United States · United States Congress · 28 March 1985
Amends the national cemeteries and memorials provisions of Federal law to require that each grave marker in a national cemetery be upright unless the deceased or the deceased's survivor requests a flat marker. Directs the Administrator of Veterans Affairs to designate within each national cemetery a section with flat markers and a section with upright markers.
United States · United States Congress · 28 March 1985
Farm Emergency Credit Act of 1985 - Amends the Agricultural Act of 1949 to direct the Secretary of Agriculture to make advance (recourse) price support loans available for 1985 to producers unable to secure sufficient credit elsewhere. Makes up to one-third of such crop eligible for advance payments. Permits loan conversion to nonrecourse status upon harvest and availability as loan collateral. Administers such program through the Commodity Credit Corporation and the local farmer committees. Requires a participating producer to: (1) obtain crop insurance if available; and (2) use his crop as loan collateral. Limits loans to any single person to $30,000. Directs the Secretary to take immediate steps to make personnel and other Department of Agriculture resources available to improve the administration of such program.
United States · United States Congress · 28 March 1985
Family Care Act of 1985 - Amends the Internal Revenue Code to allow a refundable income tax credit for expenses incurred for qualified elderly care expenses for a qualifying family member. Allows an income tax credit of 30 percent of the expenses incurred for taxpayers with incomes of $10,000 or less. Reduces the rate of such credit, but not below 20 percent, by one percent for each $2,000 of taxpayer income in excess of $10,000. Limits such credit to taxpayers with an adjusted gross income of less than $50,000. Imposes a maximum $7,000 limit on the amount of elderly care expenses taken into account. Defines "qualified family member" as any individual who: (1) is related to the taxpayer by blood or marriage; (2) is at least 75 years of age (or diagnosed with senile dementia of the Alzheimer type); and (3) has a family income of $15,000 or less. Defines "qualified elderly care expenses" as payments for: (1) home health agency services; (2) homemaker services; (3) adult day care; (4) respite care; or (5) certain health care equipment and supplies.
United States · United States Congress · 28 March 1985
Authorizes the President, on behalf of the Congress, to present a gold medal to Jan C. Scruggs, founder and president of the Vietnam Veterans Memorial Fund, in recognition of his work on behalf of veterans who served in Vietnam. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 28 March 1985
Expresses the sense of the Senate that the President should: (1) be commended for his efforts to negotiate a multilateral agreement banning chemical weapons; (2) continue to pursue such an agreement; and (3) seek the continuation and the development of bilateral discussions between the United States and the Soviet Union to achieve a verifiable ban on chemical weapons.
United States · United States Congress · 20 March 1985
Agricultural Trade Amendment Act of 1985 - Amends the Commodity Credit Corporation Act to provide that agricultural exports, except for those under the Agricultural Trade Development and Assistance Act of 1954 (P.L. 480), shall not be subject to cargo preference requirements.
United States · United States Congress · 20 March 1985
Designates March 21, 1985, as Afghanistan Day. Condemns the Soviet Union for the attempted subjugation of Afghanistan. Calls upon the Soviet Union to commit itself to a negotiated political settlement for Afghanistan.
United States · United States Congress · 20 March 1985
Directs that funds be made available from appropriations under the Department of Labor, Health and Human Services, and Education and Related Agencies Appropriations Act, 1985 to enable the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration to award 7,083 new competitive research grants in FY 1985.
United States · United States Congress · 18 March 1985
Prohibits the importation of: (1) beef or veal, lamb, skins bearing wool, wool, and uranium ore from Australia; and (2) lamb, skins bearing wool, and wool from New Zealand.
United States · United States Congress · 18 March 1985
Expresses the sense of the Senate that the Secretary of Education should review the financial aid formulas for students in postsecondary educational institutions under title IV (Student Assistance) of the Higher Education Act of 1965 with special attention to devising a more equitable formula for farm families.
United States · United States Congress · 6 March 1985
Expresses the sense of the Senate that countervailing duties ought to be imposed on Canadian pork imports until Canada stops subsidizing pork production.
United States · United States Congress · 5 March 1985
Declares that the Commissioner of Social Security and the Secretary of Health and Human Services should immediately study and report to the Congress on ways to change the benefit disparity caused by the 1977 changes in the social security benefit formula.
United States · United States Congress · 28 February 1985
Employee Educational Assistance Act of 1985 - Amends the Internal Revenue Code to extend indefinitely the income tax exclusion for employee educational assistance programs. (Present law terminates such exclusion as of December 31, 1985.) Limits the maximum amount of such exclusion (beginning in 1986) to $5,000 of amounts paid or expenses incurred for educational assistance furnished to an employee during a calendar year. Exempts graduate students engaged in teaching or research activities from such maximum limit. Provides for annual cost-of-living adjustments in such maximum limit beginning in 1987.
United States · United States Congress · 27 February 1985
Bipartisan Commission on Congressional Campaign Financing Act - Establishes the Bipartisan Commission on Congressional Campaign Financing to consider and study laws, regulations, and public commentary relating to the financing of congressional elections. Requires such study to give particular attention to the extent to which current campaign financing practices undermine public confidence in the Government. Requires the Commission to consider the following changes in the present system of campaign financing: (1) increasing or decreasing allowable contributions; (2) increasing the income tax credit for campaign contributions; (3) initiating a plan of public financing; (4) making available free or subsidized broadcasting time; or (5) examining the role of independent expenditures. Directs the Commission to make reasonable efforts to achieve the broadest bipartisan consensus in arriving at its recommendations. Requires the Commission, not later than one year after enactment of this Act, to submit to the Congress its final report. Terminates the Commission 90 days after submission of such report. Requires the Director of the Congressional Research Service of the Library of Congress and the Chairman of the Federal Election Commission, not later than two months after enactment of this Act, to transmit briefing papers to the Bipartisan Commission which catalog and synthesize pertinent reports, analyses, and recommendations. Authorizes appropriations.
United States · United States Congress · 27 February 1985
Highly Erodible Land Conservation Act of 1985 - Makes persons who cultivate crops on highly erodible land ineligible for price supports, crop insurance, and other specified agricultural loans. Provides exceptions for: (1) crops produced using approved conservation methods; and (2) certain previously cultivated land. Directs the Secretary of Agriculture to: (1) use the agricultural stabilization and conservation committees to help administer this Act; and (2) complete specified soil capability surveys.
United States · United States Congress · 27 February 1985
Expresses the sense of the Congress that: (1) the Job Corps has been a cost effective and successful program that should be continued as a separate component of the Job Training Partnership Act; (2) the commitment of the Congress to the program is reaffirmed; and (3) sufficient appropriations should be made available to maintain the youth program.
United States · United States Congress · 26 February 1985
Bulgarian Interrelation Review Act - Directs the President to conduct a review of U.S. policies with respect to Bulgaria's involvement in narcotics trafficking, arms smuggling, and terrorism. Provides that such review include the options of: (1) suspending U.S. diplomatic relations; (2) terminating U.S. bilateral agreements, including the maritime transport agreement; (3) imposing stricter controls on exports to Bulgaria; (4) requesting the United Nations Security Council to place on its agenda Bulgaria's involvement in arms trafficking, drug smuggling, and terrorist acts; and (5) submitting a request to the Secretary General of the United Nations that a review conference be convened to determine what steps should be taken to end Bulgaria's abuses of the Customs Convention on the International Transport of Goods under Cover of TIR Carnets. Directs the President to report to the Congress on the results of such review.
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.
United States · United States Congress · 26 February 1985
Expresses the sense of the Congress that: (1) the United States should request, in accordance with the Customs Convention on the International Transport of Goods under Cover of TIR Carnets, that the Secretary General of the United Nations convene a review conference to determine what steps should be taken to end Bulgaria's abuses of that Convention in facilitating the transportation of illicit narcotics, arms, and terrorists; and (2) the President should encourage other parties to the TIR Convention to use procedures provided in the Convention to end such abuses by Bulgaria.
United States · United States Congress · 25 February 1985
Maternal and Child Health Preventive Care Amendments of 1985 - Amends title XIX (Medicaid) of the Social Security Act to: (1) provide that the making available to pregnant women of any pregnancy-related services shall not require the making available of such services to any other group of Medicaid individuals, provided such services are available to all covered pregnant women; and (2) permit a State to extend the eligibility of pregnant women for 60 days following the end of a pregnancy.
United States · United States Congress · 21 February 1985
Student Loan Collection Improvement Amendments of 1985 - Title I: Guaranteed Student Loan Program - Amends the Higher Education Act of 1965 (HEA) to revise title IV, part B provisions for the Federal Insured Student Loan (FISL) program and the Guaranteed Student Loan (GSL) program. Revises FISL provisions for conditions for Federal loan insurance to grant lenders the option of requiring endorsement of the loan by a co-signer. Deletes a 15-year limitation on the period of the loan. Revises provisions for disbursement of loans to require that the funds borrowed be disbursed by check: (1) sent to the eligible institution the student attends or plans to attend, and made payable to the order of the student and such institution as copayees, with the endorsement of both parties required; or (2) in cases where the institution is not located in a State or where the loan is an auxiliary loan to a parent, sent to the borrower and made payable to the order of the borrower, with the endorsement of the borrower required, and a notice of disbursement sent by the lender or the Secretary of Education to the eligible institution. Revises GSL provisions for agreements with State and nonprofit private institutions for subsidy payments on loans insured under the student loan insurance program of such State or institution to also: (1) delete a 15-year limitation on the period of the loan; and (2) make similar revisions of the loan disbursement procedure. Requires that such agreements provide for: (1) independent financial and compliance audits of the guarantee agency, with regard to its performance under such an agreement, at least once every two years; and (2) recovery by the Secretary from the guarantee agency of amounts, plus interest, determined by such audits to be owing. Provides that, notwithstanding any provision of State law that would set an earlier deadline for filing suit, any suit for the collection of the amount due from a FISL or GSL borrower may be filed during a six-year period: (1) after the date a guarantee agency reimburses the previous holder of the loan for its loss on account of the borrower's default; and (2) after the date on which the loan is assigned to the Secretary. Provides that, notwithstanding any provision of State law to the contrary, in collecting any obligation arising from a loan made under FISL or GSL provisions, a guarantee agency which has an agreement with the Secretary shall not be subject to a defense raised by any borrower based on: (1) a claim of infancy; or (2) the action or omission of an eligible institution or lender, if such agency did not have actual notice of such defense when such agency reimbursed the previous holder of the loan for its loss. Revises provisions for payment of excess recovery to the insured to include reasonable administrative and collection costs, to the extent set forth in regulations issued by the Secretary, in the costs of the Secretary's recovery on any FISL loan. Requires, under GSL provisions (as well as under current FISL provisions), each guarantee agency (as well as the Secretary) to enter into cooperative agreements with credit bureau organizations to exchange information concerning student borrowers. Deletes FISL program requirements: (1) for notice to the borrower before certain information is disclosed; (2) for establishment of a system for prompt notification of borrowers; and (3) relating to other conditions under Federal law, for Federal agency disclosure of individual records. Provides that a guarantee agency (or a credit bureau organization) which discloses or receives such information shall not be considered a Government contractor within the meaning of specified Federal law relating to Federal agency disclosure of individual records. Authorizes the Secretary and each guarantee agency to disclose specified information concerning student borrowers to the eligible institutions such borrowers attend or previously attended. Allows, notwithstanding specified provisions of the Fair Credit Reporting Act, a consumer reporting agency to make a report containing information received from the Secretary or a guarantee agency regarding the status of a borrower's account on a loan under the FISL or GSL program for a period of up to seven years after: (1) the date on which the Secretary or the agency paid a claim to the holder on the guarantee; or (2) October 1, 1984, with regard to an account on a loan which the Secretary or the agency has paid a claim but not reported the account to a consumer reporting agency on or before such date. Provides that, notwithstanding any provision of State law to the contrary, in collecting any obligation arising from a loan made under GSL provisions, the United States shall not be subjected to a defense raised by any borrower on either a claim of infancy or the action or omission of an eligible institution or lender, if the Secretary and the Secretary's agents did not have actual notice of such defense when the Secretary reimbursed the previous holder of the loan for its loss. Authorizes the Secretary to impose a civil penalty of up to $25,000 for each of specified violations or failures to carry out student aid provisions or regulations or misrepresentations of financial charges by a lender or guarantee agency. Authorizes the Secretary to compromise such penalties. Title II: National Direct Student Loan Program - Revises HEA provisions for the National Direct Student Loan (NDSL) program. Requires NDSL agreements to provide that where a note or written agreement evidencing a loan is in default despite due diligence on the part of the institution to collect such loan: (1) if the institution has failed to maintain an acceptable collection record generally with respect to NDSL loans, the Secretary may require such institution to assign its rights under such note or agreement to the United States, without recompense; or (2) if the institution has not failed to maintain an acceptable NDSL collection record, the Secretary may allow it to assign its rights under such note or agreement to the United States, without recompense. Sets forth provisions relating to the seven-year period of reporting on the status of NDSL borrowers' accounts by consumer reporting agencies. (Such provisions are similar to those for such reporting on GSL accounts under title I of this Act.) Requires each institution to include in its information to NDSL student borrowers a description of any penalty imposed as a consequence of default (such as liability for expenses reasonably incurred in attempts by the Secretary or institutions to collect on a loan). Revises required terms of NDSL loans to grant institutions the option of requiring NDSL loans to be endorsed by a cosigner. Makes mandatory, rather than discretionary, the assessment of a charge for failure of an NDSL borrower to pay all or part of an installment when due. Requires that such charge include the expenses reasonably incurred in attempting such collection with respect to such loan. Authorizes the Secretary, in attempting to collect any defaulted NDSL loan, to use any collection means available to the United States, including referral to the Attorney General for litigation. Directs the Secretary to continue to collect any loan assigned under provisions for assignment of rights to the United States until all appropriate collection efforts, as determined by the Secretary, have been expended. Provides for a six-year statute of limitations on specified collection suits for NDSL loans, similar to that provided by the GSL amendments under title I of this Act. Title III: General Provisions - Revises general provisions for student assistance programs under HEA. Revises provisions for student eligibility for any grant, loan, or work assistance under HEA to require that a student not owe a refund on grants previously received at any institution, or be in default on any loan from a student loan fund at any institution, or a loan made, insured, or guaranteed by the Secretary for attendance at any institution. Provides for a six-year statute of limitations on specified collection suits for refunds due from a student on a grant made or work assistance awarded under HEA. Requires borrowers who have defaulted on student loans under HEA to pay reasonable collection costs, in addition to other charges specified under HEA, notwithstanding State law. Authorizes the Secretary to prescribe regulations for recovery by the Secretary from the eligible institution of amounts, plus interest, determined by specified audits to be owing. Title IV: Application Provisions - Sets forth the effective dates and applicability of specified amendments made by this Act.
United States · United States Congress · 20 February 1985
Postsecondary Continuing Education Act of 1985 - Amends the Higher Education Act of 1965 (HEA) to revise title I provisions for postsecondary continuing education. Retitles title I (currently "Continuing Postsecondary Education Program and Planning") as "Postsecondary Continuing Education." Retitles and replaces part A (currently "Commission on National Development in Postsecondary Education") with new provisions for "Postsecondary Continuing Education Innovation and Outreach Grants." Provides that such grants will assist institutions of higher education in: (1) demonstration programs for adult learners; (2) cooperative arrangements with private sector employees; and (3) outreach programs, particularly those that adapt telecommunications and other technologies to reach new or isolated adult learners. Includes among individuals whom a part A program may serve: (1) certain potential new entrants to the workforce, especially disadvantaged and minority individuals; (2) those seeking reentry to the workforce after prolonged absences, particularly women; (3) certain dislocated workers; (4) those who need counseling and remedial instruction to benefit from postsecondary education; (5) those isolated from educational resources by geographic location or impaired or restricted mobility; (6) certain employees of small- and medium-sized businesses; and (7) those in fields of special concern to the national interest, such as teaching, counseling, nursing, and library and learning center administration. Directs the Secretary of Education to carry out a part A program to assist eligible institutions of higher education to establish programs enhancing adult educational opportunities. Sets forth the following provisions relating to such part A grants: (1) competitive applications for such assistance; (2) institutional eligibility; (3) uses of such funds; (4) size and duration of such grants; (5) Federal share (from an 80 percent maximum in the first year down to a 20 percent maximum in the fifth year); and (6) cost sharing (the applicant institution may provide the non-Federal share directly or through other sources). Permits certain institutions to apply for waivers of such matching requirements. Authorizes the Secretary to carry out a part A program to assist State higher education agencies to enhance adult educational opportunities and to provide for regional or statewide adult postsecondary continuing education information and guidance services. Allows such part A grants to be used for program planning, development, and operation, which may include: (1) development and implementation of such regional or statewide services; and (2) contracting with one or more institutions of higher education or other organizations to provide such a system and services. Retitles and replaces part B (currently "Education Outreach Programs") with new provisions for "Postsecondary Continuing Education Research and Demonstration Grants." Provides that such grants will assist institutions of higher education to have the sustained capacity to: (1) undertake substantial ongoing research and demonstration activities in postsecondary education; and (2) provide leadership, advice, and technical assistance to other institutions of higher education and to public agencies and private organizations on the use and allocation of resources to serve national, regional, State, and local adult learning priorities. Authorizes the Secretary to make grants to and contracts with institutions of higher education or combinations of such institutions to carry out part B by providing assistance to such institutions. Sets forth the following provisions relating to such part B grants and contracts: (1) uses of such funds; (2) competitive applications for such assistance; (3) size and duration of grant or contract; (4) Federal share of each such grant (from an 80 percent maximum in the first year down to a 20 percent maximum in the fifth year); and (5) cost sharing (the applicant institution may provide the non-Federal share directly or through other sources). Revises provisions relating to the National Advisory Council on Continuing Education (and places such provisions under a new part C "the National Advisory Council on Continuing Education"). Provides that the Advisory Council shall elect its own Chairmen from among members who are not Federal employees. Requires the Advisory Council to meet at least four times a year (currently twice a year). Authorizes the Advisory Council to conduct studies, hearings, and other activities to: (1) identify the continuing education needs and goals of the Nation, and report on these to the President, the Congress, and the Secretary; and (2) collect, analyze, and disseminate information regarding postsecondary continuing education programs under HEA and other Federal continuing education and training programs. Revises provisions for Advisory Council annual reports. Sets forth a new part D "General Provisions" which includes a definition of "adult learner" for purposes of postsecondary continuing education programs. Authorizes appropriations for FY 1986 through 1991. Requires that a specified portion of such funds be used to carry out part B provisions. Authorizes the Secretary to reserve a specified portion of part A funds for grants to State higher education agencies.
United States · United States Congress · 20 February 1985
Prohibits ending the voluntary restraint on imports of Japanese automobiles until U.S. exports to Japan are substantially increased and the U.S. trade deficit with Japan is substantially reduced.
United States · United States Congress · 19 February 1985
Authorizes the President to award a prisoner of war medal to any member of the Army, Navy, Marines, or Air Force who has been taken prisoner and held captive by a hostile opposing armed force.
United States · United States Congress · 7 February 1985
States that the Senate congratulates the people of Cyprus on the 25th anniversary of their independence. Expresses the sense of the Senate that the United States should establish a Cooperative Development Fund for Cyprus. Limits the use of monies from the Fund to projects that benefit all the people of Cyprus and that lead to an equitable agreement to the Cyprus dispute.
United States · United States Congress · 6 February 1985
Amends the Small Business Act to authorize Small Business Administration (SBA) program levels for FY 1986 through 1988 for direct and immediate participation loans for small business plant acquisition, construction, conversion, or expansion. Makes funds available out of such authorization for direct and immediate participation loans to handicapped persons and organizations for the handicapped and Vietnam veterans. Authorizes funding for FY 1986 through 1988 for deferred participation loans and debenture guarantees for small business plant acquisition, construction, conversion, or expansion and small business development companies under the Small Business Investment Act of 1958. Makes funds available out of such authorization for deferred participation loans to: (1) handicapped persons and organizations for the handicapped; (2) small businesses either located in urban or rural areas with high unemployment and low incomes or owned by low-income individuals; (3) small businesses which design, manufacture, and distribute energy measures; and (4) guarantees of debentures with respect to State and local development companies. Authorizes funding for FY 1986 through 1988 for: (1) direct purchases and guarantees of debentures and purchases of preferred securities with respect to small business investment companies; (2) surety bond guarantees under the Small Business Investment Act of 1958; and (3) payment guarantees for the installation of pollution control facilities by small businesses. Authorizes appropriations for FY 1986 through 1988 for disaster loans to small businesses and permits the transfer of funds from the disaster loan revolving funds for the payment of SBA administrative expenses. Authorizes appropriations to the SBA for FY 1986 through 1988. Makes such funds available for: (1) direct and immediate participation loans for small business plant acquisition, construction, conversion, or expansion; (2) loans to handicapped persons and organizations for the handicapped; (3) Vietnam veterans' loans; (4) deferred participation loans and debenture guarantees for small business plant acquisition, construction, conversion, or expansion and small business development companies; (5) deferred participation loans to handicapped persons and organizations for the handicapped; (6) small businesses either located in urban or rural areas with high unemployment and low incomes or owned by low-income individuals; (7) small businesses which design, manufacture, and distribute energy measures; (8) guarantees of debentures with respect to State and local development companies; (9) direct purchases and guarantees of debentures and purchases of preferred securities with respect to small business investment companies; (10) surety bond guarantees under the Small Business Investment Act of 1958; and (11) SBA salaries and expenses. Repeals specified provisions relating to disaster loans to small businesses that are affected by Federal action.
United States · United States Congress · 6 February 1985
Amends the Communications Act of 1934 to direct the Federal Communications Commission to require that all telephones provide internal means for use with hearing aids. Requires (currently authorizes) any common carrier or connecting carrier providing telephone exchange service to provide specialized terminal equipment for persons whose hearing, speech, vision, or mobility is impaired. Requires State regulatory commissions to require any such carrier to provide such equipment at affordable rates.
United States · United States Congress · 6 February 1985
Expresses the sense of the Senate that: (1) it would be in the best interests of allied security and unity for each member country of the security treaty (ANZUS) between Australia, New Zealand, and the United States to reinstate the practice of permitting all naval ships of other member countries access to the ports of such member country; and (2) the President should continue discussions with New Zealand regarding the access of U.S. ships to its ports, explore with Australia the desirability of a bilateral security treaty, preclude New Zealand from participating in military activities with the United States until the present impasse is resolved, and exercise the right of the United States to withdraw from New Zealand the benefits of the injury test provided under the Tariff Act of 1930.
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.
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.
United States · United States Congress · 31 January 1985
Directs the Secretary of Health and Human Services to establish preventive health services demonstration programs for Medicare beneficiaries. Requires a report within three years to the appropriate congressional committees.
United States · United States Congress · 31 January 1985
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to: (1) raise the part B deductible; and (2) permit specified preventive health measures to be applied towards satisfying the deductible.
United States · United States Congress · 31 January 1985
Agricultural Stabilization and Conservation Committee Act of 1985 - Amends the Soil Conservation and Domestic Allotment Act to permit a county committee, by majority vote, to petition the Secretary of Agriculture to change the number of local areas in a county. Directs the Secretary to make such change, except that the number of such areas (from which agricultural stabilization and conservation committees are elected) shall not be fewer than existed as of of December 31, 1980. Requires with regard to such committees that: (1) all members, as of January 1, 1986, be elected to three-year terms; and (2) they meet at least four times a year. Sets forth committee duties and makes them effective as of January 1, 1986. Provides that if there is an increase in a county's local areas and local committees as a result of this Act, any member of a local committee elected before January 1, 1986, shall reserve the unexpired portion of his or her term of the committee for the area in which he or she resides. Expands the Secretary of Agriculture's authority to use local and county committees. Amends the Agricultural Adjustment Act of 1938 to require the Secretary to pay: (1) travel expenses for members of State, county, and local committees; and (2) hourly compensation for work actually performed by county members (at GS-11 rate) and by local members (at GS-9 rate).
United States · United States Congress · 31 January 1985
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to set the monthly part B premium for calendar year 1986 at $17.60. Provides nonsmokers a discount of one dollar a month.
![Official portrait of Sen. Pressler, Larry [R-SD]](https://www.congress.gov/img/member/p000513_200.jpg)