United States · United States Congress · 7 March 1985
Water Quality Renewal Act of 1985 - Amends the Federal Water Pollution Control Act (the Act) (also known as the Clean Water Act) to authorize appropriations for FY 1983 through 1989 for: (1) specified research, investigation, and training programs in water pollution control; (2) State and interstate pollution control programs; (3) undergraduate programs in water quality control; (4) grants for developing waste treatment management plans for areas with substantial water quality control problems; (5) water pollution control programs in agricultural areas; (6) agreements among Government agencies providing for maximum use of existing programs for water quality control; (7) grants to States for lake pollution control; and (8) carrying out the Act generally. Increases the authorization for grants for construction of waste treatment works for FY 1984 and 1985. Authorizes appropriations for such grants for FY 1986 through 1989. Revises the timetable for compliance of all pollutants with effluent limitations. Extends the compliance date for all toxic pollutants referred to in a specified table of a congressional committee print (the priority toxic pollutants). Requires such compliance as expeditiously as possible, but in no case later than three years and six months after the date effluent limitations are established. Extends the compliance date for all other toxic pollutants which may be listed under specified provisions of the Act. Requires such compliance as expeditiously as possible, but in no case later than three years and six months after the date effluent limitations are established. Extends the compliance date for application of best conventional technology (for specified conventional pollutants) from July 1, 1984, to July 1, 1987. Extends the compliance date for application of best available technology for all other pollutants. Requires such compliance as expeditiously as possible, but no later than three years and six months after effluent limitations are established. Directs the Administrator of the Environmental Protection Agency to promulgate final regulations establishing effluent limitations for direct dischargers and limitations requiring pretreatment for all the priority toxic pollutants which are discharged from certain categories of point sources in accordance with a specified schedule. Requires the Administrator to publish in the Federal Register a list of all navigable waters in each State the water quality of which is being impaired by the discharge from specific sources of toxic pollutants. Directs the Administrator to establish an individual control strategy for each listed segment of navigable waters which shall reduce the discharge of toxic pollutants from such sources so as to allow the achievement of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water. Increases the civil penalties for violations of requirements with respect to water quality standards under the Act, but provides that States are not required by the Act to have civil penalties in the same monetary amount for such violations. Requires the Administrator to monitor, study, and report to the Congress on the effects of the impoundment and discharge of waters by dams upon the quality of navigable waters. Sets forth provisions for nonpoint source control implementation programs. Provides for State nonpoint source control reports, and plans and grants to States for implementation of such plans. Directs the Governor of each State to prepare and submit for the approval of the Administrator a report on: (1) those portions of the navigable waters within a State that, as a result of pollution from nonpoint sources in whole or in part, are not meeting applicable water quality standards or the goals and requirements of the Act; (2) those categories and subcategories of nonpoint sources which add significant pollutant loadings to each portion of such waters in amounts which contribute to nonattainment of such water quality standards for such goals and requirements; (3) State and local programs for controlling pollutant loadings added from nonpoint sources to such waters, including but not limited to programs receiving Federal assistance under this Act; and (4) the process, including intergovernmental coordination and public participation, for identifying best management practices and measures to control such categories and subcategories of nonpoint sources and to reduce, to the maximum extent practicable, the level of pollution resulting from such categories and subcategories. Requires that such reports and updates be based on available information. Permits such reports or updates to include all or part of an approved existing water quality management program. Directs the Governor of each State to prepare and submit for the approval of the Administrator: (1) a plan which the State proposes to implement in the four-fiscal-year period beginning after the date of submission of the report for controlling pollution added from nonpoint sources to navigable waters within the State and for improving the quality of such waters; and (2) a report identifying each Federal department, agency, or instrumentality which is likely to be engaging in, supporting, or providing financial assistance for any activity or program within the State during such four-fiscal-year period and which would be inconsistent with plan implementation, and recommending appropriate administrative modification of such program or activity. Requires that such plans specify the following State practices and measures during the four-fiscal-year period: (1) each portion of navigable waters and land area contributing to nonpoint source pollution which significantly affects portions of such waters; (2) the order of, and schedule for, such implementation; (3) the categories and subcategories of nonpoint sources of pollution; (4) the best management practices and measures; (5) the methods by which the State will encourage, assist, or require such implementation (by category and subcategory of pollution source); and (6) sources of Federal and other assistance other than that provided under this Act which will be available for support of such implementation and the purposes for which such assistance will be used. Requires that such plan be accompanied by a certification by the State attorney general or the head attorney of the State water pollution control agency that State laws provide adequate authority to carry out such programs or a list of any additional authority needed. Requires that such schedule: (1) establish for each category and subcategory of sources an expeditious time period for implementation of best management practices and measures; and (2) indicate estimated dates for such implementation. Requires States to utilize local public and private agencies and organizations with expertise in nonpoint source pollution control, to the maximum extent practicable, in developing and implementing such plan. Requires States, to the maximum extent possible, to develop and implement such plan on a watershed-by-watershed basis. Requires that any State reports or plans required under these nonpoint source control program provisions be submitted to the Administrator within 270 days after enactment of this Act, but provides for a 270-day extension upon request of the Governor. Directs the Administrator to prepare a report which makes specified identifications for a State if the Governor does not submit such report within the required period. Directs the Administrator to consolidate and submit recommendations for modifications of Federal activities and programs submitted by the States to the appropriate Federal departments, agencies, and instrumentalities. Directs such entities to carry out their activities and programs in a manner consistent with the approved State plan and helpful to its implementation. Sets forth procedures and deadlines for approval, disapproval, or revision of reports, plans, and updates. Directs the Administrator to provide technical assistance to local agencies or organizations in developing plans, whenever a State fails to submit or the Administrator does not approve a plan. Makes such local agencies or organizations eligible to receive implementation assistance after development of such plan. Authorizes the Administrator, upon State request, to provide technical assistance to a State in developing a plan. Sets forth requirements for State petitions, interstate management conferences and agreements, and State plans for reduction of interstate water pollution from nonpoint sources. Directs the Administrator, upon State application, to make grants to each State for which a report and a plan is approved. Provides that such grants shall be made to assist States in implementing such plans. Limits the Federal share of the cost of each plan implemented with Federal assistance in any fiscal year to 50 percent of the cost to the State in implementing such plan, but requires that the Federal share be at least 50 percent and not more than 60 percent of those costs of a plan which are attributable to a watershed area with respect to which the Administrator determines that a significant number of non-Federal, non-State interests of such area are willing and able to enter into agreements to participate in such year in nonsource pollution control measures under such plan. Limits administrative costs (except costs of implementing enforcement and regulatory activities, education, training, technical assistance, demonstration projects or technology transfer programs) to ten percent of the grant amount. Sets forth maintenance of effort requirements for such grants. Limits to 15 percent of the amount appropriated for such grants which may be used to make grants to any one State, including any grants to any local agency or organization with authority to control pollution from nonpoint sources in any area in such State. Authorizes the Administrator to give priority in making grants for each fiscal year beginning after FY 1987 to any State which has included effective regulatory mechanisms in its plan and has implemented such mechanisms in the preceding fiscal year. Directs the Secretary to give consideration to a State's inclusion and implementation of effective regulatory mechanisms in determining the Federal share of any such grant. Authorizes appropriations for such grants for FY 1986 through 1990. Directs the Administrator, upon application of a State with an approved report and plan, to make grants to assist such State in carrying out groundwater water quality protection activities which will advance the State toward implementation of a comprehensive nonpoint source pollution control program. Requires that such activities include research, planning, groundwater assessments, demonstration programs, enforcement, technical assistance, education, and training to protect groundwater quality and prevent groundwater contamination from nonpoint pollution sources. Makes the Federal share of the cost of assisting a State in such groundwater protection activities in any fiscal year 50 percent of the costs incurred by the State in carrying out such activities, but sets a maximum amount for such Federal assistance to a State in any fiscal year. Authorizes appropriations for such grants for FY 1986 through 1990. Directs the Administrator, by January 1, 1986, and each January 1 thereafter, to report to specified congressional committees on the activities carried out under this Act for the preceding fiscal year and the progress made in reducing nonpoint source pollution in the navigable waters. Directs the Administrator, by January 1, 1989, to transmit a final report to the Congress on the activities carried out under this Act, with specified analyses and recommendations. Requires that at least five percent of appropriations for such grants in any fiscal year be available to the Administrator to maintain personnel levels at the Environmental Protection Agency which are adequate to carry out this Act. Increases the percentage of funds the Administrator may hold back from the States for alternative systems for small communities. Permits such funds to be used for grants related to nonpoint source pollution control programs. Allows an increased Federal share for such programs utilizing innovative processes and techniques. Allows the Administrator to make grants and enter into agreements with the Secretaries of Agriculture, of the Army, and of the Interior for projects related to nonpoint source pollution control. Declares that it is the national policy that plans for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of the Act to be met through the control of both point and nonpoint sources of pollution. Directs the Administrator, within one year after the enactment of this Act, to submit to specified congressional committees a lake restoration guidance manual establishing procedures to guide future State and local efforts to improve water quality in lakes. Adds to the authorized uses of grants for construction of treatment works projects to address water quality problems due to impacts of discharges from combined storm water and sanitary sewer overflows. Increases for FY 1986 and subsequent fiscal years the amount of additional funds which the Administrator shall have available for addressing water quality problems of marine bays and estuaries subject to lower levels of water quality due to the impact of discharges from combined storm water and sanitary sewer overflows. Increases to 65 percent the Federal share of construction costs under the treatment works construction grants program for FY 1985 and subsequent fiscal years. (Current law provides that the 75 percent Federal share shall be decreased to 55 percent for FY 1985 and subsequent fiscal years.) Provides that the activated bio-filter feature of the project for treatment works of the city of Little Falls, Minnesota, shall be deemed to be an innovative wastewater process and technique for purposes of specified provisions of the Act. Provides that the amount of any grant under the Act for such feature shall be 85 percent of the cost thereof. Authorizes the Administrator, in addition to any grant for innovative technology in treatment works, to make a grant to fund all of the costs of the modification or replacement of biodisc equipment (rotating biological contactors) in any publicly owned treatment works if the Administrator finds that such equipment has not met design performance specifications, unless such failure is attributable to negligence on the part of any person, and if such failure has significantly increased capital or operating and maintenance expenditures. Directs the Administrator, before taking final action on plans, specifications, and estimates for treatment works construction, to enter into a written agreement with the grant applicant which establishes and specifies which items of the proposed project are eligible for Federal payment under specified provisions of the Act. Prohibits the Administrator from later modifying such eligibility determinations unless they are found to have been made in violation of applicable Federal statutes and regulations. Provides that such eligibility determinations shall not preclude the Administrator from auditing a project pursuant to specified provisions of the Act, or other authority, or from withholding or recovering Federal funds for costs which are found to be unallowable or which are incurred on a project which fails to meet design specifications or effluent limitations contained in the grant agreement and permit. Provides for grantee certification of the treatment process. Provides that the approval of construction plans by the Administrator shall not include a determination or approval of the treatment work's unit processes, which constitute the treatment technology. Prohibits the Administrator from approving plans, specifications, and estimates for a project unless the applicant certifies that the proposed unit processes and treatment technology are capable of meeting the effluent limitations for which such process and technology are designed. Revises local treatment works grant conditions to require, within two years after enactment of this Act, that: (1) any required areawide waste treatment management plan is being implemented or is being developed with reasonable progress toward implementation; and (2) the State is implementing or developing any required State plan and is in compliance with water quality reporting requirements. Provides that a system of user charges which imposes a lower charge for low-income residential users (as defined by the Administrator) shall be deemed to be a user charge system meeting specified requirements for treatment works grants if the Administrator determines that such system was adopted after public notice and hearing. Requires that State allotments for the treatment works construction grants programs for FY 1986 through 1989 be allotted, in accordance with a specified table, for each such year by the Administrator not later than the tenth day which begins after the enactment of this Act. Extends through FY 1989 the authorization of appropriations for minimum allotments to States and specified U.S. territories and possessions. Increases, from thirty-three one-hundredths of one percent to two-thirds of one percent the portion of the total allotment which shall be allotted to specified U.S. territories and possessions. Extends through FY 1989 specified provisions relating to the reservation of certain amounts from State allotments in order to make grants to States for administration of such allotments. Directs the Administrator to reserve specified amounts from the allotments to the States of New York, New Jersey, and Connecticut in order to make grants in FY 1986 and subsequent fiscal years to the Interstate Sanitation Commission established by such States by interstate compact to carry out the functions of such Commission under the Act. Extends through FY 1989 specified provisions relating to minimum expenditures for increasing the Federal share of grants for construction of treatment works utilizing innovative processes and techniques. Requires a State to allocate at least 50 percent of its water quality management planning grant in any fiscal year to regional and interstate public comprehensive organizations in such State, except when the Administrator and the Governor determine that such allocation will not substantially assist in achieving the goals of the Act. Directs the Administrator to reserve one-quarter of one percent of appropriations for the treatment works construction grants program for FY 1986 and subsequent fiscal years for carrying out investigations and audits of such construction projects. Provides that such sums shall be in addition to any sums otherwise appropriated for or allocated to the Office of the Inspector General. Directs the Administrator to make grants for specified purposes from the appropriate State allotments for treatment works construction to: (1) the city of Avalon, California; (2) the owners of the Rocky River Wastewater Treatment Plant in Rocky River, Ohio; (3) Walker and Smithfield Townships, Pennsylvania; (4) the Elk Pinch Public Service District, Kanawha County, West Virginia; and (5) the city of Taylor Mill, Kentucky. Establishes a program of grants to States for establishment of State water pollution control revolving funds for providing assistance to municipalities and intermunicipal and interstate agencies for construction of publicly owned treatment works. Requires a State to first deposit an amount equal to 20 percent of such grant allotted to the State for a fiscal year before such grant can be made. Sets forth certification, reporting, and other requirements relating to such grants and the types of assistance which such revolving funds may offer. Authorizes appropriations for such grants for FY 1986 through 1989. Revises innovative technology compliance deadlines for direct dischargers. Requires such compliance within two years after the date for compliance with an effluent limitation which is otherwise applicable. Directs the Administrator, in carrying out specified provisions of the Act, to conduct research, in conjunction with other Federal, State, and interstate agencies, on the harmful effects on the health and welfare of persons caused by pollutants in water. Requires that such research: (1) place special emphasis on the effect that bioaccumulation of pollutants in aquatic species has in reducing the value of aquatic commercial and sport industries; and (2) study methods to reduce and remove pollutants from aquatic species so as to restore and enhance these resources. Authorizes appropriations for FY 1986 through 1989 for such research. Directs the Administrator, in developing, publishing, and revising water quality criteria, to consider the effects of specified factors on the ecosystem. Requires that new or revised water quality criteria should be established so as to provide an ample margin of safety to protect human health and fish and wildlife resources, and, if there is a well-founded and significant difference of opinion as to the latest scientific and research knowledge in such matters with respect to a pollutant, directs the Administrator to publish a description of such difference of opinion along with the publication of such criteria. Directs the Administrator to increase the number of employees of the Environmental Protection Agency if necessary to effectively implement pretreatment requirements under specified provisions of the Act. Authorizes the owner or operator of a publicly owned treatment works which receives the treated effluent to grant up to a two-year extension for compliance with a categorical pretreatment standard to any new or existing facility (indirect discharger) which proposes to comply with such standard by using an innovative treatment system meeting specified standards, if: (1) the Administrator determines that the innovative system has the potential for industry-wide application and the action will not cause the publicly owned treatment works to be in violation of its permit; and (2) the Administrator (or a State with an approved pretreatment program) concurs with the proposed action of the owner or operator of such treatment works. Revises provisions for criminal penalties for specified violations under the Act. Adds provisions for civil penalties to be assessed by the Administrator or the Secretary of the Army for specified violations under the Act. Revises provisions for the Clean Lakes Program (a grant assistance program to improve the water quality of lakes). Makes such program applicable to saline, as well as fresh water, lakes. Adds provisions for grants to States for priority projects for control of nonpoint sources of pollution which are contributing to the degradation of water quality in lakes. Directs the Administrator to distribute such grants equitably among the States. Limits the amount of such a grant to not more than 70 percent of the project cost. Authorizes appropriations for FY 1986 through 1990 for such grants. Adds provisions for grants to States to carry out approved methods and procedures which may be applied to lakes and other waters to restore water quality, insofar as such quality has deteriorated as a result of high acidity which may be due to acid deposition. Allows any State to submit for approval to the Administrator: (1) a survey of such water quality deterioration; and (2) methods and procedures which may be applied. Specifies some of the methods which may be approved for such purpose. Limits the amount so granted to any State in any fiscal year to more than 80 percent of the funds expended by such State in such year for carrying out such approved methods and procedures. Directs the Administrator to distribute such grant funds equitably on the basis of the relative need of each applicant State for the restoration of water quality as a result of such deterioration. Provides that such assistance shall be in addition to any other Federal financial assistance. Authorizes appropriations for such grants for FY 1986 through 1990. Directs the Administrator to report annually to specified congressional committees on the status and trend of water quality in lakes in the United States, including the nature and extent of pollution loading from point and nonpoint sources and the extent to which the use of lakes is impaired as a result of pollution, particularly with respect to toxic pollution. Directs the Administrator, in cooperation with the State of Texas, to study water quality problems in Lake Houston, Houston, Texas, and undertake control measures to improve water quality. Requires such study to include specified evaluations. Directs the Administrator to report, with recommendations, to specified congressional committees on such study and control measures. Authorizes appropriations for FY 1986 and subsequent fiscal years for such purposes. Directs the Administrator to conduct a demonstration program to restore the biological integrity of acidified lakes and watersheds through liming. Directs the Administrator to report to specified congressional committees after completion of such project. Authorizes appropriations for FY 1986 and subsequent fiscal years for such purpose. Directs the Administrator, in cooperation with the Secretary of the Army and in consultation with appropriate State and local agencies, to: (1) conduct a one-year comprehensive study of the Beaver Lake, Arkansas; (2) undertake a demonstration project for measures identified in such study for preserving and enhancing the reservoir's water quality; and (3) report, with recommendations, on such study and project to specified congressional committees. Makes specified funds available for such purposes. Directs the Administrator to undertake demonstration projects for specified cleanup operations for the following New Jersey bodies of water: (1) Greenwood Lake and Belcher Creek; (2) Deal Lake; and (3) Alcyon Lake. Directs the Administrator to report, with recommendations, on such projects to specified congressional committees. Authorizes appropriations for such projects. Revises provisions for permits under the National Pollutant Discharge Elimination System (NPDES). Authorizes a State Governor to submit an NPDES permit program for a portion of the discharges into the navigable waters in such State. Requires that such a partial permit program cover at a minimum administration of a major category of the discharges into the navigable waters of the State or a major component of the State's NPDES permit program. Authorizes the Administrator, if specified conditions are met, to approve: (1) a partial permit program covering administration of a major category of discharges; or (2) a partial and phased permit program covering administration of a major component (including discharge categories) of a State permit program. Provides that a State may return, or the Administrator may withdraw approval of, delegated NPDES permit program responsibilities. Prohibits the renewal or reissuance of permits for the discharge of pollutants which are less stringent than the limitations in the previous permit. Allows a permit renewed or reissued after the installation of treatment facilities required by the original permit to reflect the level of pollutant control actually achieved, provided that level is not less stringent than required by effluent guidelines in effect at the time. Provides that the term "point source" does not include agricultural stormwater discharges. Authorizes the Administrator to make a grant to the city of New York to install additional facilities and make modifications necessary for the Newtown Creek sewage treatment plant to provide secondary treatment. Makes the Federal share 75 percent of the cost of such project. Authorizes appropriations for such purpose for FY 1986 and subsequent fiscal years. Provides that such funds shall be in addition to any other amounts authorized under the construction grants program provisions of the Act. Directs the Administrator to make grants to the city of San Diego, California, for construction of a project consisting of: (1) a publicly owned treatment works in such city to provide primary or advanced treatment of not less than 60,000,000 gallons of municipal sewage and industrial waste per day for the city of Tijuana, Mexico; and (2) a publicly owned treatment works in such city to provide primary or more advanced treatment of such amount of municipal sewage and industrial waste per day for the city of San Diego as may be necessary to meet the objectives of the Act. Sets forth requirements relating to such grants and projects. Permits, through 1993, the discharge of pollutants for any ocean outfall constructed with such Federal assistance if such pollutants have received primary or more advanced treatment. Authorizes appropriations to the Administrator for such grants for FY 1986 and subsequent fiscal years. Directs the Administrator to make grants to the city of Naco, Arizona, for construction of a project consisting of a publicly owned treatment works in such city to provide primary or more advanced treatment of not less than 150,000 gallons of untreated sewage emanating from the community of Naco, Sonora, Mexico. Sets forth requirements relating to such grants and project. Authorizes appropriations to the Administrator to make such grants for FY 1986 and subsequent fiscal years. Prohibits the city of New York, after March 15, 1986, from discharging raw sewage into navigable waters in an amount which is greater for any 30-day period than an amount equal to 30 times the average daily discharge by the city during the 12-month period preceding such date. Authorizes the Administrator to waive such limitation to the extent and for such limited period of time as may be reasonably necessary for the city to resume operation of a wastewater treatment plant operated by the city, in the event of any significant interruption in such operation. Directs the Administrator to undertake measures, including modifications of compliance schedules, to reduce and eliminate at the earliest practicable date the discharge of raw sewage by the city of New York, taking into account any increase in the authorization for grants for the construction of treatment works made by this Act and standards and practices necessary for attaining a specified level of water quality. Provides that the Okolona Sewer Construction District, Jefferson County, Kentucky, shall be permitted to operate the Okolona Sewage Construction District Treatment Works and shall not be required to use any other facility for wastewater treatment until the West County Wastewater Treatment Plant, Jefferson County, Kentucky, is completed. Directs the Administrator to issue a permit under the Act for such purpose. Directs the Administrator to make grants to the Metropolitan District Commission, Massachusetts, for a project to undertake emergency improvements at the Deer Island Waste Water Treatment Plant in Boston, Massachusetts. Limits the Federal share to 75 percent of the cost of such improvements. Authorizes appropriations for each of FY 1986 through 1988 for such grants. Directs the Administrator, notwithstanding any provision of the Act, to pay, to the extent provided in appropriation Acts, in the same proportion as the Federal share of other project costs, all expenses for the relocation of facilities for the distribution of natural gas with respect to the entire wastewater treatment works known as Oakwood Beach and Red Hook projects, New York. Authorizes appropriations for FY 1986 and subsequent fiscal years for such purpose. Directs the Administrator to undertake necessary measures, including removal of accumulated raw sewage, to restore the quality of the waters adversely affected by the raw sewage discharge into Brady's Run, Pennsylvania, which resulted from the destruction of the Chippewa Township, Pennsylvania, sewage treatment facility. Directs the Administrator to study the feasibility and desirability of eliminating the regulation of discharges of pollutants into navigable waters in amounts which, in terms of volume, concentration, and type of pollutant, are not significant (de minimis discharges). Directs the Administrator to report, with recommendations, in such study to specified congressional committees within one year after enactment of this Act. Directs the Administrator to study the effectiveness of specified innovative and alternative wastewater treatment processes and techniques which have been used in treatment works constructed under the Act. Sets forth requirements relating to such study. Directs the Administrator to report, with recommendations, to specified congressional committees within two years after enactment of this Act. Directs the Administrator to study the water quality improvements which have been achieved by application of best available technology economically achievable pursuant to specified provisions of the Act. Sets forth requirements relating to such study. Directs the Administrator to report, with recommendations, on such study to specified congressional committees within two years after the enactment of this Act. Directs the Administrator to study the testing procedures for analysis of pollutants established under specified provisions of the Act. Sets forth requirements relating to such study. Directs the Administrator to report, with recommendations, on such study to specified congressional committees within one year after the enactment of this Act. Directs the Administrator, biennially after the date of submission of such report, to conduct a state-of-the-art review of such test procedures to determine their adequacy and effectiveness. Directs the Administrator to submit to such congressional committees recommendations, based on such review, for modifying such test procedures to improve their effectiveness. Directs the Administrator to study the pretreatment of toxic pollutants, including a study of: (1) the adequacy of data on environmental impacts of toxic industrial pollutants discharged through publicly owned treatment works; (2) the extent to which secondary treatment at publicly owned treatment works removes toxic pollutants; (3) the capability of publicly owned treatment works to revise pretreatment requirements under specified provisions of the Act; (4) possible alternative regulatory strategies for protecting the operations of publicly owned treatment works from industrial discharges, including evaluation of each such strategy's potential to achieve the goals of the Act; and (5) the adequacy of Federal, State, and local resources to establish, implement, and enforce multiple pretreatment limits for toxic pollutants for each alternative strategy identified. Directs the Administrator to report, with recommendations, on such study to specified congressional committees within two years after the enactment of this Act. Directs the Administrator to study the problem of the corrosive effects of sulfides in collection and treatment systems, the extent to which the uniform imposition of categorical pretreatment standards will exacerbate this problem, and the range of available options to deal with the effects. Requires that such study be conducted in consultation with the Los Angeles City and County sanitation agencies which have observed examples of corrosion probably caused by sulfides. Directs the Administrator to report, with recommendations, on such study to specified congressional committees within one year after the enactment of this Act. Authorizes appropriations for FY 1986 and subsequent fiscal years for such study and report. Requires as new conditions for the modification of treatment requirements with respect to the discharge of pollutants from a publicly owned treatment works that an applicant for such modification demonstrate that: (1) in the case of a treatment works serving a population of 50,000 or more, there is in effect a specified pretreatment program for toxic pollutants introduced into such works for which there is no pretreatment requirement in effect; and (2) the effluent which is discharged from such works is receiving primary treatment and meets the criteria for water quality established by the Administrator. Revises the meaning of the phrase "discharge of any pollutant into marine water." Sets forth provisions relating to maintenance of water quality in estuaries. Directs the Administrator to convene a management conference upon determination that the attainment or maintenance of water quality in an estuary requires the control of sources of pollution in more than one State. Sets forth requirements for conference membership. Requires that an interstate agency be the lead agency for carrying out such provisions in any case in which such agency has jurisdiction over all or a significant part of the estuary. Directs the Administrator to give priority consideration under such provisions to: (1) Long Island Sound; (2) Buzzards Bay, Massachusetts; and (3) Delaware Bay, Delaware and New Jersey. Prohibits convening such a conference before a final adjudication has been made in any pending State boundary dispute involving the estuary. Provides that such a management conference shall establish and provide for the implementation of a master plan which addresses the pollution problems of the estuary involved. Authorizes the Administrator to make grants to States participating in such a management conference which are equal to 50 percent of a State's cost of implementing a master plan for a fiscal year. Authorizes appropriations for FY 1985 through 1989 for such grants. Authorizes appropriations to the Administrator for FY 1985 through 1989 for: (1) administrative expenses with respect to such management conferences; (2) grants for the development of master plans for estuaries; and (3) monitoring the implementation of such master plans. Adds provisions relating to Chesapeake and Narragansett Bays. Directs the Administrator to continue the Chesapeake Bay Program and to establish and maintain in the EPA an office, division, or branch of Chesapeake Bay Programs to: (1) collect and disseminate research and other information on the environmental quality of the Bay; (2) coordinate Federal and State efforts to improve the quality of research projects pertaining to the Bay; (3) conduct research on sediment deposition in the Bay; and (4) conduct research on how natural and man-induced environmental changes impact on the living resources of the Bay, with particular emphasis on the impact of pollutant loadings of nutrients, chlorine, acid precipitation, dissolved oxygen, and toxic pollutants, (including organic chemicals and heavy metals), and with special attention to the impact on the striped bass. Directs the Administrator, at the request of the Governor of a State affected by the interstate management plan developed under the Chesapeake Bay program, to make a grant to implement management mechanisms in the plan if the State has, within one year after the date of enactment of this Act, approved and committed to implement all or substantially all aspects of the plan. Requires a State or combination of States, in order to qualify for such grants, to submit a plan for proposed abatement actions and estimated costs for the approval of the Administrator. Limits such grants to 50 percent of the plan implementation costs in any year and requires non-Federal sources to provide the remainder of such costs during such fiscal year. Limits administrative costs to ten percent of the annual Federal grant to a State. Requires States to submit progress reports to the Administrator within 18 months after the receipt of such grants, and biennially thereafter. Directs the Administrator to transmit such reports, with comments, to the Congress. Directs the Administrator, at the request of the Governor of an affected State and after consultation with appropriate Federal and State agencies and other interested persons, to make a grant for purposes of assessing the principal factors having an adverse effect on the environmental quality of the Narragansett Bay, as perceived by both scientists and users, in conjunction with developing and implementing a management program to improve such Bay's water quality. Limits such grants to 50 percent of the program implementation costs and requires non-Federal sources to provide the remainder. Requires States to submit descriptions of the proposed programs for the approval of the Administrator. Directs the Administrator to approve each such program within three months of receipt if the applicant State demonstrates that it will: (1) establish a committee to provide advice on design and implementation of a management program and to coordinate communication on issues affecting such Bay's water quality; (2) review and coordinate Federal and State water pollution abatement programs to address adverse water quality factors; (3) establish methods for improving sampling data collection and a system for collecting, analyzing, storing, and disseminating such data; and (4) develop and implement, within three years after enactment of this Act, water quality management practices and measures (including land use requirements) to reduce to the greatest extent feasible pollutant loadings in such Bay and to improve its water quality. Requires States to submit progress reports to the Administrator, within two years after issuance of such grants and annually thereafter. Authorizes appropriations for FY 1986 through 1989 for such Chesapeake and Narragansett Bays programs. Sets forth provisions relating to the New York and New Jersey Harbor area (the Harbor). Directs the Administrator to: (1) collect and make available information on the environmental quality of the Harbor; (2) coordinate Federal and State efforts to improve the Harbor's water quality; and (3) determine the impact of natural and man-induced environmental changes on the living resources of the Harbor and on adjacent coastal areas and the relationships among such changes, with particular emphasis on the impact of pollutant loadings of sewage, dissolved oxygen, and toxic pollutants, including organic chemicals and heavy metals. Directs the Administrator, at the request of the Governor of a State affected by any interstate management plan relating to the Harbor and developed pursuant to specified provisions of this Act for maintenance of water quality in estuaries, to make a grant to implement the management mechanisms contained in such plan. Allows an affected State or combination of States to submit to the Administrator a plan including the estimated cost of the abatement actions proposed to be taken during the next fiscal year. Directs the Administrator, if the plan is consistent with specified national policies and goals under the Act, to approve such plan and to finance up to 50 percent of the costs of implementing such plan in any fiscal year, on condition that non-Federal sources provide the remainder of such costs. Limits administrative costs to ten percent of such annual Federal grant to a State. Requires such States to submit progress reports on the implementation of such plans within 18 months after the date of receipt of such grant and biennially thereafter. Directs the Administrator to transmit such reports, with comments, to the Congress. Authorizes appropriations for FY 1986 through 1989 for purposes of such provisions for the Harbor. Authorizes the Administrator to undertake a study on consumptive uses of Great Lakes water. Authorizes the Administrator to conduct such study in cooperation with other interested Federal agencies and the eight Great Lake States and their local governments. Requires such study to focus on all possible control measures which can be implemented to reduce the quantity of Great Lakes water consumed without adversely affecting the projected growth of the Great Lakes region. Requires that such study include an analysis of both existing and new technology which appears to be feasible in the foreseeable future. Requires that such study include at a minimum: (1) a review of methodologies used to forecast Great Lakes consumptive uses; (2) an analysis of the effect that enforcement of provisions of the Act relating to thermal discharges has had on consumption of Great Lakes water; (3) an analysis of the effect of laws, regulations, and national policy objectives on consumptive uses of Great Lakes water used in manufacturing; (4) an analysis of the economic effects on a consuming industry and other Great Lakes interests associated with a particular consumptive use control strategy; (5) an analysis of associated environmental impacts, both singularly and in combination with other consumptive use control strategies; and (6) a summary discussion with recommendations for methods of controlling consumptive use so as to maximize benefits to the Great Lakes ecosystem and also provide for continued full economic growth for consuming industries as well as other industries which depend on the use of Great Lakes water. Authorizes appropriations for such study for FY 1986 and subsequent fiscal years. Grants an exception to a time limitation relating to an application for a permit modification for less than secondary treatment involving an ocean discharge. Provides that a publicly owned treatment works which, before December 1, 1982, had a contractual arrangement to use a portion of the capacity of another publicly owned treatment works which has applied for or receives such a modification, may apply for such a modification for itself within 30 days after enactment of this Act. Designates the Great Lakes National Program Office of the Environmental Protection Agency as the Great Lakes International Coordination Office. Directs the head of the Office to serve as the principal liaison person on Great Lakes matters to the International Joint Commission, United States and Canada. Requires the Office to: (1) develop and implement specific action plans to carry out U.S. responsibility under the Great Lakes Water Quality Agreement of 1978; (2) coordinate Agency actions aimed at improving Great Lakes water quality; (3) coordinate Agency actions with other Federal, State, and local authorities; (4) establish a Great Lakes system-wide surveillance network to monitor the water quality of the Great Lakes, with emphasis on monitoring toxic pollutants; and (5) serve as liaison with, and provide information to, the Canadian members of the Commission and the Canadian counterpart of the Agency. Directs the Administrator to: (1) ensure that the Office enters into specified agreements with Agency organizational elements involved in Great Lakes activities in the appropriate State agencies; and (2) include a funding request for the office as a separate budget line item in the Agency's annual budget submission to the Congress. Authorizes appropriations for FY 1987 through 1991 for the Office. Authorizes appropriations for FY 1986 to carry out water quality studies of the Great Lakes under the Act. Directs the Administrator, within 120 days after enactment of this Act and at the beginning of each fiscal year thereafter, to submit to the Congress a comprehensive assessment of the planned efforts to be pursued in the succeeding fiscal year for implementing the Great Lakes Water Quality Agreement of 1978. Requires such assessment to include specified information. Directs the Administrator, within 150 days after the end of each fiscal year, to submit to the Congress a comprehensive report which describes specified achievements, progress, and long-term prospects for improving Great Lakes water quality. Authorizes the Administrator (or an approved State program) to issue a permit which modifies specified requirements with respect to the pH level of any discharge, and with respect to discharges of iron and manganese, from the remined area of any coal remining operation. Requires that such modified requirements apply the best available technology economically achievable on a case-by-case basis, using best professional judgment. Prohibits such a permit from allowing the pH level of any discharge, or the discharges of iron and manganese, to exceed the levels being discharged from the remined area before the coal remining operation begins. Provides that no payment may be made under this Act except to the extent provided in advance in appropriation Acts.
United States · United States Congress · 7 March 1985
Amends the Internal Revenue Code to increase the excise tax on cigarettes from: (1) $8 to $16 for small cigarettes; and (2) $16.80 to $33.60 for large cigarettes. Imposes a floor stock excise tax on small and large cigarettes. Appropriates one-fourth of the revenues raised by such excise taxes to the Federal Hospital Insurance Trust Fund (Medicare). Establishes in the Treasury the Tobacco-Related Disease Research Trust Fund. Appropriates to such Trust Fund one-fourth of the revenue raised by such excise taxes.
United States · United States Congress · 7 March 1985
District Heating and Cooling Tax Incentives Act of 1985 - Amends the Internal Revenue Code to allow an investment tax credit for district heating or cooling property. Defines "district heating or cooling property" as any equipment or other property used as an integral part of a district heating or cooling system. Exempts district heating or cooling property which is transferred to a governmental unit or tax-exempt organization from the recapture rules relating to prohibited dispositions of investment tax credit property. Treats district heating or cooling property as depreciable personal property for purposes of tax rules relating to the recapture of excess depreciation. Exempts district heating or cooling property from classification as ten- or 15-year public utility property for purposes of accelerated depreciation under the accelerated cost recovery system. Excludes obligations for local district heating or cooling facilities from the volume cap on private activity bonds.
United States · United States Congress · 7 March 1985
Requires each State to provide for voter registration by mail for Federal elections. Requires such registration to be carried out by a post card application form approved by the Attorney General. Prohibits any State from denying any person the right to vote on the grounds such person is not registered to vote if such person has complied with the requirements of post card registration. Requires the Postmaster General, the Commissioner of Social Security, and the Administrator of Veterans Affairs, in cooperation with the Attorney General and the Chief election officer of each State, to facilitate distribution of post card registration forms in Federal facilities.
United States · United States Congress · 7 March 1985
Amends the Internal Revenue Code to extend to January 1, 1992, the termination date for the deduction for expenses incurred in connection with the elimination of architectural and transportation barriers to the handicapped and the elderly.
United States · United States Congress · 7 March 1985
Expresses the sense of the House of Representatives that the United States should ratify the Convention on the Prevention and Punishment of the Crime of Genocide. Declares that the House will act expeditiously on the necessary implementing legislation.
United States · United States Congress · 5 March 1985
Indian Health Care Amendments of 1985 - Title I: Indian Health Manpower - Amends the Indian Health Care Improvement Act to authorize appropriations for specified Indian health programs for FY 1986 through 1989, including scholarship programs and continuing education allowances. Prohibits the Secretary of Health and Human Services (the Secretary) from denying scholarship assistance solely on the basis of an applicant's scholastic achievement if such applicant has been admitted to, or maintained good standing at, an accredited health professions institution. Directs the Secretary to grant Indian Health Scholarships to Indians enrolled full-time in certain schools for health professionals. States that the active duty service requirements of the Public Health Service can be met by specified services, including: (1) service under a contract pursuant to the Indian Self-Determination and Education Assistance Act; and (2) the private practice of a health professional if such practice is in a health professional shortage area and addresses the health care needs of a substantial number of Indians. Title II: Health Services - Enumerates the health services for which the Secretary is authorized to expend Indian Health Care Improvement Fund appropriations. Prohibits the use of such funds to offset or limit appropriations made under other Acts. Conditions the allocation of such funds upon the health resource deficiency level of the affected Indian tribes. Allocates such funds on a service unit basis. Requires the Secretary to submit to the Congress a current health services priority system report, including the methodology for determining tribal health resources deficiencies, and the funds needed to raise all service units to a zero level deficiency. Directs the Secretary to establish a review mechanism for tribal petitions regarding the health resource deficiency level of a tribe. Requires the Secretary to provide a current update of tribal specific health plans. Requires at least one percent of the Indian Health Care Improvement Fund appropriation to be expended for research. Makes programs administered by tribal organizations under the Indian Self-Determination and Education Assistance Act eligible for specified funds on an equal basis with programs administered directly by the Indian Health Service. Directs the President to include with the submission of the budget a separate statement which specifies the amounts obligated to implement enumerated health services. Authorizes appropriations for FY 1986 through 1989 for specified health services. Designates such appropriations the Indian Health Care Improvement Fund. Establishes an Indian Catastrophic Health Emergency Fund to meet extraordinary medical costs for victims of disasters or catastrophic illness. Authorizes appropriations. Authorizes the Secretary to waive the competitive procurement requirements for health services upon certification by the responsible Chief Medical Officer that such requirements would compromise the quality of health services. Title III: Health Facilities - Requires the Secretary to submit to the Congress a health facilities priority system report regarding the construction or renovation needs of the ten top priority inpatient and ambulatory care facilities. Requires the Secretary to consult with any Indian tribe that might be affected by an expenditure for health facilities before the Secretary makes a commitment for such an expenditure. Conditions the closure of any health care facility upon the Secretary's submission to the Congress of an impact assessment one year prior to the contemplated closing. Enumerates the data to be included in such assessment. Directs the Secretary to implement a ten-year plan to provide safe water and sanitary sewage and solid waste disposal facilities to Indian homes and communities. Requires the Secretary to report to the Congress regarding the Indian Health Service's current Indian sanitation facility priority system and the funds needed to raise all communities or tribes to a zero level of deficiency. Authorizes specified appropriations to provide sanitation facilities. Authorizes the Secretary to provide financial and technical assistance for the operation and maintenance of sanitation facilities, utility organizations, and emergency repairs of sanitation facilities. Authorizes appropriations for FY 1986 through 1989. Authorizes tribes to expend certain non-Indian Health Service funds for the renovation of Indian health facilities, subject to specified conditions. Authorizes the Secretary to exchange certain real property with the Bethel Native Corporation (Alaska). Specifies conditions under which the Secretary is required to negotiate an agreement to sell to such corporation a specified Service hospital and appurtenant facilities. Conditions such sale upon a lease-purchase agreement whereby the Corporation shall purchase the hospital and its facilities and the Service shall lease and operate such hospital and its facilities. Title IV: Access to Health Services - Extends the authorization for specified appropriations for grants and contracts with tribal organizations from FY 1986 through 1989. Title V: Urban Indian Health Services - Directs the Secretary to contract with urban Indian organizations to administer health services programs in urban areas. Sets forth specified requirements to be included in such contracts. Details eligibility criteria for the selection of such organizations. Authorizes the Secretary to enter into contracts with urban Indian organizations to determine the health status and unmet health care needs of urban Indians in affected urban areas. Delineates the requirements of such contracts. Requires the Secretary to: (1) develop evaluation procedures for the performance of such contracts; and (2) conduct annual onsite evaluations of each contracting urban Indian organization. Prescribes guidelines for the renewal of health care or referral services contracts. Prohibits renewal of contracts for determination of unmet health needs if their performance has been non-compliant or otherwise unsatisfactory and problems cannot be resolved. Requires certain reports to the Congress. Authorizes appropriations for FY 1986 through 1989 for purposes of carrying out such contracts. Title VI: Organizational Improvements - Establishes in the Office of the Secretary of Health and Human Services the Office of Indian Health Service to administer all Indian health programs and authorities assigned to the Secretary or the Surgeon General, including such programs and authorities under this Act and other specified Acts. Places the Office of Indian Health Service under the direction of an Assistant Secretary for Indian Health who shall be responsible for the conduct and operation of Indian health matters. Transfers the Indian Health Service to the Office of Indian Health Service (thus terminating the Indian Health Service as part of the Health Resources and Services Administration). Provides that the assignment of commissioned corps personnel to service within the Office of Indian Health Service shall not be affected except as specifically provided in this Act. Requires the Secretary to establish an automated management information system for the Indian Health Service. Title VII: Miscellaneous - Authorizes the Secretary to enter into legal agreements with Indian tribes or tribal organizations in order to provide compensation for facility space costs associated with the administration and delivery of health services by the Indian Health Service or tribally operated programs. Directs the Secretary to coordinate efforts with the Secretary of the Interior and the Secretary of Education to develop programs to combat alcohol and drug abuse among Indian juveniles, including preventive education programs in schools operated by or under the Bureau of Indian Affairs. Directs the Secretary to establish an Office of Alcohol and Drug Abuse within the Indian Health Service. Authorizes appropriations for FY 1986 through 1989. Directs the Secretary to arrange with the National Academy of Sciences, in consultation with the Office of Technology Assessment, to conduct a study of health hazards faced by Indians and Indian miners exposed to nuclear resource developments on or near Indian communities. Directs the Secretary and the Indian Health Service to develop a health care plan which addresses the results of such study. Directs the Secretary to submit to the Congress both the health hazard study and the ensuing health care plan, within certain times. Authorizes appropriations for such study. Extends from FY 1984 to 1989 the time during which Arizona is designated as a contract health service delivery area. Authorizes appropriations for FY 1986 through 1989. Extends eligibility for health services of specified Indians in the State of California from FY 1984 through 1988. Establishes eligibility guidelines for certain California Indian and for certain persons who are otherwise ineligible for medical benefits provided by either the Indian Health Service or by tribes contracting with the Service. Designates the State of California as a contract health service delivery area. Lists programs eligible for Indian Health Service funds. Restricts circumstances under which the Secretary may remove a member of the National Health Service Corps who is performing obligated service in a health facility operated by or under the Indian Health Service. Sets a deadline by which the Secretary must develop and implement a plan to reduce Indian infant and maternal mortality rates to that of the general population. Directs the Secretary to provide contract health services to the Turtle Mountain Band of Chippewa Indians who reside in the Trenton Service Area of specified counties in the States of North Dakota and Montana.
United States · United States Congress · 5 March 1985
Income and Jobs Action Act of 1985 - Declares that every adult American able and willing to earn a living has the right to a choice among opportunities for paid employment (part- or full-time) at decent wages or for self-employment. Directs all Federal agencies to plan and carry out their policies and programs so all adult Americans may exercise this right. Prohibits the Federal Reserve System or any other Federal agency from promoting recession, stagnation, or involuntary unemployment as a means of reducing wages and salaries or inflation. Declares that every adult American unable to work for pay has the right to an adequate standard of living that rises with increases in the wealth and productivity of the society. Provides that no adult American shall be judged unable to work merely because of the unavailability of suitable paid employment opportunities at a given time or place or because of the lack of previous employment. Requires, in the absence of such opportunities and until such opportunities can be provided, that an adult American able and willing to work for pay shall be provided with whatever income is required to maintain a moderate level of living, as defined by the Bureau of Labor Statistics. Directs the President, in the first annual message at the beginning of the first session of the Congress after the enactment of this Act, to include specific proposals for a Conversion Planning Fund, to be administered by agencies determined by the President. Provides that such Fund shall promote short- and long-term plans for coping with declines in civilian or military activities by developing specific policies, programs, and projects (including feasibility studies, education, on-the-job training, and inducements for necessary and desirable labor mobility) for the expansion of economic activities in sectors where additional or improved goods or services are needed. Requires, in addition to such other funds as may be authorized, that such Fund include no less than one percent of the amount appropriated for military purposes during each subsequent year. Directs the President, within six months after the enactment of this Act and thereafter in each annual economic report and budget message, to transmit to Congress a staged program to create conditions under which the rights set forth in this Act may be enjoyed and to describe how the Conversion Planning Fund may be most productively used. Sets forth requirements for the design of such program, including provisions for locally based over-all planning. Directs the President, as part of such annual program, to transmit to Congress a short- and long-range schedule for implementing the purposes of the Act. Requires that such schedule include reductions in: (1) the military budget; (2) wasteful tax expenditures and loopholes; and (3) interest rates and Federal deficits. Requires that such schedule include: (1) recommendations for the appropriate use and direction of public and private pension funds; (2) the creation or promotion of private and public development banks, particularly in neighborhoods and other areas of high unemployment and poverty; (3) the promotion of educational activities within each State in accordance with locally-based overall planning, with special attention to educational processes that promote and use the creative abilities of businesses, labor unions, nonprofit voluntary and cooperative organizations, and the unemployed; and (4) timetables for developing the conditions for progress in attaining the policy goals of this Act. Requires that any outlays proposed under such plan and program be presented in terms not only of gross outlays, but also of net outlays, computed with a full estimation of specified factors.
United States · United States Congress · 28 February 1985
States that the President should declare an economic emergency in rural America and should provide for loan moratoriums, loan restructuring, interest buy-downs, deferments, and additional operating and emergency loans.
United States · United States Congress · 27 February 1985
High Risk Occupational Disease Notification and Prevention Act of 1985 - Directs the Secretary of Health and Human Services to conduct research into improving the means of: (1) surveillance of employees exposed to occupational health hazards; and (2) medical monitoring and treatment of employees exposed to occupational hazards. Provides that such research shall be conducted primarily through the occupational and environmental health centers established under this Act. Lists areas such research is to include (among which are: studying the etiology and development of such diseases; developing means of medical surveillance of exposed employees; and developing educational programs). Directs the Secretary to undertake or sponsor additional epidemiological, clinical, and laboratory research to identify and define additional employee populations at risk of occupational disease. Provides that: (1) this expanded research shall be conducted or sponsored by the National Institute for Occupational Safety and Health (NIOSH); and (2) in conducting such research, NIOSH shall have access to prior and current employment, occupational, and health-related data and information maintained by Federal agencies. Authorizes the Secretary, in carrying out such research, to employ experts and consultants. Establishes a Risk Assessment Board, within NIOSH, to: (1) review current medical and other scientific studies and reports concerning the incidence of disease associated with employment; (2) report to the Secretary on the state of current research on such diseases; and (3) designate, from such review, employee populations at risk of disease associated with hazardous occupational exposures. Sets forth factors which the Board must consider in identifying such populations at risk. Directs the Board, within ten days of making a finding that a class or category of workers is a population at increased risk (30 percent greater incidence of disease than a comparable worker population not exposed to the hazardous occupational exposure) or a population at high risk (100 percent greater incidence than the comparable worker population not exposed), to recommend to the Secretary that individuals within such populations be notified and, in cases of high risk, be eligible for services and information under this Act. Gives priority for Board review to those employee populations exposed to hazardous occupational exposures for which there already exists a permanent standard under the Occupational Safety and Health Act. Requires the Board to transmit to the Secretary its findings and recommendations on these employee populations within one year after the effective date of this Act. Directs the Secretary, upon determination that a given class or category of employee is a population at risk of occupational disease, to notify each individual within such population at risk. Sets forth the required contents of such notification, including counseling information. Directs the Secretary to establish a telephone "hot line" for the personal physicians of employees who have received such notification, to provide additional medical and scientific information concerning the nature of the risk and its associated disease. Directs the Secretary to prepare and distribute other medical and health promotion material and information on any risk subject to such notification requirements and its associated disease as the Secretary deems appropriate. Provides that, in carrying out such notification responsibilities, the Secretary shall have access to information and data contained in any Federal agency records, solely for the purpose of obtaining names, addresses, and work histories of employees subject to such notification. Directs the Secretary to establish and certify occupational and environmental health centers. Provides that such centers shall be selected from: (1) educational resource centers of NIOSH and similar centers of the National Institute for Environmental Health Sciences; and (2) at a later date, existing health care facilities, in an appropriate number to obtain even regional distribution of such centers throughout the United States. Sets forth criteria for selection of such centers. Requires such centers to be capable of providing research resources, diagnosis, treatment, medical monitoring, and family services for employees notified under this Act who are at high risk of occupational disease. Directs the Secretary to: (1) develop criteria governing the most appropriate type of medical monitoring; and (2) develop a program for training of existing personnel and procuring specialized equipment required under criteria for certification of such centers. Prohibits discrimination by any employer, insurance carrier, or any other person against any employee on the basis that the employee has been notified by the Secretary of being at risk of any occupational disease. Requires that the employee retain the same rates of pay, benefits and seniority as in the former job if, based upon sound medical advice or monitoring initiated under this Act, it is determined that the employee should be transferred to a less hazardous or non-exposed job. Prohibits any health care financing system from discriminating against an employee who has been notified by the Secretary under this Act in the payment of the costs associated with a medical monitoring program, or any subsequent treatment, including treatment required by a medical monitoring examination or the onset of disease. Sets forth procedures for review of discrimination complaints. Provides for reinstatement and specified compensation for employees who are discriminated against in violation of this Act. Sets forth civil penalties for persons or institutions that violate such discrimination prohibitions. Provides for injunctive relief against violations of this Act or any rule or regulation promulgated under this Act. Requires each health care financing system (including public and private health insurance programs, and the Medicare and Medicaid programs, and disability benefits under the Old Age, Survivors and Disability Insurance program) to provide appropriate testing, evaluation, and medical monitoring services to employees as required under this Act. Requires that the cost of testing, evaluation, and medical monitoring required by an employee as a result of hazardous occupational exposure and notification under this Act be included as a covered item in any health care financing system available to such employees through their employment or as individual purchasers of health insurance. Provides that any treatment provided by a health care financing system to an employee for a subsequent disease that was subject to a notification under this Act may constitute an insurance subrogation claim against a workers' compensation program or insurance carrier. Provides that notification of risk to an employee under this Act and subsequent medical evaluation and monitoring shall not constitute a workers' compensation claim, nor shall such notice toll any statute of limitations with respect to such a claim, except as specifically provided by law under a workers' compensation statute. Authorizes appropriations for FY 1986 and subsequent fiscal years.
United States · United States Congress · 27 February 1985
War Powers Act of 1984 - Amends the War Powers Resolution to rename the resolution the War Powers Act. Authorizes U.S. armed forces, in the absence of a congressional declaration of war, to be introduced into hostilities or into a situation where the imminent introduction of such forces into hostilities is clearly indicated by the circumstances, only: (1) to repel an attack upon the United States, to take retaliatory actions in the event of such an attack, and to forestall the direct and imminent threat of such an attack; (2) to repel an attack against U.S. armed forces located outside the United States and to forestall the direct and imminent threat of such an attack; (3) to protect U.S. citizens while evacuating them from a country where they are being subject to a direct and imminent threat to their lives either sponsored by the country's government or beyond the power of such government to control, provided the President shall make every effort to terminate the threat without using U.S. armed forces and provided that the President shall, where possible, obtain the consent of the government before using U.S. armed forces; or (4) pursuant to specific statutory authorization. Requires the President to report to the Speaker of the House and the President of the Senate whenever U.S. armed forces are introduced into hostilities or into one of the other situations listed above. Requires the President to report to the Congress at least once every six months for as long as U.S. armed forces are engaged in hostilities outside the United States. Limits the length of time that U.S. armed forces may be used in hostilities or in such situations to 30 days unless the Congress enacts a law providing otherwise. Permits the Congress by law or joint resolution to terminate U.S. involvement before the expiration of the 30 days. Provides for expedited consideration of proposals to continue or terminate the use of U.S. armed forces in such situations. States that statutory authorization either for introducing U.S. armed forces into or for sustaining their use in hostilities or situations where imminent introduction of such forces into hostilities is clearly indicated by the circumstances shall not be inferred from: (1) any provision of law unless such provision specifically authorizes such introduction or use of the armed forces and states that it is intended to constitute specific statutory authorization within the meaning of this Act; or (2) any treaty unless the treaty is implemented by a law specifically authorizing such introduction or use of such armed forces and stating that it is intended to constitute specific statutory authorization within the meaning of this Act. Permits U.S. armed forces to participate jointly with members of military forces of other countries in high-level military commands that were established before enactment of this Act and pursuant to a treaty which was ratified before such enactment.
United States · United States Congress · 27 February 1985
Expresses the sense of the Congress that air service to small communities is an essential part of the transportation system, and that Federal financial support for such service under the Federal Aviation Act of 1958 should not be eliminated. (Under current law such support terminates in 1988.)
United States · United States Congress · 26 February 1985
Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to require, in order to establish and maintain improved AFDC quality control standards and procedures: (1) each State to collect and submit to the Secretary of Health and Human Services a statistically reliable sample of AFDC cases; (2) the Secretary to review the sample and notify the State of its error rate; and (3) the State to develop and submit to the Secretary a corrective plan for eliminating or reducing errors. Permits waivers if a State has had a consistently low error rate. Directs the Secretary to establish criteria for corrective action plans. Provides for financial sanctions for States with error rates exceeding certain levels. Permits waivers of the sanctions in certain instances. Defines "error rate" as the ratio of erroneous payments to total payments. Defines "erroneous payments" as: (1) payments to ineligible families; and (2) overpayments to eligible families. Directs the Secretary to study and to report to the Congress concerning: (1) the nature of AFDC client errors; (2) measures of a State's performance under the AFDC program which are broader than the current quality control system based on payment accuracy alone; (3) the desirability of including underpayments as "erroneous payments"; and (4) the cost effectiveness of error reduction. Provides, with respect to title XVI (Supplemental Security Income) of the Act, for the continuation of certain regulations relating to Federal liability for error rates in State supplementation programs.
United States · United States Congress · 25 February 1985
Amends the Act establishing Voyageurs National Park, Minnesota, to expand from ten to 20 years the time period during which certain State leaseholders may continue to lease Park lands.
United States · United States Congress · 25 February 1985
Directs the Secretary of Transportation to apportion for expenditure on the National System of Interstate and Defense Highways: (1) the remaining sums authorized to be appropriated in accordance with the interstate cost estimate for FY 1985; and (2) the sums authorized to be appropriated in accordance with the interstate cost estimate for FY 1986. Directs the Secretary to apportion: (1) the remaining sums to be apportioned for FY 1984 for expenditure on substitute highway and transit projects; and (2) the sums to be apportioned for FY 1985 for expenditure on substitute highway and transit projects.
United States · United States Congress · 25 February 1985
Authorizes the Armored Force Monument Committee, the United States Armor Association, the World Wars Tank Corps Association, the Veterans of the Battle of the Bulge, the 11th Armored Cavalry Regiment Association, the Tank Destroyer Association, the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, and 16th Armored Division Associations, and the Council of Armored Division Associations to erect a memorial in or near Arlington National Cemetery, Virginia, to honor and commemorate the American Armored Force. Directs the Secretary of the Interior, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, to select the site and approve the design and plans. Obligates the United States to expenses of maintenance only. Requires the commencement of the erection of the memorial within five years with a certification of sufficiency of funds necessary before commencement.
United States · United States Congress · 21 February 1985
Administrative Law Judge Corps Act - Amends Federal law to establish, in Washington, D.C., an Administrative Law Judge Corps (the Corps) comprised of all current administrative law judges. States that the chief administrative law judge shall be the chief administrative officer of the Corps as well as its presiding judge. Specifies the qualifications for chief judge. States that such judge shall be appointed by the President, with the advice and consent of the Senate. Directs the chief judge to submit a written report to the President and the Congress. Establishes divisions (to number between four and ten) within the Corps, with each division headed by a division chief judge appointed by the President, with the consent of the Senate. Identifies initial divisions and their respective areas of jurisdiction. Specifies qualifications required for division chief judges. States that the Corps' policymaking body shall be the Council of the Corps (the Council), comprised of the chief judge and the division chief judges. Authorizes the Council to approve or disapprove: (1) the assignment of judges to divisions; (2) creation, abolition, or reorganization of divisions; and (3) re-assignments of division chief judges. Authorizes the Council to determine matters of general Corps policy, including: (1) the issuance of regulations for Corps proceedings; (2) creation or abolition of divisions or regional offices; (3) contractual transactions; and (4) delegation of functions to division chief judges. Establishes a Judicial Nomination Commission (the Commission) to submit a list of qualified nominees for positions of chief judge and division chief judges. Specifies officials who shall appoint a member to the Commission. Sets the terms of initial Corps appointments and the procedure for filling vacancies. Prescribes a procedure for recommending appointments to the President. Directs the Corps to appoint new judges from a register maintained by the Office of Personnel Management. Confers jurisdiction upon members of the Corps to adjudicate cases under specified sections of the Administrative Procedure Act. Requires cases arising under such sections to be referred to the Corps. Directs the Council to issue regulations for assigning such cases. Provides guidelines for the removal and discipline of administrative law judges. Establishes a Complaints Resolution Board within the Corps to recommend action upon complaints against the official conduct of judges. Details the membership of such Board and the procedures to be followed. Declares Board proceedings and the contents of complaints to be privileged and confidential. Exempts documents and reports considered by the Board from the disclosure and publication requirements of the Freedom of Information Act. Exempts the Board from compliance with the public meeting requirements of specified Federal law. Authorizes appropriations.
United States · United States Congress · 21 February 1985
Construction Work in Progress Policy Act of 1985 - Amends the Federal Power Act to provide that nothing in such Act shall be construed to affect the Federal Energy Regulatory Commission's authority to approve the inclusion of the costs of construction work in progress (defined as construction of a facility used to generate electric energy) in the rate base of a public utility with respect to: (1) any pollution control facility; and (2) the conversion of oil or natural gas-fired facilities to the use of other fuels. Permits a public utility whose internal generation of funds during a test period established by the Commission is 30 percent or less of planned construction expenditures during such period to apply for the inclusion of the cost of construction work in progress in the public utility's rate base. Sets forth the items required in such an application. Requires the Commission to hold an evidentiary hearing upon receipt of an application from a public utility. Requires the Commission to approve the inclusion of the costs of construction work in progress in the utility's rate base if: (1) the facility being constructed is reasonably necessary to meet energy demands; and (2) the utility's financial condition would prevent the financing of such facility except at a cost significantly higher than the average cost of financing within the electric utility industry. Sets forth limitations on the amount of the costs of construction work in progress which may be included in a public utility's rate base. Requires public utilities to discontinue the capitalization of allowance for funds used during construction for those construction work in progress costs which are included in the rate base. Requires that revenues derived from construction work in progress be deferred from inclusion in utility rates for a certain period of time when the facility becomes used for public service.
United States · United States Congress · 21 February 1985
Expresses the sense of the House of Representatives that: (1) the President should express to the Soviet Union U.S. opposition with respect to the harassment and arrests of Hebrew teachers and Jewish activists in the Soviet Union; and (2) the Soviet Union should comply with its commitments under specified international human rights agreements and cease its persecution of individuals on the basis of their Jewish faith.
United States · United States Congress · 21 February 1985
Declares that the House of Representatives: (1) finds that the Job Corps program has been a cost-effective and successful effort to assist disadvantaged young men and women in obtaining and holding employment; (2) reaffirms its commitment to the Job Corps program; and (3) will not make or accept any reduction in the level of funding for the Job Corps program.
United States · United States Congress · 20 February 1985
Expresses the sense of the Congress that: (1) the seasonally adjusted total unemployment rate (TUR) should be used to determine the availability of extended benefits and Federal supplemental compensation of the unemployed; (2) if the seasonally adjusted TUR is not currently available for a State, an alternative method of calculating such TUR should be developed and implemented with respect to determining the availability of such benefits; and (3) the Department of Labor, Bureau of Labor Statistics, and other agencies involved with the gathering of unemployment data should take all steps necessary to improve U.S. capability to measure accurately the level of total unemployment and should recommend ways to improve current unemployment compensation benefit formulas so that such benefits are made available in areas of greatest need.
United States · United States Congress · 19 February 1985
Changes the amount a Federal employee or Member of Congress must pay to receive civil service retirement credit for certain military service. Requires such individuals to pay the same percentage of basic military pay as would have been payable had such pay been provided for civilian service.
United States · United States Congress · 19 February 1985
Amends the Peace Corps Act to declare that it is U.S. policy and a purpose of the Peace Corps to provide opportunity for service in the Peace Corps to at least 10,000 persons by the end of FY 1989 and thereafter. Directs the President to report to the Congress on plans to carry out such policy.
United States · United States Congress · 19 February 1985
Authorizes the Administrator of Veterans Affairs to provide mortage protection life insurance to certain veterans unable to obtain commercial life insurance at a standard rate because of service-connected disabilities. Establishes guidelines for such insurance regarding: (1) amount of insurance; (2) premium rates; (3) payment of insurance; and (4) policy provisions.
United States · United States Congress · 19 February 1985
Amends the Internal Revenue Code to impose a 50 percent excise tax on any "greenmail profits" paid to certain corporate stockholders. Defines "greenmail profits" as any gain realized by a four-percent shareholder of any stock in a corporation if: (1) the shareholder held such stock for a period of less than two years; and (2) during the two-year period ending on the date of the sale or exchange of such stock there was a public tender offer for such stock or a four-percent shareholder submitted a written proposal for a public tender offer. Disallows an income tax deduction for certain interest paid or accrued with respect to hostile acquisition indebtedness. Defines "hostile acquisition indebtedness" as certain subordinate obligations issued after February 18, 1985, in connection with a hostile acquisition.
United States · United States Congress · 7 February 1985
Made in America Act - Limits the total number of new imported motor vehicles that may be introduced into interstate commerce for retail sale during any calendar year after 1985 to 15 percent of the aggregate number of new domestic and imported motor vehicles that were introduced into interstate commerce for retail sale during the base year. Defines the "base year" as the second calendar year preceding a calendar year for which such restrictions are established. Directs the Secretary of Commerce to allocate the number of new imported motor vehicles among foreign vehicle manufacturers on the basis of their respective shares of the U.S. market during the base year. Requires the Secretary to determine the limits for each calendar year at least four months before the beginning of the year. Requires the Secretary to publish the limits and the allocations for foreign manufacturers in the Federal Register. Imposes civil penalties for violations of the quantitative restrictions on imports. Requires each foreign vehicle manufacturer that produces more than 25,000 new imported vehicles that were introduced into interstate commerce for retail sales during any calendar year after 1982 to provide the Secretary with production, importation, distribution, and sales information. Terminates the quantitative limitations any time after December 31, 1990, if the Secretary finds that injury to the domestic industry has been prevented or remedied. Requires the Secretary to report annually to Congress on actions taken under this Act and on the impact of this Act.
United States · United States Congress · 7 February 1985
Canadian Softwood Import Control Act - Directs the Secretary of Commerce to impose a limit on the amount of certain Canadian softwood articles (provided for in the Tariff Schedules of the United States) that may be entered into the United States for a five-year period. Sets forth a formula for determining the amount of Canadian softwood that may be entered into the United States for such period. Requires the Secretary to certify such determinations and any intra-annual adjustments to the Secretary of the Treasury. Directs the Secretary of Agriculture to investigate the relationship between softwood imports and management of the National Forest System and report the findings and recommendations to specified congressional committees.
United States · United States Congress · 7 February 1985
Economic Conversion Act - Title I: Prenotification of Base Closures and Defense-Related Contract Cancellations - Directs the Secretary of Defense, through the Economic Adjustment Committee, to notify State and local governments and regional organizations within a specified period of time of a proposed realignment or closure of a military installation or of the cancellation or termination of a defense contract or failure to proceed with an approved major weapon system program. Title II: Economic Conversion Pilot Program - Authorizes the Secretary to make grants for job retraining programs and planning for alternative production required by cancellation of defense contracts during FY 1986 through 1990. Permits one grant for each defense contract cancellation or reduction. Requires the administration of such grants at the local level by a capable unit of general local government or, through default, by the collective bargaining agents of affected employees. Directs the Secretary to make weekly assistance payments to such employees affected by a cancellation or reduction of a contract valued at $10,000,000 or more during FY 1986 through 1990. Sets forth a formula for determining the amount of such assistance, making allowances for unemployment compensation or public assistance received and health insurance coverage needed. Sets forth assistance application procedures and notification requirements. Makes available for such grants the amount of previously appropriated funds which the United States will save as a result of the cancellation or reduction of a defense contract.
United States · United States Congress · 7 February 1985
Amends the Education Assistance Act of 1980 to extend through FY 1988 the authorization of appropriations for grants to the Robert A. Taft Institute of Government in New York, New York, under the Robert A. Taft Institute Assistance Act.
United States · United States Congress · 7 February 1985
National Acid Deposition Control Act of 1985 - Title I: Acid Deposition Control and Assistance Program - Amends the Clean Air Act to mandate emission reductions and retrofit technology for the 50 fossil fuel fired electric utility generating plants which the Administrator of the Environmental Protection Agency identifies and lists as having had the largest total emissions of sulfur dioxide during the calendar year 1980. Permits the owner or operator of such a plant to substitute a fossil fuel fired steam generating unit in the same State or plant for an identified electric utility, subject to the Administrator's approval. Requires substitute units to meet certain performance standards beyond their useful lives. Requires emission limitations compliance schedules to require the use of technological systems of continuous emission reduction for each steam generating unit in the generating plant (other than steam units serving as substitutes) and the reduction of sulfur dioxide emissions to 90 percent or 70 percent of 1980 emissions levels. Determines compliance on a plantwide basis and on the basis of average annual emissions. Subjects substitute unit compliance schedules to the same requirements but evaluates compliance for the unit rather than plantwide. Directs owners or operators of listed plants and substitute units to submit a compliance schedule to the Administrator for approval. Directs the Administrator to promulgate a schedule for listed plants without an approved schedule. Requires schedules to mandate contracts for technological systems by the start of 1993, system installation by 1995, and compliance with emission standards for 1995 and subsequent years. Directs the Administrator to make available 90 percent of a system's construction and installation costs from the Acid Deposition Control Fund, Conditions payments upon minimizing rate increases to the customers of the utility. Directs the Administrator to compute each State's share of the 12 million ton reduction in sulfur dioxide emissions required within ten years of enactment of this Act. Counts a State's excess tonnage from fossil fuel fired electric utility plants and steam generating units and industrial process emitters of sulfur dioxide. Sets forth the formula for determining a State's share of total reductions using such excess tonnage. Permits States to reallocate reductions among themselves so long as total reductions meet specified requirements. Directs each State to submit a plan for Administrator approval, detailing how such State is going to reduce its share of emissions to compliance levels in ten years. Subjects States without an approved plant to back-up emission limitations which represent between a 75 and 80 percent reduction for 1980 emission levels or the national average best available control technology emissions limit for industrial process emissions. Permits States discretion in means of compliance. Sets forth fund availability conditions, including an approved State plan and funding based upon a State's share of the total required emission reductions. Allows States to use such funds to effect the requirements of this Act in whatever way the State deems appropriate. Establishes in the Treasury the Acid Deposition Control Fund to provide funding for emissions reductions from specified appropriations. Sets forth conditions and administrative provisions for such Fund. Directs the Secretary of the Treasury to report annually to the Congress on the current and five-year projected financial condition of the Fund. Imposes a fee on each kilowatt hour of electric energy generated by an electric utility in the contiguous States. Exempts electricity generated by nuclear or hydroelectric power. Directs the Administrator to make payments to utilities who provide electricity to low-income individuals in order to reduce rates for such customers. Establishes civil and criminal penalties and empowers the Administrator to bring civil actions against an electric utility in violation of the fee requirement. Terminates the fee after ten years. Directs the Administrator to carry out a demonstration project of the limestone injected multistaged burner (LIMB) technology, using limited funds. Directs the Administrator to make grants and contracts to accelerate research for developing other advanced industrial processes to reduce levels of sulfur dioxide and oxides of nitrogen. Authorizes appropriations for FY 1986 through 1991. Title II: Control of Nitrogen Oxide Emissions - Directs the Administrator to revise nitrogen oxides emissions standards for electric utility steam generating units which burn bituminous or subbituminous coal. Sets maximum subbituminous emissions at 0.30 pounds per million Btu's and maximum bituminous coal emissions at 0.40 pounds per million Btu's, based on a 30-day rolling average. Requires the Administrator to promulgate emissions standards for new, large fossil-fuel-fired steam generating units. Establishes oxides of nitrogen emissions standards for light duty trucks after model year 1987. Title III: Acid Deposition Damage Mitigation Program - Establishes a grants program for States with Administrator-approved plans for mitigating water quality damage caused by a acid deposition. Limits such grants to 80 percent of State-expended funds for mitigation. Apportions funds among the States upon the basis of need.
United States · United States Congress · 7 February 1985
Social Security COLA Trigger Reduction Act of 1985 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to reduce from three percent to one percent the amount of increase necessary in the cost-of-living index to trigger OASDI cost-of-living adjustments. Adjusts an associated reporting requirement of the Secretary of Health and Human Services.
United States · United States Congress · 7 February 1985
Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to direct the Secretary of Health and Human Services to make grants to assist States and localities in establishing and carrying out programs designed to help pregnant individuals and mothers of young children to become self-sufficient. States that it shall be the objective of each program to help achieve self-sufficiency for individuals under the age of 25 who are eligible for AFDC, who are pregnant, or who are mothers with children under the age of six, and who voluntarily elect to participate in the program by: (1) requiring such individuals to seek a high school diploma or take part in appropriate training; (2) providing each participant with academic or vocational training and job placement; (3) coordinating services available to participants; and (4) providing each participant with other services and assistance designed to meet such objective. Requires a program to meet certain requirements, including the provision of child care services, necessary transportation, and an outreach program designed to attract individuals who would be eligible for the program. Limits the size of a grant for such program to: (1) in FY 1985 and 1986, two percent of the State's AFDC Federal payment; (2) in FY 1987, three percent of such payment; and (3) in FY 1988 or any subsequent fiscal year, four percent of such payment. Directs the Secretary, in consultation with the States, to establish a systematic reporting system capable of yielding comprehensive data on which service figures and program evaluations shall be based. Directs the Secretary to annually report to the Congress, and the States to annually report to the Secretary. Authorizes appropriations.
United States · United States Congress · 7 February 1985
Amends the Internal Revenue Code to treat as a tax-exempt employee fringe benefit any transportation provided by an airline to parents of its employees.
United States · United States Congress · 6 February 1985
Prohibits any U.S. person from making or holding any investment in South Africa. Prohibits importing any article grown or produced in South Africa. Prohibits exporting to South Africa goods, technology, or other information subject to U.S. jurisdiction, except for certain medicine and medical supplies. Directs the Secretary of Transportation to prohibit landing rights for South African aircraft, except in emergencies. Prohibits importing gold coins minted in or sold by South Africa. Prohibits tax credits or deductions for any income, war profits, or excess profits taxes paid or accrued to South Africa. Directs the President to provide for enforcement of this Act. Sets forth penalties for violations of this Act.
United States · United States Congress · 6 February 1985
Amends the National Traffic and Motor Vehicle Safety Act of 1966 to revise restrictions on certain imported vehicles that do not conform to Federal standards. Authorizes the Secretary of Transportation to exempt certain motor vehicles or equipment from such restrictions for purposes of research, investigation, study, demonstration, training, national security, competitive racing events, or completion in the United States of an incomplete foreign-built vehicle or equipment item. Authorizes the Secretaries of Transportation and of the Treasury to promulgate joint regulations which authorize the importation of non-conforming vehicles or equipment if an individual has never imported such a vehicle before and seeks to do so for personal use to meet unforeseen cases of extreme hardship or extraordinary circumstances.
![Official portrait of Rep. Oberstar, James L. [D-MN-8]](https://www.congress.gov/img/member/o000006_200.jpg)