective bargaining agreement, memorandum of understanding or other agreement or understanding entered into by the public agency and its employees or their recognized representatives before the work for which the compensatory time is to be provided. Limits the amount of such compensatory time which public employees may accrue to 180 hours, or 480 hours in the case of work which included a public safety activity, an emergency response activity, or a seasonal activity. Requires that public employees who have accrued such compensatory time and requested its use be permitted to use it within a reasonable period after making such request if its use does not unduly disrupt the operations of the public agency. Requires that, upon termination of employment, a public employee who has accrued such compensatory time be paid for unused compensatory time at a rate not less than the average rate received by such employee during the last three years of the employees' employment. Provides that, if a public agency had in effect on April 15, 1986, a pattern or practice of providing its employees compensatory time off in lieu of overtime compensation, that pattern or practice shall constitute an agreement or understanding which meets specified requirements. Provides that a collective bargaining agreement in effect on April 15, 1986, which permits overtime compensation in the form of compensatory time off at a rate of less than one and one-half hours for each hour of employment for which overtime compensation is required shall remain in effect until its expiration date unless otherwise modified, except that compensatory time shall be provided after April 14, 1986, at the one and one-half hour rate. Provides that States, local governments, and interstate governmental agencies shall not be liable for specified overtime and related paperwork violations which occur before April 15, 1986, with respect to employees who would not have been covered under the Secretary of Labor's special enforcement policy in effect on January 1, 1985. Permits States, local governments, or interstate governmental agencies to defer until August 1, 1986, the payment of overtime compensation for hours of employment after April 14, 1986. Adds provisions relating to special detail work for fire protection and law enforcement (including prison security) employees of State, local, or intergovernmental agencies. Provides that those hours on special detail work for a separate or independent employer shall be excluded by the public agency in the calculation of overtime compensation, if the employee agrees, solely at the employee's option, to perform such special detail work. Provides that an employee's hours of part-time employment with a public agency in a substantially different capacity from the employee's regular full-time employment with such agency shall be excluded from the calculation of overtime compensation, if such part-time employment is undertaken on an occasional and sporadic basis and solely at the employee's option. Directs the Secretary of Labor to issue, by March 15, 1986, regulations: (1) defining when employment is done on an occasional or sporadic basis; and (2) prescribing a standard for determining if employment is in a substantially different capacity than other employment. Permits employees of States, local governments, and interstate governmental agencies to volunteer to perform services for any other such agency, including one with which the employing agency has a mutual aid agreement. Adds provisions relating to substitution work by and for fire protection and law enforcement (including prison security) employees of State, local, and intergovernmental agencies. Provides that those hours of substitution during scheduled work hours for a fellow employee shall be excluded by the public agency in the calculation of the substituting employee's overtime compensation, if such employee agrees to perform such substitute work with the public agency's approval and solely at the employee's option. Provides that the employer may not be required to keep a record of the hours of such substitute work under certain overtime recordkeeping requirements. Revises the definition of "employee" to exclude any volunteer for a State, local, or interstate governmental agency who volunteers to perform such services without compensation or for a nominal fee, expenses, or reasonable benefits or for any combination of such fee, expenses, or benefits. Provides that employees of such agencies shall still be considered employees if they volunteer to perform the same type of service for those agencies for which they are employed. Directs the Secretary of Labor to issue, by March 15, 1986, regulations to define nominal fees and reasonable benefits. Provides that, if before April 15, 1986, a public agency's practice was to treat certain persons as volunteers then such persons shall be considered volunteers and not employees until April 15, 1986. Provides that no State, local government, or interstate governmental agency shall be liable for a violation of minimum wage requirements occurring before April 15, 1986, with respect to services performed for the public agency by any individual who performed such services as a volunteer. Revises the definition of "employee" to exclude from coverage under the Act State and local legislative employees who are not legislative library employees. Makes the amendments made by this Act effective on April 15, 1986, but authorizes the Secretary of Labor to promulgate before such date regulations to implement such amendments. Prohibits construing such amendments as affecting whether a State, local government, or interstate governmental agency is liable under penalty provisions of the Act for violations of minimum wage, overtime, or paperwork requirements occurring before April 15, 1986, with respect to any employee who would have been covered by by the Act under the Secretary of Labor's special enforcement policy in effect on January 1, 1985. Requires that a State, local government, or interstate governmental agency be held to have violated specified provisions if it discriminates or has discriminated against an employee with respect to wages or other terms or conditions of employment because on or after February 19, 1985, the employee asserted coverage under overtime provisions.
United States · United States Congress · 8 October 1985
Amends the copyright law to prohibit a copyright holder from conveying the right to publicly perform an audiovisual work on non-network commercial television without simultaneously conveying the right to perform in synchronization any copyrighted music which accompanies such work.
United States · United States Congress · 8 October 1985
Establishes the United States Commission on Improving the Effectiveness of the United Nations to examine and evaluate the strengths and weaknesses of the United Nations and to submit to the President recommendations on ways to improve its effectiveness and the role of the United States in such organization. Sets forth specified items which the Commission should focus on in carrying out its duties. Requires the Commission to transmit to the President and to the Congress a report containing a detailed statement of its findings, conclusions, and recommendations. Authorizes appropriations and private contributions for the Commission. Terminates the Commission 60 days after the submission of its report.
United States · United States Congress · 7 October 1985
Declares that the Congress deplores the President's notification to the U.N. Secretary General that the United States is withdrawing from the compulsory jurisdiction of the International Court of Justice, and reaffirms its support for the international rule of law and the role of the Court.
United States · United States Congress · 3 October 1985
Comprehensive Smokeless Tobacco Health Risk Education Act - Directs the Secretary of Health and Human Services to develop educational programs and materials and public service announcements on the dangers to human health from the use of smokeless tobacco and to make such programs, materials, and announcements available to States, local governments, and school systems. Permits the Secretary to make grants to States to assist in the development and distribution of educational programs, materials, and public service announcements on the dangers to human health from the use of smokeless tobacco and to establish 21 as the minimum age for purchasing smokeless tobacco. Requires specified warning labels on all smokeless tobacco products and advertisements. Directs the Federal Trade Commission (FTC) to promulgate regulations to implement this Act. Imposes a ban on smokeless tobacco advertising on any medium of electronic communication subject to the jurisdiction of the Federal Communications Commission (FCC), effective January 11, 1986. Grants district courts of the United States jurisdiction and injunctive powers to prevent and restrain violations of this Act. Directs the FTC to report to the Congress annually on the use and health effects of smokeless tobacco products. Directs the FCC to report to the Congress annually on the sales and advertising and marketing practices associated with smokeless tobacco products.
United States · United States Congress · 1 October 1985
Social Security Budget and Administrative Reorganization Act of 1985 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a Commissioner of Social Security; (2) a Deputy Commissioner of Social Security; (3) a General Counsel; (4) an Inspector General; and (5) an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interests of beneficiaries under the Old Age, Survivors and Disability Insurance program and the Supplemental Security Income Program within the Administration. Requires the annual report of the Board to include a description of the activities of the Beneficiary Ombudsman. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan as established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board and the Director of the Office of Personnel Management to implement demonstration projects relating to personnel matters. Directs the Board and the Administrator of General Services to implement such projects relating to delegations from the Administrator. Specifies the authorities which are to be delegated to the Board from the Administrator and the Director. Requires the Comptroller General to report to specified congressional committees concerning such projects, including an evaluation of the Board's readiness to assume full and permanent authority. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Provides for the transfer to the Administration of all functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Sets forth effective date and transitional rule provisions. Title II: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs which he or she administers. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors, and Disability Insurance program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the Old-Age, Survivors and Disability Insurance program and the Medicare program and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each Trust Fund. Sets forth the effective dates of this title. Title III: Budgetary Treatment of Old-Age, Survivors, and Disability Insurance Program - Provides for off-budget treatment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund beginning with FY 1987.
United States · United States Congress · 1 October 1985
Amends the Steel Import Stabilization Act to require the Secretary of Commerce to find out how many non-covered steel products were imported from each country during the four calendar quarters preceding October 1, 1984. Defines non-covered steel products as steel products exported to the United States from a country which on September 30, 1985, is not a party to a bilateral arrangement covering steel products. Directs the Secretary of the Treasury, upon request from the Secretary of Commerce, to ensure that the quarterly tonnage of each non-covered steel product imported from a foreign country does not exceed 70 percent of the average quarterly tonnage of each such non-covered steel product from that country during the four calendar quarters immediately preceding October 1, 1984. Requires the Secretary of Commerce to make such request whenever the Secretary determines that such imports from a foreign country exceed that 70 percent level.
United States · United States Congress · 26 September 1985
Simultaneous Nuclear Test-Ban Act - Expresses the sense of the Congress that the President, before January 1, 1986, should declare that the United States will stop testing nuclear warheads and will invite the Soviet Union to meet with the United States to enter into negotiations for the conclusion of a Comprehensive Test Ban Treaty at the earliest possible date. Declares that the United States should continue the cessation of the testing of nuclear warheads so long as the Soviet Union refrains from the testing of nuclear warheads and substantive Comprehensive Test Ban Treaty negotiations are in progress. Expresses the sense of the Congress that during such cessation the President should seek resumption of the comprehensive test ban talks between the United States, Great Britain, and the Soviet Union. Prohibits the United States from obligating or spending any money for testing nuclear warheads during the six-month period beginning on January 1, 1986, if the President does not declare such a cessation of nuclear testing. Authorizes such spending if the President certifies to the Congress that the Soviet Union on or after January 1, 1986, tested a nuclear warhead. Requires the President to include in any such certification: (1) an unclassified report summarizing the basis for the certification; and (2) a classified report describing the Soviet activities that are the basis for the certification. Requires the President to report annually to the Congress on: (1) the progress in nuclear arms control negotiations with the Soviet Union; and (2) whether the President believes that continuation of the cessation of nuclear testing is in the U.S. national security interest.
United States · United States Congress · 26 September 1985
Lottery Advertising Clarification Act of 1985 - Amends the Federal criminal code and Postal Service provisions to include advertisements on gift enterprises, schemes offering prizes dependent upon lot or chance, and price lists as authorized State lottery information. Includes as a punishable offense the unauthorized television broadcasting (currently, only radio broadcasting) of lottery information.
United States · United States Congress · 26 September 1985
Establishes the Motor Carrier Administration in the Department of Transportation, to be headed by an Administrator appointed by the President who shall report directly to the Secretary of Transportation. Creates the position of Deputy Administrator to be appointed by the Secretary. Confers upon the Administrator duties and powers related to motor carriers and motor carrier safety under specified law. States that a decision of the Administrator implementing duties involving notice and hearing requirements is administratively final.
United States · United States Congress · 26 September 1985
National Adoption Information Clearinghouse Act of 1985 - Amends title X (Population Research and Voluntary Family Planning Programs) of the Public Health Service Act to direct the Secretary of Health and Human Services to establish a National Adoption Information Clearinghouse to: (1) collect and synthesize data and information concerning all aspects of infant adoption and adoption of children with special needs; (2) compile, maintain, and revise directories of information; and (3) disseminate information regarding adoption.
United States · United States Congress · 19 September 1985
Superfund Expansion and Protection Act of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)(Superfund) to include among hazardous substances subject to such Act any petroleum released from an underground storage tank. Includes community relocation and business and employment protection costs within removal costs. Includes pollutants and contaminants under Superfund, defining them as any substance which after release into the environment causes disease or abnormalities upon exposure or assimilation, either directly or through the food chain. Excludes petroleum and natural gas, except as otherwise indicated under such Act. Redefines "release" to include the abandonment of containers containing hazardous substances or pollutants or contaminants. Directs the Administrator of the Environmental Protection Agency to establish reportable quantities for all noncarcinogenic hazardous substances within six months of this Act's enactment and for all other hazardous substances by October 1, 1986. Increases criminal penalties for failure to notify the Government of a hazardous substance release. Requires the Administrator to consider long-range effects when evaluating the cost-effectiveness of offsite remedial actions. Authorizes the Administrator to undertake any response action when faced with a release or threatened release of a hazardous substance unless the Administrator determines the responsible party will take appropriate action. Requires the Administrator to assess the health effects associated with such release or potential release. Directs the Administrator to publish a cleanup schedule, granting priority to releases affecting principal drinking water sources, for releases or threatened releases for which no cleanup agreement with responsible parties has been reached. Requires a State to pay at least 50 percent of the cleanup costs only if the State both owned and operated the polluting facility. Credits States with cleanup costs already dispersed as specified. Requires the Administrator to choose remedial actions which are: (1) consistent with the National Contingency Plan (NCP); (2) cost-effective; and (3) permanent whenever possible. Places facilities for which no permanent solution is technologically feasible on an interim National Priorities List (NPL), such list to be reviewed every five years to determine if a permanent solution has become feasible. Eliminates the requirement that pollutant levels be such as to protect human welfare, leaving the requirement that such levels protect human health and the environment. Requires pollutant levels to comply with the other Federal standards applicable. Specifies under what conditions removal actions must comply with the requirements of the Solid Waste Disposal Act. Entitles Federal and State environmental officials to access to the information and premises of any person who generates, treats, or disposes of hazardous substances for purposes of determining the need for a response action. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to prepare toxicological profiles on the most frequently found or threatening hazardous substances. Permits individuals to petition the Administrator for a health effects study where hazardous substances have been removed if warranted by a preliminary assessment. Entitles the public to participate in the selection of a plan for remedial action. Authorizes the Administrator to provide grants for technical assistance to groups which may be affected by a release from a facility on the NPL. Establishes a schedule for the commencement of remedial investigations and feasibility studies for all facilities on the NPL. Provides for the listing of additional facilities at regular intervals. Requires the commencement of remedial actions starting at the rate of 200 facilities per year within three years of enactment. Requires the Administrator to complete preliminary assessments of all facilities on the Emergency and Remedial Response Information System list by the start of 1987. Requires completion of remedial action for facilities currently on the NPL within five years or an explanation of nonperformance. Requires the Administrator to revise the NCP, consistent with these provisions. Permits an individual to petition the Administrator for a preliminary assessment of a release. Includes damage to the food chain and the ambient air among the factors determining a facility or site ranking under the NCP. Makes abatement action decisions nonreviewable. Prohibits subsequent storage or treatment of hazardous waste at a facility where an abatement action has been taken involving the relocation of individuals, a specified density of population, and other factors. Includes additional Federal cleanup or abatement activities for which a responsible party would be liable. Makes liability strict, joint, and several under this Act for damages and costs resulting from the release and cleanup of hazardous substances. Exempts State and local officials from liability for nonnegligent emergency response actions. Requires each Federal agency which may be a defendant under this Act to provide its own counsel rather than the Attorney General. Entitles a defendant to prove damages are divisible and to seek contribution. Sets forth authorized uses of Superfund, including emergency relief, health studies, toxicological profiles, and petition-prompted investigations. Earmarks funds for FY 1986 through 1990 for petroleum released from an underground storage tank. Requires an annual audit of the conduct of Superfund, including comparative reports of actions taken in earlier fiscal years. Establishes a statute of limitations of six years after the completion of the response action, regardless of the date of discovery of the loss. Permits a State to require contributions for response costs compensated under this Act. Requires each Federal agency and department to notify the Administrator, within six months of this Act's enactment, of any hazardous substance treated, stored, or disposed of at Federal facilities under its control. Requires such agencies and departments to make annual reports to the Administrator on all facilities not on the initial notice. Requires such initial notice to describe the location, nature, toxicity, contamination, response actions, and cleanup techniques for the hazardous substances. Directs the Administrator to establish a public Federal Agency Hazardous Waste Compliance Docket (Compliance Docket) to record each listed facility and subsequent actions taken. Requires preliminary assessment of each facility for possible evaluation under the NCP and inclusion on the NPL. Requires Federal agencies or departments responsible for facilities placed on the NPL to commence a remedial investigation and feasibility study for such facility and enter into an interagency agreement with the Administrator to conduct remedial action. Requires continuous, substantial onsite response within six months of the agreement. Requires that such agreements: (1) review alternative remedial actions and construction design selection by the Administrator; (2) schedule completion of remedial actions; and (3) arrange for long-term operation and maintenance of the facility. Requires completion of remedial actions within two years of the agreement to the extent practicable. Requires explanations of noncompletion to be included on the Compliance Docket and in the agency's or department's annual report to the Congress on its progress on reaching and implementing interagency agreements. Requires such annual report to also include cost information and public comments. Makes Federal facility cleanup actions ineligible for Superfund monies. Provides that the Administrator shall retain the authority to enforce this Act. Includes Federal facilities within CERCLA guidelines for preliminary assessments, NCP evaluations, and inclusion on the NPL. Permits the Administrator to bring an action under CERCLA against any Federal agency or department and prohibits the Attorney General from representing such agencies or departments in such actions. Authorizes a State to require a solid waste disposal facility to charge more for disposal or storage of out-of-State waste than the State of origin would have charged. Exempts response action contractors from liability for nonnegligent response activities. Permits the Administrator to enter into a consent agreement with a responsible party who will properly carryout cleanup activities. Authorizes $250,000,000 for each of FY 1986 through 1990 plus additional amounts as specified for the Hazardous Substance Response Trust Fund (Superfund). Title II: Miscellaneous Provisions - Permits citizen action lawsuits against any party, including the Government, involved with hazardous substances in such a way as may present an imminent and substantial danger to health or the environment or against the Administrator for failure to perform a required duty. Requires potential plaintiffs to give 60 days notice to the appropriate Federal and State officials as well as the alleged violator before commencing an action. Prohibits such action if the Administrator or the State has commenced and is prosecuting a court action already or a settlement has been reached. Permits intervention, as a matter of right. Prohibits citizen actions for the siting or issuance of permit to a hazardous waste disposal facility. Authorizes the Federal district court to award costs to any substantially prevailing party. Permits Federal intervention as a matter of right. Requires the Department of Transportation to promulgate regulations requiring shippers to notify transporters whenever hazardous substances are offered for transportation. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored. Title III: Community Right to Know and Emergency Planning - Amends the Toxic Substances Control Act by adding a new title II concerning communities' right-to-know and emergency planning. Requires each covered manufacturer or processor of a covered hazardous substance (potential release) to prepare and update a fact sheet for such substance for distribution to local police, fire, and health officials. Requires the fact sheet to include the name, physical properties of, and hazards posed by the substance, including potential routes of human exposure to such substance, symptoms of such exposure, and appropriate emergency and first aid procedures. Requires status sheets on the same basis as fact sheets, with each status sheet to include the maximum inventory and method of storage of the substance, the quantity of its emission into the environment, and the quantity and method for disposal. Requires the Administrator to establish a toll-free hotline for such information. Requires the releaser of a covered hazardous substance in an emergency situation to provide an emergency bulletin to the State and local police and other local officials. Requires the bulletin to identify the name and amount of the substance released and the response actions taken. Requires fact and status sheets and emergency bulletins to be made available for public inspection with public notice of such availability at the facility of the potential releaser. Requires the Administrator to publish a uniform format for fact and status sheets. Authorizes a State's governor to identify local officials to receive covered hazardous substance release information, with the Administrator doing so in the absence of the Governor's identification. Requires the potential releasers to maintain records of information required by this Act. Requires manufacturers or processors to transmit fact sheets to covered distributors or users upon shipping of a covered hazardous substance. Provides protection for trade secrets while continuing to make necessary information available to the appropriate persons. Excludes listed or possible carcinogens from such protection. Sets forth application and substantiation procedures for trade secret claims. Permits affected citizens or government officials to compel disclosure of nonsubstantiated trade secrets through the Federal courts. Authorizes the Administrator to grant exemptions from the basic notification requirements of this Act through specified procedures open to the public, based upon a cost-benefits analysis where there is no reasonable likelihood of harm. Directs each covered major manufacturer to develop within two years of enactment of this Act a comprehensive evacuation and emergency response plan which addresses the health and safety issues applicable to such manufacturer's particular situation. Requires the plan to include designations of the appropriate government officials to be notified, mitigation measures, evacuation routes, notification plans, and evaluation of community support services. Authorizes each governor to designate emergency response districts within 18 months of enactment of this Act or the Administrator will do so. Permits each governor to appoint an Emergency Response Committee per district or the Administrator will be treated as such Committee. Requires such Committees to review the manufacturers' plans, revising them where necessary. Directs the Administrator, within 18 months of enactment of this Act, to develop uniform national mandatory labeling requirements for pipes, storage tanks, or containers for any covered hazardous substance not otherwise required to be labeled. Requires the label to indicate the appropriate response to a release. Sets forth categories of substances to be considered covered hazardous substances and procedures for adding additional substances. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to compile and update a digest of all such substances. Exempts certain substances for this Act's purposes, based upon the form, amount, and other regulation of such substances. Establishes civil and criminal penalties, limiting criminal penalties to the knowing violation of emergency requirements. Authorizes citizens' suits to enforce this Act. Permits States to adopt more stringent right-to-know standards. Title IV: Internal Revenue Code Provisions - Amends the Internal Revenue Code to increase and extend through FY 1990 the environmental excise taxes sufficient to reach $1,770,000,000 per year. Title V: Federal Cause of Action - Entitles individuals injured by the disposal of a hazardous substance to recover damages from the responsible parties who will be held strictly, jointly, and severally liable. Entitles such individuals to compensation for expenses related to personal injury, economic injury, and limited pain and suffering. States that this Federal cause of action does not preempt State law regarding liability for damages in connection with any hazardous substance. Establishes a three year statute of limitations, running from the date of knowledge of the injury or the date of enactment of this Act. Prohibits dual recovery through workers' compensation or actions filed in a State court and this Act. Permits additional recovery against the source of the disposal for later manifested injuries.
United States · United States Congress · 18 September 1985
Amends the copyright law to alter the provisions concerning the limitation of exclusive rights concerning secondary transmissions. Permits the reception of signals by means of the direct reception of a free space radio wave. Permits secondary transmission by a cable system to the public of a primary transmission made by a licensed station if: (1) the cable system serves fewer than 2500 subscribers; or (2) the cable system is located within the local service area of the primary transmitter and the cable system has a maximum capacity of 12 stations; or (3) the cable system is located in whole or in part within the local service area of the primary transmitter and the cable system provides as minimal service all the signals of every broadcast television station within that area; or (4) the primary transmission is of a network television station and the cable system is not located in whole or in part within the local service area of an affiliate and the transmission is from the most proximate network television station affiliated with the same network. Prohibits changes in such transmissions, except as specified. Eliminates compulsory licensing for such transmissions. Amends the Communications Act of 1934 to prohibit the Federal Communications Commission from regulating secondary transmissions of programs originated by a broadcast station.
United States · United States Congress · 12 September 1985
Establishes a field sanitation occupational health and safety standard with respect to agricultural employees engaged in hand-labor operations in the field. Provides that such standard shall be deemed to be an occupational health and safety standard promulgated, enforceable, and subject to penalties for violations under specified provisions of the Occupational Health and Safety Act (OSHA). Prohibits modification, revocation, or challenge of such standard under specified provisions of OSHA. Provides that this Act shall not preempt any State occupational health and safety standard, or any provision thereof, which is more effective in providing sanitized potable drinking water and toilet and handwashing facilities for agricultural employees than the standard established under this Act.
United States · United States Congress · 11 September 1985
Gifted and Talented Children and Youth Education Act of 1985 - Establishes a Federal gifted and talented education (GTE) program to improve the capability of State and local education agencies (SEAs and LEAs) and private nonprofit schools to: (1) identify gifted and talented children and youth; and (2) provide those children and youth with appropriate educational opportunities. Directs the Secretary of Education from specified sums appropriated under this Act and after consultation with the advisory committee established by this Act to make grants to or contracts with SEAs, LEAs, institutions of higher education, or other public and private agencies to assist them in carrying out authorized GTE programs or projects, including personnel or supervisory training. Sets forth authorized GTE programs and projects, including: (1) preservice and inservice training (including fellowships) for GTE personnel (including leadership personnel); (2) model projects and exemplary programs for identification and education, including summer programs and cooperative programs involving business, industry, and education; (3) strengthening SEA and higher education institutions' capability to provide leadership and assistance to LEAs and nonprofit private schools in planning, operating, and improving such programs; (4) technical assistance and information dissemination; (5) research on methods and techniques for identifying and teaching gifted and talented children and youth; (6) conducting program evaluations and surveys; and (7) developing information and analysis. Establishes the National Center for Research and Development in the Education of Gifted and Talented Children and Youth (the National Center) through grants or contracts with one or more higher education institutions or SEAs, or a consortium or combination of such institutions and agencies, to carry out clauses (5), (6), and (7) of the preceding paragraph. Requires the Director of the National Center to carry out such National Center functions as may be agreed upon through arrangements with other higher education institutions, SEAs, LEAs, or other public or private agencies and organizations. Limits to 30 percent of the funds for authorized programs and projects that portion which may be used to conduct activities pursuant to provisions relating to the National Center and its research, evaluation, and information functions. Directs the Secretary and the advisory committee established by this Act, in administering this Act, to give highest priority to programs for: (1) identifying and educating gifted and talented children and youth who may not be identified through traditional assessment measures (such as the limited-English speaking, economically disadvantaged, handicapped, and women); and (2) developing or improving the capability of schools in an entire State or region of the Nation, through cooperative efforts and participation of SEAs, LEAs, higher education institutions, and other public and private agencies and organizations (including business, industry, and labor) to identify and educate gifted and talented children and youth. Sets forth provisions relating to participation of private school children and teachers in programs under this Act. Directs the Secretary to appoint an advisory committee on GTE, with members representative of State education agencies, teacher education institutions, researchers, teachers, and parents. Directs the Secretary to establish or designate an administrative unit within the Department of Education to: (1) administer the programs authorized by this Act; (2) coordinate all GTE programs that the Department administers; and (3) serve as a focal point for national leadership and information on the educational needs of gifted and talented children and youth and the availability of services and programs to meet those needs. Requires that such administrative unit be headed by a person of recognized professional qualifications and experience in GTE. Authorizes appropriations for FY 1987 through 1991.
![Official portrait of Rep. Oberstar, James L. [D-MN-8]](https://www.congress.gov/img/member/o000006_200.jpg)