United States · United States Congress · 16 December 1985
Highway Safety Initiative Act - Authorizes the Federal share payable on account of any highway safety improvement project to be 100 percent of construction cost if the benefit to cost ratio (as determined under a certain highway safety evaluation system) equals 1.0 or more. Limits the apportionment of certain funds which may be used for payment of the Federal share.
United States · United States Congress · 20 November 1985
Telecommunications Equipment and Information Services Act of 1985 - Authorizes the Bell operating companies to provide information services (excluding electronic publishing) and to manufacture telecommunications equipment, subject to such regulations as the Federal Communications Commission may prescribe. Conditions such authority on the Commission's determination that no Bell operating company could impede competition in the information services or telecommunications equipment manufacturing businesses. Requires the Commission to include in its annual report to the Congress an assessment, providing for public comment, of the impact of this Act on employment in such businesses.
United States · United States Congress · 20 November 1985
Designates May 25, 1986, as Hands Across America Day. Authorizes and requests the President to commend: (1) United Support of Artists for Africa for their Hands Across America project; and (2) the American people for their commitment to helping people help themselves.
United States · United States Congress · 14 November 1985
Amends title XVIII (Medicare) of the Social Security Act to permit certain rural hospitals located within 75 miles of an urban area to request increased payments for inpatient hospital services so that the portion of such services paid for by Medicare approximates the portion covered for hospitals in the nearest urban area. Authorizes the Secretary of Health and Human Services to require hospitals making a request for increased payments to submit an audit of its costs. Entitles the hospital to an evidentiary hearing before an appeals board if the Secretary disapproves the hospital's request. Requires the Secretary to appoint an appeals board composed of specified members of the health care community. Specifies the board's powers and duties of review. Sets deadlines for the publication of, comment on, and finalization of regulations implementing this Act.
United States · United States Congress · 5 November 1985
Limits the number of Federal personnel authorized to use a government motor vehicle or aircraft for transportation between residence and place of employment to: (1) a maximum of 13 employees of the executive branch, as designated by the President; (2) Members of Congress or congressional employees, limited to seven vehicles for each house; and (3) the Chief Justice of the United States. (Retains current authorization for the President, the Vice President, the heads of certain executive departments, and principal diplomatic and consular officials.) Requires the President to include in the budget justification for each agency a complete listing of employees receiving such transportation. Requires the Inspector General of each agency to submit to the House and Senate Committees on Appropriations an evaluation of the agency's compliance, including violations and remedial actions. Requires suspension without pay and reimbursement of expenses for officers or employees who use or authorize the use of a government vehicle in violation of this Act.
United States · United States Congress · 31 October 1985
Title I: Prevention of Currency Misalignments - Amends the Trade Act of 1974 to direct the President to proclaim for the appropriate period import restrictions whenever large and serious imbalances in external accounts require special import measures to restrict imports to: (1) deal with U.S. deficits; (2) prevent depreciation of the dollar in foreign exchange markets; or (2) cooperate with other countries in correcting a persistent misalignment of exchange rates. Authorizes the President to proclaim for the appropriate period special measures to increase imports whenever large and serious imbalances in external accounts require such measures to: (1) deal with large and persistent current account surpluses; (2) prevent significant appreciation of the dollar in foreign exchange markets; or (3) cooperate with other countries in correcting a persistent misalignment of exchange rates. (Current law requires the President to proclaim such import restrictions or measures to increase imports whenever required by basic international payments problems.) Directs the President to decide when a large and serious U.S. deficit or surplus exists except that such a deficit or surplus shall be considered to exist if a sustained deficit period or sustained surplus period occurs. Defines a sustained deficit period to mean five consecutive quarters in which U.S. deficits exceeded two and one-half percent of the gross national product. Defines a sustained surplus period to mean five consecutive quarters in which the U.S. surplus exceeded two and one-half percent of the gross national product. Authorizes the President to refrain from proclaiming any import restriction or any import-increasing measure if: (1) the deficit during the last six months is less than two and one-half percent of the gross national product or the surplus during the last six months is less than two and one-half percent of the gross national product and the International Trade Commission (ITC) makes specified findings; and (2) the President determines that the restriction is contrary to the national interest and the President informs the Congress of such determination and consults with a specified group of congressional advisers. Declares that the President should, in each year occurring after the close of a sustained deficit period or occurring after the close of a sustained surplus period, reduce large and persistent account imbalances by taking action to implement one or more of specified options. Directs the President, at the end of four consecutive quarters in which the deficit in each quarter exceeded two and one-half percent of the gross national product or in which the surplus exceeded two-and one-half percent of the gross national product, to request the International Monetary Fund (IMF) to report on: (1) the compliance of each member of the IMF with its objection under section 1 of Article IV of the IMF Articles of Agreement; and (2) its judgment regarding the impact which the degree of compliance is having, and will have on the current account imbalances. Directs the President within 120 days of each such period of four consecutive quarters to take action to convene joint consultations with the IMF Executive Director and the appropriate members of the IMF to improve the coordination among the national macroeconomic policies and taking such other action as may be necessary to restore equilibrium among national current accounts. Expresses the sense of the Congress that the President seek changes in international agreements to allow: (1) surcharges in place of quotas as balance-of-payments adjustment measures; and (2) quotas and surcharges to deal with large and persistent current account imbalances and currency misalignments. Title II: Relief from Unfair Trade Practices - Amends the Tariff Act of 1930 to establish in the ITC the Office of Unfair Trade Investigations. Sets forth the functions of such Office, including: (1) carrying out the functions assigned on October 1, 1985, to the ITC's Office of Unfair Import Investigations; and (2) monitoring the operation of U.S. and foreign trade laws, policies, and practices. Requires the Office to take certain actions if a foreign country or instrumentality is suspected of: (1) subsidizing or dumping exports to the United States; (2) engaging in unfair trading practices; or (3) violating U.S. trade rights under trade agreements. Sets forth factors to be considered by the Office. Prohibits the Office from taking action in certain cases. Requires the ITC to ensure that the Office has sufficient manpower and resources to carry out its functions. Transfers from the President to the U.S. Trade Representative (USTR) certain functions relating to enforcement of U.S. trade rights under trade agreements and response to certain foreign trade practices. Requires the USTR, if notified that a foreign act, policy, or practice is a cause of injury or threat of injury to a domestic industry or is injurious industrial targeting, to decide within 160 days which of the following actions to take: (1) suspension, withdrawal, or prevention of application of trade benefits; (2) imposition of import duties or restrictions on the production and services of such foreign entity; (3) negotiation of orderly marketing agreements; or (4) development of actions to restore or improve the international competitiveness of the injured or threatened industry. Requires the USTR, upon receiving such notification, to begin negotiations on an agreement to eliminate the injurious act, practice, or policy. Authorizes the USTR, subject to Presidential disapproval, to: (1) restrict the terms and conditions of certain service sector access authorizations; or (2) deny the issuance of such authorizations. Defines injurious industrial targeting to mean any combination of coordinated government actions that are bestowed on a specific enterprise the effect of which is to: (1) injure a U.S. industry or to retard the growth or establishment of a U.S. industry; and (2) help make it more competitive in the export of any class or kind of merchandise. Amends the Tariff Act of 1930 to include in the definition of "subsidy" (for antidumping and countervailing duty purposes) any resource input subsidy. States that a "resource input subsidy" is found to exist if: (1) (a) a product is provided or sold by a government-regulated or controlled entity within a country for input use within such country at a domestic price that is lower than the fair market value of the input product and is not freely available to U.S. producers; and (b) a product would, if sold at the fair market value, constitute a significant portion of the total cost of the manufacture or production of the merchandise in or for which the input product is used; or (2) under specified circumstances, the right to remove or extract such product is provided or sold by a government or a government-regulated or controlled entity within a country. Sets forth the method of calculation for the amount of a resource input subsidy. Defines "fair market value" and "input use". Requires injury determinations by the ITC to be made in all countervailing duty investigations relating to the existence of resource input subsidies. Makes it unlawful for any person to: (1) alter a country of origin; or (2) sell or transport any article that does not have its country of origin marking or that has had its country of origin marking altered. Sets forth penalties. Makes it unlawful to sell or distribute counterfeit goods in countries outside the United States. Authorizes the ITC to prohibit imports by any person with respect to whom there is reason to believe that such person is violating the prohibition against selling or distributing counterfeit goods in foreign countries. Requires such counterfeit goods to be seized and forfeited if they are imported into the United States. Makes it unlawful to sell or transport such goods in the United States. Sets forth penalties. Title III: Relief from Injury Caused by Import Competition - Amends the Trade Act of 1974 to transfer from the President to the USTR certain duties relating to import relief. Requires an import relief petition to include a proposal for restructuring the industry to ensure that the industry will be able to operate viably when import relief is terminated. Requires the ITC to determine in an import relief investigation whether, in addition to the matters it is currently required to determine, it is likely that adjustment assistance and other Federal assistance will, in conjunction with other import relief, effectively remedy the labor and community dislocation caused by the import injury. Provides that a decline in demand because of general recessionary conditions in the U.S. economy may not be considered a cause of injury more important than imports. Directs the ITC to complete its investigation on an import relief petition and report its findings to the USTR within six months of the filing of the petition. Directs the ITC, if it determines that serious injury or the threat of serious injury exists and that it is likely that adjustment assistance or other Federal aid will remedy the dislocation associated with that injury or threat, to: (1) find the amount of increase in, or imposition of, duty or import restriction necessary to prevent or remedy such injury or threat; (2) specify such Federal aid (other than adjustment assistance) necessary to remedy the dislocation; and (3) specify those elements of the industry restructuring proposal that is necessary to enable the industry to adjust to import competition. Directs the USTR, after receiving such a report from the ITC, to: (1) provide import relief for the industry unless the USTR determines that such relief is not in the national economic interest; (2) require expeditious consideration of petitions adjustment assistance for affected workers and firms; (3) request expeditious consideration for petitions for other Federal aid; and (4) specify which of the elements of the restructuring proposal that the industry must implement to operate viably when import relief is ended. Requires the USTR within 60 days of receiving such report to determine whether import relief will be provided and what method and amount of relief will be provided. Directs the ITC, if it determines that serious injury or the threat of serious injury exists and that it is unlikely that adjustment assistance or other Federal aid will remedy the dislocation associated with that injury or threat, to convene a Multipartite Adjustment Council to determine import relief for the industry and adjustment programs for the labor and community dislocation. Prohibits certain types of import relief (tariff increases, quotas, orderly marketing agreements) for the industry in such circumstances. Requires the ITC to report to the USTR if the ITC decides that the industry is not substantially implementing the elements of its industry restructuring plan. Authorizes the USTR to suspend, reduce, or terminate the import relief to the industry under such circumstances. Sets forth administrative provisions relating to the Multipartite Adjustment Council. Requires the Council to develop and submit to the USTR an import protection and domestic recovery plan for the industry. Sets forth information to be included in such plan. Requires the USTR to take specified actions upon approving such plan. Establishes in the Treasury an Industry Assistance and Restructuring Fund. Title IV: Adjustment Assistance for Workers and Firms - Expresses the sense of the Congress that whenever there occurs a net increase in value of imports in a year in relation to the previous year there should occur a proportionate increase in the rate at which trade adjustment assistance petitions for businesses and for workers are approved. Subtitle A: Worker Adjustment Assistance - Amends the Trade Act of 1974 to require certifying workers as eligible for trade adjustment assistance if increases in imports like or directly competitive with articles to which a worker's firm or subdivision provides essential parts or services contributed importantly to: (1) the total or partial separation of such worker or threat of such total or partial separation and to a decline in sales and production of the firm or subdivision; or (2) such separation or threat of such separation because of the relocation of the production functions of that firm or subdivision to a foreign country or instrumentality. Treats as a qualifying week for adjustment assistance purposes any week a worker receives back pay because of being laid off. Limits to seven the number of weeks that may be treated as qualifying weeks of employment in cases in which an employee is on employer authorized leave or is serving as a labor organization representative. Extends the duration of trade adjustment allowances from 52 to 104 weeks. Requires additional payments to be made as trade readjustment allowances to help an adversely affected worker to undertake training if the worker submits, before the worker exhausts all rights to that part of unemployment insurance that is regular compensation, either: (1) a bona fide application for an approved training program; or (2) an application for a training voucher. Authorizes making additional payments: (1) for up to 26 additional weeks if the training program or voucher is approved before the close of the last week for which the worker is eligible for a trade readjustment allowance; or (2) for up to 52 additional weeks if the training program or voucher is approved after the close of the last week for which the worker is eligible for a trade readjustment allowance. Requires (current law authorizes) the Secretary of Labor to approve job training if the worker meets specified requirements. Requires the costs of the training to be paid from the next appropriation of funds if the funds have not been appropriated at the time the training is entered into. Defines "reasonable expectation of employment" for purposes of determining if training should be approved. Sets forth the method of determining the amount that employers should be reimbursed for providing training. Authorizes workers eligible for training to elect to obtain training through the use of training vouchers. Directs the Secretary of Labor to issue a voucher if the Secretary: (1) approves the training course for which the worker applies; and (2) finds that suitable employment for the worker is not available, the worker is not already qualified for the job for which training is sought, and there is a reasonable expectation of employment after completion of the training. Sets forth specified conditions which the provider of the training must meet in order to redeem the voucher. Requires each State agency that is providing adversely affected workers with testing, counseling, training, and placement services to: (1) advise each adversely affected worker to apply for training under the trade adjustment assistance program or to begin a search for appropriate training under the voucher system at the time the worker applies for trade readjustment allowances; and (2) interview the adversely affected worker within 60 days on suitable training opportunities available under the trade adjustment assistance program. Subtitle B: Firm Adjustment Assistance - Requires certifying a firm as eligible for trade adjustment assistance if: (1) certain conditions are met and if sales or production, or both, of an article that accounted for at least 25 percent of the firm's total production or sales during the 12-month period preceding the most recent 12-month period for which data are available have decreased absolutely; or (2) increases in imports of articles like or directly competitive with a critical product line of the firm resulting from targeting by one or more foreign countries, the firm is threatened with the idling of its facilities, with unprofitability, and with underemployment or unemployment of a significant number or proportion of its workers, and increases in imports contributed importantly to those threats. Defines "targeting" to mean the policy of a country that selectively supports the development of an industry to enhance its competitiveness in domestic or export markets. Deletes the requirement that in order to qualify for adjustment assistance a firm not have access to financing through the private capital market. Deletes the provision authorizing assistance to firms in preparing the firms' adjustment proposals. Authorizes the Secretary of Commerce (the Secretary) to make grants: (1) to certain industry organizations to assist them in designing and managing trade adjustment strategies; and (2) to private individuals, firms, or institutions to assist firms that have been certified as eligible for adjustment assistance. Limits the amount that may be allotted for such grants. Prohibits providing a loan in excess of $500,000 to a firm under the adjustment assistance provisions if the firm can obtain loan funds from private sources using the adjustment assistance guarantee loan assistance loan authority. Deletes the provision that prohibited financial assistance to a firm through the adjustment assistance authority unless the funds are not available from the firm's own resources. Sets forth a method of determining the interest rate on each loan made through the adjustment assistance provisions. Prohibits the Secretary from guaranteeing any loan if the interest rate is determined to be excessive (currently, if it is determined to be excessive when compared with other loans bearing Federal guarantees). Prohibits the Secretary from making a loan or guaranteeing a loan having a maturity in excess of 25 years or the weighted average useful life of its collateral, except that the Secretary may make or guarantee a loan having a maturity of up to five years. Requires the Secretary, in making guarantees or loans in excess of $150,000, to give priority to firms that are small within the meaning of the Small Business Act. Prohibits any adjustment assistance loan guarantee from being made for an amount that exceeds 90 percent of the outstanding balance on the portion. Declares that the validity of the guarantee shall be incontestable except for fraud or misrepresentation of any party who purchases, as an authorized secondary market investor, all or part of the guaranteed portion of such loan. Increases the total maximum amount of adjustment assistance loan guarantees that may be outstanding at any time. Deletes the provision that prohibits granting financial assistance to a firm unless the owners, partners, or officers of the firm bind themselves to avoid certain conflicts-of-interest. Requires all repayments of loans, interest payments, and other receipts from financial aid to firms to be paid into a separate account administered by the International Trade Administration. Subtitle C: Uniform Additional Duty - Directs the President to undertake negotiations to change the General Agreement on Tariffs and Trade (GATT) to allow any country to impose a small uniform duty on all imports to fund adjustment assistance programs for workers and firms of that country. Imposes on all imports into the United States a duty at a uniform rate determined by the President: (1) to be in accordance with the GATT; and (2) to be sufficient to fund adjustment assistance programs. Subtitle D: Effective Dates - Sets forth the effective dates for the changes made by this title. Title V: CIF Basis of Appraisement - Amends the Tariff Act of 1930 to require that in addition to the bases currently required by law imports shall be appraised on the basis of the CIF costs (the costs and charges incurred by the buyer for the transportation, insurance, loading, and handling incident to shipment of the merchandise from the exporting country to the place of importation in the United States). Provides for adjusting the transaction value of merchandise based on significant differences between the CIF costs for the imported goods and for the identical or similar goods in question. Includes the CIF costs in determining the value of imports. Expresses the sense of the Congress that the revenues that accrue from the amendments made by this title be applied to ensure that the annual staffing levels of the Customs Service are not less than a specified level for FY 1986.
United States · United States Congress · 30 October 1985
Designates 1986 as Save for the U.S.A. Year. Requests the President to initiate a nationwide campaign, to be known as the Buy Back America campaign, to encourage the people of the United States to buy U.S. savings bonds and certificates and thereby reduce borrowings from foreign sources. Requires the Secretary of the Treasury to enhance the marketability of such bonds and certificates.
United States · United States Congress · 10 October 1985
States that a person shall be considered an American national if such person completes 15 years of lawful continuous residence in the United States or American Samoa, and one of his or her parents was a national of the United States and a resident of the United States or American Samoa at the time of that person's birth.
United States · United States Congress · 3 October 1985
Comprehensive Smokeless Tobacco Health Risk Education Act - Directs the Secretary of Health and Human Services to develop educational programs and materials and public service announcements on the dangers to human health from the use of smokeless tobacco and to make such programs, materials, and announcements available to States, local governments, and school systems. Permits the Secretary to make grants to States to assist in the development and distribution of educational programs, materials, and public service announcements on the dangers to human health from the use of smokeless tobacco and to establish 21 as the minimum age for purchasing smokeless tobacco. Requires specified warning labels on all smokeless tobacco products and advertisements. Directs the Federal Trade Commission (FTC) to promulgate regulations to implement this Act. Imposes a ban on smokeless tobacco advertising on any medium of electronic communication subject to the jurisdiction of the Federal Communications Commission (FCC), effective January 11, 1986. Grants district courts of the United States jurisdiction and injunctive powers to prevent and restrain violations of this Act. Directs the FTC to report to the Congress annually on the use and health effects of smokeless tobacco products. Directs the FCC to report to the Congress annually on the sales and advertising and marketing practices associated with smokeless tobacco products.
United States · United States Congress · 3 October 1985
Federal Government Easy Access Act - Requires Federal agency correspondence outside the executive branch to include the name, phone number, and mailing address of individuals to whom responses and inquiries may be made.
United States · United States Congress · 1 October 1985
Amends the copyright law to make permanent the prohibition against importing certain English language books not manufactured in the United States and Canada, denying copyright protection to books imported in violation of this restriction (the manufacturing clause).
United States · United States Congress · 19 September 1985
Superfund Expansion and Protection Act of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)(Superfund) to include among hazardous substances subject to such Act any petroleum released from an underground storage tank. Includes community relocation and business and employment protection costs within removal costs. Includes pollutants and contaminants under Superfund, defining them as any substance which after release into the environment causes disease or abnormalities upon exposure or assimilation, either directly or through the food chain. Excludes petroleum and natural gas, except as otherwise indicated under such Act. Redefines "release" to include the abandonment of containers containing hazardous substances or pollutants or contaminants. Directs the Administrator of the Environmental Protection Agency to establish reportable quantities for all noncarcinogenic hazardous substances within six months of this Act's enactment and for all other hazardous substances by October 1, 1986. Increases criminal penalties for failure to notify the Government of a hazardous substance release. Requires the Administrator to consider long-range effects when evaluating the cost-effectiveness of offsite remedial actions. Authorizes the Administrator to undertake any response action when faced with a release or threatened release of a hazardous substance unless the Administrator determines the responsible party will take appropriate action. Requires the Administrator to assess the health effects associated with such release or potential release. Directs the Administrator to publish a cleanup schedule, granting priority to releases affecting principal drinking water sources, for releases or threatened releases for which no cleanup agreement with responsible parties has been reached. Requires a State to pay at least 50 percent of the cleanup costs only if the State both owned and operated the polluting facility. Credits States with cleanup costs already dispersed as specified. Requires the Administrator to choose remedial actions which are: (1) consistent with the National Contingency Plan (NCP); (2) cost-effective; and (3) permanent whenever possible. Places facilities for which no permanent solution is technologically feasible on an interim National Priorities List (NPL), such list to be reviewed every five years to determine if a permanent solution has become feasible. Eliminates the requirement that pollutant levels be such as to protect human welfare, leaving the requirement that such levels protect human health and the environment. Requires pollutant levels to comply with the other Federal standards applicable. Specifies under what conditions removal actions must comply with the requirements of the Solid Waste Disposal Act. Entitles Federal and State environmental officials to access to the information and premises of any person who generates, treats, or disposes of hazardous substances for purposes of determining the need for a response action. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to prepare toxicological profiles on the most frequently found or threatening hazardous substances. Permits individuals to petition the Administrator for a health effects study where hazardous substances have been removed if warranted by a preliminary assessment. Entitles the public to participate in the selection of a plan for remedial action. Authorizes the Administrator to provide grants for technical assistance to groups which may be affected by a release from a facility on the NPL. Establishes a schedule for the commencement of remedial investigations and feasibility studies for all facilities on the NPL. Provides for the listing of additional facilities at regular intervals. Requires the commencement of remedial actions starting at the rate of 200 facilities per year within three years of enactment. Requires the Administrator to complete preliminary assessments of all facilities on the Emergency and Remedial Response Information System list by the start of 1987. Requires completion of remedial action for facilities currently on the NPL within five years or an explanation of nonperformance. Requires the Administrator to revise the NCP, consistent with these provisions. Permits an individual to petition the Administrator for a preliminary assessment of a release. Includes damage to the food chain and the ambient air among the factors determining a facility or site ranking under the NCP. Makes abatement action decisions nonreviewable. Prohibits subsequent storage or treatment of hazardous waste at a facility where an abatement action has been taken involving the relocation of individuals, a specified density of population, and other factors. Includes additional Federal cleanup or abatement activities for which a responsible party would be liable. Makes liability strict, joint, and several under this Act for damages and costs resulting from the release and cleanup of hazardous substances. Exempts State and local officials from liability for nonnegligent emergency response actions. Requires each Federal agency which may be a defendant under this Act to provide its own counsel rather than the Attorney General. Entitles a defendant to prove damages are divisible and to seek contribution. Sets forth authorized uses of Superfund, including emergency relief, health studies, toxicological profiles, and petition-prompted investigations. Earmarks funds for FY 1986 through 1990 for petroleum released from an underground storage tank. Requires an annual audit of the conduct of Superfund, including comparative reports of actions taken in earlier fiscal years. Establishes a statute of limitations of six years after the completion of the response action, regardless of the date of discovery of the loss. Permits a State to require contributions for response costs compensated under this Act. Requires each Federal agency and department to notify the Administrator, within six months of this Act's enactment, of any hazardous substance treated, stored, or disposed of at Federal facilities under its control. Requires such agencies and departments to make annual reports to the Administrator on all facilities not on the initial notice. Requires such initial notice to describe the location, nature, toxicity, contamination, response actions, and cleanup techniques for the hazardous substances. Directs the Administrator to establish a public Federal Agency Hazardous Waste Compliance Docket (Compliance Docket) to record each listed facility and subsequent actions taken. Requires preliminary assessment of each facility for possible evaluation under the NCP and inclusion on the NPL. Requires Federal agencies or departments responsible for facilities placed on the NPL to commence a remedial investigation and feasibility study for such facility and enter into an interagency agreement with the Administrator to conduct remedial action. Requires continuous, substantial onsite response within six months of the agreement. Requires that such agreements: (1) review alternative remedial actions and construction design selection by the Administrator; (2) schedule completion of remedial actions; and (3) arrange for long-term operation and maintenance of the facility. Requires completion of remedial actions within two years of the agreement to the extent practicable. Requires explanations of noncompletion to be included on the Compliance Docket and in the agency's or department's annual report to the Congress on its progress on reaching and implementing interagency agreements. Requires such annual report to also include cost information and public comments. Makes Federal facility cleanup actions ineligible for Superfund monies. Provides that the Administrator shall retain the authority to enforce this Act. Includes Federal facilities within CERCLA guidelines for preliminary assessments, NCP evaluations, and inclusion on the NPL. Permits the Administrator to bring an action under CERCLA against any Federal agency or department and prohibits the Attorney General from representing such agencies or departments in such actions. Authorizes a State to require a solid waste disposal facility to charge more for disposal or storage of out-of-State waste than the State of origin would have charged. Exempts response action contractors from liability for nonnegligent response activities. Permits the Administrator to enter into a consent agreement with a responsible party who will properly carryout cleanup activities. Authorizes $250,000,000 for each of FY 1986 through 1990 plus additional amounts as specified for the Hazardous Substance Response Trust Fund (Superfund). Title II: Miscellaneous Provisions - Permits citizen action lawsuits against any party, including the Government, involved with hazardous substances in such a way as may present an imminent and substantial danger to health or the environment or against the Administrator for failure to perform a required duty. Requires potential plaintiffs to give 60 days notice to the appropriate Federal and State officials as well as the alleged violator before commencing an action. Prohibits such action if the Administrator or the State has commenced and is prosecuting a court action already or a settlement has been reached. Permits intervention, as a matter of right. Prohibits citizen actions for the siting or issuance of permit to a hazardous waste disposal facility. Authorizes the Federal district court to award costs to any substantially prevailing party. Permits Federal intervention as a matter of right. Requires the Department of Transportation to promulgate regulations requiring shippers to notify transporters whenever hazardous substances are offered for transportation. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored. Title III: Community Right to Know and Emergency Planning - Amends the Toxic Substances Control Act by adding a new title II concerning communities' right-to-know and emergency planning. Requires each covered manufacturer or processor of a covered hazardous substance (potential release) to prepare and update a fact sheet for such substance for distribution to local police, fire, and health officials. Requires the fact sheet to include the name, physical properties of, and hazards posed by the substance, including potential routes of human exposure to such substance, symptoms of such exposure, and appropriate emergency and first aid procedures. Requires status sheets on the same basis as fact sheets, with each status sheet to include the maximum inventory and method of storage of the substance, the quantity of its emission into the environment, and the quantity and method for disposal. Requires the Administrator to establish a toll-free hotline for such information. Requires the releaser of a covered hazardous substance in an emergency situation to provide an emergency bulletin to the State and local police and other local officials. Requires the bulletin to identify the name and amount of the substance released and the response actions taken. Requires fact and status sheets and emergency bulletins to be made available for public inspection with public notice of such availability at the facility of the potential releaser. Requires the Administrator to publish a uniform format for fact and status sheets. Authorizes a State's governor to identify local officials to receive covered hazardous substance release information, with the Administrator doing so in the absence of the Governor's identification. Requires the potential releasers to maintain records of information required by this Act. Requires manufacturers or processors to transmit fact sheets to covered distributors or users upon shipping of a covered hazardous substance. Provides protection for trade secrets while continuing to make necessary information available to the appropriate persons. Excludes listed or possible carcinogens from such protection. Sets forth application and substantiation procedures for trade secret claims. Permits affected citizens or government officials to compel disclosure of nonsubstantiated trade secrets through the Federal courts. Authorizes the Administrator to grant exemptions from the basic notification requirements of this Act through specified procedures open to the public, based upon a cost-benefits analysis where there is no reasonable likelihood of harm. Directs each covered major manufacturer to develop within two years of enactment of this Act a comprehensive evacuation and emergency response plan which addresses the health and safety issues applicable to such manufacturer's particular situation. Requires the plan to include designations of the appropriate government officials to be notified, mitigation measures, evacuation routes, notification plans, and evaluation of community support services. Authorizes each governor to designate emergency response districts within 18 months of enactment of this Act or the Administrator will do so. Permits each governor to appoint an Emergency Response Committee per district or the Administrator will be treated as such Committee. Requires such Committees to review the manufacturers' plans, revising them where necessary. Directs the Administrator, within 18 months of enactment of this Act, to develop uniform national mandatory labeling requirements for pipes, storage tanks, or containers for any covered hazardous substance not otherwise required to be labeled. Requires the label to indicate the appropriate response to a release. Sets forth categories of substances to be considered covered hazardous substances and procedures for adding additional substances. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to compile and update a digest of all such substances. Exempts certain substances for this Act's purposes, based upon the form, amount, and other regulation of such substances. Establishes civil and criminal penalties, limiting criminal penalties to the knowing violation of emergency requirements. Authorizes citizens' suits to enforce this Act. Permits States to adopt more stringent right-to-know standards. Title IV: Internal Revenue Code Provisions - Amends the Internal Revenue Code to increase and extend through FY 1990 the environmental excise taxes sufficient to reach $1,770,000,000 per year. Title V: Federal Cause of Action - Entitles individuals injured by the disposal of a hazardous substance to recover damages from the responsible parties who will be held strictly, jointly, and severally liable. Entitles such individuals to compensation for expenses related to personal injury, economic injury, and limited pain and suffering. States that this Federal cause of action does not preempt State law regarding liability for damages in connection with any hazardous substance. Establishes a three year statute of limitations, running from the date of knowledge of the injury or the date of enactment of this Act. Prohibits dual recovery through workers' compensation or actions filed in a State court and this Act. Permits additional recovery against the source of the disposal for later manifested injuries.
United States · United States Congress · 31 July 1985
Surface Transportation and Uniform Relocation Assistance Act of 1985 - Title I: Federal-Aid Highway Act of 1985 - Federal-Aid Highway Act of 1985 - Directs the Secretary of Transportation to: (1) apportion for FY 1987 and 1988 the sums authorized to be appropriated for such years for expenditure on the National System of Interstate and Defense Highways; (2) transmit to the Congress within ten days after January 2, 1989, a revised cost estimate for completing the Interstate System; (3) use the Federal share of congressionally approved estimates in making apportionments for FY 1991; and (4) apportion for FY 1986 and 1987 certain sums for substitute highway and urban mass transit projects. Reduces the authorized appropriations per fiscal year for highway assistance programs for FY 1986 through 1990. States that 25 percent of substitute highway project funds for FY 1987 through 1990 shall be distributed at the Secretary's discretion. Directs the Secretary to use the Federal share of certain congressionally approved substitute highway cost estimates in making apportionments for FY 1987 through 1990. Sets distribution guidelines for the apportionment of substitute transit funds for FY 1987 through 1990. Amends the Federal-Aid Highway Act of 1956 to authorize appropriations for the Interstate System through FY 1991. Sets a ceiling, with specified exceptions, for the total of all obligations for Federal-Aid Highways and highway safety construction programs for FY 1986 through 1990. Sets guidelines for redistribution by the Secretary of unused obligational authority among the States. Authorizes appropriations out of the Highway Trust Fund for FY 1986 through 1990 for: (1) the Federal-aid primary system in rural areas; (2) the Federal-aid secondary system in rural areas; (3) the Federal-aid urban system; (4) Indian reservation roads; (5) forest highways; (6) public lands highways; and (7) parkways and park highways. Requires that a minimum of ten percent of the authorized appropriations be expended with small businesses owned and controlled by socially and economically disadvantaged individuals. Revises the apportionment ratios for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System. Extends the authorization formula for Federal-aid primary systems from FY 1986 to 1990. Prohibits Federal approval of State projects on any Federal-aid system unless: (1) the State agrees to provide displaced owners with relocation assistance equal to Federal relocation assistance; (2) the displacement is authorized by State law and is in accordance with the terms of the rental agreement; and (3) the displacement is directly necessitated by such project. Requires contracts relating to State highway department construction projects upon the Federal-aid system to include a standard clause concerning site conditions which differ from those specified in the contract. Permits the use of convict labor and convict-produced materials in highway construction on Federal-aid systems: (1) if such convicts are on supervised release; or (2) if the materials are produced by convicts in a qualified prison facility, but the amount of materials produced in any 12-month period does not exceed the amount previously produced in such facility during the 12-month period ending July 1, 1985. Provides that apportioned funds not obligated within the authorized fiscal year for the Interstate System within a State shall be made available by the Secretary according to certain priorities (including high cost projects for construction of high occupancy vehicle lanes and other lanes on any highway in Los Angeles County, California, designated as part of the Interstate System). Authorizes the Secretary to make discretionary funds available to California for construction of high occupancy vehicle lanes, even if such State does not meet certain eligibility criteria. Makes funds available to Puerto Rico for construction of access and development roads on a Federal-aid system. Makes the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands eligible for emergency relief funding. Exempts tank trucks and ocean transport containers from vehicle weight and length limitations until September 1, 1988. Allows Federal participation in a State toll road which is part of the Interstate System even though the State highway department and the toll road authority have incurred an indebtedness to finance certain ineligible construction expenses for a feature recommended by a final environmental impact statement. Authorizes appropriations out of the Highway Trust Fund for FY 1986 through 1990 for highway beautification. Extends from March 9, 1984, to July 1, 1985, the deadline by which States may use certain Federal-aid highway funds for additional route designations on the Interstate System. Exempts a certain route designation in Weirton, West Virginia, from such deadline. Increases the amounts available for FY 1986 through 1990 for the discretionary bridge program. Authorizes the Secretary to approve, upon application by Arkansas, Federal assistance for construction of a highway bridge to replace ferryboat service. Limits the Federal share of such construction cost to 80 percent. Limits the amount of certain Interstate highway funds which the States may expend for purposes of transportation planning. Authorizes appropriations out of the Highway Trust Fund for Federal-aid highway purposes for FY 1986 through 1990. Directs the Secretary to establish national bridge safety inspection standards for all highway bridges. Prescribes guidelines for such standards. Directs the Secretary to establish a training program for bridge inspectors. Directs the Secretary to: (1) implement a strategic highway research program; and (2) set aside specified funds for FY 1987 through 1991 to implement such program. Changes Buy American provisions to increase from 50 percent to 85 percent the domestic content requirements for certain manufacturers of buses and other rolling stock. Makes eligible for Federal-aid highway funds the construction costs of a certain alternative interstate route in Massachusetts which provides access to an international airport. Authorizes Arkansas to use apportioned funds for the planning, design, and construction of a specified highway. Limits the amount of apportioned funds available for FY 1987 through 1989 for rehabilitation of elevated toll roads in Chicago, Illinois. Prohibits the obligation of Federal funds for: (1) route construction on the National System of Interstate and Defense Highways located mainly in a landfill placed in a river after May 1, 1985; and (2) substitute highway or transit projects which include landfill construction (exempts landfills necessary to preserve existing waterfront character and facilities). Sets guidelines for the obligation of Federal funds for alternative interstate projects. Makes certain interstate lane construction projects eligible for certain Federal-aid highway funds. Authorizes the Secretary to approve (upon the joint request of the Governor of California and the local governments concerned) a substitute transit construction project for a fixed guideway system in lieu of eligible interstate lane construction if the substitute project is in or adjacent to the proposed right-of-way for such lanes. Directs the Secretary to approve certain transfer concept plan modifications requested by the Governors of Maryland and Connecticut which include substitute highway and mass transit projects. Prescribes criteria for such approval. Exempts a certain privately-owned facility located on specified Interstate routes in Michigan from Federal prohibitions against commercial establishments on commercial rights-of-way of the Interstate System. Declares that the fair market value of any lands donated to California for the right-of-way for relocation and construction of a certain highway in Orange County shall be credited to the non-Federal share of such project costs. Authorizes the Secretary to approve construction of a certain Interstate route section in Hawaii. Releases the State of Maryland from certain road conveyance requirements under the Federal-Aid Highway Act of 1970. Authorizes appropriations for railroad-highway crossing demonstration projects for FY 1986 through 1990. Authorizes appropriations out of the Highway Trust Fund for FY 1986 for rights-of-way acquisition and railroad construction costs in the vicinity of Carbondale, Illinois. Requires the Secretary to: (1) make a grant to each State within which the Consolidated Rail Corporation operates a rail vehicle safety demonstration program over railroad-highway crossings; and (2) report to the Congress regarding such program's effectiveness in improving railroad-highway crossing safety. Authorizes appropriations for such programs for FY 1986 through 1990. Directs the Secretary to complete a gap on the Federal-aid primary system in an urban area in Passaic County, New Jersey, utilizing procedures to accelerate design and construction. Requires the Secretary to report to the Congress, not later than 180 days after the completion of such project, on its results, including specified analyses. Directs the Secretary to carry out the following demonstration projects: (1) in Brick Township, New Jersey, to demonstrate methods of improving traffic operations and reducing accidents at a high-volume rotary intersection; (2) in the vicinity of Johnstown, Pennsylvania, to demonstrate methods by which a highway construction project on the Federal-aid primary system will enhance highway safety and economic development in an area of high unemployment; (3) in the vicinity of Fort Smith, Arkansas, to demonstrate the economic growth and development benefits of widening a segment of the Federal-aid urban system connecting a community college and a large commercial center, and of improving traffic signalization on such segment; (4) in the vicinity of Moorhead, Minnesota, to demonstrate the economic and safety benefits of constructing a grade separation between a railroad line and a highway on the Federal-aid urban system; (5) in the vicinities of Fosston and Bagley, Minnesota, to demonstrate the economic and safety benefits of reconstructing two segments of a major highway on the Federal-aid primary system; (6) in Kentucky, to demonstrate methods of improving traffic flow and safety on a State highway which connects an Interstate route in the vicinity of the City of Dry Ridge with a highway on the Federal-aid primary system in the vicinity of the City of Owentown; (7) in San Bernardino County, California, in the vicinity of the Ontario International Airport, to demonstrate methods of improving highway access to an airport which is projected to incur a substantial increase in air service; (8) in Pennsylvania, to demonstrate the state of the art delineation technology by closing a gap in a multi-lane limited access road connecting the City of Altoona to the Borough of Tyrone in Blair County; (9) in Lafayette, Louisiana, to demonstrate the benefits on traffic flow and transportation of labor and materials by construction of a highway to provide limited continuous access between an Interstate route and a highway on the Federal-aid primary system; (10) in Shreveport, Louisiana, to demonstrate methods of reducing traffic congestion in the central business district, improving access to such district, providing highway continuity, and satisfying national defense requirements by connecting two Interstate routes; (11) in Miami, Florida, to demonstrate the most cost-effective method of improving interstate motor vehicle access for passengers and cargo moving to and from the port of Miami; (12) in Arkansas and Missouri, to demonstrate methods of improving highway safety and of accelerating highway construction on specified segments on the Federal-aid primary system; (13) in the vicinity of Sanford, Florida, to demonstrate methods of reducing costs and expediting construction of an interchange by contracting with a private consultant to design and construct such project; (14) in the vicinity of San Jose and Santa Clara, California, to demonstrate a unified method of reducing traffic congestion where a Federal-aid urban highway intersects with two other of such highways on a railroad crossing; (15) in the vicinity of the C&O Canal in the District of Columbia, to improve motor vehicle access at a major traffic generator without decreasing the efficiency of a Federal-aid primary highway; (16) in the vicinity of Pardee, West Virginia, to demonstrate the improvement in motor vehicle transportation of energy resources resulting from the completion of a consolidated network of modern highway; (17) in Modesto, California, to demonstrate methods by which construction of a grade separation for a railroad crossing of a primary highway enhances urban redevelopment and the effectiveness of a planned transportation center; (18) in Kalamazoo, Michigan, to demonstrate the benefits of cooperation between the private sector and the government in relieving traffic congestion caused by a railroad crossing a Federal-aid highway through construction of a highway overpass; (19) in East Milton, Massachusetts, to demonstrate the advantages of joint development and use of air rights in the construction of a deck over a depressed portion of an Interstate route; (20) in Alabama, to demonstrate methods of accelerating the widening of a high volume segment of a primary highway necessary for rapid evacuation of individuals during emergency weather conditions; (21) in the vicinity of Wilder, Kentucky, to demonstrate the economic benefits to a port facility, industrial complex, and foreign trade zone by reconstruction of a segment of an urban highway which connects an Interstate route with a port facility; (22) in Illinois, to demonstrate the safety benefits of providing additional and improved vehicular passing opportunities on, adding truck climbing lanes to, and straightening a segment of a primary highway which carries a high volume of traffic in Jo Daviess and Stephenson Counties; (23) in Allentown, Pennsylvania, to demonstrate methods of accelerating construction to eliminate a major rail-highway crossing at grade, reducing traffic delays for rail and vehicular traffic, and minimizing the impact on the surrounding urban environment; (24) in Riverside, California, to demonstrate methods of improving safety on a specified highway; (25) in Buffalo, New York, to demonstrate methods of facilitating redevelopment of a waterfront area by construction of a connector off a primary highway; (26) in Cleveland, Ohio, to demonstrate the relationship between infrastructure improvement and economic vitality; (27) in Lauderdale and Colbert Counties, Alabama, to demonstrate methods of improving highway transportation and enhancing economic development through construction of a bridge to cross the Tennessee River; (28) in the vicinity of Huron, Ohio, to demonstrate methods of enhancing highway safety and economic development in an area of high unemployment through construction of a bypass segment to provide access to an amusement park; (29) in Chicago, Illinois, to demonstrate the cost savings to be obtained by converting a fixed-span bridge to a movable bridge; (30) in Harney County, Oregon, to demonstrate methods of protecting roadways against damage and destruction due to wave erosion; (31) in Wayne County, Michigan, to demonstrate the benefits of enhancing safety and improving economic vitality of a depressed area; (32) in Cook County, Illinois, to demonstrate the benefits from specified highway reconstruction; (33) in Erie County, New York, to demonstrate methods of enhancing safety and reducing traffic congestion by relocating an interstate route terminus; (34) in the vicinity of Mount Vernon, Kentucky, to demonstrate methods of improving highway safety and traffic flow and access to a national river and recreation area; (35) in Pine City, Minnesota, to demonstrate methods of improving highway safety and traffic flow by constructing an interchange between certain highways; (36) in Paso Robles, California, to demonstrate methods of improving highway safety and traffic flow and enhancing economic development through the construction of a two-lane bridge spanning the Salinas River, a highway, and a railroad line; (37) in Columbus, Ohio, to demonstrate methods of relieving traffic congestion through reconstruction of highway portions in an interstate route connecting Columbia with its airport; (38) in Suffolk County, New York, to demonstrate construction techniques to accelerate upgrading an existing highway to freeway standards with minimum traffic disruption; (39) in the vicinity of Southington, Connecticut, to demonstrate the latest construction techniques in reconstructing a segment of urban highway, and in the vicinity of Kent Center, to demonstrate methods of solving safety and flooding problems on a primary highway; (40) in Dover, New Jersey, to demonstrate traffic congestion reduction methods on an existing bridge and facilitating the redevelopment of the central business district; (41) in Los Angeles County, California, to demonstrate methods of improving vehicular circulation related to intermodal transportation or port-related traffic and alleviating congestion caused by increased port activities; (42) in the vicinity of the Greater Pittsburgh International Airport to demonstrate methods of improving economic development and airport terminal placement; (43) in Steuben County, New York, to demonstrate how the economy of an industrialized high unemployment area can be improved by completing key elements of a controlled highway which serves such area; (44) in Santa Rosa and Petaluma, California, to demonstrate how traffic congestion can be relieved by reconstructing a certain arterial which connects the two cities; (45) in the vicinity of Tampa, Florida, to demonstrate motor vehicle congestion relief measures and improve motor vehicle access between rapidly growing urban areas; (46) in Savannah, Georgia, to demonstrate how replacing an obsolete bridge with a modern highway-level structure will improve vehicular and waterborne traffic flow; (47) in New Sewickly, Pennsylvania, to demonstrate methods of accommodating increasing truck traffic and improving highway safety; (48) in the vicinity of Croyle Township, Pennsylvania, to demonstrate methods of improving public access to a flood memorial; (49) in Orange, Texas, to demonstrate how rail line consolidation will reduce motor vehicle traffic congestion and increase jobs in a high unemployment area; (50) in Baton Rouge and East Baton Rouge, Louisiana, to demonstrate traffic congestion alleviation methods; (51) in Minden, Louisiana, to demonstrate enhanced economic development by providing Minden with alternative highway access to the Interstate System; (52) in the area of Brunswick-Topsham, Maine, to demonstrate increased access to defense related facilities by the construction of a limited access highway connecting a major interstate highway corridor with a naval air station and a shipyard engaged in defense production activities; (53) in Isle of Palms, South Carolina, to demonstrate increased accessibility to a sea island by construction of a high-level fixed span bridge over a high-volume intracoastal waterway segment; (54) in Clarksville, Tennessee, to demonstrate highway safety improvement methods by providing direct access from the Fort Campbell Military Reservation; (55) between Clarinda and Shenandoah, Iowa, to demonstrate how highway rehabilitation in an economically depressed rural area will increase economic activity; (56) in the vicinity of Oceanside and Escondido, California, to demonstrate methods of reducing traffic congestion by expanding an interstate route connection; (57) in St. Charles County, Missouri, to demonstrate methods of alleviating commuter traffic congestion by construction of a bypass highway; (58) in Hammond, Indiana, to relocate railroad lines in order to eliminate railroad-highway grade crossings; (59) in Shawnee, Oklahoma, to demonstrate small community air service improvement by extending a runway over a depressed road; (60) between Concord and West Pittsburg, California, to demonstrate improved highway safety through highway modification; (61) in Georgia, to demonstrate improved highway safety by reconstructing as a six-lane controlled access freeway a certain highway segment between a specified State route and Interstate routes; (62) in Pike County, Kentucky, to demonstrate highway safety improvement in a mountainous area; (63) in Madison County, Illinois, to demonstrate the economic benefits of reconstructing a road segment serving a high-growth industrial area; and (64) in Erwin, Tennessee, to extend a certain highway on the Appalachian development system for transportation improvement purposes. Directs the Secretary to submit status reports to the Congress regarding the highway demonstration projects. Authorizes appropriations for such demonstration projects for FY 1986 through 1990. Authorizes the Secretary to implement highway projects on the Federal-aid system in Wheeling, West Virginia, at full Federal expense, upon the request of local officials. Authorizes appropriations for such projects from sums appropriated to implement a certain railroad-highway demonstration project. Amends the Federal-Aid Highway Act of 1978 to direct the Secretary to implement specified state-of-the-art bridge construction technology projects in Ohio. Requires the Secretary to report to the Congress regarding such projects. Authorizes the Secretary to prepare an environmental impact statement regarding additional highway capacity in Staten Island, New York. Authorizes appropriations. Designates a certain portion of an Oklahoma State Route which lies on the Federal-aid primary system as United States Highway 377. Designates a certain bridge crossing the Mississippi River near Le Claire, Iowa, as the Fred Schwengel Bridge. Directs the Secretary to conduct feasibility studies and report to the Congress regarding: (1) highway expenditures, revenues and relative needs; (2) highway apportionment and allocation formulas; (3) enforcement of vehicle weight limitation on bridges; (4) highway bridges which cross rail lines; (5) improvement of the Theodore Roosevelt Bridge connecting the District of Columbia and Virginia; (6) flood prevention methods on an Interstate route between Galveston and Houston, Texas; (7) constructing a highway between Aurora-Hoyt Lakes and Silver Bay, Minnesota; (8) the cost-effectiveness of upgrading a certain highway between Pennsylvania and New York State; (9) State bridge management programs; (10) establishing minimum Federal guidelines for maintenance of the Federal-aid primary, secondary and urban systems; (11) a proposed highway from Shreveport, Louisiana, to Texarkana, Fort Smith, and Fayetteville, Arkansas, and Carthage and Kansas City, Missouri; (12) a highway connecting Santa Fe, New Mexico, and the Los Alamos National Laboratory. Authorizes appropriations. Requires the Secretary to make a grant to the California Department of Transportation to determine the feasibility of using a highway electrification system as an energy source for highway vehicles. Authorizes appropriations. Title II: Highway Safety Act of 1985 - Highway Safety Act of 1985 - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1986-1990 for the following programs: (1) bridge replacement and rehabilitation; (2) hazard elimination; (3) highway safety research and development under the auspices of the National Highway Traffic Safety Administration and the Federal Highway Administration. Authorizes appropriations for highway safety programs for: (1) FY 1988 through 1990 implemented by the National Highway Traffic Safety Administration (NHTSA); and (2) FY 1987-1990 implemented by the Federal Highway Administration (FHWA). Amends the Surface Transportation Assistance Act of 1982 to authorize appropriations for FY 1987 for highway safety programs implemented by the NHTSA. Sets forth minimum amount of authorized funds which must be obligated for enforcement of the national speed limit and for safety belt programs. Sets an obligation ceiling for highway safety programs for FY 1986 through 1990. Amends the Surface Transportation Assistance Act of 1982 to authorize appropriations for FY 1984 through 1990 to make grants to the States for enforcement of commercial motor vehicle safety standards. Sets forth a weighted compliance formula to be used by the Secretary in determining a State's apportionment of Federal-aid highway funds based upon State enforcement of the national speed limit. Amends the penalty for a State's non-compliance with the national minimum drinking age laws to require the Secretary to withhold certain apportioned amounts from such State on the first of each fiscal year after the second fiscal year beginning after September 30, 1985, in which purchase or public possession of alcoholic beverages by a person under 21 years of age is lawful. Sets forth guidelines under which withheld funds shall be available subject to State compliance. Revises the State eligibility criteria under which the States may receive alcohol traffic safety program grants. Declares that State reports regarding certain hazard elimination programs and rail-highway crossings are inadmissible evidence in any action for damages arising out of matters referred to in such reports. Revises the definition of "highway safety improvement project" to include a project which installs emergency motorist-aid call boxes. Amends the Highway Safety Act of 1973 to authorize appropriations for FY 1985 through 1990. Amends the National Driver Register Act of 1982 to extend the deadline by which the Secretary is required to: (1) promulgate final rules regarding establishment of the National Driver Register; and (2) begin a pilot test program for an electronic information retrieval system regarding individual motor vehicle driving records; and (3) report to the Congress regarding the Register. Amends the Highway Safety Act of 1978 to prohibit the obligation of certain authorized funds for any education or information program conducted in connection with the implementation of Federal Motor Vehicle Safety Standard 208. Directs the Secretary to conduct a comprehensive investigation of railroad-highway crossing needs (in consultation with specified groups) and to report to the Congress regarding such investigation. Directs the Secretary to: (1) arrange with the National Academy of Sciences to conduct a study of problems facing older drivers; and (2) request the Academy to report to the Secretary and the Congress regarding such study. Title III: Federal Mass Transportation Act of 1985 - Federal Mass Transportation Act of 1985 - Amends the Urban Mass Transportation Act of 1964 to replace the letters of intent procedure with provisions which authorize the Secretary to enter into multi-year contracts for the construction of mass transportation facilities. Requires the Secretary, starting January 1986, to annually submit to the appropriate congressional committees: (1) a proposal on the total amount of funding needed to finance grants and loans for bus and bus-related activities, rail modernization, and the construction and extension of fixed guideway systems; and (2) a proposal on the allocation of such funds to finance grants and loans for rail modernization and fixed guideway construction and extension projects. Makes such proposals effective upon approval by law. Sets forth the circumstances under which the Secretary is authorized to approve advance construction for certain mass transportation projects. Prohibits the issuance of funds for new fixed guideway systems or extensions unless such projects are determined to be: (1) based on the results of alternatives analysis and preliminary engineering; (2) cost-effective; and (3) supported by local financial commitment. States that any public body which receives Federal financial assistance for mass transportation may not displace a structure from the mass transportation system property for which such public body receives rent from a private owner unless: (1) such displacement is necessary; (2) the owner receives relocation assistance in a certain amount; or (3) such displacement is authorized by State statute and is in accordance with the terms of the rental agreement. Sets a limit upon the amount of funds which the Secretary may use to enter into a construction management oversight contract. Authorizes appropriations for FY 1982 through 1990 for public transportation projects substituted for withdrawn Interstate segments. Authorizes certain funds apportioned for expenditure in an urbanized area with a population of less than 200,000 to be expended in an urbanized area with a population of more than 200,000. Permits certain grant recipients to continue the preferential fare collection system for elderly and handicapped persons in lieu of the collection of half-fares for such persons. Permits block grants to be made to implement an urban mass transportation program of projects in whole or in part. Excludes certain advertising and concession revenues from consideration as a revenue source for purposes of the Federal block grant program for urban mass transportation. Requires Federal block grant recipients to submit an annual report to the Secretary regarding revenues derived from the sale of advertising and concessions relating to the operation of a public mass transportation system. Revises the limitations placed upon the use of certain apportioned funds by small urbanized areas for operating assistance. Extends from 1984 to 1990 the authority for (block grant) recipients to transfer capital assistance for operating assistance. Limits the use of discretionary amounts resulting from such transfer to the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities. Prohibits certain grant recipients after FY 1985 from making such transfers except for emergency repairs or pursuant to predated authority. Sets a deadline by which funds appropriated for the block grant program must be apportioned. Directs the Secretary to make grants to nonprofit institutions of higher learning to establish and operate one regional transportation center in each of the ten Federal regions. Sets forth criteria to be met by grant recipients. Establishes in the Department of Transportation a national advisory council to: (1) coordinate the research and training to be carried out by grant recipients; (2) disseminate the results of such research; (3) act as a clearinghouse between such centers and the transportation industry; and (4) review and evaluate programs carried out by such centers. Authorizes appropriations for such centers for FY 1986 through 1990. Makes eligible for construction assistance: (1) any bus remanufacturing project which extends the economic life of a bus eight years or more; and (2) any project for the overhaul of rolling stock, whether or not such overhaul increases the useful life of the rolling stock. Lowers the expense threshold for associated capital maintenance items which are eligible for certain mass transportation block grants. Makes the Federal grant for any mass transportation construction project 80 percent of the net project cost. Directs the Secretary to issue regulations requiring a prebid and postdelivery audit regarding any grant under this Act for the purchase of buses. Authorizes appropriations for FY 1986 through 1990 for block grants and for a formula grant program for areas other than urbanized areas. Authorizes appropriations out of the Mass Transit Account of the Highway Trust Fund for FY 1986 through 1990 for specified activities, and authorizes appropriations for certain projects for FY 1985 through 1990. Requires the Secretary to: (1) enter into a multi-year contract with the Southern California Rapid Transit District to complete a specified segment of a certain Los Angeles Metro Rail Project; and (2) make a grant to an eligible local public body to conduct an electric trolley bus line feasibility study using a certain bus technology being developed in California. Directs the Secretary to develop a comprehensive mass transportation plan for the Virgin Islands and report to the Congress on it within one year of enactment of this Act. Prescribes guidelines under which the Interstate Commerce Commission shall issue bus carrier certificates to recipients of governmental assistance. Subjects the issuance of intrastate passenger transportation certificates to the condition that any intrastate transportation service be provided only as part of a regularly scheduled interstate transportation service on the route. Title IV: Uniform Relocation Act Amendments of 1985 - Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to revise various definitions for purposes of such Act. Permits a Federal agency to discharge its responsibilities by accepting the certification by a State agency that it will implement State law to carry out the Federal relocation assistance program, provided that the lead agency determines that such State law will accomplish the purpose and effect of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Requires the head of such agency, prior to accepting certification, to provide interested parties with an opportunity for public review and comment, and to consult with interested local governments. Directs the head of the lead agency to monitor and report biennially to the Congress on State agency implementation of such certification. Permits an agency to withdraw acceptance of a certification after providing the State government with notice. Permits a Federal agency to withhold approval of any grant, contract, or cooperative agreement with any displacing agency found to have failed to comply with certification or State law. Requires the payment to displaced persons of actual expenses, not exceeding $10,000, necessary to reestablish a displaced small business, nonprofit organization, or displaced farm at its new site. Removes the limitation on the moving expense allowance and the fixed amount of the dislocation allowance that a person displaced from a dwelling may elect to receive in lieu of itemized expenses. Declares that such allowances shall be determined according to a schedule established by the head of a lead agency. Increases the maximum and decreases the minimum limitations on the payment a person displaced from a business or farm operation may elect to receive in lieu of itemized deductions. Declares that such amount shall be determined according to criteria established by the lead agency. (Currently, such amount is based on the annual earnings of the farm or business.) Increases the maximum amount of assistance that a displacing agency may provide to a displaced homeowner for replacement housing. Requires such assistance to include an amount necessary to: (1) meet the reasonable cost of a comparable replacement dwelling as defined in this Act; and (2) compensate the displaced person for any increased financing costs. Authorizes a displacing agency to extend the one-year period, following payment for an acquired home, during which the displaced person must purchase and occupy a replacement dwelling in order to qualify for housing replacement payments, but limits such payments to the costs of relocating such person within that one-year period. Increases the ceiling (currently $4,000) on the amount of rental housing replacement assistance provided to displaced tenants to $6,000. Permits eligible displaced tenants to apply such rental assistance toward the downpayment on a decent, safe, and sanitary replacement dwelling. Declares that displaced homeowners who meet the residency requirement for rental housing replacement assistance but not for homeowner's housing replacement assistance may qualify for rental assistance, at the discretion of the lead agency. Requires that all relocation assistance advisory programs: (1) provide information on suitable locations for displaced farming (and business) operations; and (2) assure that no person is required to move before being given a reasonable choice of comparable replacement dwellings. Provides for the designation of a single, cognizant Federal agency to establish procedures to be used by a non-Federal displacing agency to implement related activities funded by two or more Federal agencies. Authorizes advisory services to certain renters in properties acquired by a displacing agency. Directs the lead agency to require that provisions authorizing a displacing agency to use project funds to provide dwellings for displaced persons, if the project would be delayed because suitable replacement housing is not otherwise available, be used to exceed housing replacement assistance ceilings only on a case-by-case basis and for good cause. Provides that any payment a displaced person receives under State law shall replace a housing replacement or real property acquisition payment for substantially the same purpose under the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Requires the head of the lead agency to: (1) promulgate rules to carry out such Act; (2) coordinate relocation assistance activities with Federal and federally-financed low-income housing programs; (3) monitor the implementation of such Act; and (4) perform such other duties as necessary. Declares low-income housing assistance as income for purposes of determining eligibility for assistance under the Social Security Act or any other Federal law. Requires a State agency to pay the United States all net amounts (currently all amounts) received from the sale of surplus Federal property transferred to the agency for the purpose of providing replacement housing. Repeals the authority of any displacing agency to make loans to various organizations for planning and obtaining federally-insured mortgage financing for housing for displaced persons. Authorizes the lead agency to prescribe a procedure under which Federal agencies may acquire real property without having it appraised. Permits a displaced person to donate the real property being acquired or any of the compensation paid for such property to the acquiring agency. Sets forth effective dates of specified provisions of this Act.
United States · United States Congress · 31 July 1985
Law Enforcement Officers Protection Act of 1985 - Amends the Federal criminal code to define "armor-piercing ammunition." Excludes from the definition: (1) shotgun shot composed in order to comply with Federal or State law; (2) frangible projectiles for target shooting; (3) ammunition containing frangible projectiles; and (4) any ammunition or projectiles which the Secretary of the Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor-piercing ammunition. Allows: (1) the manufacture or importation of armor-piercing ammunition for the use of the United States or any State or local government; (2) manufacture for the sole purpose of exportation; or (3) manufacture or importation for the purposes of testing and experimentation authorized by the Secretary. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor piercing ammunition. Authorizes the Secretary to revoke a license from a dealer for violating this Act. Requires the Secretary of the Treasury to promulgate regulations allowing for special marking on armor-piercing communication and packaging. Establishes an additional mandatory sentence for any person who during and in relation to the commission of a violent crime carries a firearm and is in possession of armor-piercing ammunition capable of being fired by such firearm.
United States · United States Congress · 31 July 1985
Public Disclosure of Lobbying Act of 1985 - Makes provisions of this Act applicable to any organization which spends in excess of $2,500 in any quarterly filing period for the purpose of making lobbying communications. Makes an exception for those practices regulated by the Federal Election Campaign Act of 1971. Requires such an organization to register with the Comptroller General not later than 30 days after engaging in lobbying activities to disclose its identification and the identification of any persons or entities retained to make lobbying communications. Requires an organization to notify the Comptroller General when it will no longer engage in such activities. Requires each registered organization to maintain records necessary to make quarterly reports to the Comptroller General. Requires such reports to include the following information: (1) total expenditures and their purposes; (2) identification of retainees and employees who made lobbying communications; (3) issues on which were spent a significant amount of effort; (4) descriptions of certain written solicitations; (5) disclosure of the business relationship with any Federal officer or employee; and (6) a statement of any lobby communication made on the floor of the House of Representatives or Senate. Requires the report which covers the fourth quarter of a calendar year to include information on the receipt of dues or contributions. Specifies the duties of the Comptroller General including: (1) developing filing, coding, and cross-indexing systems for registrations and reports; and (2) making copies of registrations, reports, and summarized information available for public inspection. Makes it the duty of the Attorney General to enforce provisions of this Act. Directs the Comptroller General to report to the President and the Congress by March 31 annually regarding activities in carrying out this Act. Subjects rules or regulations promulgated under this Act to the congressional veto procedure. Establishes civil and criminal penalties for violations of this Act. Repeals the Federal Regulation of Lobbying Act. Authorizes appropriations for FY 1985 through 1987.
United States · United States Congress · 31 July 1985
Integrity in Lobbying Act of 1985 - Requires each organization that makes a specified number of lobbying communications to influence legislation to register with the Clerk of the House of Representatives and the Secretary of the Senate. Requires such registration to include: (1) a description of the issues in which the organization intends to engage; (2) the approximate number of members and a description of principal contributors; and (3) an identification of retainees, employees, and volunteers who lobby on behalf of the organization. Requires each lobbying organization to renew its registration annually. Requires each organization to file a quarterly report to the Secretary and the Clerk concerning its activities and an update of the previous quarterly report. Specifies the information to be included in such report. Specifies the duties of the Secretary and the Clerk, including: (1) developing filing, coding, and cross-indexing systems for registrations and reports; and (2) making copies of registrations, reports, and summarized information available for public inspection. Authorizes appropriations as necessary.
United States · United States Congress · 31 July 1985
Expresses the sense of the Congress that the Internal Revenue Code provisions dealing with the Puerto Rico and possession tax credit (allowing domestic corporations a tax credit if certain percentages of gross income are derived from sources within a possession or from the active conduct of a trade or business within a possession) should not be revised and should be allowed to continue to operate in their present form.
United States · United States Congress · 18 July 1985
Trade Emergency and Export Promotion Act - Declares that actions by the President, the International Trade Commission (ITC), the Secretary of the Treasury, the Secretary of Agriculture, and the U.S. Trade Representative (USTR) pursuant to this Act shall not be reviewable by any court, except for abuse of discretion. Title I: International Trade Actions and Agreements - Declares that a national emergency exists because of distortions and imbalances in trade and instability in exchange rates and that such emergency requires extraordinary measures, including action to: (1) restore the value of the dollar; and (2) either eliminate foreign unfair trade barriers or prohibit countries which employ such barriers from enjoying trade surpluses with the United States or increasing shares of world export markets. Authorizes the President to negotiate and enter into with any foreign country or entity agreements limiting the export from such country or entity, and the importation into the United States, of any article. Directs the USTR to initiate proceedings against Japan before appropriate international bodies in order to obtain authorization to take trade actions against Japan on the grounds that: (1) Japan has failed to comply with trade agreements entered into with the United States; and (2) Japan has adopted numerous domestic policies and practices that impair and violate such trade agreements and impede achievement of their objectives. Directs the USTR, with the cooperation of the Secretary of Agriculture, to initiate actions under all international trade agreements to which the United States is a party in order to take appropriate countermeasures against agricultural export subsidies provided by the European Communities and other countries which will be used to prevent: (1) injury to U.S. agricultural producers; (2) nullification or impairment of such trade agreements; and (3) serious prejudice to the United States. Authorizes the USTR to initiate actions against each foreign country (except Japan and the European Communities) or entity that was an excess worldwide trade surplus country or an excess bilateral trade surplus country for 1984 under all applicable U.S. laws and international agreements in order to: (1) enforce the rights of the United States under such international agreements; and (2) obtain the elimination of certain trade acts, policies, and practices of such countries or entities. Directs the USTR to explain in proceedings initiated under this title that the United States finds it necessary to take the actions provided in title II of this Act as interim measures pending the outcome of such proceedings in order to protect vital U.S. interests. Directs the Secretary of the Treasury to develop a plan to reduce fluctuations between currencies on foreign currency exchange markets. Sets forth characteristics of such plan. Title II: Interim Domestic Trade Actions to Respond to the Trade Emergency - Subtitle A: Stand-by Duties - Directs the ITC to determine annually each major exporting country's: (1) worldwide nonpetroleum export percentage; (2) bilateral nonpetroleum export percentage; (3) worldwide nonpetroleum trade surplus; (4) bilateral nonpetroleum trade surplus; (5) worldwide trade surplus limitation; and (6) bilateral trade surplus limitation. Requires the ITC to report annually to the President on: (1) the determinations on the trade of such major exporting countries; (2) the identity of each foreign country which was an excess worldwide trade surplus country or excess bilateral trade surplus country during the preceding year; and (3) whether or not standby duties should be imposed on imports from such countries. Requires the President, within 15 days of receiving such report to determine, with respect to each country identified as an excess worldwide trade surplus country or excess bilateral trade surplus country: (1) whether such country unfairly restricts or limits the access of imports to its markets; and (2) if the President determines that such country does restrict access to its markets, whether such restriction contributes to that country's trade surplus. Requires the President, if both such determinations are positive, to impose stand-by duties on all imports from such countries. Prohibits making such determinations or imposing such duties if the U.S. trade deficit divided by the U.S. gross national product is less than one and one-half percent. Requires the President to report to the Congress, within 15 days of receiving the reports on worldwide and bilateral trade, on the determinations made with respect to imposing stand-by duties. Declares that the rate of a stand-by duty shall be 25 percent ad valorem and that such duty shall be in addition to any other duties. Provides for the implementation of such duties. Requires all revenues from such stand-by duties to be allocated to the Public Debt Reduction Account in the Treasury. Expresses the sense of the Congress that all funds in such Account be used only to reduce the Federal debt. Directs the Secretary of the Treasury to report annually to the Congress on the revenue derived from such stand-by duties. Prohibits imposing stand-by duties on articles imported after April 30, 1992. Prohibits requiring reports and determinations on trade surpluses after April 1991. Subtitle B: Reports - Directs the President to report annually to specified congressional committees on the operation of this Act. Title III: Trade Law Reform - Amends the Trade Act of 1974 to transfer to the USTR from the President the authority to order import relief and the authority to extend tariff preferences. Amends the Tariff Act of 1930 to transfer to the USTR from the President the authority to approve or disapprove ITC actions to prevent unfair practices in import trade.
United States · United States Congress · 10 July 1985
Comprehensive Smokeless Tobacco Education Act - Requires specified warning labels on all smokeless tobacco products and advertisements. Declares that the failure to comply with provisions of this Act shall be in violation of the Federal Trade Commission Act. Grants district courts of the United States jurisdiction and injunctive powers to prevent and restrain violations of this Act. Directs the Federal Trade Commission to promulgate regulations to implement this Act. Directs the Federal Trade Commission to report to the Congress annually on the use and health effects of smokeless tobacco products.
United States · United States Congress · 25 June 1985
Amends the Fair Labor Standards Act of 1938 to permit public employees engaged in law enforcement and fire protection activities to take compensatory time off in lieu of receiving overtime compensation. Sets forth conditions under which such arrangement is permissible. Requires that such compensatory time off equal one and one-half hours for each hour the employee is employed in excess of 40 hours in a workweek.
United States · United States Congress · 19 June 1985
Comprehensive Trade Law Reform Act of 1985 - Title I: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to add requirements for a country to be considered a "country under the Agreement" (the Agreement on Subsidies and Countervailing Measures) for purposes of the countervailing duty provisions of such Act. Requires such a country to have made a commitment under the General Agreement on Tariffs and Trade (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 International Trade Commission (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 trade 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, including withdrawing designation of a country as a "country under the Agreement," suspension of liquidation of imports, and initiation of a countervailing duty investigation. Directs the administering authority, if there is an affirmative determination, based upon allegations in a petition for relief of the existence of a subsidy which requires the imposition of a countervailing duty and the petition alleges that the subsidy is inconsistent with the Agreement or if the administering authority initiates a countervailing duty investigation and the administering authority has reason to believe that a subsidy is inconsistent with the Agreement, to: (1) notify the U.S. Customs Service and direct customs officials to collect and forward to the administering authority information on the imports of the merchandise which is the subject of the investigation; (2) order the suspension of liquidation of all entries of such merchandise; and (3) begin monitoring the volume of imports of such merchandise to determine whether the volume of such imports has significantly increased. Prohibits making any determination on whether the volume of such imports has significantly increased until 60 days after the date the investigation began. Terminates any suspension of liquidation of such imports if the administering authority makes a preliminary determination that a subsidy does not exist. Directs the administering authority to order the posting of security for, and the application of a suspension of liquidation of, unliquidated imports which were imported 90 days before the date on which the preliminary determination is published if there is a determination that the volume of imports has surged, the alleged subsidy is inconsistent with the Agreement, and there have been massive imports of the merchandise subject to the countervailing duty investigation in a relatively short period. Directs the administering authority to terminate any suspension of liquidation of imports and to release any posted security requirement if a countervailing duty investigation is terminated. Requires the final determination of the administering authority in a countervailing duty investigation, if there is a final determination that a subsidy exists and if there is a finding that the volume of the investigated imports has increased significantly, to contain a finding on whether the alleged subsidy is inconsistent with the Agreement and whether there have been massive imports of the merchandise being investigated over a relatively short period of time. (Such finding is a finding of critical circumstances.) Requires the final determination of the ITC, if such determination is that there is no material injury but that there is a threat of material injury, to include a finding as to whether material injury by reason of subsidized imports would have been found but for any suspension of liquidation of such imports. (Deletes the provision requiring the ITC to include in its final determination findings as to whether there is material injury which will be difficult to repair and whether the material injury was caused by massive imports of subsidized merchandise over a relatively short period of time.) Requires the administering authority, if the administering authority makes a final determination that critical circumstances do not exist or if the ITC determines that there is no material injury but that there is a threat of material injury or that the establishment of a U.S. industry is materially retarded, to: (1) terminate any suspension of liquidation of imports ordered under a countervailing duty investigation; and (2) release any security and refund any cash deposit required with respect to such imports. Permits determinations of whether critical circumstances exist with respect to imports of articles that are not duty-free. Directs the administering authority, if the preliminary determination in an antidumping investigation is affirmative or if the investigation is initiated by the administering authority, to: (1) notify the U.S. Customs Service of such determination and direct customs officers to collect and forward information on the volume and value of imports of the merchandise subject to such investigation; and (2) begin monitoring the volume of such imports to determine whether the volume of such imports has significantly increased. Requires the administering authority to publish notice of a determination that the volume of such imports has significantly increased. Prohibits making such a determination until 60 days after the antidumping investigation has begun. Directs the administering authority to order the suspension of liquidation of all imports of the articles subject to the antidumping investigation 70 days after the date the investigation has begun. Terminates such suspension of liquidation if the preliminary determination under waiver of verification is negative. Directs the administering authority to determine whether critical circumstances exist if the administering authority determines that the volume of imports of the articles under investigation for dumping has significantly increased. (Current law requires the administering authority to determine whether critical circumstances exist if the petitioner alleges critical circumstances.) Requires the administering authority, if it determines that critical circumstances exist, to order the posting of security for, and require any suspension of liquidation to apply to, unliquidated entries of merchandise imported on or after the date that is 90 days before the date on which the affirmative preliminary determination is published. Terminates any suspension of liquidation of imports and releases any posted security if an antidumping investigation is terminated. Requires the final determination of the administering authority in an antidumping investigation, if it finds that the merchandise subject to the investigation is being, or is likely to be, sold in the United States at less than fair value and the administering authority has found that the volume of imports of such merchandise has increased significantly, to contain a finding as to whether: (1) either there is a history of dumping in the United States or elsewhere of such merchandise that the importer knew or should have known that the exporter was selling such merchandise at less than its fair value; and (2) there have been massive imports of such merchandise over a relatively short period. (Current law requires such a finding to be included in the final determination if such critical circumstances have been alleged in the petition for relief.) Requires the final determination of the ITC, if such determination is that there is no material injury but that there is a threat of material injury, to include a finding as to whether material injury by reason of dumped imports would have been found but for any suspension of liquidation of such imports. Requires the administering authority, if the administering authority makes a specified final determination or the ITC determines that there is no material injury but that there is a threat of material injury or that the establishment of a U.S. industry is materially retarded, to: (1) terminate any suspension of liquidation of imports of such merchandise; and (2) release any security and refund any cash deposit required with respect to such imports. Declares that if the ITC has made an affirmative preliminary or final determination that countervailing or antidumping duties should be imposed with respect to merchandise that is the subject of a countervailing or antidumping duty investigation during the one-year period ending on the date on which such investigation is begun: (1) the ITC shall not be required to make another preliminary determination of injury; and (2) the preliminary determination of relief shall be applied without regard for the requirement that an affirmative injury determination be obtained. Authorizes the administering authority to suspend a countervailing duty investigation if the government of the country in which the subsidy practice is alleged to occur agrees, or exporters who account for substantially all of the imports of the merchandise agree, to: (1) eliminate the subsidy completely within six months; or (2) cease exports of such merchandise to the United States within six months. Deletes the provision authorizing suspension of such investigation if the subsidizing country agrees to offset the amount of the subsidy. Adds new conditions for the waiver of deposit of estimated antidumping duties. Authorizes such waiver if in addition to the current requirements: (1) the investigation has not been designated as extraordinarily complicated; (2) the final determination has not been postponed; (3) credible evidence is presented that the amount by which the foreign market value of the merchandise exceeds the U.S. price is significantly less than the amount of such excess specified in the antidumping duty order; and (4) the data concerning the foreign market value and the U.S. price apply to sales in the usual commercial quantities and in the ordinary course of trade and the number of such sales are sufficient to form an adequate basis for comparison. Requires the administering authority, before determining to allow such waiver, to: (1) make all confidential information supplied to the administering authority available under a protective order to all interested parties; and (2) afford all interested parties an opportunity to comment on whether the waiver should be permitted. Amends the definition of "subsidy" for purposes of the countervailing duty provisions to include the provision of capital, loans, loan guarantees, goods, or services at preferential rates or on terms inconsistent with commercial considerations. Amends the definition of "interested party" to include a U.S. manufacturer, producer, or wholesaler, or a union, trade or business association, or another association which represents manufacturers, producers or wholesalers of a like product of major parts, materials, components, or assemblies or subassemblies which are irrevocably destined for incorporation into the like product. Defines "diversionary dumping" as the purchase by a manufacturer or producer of any material or component at less than the foreign market value of such material or component which is incorporated into the merchandise under investigation and which has been the subject of a previous antidumping investigation. Sets forth the method of determining the adjustment amounts for determining foreign market value, sales at less than the cost of production, and the constructed value of components and materials. Includes subsidies provided under the authority of a statute, regulation, policy, or practice of a customs union within the definition of upstream subsidies. Creates a presumption of competitive benefit if: (1) a countervailing duty order is in effect with respect to an input product or an input product is subject to an import restriction agreement; (2) a subsidy continues to be paid on such input product after the countervailing duty order was issued or after the agreement took effect; and (3) the administering authority determines that an increase in imports of merchandise under a countervaling duty investigation has occurred. Requires (currently authorizes) the administering authority and the ITC to make confidential information submitted to an antidumping or countervailing duty investigation available upon receipt of a request which describes in general terms (currently with particularity) the type of information sought and the reasons for the request, unless the person who submitted such information establishes that substantial harm to the business operations of such person would result from such disclosure. Sets forth additional limits on disclosure of such information, including a time limit on making the determination of whether to disclose information. Title II: 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 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 underemployment) 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; (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 (currently or) (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 important 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 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 III: 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 to the President action respecting service sector authorization; 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). Deletes the provision authorizing the President to take action to enforce U.S. trade rights even though no petition for relief has been filed. 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 determination was 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, pending conclusion of the investigation, to take at least one of several provisional actions in order to prevent further injury or threat of injury from injurious industrial targeting. Requires the Administering Authority, after a final determination of injury has been made, to take at least one of several actions to fully offset the material injury or threat of material injury from injurious industrial targeting. Directs 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 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 IV: Negotiating Objectives - Declares that the principal U.S. negotiating objectives shall be to: (1) obtain and preserve maximum access to international markets for U.S. manufactured products; (2) obtain the elimination of foreign barriers to market access; (3) obtain internationally accepted rules to evaluate and respond to the maintenance and operation of government-controlled enterprises that engage in international trade; and (4) establish procedures governing such enterprises.
United States · United States Congress · 12 June 1985
Fair Insurance Coverage Act - Prohibits any insurer from discriminating in an insurance contract against any person because of blindness. Includes within the prohibition refusing to make or negotiate a contract for insurance or giving different treatment with respect to terms, conditions, rates, or benefits because of blindness. Establishes a preference for State actions prior to judicial enforcement under this Act. Authorizes any aggrieved person, in the absence of State actions or jurisdiction, to bring an action under this Act for individual relief. Authorizes the Attorney General of the United States to bring an action for injunctive relief whenever there is reasonable cause to believe a person is engaged in a pattern or practice of discrimination or when an individual is aggrieved and an issue of general public importance is raised. Grants the Federal district courts jurisdiction of such actions regardless of the amount in controversy. Allows a court to order monetary, equitable, or other appropriate relief, including punitive damages.
United States · United States Congress · 11 June 1985
Amends the Tariff Schedules of the United States to permit, until September 30, 1987, duty-free entry of the personal effects and the game equipment of foreign participants, officials, and their immediate families who are involved in the Tenth Pan American Games.
United States · United States Congress · 5 June 1985
Designates the period of October 1, 1985, through September 30, 1986, as the time to reflect on the achievements of the Peace Corps during its 25 years and on ways such programs might be used in the future. Authorizes and requests the President to proclaim this period as a time to honor Peace Corps volunteers and reaffirm the Nation's commitment to such programs.
United States · United States Congress · 23 May 1985
College Athlete Education and Protection Act of 1985 - Amends the Internal Revenue Code to deny the deduction for a charitable contribution to an institution of higher education for use in the athletic program of such institution or to any other organization for use in supporting the athletic program of such institution unless for the 5-calendar-year period ending with the calendar year preceding the calendar year in which the contribution is made at least 75 percent of the scholarship athletes ceasing to be students at such school during such period receive a bachelor's degree after the completion of not more than five academic years.
United States · United States Congress · 14 May 1985
Amends the National Labor Relations Act to provide that a specified prohibition against certification of labor organizations representing both "guards" and other employees, for collective bargaining unit purposes, is to be applied only in the case of "plant guards."
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 · 3 April 1985
Agriculture Act of 1985 - Title I: Dairy - Amends the Agricultural Act of 1949 to set milk price support levels at 90 percent of the previous three year average. Provides for: (1) automatic price support revisions on April 1 and October 1 of 1986 through 1989; and (2) additional adjustments based on Government purchase levels. Extends authority through 1989 for: (1) the dairy indemnity program; and (2) the program of dairy product transfers to the military and veterans' hospitals. Amends specified milk marketing order provisions. Title II: Wool and Mohair - Amends the National Wool Act of 1954 to extend the wool program through 1989. Title III: Wheat - Amends the Agricultural Act of 1949 to set loan and purchase levels for the 1986 through 1989 wheat crops at 75 percent of the preceding five year average, excluding high and low years. Limits annual adjustments to not more than ten percent. Sets 1986 target prices at not less than 1985 levels. Sets target prices beginning in 1987 at 110 percent of the preceding five year average, excluding high and low years. Limits annual adjustments to not more than five percent. Authorizes the Secretary of Agriculture to require compliance with an acreage reduction or paid land diversion program as a condition of eligibility for program benefits. Requires the Secretary to implement an acreage reduction program if carryover stocks exceed four percent of annual world utilization. Suspends specified marketing quota and producer certificate provisions. Title IV: Feed Grains - Amends the Agricultural Act of 1949 to set loan and purchase levels for the 1986 through 1989 corn crops at 75 percent of the preceding five year average, excluding high and low years. Limits annual adjustments to not more than ten percent. Sets loans and purchase levels for grain sorghum, barley, oats, and rye in relation to corn levels. Sets 1986 target prices at not less than 1985 levels. Sets target prices beginning in 1987 at 110 percent of the preceding five year average, excluding high and low years. Limits annual adjustments to not more than five percent. Authorizes the Secretary to require compliance with an acreage reduction or paid land diversion program as a condition of eligibility for program benefits. Requires the Secretary to implement an acreage reduction program if carryover stocks exceed four percent of annual world utilization. Title V: Cotton - Suspends specified base acreage allotment and marketing quota provisions for the 1986 through 1989 upland cotton crops. Amends the Agricultural Act of 1949 to set upland cotton loan rates at the lower of: (1) 85 percent of the average U.S. spot market price (weighted by market and month) for the preceding five years, excluding the high and low years; or (2) 90 percent of the average of comparable cotton prices, quoted C.I.F. northern Europe. Limits annual adjustments to not more than ten percent. Sets 1986 target prices at not less than 1985 levels. Sets target prices beginning in 1987 at 110 percent of the same average market price used to determine loan rates. Limits annual adjustments to not more than five percent. Directs the President to establish a special limited global import quota for upland cotton if average spot prices exceed specified levels. Authorizes the Secretary to require compliance with an acreage reduction or paid land diversion program as a condition of eligibility for program benefits. Requires the Secretary to implement an acreage reduction program if upland cotton carryover stocks exceed normal supply by more than 15 percent. Title VI: Rice - Amends the Agricultural Act of 1949 to set loan and purchase levels for the 1986 through 1989 rice crops at 75 percent of the preceding five year average, excluding high and low years. Limits annual adjustments to not more than ten percent. Sets 1986 target prices at not less than 1985 levels. Sets target prices beginning in 1987 at 110 percent of the preceding five year average, excluding high and low years. Limits annual adjustments to not more than five percent. Authorizes the Secretary to require compliance with an acreage reduction or paid land diversion program as a condition of eligibility for program benefits. Requires the Secretary to implement an acreage reduction program if rice carryover stocks exceed normal supply by more than 15 percent. Title VII: Peanuts - Amends the Agricultural Act of 1949 to establish the national poundage quota for the 1986 through 1989 peanut crops at the level of the previous three-year average of domestic edible and seed use. Authorizes modifications of up to five percent. Extends price support provisions for the 1986 through 1989 peanut crops. Permits changes in support levels based upon changes in the price paid index. Title VIII: Soybeans - Amends the Agricultural Act of 1949 to set loan and purchase levels for the 1986 through 1989 soybean crops at 75 percent of the preceding five year average, excluding high and low years. Stipulates that such level may not be less than $5.02 per bushel. Limits annual support reductions to not more than ten percent or below $4.50 per bushel. Title IX: Sugar - Amends the Agricultural Act of 1949 to set loan levels for the 1986 through 1989 sugarcane crops at 18 cents per pound. Bases sugar beet support levels on sugarcane prices. Title X: Miscellaneous - Subtitle A: Advance Diversion Payments - States that if the secretary makes land diversion payments to assist in adjusting acreage for the 1986 through 1989 crops of wheat, feed grains, cotton, or rice, at least 50 percent of such payment shall be made available as soon as possible after program signup. Subtitle B: Grain Reserves - Terminates the producer-owned reserve storage program. Subtitle C: Miscellaneous Commodity Provisions - Limits annual deficiency payments to $50,000 per person for the 1986 through 1989 crop years. Subtitle D: General Provisions - Extends the special grazing and hay program through 1989. Title XI: Agricultural Export and Public Law 480 - Subtitle A: Export Provisions - Amends the Food for Peace Act of 1966 to extend authority through 1989 for the Agricultural Export Credit Revolving Fund. Exempts export sales financed or guaranteed by the Commodity Credit Corporation (CCC) from cargo preference laws. Amends the Agriculture and Food Act of 1981 to exempt the special standby export subsidy program from cargo preference laws. Directs the Secretary to use bonus commodities from CCC to offset the adverse effects of competing countries' subsidies and currency exchanges. Exempts such exports from cargo preference laws. Subtitle B: Public Law 480 - Amends the Agricultural Trade Development and Assistance Act of 1954 to increase minimum export tonnage levels. Exempts such exports from cargo preference laws. Extends such programs through 1989. Title XII: Resource Conservation - Subtitle A: Conservation Reserve - Directs the Secretary to establish a conservation reserve program to convert cropland and highly erodible land to less intensive use. Subtitle B: Program Eligibility on Highly Erodible Land - Makes any person who cultivates crops on highly erodible land ineligible for price support and other agricultural loans and benefits. Subtitle C: General Provisions - Authorizes appropriations. Title XIII: Effective Date - Makes the provisions of this Act effective upon enactment, unless otherwise so provided.
United States · United States Congress · 2 April 1985
Amends the Internal Revenue Code with respect to deductions for ordinary and necessary business expenses to provide a special rule for construction workers' travel and transportation expenses. Provides that a job at a site located more than 30 miles from a worker's residence: (1) shall be considered temporary for the first two years of employment at that site; and (2) shall be considered temporary or not temporary after the first two years based on an examination of all the facts and circumstances. Provides that no deduction shall be disallowed solely because a construction worker's employment at a job site is of indefinite duration. Prohibits the application of the "one-year" rule set forth in Revenue Ruling 59-371, which specifies the length of time which automatically or presumptively classifies the job as other than temporary. Defines "construction worker," for purposes of this Act, as any individual employed as a skilled, semiskilled, or unskilled laborer in the building or construction industry.
United States · United States Congress · 27 March 1985
National Infrastructure Act - Establishes in the Treasury the National Infrastructure Fund. Authorizes appropriations for each of FY 1986 through 1995. Directs amounts in the Fund to be made available to the Secretary of the Treasury to make interest-free repayable grants to States. Establishes within the Fund a separate account to be known as the Sinking Fund Account for deposits by States of grant obligations. Requires the Secretary to invest amounts in the Account in interest-bearing obligations of the United States. Requires the Secretary to maintain separate records of funds in the Account with respect to each grant made under this Act. Requires the Secretary to report to the Congress each year from FY 1987 through 2016 on the financial conditions of the Account. Entitles each State to repayable grants, according to a specified population ratio, for FY 1986 through 1995. Specifies terms for payments to States by the Secretary and repayments by States to the Secretary of such grants. Allows the Secretary to adjust the amount of any payment if deemed necessary. Allows States 20 years for repayment of grants, with adjustments made to the Account for each State at such time. Sets forth qualifications for States receiving such grants, including: (1) a contractual agreement by the State that it will establish an infrastructure revolving fund in its treasury to deposit and maintain records of grants received and make interest-free loans to various departments and agencies within the State; (2) terms and length of repayment; (3) specified uses to which grant funds may be applied; and (4) specified prohibited uses of grant funds. Requires a State to make available to the Secretary and the Comptroller General for inspection such records as either may require. Requires annual independent financial audits of grant-participating States to determine compliance with this Act. Allows States to waive such audit requirement in specified circumstances. Allows the Secretary to waive such audit requirement in certain cases. Requires any audits done to be made available to the public within 30 days after being received by the Secretary. Directs the Comptroller General to review the activities of the Secretary and the States to determine compliance under this Act. Requires a State making an interest-free loan under this Act to hold at least one public hearing on the proposed loan, with adequate notice to the public. Requires the Secretary, before June 2 of each year ending before January 1, 1997, to report to the Congress on: (1) the status and operation of the Fund during the prior fiscal year; (2) the amounts made available for each such purpose during the prior fiscal year; and (3) the administration of this Act. Requires, at the end of each fiscal year for which repayable grants are made under this Act, each State government receiving such a grant to submit a report to the Secretary on the amount, purposes, and uses of such grant. Requires the Secretary to determine population (used as a statistic in awarding grants) on the same basis that the Secretary of Commerce determines resident population for general statistical purposes. Requires the Secretary to use population estimates provided by the Secretary of Commerce to determine amounts of repayable grants for each fiscal year.
United States · United States Congress · 21 March 1985
Requires the President to include with the annual Federal budget submitted to the Congress another budget prepared by the Board of Governors of the Federal Reserve System showing estimated receipts and expenditures for itself and all Federal Reserve banks for the next three fiscal years.
United States · United States Congress · 20 March 1985
Labor-Management Notification and Consultation Act of 1985 - Prohibits any employer (i.e. any business with 50 or more employees) from ordering a plant closing or permanent layoff until 90 days after the employer serves written notice of a proposal to issue such an order to: (1) the representative of the affected employees or, if none, to each affected employee; and (2) the Federal Mediation and Conciliation Service. Provides for reduction of such notification period if the Service determines that unavoidable business circumstances prevent the employer from withholding such closing or layoff until the end of such period. Provides for extension of such notification period thus prohibiting the ordering of such closing or layoff while the employer is subject to an order to continue to consult. Prohibits an employer from ordering a plant closing or permanent layoff unless the employer has: (1) met with representatives of the affected employees with respect to a proposal to order such closing or layoff; and (2) consulted in good faith with such representative for the purpose of agreeing to a mutually satisfactory alternative to or modification of such proposal. Makes such obligation to consult commence on the date of notice and continue until the end of the 90-day notification period. Provides that such consultation period shall be extended if the Service determines that the employer has failed to comply with such consultation requirements. Authorizes the Service to renew any such extension imposed. Requires the employer to disclose to the affected employees' representative information necessary for thorough evaluation of: (1) the proposal to order the closing or layoff; and (2) any alternatives or modifications suggested to such proposal. Authorizes the Service to issue protective orders to prevent disclosure of information which could compromise the employer's competitive position. Sets forth provisions for the administration and enforcement of requirements under this Act. Provides for: (1) assistance by the Service to employers, employee representatives, affected employees, State employment services, and other State and local officials; (2) investigations and injunctive actions by the Department of Labor; (3) civil actions against employers; and (4) civil actions against representatives of employees. Provides that the rights and remedies provided to employees by this Act are in addition to any other contractual, statutory, or other legal rights and remedies of the employees. Expresses the sense of the Congress that employers who, because affected employees do not have a representative, are not required to comply with the consultation and disclosure requirements under this Act should consult with and disclose information to such employees in order to reach a mutually satisfactory alternative or modification of the proposal to order the closing or layoff. Establishes a National Commission on Plant Closings and Worker Dislocation. Requires the Commission to report to the President and the Congress within 12 months of the appointment of members. Terminates the Commission 30 days after such report. Authorizes appropriations for the Commission.
United States · United States Congress · 19 March 1985
Textile and Apparel Trade Enforcement Act of 1985 - Limits the total quantity of 1985 imports of textiles and textile products from a major exporting country to the lesser of an amount equal to 101 percent: (1) of the total quantity of textile products imported from such country if the total had increased by six percent annually (one percent annually for wool products) during 1981 through 1984; or (2) if the United States has an agreement with such country providing for an annual growth rate of less than six percent, of the total quantity of such products from such country imported during 1984. Limits the total quantity of 1985 imports of textiles and textile products from an exporting country to an amount equal to the total quantity of such products imported from such country during 1984 plus: (1) 15 percent of such quantity in the case of a category that is not an import sensitive category; or (2) one percent in the case of an import sensitive category. Provides for changing the classification of a country, except for a Caribbean country, from an exporting country to a major exporting country if the total textile imports from such country equals or exceeds one and one-quarter percent of all textiles imported into the United States. Sets forth a formula for adjusting the growth of textile imports annually. Sets forth certain minimum quantities of textile imports that all countries shall be allowed to export to the United States. Requires the Secretary of Commerce to enforce this Act. Directs the Secretary, within six months of enactment of this Act, to establish an import licensing system under which an importer of textiles will be required to present an import permit as a condition of entry of such textiles. Directs the President to report to the Congress annually on the administration of this Act.
United States · United States Congress · 7 March 1985
Polygraph Protection Act of 1985 - Prohibits any employer from using any lie detector test or examination in the work place, for both pre-employment testing and testing in the course of employment. Requires the Secretary of Labor to prepare and have printed notices setting forth this prohibition. Requires employers to post these notices. Provides for remedies for violations of this Act as found in the Fair Labor Standards Act. Exempts Federal, State, and local employees from the Act's coverage.
United States · United States Congress · 7 March 1985
Directs the Secretary of the Army, acting through the Chief of Engineers, to review a certain study by the Army Corps of Engineers regarding the feasibility of constructing a canal connecting Lake Erie and the Ohio River, Ohio and Pennsylvania, and report any findings to the Congress.
United States · United States Congress · 5 March 1985
Income and Jobs Action Act of 1985 - Declares that every adult American able and willing to earn a living has the right to a choice among opportunities for paid employment (part- or full-time) at decent wages or for self-employment. Directs all Federal agencies to plan and carry out their policies and programs so all adult Americans may exercise this right. Prohibits the Federal Reserve System or any other Federal agency from promoting recession, stagnation, or involuntary unemployment as a means of reducing wages and salaries or inflation. Declares that every adult American unable to work for pay has the right to an adequate standard of living that rises with increases in the wealth and productivity of the society. Provides that no adult American shall be judged unable to work merely because of the unavailability of suitable paid employment opportunities at a given time or place or because of the lack of previous employment. Requires, in the absence of such opportunities and until such opportunities can be provided, that an adult American able and willing to work for pay shall be provided with whatever income is required to maintain a moderate level of living, as defined by the Bureau of Labor Statistics. Directs the President, in the first annual message at the beginning of the first session of the Congress after the enactment of this Act, to include specific proposals for a Conversion Planning Fund, to be administered by agencies determined by the President. Provides that such Fund shall promote short- and long-term plans for coping with declines in civilian or military activities by developing specific policies, programs, and projects (including feasibility studies, education, on-the-job training, and inducements for necessary and desirable labor mobility) for the expansion of economic activities in sectors where additional or improved goods or services are needed. Requires, in addition to such other funds as may be authorized, that such Fund include no less than one percent of the amount appropriated for military purposes during each subsequent year. Directs the President, within six months after the enactment of this Act and thereafter in each annual economic report and budget message, to transmit to Congress a staged program to create conditions under which the rights set forth in this Act may be enjoyed and to describe how the Conversion Planning Fund may be most productively used. Sets forth requirements for the design of such program, including provisions for locally based over-all planning. Directs the President, as part of such annual program, to transmit to Congress a short- and long-range schedule for implementing the purposes of the Act. Requires that such schedule include reductions in: (1) the military budget; (2) wasteful tax expenditures and loopholes; and (3) interest rates and Federal deficits. Requires that such schedule include: (1) recommendations for the appropriate use and direction of public and private pension funds; (2) the creation or promotion of private and public development banks, particularly in neighborhoods and other areas of high unemployment and poverty; (3) the promotion of educational activities within each State in accordance with locally-based overall planning, with special attention to educational processes that promote and use the creative abilities of businesses, labor unions, nonprofit voluntary and cooperative organizations, and the unemployed; and (4) timetables for developing the conditions for progress in attaining the policy goals of this Act. Requires that any outlays proposed under such plan and program be presented in terms not only of gross outlays, but also of net outlays, computed with a full estimation of specified factors.
United States · United States Congress · 28 February 1985
Designates the Veterans Administration Outpatient Clinic to be located in Crown Point, Indiana, as the Adam Benjamin, Junior, Veterans Administration Outpatient Clinic.
United States · United States Congress · 27 February 1985
High Risk Occupational Disease Notification and Prevention Act of 1985 - Directs the Secretary of Health and Human Services to conduct research into improving the means of: (1) surveillance of employees exposed to occupational health hazards; and (2) medical monitoring and treatment of employees exposed to occupational hazards. Provides that such research shall be conducted primarily through the occupational and environmental health centers established under this Act. Lists areas such research is to include (among which are: studying the etiology and development of such diseases; developing means of medical surveillance of exposed employees; and developing educational programs). Directs the Secretary to undertake or sponsor additional epidemiological, clinical, and laboratory research to identify and define additional employee populations at risk of occupational disease. Provides that: (1) this expanded research shall be conducted or sponsored by the National Institute for Occupational Safety and Health (NIOSH); and (2) in conducting such research, NIOSH shall have access to prior and current employment, occupational, and health-related data and information maintained by Federal agencies. Authorizes the Secretary, in carrying out such research, to employ experts and consultants. Establishes a Risk Assessment Board, within NIOSH, to: (1) review current medical and other scientific studies and reports concerning the incidence of disease associated with employment; (2) report to the Secretary on the state of current research on such diseases; and (3) designate, from such review, employee populations at risk of disease associated with hazardous occupational exposures. Sets forth factors which the Board must consider in identifying such populations at risk. Directs the Board, within ten days of making a finding that a class or category of workers is a population at increased risk (30 percent greater incidence of disease than a comparable worker population not exposed to the hazardous occupational exposure) or a population at high risk (100 percent greater incidence than the comparable worker population not exposed), to recommend to the Secretary that individuals within such populations be notified and, in cases of high risk, be eligible for services and information under this Act. Gives priority for Board review to those employee populations exposed to hazardous occupational exposures for which there already exists a permanent standard under the Occupational Safety and Health Act. Requires the Board to transmit to the Secretary its findings and recommendations on these employee populations within one year after the effective date of this Act. Directs the Secretary, upon determination that a given class or category of employee is a population at risk of occupational disease, to notify each individual within such population at risk. Sets forth the required contents of such notification, including counseling information. Directs the Secretary to establish a telephone "hot line" for the personal physicians of employees who have received such notification, to provide additional medical and scientific information concerning the nature of the risk and its associated disease. Directs the Secretary to prepare and distribute other medical and health promotion material and information on any risk subject to such notification requirements and its associated disease as the Secretary deems appropriate. Provides that, in carrying out such notification responsibilities, the Secretary shall have access to information and data contained in any Federal agency records, solely for the purpose of obtaining names, addresses, and work histories of employees subject to such notification. Directs the Secretary to establish and certify occupational and environmental health centers. Provides that such centers shall be selected from: (1) educational resource centers of NIOSH and similar centers of the National Institute for Environmental Health Sciences; and (2) at a later date, existing health care facilities, in an appropriate number to obtain even regional distribution of such centers throughout the United States. Sets forth criteria for selection of such centers. Requires such centers to be capable of providing research resources, diagnosis, treatment, medical monitoring, and family services for employees notified under this Act who are at high risk of occupational disease. Directs the Secretary to: (1) develop criteria governing the most appropriate type of medical monitoring; and (2) develop a program for training of existing personnel and procuring specialized equipment required under criteria for certification of such centers. Prohibits discrimination by any employer, insurance carrier, or any other person against any employee on the basis that the employee has been notified by the Secretary of being at risk of any occupational disease. Requires that the employee retain the same rates of pay, benefits and seniority as in the former job if, based upon sound medical advice or monitoring initiated under this Act, it is determined that the employee should be transferred to a less hazardous or non-exposed job. Prohibits any health care financing system from discriminating against an employee who has been notified by the Secretary under this Act in the payment of the costs associated with a medical monitoring program, or any subsequent treatment, including treatment required by a medical monitoring examination or the onset of disease. Sets forth procedures for review of discrimination complaints. Provides for reinstatement and specified compensation for employees who are discriminated against in violation of this Act. Sets forth civil penalties for persons or institutions that violate such discrimination prohibitions. Provides for injunctive relief against violations of this Act or any rule or regulation promulgated under this Act. Requires each health care financing system (including public and private health insurance programs, and the Medicare and Medicaid programs, and disability benefits under the Old Age, Survivors and Disability Insurance program) to provide appropriate testing, evaluation, and medical monitoring services to employees as required under this Act. Requires that the cost of testing, evaluation, and medical monitoring required by an employee as a result of hazardous occupational exposure and notification under this Act be included as a covered item in any health care financing system available to such employees through their employment or as individual purchasers of health insurance. Provides that any treatment provided by a health care financing system to an employee for a subsequent disease that was subject to a notification under this Act may constitute an insurance subrogation claim against a workers' compensation program or insurance carrier. Provides that notification of risk to an employee under this Act and subsequent medical evaluation and monitoring shall not constitute a workers' compensation claim, nor shall such notice toll any statute of limitations with respect to such a claim, except as specifically provided by law under a workers' compensation statute. Authorizes appropriations for FY 1986 and subsequent fiscal years.