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United States · Official source
2,748 records where Rep. Torres, Esteban Edward [D-CA-34] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 4 June 1985
Designates August 14, 1985, as Social Security Day and the week of August 11 through August 17, 1985, as Social Security Week. Authorizes and requests the President to commemorate August 14, 1985, as the 50th anniversary of the Social Security Act.
United States · United States Congress · 22 May 1985
Authorizes the President, on behalf of the Congress, to present gold medals to Jan Scruggs, Robert Doubek, and Jack Wheeler, in recognition of their tireless efforts to give the Vietnam Veterans Memorial to the Nation. Directs the Secretary of the Treasury to sell bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 22 May 1985
Korean War Veterans Memorial Act of 1985 - Authorizes the American Battle Monuments Commission to erect a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. armed forces who served in the Korean war. Subjects the selected site, design, and plans for the construction of such memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission. Directs that, upon its completion, the memorial shall be turned over to the Department of the Interior which shall then be solely responsible for its maintenance. Authorizes appropriations.
United States · United States Congress · 22 May 1985
Designates June 12, 1985, as Anne Frank Day.
United States · United States Congress · 21 May 1985
Superfund Expansion and Protection Act of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to include among hazardous substances subject to such Act any petroleum released from an underground storage tank. Includes pollutants and contaminants under Superfund, defining them as any substance which after release into the environment causes disease or abnormalities upon exposure or assimilation, either directly or through the food chain. Excludes petroleum and natural gas except as otherwise indicated under CERCLA. Redefines "release" to include the abandonment of containers containing hazardous substances or pollutants, or contaminants. Includes within remedial action the offsite transport and treatment and storage of hazardous substances and associated contaminated materials. Includes within removal costs the costs of permanent relocation of residents, business debt installments during the evacuation period, and assistance for lost wages. Directs the Administrator of the Environmental Protection Agency (EPA) to establish reportable quantities for all hazardous substances within six months of this Act's enactment. Requires the Administrator to conduct periodic audits of reported releases and report to the Congress at least annually on such audits. Directs the Administrator to give primary attention to those releases which may present a public health threat. Permits the Administrator to authorize cleanup by the responsible party if the Administrator determines it will be done properly. Prohibits the Administrator from providing removal or remedial actions for releases or threatened releases which are the product of naturally occurring processes, are in a facility of which such substance forms a structural part, or are the result of ordinary use deterioration in a drinking water system. Permits the Administrator to respond despite such prohibition if a public health or environmental emergency exists and no other authority can respond in a timely and competent fashion. Requires removal actions undertaken by the Administrator to contribute to any long-term remedial action necessary for a release or potential release. Requires the Administrator to assess the health effects associated with such release. Exempts response action contractors from liability for any damages caused by a release in the absence of negligence. Limits the 50 percent State cleanup obligation to those facilities which are both owned and operated by the State. Credits States with expenditures made at National Priorities List (NPL) sites on cost-eligible response actions. Revises other State cost-sharing measures. Requires the Administrator to select appropriate cost-effective remedial actions in accordance with the National Contingency Plan, (NCP). Requires remedial actions selected to provide permanent solutions when feasible. Requires the Administrator to provide interim measures which protect human and environmental health until a permanent solution becomes feasible. Requires these Interim Category sites on the NPL to be reviewed at five-year intervals for removal to the NPL when a feasible, permanent solution is possible. Requires a standard of control at least as strict as that provided by any other applicable Federal environmental law such as the Clean Water Act. Requires onsite disposal to be in compliance with the relevant provisions of the Solid Waste Disposal Act. Requires offsite disposal to be made only at facilities in compliance with such Act. Permits the waiver of such requirements as specified. Grants EPA employees or contractors the necessary access to facilities and information to determine if the need for a response action exists. Requires the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to develop toxicological profiles for at least 100 hazardous substances, assessing the current state of knowledge of their deleterious effects. Sets forth a schedule for developing such profiles, funding the process out of Superfund monies. Prescribes a cleanup schedule for Superfund, requiring an evaluation by January 1, 1987, of sites on the Emergency Response and Remedial Investigation System (ERRIS) list for possible inclusion on the NPL. Sets a schedule for the conduct of remedial investigations and feasibility studies (RIFS) for NPL sites, requiring the commencement of remedial action at a rate of not fewer than 150 facilities per year. Requires completion of remedial action within five years of this Act's enactment, requiring published explanations of noncompletions. Directs the Administrator to revise the National Contingency Plan (NCP) within 18 months to reflect this Act's amendments. Authorizes individuals to petition the Administrator for a preliminary assessment of a hazardous substance release. Includes human food chain damage and contamination of the ambient air as factors in the hazard ranking system. Eliminates the requirement that the NPL contain at least 400 sites. Permits a State to designate its highest priority facility on the NPL only once. Directs the Administrator to revise abatement action provisions to comply with this Act. States that there is no judicial review of abatement action orders other than orders enforcing such orders or recovery of penalties and punitive damages. Prohibits the subsequent storage of a hazardous waste at a solid Waste Disposal Act site if such waste has leaked sufficiently to require an abatement action and a certain density of population has been or may be affected. Makes certain investigatory and assessment costs recoverable from the responsible party. Exempts from liability for all but negligent actions of government agencies responding to a hazardous substance emergency. Prohibits the Attorney General from representing any Federal agency other than EPA who may be a defendant in a civil environmental action brought by EPA. Presumes the validity of federally- or State-run lab tests. Permits apportionment of damages among parties. Makes liability for abatement actions strict, joint, and several. Permits defendants to bring contribution actions against other, potential defendants. Makes a party to a judically-approved settlement not liable for claims for contribution. States that cleanup costs incurred in a response action constitute a Federal lien against the property of a responsible party. Sets forth evidentiary requirements for establishing financial responsibility. Permits direct action against a financial guarantor if the person liable is financially or physically unavailable for redress. Entitles such a guarantor to all rights and defenses available to the liable party. Limits the liability of such guarantor to its financial responsibility to the responsible party. Authorizes appropriations to the Hazardous Substance Superfund of not more than $2,020,000,000 for each of FY 1986 through 1990. Authorizes $250,000,000 out of general revenues. Prohibits the use of Superfund monies to satisfy claims for natural resources damage. Requires the Inspector General to audit annually the use of Superfund monies. Requires claims for response costs to first be made to the responsible parties or financial guarantor. Sets forth procedures for claim payment. Establishes a three-year statute of limitations for the initiation of actions for contribution for recovery claims for damages to natural resources. Establishes a six-year statute of limitations for cost recovery actions setting forth special rules for minors and incompetents. Requires the promulgation of natural resource assessment damage claims regulations within six months of this Act's enactment. Authorizes nationwide service of process under CERCLA. Authorizes a State to require contributions to a fund to pay the costs of hazardous substance response actions or damages. Requires the Administrator of EPA to provide a reasonable opportunity for public comment on any proposed plan for remedial action before it is implemented. Requires the Administrator to publish an explanation of any divergences from such plan or public comments. Authorizes the Administrator to make assistance available to affected individuals to help them evaluate and assess technical information and data. Authorizes individuals to petition the Administrator of EPA for a health assessment of a site where evidence of human exposure to hazardous substances exists. Requires the Administrator to either initiate a health effects study or publish an explanation of a determined lack of significant risk. Requires the Administrator to provide alternative household water, relocate individuals, or take such measures as may be necessary to eliminate the risk. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored for one year or more. Holds responsible parties strictly, jointly, and severally liable in State court actions for personal damages caused by exposure to any hazardous substance release. Establishes a three-year statute-of-limitations for such actions, setting forth special rules for minor and incompetents. Title II: Miscellaneous Provisions - Authorizes citizen suits against violators of this Act, including the Administrator and other government officials who have failed to perform nondiscretionary duties. Permits citizen suits against nongovernment officials in the Federal district court in which the violation occurred. Permits citizen suits against any Federal official only in U.S. District Court for the District of Columbia. Empowers such courts to impose civil penalties and to order the performance of required acts. Requires plaintiffs to give notice to the Administrator, the alleged violator, and the State in which the violation occurred before commencing proceedings. Prohibits citizen suits where the Administrator has commenced and is pursuing an enforcement action. Permits the awarding of court costs to the substantially prevailing party. States that the United States may intervene as a matter of right in all citizen suits to which it is not otherwise a party. Requires the Administrator to commence a study on the adverse effects of drilling fluids, produced waters, and other wastes associated with the production of crude oil or natural gas on human health and the environment within six months of this Act's enactment. Requires the Department of Transportation to promulgate regulations requiring shippers to notify transporters whenever hazardous substances are offered for transport. Increases criminal penalties and adds certain civil penalties for violations of this Act, including failure to provide accurate information at specified times. Requires the Federal Government to provide assurances that it will pay a share of the remedial action and maintenance costs of a cleanup on Indian lands that is otherwise required to be made by a State. Authorizes Indian tribes to recover damages for injury to natural resources from hazardous substance releases, except as specified. Includes Indian tribes on the same basis as States under certain provisions of CERCLA. Terminates the Post-closure Liability Trust Fund's responsibility to fund the cleanup of already closed sites where hazardous waste was stored in compliance with the Solid Waste Disposal Act. Title III: Community Right to Know and Emergency Planning - Amends the Toxic Substances Control Act by adding a new title II concerning the communities' right-to-know, emergency planning, and liability. Requires each covered manufacturer, distributor, user, and importer of a sheet for such substance for distribution to local police, fire, and health officials. Requires the fact sheet to include the name, physical properties of, and hazards posed by the substance, including potential routes of human exposure to such substance, symptoms of such exposure, and appropriate emergency and first aid procedures. Requires status sheets on the same basis as fact sheets, with each status sheet to include the maximum inventory and method of storage of the substance, the quantity of its emission into the environment, and the quantity and method of disposal. Requires the releasor of a covered hazardous substance in an emergency situation to provide an emergency bulletin to the State and local police and other local officials. Requires the bulletin to identify the name and amount of the substance released and the response actions taken. Requires fact and status sheets and emergency bulletins to be made available for public inspection with public notice of such availability at the facility of the potential releasor. Requires the Administrator to publish a uniform format for fact and status sheets. Authorizes a State's Governor to identify local officials to receive covered hazardous substance release information, with the Administrator doing so in the absence of the Governor's identification. Requires the potential releasors to maintain records of information required by this Act. Requires manufacturers or importers to transmit fact sheets to covered distributors or users upon shipping of a covered hazardous substance. Provides protection for trade secrets while continuing to make necessary information available to the appropriate persons. Excludes listed or possible carcinogens from such protection. Sets forth application and substantiation procedures for trade secret claims. Permits affected citizens or government officials to compel disclosure of nonsubstantiated trade secrets through the Federal courts. Authorizes the Administrator to grant exemptions from the basic notification requirements of this Act through specified procedures open to the public based upon a cost-benefits analysis where there is no reasonable likelihood of harm. Directs each covered major manufacturer to develop within two years of the enactment of this Act a comprehensive evacuation and emergency response plan which addresses the health and safety issues applicable to such manufacturer's particular situation. Requires the plan to include designations of the appropriate government officials to be notified, mitigation measures, evacuation routes, notification plans, and evaluation of community support services. Authorizes each Governor to designate emergency response districts within 18 months of the enactment of this Act or the Administrator will do so. Permits each Governor to appoint an Emergency Response Committee per district or the Administrator will be treated as such Committee. Requires such Committees to review the manufacturers' plans, revising them where necessary. Directs the Administrator within 18 months of the enactment of this Act to develop uniform national mandatory labeling requirements for pipes, storage tanks, or containers not otherwise required to be labeled which could reasonably be presumed to release a covered hazardous substance. Requires the label to indicate the appropriate response to a release. Directs the Administrator to designate covered major manufacturers for emergency response purposes within one year of the enactment of this Act. Limits the designation to those whose substances would pose an imminent and substantial danger to health and the environment if released in significant quantities. Includes all persons covered under this Act in lieu of such designations. Includes Federal departments as potentially covered major manufacturers. Exempts those whose emergency activities are sufficiently covered under other Federal or State law. Sets forth categories of substances to be considered covered hazardous substances and procedures for adding additional substances. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to compile and update a digest of all such substances. Exempts certain substances for this Act's purposes, based upon the form, amount, and other regulation of such substances. Establishes civil and criminal penalties, limiting criminal penalties to the knowing violation of emergency requirements. Authorizes citizens' suits to enforce this Act. Permits States to adopt more stringent right-to-know standards in the workplace context and emergency response requirements. Permits State and local governments to impose fees upon potential releasors to cover administrative costs. Title IV: Internal Revenue Code Provisions - Imposes taxes of $1,077,000,000 for each of FY 1986 through 1990 for deposit in the Hazardous Substance Response Trust Fund.
United States · United States Congress · 21 May 1985
Amends the Higher Education Act of 1965 to add a new title XII, University-High School Partnerships. (Redesignates the current title XII as title XIII.) Authorizes appropriations for FY 1986 through 1990 for the new title XII, to encourage partnerships between institutions of higher education and secondary schools serving low-income students in order to support programs that: (1) improve the academic skills of secondary school students; (2) increase their opportunity to continue a program of education after high school; and (3) improve their prospects of employment after high school. Requires, for purposes of eligibility for a title XII grant, an institution of higher education and a local education agency to enter into a written partnership agreement. Allows the partnership to include businesses, labor organizations, professional associations, community-based organizations, or other private or public agencies or associations. Requires all partners to sign the agreement. Requires the agreement to include a listing of all participants in the partnership, a description of their responsibilities, and a listing of the resources to be contributed by them. Directs the Secretary of Education to reserve 65 percent of title XII funds for programs operating during the regular school year and 35 percent for summer programs. Limits the amount of such a grant to between $250,000 to $1,000,000. Allows the partnership to use the grant for programs that use college students to tutor high school students and that improve high school students' basic academic skills, their understanding of specified subjects, opportunity to continue a program of education after graduation, and their prospects for employment after graduation. Directs the Secretary, in making such grants, to give preference to: (1) programs which will serve predominantly low-income communities; (2) partnerships which will run programs during the regular school year and the summer; and (3) programs which will serve educationally disadvantaged students, potential dropouts, pregnant adolescent and teen parents, or the gifted and talented. Sets forth grant application requirements. Limits the Federal share of the cost of the project to no more than 70 percent in the first year, 60 percent in the second year, and 50 percent in the third year and any subsequent year.
United States · United States Congress · 14 May 1985
Designates October 1985 as Learning Disabilities Awareness Month.
United States · United States Congress · 8 May 1985
Expedited Funds Availability Act - Requires the Board of Governors of the Federal Reserve System to begin to develop a system to provide that: (1) funds deposited by checks drawn on a local depository institution shall be available for withdrawal the next business day following the day of deposit; and (2) for all other checks, not more than three business days shall pass between the day of deposit and the day on which the funds become available. Requires such system to be implemented no later than five years after the date of enactment of this Act. Requires the Board, not later than six months after the date of enactment of this Act and annually thereafter until such goal is achieved, to report to the Congress concerning the actions it has taken. Sets forth time standards for expedited check clearing in any case in which funds are deposited by check in an account at a depository institution. Requires cash deposits to be available on the next business day. Makes exceptions to such standards with respect to: (1) checks drawn on a depository institution or an office of a depository institution located outside of the United States; (2) deposits of checks aggregating more than $5,000 in any account on any business day, excluding cashier's and certified checks beginning two years after enactment of this Act; (3) deposits made by new depositors within the first 30 days after opening an account, excluding cashier's and certified checks beginning two years after enactment of this Act; (4) any account that is overdrawn three times in six months; and (5) emergencies beyond the control of the depository institution. Permits a State to require, or a depository institution to provide for, shorter time periods for deposit availability. Requires interest to accrue on funds deposited in interest-bearing accounts beginning on the business day of deposit. Requires a depository institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by check. Authorizes the Board to publish model disclosure forms and clauses for common transactions. Directs the Board to establish a Payments System Advisory Council to advise and consult with it in the exercise of its functions under this Act. Sets forth provisions governing: (1) the administrative enforcement of this Act; and (2) the civil liability of institutions that fail to comply with this title.
United States · United States Congress · 8 May 1985
Authorizes the Society of the Third Infantry Division to erect a memorial on public grounds in the District of Columbia or its environs in honor of the men of the "Rock of the Marne" of the Third Infantry Division who served in both World Wars, Korea, and maintaining peace. Authorizes the Secretary of the Interior to select a site for the memorial subject to the approval of the National Commission of Fine Arts, the National Capital Planning Commission, and, under certain circumstances, the Mayor of the District of Columbia. Subjects the design and plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Directs that the maintenance and care of the memorial shall be the Secretary's responsibility unless the memorial is on public grounds under the jurisdiction of the District of Columbia in which case such duties fall on the District of Columbia. Provides that funds of the United States or the District of Columbia may not be used to erect the memorial. Directs that the authority to establish the memorial is contingent upon its erection beginning within five years with funds sufficient to ensure its completion.
United States · United States Congress · 8 May 1985
Fair Share Minimum Tax Act of 1985 - Amends the Internal Revenue Code to provide for a single alternative minimum tax for both individuals and corporations. Imposes such tax on taxpayers having alternative minimum taxable income in excess of $70,000. Sets the amount of such tax at the excess of: (1) five-sixths of one percent for individuals or five-sixteenths of one percent for corporations for each $1,000 by which alternative minimum taxable income exceeds $70,000; over (2) the regular tax for the taxable year. Phases-out the deduction for individuals for alternative minimum tax itemized deductions by two percent for each $1,000 that minimum taxable income exceeds $100,000. Limits the itemized deduction for housing interest to interest paid for principal residences and allows an itemized deduction for State and local income and real property taxes. Repeals provisions relating to the present minimum tax on corporations. Modifies provisions relating to items of tax preference to provide that: (1) all depreciable property regardless of whether subject to a lease shall be included as a tax preference item; (2) present class life rather than accelerated cost recovery periods must be used for depreciable property; and (3) the net income offset for intangible drilling costs shall be disallowed. Adds as items of tax preferences for all taxpayers: (1) interest from newly issued tax-exempt securities; (2) gain on installment sales; (3) income attributable to life insurance, annuity, or endowment contracts; (4) net losses from activities in which an individual is not a material participant; and (5) certain deductions of life insurance companies. Provides that tax preferences which presently apply to personal holding companies shall apply to all corporations. Revises the method of calculating the tax preference for bad debt reserves and interest on debt to carry tax-exempt obligations for financial institutions. Adds as items of tax preference for corporations: (1) exempt foreign trade income; (2) deposits in, and earnings on, certain maritime construction funds; and (3) income received under completed contract accounting. Adds as items of tax preference for individuals: (1) untaxed portions of social security benefits; (2) earned income of citizens and residents living abroad; (3) the increase in nonforfeitable pension benefits; (4) the deduction for two-earner married couples; (5) health-related benefits excluded from gross income; and (6) employer contributions to group term life insurance. Revises requirements for the election to avoid minimum tax on qualified expenditures. Sets forth effective dates and transitional rules.
United States · United States Congress · 7 May 1985
Council on Industrial Competitiveness Act - Establishes in the executive branch an independent agency to be known as the Council on Industrial Competitiveness. Requires the Council to: (1) gather and analyze information regarding the competitiveness of U.S. industries; (2) create an institutional forum where national leaders will identify economic problems inhibiting the competitiveness of industries, develop long-term strategies to address those problems, and create broad consensus in support of those strategies; and (3) make recommendations on issues crucial to the development of coordinated industrial strategies. Directs the Council to examine and make available to the public all international agreements on foreign trade that have been agreed to by the United States. Directs the Council to monitor, and maintain public records regarding, the effect of imports on domestic industries. Requires the Council, not later than one year after the date of enactment of this title, to transmit a report to the Congress and the President containing recommendations for changes in any Federal policy necessary to implement effective industrial strategies. Requires the Council to make annual reports concerning the major industrial development priorities of the United States. Authorizes appropriations.
United States · United States Congress · 7 May 1985
Field Office Closing Justification Act - Requires executive agencies (except the General Accounting Office and the Department of Defense) to report to the Congress prior to any personnel action respecting an employee assigned to any field office which is incidental to a reorganization of such field office. Describes such personnel action as removal, reduction in grade or pay, involuntary reassignment, or furlough.
United States · United States Congress · 7 May 1985
Allowable Cost Reform Act - Requires that a contract with the Department of Defense for an amount more than $25,000 that is flexibly priced or for which certain cost or pricing data is required must: (1) disallow certain costs; and (2) impose a penalty on a contractor who submits a claim for reimbursement of such a cost. Provides that the following costs are disallowed under such a contract: (1) costs of amusement and social activities; (2) costs incurred to influence action on legislation or appropriation matters pending before the Congress; (3) costs of the defense of any fraud proceeding; (4) fines and penalties imposed for noncompliance with Federal, State, or local laws and regulatons; (5) costs of memberships in any social or dining club or organization; (6) alcoholic beverages; (7) contributions or donations; (8) advertising; and (9) models, gifts, souvenirs, or other memorabilia. Requires the Secretary of Defense to issue regulations concerning the allowability of contractor costs. Requires the Secretary to submit to the House and Senate Armed Services Committees a report identifying: (1) the nature of the proposed changes to be made to current cost principles; and (2) the potential effect of such changes on future requests for reimbursement of contractor costs. Requires the Secretary to allow resolution of challenged expenses by negotiation and settlement. Requires the Secretaries of the military departments and the Directors of the Defense Agencies to prescribe regulations to limit to five years the duty assignment for certain contracting officials to any particular contractor.
United States · United States Congress · 30 April 1985
Truth in Savings Act - Requires each advertisement, announcement, or solicitation made by any depository institution regarding the rate of interest payable on any account to: (1) state the annual percentage yield and the method of compounding interest; (2) state the annual rate of simple interest and the period such interest is in effect; (3) state the frequency of interest payments; (4) give equal prominence to all annual percentage yields and annual rates of simple interest; and (5) include specified statements explaining how fees and penalties could affect the annual yield and how the yield on accounts which mature in less than one year is determined on the basis of compounding for an entire year. Requires the annual percentage yield to be stated before the annual rate of simple interest. Requires an institution to give a person a written summary of such information concerning an offered account upon request. Requires each depository institution to maintain a written schedule of all fees, charges, and terms and conditions applicable to each type of account and service routinely offered. Requires that such schedule be disclosed to potential customers and requesting individuals and mailed to account holders. Directs the Board of Governors of the Federal Reserve System to prescribe: (1) uniform terminology to be used by depository institutions to describe interest rates and other terms affecting account earnings; and (2) uniform methods of calculating annual rates of simple interest and annual percentage yields. Provides for the enforcement of this Act.
United States · United States Congress · 30 April 1985
Comprehensive Alzheimer's Assistance, Research, and Education Act of 1985 - Title I : Amendment to the Public Health Service Act - Amends the Public Health Service Act to establish a National Alzheimer's Education Program to: (1) coordinate education and training programs of the National Institutes of Health (NIH), the Veterans Administration, other Federal entities, State and local governments, and private organizations; (2) establish an information clearinghouse; (3) provide information to health care providers, organizations, patients, and the general public; and (4) provide technical assistance to States and public and private organizations in the collection and dissemination of information. Authorizes appropriations for FY 1986 through 1988 for such purposes. Directs the Secretary of Health and Human Services to make grants to States to plan, establish, and operate programs to: (1) coordinate the development and operation of diagnostic, treatment, care management, respite care, legal counseling, and education services provided by public and private organizations within the State; (2) provide respite care to patients with Alzheimer's disease and related disorders; (3) provide information to health care providers, organizations, and the general public on treatment and related services for patients and their families; (4) coordinate the development and operation of continuing education for health care providers on the diagnosis, treatment, and care management of Alzheimer's disease and related disorders; (5) review State policies on the financing and reimbursement of health care costs for such patients; (6) review State nursing home regulations as they apply to such patients; and (7) coordinate with the National Alzheimer's Education Program. Limits Federal grants for such programs to the lesser of one half the cost or $1,000,000. Authorizes appropriations for FY 1986 through 1988. Directs the Secretary to establish a plan for a research program for the study of Alzheimer's disease and related disorders. Directs the Secretary to make grants and enter into contracts with public and private entities for ten to 20 Alzheimer's disease research centers. Authorizes appropriations for FY 1986 through 1988. Provides for the recovery from Alaska of Federal grants provided under the Public Health Service Act if within 20 years from the date of completion of a medical facility, such facility ceases to be a publicly owned facility operated for the care or treatment of patients under Alaska's mental health program. Title II: Medicare and Medicaid Research, Demonstrations, and Waivers - Directs the Secretary to conduct research, waiver, and demonstration projects under the Medicare and Medicaid provisions of the Social Security Act to determine the: (1) coverage of alternative methods of health care for patients with Alzheimer's disease and related disorders; (2) coverage of nursing home care; and (3) appropriate reimbursement levels for nursing homes with such patients. Title III: Report - Directs the Secretary to report to the Congress within two years after the date of enactment.
United States · United States Congress · 30 April 1985
Designates August 18, 1985, as National Flowers-by-Wire Day.
United States · United States Congress · 29 April 1985
Multilateral Development Bank Act of 1985 - Title I: Special Facility for Sub-Saharan Africa - Amends the International Development Association Act to direct the Secretary of the Treasury to pay specified amounts to the Special Facility for Sub-Saharan Africa administered by the International Development Association. Authorizes appropriations. Title II: African Development Fund - Amends the African Development Fund Act to authorize the U.S. Governor of the African Development Fund to contribute a specified amount to the Fund. Authorizes appropriations to pay for such contribution. Title III: International Bank for Reconstruction and Development - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Bank for Reconstruction and Development to vote for an increase in the authorized capital stock of the Bank and to subscribe on behalf of the United States to a specified number of additional shares of such stock. Authorizes appropriations to pay for such shares. Title IV: International Finance Corporation - Amends the International Finance Corporation Act to authorize the U.S. Governor of the International Finance Corporation to vote for an increase in the authorized capital stock of the Corporation and to subscribe on behalf of the United States to a specified number of additional shares of such stock. Authorizes appropriations to pay for such shares. Title V: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 29 April 1985
Designates the week beginning on April 13, 1986, as National Garden Week. Urges the wearing of garden flowers during that week as a symbol of appreciation for the contributions of the Nation's gardeners.
United States · United States Congress · 25 April 1985
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include within the definition of "remove and removal" the cost of permanent relocation of residents where it is determined that such permanent relocation is cost effective or may be necessary to protect health or welfare. Provides that expenses related to evacuation and housing for families and individuals includes the payment of the principal and interest on the home mortgage which accrues between the date of evacuation and temporary relocation and the date on which the temporary relocation ceases and payment of those costs necessary to meet the serious needs of such individual or family arising from the adverse effects of the evacuation or temporary relocation. Provides that expenses related to evacuation of businesses includes the payment of those installments or principal and interest on business debt which accrue between the date of evacuation and relocation 30 days following the date of permanent relocation or the date on which temporary relocation ceases. Permits assistance for unemployed individuals as a result of an evacuation or relocation. Provides compensation for injury from exposure to certain hazardous substances. Permits individuals who allege that they have sustained damages for which compensation payable under this Act to file an application for such compensation with the Administrator of the Environmental Protection Agency (EPA). Directs the Administrator to pay compensation to individuals who establish by a preponderance of the evidence that they have suffered physical injuries or illnesses which were caused by an exposure to a hazardous substance: (1) from a facility or site where it was stored, treated, or disposed of; or (2) during transportation to such a facility or site. Directs the Administrator to pay compensation to dependents of deceased individuals if such dependents establish to the satisfaction of the Administrator that the death of such deceased individual was caused by any such exposure. Provides that compensation to individuals who have suffered a physical injury or illness shall consist of: (1) a payment or reimbursement for all medical costs incurred in connection with the physical injury, illness, or death concerned; and (2) an amount equal to two-thirds of the injured, ill, or deceased person's earnings which are lost by reason of the physical injury, illness, or death. Limits such compensation for loss of earnings to $2,000 per month. Provides that compensation to dependents shall be equal to such compensation for medical costs and loss of earnings, plus reasonable burial expenses. Directs the administrator to: (1) promulgate rules regarding equitable allocation of compensation payable where there are two or more dependents; and (2) compute the amount of compensation to be awarded to any applicant and determine the method, terms, and time of payment. Provides that payments made under this Act shall be charged against amounts available in funds established under this Act (i.e. the Victims Compensation Trust Fund or, where the Administrator determines that the exposure was attributable to a facility which had received a permit under hazardous waste management provisions of the Solid Waste Disposal Act, the Post-Closure Victims Trust Fund). Provides that claims against either of such funds which are in excess of the total money in the fund concerned shall become valid and shall be paid in the same manner as provided under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Sets forth procedures for determination of claim payments. Directs the Administrator to: (1) use the procedures used by the Secretary of Health and Human Services in determining entitlement to disability insurance benefit payments; and (2) arrange with the Secretary to use the personnel and office of the Social Security Administration for administration and determination of claims filed under this Act. Sets forth provisions relating to presumption of causation. Sets forth factors relevant to the issues of causation. Sets forth requirements relating to medical tests, examinations, and other investigations, and to hearings with respect to such claims. Requires that, whenever such a claims payment is made to an applicant, the United States be: (1) subrogated to the rights of such applicant under any other provisions of law (including provisions of this Act relating to the liability of certain persons) for the full amount of such payment; and (2) entitled to recover all administrative and adjudicative costs and attorneys fees incurred by the United States by reason of the applicant's claim. Directs the Attorney General to protect and enforce such rights of subrogation. Requires that amount thus recovered by the United States be deposited in the funds established under this Act, as may be appropriate based on the source of the funds used to pay the claim involved. Sets forth provisions for judicial review of final determinations made by the Administrator under this Act. Sets forth provisions for recovery of an additional amount in a subsequent claim by an individual who establishes that an additional physical injury or illness: (1) was caused by such exposure; and (2) was not known to the individual at the time the prior claims application was made. Prohibits entitlement to compensation in the case of any applicant who, by action or inaction, intentionally causes or contributes to the injury, illness, or death on which the claim is based. Sets forth conditions for such prohibition. Provides that, with certain exceptions, any person who is responsible for the release of a hazardous substance from a facility is strictly liable, jointly and severally, for: (1) all damages for actual economic loss and (2) all damages for death, personal injury or disease. Precludes liability for damages resulting from the release of a pollutant or contaminant which is not a hazardous substance. Provides that there is no liability under this Act for death, personal injury, or disease of an employee which is compensable under provisions of State law as an injury or disease arising out of and in the course of employment. Subjects the liability of a political subdivision to the limits imposed by state law. Exempts any person who accepts only household refuse for transport to a treatment or disposal facility from liability under this Act for the release or threatened relase of hazardous substances unless he knew or reasonably should have know that the hazardous substance was present in the refuse. Provides that a defense to liability may be that the release or threatened release of the hazardous substance was caused by: (1) an act of God: (2) an act of war; (3) an act of vandalism or sabotage; or (4) an act or ommission of a third party or the plaintiff. Treats the intervening acts of public agencies in the release or threatened release of a hazardous substance as removing the responsibility for the release of the hazardous substance from the persons responsible for the release. Considers releases of hazardous substances subject to certain permits or standards or pursuant to the Federal post-closure fund to be a defense to liability under these provisions. Provides that rendering assistance in response actions to any release or threatened release of a hazardous substance will be considered a defense to liability. Requires the person claiming a defense to liability to prove all elements of the defense by the preponderance of the evidence. Prohibits a court, in an action to recover damages for death, personal injury, or disease arising out of the release of a hazardous substance, from directing the verdict against the plaintiff if the plaintiff produced evidence sufficient to find that: (1) the defendant is a person who is responsible for the release; (2) the plaintiff was exposed to the hazardous substance; (3) the release could reasonably have resulted in plaintiff's exposure to the substance in the amount and duration experienced by the plaintiff, and (4) the death, injury, or disease suffered by the plaintiff is caused or significantly contributed to by exposure to the hazardous substance in an amount and duration experienced by the plaintiff. Permits the trier of fact to apportion liability among the parties involved in the action. Sets forth factors to be considered in apportioning liability. Permits a party who establishes his proportionate share of the aggregate liability to seek appropriate contribution from other persons sharing such liability. Prohibits any owner or operator of a facility or any other person who may be liable under this Act to avoid that liability by means of any conveyance of any right, title, or interest in real property or by an indemnification, hold harmless agreement, or similar agreement. Establishes a ten year statute of limitations for bringing suit for damages under this Act. Sets forth factors the court may use in determining when the cause of action accrues. Provides that nothing in these provisions should be construed to abolish or diminish any remedy or affect the right of any person to bring a legal action or use any remedy available under any other provision of state or federal law to recover for personal injury, disease, economic loss or response cost arising out of a release of any hazardous substance, or for removal or the cost of removal of that hazardous substance. Prohibits recovery of damages pursuant to these provisions and another law. Permits the awarding to the prevailing party any costs, disbursements, and reasonable attorney fees and witness fees. Establishes the Victims Compensation Trust Fund in the Treasury. Appropriates to such fund amounts determined by the Secretary of the Treasury to be equivalent to: (1) the amounts received in the Treasury under the additional environmental taxes; and (2) the amounts recovered on behalf of such fund and penalties assessed under this Act. Authorizes appropriations to such fund for FY 1986 through 1992. Sets forth administrative provisions and requirements relating to expenditures from such fund. Establishes the Post-Closure Victims Trust Fund in the Treasury. Sets forth administrative provisions and requirements for expenditures from such fund. Amends the Internal Revenue Code to impose additional environmental taxes on petroleum and certain chemicals. Provides that such taxes shall be imposed until the earlier of: (1) September 30, 1990; or (2) the date on which the total amount received in the Victims Compensation Fund through such taxes and through specified other sources totals a specified amount. Amends the Internal Revenue Code to impose an additional environmental tax on the receipt of hazardous waste at a qualified hazardous waste disposal facility. Provides that such tax shall apply to such receipt after September 30, 1985. Provides that if, as of September 30 of any subsequent calendar year, the unobligated balance of the Post-Closure Victims Trust Fund exceeds a specified amount, such tax will not be imposed during the following calendar year.
United States · United States Congress · 25 April 1985
Housing Counseling for the Mentally Ill Act of 1985 - Authorizes States and local governments to use specified community development and alcohol, drug abuse, and mental health services block grant funds to provide housing counseling and periodic evaluations for individuals released from residential facilities for the mentally ill. Requires periodic reports on the use of such funds.
United States · United States Congress · 24 April 1985
Korean War Memorial Act - Directs the Secretary of the Interior to erect and maintain a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. armed forces who served in the Korean War. Subjects the selected site, design, and plans for the construction of such memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission. Authorizes appropriations.
United States · United States Congress · 24 April 1985
Designates November 30, 1985, as National Mark Twain Day.
United States · United States Congress · 24 April 1985
Establishes in the legislative branch of the Government the Perot Commission on Americans Missing in Southeast Asia to conduct an investigation and report to the Congress its findings with respect to the existence and the release of prisoners of war in Southeast Asia. Sets forth specified administrative procedures and powers of the Commission. Requires the Commission to terminate 30 days after the filing of its report to the Congress or on January 3, 1987, whichever occurs first.
United States · United States Congress · 18 April 1985
Coastal Zone Management Reauthorization Act of 1985 - Amends the Coastal Zone Management Act of 1972 to direct the Secretary of Commerce to reduce financial assistance extended to a coastal State in certain circumstances. Establishes the National Estuarine Sanctuary Reserve System (the System). Authorizes the Secretary to designate an estuarine area as a national estuarine research reserve upon certain findings. Requires the Secretary to develop guidelines for research within the System. Requires the Secretary to promote and coordinate the utilization of such reserves. Authorizes the Secretary to make grants to coastal States for acquisition or operation of such reserves or to a coastal State or other entity to support research and monitoring within a reserve. Sets per-reserve grant limits. Directs the Secretary to periodically evaluate the operation and management of each reserve and its research. Authorizes the Secretary to suspend a reserve from eligibility for financial assistance or withdraw its designation as a national reserve upon certain findings. Requires an annual report, beginning with FY 1986, by the Secretary to the Congress concerning such reserves. Repeals Federal provisions which establish: (1) research and technical assistance grants for coastal zone management; and (2) the Coastal Zone Management Advisory Committee and certain other positions. Adjusts the authorization of appropriations for administrative grants to States for coastal resources management programs and for the establishment of national estuarine sanctuaries.
United States · United States Congress · 17 April 1985
Amends the Internal Revenue Code to establish an applicable test rate of nine percent for determining whether there is imputed interest in the case of seller-financed property. Permits a lower test interest rate of 80 percent of the Federal Treasury rate where such rates are lower than the nine percent test rate. Provides for a blended test rate for instances where the loan amount exceeds $4,000,000. Provides that in determining whether wraparound financing meets such testing rate, the test shall be applied to the net rate of interest on the seller's equity in the financing after deducting the existing third party financing. Authorizes the imputation of interest in seller-financed property sales of $4,000,000 or less of ten percent or 90 percent of the Federal Treasury rates, whichever is less, where the test interest rates have not been met. Allows for a blended imputed interest rate where the debt amount exceeds $4,000,000. Requires that all loan amounts from a single transaction or series of related transactions be aggregated for purposes of determining the loan amount. Provides that the imputed interest rules will not apply to assumptions of loans unless the terms and conditions of such debt obligations are modified in connection with the assumption. Repeals the provisions of the Code limiting the amount of interest expense a purchaser of personal use property may deduct for tax purposes. Excepts debt instruments arising from the sale or exchange of a residence from the imputed interest provisions where the obligor of the instrument uses the property as his other residence. Provides that the imputed interest rules shall not apply in the case of sales or exchanges of property where the borrowed amount does not exceed $4,000,000. Requires the interest on the obligation issued in connection with such sales or exchanges to be taken into account by both the buyer and the seller on the cash receipts and disbursement method of accounting unless both buyer and seller agree to use the accrual receipts and disbursement method of accounting.
United States · United States Congress · 17 April 1985
Food Assistance and Africa Agriculture Act of 1985 - Title I: Authorization of Appropriations - Amends the Foreign Assistance Act of 1961 to authorize appropriations for: (1) the International Fund for Agricultural Development; and (2) the International Fund for Agricultural Development for its Special Program for Sub-Saharan Countries Affected by Drought and Desertification for each of FY 1986 through 1989. Title II: Appropriations for Fiscal Year 1986 - Makes appropriations for FY 1986 for: (1) expenses for agricultural commodities supplied in connection with dispositions abroad pursuant to the famine relief provisions of the Agricultural Trade Development and Assistance Act of 1954; and (2) the U.S. contribution to the International Fund for Agricultural Development and for the Fund's Special Program for Sub-Saharan Countries Affected by Drought and Desertification.
United States · United States Congress · 15 April 1985
Designates the Federal Building located at 1200 Pennsylvania Avenue, Washington, D.C., as the Ariel Rios Memorial Federal Building.
United States · United States Congress · 15 April 1985
Landfill Gas Collection and Reclamation Act of 1985 - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to establish specific guidelines for landfill gas control which: (1) protect human health and the environment; (2) require facilities required to retrofit to also include gas collection devices in their pollution collection systems; (3) provide for the recovery of energy and materials from methane and other gas emitted from such facilities which are combustible; and (4) provide exemption standards where such guidelines would be inefficient and impractical. Requires State solid waste management plans to comply with the landfill gas control guidelines. Requires the Administrator to review State plans approved before these guidelines become effective, withdrawing approval if such plans do not conform with these requirements. Requires sanitary landfills receiving putrescible waste to comply with such guidelines to retain such status. Grants the Administrator enforcement authority against noncomplying States.
United States · United States Congress · 4 April 1985
Requires the initial report of the National Drug Enforcement Policy Board to include: (1) a comprehensive assessment of the current and potential contribution of synthetic narcotic analogs (designer drugs) to the illegal narcotics problem in the United States; (2) proposals for illegal drug law enforcement strategies to prevent the manufacture and distribution of synthetic narcotic analogs; and (3) recommendations to the Congress for necessary legislation to eliminate the manufacture and distribution of illegal synthetic narcotic analogs.
United States · United States Congress · 4 April 1985
Superfund Expansion and Protection Act of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)(Superfund) to include among hazardous substances subject to such Act any petroleum released from an underground storage tank. Includes pollutants and contaminants under Superfund, defining them as any substance which after release into the environment causes disease or abnormalities upon exposure or assimilation, either directly or through the food chain. Excludes petroleum and natural gas except as otherwise indicated under such Act. Redefines "release" to include the abandonment of containers containing hazardous substances or pollutants or contaminants. Requires the President to consider long-range effects when evaluating the cost-effectiveness of offsite remedial actions. Directs the Administrator of the Environmental Protection Agency to establish reportable quantities for all noncarcinogenic hazardous substances within six months of this Act's enactment and all other hazardous substances by November 1, 1986. Requires the Administrator to conduct periodic audits of reported releases and report to the Congress at least annually on such audits. Increases criminal penalties for failure to notify the Federal Governmentu of a hazardous substance release. Authorizes the Administrator to undertake any response action when faced with a release or threatened release of a hazardous substance unless the Administrator determines the responsible party will take appropriate action. Requires the Administrator to assess the health effects associated with such release or potential release. Exempts from liability for the effects of such release any party performing information or engineering services pursuant to an approved response action. Requires a State to pay 50 percent of the cleanup costs only if the State both owned and operated the polluting facility. Credits States with cleanup costs already dispersed as specified. Requires the Administrator to choose remedial actions which are: (1) consistent with the National Contingency Plan (NCP); (2) cost-effective; and (3) permanent whenever possible. Places facilities for which no permanent solution is technologically feasible on an interim National Priorities List (NPL), such list to be reviewed every five years to determine if a permanent solution has become feasible. Eliminates the requirement that pollutant levels be such as to protect human welfare, leaving the requirement that such levels protect human health and the environment. Requires pollutant levels to comply with the other Federal standards applicable. Specifies under what conditions removal actions must comply with the requirements of the Solid Waste Disposal Act. Entitles Federal and State environmental officials to access to the information and premises of any person who generates, treats, or disposes of hazardous substances for purposes of determining the need for a response action. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to prepare toxicological profiles on the most frequently found or threatening hazardous substances. Entitles the public to participate in the selection of a plan for remedial action. Authorizes the Administrator to provide grants for technical assistance to groups which may be affected by a release from a facility on the NPL. Establishes a schedule for the commencement of remedial investigations and feasibility studies for all facilities on the NPL. Provides for the listing of additional facilities at regular intervals. Requires the commencement of remedial actions at a minimum rate of 200 facilities per year by the start of FY 1987. Requires the Administrator to complete preliminary assessments of all facilities on the Emergency and Remedial Response Information System list by the start of 1987. Requires completion of remedial action for facilities currently on the NPL within five years or requires an explanation of nonperformance. Permits individuals to petition the Administrator for a health effects study where hazardous substances have been removed. Permits Federal authorities to provide the Congress with information on such studies and their conduct without administrative clearance or approval. Authorizes the Administrator to: (1) provide alternative water supplies; (2) relocate individuals; and (3) provide medical care if such studies indicate the necessity of such actions. Requires the Administrator to revise the NCP, consistent with these provisions. Permits an individual to petition the Administrator for a preliminary assessment of a release. Includes damage to the food chain and the ambient air among the factors determining a facility or site ranking under the NCP. Authorizes the Administrator to determine whether and how an individual may object to a nonreviewable abatement action. Includes additional Federal cleanup or abatement activities for which a responsible party would be liable. Requires each Federal agency which may be a defendant under this Act to provide its own counsel rather than the Attorney General. Grants Federally-ordered lab tests the presumption of accuracy. Makes liability strict, joint, and several under this Act for damages and costs resulting from the release and cleanup of hazardous substances. Entitles a defendant to prove such damages are divisible and to seek contribution. Authorizes appropriations for FY 1986 through 1990 for the Hazardous Substance Superfund, earmarking specified amounts for the Leaking Underground Storage Tank Account. Repeals the ability of any party to recover for damages to natural resources caused by a release. Requires an annual audit of the conduct of Superfund, including comparative reports of actions taken in earlier fiscal years. Establishes a statute of limitations of six years after the completion of the response action, regardless of the date of discovery of the loss. Permits a State to require contributions for response costs compensated under this Act. Title II: Federal Cause of Action - Entitles individuals injured by the disposal of a hazardous substance to recover damages from the responsible parties who will be held strictly, jointly, and severally liable. Entitles such individuals to compensation for expenses related to personal injury, economic injury, and limited pain and suffering. States that this Federal cause of action does not preempt State law regarding liability for damages in connection with any hazardous substance. Establishes a three year statute of limitations, running from the date of knowledge of the injury or the date of enactment of this Act. Prohibits dual recovery through worker's compensation or actions filed in a State court and this Act. Permits additional recovery against the source of the disposal for later manifested injuries. Title III: Miscellaneous Provisions - Permits citizen action lawsuits against any party, including the Federal Government, involved with hazardous substances in such a way as may present an imminent and substantial danger to health or the environment or against the President for failure to perform a required duty. Requires potential plaintiffs to give 60 days notice to the appropriate Federal and State officials as well as the alleged violator before commencing an action. Prohibits such action if the Administrator or the State has commenced and is prosecuting a court action already or a settlement has been reached. Permits intervention, as a matter of right. Prohibits citizen actions for the siting or issuance of permit to a hazardous waste disposal facility. Authorizes the Federal district court to award costs to any substantially prevailing party. Permits EPA intervention as a matter of right. Includes the disposal of a pollutant or contaminant under CERCLA only as specified. Directs the Administrator to commence the drilling fluids study required by the Solid Waste Disposal Act within six months of this Act's enactment. Directs the Administrator to select ten to 20 areas to establish and operate for three to five years a victim assistance demonstration program for individuals injured through exposure to hazardous substances. Sets forth application and program criteria and conditions for such grants. Requires such programs to include group insurance benefits for medical treatment and disability. Requires the President to report annually to the Congress on the effectiveness of these programs. Requires participating States to report on such as well. Title IV: Community Right to Know and Emergency Planning - Amends the Toxic Substances Control Act by adding a new title II concerning the communities' right-to-know, emergency planning, and liability. Requires each covered manufacturer, distributor, user, and importer of a covered hazardous substance (potential release) to prepare and update a fact sheet for such substance for distribution to local police, fire, and health officials. Requires the fact sheet to include the name, physical properties of, and hazards posed by the substance, including potential routes of human exposure to such substance, symptoms of such exposure, and appropriate emergency and first aid procedures. Requires status sheets on the same basis as fact sheets, with each status sheet to include the maximum inventory and method of storage of the substance, the quantity of its emission into the environment, and the quantity and method for disposal. Requires the releasor of a covered hazardous substance in an emergency situation to provide an emergency bulletin to the State and local police and other local officials. Requires the bulletin to identify the name and amount of the substance released and the response actions taken. Requires fact and status sheets and emergency bulletins to be made available for public inspection with public notice of such availability at the facility of the potential releasor. Requires the Administrator of the Environmental Protection Agency to publish a uniform format for fact and status sheets. Authorizes a State's Governor to identify local officials to receive covered hazardous substance release information, with the Administrator doing so in the absence of the Governor's identification. Requires the potential releasors to maintain records of information required by this Act. Requires manufacturers or importers to transmit fact sheets to covered distributors or users upon shipping of a covered hazardous substance. Excludes certain small businesses and research, medical, and household uses from coverage under this Act. Provides protection for trade secrets while continuing to make necessary information available to the appropriate persons. Excludes listed or possible carcinogens from such protection. Sets forth application and substantiation procedures for trade secret claims. Permits affected citizens or government officials to compel disclosure of nonsubstantiated trade secrets through the Federal courts. Authorizes the Administrator to grant exemptions from the basic notification requirements of this Act through specified procedures open to the public, based upon a cost-benefits analysis where there is no reasonable likelihood of harm. Directs each covered major manufacturer to develop within two years of enactment of this Act a comprehensive evacuation and emergency response plan which addresses the health and safety issues applicable to such manufacturer's particular situation. Requires the plan to include designations of the appropriate government officials to be notified, mitigation measures, evacuation routes, notification plans, and evaluation of community support services. Authorizes each Governor to designate emergency response districts within 18 months of enactment of this Act or the Administrator will do so. Permits each Governor to appoint an Emergency Response Committee per district or the Administrator will be treated as such Committee. Requires such Committees to review the manufacturers' plans, revising them where necessary. Directs the Administrator within 18 months of enactment of this Act to develop uniform national mandatory labeling requirements for pipes, storage tanks, or containers not otherwise required to be labeled which would reasonably be presumed to release a covered hazardous substance. Requires the label to indicate the appropriate response to a release. Directs the Administrator to designate covered major manufacturers for emergency response purposes within one year of enactment of this Act. Limits the designation to those whose substances would pose an imminent and substantial danger to health and the environment if released in significant quantities. Includes all persons covered under this Act in lieu of such designations. Includes Federal departments as potential covered major manufacturers. Exempts those whose emergency activities are sufficiently covered under other Federal or State law. Renders the manufacturer or processor strictly liable for damages caused by accidental or abnormal releases, excluding act of God or war. Covers medical, burial, and economic losses as well as pain and suffering (to a limited extent). Includes specified analysis and scientific evidence and studies among the evidence which may be introduced to establish causation. Establishes a three-year statute of limitations from the date of enactment or the date of realization of injury for causes of action for injury from the release of a covered hazardous substance, whichever is later. Provides that this Act does not preempt State or other law in the area of liability for damages. Requires entitled individuals to receive compensation for injuries sustained from a hazardous substance release from workers' compensation rather than under this Act. Sets forth categories of substances to be considered covered hazardous substances and procedures for adding additional substances. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to compile and update a digest of all such substances. Exempts certain substances for this Act's purposes, based upon the form, amount, and other regulation of such substances. Establishes civil and criminal penalties, limiting criminal penalties to the knowing violation of emergency requirements. Authorizes citizens' suits to enforce this Act. Permits States to adopt more stringent right-to-know standards in the workplace context and emergency response requirements. Permits State and local governments to impose fees upon potential releasors to cover administrative costs. Title V: Amendments of the Internal Revenue Code to 1954 - Superfund Revenue Act of 1985 - Amends the Internal Revenue Code to increase and extend through FY 1990 the environmental excise taxes on petroleum and specified chemicals. Includes an inflation adjustment for computing the tax on chemicals. Exempts exported chemicals from tax liability. Adjusts special rules for certain chemicals. Imposes a waste end tax on: (1) the receipt of hazardous waste at a qualified hazardous waste management unit; (2) the ocean dumping of such waste; and (3) the export of such waste. Sets increasing, per-ton tax rates on the disposal of such wastes. Sets forth reporting requirements and penalties for violations. Establishes in the Treasury the Hazardous Substance Response Trust Fund. Establishes within Superfund a separate Leaking Underground Storage Tank Account. Directs the Secretary of the Treasury to study the economic impact of the environmental taxes on specified chemicals and report to the Congress on the results by April 1, 1986.
United States · United States Congress · 4 April 1985
Amends the Library Services and Construction Act (the Act) to revise the definitions of "long-range program" and "Indian tribe." Makes specified requirements for maintenance of funding levels for public library systems applicable to Hawaiian native programs. Provides that, for purposes of basic State plan requirements, "limited English-speaking proficiency" shall be determined according to its definition under the Bilingual Education Act. Specifies that certain references under provisions relating to administrative costs are to titles I, II, and III of the Act. Excludes the amount made available for Indian tribes and Hawaiian natives from certain determinations for purposes of reservation of portions of State allotments for major urban resource libraries. Makes inapplicable in the case of Indian tribes and Indians in California, Oklahoma, and Alaska any provisions of title IV (Library Services for Indian Tribes) which require that services be provided on or near Indian reservations, or to only those Indians who live on or near Indian reservations. Amends the General Education Provision Act to authorize appropriations for the Minority Institutions Science Improvement Program for FY 1985 and 1986. Amends the Harry S Truman Memorial Scholarship Act to remove the dollar limitation on stipends paid under such Act. Authorizes the Harry S Truman Scholarship Foundation to prescribe regulations governing the amount of such stipends.
United States · United States Congress · 4 April 1985
Renewable Energy and Conservation Transition Act of 1985 - Title I: Extension of Business Energy Credits - Amends the Internal Revenue Code to extend the energy investment tax credit for solar energy property from 1985 to 1990. Sets the amount of such credit during such period at 15 percent for low temperature solar property and 25 percent for all other solar property. Extends the energy investment tax credit for wind property from 1985 to 1988. Sets the amount of such credit at: (1) ten percent during 1986 and 1987; and (2) five percent during 1988. Extends the energy investment tax credit for geothermal property and biomass property from 1985 to 1988. Extends the energy investment tax credit for ocean thermal property from 1985 to 1990. Revises the definition of "solar property" for purposes of such tax credit. Sets forth special rules for geothermal equipment to qualify for such credit. Title II: Affirmative Commitment Rule to Extend the Business Credit for Certain Long-Term Projects - Extends the time period during which an affirmative commitment must be made in order for long-term energy projects to be eligible for the energy investment tax credit. Allows such extension: (1) from 1990 to 1993 for solar energy property; (2) from 1988 to 1990 for geothermal energy property; and (3) from 1985 to 1990 for hydroelectric generating property. Title III: Extension of Residential Energy Credits - Extends the residential energy income tax credit for solar renewable energy property from 1985 to 1990. Phases out such credit over such period of time. Provides that solar hot water systems and active space heating systems must meet certain additional standards in order to qualify for such credit. Extends the residential energy income tax credit for wind renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Extends the residential energy income tax credit for geothermal renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Revises the definition of geothermal deposits for purposes of such credit. Revises the definition of energy conservation expenditures for purposes of the residential energy income tax credit to limit the amounts taken into account to $700. Limits the energy conservation income tax credit to taxpayers with an adjusted gross income of less than $30,000. Title IV: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 3 April 1985
Hazardous Waste Safety and Technology Incentive Act of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) to require each State to develop and adopt a plan to assure the availability of adequate capacity to treat or dispose of all hazardous waste reasonably anticipated to be generated in such State during the next 20 years. Requires such plans to include timetables and schedules for the construction and operation of treatment and disposal facilities. Requires emissions standards for such facilities to conform with applicable State and Federal laws and to be sufficient to protect human health and the environment. Prohibits the construction or operation of new landfills. Requires the Administrator of the Environmental Protection Agency's (EPA) approval of such plans within two years. Provides for resubmittal of rejected plans. Prohibits the expenditure of Superfund monies for remedial action after four years if a State is not in compliance with an Administrator-approved plan. Amends the Solid Waste Disposal Act to prohibit the issuance of a hazardous waste facility permit unless the owner or operator of the facility enters into a siting agreement with the Administrator specifying the terms and conditions applicable to such facility, including construction, maintenance, monitoring procedures, and a relationship with and financial obligation to the local government. Amends Superfund to direct the Administrator to establish a national research and development program to develop advanced technologies to reduce the risks associated with hazardous waste disposal. Sets forth the components of such program. Limits the amount of available appropriations which may be used. Directs the Administrator to establish a Coordinated Permit Review Office within each regional office of EPA to accelerate the concurrent review of all hazardous waste treatment or disposal facility projects requiring agency permits as they relate to the nation's air, water, and land. Directs such Office to: (1) assist in identifying the appropriate permits needed for a site; (2) convene meetings to determine the scope of and issues raised by a proposed project; and (3) assist the applicable government agencies in working with the applicant. Authorizes the Administrator to guarantee loans for projects for the acquisition, construction, or installation of hazardous waste recycling or treatment equipment. Limits such loans to fixed percentages of total indebtedness or capital costs and restricts them to the private sector. Requires eligible projects to control emissions sufficiently to protect human health and the environment and meet applicable Federal and State air and water quality standards and conditions on land disposal. Makes landfill solutions ineligible for such guarantees. Grants priority to technologies which satisfy specified requirements of the Solid Waste Disposal Act. Requires recipients of such guarantees to report annually to the Administrator. Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to make grants to at least five States for demonstration programs for ensuring and improving enforcement of the requirements of such Act. Requires such States to: (1) complete the program within the year; (2) have adequately trained personnel; (3) establish a Federally-compatible system for collecting data relating to the transportation of hazardous materials and enforcement actions; and (4) establish meaningful penalties for violations. Requires the Secretary to report to the Congress and each participating State within two years. Authorizes appropriations. Directs the Director of the Federal Emergency Management Agency, acting through the Office of State and Local Assistance for Hazardous Materials Emergencies, to: (1) provide technical and financial assistance to States and local governments and for regional planning for emergency preparedness relating to accidents involving the transportation of hazardous materials; (2) be an information clearinghouse on accident response methodology; and (3) coordinate Federal emergency response programs. Requires the Director to establish the Office of State and Local Assistance for Hazardous Waste Emergencies to carry out such requirements. Authorizes appropriations.
United States · United States Congress · 3 April 1985
Trade Law Modernization Act of 1985 - Title I: National Trade Policy and Negotiating Objectives; Negotiation Authority - Sets forth national trade policy objectives that shall guide U.S. trade policy and domestic economic policy. Directs the Administering Authority (the U.S. Trade Representative) to submit by March 1 of each year to specified congressional committees a statement of the actions the Administering Authority proposes to take during such year to achieve such objectives. Requires the committees to hold hearings on such proposals and to advise the Administering Authority on such proposals. Declares that U.S. objectives in any trade negotiations shall be: (1) to obtain more open and equitable market access abroad for U.S. products and services, the reduction and elimination of the adverse effects of certain foreign trade practices, and improved effectiveness of the rules governing international trade; (2) to develop internationally accepted rules which meet certain needs; and (3) to promote international cooperation in trade and monetary policies. Directs the Administering Authority to seek to obtain fair and equitable market opportunities through consultations on negotiations with foreign countries or instrumentalities in order to remedy the harmful efforts on U.S. trade of discriminatory procurement practices and regulatory requirements of such countries or instrumentalities. Authorizes the Administering Authority to: (1) suspend or withdraw benefits under any trade agreement with such countries or instrumentalities; (2) direct customs officers to impose import restrictions on the goods of such countries or instrumentalities and to impose fees or restrictions on the services of such countries or instrumentalities; (3) make available analysis and information to other U.S. agencies and courts for the purpose of ensuring consideration by such agencies and courts of the competitive impact of pending administrative or judicial decisions of such agencies or courts that could significantly enlarge the access of foreign products and services to the U.S. market; and (4) recommend action to the President with respect to service sector access authorization (a Federal authorization that gives a foreign supplier of services access to U.S. markets). Directs the Administering Authority, if there is a significant denial of market opportunities in a foreign country for U.S. products and services in an economic sector where the United States has increased market opportunities for such country's products and services, to: (1) act to obtain fair and equitable market opportunities in the markets of such foreign country; and (2) pending achievement of such opportunities, impose equivalent conditions of market access. Authorizes action to be taken under this Act upon motion of the Administering Authority or after investigation upon the filing of a petition. Title II: Transfer of Authority to Administering Authority; Amendments to Title I of Trade Act of 1974 - Amends the Trade Act of 1974 to transfer from the President to the Administering Authority the authority to: (1) take action in cases of market disruption; and (2) extend tariff preferences under the Generalized System of Preferences. Amends the Tariff Act of 1930 to transfer from the President to the Administering Authority the authority to make the final review of actions to prevent unfair practices in the importation of articles into the United States. Amends the Trade Act of 1974 to direct the Secretary of Commerce to establish a program to evaluate the industrial and trade policies of other countries and the effects of such policies on U.S. industries, trade, and employment. Requires the Secretary to report to the Congress annually on such program. Directs the Secretary in conjunction with the U.S. Trade Representative, to establish special industry sector advisory panels to assess the actual or potential dislocation, challenge, or opportunity for the industry sectors involved and to formulate recommendations for responses by business, government, and labor. Requires the industry and labor advisory committees established by the Trade Act of 1974 to hold joint meetings at the call of the respective committee chairs and to meet at the call of the Administering Authority before and during trade negotiations to provide policy and technical advice and advice on any other factors relevant to U.S. positions in such trade negotiations. Authorizes the President to impose a temporary import surcharge at a level which the President determines to be necessary to assist in restoring equilibrium in the balance of payments in certain circumstances. (Currently such surcharge may not exceed 15 percent.) Limits the duration of such surcharge or limits imposed on imports to improve the balance of payments to one year. (Currently such measures may be imposed for only 150 days.) Deletes certain restrictions on imposing import limitations for such purposes. Authorizes one year extensions of such measures. Title III: Relief from Injury Caused by Import Competition - Transfers from the President to the Administering Authority the authority to take certain actions following import relief investigations by the International Trade Commission (ITC). Authorizes a petition for import relief to include within its statement of reasons for requesting import relief the desire to facilitate the orderly transfer of resources to enhance competitiveness. Changes the scope of the ITC's import relief investigation to include determining whether an article is being imported into the United States in such increased quantities as to be a cause (currently substantial cause) of serious injury or threat of serious injury to any domestic industry that produces an article like or directly competitive with the imported article or that produces materials, parts, components, or subassemblies irrevocably destined for incorporation in an article like or directly competitive with the imported article. Changes one of the factors that must be considered in making such determination with respect to serious injury in order to cover the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. (Current law refers to the inability of firms to operate at a reasonable profit.) Changes the factors that must be considered in making such determination with respect to the threat of serious injury in order to cover: (1) a decline in sales or market share in the domestic industry; (2) a higher and growing inventory in the domestic industry; (3) a downward trend in production, profits, wages, or employment (or increasing under employment) in the domestic industry; (4) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any class or kind of merchandise and that causes or threatens to cause serious injury to the domestic industry; (5) the extent to which the U.S. market is the focal point for diversion of exports of the article concerned because of restraints on exports of such article to, or imports of such articles into, third country markets; and (6) in the case of an industry that has developed an industry assessment and competitiveness strategy, the inability of producers in the domestic industry to generate adequate capital to finance the modernization of plant and equipment or to otherwise enhance competitiveness. Requires (currently authorizes) the ITC to make certain determinations with respect to determining the domestic industry producing an article like or directly competitive with an imported article. Defines "cause" for purposes of determining whether imports are a cause of injury to mean a cause which is important. Declares that a cause may be important even though other causes are of equal or greater importance. Requires the ITC, if it finds that serious injury or the threat of serious injury exists for a domestic industry, to: (1) find the amount of the increase in, or imposition of, any duty or import restriction necessary to prevent or remedy such injury; and (2) if it determines that adjustment assistance can assist in remedying such injury, recommend the provision of such assistance. Directs the Administering Authority, if during an import relief investigation it finds that critical circumstances exist, to impose provisional measures (increase in tariff, tariff-rate quotas, quantitative restrictions, orderly marketing agreements or a combination of such actions). Requires such measures to remain in effect until the later of the date: (1) on which the President revokes such measures; (2) on which the ITC makes a negative determination of injury; or (3) which is 60 days after the date on which the ITC makes an affirmative determination of injury. Declares that critical circumstances exist if a significant increase in imports over a short time has led to circumstances in which delay in relief would cause damage that would be difficult to repair. Requires the ITC, if it finds that serious injury has resulted from imports, to determine: (1) whether trade in the article concerned has been affected by coordinated government actions that are bestowed on a specific enterprise, industry, or group and that assist the beneficiary in becoming more competitive in exporting a class or kind of merchandise; and (2) the extent to which the U.S. market is the focal point for diversion of exports of such article because of restraints on exports of such article to, or on imports of such article into, third country markets. Directs the Administering Authority, if it determines to provide import relief and the ITC has found that trade in the article has been affected by such coordinated government actions, to consult and negotiate with other countries that produce or consume such article to seek the establishment of a multilateral framework to maintain and develop fair, equitable, and nondisruptive patterns of trade in such article. Directs the Administering Authority, after the ITC begins an import relief investigation based on a petition, to establish, upon request, an industry advisory group. Requires such an advisory group to prepare for the industry concerned an assessment of current problems and a strategy to enhance competitiveness. Directs the Administering Authority to try to obtain, on a confidential basis, information from the individual members of such advisory group on: (1) how such members intend to act upon the recommendations in such assessment and strategy; and (2) any other actions such members intend to take which will foster the objectives of the strategy. Requires the Administering Authority, the ITC, the Secretary of Labor, and the Secretary of Commerce to consider such assessment and strategy in making any import relief determination or taking any import relief actions. Requires the Administering Authority, if it determines to provide import relief and if an industry assessment and competitiveness strategy was submitted to the Administering Authority, to publish notice of the availability of, and a summary of, such assessment and strategy. Requires a review committee, if such summary is published, to: (1) monitor actions taken by the petitioners to improve the competitive position of the industry; (2) make recommendations for administrative action; and (3) submit recommended legislation to the Congress. Requires the review committee to consult with the advisory group members if the review committee determines that the firms or workers are not implementing or are implementing unsatisfactorily: (1) the recommended objectives and actions in the industry assessment and competitiveness strategy; or (2) the actions declared in the confidential information obtained by the advisory group. Requires the Administering Authority to request the ITC to issue a report on the probable economic effect on the industry of import relief if, after consultations with the advisory group members, the review committee determines that the failure to implement or failure to implement satisfactorily such actions is not justified by changed circumstances and has adversely affected overall implementation of the objectives of the industry assessment and competitiveness strategy. Requires the Administering Authority, if it decides to provide import relief, to consult with petitioners and representatives of workers and firms in the affected industry on the advisability and desirability of taking appropriate action under countervailing or antidumping duty provisions of the Tariff Act of 1930 or under title III of the Trade Act of 1974 if the Administering Authority has reason to believe that a foreign government or firm is engaged in any action or practice for which such relief is available. Title IV: Relief from Injurious Industrial Targeting and Unfair Trade Practices - Provides that injurious industrial targeting may trigger import relief actions. Defines injurious industrial targeting to mean any combination of coordinated government actions: (1) which are bestowed on a specific enterprise, industry, or group thereof; (2) which assist such enterprise, industry, or group to become more competitive in the export of any class or kind of merchandise; and (3) which cause or threaten to cause material injury. Transfers from the President to the Administering Authority the authority to take certain actions to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Authorizes the Administering Authority to: (1) suspend, withdraw, or prevent application of the benefit of trade agreement concessions with the foreign country or instrumentality involved; (2) direct customs officers to assess duties or impose other import restrictions on the products of such country or instrumentality or to assess fees or impose restrictions on the services of such country or instrumentality for such time, in such amount, and to such degree as the Administering Authority deems appropriate; (3) negotiate agreements to offset the burden or restrictions on U.S. commerce; (4) submit proposed administrative actions and legislation to implement any other government action which would restore or improve the international competitive position of the injured or threatened industry; (5) recommend action by the President; or (6) any combination of such actions. Transfers to the Administering Authority from the President the authority to impose certain limits on service sector access authorizations (authorizations that permit a foreign supplier of services access to the U.S. market). Authorizes the President, upon recommendation of the Administering Authority, to: (1) restrict the terms and conditions of any service sector access authorization; or (2) deny the issuance of any such authorization. Directs the Administering Authority to consult with representatives of domestic firms and workers that may be affected by any import relief investigation which is initiated by petition filed with the Administering Authority regarding any determination which is required to be made by the Administering Authority. Directs the Administering Authority, upon written request, to make confidential business information obtained by it in connection with an import relief investigation available under a protective order. Prohibits release of information classified for national security reasons. Requires the Administering Authority to act upon requests for such information within ten days of the request. Requires the Administering Authority, in conducting an import relief investigation initiated by petition to the Administering Authority, to present detailed questionnaires to the foreign government or enterprise involved in order to obtain information concerning the allegations in the petition. Directs the Administering Authority to verify any such information which the Administering Authority relied upon in making any determinations. Provides for relying on the best information available, which may be the information contained in the petition, if the foreign government fails to provide information or provides insufficient or unsatisfactory information. Requires the Administering Authority to make a preliminary determination within five months of the start of such an import relief investigation on whether there is reason to believe that import relief is warranted. Authorizes the Administering Authority to take certain actions based on the preliminary finding. Requires the final determination to be made within 11 months of the start of the investigation. Requires the Administering Authority to determine what actions to take if the final determination is that import relief is warranted except that specific actions are required if injurious industrial targeting is found to exist. Requires the Administering Authority to consult with the petitioner and representatives of the affected domestic firms and workers if the final determination is affirmative. Requires the Administering Authority to report to the Congress if the final determination is affirmative and the Administering Authority declines to take any action. Terminates any preliminary import relief if the final determination is negative. Requires publication in the Federal Register of such preliminary and final determinations. Requires the Administering Authority, if it makes a preliminary finding that injurious industrial targeting exists, to: (1) establish an advisory committee; and (2) formulate, in consultation with such advisory committee, proposals which would restore or improve the competitive position of affected domestic industries. Requires the Administering Authority to notify the ITC when it initiates an investigation of injurious industrial targeting. Requires the ITC to make a preliminary determination within 60 days of receiving such notice of whether there is a reasonable indication that because of sales or likely sales of the merchandise which is the subject of the investigation: (1) an industry in the United States is materially injured or is threatened with material injury; or (2) the establishment or growth of an industry in the United States is materially retarded. Requires the ITC to make a final determination of whether such circumstances exist by: (1) 45 days after the affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is affirmative; or (2) 75 days after an affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is negative. Makes the ITC's determination subject to review by the U.S. Court of International Trade if such determinations were made under the countervailing or antidumping duty provisions of the Tariff Act of 1930. Defines material injury and threat of material injury. Requires the Administering Authority to submit to the President any proposed administrative action and any proposed legislation to restore or improve the competitive position of the injured industry if the preliminary and final determinations are that injurious industrial targeting has occurred. Provides for expedited consideration of such legislation. Requires the Administering Authority to report to the Congress on the actions the Administering Authority will take to offset the material injury or threat of material injury from the injurious industrial targeting. Authorizes the Administering Authority to enter into a settlement agreement with the foreign country or entity involved in lieu of taking other actions if: (1) such agreement completely eliminates the material injury or threat of material injury from the injurious industrial targeting; and (2) such agreement is approved by the petitioner if the investigation began because of a petition. Authorizes the Administering Authority to take actions to compensate a foreign country or entity if the contracting parties to the General Agreement on Tariffs and Trade (GATT) disapprove of actions taken in response to injurious industrial targeting. Directs the Administering Authority to consult with the petitioner and the representatives of affected domestic firms and workers if, in the course of an investigation, the Administering Authority has reason to believe that a foreign government engaged in dumping or other actions for which relief is available under specified provisions of the Tariff Act of 1930. Title V: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to add requirements for a country to be considered a "country under the Agreement" for purposes of the countervailing duty provisions of such Act. Requires such a country to have made a commitment under the GATT to: (1) eliminate its export subsidies within one year (five for least developed countries); (2) not increase, extend, or add export subsidies; and (3) eliminate immediately export subsidies on those products in which such country is competitive. Requires the ITC, upon request, to investigate whether the merchandise is already competitive in the U.S. market and whether the merchandise would be competitive in the absence of export subsidies. Directs the Administering authority to review the status of, and compliance with, specified agreements at least once during each 12-month period. Directs the Administering Authority to publish such determinations. Imposes penalties for failure of a foreign country to honor any term of such agreements. Includes natural resource subsidies within the definition of subsidy for purposes of such Act. Declares that a natural resource subsidy exists if: (1) a natural resource product is provided or sold by a government-controlled entity within a country for use in the manufacture or production in such country of merchandise which is the subject of a countervailing duty investigation at a domestic price that is lower than the fair market value of the natural resource product in such country and that is not freely available to U.S. producers for purchase of that product for export to the United States; and (2) such natural resource product would, if sold at the fair market value, constitute a significant portion of the total cost of the manufacture or production of such merchandise. Changes the definition of foreign market value for purposes of countervailing duty investigations. Requires the Administering Authority to include in calculating the cost of producing the merchandise the value of any benefit the producer or manufacturer has received from government research and development programs. Requires sales made at less than cost of production to be disregarded in the determination of foreign market value if such sales were made over an extended period of time and in substantial quantities. Sets forth a special rule for determining cost of production and constructed value if imports of the merchandise into the home market have been unreasonably restrained. Requires the ITC, in determining whether a U.S. industry is threatened with material injury because of imports, to consider: (1) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any merchandise and to cause or threaten to cause material injury to the United States; and (2) the extent to which the United States is the focal point for exports of the merchandise by reason of restraints on exports of the merchandise to, or on imports of the merchandise into, third country markets.
United States · United States Congress · 3 April 1985
Defense Environmental Restoration Act of 1985 - Subjects facilities under the jurisdiction of the Secretary of Defense to the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund). Exempts the Secretary from the financial responsibility requirements. Prohibits the delegation to the Secretary of any response authority under such Act, requiring such authority to remain with the President or the Administrator of the Environmental Protection Agency (EPA) as appropriate. Permits the designation of the Secretary and other Department of Defense (DOD) officials as natural resources trustees under such Act. Authorizes the Administrator to delegate other authorities to the Secretary or DOD officials if it would be cost-effective except the authority to approve remedial action at a site on the National Priorities List (NPL) in a nonemergency situation. Authorizes the President to issue response action orders as necessary to protect the national security. Directs the Secretary to establish within the Office of the Secretary an office to implement the Defense Environmental Restoration Program which includes investigating and cleaning up contamination from hazardous substances and correcting environmental damage. Directs the Secretary to carry out response actions with respect to releases of hazardous substances from sites and vessels under the Secretary's jurisdiction. Excludes response actions which do not result in a new facility from military construction requirements. Permits removal or remedial action by another responsible party. Directs the Secretary to pay all fees and charges imposed by State and local authorities for storage and/or disposal of hazardous substances on lands under the jurisdiction of the Secretary. Authorizes the Secretary to implement the administrative abatement authorities where there may be an imminent and substantial endangerment to public health or the environment from a DOD controlled facility. Authorizes appropriations for FY 1986 through 1990 to carry out the restoration program. Makes available to the Secretary amounts recovered from responsible parties for response actions of the Secretary. Authorizes the Secretary to settle claims under CERCLA up to a specified amount. Authorizes appropriations for FY 1986 through 1990 for emergency removal actions where the release or threatened release of any hazardous substance presents an imminent and substantial endangerment to the public health or environment. Limits the per-site expenditure unless the Secretary and the Administrator agree that continued response actions are required in an emergency-type situation. Requires each emergency removal action to be completed within six months if possible or within 18 months at the outside. Requires the Secretary to notify the Congress within 15 days of obligating emergency funds. Authorizes the Secretary to use facility maintenance funds for response actions, including emergency actions. Authorizes the Secretary to utilize the services of any other Government agency on a reimbursable basis to carry out this Act. Directs the Secretary to establish a research, development, and demonstration program regarding hazardous waste management, including cost-effective strategies and technological innovation. Authorizes appropriations for FY 1986 through 1990. Directs the Secretary to notify the Administrator of the Agency of Toxic Substances and Disease Registry (ATSDR) within one year of this Act's enactment of the 25 hazardous substances most frequently used at DOD facilities for which no standard or water quality criteria are in effect under the other Federal environmental and water quality statutes. Requires ATSDR to prepare profiles on such substances within one year of receiving the funds to do so. Authorizes appropriations. Directs the Secretary to keep the regional EPA offices and the appropriate State and local authorities informed about any hazardous substance releases or proposed response actions occurring at a DOD site within their area. Requires that such notice be made prior to taking a response action in nonemergency situations. Directs the Secretary to establish a Technical Review Committee of such authorities whenever possible to review and comment on DOD proposals. Requires the Secretary to provide an opportunity for public participation before adopting a plan for remedial action at any DOD site on the NPL. Directs the Secretary to report annually to the Congress on the implementation of this Act, including a statement for each site and its hazardous substances, the response actions taken or proposed, and the costs involved. Directs the Secretary to provide the Congress with information on military construction projects in the budget attributable to environmental restoration programs. Requires military construction authorizations to separately set forth the amount requested for environmental restoration for each military department and defense agency. Authorizes the Secretary to carry out otherwise unauthorized emergency construction for hazardous substance response actions up to a specified amount and after congressional notification.
United States · United States Congress · 3 April 1985
Amends title XVIII (Medicare) of the Social Security Act to provide for an extension of the prospective payment transition period. Directs the Secretary of Health and Human Services and the Prospective Payment Assessment Commission to study and report to the Congress, by December 31, 1986, on their recommendations for changes in the payment methodology for inpatient hospital services.
United States · United States Congress · 2 April 1985
Medicare and Medicaid Patient and Program Protection Act of 1985 - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to exclude from participation in programs under title XVIII (Medicare) of the Social Security Act any individual or entity: (1) convicted of a criminal offense related to the delivery of an item or service under title XVIII or under titles XIX (Medicaid), V (Maternal and Child Health Block Grant), or XX (Block Grants to states for Social Services) of such Act; or (2) convicted of a criminal offense related to neglect or abuse of patients in connection with the delivery of a health care item or service. Authorizes the Secretary to exclude from Medicare participation any individual or entity: (1) convicted of fraud with respect to any Federal, State, or locally financed health care program; (2) convicted of interferring with the investigation of health care fraud; (3) convicted of manufacturing, distributing, or dispensing a controlled substance; (4) whose health care license has been suspended or revoked; (5) suspended or excluded from participation in a Federal health care program; (6) claiming excessive charges or providing unnecessary services; (7) committing certain acts prohibited under title XI; (8) owned or controlled by an individual convicted of health care related crimes, fined for health care abuses, or excluded from Medicare or a State health care program; and (9) failing to supply certain information. Authorizes the Secretary to exclude any hospital failing to comply with corrective action required under title XVIII. Sets forth provisions relating to notice requirements, judicial review, and period of exclusion. Directs the Secretary to promptly notify each appropriate State agency administering or supervising the administration of a State health care program of each exclusion and the period of exclusion. Permits an excluded individual or entity to apply, following a period exclusion, to the Secretary for reinstatement. Sets forth provisions providing for civil and criminal penalties for acts involving Medicare or State health care programs abuse, including penalties for physician misrepresentations. Requires a State, as a condition of Medicaid plan approval, to provide for the following: (1) a system of reporting any type of adverse action concluded against any health care practitioner or entity by the State or a local licensing authority; and (2) such access to documents as may be necessary by the Secretary. Requires the Secretary to provide suitable safeguards for the confidentiality of such information. Requires any health care provider providing health care services for which payment may be made under the Act to assure that services or items furnished: (1) will be provided economically and only when, and to the extent, medically necessary; (2) will be quality services which meet professionally recognized standards of health care; and (3) will be supported by evidence of medical necessity and quality in such form and fashion and at such time as may reasonably be required by a reviewing peer review organization in the exercise of its duties and responsibilities. Permits a State to exclude from Medicaid participation any individual or entity excluded under Medicare pursuant to the patient and program protection provisions. Requires a State in order to receive Federal payments with respect to a health maintenance organization (HMO) to exclude any HMO that: (1) could be excluded because of the conviction of the owners or managers of certain crimes; or (2) contracts with any individual or entity convicted of such crimes. Prohibits Federal payments with respect to any amount expended for items or services furnished with respect to any individual or entity excluded from Medicaid participation because of the patient and program protection provisions. Prohibits a State under title V from making payments to any individual or entity excluded from participation pursuant to the patient and program protection provisions. Prohibits Federal payments with respect to any amount expended for items or services furnished with respect to any individual or entity excluded from Medicare because of the patient and program protection provisions of part A of title XI. Prohibits using a grant under title XX for payment for any item or service furnished by a person excluded from title XX participation because of the patient and program protection provisions of title XI. Revises disclosure requirements under part A of title XI. Revises Medicare provisions concerning agreements with providers. Modifies the Medicaid moratorium provisions of the Deficit Reduction Act of 1984 to consider a State's Medicaid plan to include any plan change submitted to the Secretary either before or after the enactment of that Act and whether or not approved or disapproved by the Secretary. Sets forth effective date provisions.
United States · United States Congress · 2 April 1985
Military Chaplains Faith Balance Act of 1984 - Directs the Secretary of Defense to increase the representation of underrepresented religious faiths among armed forces chaplains.
United States · United States Congress · 2 April 1985
Extends through the school year ending June 30, 1987, a school district's eligibility under the school lunch program to continue receiving all cash or all letters of credit in lieu of commodities. Makes such districts eligible for bonus commodities on the same basis as other districts participating in the school lunch program. Directs the Secretary of Health and Human Services to enter into agreements with private companies for processing donated commodities into end food products at the expense of the eligible recipient agencies.
United States · United States Congress · 2 April 1985
World War I Veterans' Service Pension Act - Directs the Administrator of Veterans Affairs to pay a monthly pension of $150 to each veteran of World War I who meets specified service requirements. Requires such veteran, if receiving another pension administered by the Veterans Administration (VA), to elect which pension he will receive. Provides for the payment of a monthly pension of $100 to surviving spouses of World War I veterans who meet certain marriage requirements. Requires such surviving spouses to choose between pensions if they are currently receiving another pension through the VA.
United States · United States Congress · 2 April 1985
Expresses the sense of the Congress that the United States and the Soviet Union should enter into a joint high-level scientific study to determine the long-term climatic and environmental effects of a nuclear exchange. Authorizes the Secretary of the Interior, in order to develop data for such study, to prepare an analysis of the consequences of a nuclear explosion on the environment. Expresses the sense of the Congress that the climatic and environmental effects of a nuclear exchange should be included in any analysis of the consequences of nuclear war and should also be considered in the nuclear weapons, arms control, and civil defense policies of both nations.
United States · United States Congress · 28 March 1985
Prohibits a Federal agency from procuring by contract any services performed by Federal employees in the competitive service positions of guards, elevator operators, messengers, and custodians if such procurement would: (1) cause the involuntary separation of a preference eligible from any such position; or (2) preclude the performance of any such service by a qualified preference eligible. Provides that neither an involuntary reassignment within the same agency nor an involuntary transfer to another agency shall be considered to be an involuntary separation if such reassignment or transfer is to a vacant position which is the same type, at the same or higher pay, within the same commuting area, and for which the preference eligible is qualified. Allows the procurement of such services by contract: (1) when qualified preference eligibles are not available; and (2) for positions held by employees other than preference eligibles. Requires that any such procurement be conducted in accordance with applicable Federal procurement laws, including specified provisions requiring certain procurements of services from qualified nonprofit agencies for the blind and for other severely handicapped.
United States · United States Congress · 28 March 1985
Medicare Solvency and Health Care Financing Reform Act of 1985 - Adds a new title XXI to the Public Health Service Act entitled "Programs for Reforming the Health Care Financing System." Sets forth part A of such title entitled "State Health Care Programs." Provides that if a State transmits to the Secretary of Health and Human Services, within one year of the enactment of this Act, a statement that the State intends to submit a health care plan (described below), for purposes of making payments to the State under title XIX (Medicaid) of the Social Security Act the Federal medical assistance percentage shall be 102 percent of such percentage as otherwise determined under Medicaid for such State for up to one year. Directs the Secretary to exempt hospitals in a State from the prospective payment limits established under this Act for certain time periods occurring during the first year of the transition period (defined in part C of title XXI as the 24-month period beginning January 1986) if: (1) the State requests such treatment; (2) the State indicates an intention to have implemented a State plan under title XXI which will provide for a recoupment of any revenues received in excess of the amounts permitted under part A; and (3) the State has agreed, with respect to such hospitals, that if a State plan under this Act is not implemented by the end of the first year of the transition period, then the Secretary shall provide for such adjustment in the prospective payment limits under part I of part B as will provide for recoupment in the subsequent year of any revenues received in excess of amounts permitted. Authorizes a State to apply to the Secretary for the approval of a health care plan for the State for an initial period of up to three years, subject to disapproval. Authorizes extensions of such initial period for up to two additional years. Provides that, for any one-year period, in the case of any State with an approved plan: (1) the transitional period provisions of subpart I of part B of title XXI shall not apply; (2) requirements for reimbursement (other than those relating to beneficiary cost sharing) under title XVIII (Medicare) of the Social Security Act shall be waived; and (3) for purposes of making payments to a State under Medicaid the Federal medical assistance percentage shall, for the year the plan is in effect, be 103 percent (or 104 percent in the case of an unrestricted Medicaid plan) of the amount of the Federal medical assistance percentage otherwise determined under Medicaid and 102 percent (or 103 percent in the case of an unrestricted Medicaid plan) for any subsequent year (except for any extension period) of the amount of the Federal medical assistance percentage otherwise determined. Defines "unrestricted Medicaid plan" as a State Medicaid plan which does not impose any limitation on the scope or duration of inpatient hospital services other than requiring that such services be medically necessary. Directs the Secretary to annually review each approved plan. Requires the continued approval, for a certain time, of a plan not in compliance, if the State certifies that it will comply within a stated time period. Permits a further extension of approval if there is a trend towards compliance. Provides for the establishment of a Federal program with respect to hospitals for a State which cannot comply. Requires a State plan, in order to be approved, to meet the general requirements set forth below and, if applicable, certain requirements relating to ratesetting plans. Permits a plan, in meeting the general requirements, to be designed in a manner that meets such requirements through a ratesetting system, a voluntary system, or through the use of competitive mechanisms. Requires a plan to be designed in a manner so as to provide, to the satisfaction of the Secretary, that: (1) the amount of the total revenues per discharge for all hospitals in the State for each year beginning before 1987 in which the plan is in effect may not exceed the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor; and (2) the amount of the total revenues per discharge for all services furnished to hospital inpatients for all hospitals in the State for each year beginning after 1986 in which the plan is in effect may not exceed the sum of the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor, plus the base physician-related hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the plan is in effect and provided for a limitation under this clause (2), and the population-discharge factor. Authorizes a State, at its option, to apply the test specified in clause (2) instead of the test specified in clause (1) with respect to years prior to 1986. Permits a plan, instead of meeting the above requirements, to meet such other alternative test of constraint of health care costs as the Secretary determines will not result in a greater expenditure of funds under title XVIII (Medicare) of the Social Security Act and by private payers than would have been made if the plan met the above requirements. Requires a plan to be designed so as to provide that the amount of revenues for inpatient hospital services and physicians' services to hospital inpatients and individuals entitled to benefits under parts A (Hospital Insurance) and B (Supplementary Medical Insurance) of title XVIII of the Social Security Act may not exceed the amount which would otherwise be payable (including copayments and deductibles) for such services under title XVIII. Permits a plan (other than a plan providing for the establishment of rates of hospital reimbursement for hospital inpatient services) to provide that payment under title XVIII for inpatient hospital services and for other services furnished to hospital inpatients shall continue to be made in the amounts and in the manner otherwise provided under Medicare. Requires that the unreimbursed costs incurred by hospitals in providing services to low-income, uninsured or underinsured patients (other than Medicare or Medicaid patients) be paid pursuant to a plan in an amount which must, in the aggregate, be the same proportion of total revenues as such unreimbursed costs are of total costs of patients who are neither Medicare nor Medicaid patients. Provides that such unreimbursed costs shall be paid through distribution of funds pooled at the statewide level, through a higher payment rate, or through another method approved by the Secretary. Requires a plan to have a mechanism for providing fair hearings for hospitals and any other entities aggrieved by determinations made under the plan. Requires a State to provide for the appointment of a panel, consisting of members with expertise in health care economics and service delivery, to advise in the development and implementation of its plan, periodically review and propose modifications to the plan, and establish the methodology for establishing the percentage limit used to compute hospital revenues. Requires such methodology to include the use of appropriate external price indicators, the use of data from major collective-bargaining agreements for nonsupervisory hospital employees, and other appropriate indicators of wage costs. Requires the methodology to be approved by the Secretary. Requires a plan, to the extent that it provides for meeting plan requirements through a system which provides for the establishment of rates for hospital reimbursement for hospital inpatient services by an entity other than the hospital, to meet the following additional requirements: (1) except as provided in clause (2), the plan must provide equitable treatment of all entities that pay for health services covered under the plan, of hospital employees, and of patients; (2) if the plan is established under State law, the plan must take into account the proportion of costs associated with, and services covered by, the different payors, including Medicare and Medicaid, and may not permit undue shifting of proportions of costs among the different payors; (3) the plan may not make available any discount in price to any purchaser unless the discount accurately reflects economic benefits to a hospital resulting from a service arrangement with a purchaser and the discount is made available to all other purchasers who can satisfy such service; and (4) the plan must provide a procedure whereby, upon the request of a hospital, an adjustment can be considered to the rate limitation applicable under the plan to that hospital to reflect a significant change in the inpatient hospital services, increased costs for the compensation of employees, funds necessary to provide for the efficient operation of a hospital which the State has determined should remain in operation, and higher expenses associated with a regional tertiary care institution, teaching hospital, or children's hospital. Directs the Secretary, in reviewing a plan which provides for control of hospital inpatient costs through a competitive mechanism, to take into account the degree to which the plan provides for the following or other measures to improve price competition among providers: (1) the plan provides for open enrollment periods; (2) the plan provides for the dissemination of information concerning different health benefits plans; (3) the plan encourages innovation and public incentives to new forms of health care delivery and financing; (4) there are negotiated prices and risk-sharing between insurers and health care providers; and (5) the laws of the State do not impose legal barriers to competition in negotiated and other arrangements among insurers and health care providers. Sets forth part B of title XXI entitled "Residual Federal Program, subpart I, Transition Period." Provides that, subject to the provisions of subpart I, for any accounting period of a hospital subject to subpart I, the total revenues for inpatient hospital services may not exceed the total of such revenues that are permitted on the basis of prospective payment limits established under subpart I for the hospital's discharges as classified by diagnosis-related groups. Requires each hospital subject to a limitation on revenues under subpart I to provide for the publication of a price list which establishes the price per discharge which any payor may pay for inpatient hospital services. Requires a hospital to submit its price list to the Secretary. Directs the Secretary to determine (for each accounting period) a prospective payment limit for inpatient hospital services for discharges classified by diagnosis-related groups. Sets forth the method for determining and adjusting the limit for each hospital for discharges. Authorizes the Secretary, at the request of a hospital, to increase the allowable revenues for an accounting period or provide for an increase in the base number of discharges otherwise permitted under subpart I to allow for higher revenues than would otherwise be permitted if: (1) a major renovation or replacement of physical plant or significant change in the capacity of the hospital has occurred; (2) the hospital is a sole community provider or provides a disproportionate percentage of its services to low-income or Medicare patients, the hospital would otherwise be insolvent, and the State has determined that the hospital should remain open; (3) a larger revenue increase is needed because the hospital is a regional tertiary care institution, teaching hospital, or children's hospital; and (4) there has been a significant change in the characteristics of the hospital's mix of patients. Subjects a hospital which has total inpatient revenues for an accounting period in excess of its applicable limit to a civil penalty, unless the excess is deposited in an escrow account. Permits withdrawals from the account upon the Secretary's certification that the total inpatient revenues of a hospital for an accounting period fall below the applicable limit for that period. Establishes a civil penalty for a physician or other person or entity (other than a hospital) who has charged any person or entity for services which are required by law to be billed to a hospital. Sets forth provisions relating to notice, opportunity for a hearing, and appeal of such penalties. Prohibits a hospital from engaging in an admission practice that results in: (1) a refusal to admit a patient who is unable to pay for inpatient hospital services; (2) the refusal to admit a patient who would be expected to require unusually costly or prolonged treatment; or (3) the refusal to provide emergency services to any person in need of such services. Sets forth penalties, including exclusion from Medicare or Medicaid participation, for hospitals committing such admissions violations. Sets forth subpart II of Part B entitled "Post-Transition Period." Provides that in the case of a State not having a plan approved under part A and in effect for any period beginning after the transition period, the Secretary shall establish and implement a health care plan for such State for such period which meets the requirements of part A, with specified differences. Sets forth definitions under part C of title XXI. Establishes an Advisory Committee on Health Care Technologies and Procedures. Directs the Advisory Committee to examine the appropriateness of the various interventions and the conditions under which they are needed, the safety and efficacy of alternative therapeutic and preventive regimens, and the standards for availability and utilization of various technologies, and to publicly report on whether or not payments should be made for such services and, if so, under what conditions and frequency of service. Exempts individuals enrolled in health maintenance organizations and competitive medical plans from the limits established under title XXI on revenues and discharge of a hospital if: (1) the organization elects such treatment; or (2) the organization annually pays for more than 20 percent of the number of bed-days of care with respect to that hospital. Amends provisions of the Public Health Service Act relating to employees' health benefits plans to provide that if an employer makes a contribution with respect to the costs of a health benefits plan of an employee and the employer offers the option of membership in a health maintenance organization or a competitive medical plan, which membership provides benefits at least actuarially equivalent to those provided under the other health benefits plan, the employer shall: (1) contribute at least as much towards the membership as the maximum amount of the employer's contribution to the other plan; (2) provide for a cash rebate if the contribution with respect to any other health benefits plan exceeds the cost of membership with the organization; and (3) provide information to employees that reasonably compares the benefits and costs of different plans. Exempts from the provisions of the previous sentence employees of an employer represented by a collective bargaining representative or other employee representative selected under any law. Amends title XVIII (Medicare) of the Social Security Act, with respect to health maintenance organizations and competitive medical plans, to provide that the annual per capita rate of payment for each class of members shall be 100 percent in the case of individuals enrolled with an eligible organization in an area where at least 30 percent of the individuals eligible to enroll with an organization are enrolled. Amends title XIX (Medicaid) of the Social Security Act to exempt a health maintenance organization which is a public entity from the requirement that at least 75 percent of its membership be Medicaid eligible or insured under part B (Supplementary Medical Insurance) of title XVIII or under both parts A (Hospital Insurance) and B of title XVIII. Directs the Secretary, under the prospective payment provisions of title XVIII of the Social Security Act, to provide that in the case of a State health care plan approved under Part A of title XXI of the Public Health Service Act payments with respect to services covered under title XXI: (1) may, at the State's option, be made in accordance with title XXI rather than Medicare; or (2) shall be made in accordance with title XXI rather than Medicare in the case of a plan which provides for the control of hospital costs through a title XXI ratesetting mechanism. Provides for increased Medicare payments to a hospital for its operating costs if the number of admissions for an accounting period exceeds the hospital's admissions during a specified base period. Directs the Secretary to determine a regionally adjusted capital-related prospective payment rate for each inpatient hospital discharge in accordance with a specified formula. Directs the Secretary, for each diagnosis-related group, to estimate the average per discharge amount of charges recognized under part B of title XVIII attributable to items and services furnished to inpatients within such group during 1983. Provides that, subject to the part B deductible and subject to other provisions of the Medicare prospective payment rate provisions, with respect to each individual entitled to benefits under part A and enrolled under part B of title XVIII who is a hospital inpatient and whose discharge is classified within a diagnosis-related group, the Secretary shall provide for payment to the hospital of an amount equal to 80 percent of a specified rate in lieu of payments otherwise made under part B for inpatient services. Requires that: (1) payments for health care services furnished to inpatients be made to or through a hospital as a condition of the hospital's participation in the Medicare payment; and (2) the Secretary provide for notice to the public and to individuals enrolled under part B of title XVIII of the Social Security Act of such requirement. Permits the Federal Hospital Insurance Trust Fund to borrow at any time from other social security trust funds if it can repay the loan within ten years. Provides for the periodic transfer to the Federal Hospital Insurance Trust Fund from the Federal Supplementary Medical Insurance Trust Fund of amounts which the Secretary determines to be equal to a specified fraction of the total revenues of the Federal Supplementary Medical Insurance Trust Fund for each fiscal year. Directs the Secretary to conduct and report to the Congress on seven studies relating to: (1) health care costs, quality, delivery, and services; and (2) the effects of this Act.
United States · United States Congress · 28 March 1985
Prohibits interstate and foreign commerce in any article of fur derived from an animal trapped in a steel jaw leghold trap. Establishes criminal penalties for violations of this Act. Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Makes the Secretary, with the assistance of appropriate Federal or State personnel, responsible for enforcing this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture.
United States · United States Congress · 28 March 1985
Designates the week beginning September 15, 1985, as National Dental Hygiene Week.
United States · United States Congress · 27 March 1985
Authorizes and requests the President to designate the third week of June 1985 as National Veterans' Health Care Awareness Week.
United States · United States Congress · 27 March 1985
Expresses the sense of the House of Representatives that travel by Members of Congress to the Soviet Union and travel by Soviet leaders to the United States serves the interests of the two nations and that such travel is encouraged.
United States · United States Congress · 25 March 1985
Federal Employee Age Discrimination Amendments of 1985 - Amends the Internal Revenue Code, the Foreign Service Act of 1980, the Coast and Geodetic Survey Commissioned Officers' Act of 1948, the Public Health Service Act, the Revised Organic Act of the Virgin Islands, the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, and other Federal laws to remove maximum hiring ages and mandatory retirement ages for the following civil servants: U.S. Park Police; air traffic controllers; Panama Canal employees; Department of Justice law enforcement personnel; Federal Bureau of Investigation personnel; the District of Columbia firefighters; the U.S. Forest Service firefighters; Foreign Service Officers; Commissioned Officers of Public Health Services; Tax Court judges; Coast and Geodetic Survey officers; Lighthouse Service officers; Central Intelligence Agency employees; the Comptroller General; the Chief Judge of the District Court of the Virgin Islands; and the Director of the Federal Judicial Center.
United States · United States Congress · 21 March 1985
Safe Drinking Water Act Amendments of 1985 - Title I: Public Water Systems - Amends the Safe Drinking Water Act (SDWA) to make existing national interim primary drinking water regulations final. Directs the Administrator of the Environmental Protection Agency (EPA), within varying time periods for specified contaminants, to simultaneously propose and then publish either maximum contaminant level goals and national primary drinking water regulations or else a determination that such regulations are not justified because the levels of such contaminant in the public water systems do not represent a threat. Directs the Administrator to publish maximum contaminant level goals and simultaneously promulgate national primary drinking water regulations for each other substance which may have an adverse effect on human health. Requires the Administrator to publish an annual list establishing priorities for the review of such substances, considering substances regulated as toxic water pollutants under the Clean Water Act and substances registered as pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. Directs the Administrator, within three years of each contaminant's being listed on such priority list, to simultaneously propose and then publish either maximum contaminant level goals and national primary drinking water regulations or else a determination that such regulations are not justified. Requires that each maximum contaminant level goal allow an adequate margin of safety and that each national primary drinking water regulation specify a maximum level which is as close to the goal as is feasible. Authorizes the Administrator to promulgate a national primary drinking water regulation that requires the use of an acceptable treatment technique in lieu of establishing a maximum contaminant level if it is not economically or technologically feasible to establish such a level. Directs the Administrator to propose and promulgate primary drinking water regulations specifying when public water systems using surface water as a source of supply must use filtration. Directs the Administrator to promulgate disinfection regulations applicable to all public water systems, including variances and technical assistance. Directs the Administrator to provide the Science Advisory Board an opportunity to comment prior to the proposal of a maximum contaminant level goal and national primary drinking water regulation. Authorizes the Administrator to take into consideration the size of a public water system and the contaminants likely to be found in its drinking water in requiring a system to monitor for unregulated contaminants. Directs the Administrator to promulgate regulations requiring every public water system to conduct a monitoring program for unregulated contaminants at least once every five years, unless the number of persons served or the likely contaminants require greater frequency. Authorizes the primary State enforcement authority to delete contaminants for an individual system after Administrator approval of the assessment. Permits the waiver of such monitoring requirement for certain systems which have recently concluded such a program and for certain systems supplying fewer than 150 service connections. Authorizes the Administrator to issue compliance orders as well as bring civil suits to enforce these provisions. Directs the Administrator to amend regulations to provide for varying types and frequencies of public notice of violations by a public water system, depending upon their frequency and seriousness. Requires a State to prescribe within one year a schedule of compliance and implementation of control measures at the same time it grants an exemption. Permits the primary enforcing authority (State or Administrator in the case of four States and the District of Columbia) to extend the exemption for up to three years after the issue date if a system in good faith cannot meet the standard without capital improvements or financial assistance or has agreed to become part of a regional public water system. Permits exemption renewals for systems with 500 or fewer service connections. Establishes criminal and civil penalties for tampering with a public water system. Authorizes the Administrator to provide technical assistance to small public water systems to enable them to comply with national drinking water standards. Authorizes appropriations for FY 1986 through 1989. Title II: Protection of Underground Sources of Drinking Water - Prohibits the disposal of hazardous waste by underground injection above or into a formation which contains an underground source of drinking water unless such injection is part of a required corrective or response action. Directs the Administrator to require groundwater monitoring at appropriate locations to detect fluid migration into underground drinking water sources from injection wells. Requires the Administrator to report to the Congress within nine months of this Act's enactment on State surveys of disposal wells which discharge nonhazardous waste into or above underground sources of drinking water. Directs the Administrator to issue a compliance order or commence a civil action if a State does not enforce violations of the underground injection control program. Quintuples the maximum per day penalty for violations. Revises other provisions relating to the imposition of civil penalties. Requires each State to adopt and submit to the Administrator for approval a comprehensive State plan to protect underground sources of drinking water from unhealthful contamination. Requires such plans to: (1) identify the implementing agency; (2) identify each underground water source, its quality, patterns, and contamination potential; (3) identify the types of human development and their effects for each such source; (4) set forth regulations, including establishing best management practices for potential contamination activities; and (5) guarantee alternative drinking water supplies when an underground source becomes unhealthful to persons. Sets forth submission and resubmission procedures. Requires State compliance with these requirements as a condition of receiving funds for a State underground injection program. Extends to natural gas storage operations specified limitations on regulation of underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production. Limits the use of funds authorized for such purposes to these purposes. Requires each State to implement its plan within two years of its adoption if possible, submitting a progress report to the Administrator within that time regarding implementation. Requires Federal agencies involved in activities affecting a critical recharge area identified in an approved State plan to act in a manner consistent with such plan. Authorizes municipalities within a sole source area to petition the Governor to designate part of such area as a "special protection area." Requires the Governor, if approving the petition, to: (1) designate or establish an entity to develop a comprehensive management plan; (2) assure and encourage public participation; and (3) submit to the Administrator of the Environmental Protection Agency the proposed boundaries of the area and a description of the planning entity. Authorizes the Administrator, if approving the Governor's submission, to provide such State with a 50 percent matching grant for the costs of preparing the petition and developing and implementing the plan. Increases the Federal share to 60 percent for aquifers serving populations of 10,000 or less. Requires the plan to maintain the quality of the ground water recharged through the special protection area by maintenance, to the maximum extent possible, of the natural vegetative and hydrological conditions. Permits the resubmission of modified plans if earlier submissions to the Governor or Administrator are rejected. Authorizes the Administrator or a State with primary enforcing responsibility to order certain contaminators of a sole or principal source aquifer which supplies a public water system to provide potable water to affected persons. Establishes civil penalties for violations. Directs the Administrator to establish criteria for sole or principal source areas. Title III: General Provisions - Authorizes appropriations for FY 1986 through 1989.
United States · United States Congress · 21 March 1985
Designates the month of October 1985 as National Head Injury Awareness Month.