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Official portrait of Sen. Murkowski, Frank H. [R-AK]

Sen. Murkowski, Frank H. [R-AK]

United States · Official source

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3,515 records where Sen. Murkowski, Frank H. [R-AK] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· SS. 516 (99th)open

Pacific Salmon Treaty Act of 1985

United States · United States Congress · 27 February 1985

Pacific Salmon Treaty Act of 1985 - Provides for the appointment of four U.S. Commissioners to the Pacific Salmon Commission established by the Pacific Salmon Treaty between the United States and Canada (the Treaty). Provides for the appointment of U.S. Panel members to the Southern, Northern, and Fraser River Panels established by the Treaty. Sets forth the voting requirements for U.S. Commissioners and members of the various Panels. Authorizes the Secretary of State (the Secretary) to: (1) receive and transmit communications of and to the Commission and Panels; (2) in consultation with the Secretary of the Interior, approve, disapprove, object to, or withdraw objections to fishery regimes and Fraser River Panel regulations proposed in accordance with the Treaty; and (3) act upon or refer to other appropriate authority any other communications of, and to the Commission and Panels. Authorizes the Secretary to: (1) arrange for cooperation in carrying out the Treaty with U.S. agencies, the States, treaty Indian tribes, private institutions and organizations; and (2) executive memoranda to reflect such agreements. Authorizes U.S. agencies to cooperate in scientific and other programs to assist the Commission and Panels in carrying out their responsibilities under the Treaty. Provides for the preemption of State or treaty Indian tribe actions if such actions place the United States in jeopardy of not fulfilling its international obligations under the Treaty. Sets forth the procedures for promulgating regulations to carry out the U.S. international obligations under the Treaty. Makes it unlawful for any person or vessel subject to U.S. jurisdiction to: (1) violate this Act, or any regulation adopted under this Act, or any Fraser River Panel regulation approved by the United States under the Treaty; (2) refuse to permit an authorized search or inspection of a fishing vessel under such person's control; (3) interfere with an authorized officer in the conduct of such a search or inspection; (4) resist a lawful arrest for any act prohibited by this Act; (5) ship, transport, offer for sale, sell, purchase, import, export, or have custody of any fish taken and retained in violation of this Act; or (6) interfere with the apprehension or arrest of another person knowing such person has violated this Act. Sets forth penalties for such violations. Sets forth as the general standard for U.S. actions with respect to the Treaty that the U.S. actions shall: (1) consider the best scientific information available; (2) result in measures necessary and appropriate for the conservation and use of the Pacific salmon; and (3) be consistent with U.S. obligations under the Treaty, domestic Indian treaties and other applicable law. Requires the U.S. Commissioners and Panel members to appoint an advisory committee. Sets forth administrative provisions. Authorizes appropriations. Repeals the Sockeye Salmon or Pink Salmon Fishing Act of July 29, 1947, as amended. Directs the Secretary to dispose of any U.S. property held by the International Pacific Salmon Fisheries Commission.

Bill· SS. 531 (99th)referred

Readiness Enhancement of Air Force Reserve Special Operations Act of 1985

United States · United States Congress · 27 February 1985

Readiness Enhancement of Air Force Reserve Special Operations Act of 1985 - Authorizes appropriations for FY 1986 for the operation and maintenance of: (1) a Special Operations Wing of the Air Force Reserve; and (2) the Directorate of the Department of Defense Task Force on Drug Law Enforcement. Directs the Secretary of Defense, not later than September 30, 1985, to report to specified congressional committees concerning the expenditure of funds authorized by this Act. Outlines information to be included in such report.

Resolution· SRESS.Res. 81 (99th)reported

A resolution to establish regulations to implement television and radio coverage of proceedings of the Senate.

United States · United States Congress · 27 February 1985

Directs that proceedings in the Senate Chamber be broadcast by radio and television: (1) continuously when the Senate is in session (except when a closed door meeting is ordered); and (2) subject to certain provisions of the Standing Rules of the Senate pertaining to the Senate gallery. Requires that broadcasts be supervised and operated by the Senate and made available on a live basis and free of charge to specified entities. Requires the television broadcasts to follow the Presiding Officer and Senators who are recognized to speak. Directs the Architect of the Capitol to provide for the construction and acquisition of broadcasting facilities and equipment. Sets forth duties of the Sergeant at Arms and Doorkeeper of the Senate with respect to the operation and maintenance of such equipment and the disposition of audio and video tape recordings. Directs the Librarian of Congress and the Archivist of the United States to receive, store, and make such recordings available to the public at no cost for viewing or listening on the premises. Authorizes the charging of a fee equal to the cost involved through distribution of taped copies. Provides for a test period of Senate broadcasting equipment. Prohibits the use of tape duplications of broadcast coverage for political or commercial purposes. Requires that changes in regulations made by this resolution be made only by Senate resolution. Authorizes expenditures, limited to a specified amount, to carry out this resolution.

Resolution· SCONRESS.Con.Res. 20 (99th)open

A concurrent resolution expressing the sense of the Congress that payments by the Veterans' Administration to veterans as compensation for service-connected disabilities should remain exempt from Federal income taxation.

United States · United States Congress · 26 February 1985

Expresses the sense of the Congress that: (1) veterans' disability compensation payments should remain exempt from Federal income taxation; and (2) the President should reject any proposals to tax such payments.

Bill· SS. 499 (99th)referred

A bill for the relief of Frederick Paul of Seattle, Washington; Barry W. Jackson of Fairbanks, Alaska; and Thomas Fenton of Fairbanks, Alaska.

United States · United States Congress · 22 February 1985

Directs the Secretary of the Treasury to pay a sum to be determined to three named individuals in full satisfaction of all claims against the United States arising from legal services performed by such individuals on behalf of Arctic Slope Eskimos and other Alaska Natives in connection with the Alaska Native Claims Settlement Act.

Bill· SS. 500 (99th)referred

A bill for the relief of Frederick Paul and Aileen Paul.

United States · United States Congress · 22 February 1985

Relieves two named individuals of all Federal income tax liability on sums awarded to one of them in 1975 pursuant to the Alaska Native Claims Settlement Act for legal services rendered on behalf of certain Alaska Natives.

Law· SS. 485 (99th)enacted

A bill to amend the Alaska National Interest Lands Conservation Act of 1980 to clarify the treatment of submerged lands and ownership by the Alaskan Native Corporation.

United States · United States Congress · 20 February 1985

Amends the Alaska National Interest Lands Conservation Act to require lakes, rivers, and streams to be meandered in accordance with specified principles whenever the Secretary of the Interior surveys land selected by an Alaska Native, a Native corporation, or the State. Prohibits certain size lakes, rivers, and streams from being meandered if title to lands beneath such navigable waters did not vest in the State under the Submerged Lands Act. Provides that when the Secretary conveys land to an Alaska Native, a Native Corporation, or the State which abuts or surrounds a lake, river, or stream which is required to be meandered, then any U.S. interest in the land under such lake, river, or stream shall vest in and not be charged against the entitlement of such Native, Native corporation, or State. Incorporates the terms of a specified document into this Act.

Law· SS. 426 (99th)enacted

Electric Consumer Protection Act of 1986

United States · United States Congress · 7 February 1985

Electric Consumers Protection Act of 1985 - Amends the Federal Power Act to require the Federal Energy Regulatory Commission to issue a new license to an existing licensee for a hydroelectric project authorized under such Act if the United States does not, upon the expiration of the existing license, exercise its right to take over, maintain, and operate such licensee's project, unless the Commission determines that such licensee's project will not meet the licensing standards under such Act. Provides that if the Commission determines that such licensee's project does not meet such standards, the Commission is authorized to issue a new license to a new licensee which may cover the existing licensee's project provided that the new licensee pays just compensation determined by the Commission and enters into any contracts required under the Federal Power Act. (Under current law, the Commission is authorized to issue a new license to the original licensee or to a new licensee if the United States does not exercise its rights with respect to an expired license.)

Law· SS. 444 (99th)enacted

A bill to amend the Alaska Native Claims Settlement Act.

United States · United States Congress · 7 February 1985

Amends the Alaska Native Claims Settlement Act to require the Secretary of the Interior to convey certain U.S. lands to NANA Regional Corporation in exchange for lands owned by such corporation.

Law· SS. 410 (99th)enacted

Conservation Service Reform Act of 1986

United States · United States Congress · 6 February 1985

Conservation Service Reform Act of 1985 - Repeals title VII of the National Energy Conservation Policy Act which requires electric and gas utilities to offer comprehensive site-specific audit services to those customers who are owners of multifamily dwellings and commercial buildings.

Bill· SS. 356 (99th)open

A bill granting the consent of Congress to the Northwest Interstate Compact on Low-level Radioactive Waste Management.

United States · United States Congress · 31 January 1985

Interstate Compact - Grants congressional approval to the Northwest Interstate Compact on Low-Level Radioactive Waste Management, which provides for cooperation among the States of Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming in the management of low-level radioactive waste on a continuing basis.

Bill· SS. 367 (99th)referred

Veterans' Administration Adjudication Procedure and Judicial Review Act

United States · United States Congress · 31 January 1985

Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Requires the chairman of the Board of Veterans' Appeals to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Authorizes the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees in successful veterans' claims brought before a court as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.

Bill· SS. 366 (99th)reported

Water Resources Development Act of 1985

United States · United States Congress · 31 January 1985

Water Resources Development Act of 1985 - Title I - Directs the Secretary of the Army, acting through the Chief of Engineers, to obligate no sums in excess of those specified in this title for the combined purpose of the "Construction General" account and the "Flood Control, Mississippi River and Tributaries" account. Authorizes appropriations for FY 1986 through 1990. Title II: General Provisions - Directs the Secretary to enter into agreements with landowners who are benefitted by local flood control projects to assure that such owners will contribute 50 percent of that project's cost. Limits the commencement period for any such flood control project to ten years from the date of authorization of such project unless the Secretary shows that such project remains needed and justified. Allows for the submission of Federal projects with a cost of up to $10,000,000 provided, however, that any project with a cost exceeding $10,000,000 must be authorized by Act of Congress. Provides further that each such project must contain benefits directly related to agriculture that account for at least 20 percent of the total benefits of the project. Requires the Secretary of Agriculture to study and report to the appropriate congressional committees on the feasibility of requiring full public access to all water impoundment facilities that have recreation-related potential. Amends Federal law to provide for the compatibility of Federal flood control projects with any existing or planned local flood control improvement programs. Directs the Secretary of the Army to undertake a program for the control of river ice, to assist communities in the breakup of such ice, and to provide technical assistance to local units of government to control or break up such ice. Authorizes appropriations for FY 1986 through 1990. Directs the Secretary of the Army to undertake a demonstration program for the control of river ice at Hardwick, Vermont. Authorizes appropriations for such program. Directs the Secretary to report to Congress by March 1, 1988, on activities under this section. Directs the Secretary, upon request, to survey the potential of rehabilitating former industrial sites, millraces, etc. already constructed for use as hydroelectric facilities. Authorizes appropriations for FY 1986 through 1990. Amends the Flood Control Act of 1970 concerning agreements made between Federal and State governments for cooperation in payment of mutually-beneficial flood control projects. Requires a favorable report from the Chief of Engineers before any flood control facility construction may begin. Provides that the Secretary shall not require non-Federal interests to assume operation of any federally-run facility as a condition to the construction of new recreational facilities. Authorizes the Secretary to enter into contracts with area Federal Project Repayment Districts for the recovery of appropriate shares of project costs. Requires the Secretary to determine that revenues derived from such contracts will be sufficient to meet cost recovery requirements under Federal law. Expresses the sense of the Congress that all parties to various lawsuits concerning the issuance of Federal permits necessary for the construction of a coal slurry pipeline development which would use Missouri River water should work to resolve such issues in an expeditious and reasonable manner. Prohibits the Secretary from initiating construction of any water resources project if such project has been modified to increase any of the following project parameters by more than 25 percent: (1) acreage of land acquisition; (2) linear miles of stream channel innundated; (3) width or depth of any navigation channel; (4) displacement of dwelling units; (5) hydroelectric generating capacity; or (6) linear miles of stream channelization. Directs the Secretary to submit to the Congress, within 180 days of proposal, a report on any such project modification together with his recommendations thereon. Amends the Water Resources Research Act to establish the High Plains Study Council to: (1) review research work conducted by State advisory committees; and (2) coordinate such research to avoid duplication of efforts by States of the High Plains. Directs the Secretary of the Interior to establish within each State of the High Plains region an Ogallala Aquifer technical advisory committee (the State Committee). Directs such State Committee to: (1) review existing State laws concerning water management and recommend appropriate changes; (2) establish State priorities for water resources research and demonstration projects; and (3) provide information and technical assistance concerning the need for water conservation and management. Directs the Secretary to allocate annually funds to States of the High Plains region for research in water-use efficiency, cultural methods, irrigation technologies, water-efficient crops, and water and soil conservation. Directs that such funds shall be distributed to State institutions of higher learning on the basis of merit. Directs the Secretary to divide funds among the States of the High Plains region for research into: (1) precipitation management; (2) weather modification; (3) aquifer recharge opportunities; (4) saline water uses; (5) desalinization technologies; (6) salt-tolerant crops; and (7) local water-transfer opportunities. Directs the Secretary to allocate annually funds to High Plains region States for grants to farmers for demonstration projects in: (1) water-efficient irrigation technologies and practices; (2) soil and water conservation management systems; and (3) the growth and marketing of more water-efficient crops. Provides that such grants to farmers shall be made on the basis of merit. Authorizes the Secretary of the Army, acting through the Chief of Engineers, to study the feasibility of water transfers into the High Plains Region, and report annually to the Congress. Authorizes the Secretary to monitor the levels of the Ogallala Aquifer, and to report annually to the Congress. Authorizes the Secretary of the Army to make grants to States for programs in water conservation and nonstructural flood control alternatives. Outlines the qualifications for States receiving such grants. Authorizes appropriations for FY 1986 through 1990. Requires the Secretary to report to the Congress on this program by October 1, 1988. Authorizes the Secretary to conduct a study of shoreline protection and beach erosion control policy in view of the prospect for long-term increases in the level of the ocean. Requires the Secretary, within three years of the date of enactment of this Act, to transmit the study together with recommendations to the appropriate congressional committees. Authorizes appropriations. Directs the Secretary to require a review of the cost effectiveness of design of each water resources project which has a cost in excess of $10,000,000. Requires the Secretary to prepare a feasibility report for each such project being reviewed, after conducting a reconnaissance of the water resources problems, in order to identify potential solutions. Requires such reconnaissance to be limited to 18 months. Requires non-Federal interests to contribute 50 percent of the cost of any such study. Requires the mitigation of fish and wildlife losses to be undertaken before construction on the project involved begins. Authorizes the Secretary to mitigate damages to fish and wildlife to the extent that such mitigation costs do not exceed $7,500,000 per project. Requires a report to the Congress when mitigation costs are expected to exceed $7,500,000 per project. Requires the Secretary to submit with each proposal for the authorization of a water resources project, either: (1) a recommendation with a specific plan to mitigate fish and wildlife losses; or (2) a determination that such project will have negligible adverse impact on fish and wildlife. Directs that when the Secretary recommends activities to enhance fish and wildlife resources, the cost of such enhancement shall be a Federal cost when its benefits are determined to be national in character. Authorizes the Secretary to plan, design, and construct streambank erosion control projects not specifically authorized by Congress when such work is economically feasible and environmentally acceptable. Authorizes appropriations for fiscal years beginning with FY 1985. Prohibits the cost of any single project in this section from exceeding $2,000,000. Title III: Project Provisions - Directs the Secretary to undertake the following flood control improvement projects: (1) Warrior River, Mound State Park, Moundville, Alabama; (2) Fort Toulouse National Historic Landmark and Taskigi Indian Mound, Alabama; and (3) Tangier Island, Virginia. Directs the Secretary to undertake the following navigation and channel improvement projects: (1) Indian River Inlet, Delaware; (2) Abiquiu Dam, New Mexico; (3) Winooski River Basin, Waterbury, Vermont; (4) Tacoma Harbor, Washington; and (5) Pick-Sloan Missouri Basin. Directs the Secretary to study and draft plans for development, utilization, and conservation of water and related land resources in the Trust Territory of the Pacific Islands. Provides that the operation and maintenance of Jackson Hole Snake River project, Wyoming, shall be the responsibility of the Secretary, provided that non-Federal interests contribute the initial $35,000 in construction costs. Modifies the Rio Grande Floodway project, Truth or Consequences Unit, New Mexico, to authorize the Secretary to construct a flood control dam on the Cuchillo Negro Creek. Authorizes and directs the Secretary to undertake restoration measures for the Acequia Systems in New Mexico, provided that the State contribute 20 percent of any project costs. Authorizes appropriations. Directs the Secretary to consider the Acequia Systems as public entities for purposes of contractual agreements. Authorizes the Secretary to institute cropland irrigation research for the St. John River Basin, Maine. Authorizes appropriations. Authorizes bank protection activities in Starr County, Texas, in accordance with certain specifications. Authorizes the Secretary, upon completion of recording of plats for townsites, to: (1) sell lands in accordance with a certain preference scheme; (2) transfer municipal facilities to the appropriate local government entity; and (3) transfer all facilities used for educational purposes to the appropriate school district. Outlines the preference scheme for land sales. Authorizes the Secretary to accept notes secured by mortgages and to provide temporary financial assistance to local government entities in order to facilitate such land sales. Defines "townsite" as including the areas of Riverdale, North Dakota, and Pickstown, South Dakota. Authorizes the Secretary to begin a program for the removal of silt from Lake Herman, South Dakota. Authorizes appropriations. Authorizes the Secretary to begin a program of silt traps and silt removal in Lake Worth, Texas. Authorizes and directs the Secretary to conduct mitigation activities in Warwick, Rhode Island. Authorizes appropriations. Authorizes and directs the Secretary to undertake studies of the impact on the United States of Canadian tidal power development in the Bay of Fundy, and to submit such studies to the appropriate congressional committees. Authorizes appropriations. Declares downstream recreation on the Gauley River to be an additional project purpose of the Summerville Lake project, West Virginia. Authorizes the construction of three flood control structures on the Johns Creek tributary in the Nonconnah Creek Basin, Tennessee. Authorizes the Secretary to participate in a project to demonstrate the feasibility of non-Federal cost sharing for rural flood protection on the James River in South Dakota. Requires a report to be submitted to the Congress concerning such project by September 30, 1987. Modifies the project for local flood protection on the Milk River at Havre, Montana. Authorizes and directs the Secretary to undertake road improvement measures at Pearson-Skubitz Big Hill Lake, Kansas. Declares a described portion of the Hudson River in New York Bay to be nonnavigable. Deauthorizes the William L. Springer Lake project on the Sangamon River, Illinois. Designates the former Big South Fork National River and Recreation Area, Tennessee and Kentucky, as the John Sherman Cooper National Recreation Area. Declares the Port of Houston Authority bridge over Greens Bayou, Texas, to be a lawful bridge. Authorizes the Secretary to undertake the following reconnaissance studies in the State of Utah: (1) the Provo River; (2) existing levees along Utah Lake; (3) Interstate Highway 15, adjacent to Utah Lake; (4) Rock, Little Rock, and Slate Canyons in Provo; (5) the Bear River; (6) the Weber River; and (7) the Sevier River. Directs the Secretary to make certain amendments to the contract between the State of Illinois and the United States for water supply storage at Rend Lake on the Big Muddy River, Illinois. Authorizes increased appropriations for the repair and modification of the Illinois and Mississippi Canal. Designates the Lowndesville Recreation Area in the Richard B. Russell Dam and Lake project, South Carolina and Georgia, as the Jim Rampey Recreation Area. Authorizes the Secretary to permit the delivery of water from the District of Columbia water system at the Dale cartia filtration plant to any appropriate State or local authority of Maryland. Authorizes the Secretary to purchase water from an appropriate Maryland authority which has completed a connection with the Distrct of Columbia water system. Amends the Water Resources Development Act of 1974 to authorize the Mountrail County Park Commission, North Dakota, to designate a portion of park lands for the leasing of cabin sites. Directs the Secretary to compensate landowners in Kootenai Flats, Idaho, for erosion of property caused by power generation operations at Libby Dam, Montana. Deauthorizes the Lake Brownwood modification project, Pecan Bayou, Texas. Title IV: Dam Safety - Dam Safety Act of 1985 - Amends public law concerning the definition of "dam". Authorizes appropriations for FY 1986 through 1990. Provides for the distribution of such funds among the States. Directs the Secretary to provide assistance to any State that establishes and maintains a dam safety program which includes the following: (1) a procedure for the review of dam plans to determine its safety; (2) a procedure to determine that such dam will be operated in a safe manner; (3) a procedure for inspection at least once every three years, or more if warranted; (4) the State has the power to modify the dam to assure its safety; (5) the State develops a system of emergency procedures to be followed in the event of dam failure; and (6) the State has the necessary emergency funds to make immediate repairs in order to protect human life and property. Provides for the approval of submitted programs within 120 days unless notified prior to that by the Secretary. Provides for periodic review of dam safety programs by the Secretary. Requires the Director of the Federal Emergency Management Agency to report to the Congress on the need for federally-sponsored programs of guarantees of insurance for owners of dams. Authorizes to be established a Federal Dam Safety Review Board responsible for reviewing the design and safety of dams constructed in the United States, and to monitor State implementation of this Act. Requires the Board to file an advisory report on proposed dams prior to their construction. Directs the Board also to study the need for a Federal loan program to assist owners of non-Federal dams in rehabilitating such structures to assure their safety. Provides for the composition of Board members. Directs the Secretary to provide training for dam safety inspectors. Authorizes appropriations for FY 1986 through 1990. Directs the Secretary to begin research to develop techniques and equipment for more efficient dam inspection. Provides for State participation in such research. Authorizes appropriations for FY 1986 through 1990. Authorizes the Secretary to maintain and publish information on the inventory of dams authorized under this Act. Authorizes appropriations. Title V: Inland Navigation - Makes funds in the Inland Waterway Trust Fund available to the Secretary for the construction of any dam project for purposes of commercial navigation on inland waterways, if such construction was initiated after June 30, 1984. Declares such trust fund to be the sole source for Federal funding for commercial navigational projects. Authorizes the following works of improvement to the inland waterways by the Secretary: (1) Helena Harbor, Arkansas; (2) White River Navigation to Batesville, Arkansas; (3) Lake Pontchartrain, North Shore, Louisiana; (4) Greenville Harbor, Mississippi; (5) Vicksburg Harbor, Mississippi; (6) Atlantic Intracoastal Waterway Bridges, North Carolina; (7) Olcott Harbor, New York; (8) Bonneville Lock and Dam, Oregon and Washington; (9) Memphis Harbor, Memphis, Tennessee; (10) Gallipolis Locks and Dam Replacement, Ohio and West Virginia; (11) Lock and Dam 7 and 8 Replacement, Monongahela River, Pennsylvania; (12) the New York State Barge Canal; provided that control and operation of the Canal continues to reside with the State of New York and that such State provides one half of all operational costs; (13) Saint Louis Harbor, Missouri and Illinois; and (14) Oliver lock replacement, Alabama. Upper Mississippi River System Management Act of 1985 - Provides that Congress recognizes the Upper Mississippi River System as a nationally significant ecosystem and commercial navigation system, and provides for the administration and regulation of such system. Provides that Congress approves of a "Master Plan" as a guide for future water policy on the Upper Mississippi River System. Provides for cooperation of several States in the System toward its growth and development. Authorizes the Secretary to provide for the construction of a second lock at locks and dam 26, Mississippi River, Alton, Illinois and Missouri. Authorizes such sums as necessary to carry out the provisions of this section. Directs the Secretary to monitor traffic movements on the System in order to determine any future capacity expansion. Authorizes appropriations for such monitoring. Authorizes the Secretary of the Interior to undertake various programs for the enhancement of the Upper Mississippi River System. Authorizes appropriations for this purpose. Authorizes such Secretary to implement a program of recreational projects for the System. Authorizes appropriations for this purpose. Title VI: Cost Sharing - States that the construction of any water resource project authorized to be constructed by the Secretary either in this Act or after the enactment of this Act can only be initiated after the Federal agency and the non-Federal sponsor have contractually agreed to share the project's costs in accordance with certain guidelines (share of cost depends upon type of project provided). Enumerates the non-Federal share for each type of water resource project. Provides for the repayment period of the non-Federal share, with appropriate interest. Provides that any cost-sharing agreement with a non-Federal private or public sponsor shall be subject to the ability of such sponsor to pay. Provides for the sharing of costs up to the date of enactment of this Act. Title VII: Adopts and authorizes the following works of improvement to rivers, harbors, and other waterways for flood control and other purposes to be undertaken by the Secretary in accordance with specified plans and provisions: (a) Flood Control: (1) Village Creek, Jefferson County, Alabama; (2) Eight Mile Creek, Paragould, Arkansas; (3) Fourche Bayou Basin, Little Rock, Arkansas; (4) Helena and vicinity, Arkansas; (5) Little Colorado River at Holbrook, Arizona; (6) Cache Creek Basin, California; (7) Redbank and Fancher Creeks, California; (8) Santa Ana River Mainstem, including Santiago Creek, California; (9) Fountain Creek, Pueblo, Colorado; (10) Metropolitan Denver and South Platte River and Tributaries, Colorado, Wyoming, and Nebraska; (11) Oates Creek, Georgia; (12) Agana River, Guam; (13) Alenaio Stream, Hawaii; (14) Big Wood River and Tributaries, Idaho; (15) North Branch of Chicago River, Illinois; (16) Rock River at Rockford and vicinity, Illinois; (17) Little Calumet River, Indiana; (18) Des Moines River Basin, Iowa and Minnesota; (19) Mississippi River, Iowa; (20) Perry Creek, Iowa; (21) Halstead, Kansas; (22) Atchafalaya Basin Floodway system, Louisiana; (23) Bushley Bayou, Louisiana; (24) Louisiana State Penitentiary Levee, Mississippi River; (25) Quincy Coastal Streams, Massachusetts; (26) Mississippi River at St. Paul, Minnesota; (27) Redwood River at Marshall, Minnesota; (28) Root River Basin, Minnesota; (29) South Fork Zumbro River Watershed at Rochester, Minnesota; (30) Horn Lake Creek and Tributaries, Tennessee and Mississippi; (31) Sowashee Creek, Mississippi; (32) Brush Creek and Tributaries, Missouri and Kansas; (33) Maline Creek, Missouri; (34) St. Johns Bayou and New Madrid Floodway, Missouri; (35) Robinson's Branch of the Rahway River at Clark, Scotch Plains, and Rahway, New Jersey; (36) Rahway River and Van Winkles Brook at Springfield, New Jersey; (37) Green Brook Subbasin, Raritan River Basin, New Jersey; (38) Middle Rio Grande Flood Protection, Bernalillo to Belen, New Mexico; (39) Puerco River and Tributaries, Gallup, New Mexico; (40) Cazenovia Creek Watershed, New York; (41) Mamaroneck and Sheldrake Rivers Basin and Byram River Basin, New York and Connecticut; (42) Hocking River at Logan and Nelsonville, Ohio; (43) Miami River, Fairfield, Ohio; (44) Miami River, Little Miami River, Ohio; (45) Muskingum River Basin, Ohio; (46) Scioto River at North Chillicothe, Ohio; (47) Fry Creeks, Oklahoma; (48) Mingo Creek, Tulsa, Oklahoma; (49) Parker Lake, Muddy Boggy Creek, Oklahoma; (50) Harrisburg, Pennsylvania; (51) Lock Haven, Pennsylvania; (52) Saw Mill Run, Pittsburgh, Pennsylvania; (53) Wyoming Valley, Pennsylvania; (54) Big River Reservoir, Rhode Island; (55) Nonconnak Creek, Tennessee and Mississippi; (56) Buffalo Bayou and Tributaries, Texas; (57) Boggy Creek, Austin, Texas; (58) Lake Wichita, Holliday Creek, Texas; (59) Lower Rio Grande, Texas; (60) James River Basin, Richmond, Virginia; (61) Sims Bayou, Texas; (62) Chehalis River at South Aberdeen and Cosmopolis, Washington; (63) Yakima Union Gap, Washington; (64) Threemile Creek, Mobile, Alabama; (65) Upper Little Arkansas River Watershed, Kansas; (66) South Quincy Drainage and Levee District, Illinois; (67) Tonawanda Creek Watershed, New York; (68) Park River, North Dakota; and (69) Centralia, Chehalis River and tributaries, Washington; (b) Hydropower Development: (1) Scammon Bay, Alaska; (2) South Central Railbelt Area, Alaska, Hydroelectric Power, Valdez and Copper River Basin; (3) Murray Lock and Dam, Hydropower, Arkansas; (4) Arkansas River and Tributaries, Hydropower, Arkansas and Oklahoma; (5) Metropolitan Atlanta Area, Water Resources Management Study, Georgia; (6) W.D. Mayo Lock and Dam 14, Hydropower, Oklahoma; (7) Blue River Lake, Hydroelectric Power, Willamette River Basin, Oregon; (8) McNary Lock and Dam Second Powerhouse, Columbia River, Oregon and Washington; and (9) Gregory County Hydroelectric Pumped Storage Facility, South Dakota; (c) Shoreline Protection: (1) Charlotte County, Florida; (2) Indian River County, Florida; (3) Panama City Beaches, Florida; (4) Saint Johns County, Florida; (5) Jekyll Island, Georgia; (6) Casino Beach, Illinois Shoreline, Illinois; (7) Atlantic Coast of Maryland and Assateague Island, Virginia; (8) Atlantic Coast of New York City from Rockaway Inlet to Norton Point, New York; (9) Maumee Bay, Lake Erie, Ohio; (10) Presque Isle Peninsula, Erie, Pennsylvania; (11) Folly Beach, South Carolina; (12) Dade County, North of Haulover Beach park, Florida; (13) Monroe County, Florida; (14) Indiana Shoreline Erosion, Indiana; (15) Wrightsville Beach, North Carolina; (16) Willoughby Spit and vicinity, Norfolk, Virginia; and (17) Cape May Point, New Jersey; (d) Mitigation: (1) Fish and Wildlife Program for the Sacramento River Bank Protection Project, California; (2) Richard B. Russell Dam and Lake, Savannah River, Georgia and South Carolina; (3) Davenport, Iowa Local Protection Project-Fish and Wildlife Mitigation Plan; (4) West Kentucky Tributaries Projects, Fish and Wildlife Mitigation Plan, Obion Creek, Kentucky; (5) Downstream Measures at Harry S. Truman Dam and Reservoir, Missouri; (6) Smithville Lake, Little Platte River, Missouri-Plan for Replacement of the Trimble Wildlife Area; (7) Cape May Inlet to Lower Township, New Jersey; and (8) Cooper Lake and Channels Project, Texas, Report on Fish and Wildlife Mitigation; (9) Missouri River, fish and wildlife mitigation, Iowa, Nebraska, Kansas, Missouri; and (10) Yazoo backwater project, Mississippi, fish and wildlife mitigation report; (e) Bank Stabilization: (1) Bethel, Alaska; (f) Demonstration: (1) Cabin Creek, West Virginia; and (2) Lava Flow Control, Island of Hawaii, Hawaii. Authorizes the Secretary of the Interior to undertake a feasibility study of the water supply and irrigation features of the Gregory Facility and prohibits construction of such facility until such study, together with a favorable certification by the Secretary of the Interior, is submitted to the Congress, and the Congress has authorized appropriations for construction of such facility. Title VIII: Water Supply Loans - Water Supply Rehabilitation and Conservation Act of 1985 - Authorizes the Secretary to make loans to departments, agencies, units of State or local government, or any person operating a water supply system for the purpose of improving such system. Directs the Secretary to allocate one-half of the funds in proportion to each State's population, the other half to be allocated at the Secretary's discretion. Prohibits loans for purposes other than water supply or water conservation. Requires operators of water supply systems to submit loan applications to the Secretary. Lists requirements for loan applications, including: (1) a detailed plan and estimated cost of the project; (2) a showing that the applicant holds all necessary rights to land and water use; and (3) an assessment of the improvements the proposed project will make. Permits the Secretary to make only such loans which the Secretary determines to be technically feasible and which constitute a reasonable financial risk. Directs the Secretary, in making loans, to give priority to: (1) water supply systems unable to obtain financial assistance; and (2) water supply systems using such loans to pay for the cost of installing a new system or improving an existing system in order to comply with the Safe Drinking Water Act of 1974. Authorizes the Governor of each State to submit by April 1, 1985, and annually thereafter, a priority list of water supply projects in such State to be financed by loans under this title. Allows the granting of loans only if the operator of a water supply system to whom the loan is granted implements a model water conservation program. Defines a "model water conservation program." Requires the agreement reached between the Secretary and any loan grantee to include: (1) the amount of the loan and its interest rate; (2) a repayment period; and (3) such provisions as are deemed necessary to assure prompt repayment. Authorizes appropriations for FY 1986 through 1990. Directs the Secretary to submit to the Congress by September 30, 1989, a report concerning loans granted and water supply improvements made under this title. Enumerates specific information and recommendations to be included in such report. Authorizes appropriations. Declares the improvement of water supply and distribution systems to be a legitimate Federal purpose. Title IX: Harbors - National Harbors Improvement Act of 1985 - Establishes a National Commission on Harbor Maintenance (the Commission) to report to appropriate congressional committees on the annual and long-term costs of maintaining the Nation's harbors and make recommendations for the sharing of such costs by non-Federal interests. Authorizes the establishment of a Shipping Advisory Board to aid the Commission in its work. Authorizes appropriations for FY 1986. Prohibits the Secretary from obligating more than $420,000,000 in any single fiscal year for maintaining harbors until such time as the report of the Commission is submitted to Congress (i.e., within two years of the date of enactment of this Act). Directs that non-Federal interests shall pay 50 percent of surveying, planning, designing, and engineering costs prior to the construction of any harbor. Allows non-Federal interests to undertake feasibility studies for improvements to any harbor, and submit such study to the Secretary. Provides for the review of such studies by the Secretary. Requires the Secretary, within 180 days after receiving any such study, to transmit to the Congress the results of such study together with any recommendations the Secretary may have. Directs that the non-Federal share of the cost of construction of general cargo harbors on which construction has not commenced shall be 30 percent. Directs the Secretary and the non-Federal interest to enter into a cooperative agreement prior to Federal initiation of construction. Sets forth conditions which any non-Federal interest must assume in such agreement. Authorizes any non-Federal interest to undertake navigational improvements in deep-draft harbors of the United States upon obtaining the proper permits. Authorizes the Secretary to complete and transmit to the appropriate non-Federal interest any study for improvements to deep-draft harbors of the United States. Authorizes the Secretary to complete deep-draft harbor construction projects for which construction was initiated prior to the enactment of this Act, upon certain conditions. Sets forth the responsibilities of the non-Federal interest in such projects. Declares that nothing in this title shall be construed to interfere with Federal authority to operate, maintain, or improve any harbor for military purposes or national defense requirements. Authorizes any appropriate non-Federal interest to collect fees for the use of its navigation projects for specified purposes. Authorizes the Secretary to guarantee the payment of the principal amount and interest on loans made or bonds sold to finance projects for the deepening of a draft harbor of the United States. Prohibits the total outstanding amount of such loans guaranteed in any fiscal year from exceeding $2,000,000,000. Authorizes necessary appropriations to make payments under such loan guarantee program. Requires the Secretary, upon receipt from a non-Federal interest of a notice of intent to construct improvements, to establish procedures for the joint processing of all required Federal permits for such construction. Requires the Secretary to publish in the Federal Register such intent to construct within 15 days of receipt of such intent. Requires the Secretary to enter into agreement with the Secretaries of the Interior and Commerce, the Administrator of the Environmental Protection Agency, and any other appropriate local authority to establish expedient processing of all required construction permits. Sets forth provisions to be included in such agreement. Requires, within six months of the final date of a project's compliance determination schedule, a report by the Secretary to the appropriate congressional committees. Requires notification of non-Federal interests as to whether permits will be issued. Requires the Secretary, on or before March 1, 1987, to prepare and transmit to Congress a report, together with recommendations, on the amount of time required to issue Federal environmental permits related to construction of harbor improvements. Adopts and authorizes the following works of improvement to general cargo harbors: (1) Kodiak Harbor, Alaska; (2) Oakland Outer Harbor, California; (3) Richmond Harbor, California; (4) Sacramento River, Deepwater Ship Channel, California; (5) New Haven Harbor, Connecticut; (6) Jacksonville Harbor, Mill Cove, Florida; (7) Manatee Harbor, Florida; (8) Tampa Harbor, East Bay Channel, Florida; (9) Savannah Harbor, Widening, Georgia; (10) Grand Haven Harbor, Michigan; (11) Monroe Harbor, Michigan; (12) Gulfport Harbor, Mississippi; (13) Wilmington Harbor, Northeast Cape Fear River, North Carolina; (14) Portsmouth Harbor and the Piscataqua River Basin, Maine and New Hampshire; (15) Gowanus Creek, Channel, New York; (16) Kill Van Kull and Newark Bay Channels, New York and New Jersey; (17) San Juan Harbor, Puerto Rico; (18) Charleston Harbor, South Carolina; (19) Brazos Island Harbor, Texas, Brownsville Channel; (20) Crown Bay Channel-Saint Thomas Harbor, Virgin Islands; (21) Blair and Sitcum Waterways, Tacoma Harbor, Washington, (22) Grays Harbor, Washington; (23) Hampton Roads and vicinity, Virginia; (24) Barnegat Inlet, New Jersey; (25) Saint Paul Island Harbor, Alaska; and (26) Duluth-Superior Harbor, Minnesota and Wisconsin. Authorizes the following works for improvement of deep-draft harbors, if the non-Federal interest possesses specified necessary legal and financial capabilities: (1) Norfolk Harbor and Channels, Virginia; (2) Mobile Harbor, Alabama; and (3) Mississippi River Ship Channel, Gulf to Baton Rouge, Louisiana.

Bill· SS. 277 (99th)open

Indian Health Care Amendments of 1985

United States · United States Congress · 24 January 1985

Indian Health Care Amendments of 1985 - Title I: Indian Health Manpower - Amends the Indian Health Care Improvement Act to authorize appropriations for specified Indian health programs for FY 1986 through 1989, including scholarship programs. Prohibits the Secretary of Health and Human Services (the Secretary) from denying scholarship assistance solely on the basis of an applicant's scholastic achievement if such applicant has been admitted to, or maintained good standing at, an accredited health professions institution. Directs the Secretary to grant Indian Health Scholarships to Indians enrolled full-time in certain schools for health professionals. States that the active duty service requirements of the Public Health Service can be met by specified services, including: (1) service under a contract pursuant to the Indian Self-Determination and Education Assistance Act; and (2) the private practice of a health professional if such practice is in a health professional shortage area and addresses the health care needs of a substantial number of Indians. Directs the Secretary to maintain a Community Health Representative Program to provide for the training and the use of Indians as health paraprofessionals to Indian communities. Title II: Health Services - Enumerates the health services for which the Secretary is authorized to expend Indian Health Care Improvement Fund appropriations. Prohibits the use of such funds to offset or limit appropriations made under other Acts. Conditions the allocation of such funds upon the health resource deficiency level of the affected Indian tribes. Permits the allocation of such funds on a service unit basis. Requires the Secretary to submit to the Congress a current health services priority system report, including the methodology for determining tribal health resources deficiencies, and the funds needed to raise all tribes to a zero level deficiency. Directs the Secretary to establish a review mechanism for tribal petitions regarding the health resource deficiency level of a tribe. Requires the Secretary to provide a current update of tribal specific health plans. Requires at least one percent of the Indian Health Care Improvement Fund appropriation to be expended for research. Makes programs administered by tribal organizations under the Indian Self-Determination and Education Assistance Act eligible for specified funds on an equal basis with programs administered directly by the Indian Health Service. Directs the President to include with the submission of the budget a separate statement which specifies the amounts obligated to implement enumerated health services. Authorizes appropriations for FY 1986 through 1989 for specified health services. Designates such appropriations the Indian Health Care Improvement Fund. Establishes an Indian Catastrophic Health Emergency Fund to meet extraordinary medical costs for victims of disasters or catastrophic illness. Authorizes appropriations. Authorizes the Secretary to waive the competitive procurement requirements for health services upon certification by the responsible Chief Medical Officer that such requirements would compromise the quality of health services. Requires the Secretary to provide health promotion and disease prevention services to Indians. Requires each Indian tribe to include within any tribal specific health plan that such tribe is required to submit to the Secretary a comprehensive plan developed by such tribe for health promotion and disease prevention among its members. Title III: Health Facilities - Requires the Secretary to submit to the Congress a health facilities priority system report regarding the construction or renovation needs of the ten top priority inpatient and ambulatory care facilities. Requires the Secretary to consult with any Indian tribe that might be affected by an expenditure for health facilities before the Secretary makes a commitment for such an expenditure. Conditions the closure of any health care facility upon the Secretary's submission to the Congress of an impact assessment one year prior to the contemplated closing. Enumerates the data to be included in such assessment. Directs the President to include with the budgets submitted for FY 1986 through 1989 planning information documents for the construction of ten Indian health facilities. Directs the Secretary to implement a ten-year plan to provide safe water and sanitary sewage and solid waste disposal facilities to Indian homes and communities. Requires the Secretary to report to the Congress regarding the Indian Health Service's current Indian sanitation facility priority system and the funds needed to raise all communities or tribes to a zero level of deficiency. Authorizes specified appropriations to provide sanitation facilities. Authorizes the Secretary to provide financial and technical assistance for the operation and maintenance of sanitation facilities, utility organizations, and emergency repairs of sanitation facilities. Authorizes appropriations for FY 1986 through 1989. Authorizes tribes to expend certain non-Indian Health Service funds for the renovation of Indian health facilities, subject to specified conditions. Title IV: Access to Health Services - Extends the authorization for specified appropriations for grants and contracts with tribal organizations from FY 1986 through 1989. Amends the Social Security Act to make certain providers of the Indian Health Service eligible for Medicare and Medicaid payments. Directs the Secretary to ensure that each service unit of the Indian Health Service receives at least half of the amounts to which its facilities are entitled, if such amounts are necessary to bring the facilities into compliance with this Act. Directs the Secretary to establish a demonstration project in which certain Indian (and Alaska Native) health organizations which provide health care services shall bill for Medicare and Medicaid payments directly. Requires the Secretary to monitor such organizations and to require quarterly reports on their operations. Sets forth eligibility and participation guidelines for such health service facilities. Requires a final report to the Congress by September 30, 1989. Directs the Secretary to conduct a study in consultation with Indian tribes regarding barriers to Indian participation in Medicare or Medicaid programs. Requires the Secretary to report to the Congress regarding such study. Title V: Urban Indian Health Services - Directs the Secretary to contract with urban Indian organizations to administer health services programs in urban areas. Sets forth specified requirements to be included in such contracts. Details eligibility criteria for the selection of such organizations. Authorizes the Secretary to enter into contracts with urban Indian organizations to determine the health status and unmet health care needs of urban Indians in affected urban areas. Delineates the requirements of such contracts. Requires the Secretary to: (1) develop evaluation procedures for the performance of such contracts; and (2) conduct annual onsite evaluations of each contracting urban Indian organization. Prescribes guidelines for the renewal of health care or referral services contracts. Prohibits renewal of contracts for determination of unmet health needs if their performance has been non-compliant or otherwise unsatisfactory and problems cannot be resolved. Requires certain reports to the Congress. Title VI: Organizational Improvements - Requires the Secretary to establish an automated management information system for the Indian Health Service. Establishes the Indian Health Service within the Public Health Service of the Department of Health and Human Services (thus terminating the Indian Health Service as part of the Health Resources and Services Administration). Places the Indian Health Service under the direction of a Director of the Indian Health Service who shall report only to the Secretary through the Assistant Secretary of Health and Human Services for Health. Directs the Secretary to implement through the Director all health programs and authorities which are provided specifically for Indians. Directs the Secretary to submit to the Congress a plan for the implementation of the amendments made by this section. Title VII: Miscellaneous - Authorizes the Secretary to enter into legal agreements with Indian tribes or tribal organizations in order to provide compensation for facility space costs associated with the administration and delivery of health services by the Indian Health Service or tribally operated programs. Directs the Secretary to coordinate efforts with the Secretary of the Interior and the Secretary of Education to develop programs to combat alcohol and drug abuse among Indian juveniles, including preventive education programs in schools operated by or under the Bureau of Indian Affairs. Directs the Secretary to establish an Office of Alcohol and Drug Abuse within the Indian Health Service. Authorizes appropriations for FY 1986 through 1989. Directs the Secretary to arrange with the National Academy of Sciences, in consultation with the Office of Technology Assessment, to conduct a study of health hazards faced by Indians and Indian miners exposed to nuclear resource developments on or near Indian communities. Directs the Secretary and the Indian Health Service to develop a health care plan which addresses the results of such study. Directs the Secretary to submit to the Congress both the health hazard study and the ensuing health care plan, within certain times. Authorizes appropriations for such study. Extends from FY 1984 to 1989 the time during which Arizona is designated as a contract health service delivery area. Authorizes appropriations. Extends eligibility for health services of specified Indians in the State of California from FY 1984 through 1988. Establishes eligibility guidelines for certain California Indian and for certain persons who are otherwise ineligible for medical benefits provided by either the Indian Health Service or by tribes contracting with the Service. Designates the State of California as a contract health service delivery area. Lists programs eligible for Indian Health Service funds. Restricts circumstances under which the Secretary may remove a member of the National Health Service Corps who is performing obligated service in a health facility operated by or under the Indian Health Service. Sets a deadline by which the Secretary must develop and implement a plan to reduce Indian infant and maternal mortality rates to that of the general population. Requires the Secretary to: (1) complete within one year implementation of a program to prevent and control hepatitis-B in Alaska; (2) report to the Congress about the status of such program; and (3) request budget authority for a hepatitis-B control program in Alaska. Directs the Secretary to provide contract health services to the Turtle Mountain Band of Chippewa Indians who reside in the Trenton Service Area of specified counties in the States of North Dakota and Montana. Directs the Secretary to conduct a population survey of Indians residing in such Service Area in order to determine the basis for distributing equity health care funds and providing contract health care. Provides for the designation of additional counties in the Trenton Service area based upon the population survey results. Directs the Secretary to conduct a study of the physical and mental health care needs of Native Hawaiians and other Native American Pacific Islanders, and to report the results of such study to the Congress by a certain time.

Bill· SS. 260 (99th)open

A bill to amend the Internal Revenue Code of 1954 to provide that the substantiation requirements of section 274(d) of such Code may be met, in the case of passenger automobiles and other transportation property, if the taxpayer provides substantial evidence other than contemporaneous records.

United States · United States Congress · 22 January 1985

Amends the Internal Revenue Code to provide that the substantiation requirements for the deductibility of business expenses for passenger automobiles or other means of transportation shall be met by providing adequate records or sufficient corroborating evidence rather than contemporaneous records.

Law· SS. 140 (99th)enacted

Children's Justice and Assistance Act of 1986

United States · United States Congress · 3 January 1985

Children's Justice Act - Amends the Child Abuse Amendments of 1984 to authorize a Children's Justice Grant Program. Authorizes the Secretary of Health and Human Services to make additional grants to States under specified provisions of the Child Abuse Prevention and Treatment Act for identification, treatment, and prevention of sexual abuse. Makes a State eligible for such assistance if the Secretary determines that the State, within one year after the enactment of this Act, has enacted specified legal and administrative changes with respect to the investigation and prosecution of child sexual abuse cases. Requires a State, to be eligible for such assistance, to have in effect a child sexual abuse program which includes at least one statute or administrative procedure to carry out the following categories of reforms: (1) handling such cases so as to reduce the trauma to the child victim; (2) improving the chances of successful prosecution or legal action against child molesters; and (3) improving procedures to protect children from sexual abuse. Directs the Secretary to issue necessary regulations for such assistance program. Authorizes appropriations for FY 1986 and 1987.

Law· SS. 49 (99th)enacted

Firearms Owners' Protection Act

United States · United States Congress · 3 January 1985

Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition "engaged in the business" with respect to manufacturer, dealers, and importers. Defines as a manufacturer, dealer, or importer of firearms a person who manufactures or deals in a regular course of trade or business with the principal objective of livelihood and profit. Defines "with the principal objective of livelihood and profit" to mean that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Permits the interstate sale of handguns where the sale complies with the law of the licensee's State and the State of the purchaser's residence. Presumes the licensee to have actual knowledge of the published laws of the States. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the armed forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Declares that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements in specific circumstances. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee, where such individual is not convicted of such charges. Allows the Government to voluntarily dismiss criminal charges prior to trial and still proceed with revocation. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has reasonable cause to believe that a violation has occurred and that evidence may be found on the premises. Requires a warrant to be issued for such search. Provides exceptions to such warrant requirement. Requires licensed collectors to maintain records of the receipt, sale, or other disposition of firearms. Requires records maintained by a licensee who has discontinued business to be delivered to the Archivist of the United States and the Secretary of the Treasury and to be disposed of after 20 years. Sets forth information-gathering procedures for tracing firearms and prohibits criminal charges based solely on information provided under those procedures. Prohibits records from being kept at a centralized location or entered in a computer for storage or retrieval. Permits licensed importers, manufacturers, and dealers to conduct business at temporary locations other than the one specified on a license (for example, gun shows). Establishes either a "knowing" (scienter) or a "willful" requirement with respect to general violations of the Act. Imposes additional penalties for the use of a firearm during the commission of a Federal crime of violence and for carrying a firearm in furtherance of a Federal crime of violence. Increases the penalties for the criminal misuse of firearms by making such penalties mandatory and at higher fine levels or longer prison terms than current law requires. Extends to first offenders the requirement, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Prohibits the granting of parole to first and subsequent offenders. Declares that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was a nonfelonious attempt to protect persons or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in a knowing violation of the Gun Control Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires, instead of permits, the Secretary to grant release, unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Imposes on the applicant the burden of proof. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Increases the number of types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Declares any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, dishonorably discharged veterans, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).

Bill· SS. 86 (99th)referred

Sex Discrimination in the United States Code Reform Act of 1985

United States · United States Congress · 3 January 1985

Sex Discrimination in the United States Code Reform Act of 1985 - Title I: Armed Forces, Soldiers' Home, Coast Guard, Lighthouse Service, and Merchant Marine - Amends Federal laws dealing with the Army, the Navy, the Air Force, and the Coast Guard to eliminate gender-based distinctions. Title II: Elimination of Gender-Based Distinctions Under the Social Security Act and the Railroad Retirement Act - Eliminates gender-based distinctions in the social security and railroad retirement programs. Title III: Amendments to United States Code - Amends the Immigration and Nationality Act, the Walsh-Healey Act, the Child Nutrition Act of 1966, the Federal criminal code and other Acts (dealing with Indian affairs, transportation, public lands, Saint Elizabeths Hospital, contract law, the U.S. Coast Guard, the National Oceanic and Atmospheric Administration, longshoremen and harbor workers, conservation programs, internee benefits, and the spouses of former Presidents, among other subjects) to eliminate gender-based distinctions. Title IV: Effective Date - Sets forth the effective date for the provisions of this Act.

Bill· SS. 43 (99th)open

A bill to provide that each item of any general or special appropriation bill and any bill or joint resolution making supplemental, deficiency, or continuing appropriations that is agreed to by both Houses of the Congress in the same form shall be enrolled as a separate bill or joint resolution for presentation to the President.

United States · United States Congress · 3 January 1985

Provides that each item of any general or special appropriation bill and any bill or joint resolution making supplemental, deficiency, or continuing appropriations that is agreed to in the same form by both Houses of the Congress shall be enrolled as a separate bill or joint resolution for presentation to the President (line-item veto).

Bill· SS. 55 (99th)referred

Ocean and Coastal Resources Management and Development Block Grant Act

United States · United States Congress · 3 January 1985

Ocean and Coastal Resources Management and Development Block Grant Act - Establishes within the Treasury an Ocean and Coastal Resources Management and Development Fund. Limits the total amount payable into the Fund during any fiscal year. Directs the Secretary of Commerce to provide national ocean and coastal resources management and development block grants to each State. Requires States to report grant allocation and project information and provide opportunity for public comment before receiving such grants. Prohibits a State from receiving such a grant until it has established a trust fund for the grant. Sets forth a grant allocation formula based on: (1) actual and future outer continental shelf lease sales, including oil and gas; (2) coastal related energy activities; (3) shoreline mileage; and (4) coastal population. Establishes a minimum grant of 1.62 percent of authorized funds for coastal States having approved coastal management programs. Specifies activities authorized by the Coastal Zone Management Act of 1972 (and coastal energy impact program) and living marine and natural resource management projects as the only eligible uses of block grants. Requires each State receiving a block grant to take means to coordinate and allocate grant funds with their respective local governments. Directs the Secretary to establish a National Coastal Resources Research and Development Institute to carry out educational and demonstration projects toward the development of ocean and coastal resources, including Arctic resources. Requires the Secretary to conduct an ongoing evaluation of the activities of the Institute. Requires the Institute to report to the Secretary within two years after enactment of this Act. Authorizes appropriations, beginning with FY 1986. Requires each State receiving such grant to submit a financial audit of its grant trust fund. Requires the Secretary to evaluate such audits and take appropriate action, if necessary.

Bill· SJRESS.J.Res. 13 (99th)open

A joint resolution proposing an amendment to the Constitution relating to a Federal balanced budget and tax limitation.

United States · United States Congress · 3 January 1985

Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits the Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Requires the President and the Congress to ensure that actual outlays do not exceed the outlays set forth in such statement. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless the Congress passes a bill directed solely to approving specific additional receipts by a three-fifths vote and such bill has become has become law. Requires the President, prior to each fiscal year, to transmit to the Congress a proposed statement of receipts and outlays for that year consistent with the provisions of this article. Permits the Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.

Resolution· SRESS.Res. 34 (99th)referred

A resolution condemning the government of the Union of Soviet Socialist Republics for five years of forced and oppressive military occupation of Afghanistan in the face of popular resistance to Soviet imperialism.

United States · United States Congress · 3 January 1985

States that the Senate condemns the Soviet Union's military terrorism and attempted destruction of Afghanistan. Recommends that the President provide medical, military, and food assistance to the Afghan Freedom Fighters.

Bill· SJRESS.J.Res. 351 (98th)referred

A joint resolution designating the week beginning February 17, 1985, as a time to recognize volunteers who give their time to become Big Brothers and Big Sisters to youth in need of adult companionship.

United States · United States Congress · 10 September 1984

Designates the week beginning February 17, 1985, as a time to recognize the contributions of volunteers who give their time to become Big Brothers and Big Sisters to youths in need of adult companionship.

Bill· SS. 2930 (98th)open

A bill to repeal the changes made by the Tax Reform Act of 1984 with respect to the tax treatment of debt instruments issued for property.

United States · United States Congress · 9 August 1984

Amends the Internal Revenue Code to repeal rules relating to the determination of the issue price of certain debt instruments issued for property. Amends the Tax Reform Act of 1984 to repeal the revisions made to rules for the imputation of interest on certain deferred payments. Provides that the Internal Revenue Code shall be applied and administered as if such revisions had not been enacted.

Bill· SS. 2944 (98th)referred

A bill for the relief of Frederick Paul, of Seattle, Washington.

United States · United States Congress · 9 August 1984

Directs the Secretary of the Treasury to pay a sum to be determined to a named individual in full satisfaction of all claims against the United States arising from legal services performed by such individual on behalf of Arctic Slope Eskimos and other Alaska Natives in connection with the Alaska Native Claims Settlement Act of 1971.

Resolution· SRESS.Res. 431 (98th)open

A resolution relating to Canadian pork imports.

United States · United States Congress · 9 August 1984

Expresses the sense of the Senate that the President should direct appropriate members of the Administration to: (1) pursue discussions with Canada directed toward resolving problems relating to U.S. imports of Canadian pork; and (2) use all available authorities to protect the economic viability of the U.S. pork industry and to promote free and fair trade.

Bill· SS. 2914 (98th)open

Enterprise Zone Act of 1984

United States · United States Congress · 8 August 1984

Enterprise Zone Act of 1984 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Provides that State and local governments shall nominate areas for such designation. Limits the total number of designated areas to 75 (25 per year over a three-year period). Requires that at least one-third of such area be in rural areas. Limits the period during which such designations shall remain in effect. Provides that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (within a population of at least 50,000) or 1,000 otherwise, or it is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on December 31, 1988, or three years after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate enterprise zones. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Exempts enterprise zones from certain requirements relating to Federal environmental policy. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $9,000 in wages per year). Phases out such credit in the last three years of the enterprise zone designation. Requires every employer to furnish to each qualified enterprise zone employee a written statement showing the amount of qualified wages paid. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Phases out such credit in the last three years of the enterprise zone designation. Subtitle C: Reduction in Capital Gains Tax - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle E: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act), governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable, foreign-trade zones should be established within enterprise zones.

Bill· SS. 2894 (98th)open

A bill to amend the Internal Revenue Code of 1954 to clarify the application of the imputed interest and interest accrual rules in the case of sales of residences, farms, and real property used in a trade or business.

United States · United States Congress · 31 July 1984

Amends the Internal Revenue Code to reduce the rate of imputed interest for: (1) the first $250,000 of the sale price of residential property sold by an individual; (2) the first $1,500,000 of the sale price of farm property sold by an individual, partnership, estate or small business corporation; and (3) the first $500,000 of the sale price of real property associated with the sale of a trade or business.