United States · United States Congress · 31 July 1985
Surface Transportation and Uniform Relocation Assistance Act of 1985 - Title I: Federal-Aid Highway Act of 1985 - Federal-Aid Highway Act of 1985 - Directs the Secretary of Transportation to: (1) apportion for FY 1987 and 1988 the sums authorized to be appropriated for such years for expenditure on the National System of Interstate and Defense Highways; (2) transmit to the Congress within ten days after January 2, 1989, a revised cost estimate for completing the Interstate System; (3) use the Federal share of congressionally approved estimates in making apportionments for FY 1991; and (4) apportion for FY 1986 and 1987 certain sums for substitute highway and urban mass transit projects. Reduces the authorized appropriations per fiscal year for highway assistance programs for FY 1986 through 1990. States that 25 percent of substitute highway project funds for FY 1987 through 1990 shall be distributed at the Secretary's discretion. Directs the Secretary to use the Federal share of certain congressionally approved substitute highway cost estimates in making apportionments for FY 1987 through 1990. Sets distribution guidelines for the apportionment of substitute transit funds for FY 1987 through 1990. Amends the Federal-Aid Highway Act of 1956 to authorize appropriations for the Interstate System through FY 1991. Sets a ceiling, with specified exceptions, for the total of all obligations for Federal-Aid Highways and highway safety construction programs for FY 1986 through 1990. Sets guidelines for redistribution by the Secretary of unused obligational authority among the States. Authorizes appropriations out of the Highway Trust Fund for FY 1986 through 1990 for: (1) the Federal-aid primary system in rural areas; (2) the Federal-aid secondary system in rural areas; (3) the Federal-aid urban system; (4) Indian reservation roads; (5) forest highways; (6) public lands highways; and (7) parkways and park highways. Requires that a minimum of ten percent of the authorized appropriations be expended with small businesses owned and controlled by socially and economically disadvantaged individuals. Revises the apportionment ratios for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System. Extends the authorization formula for Federal-aid primary systems from FY 1986 to 1990. Prohibits Federal approval of State projects on any Federal-aid system unless: (1) the State agrees to provide displaced owners with relocation assistance equal to Federal relocation assistance; (2) the displacement is authorized by State law and is in accordance with the terms of the rental agreement; and (3) the displacement is directly necessitated by such project. Requires contracts relating to State highway department construction projects upon the Federal-aid system to include a standard clause concerning site conditions which differ from those specified in the contract. Permits the use of convict labor and convict-produced materials in highway construction on Federal-aid systems: (1) if such convicts are on supervised release; or (2) if the materials are produced by convicts in a qualified prison facility, but the amount of materials produced in any 12-month period does not exceed the amount previously produced in such facility during the 12-month period ending July 1, 1985. Provides that apportioned funds not obligated within the authorized fiscal year for the Interstate System within a State shall be made available by the Secretary according to certain priorities (including high cost projects for construction of high occupancy vehicle lanes and other lanes on any highway in Los Angeles County, California, designated as part of the Interstate System). Authorizes the Secretary to make discretionary funds available to California for construction of high occupancy vehicle lanes, even if such State does not meet certain eligibility criteria. Makes funds available to Puerto Rico for construction of access and development roads on a Federal-aid system. Makes the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands eligible for emergency relief funding. Exempts tank trucks and ocean transport containers from vehicle weight and length limitations until September 1, 1988. Allows Federal participation in a State toll road which is part of the Interstate System even though the State highway department and the toll road authority have incurred an indebtedness to finance certain ineligible construction expenses for a feature recommended by a final environmental impact statement. Authorizes appropriations out of the Highway Trust Fund for FY 1986 through 1990 for highway beautification. Extends from March 9, 1984, to July 1, 1985, the deadline by which States may use certain Federal-aid highway funds for additional route designations on the Interstate System. Exempts a certain route designation in Weirton, West Virginia, from such deadline. Increases the amounts available for FY 1986 through 1990 for the discretionary bridge program. Authorizes the Secretary to approve, upon application by Arkansas, Federal assistance for construction of a highway bridge to replace ferryboat service. Limits the Federal share of such construction cost to 80 percent. Limits the amount of certain Interstate highway funds which the States may expend for purposes of transportation planning. Authorizes appropriations out of the Highway Trust Fund for Federal-aid highway purposes for FY 1986 through 1990. Directs the Secretary to establish national bridge safety inspection standards for all highway bridges. Prescribes guidelines for such standards. Directs the Secretary to establish a training program for bridge inspectors. Directs the Secretary to: (1) implement a strategic highway research program; and (2) set aside specified funds for FY 1987 through 1991 to implement such program. Changes Buy American provisions to increase from 50 percent to 85 percent the domestic content requirements for certain manufacturers of buses and other rolling stock. Makes eligible for Federal-aid highway funds the construction costs of a certain alternative interstate route in Massachusetts which provides access to an international airport. Authorizes Arkansas to use apportioned funds for the planning, design, and construction of a specified highway. Limits the amount of apportioned funds available for FY 1987 through 1989 for rehabilitation of elevated toll roads in Chicago, Illinois. Prohibits the obligation of Federal funds for: (1) route construction on the National System of Interstate and Defense Highways located mainly in a landfill placed in a river after May 1, 1985; and (2) substitute highway or transit projects which include landfill construction (exempts landfills necessary to preserve existing waterfront character and facilities). Sets guidelines for the obligation of Federal funds for alternative interstate projects. Makes certain interstate lane construction projects eligible for certain Federal-aid highway funds. Authorizes the Secretary to approve (upon the joint request of the Governor of California and the local governments concerned) a substitute transit construction project for a fixed guideway system in lieu of eligible interstate lane construction if the substitute project is in or adjacent to the proposed right-of-way for such lanes. Directs the Secretary to approve certain transfer concept plan modifications requested by the Governors of Maryland and Connecticut which include substitute highway and mass transit projects. Prescribes criteria for such approval. Exempts a certain privately-owned facility located on specified Interstate routes in Michigan from Federal prohibitions against commercial establishments on commercial rights-of-way of the Interstate System. Declares that the fair market value of any lands donated to California for the right-of-way for relocation and construction of a certain highway in Orange County shall be credited to the non-Federal share of such project costs. Authorizes the Secretary to approve construction of a certain Interstate route section in Hawaii. Releases the State of Maryland from certain road conveyance requirements under the Federal-Aid Highway Act of 1970. Authorizes appropriations for railroad-highway crossing demonstration projects for FY 1986 through 1990. Authorizes appropriations out of the Highway Trust Fund for FY 1986 for rights-of-way acquisition and railroad construction costs in the vicinity of Carbondale, Illinois. Requires the Secretary to: (1) make a grant to each State within which the Consolidated Rail Corporation operates a rail vehicle safety demonstration program over railroad-highway crossings; and (2) report to the Congress regarding such program's effectiveness in improving railroad-highway crossing safety. Authorizes appropriations for such programs for FY 1986 through 1990. Directs the Secretary to complete a gap on the Federal-aid primary system in an urban area in Passaic County, New Jersey, utilizing procedures to accelerate design and construction. Requires the Secretary to report to the Congress, not later than 180 days after the completion of such project, on its results, including specified analyses. Directs the Secretary to carry out the following demonstration projects: (1) in Brick Township, New Jersey, to demonstrate methods of improving traffic operations and reducing accidents at a high-volume rotary intersection; (2) in the vicinity of Johnstown, Pennsylvania, to demonstrate methods by which a highway construction project on the Federal-aid primary system will enhance highway safety and economic development in an area of high unemployment; (3) in the vicinity of Fort Smith, Arkansas, to demonstrate the economic growth and development benefits of widening a segment of the Federal-aid urban system connecting a community college and a large commercial center, and of improving traffic signalization on such segment; (4) in the vicinity of Moorhead, Minnesota, to demonstrate the economic and safety benefits of constructing a grade separation between a railroad line and a highway on the Federal-aid urban system; (5) in the vicinities of Fosston and Bagley, Minnesota, to demonstrate the economic and safety benefits of reconstructing two segments of a major highway on the Federal-aid primary system; (6) in Kentucky, to demonstrate methods of improving traffic flow and safety on a State highway which connects an Interstate route in the vicinity of the City of Dry Ridge with a highway on the Federal-aid primary system in the vicinity of the City of Owentown; (7) in San Bernardino County, California, in the vicinity of the Ontario International Airport, to demonstrate methods of improving highway access to an airport which is projected to incur a substantial increase in air service; (8) in Pennsylvania, to demonstrate the state of the art delineation technology by closing a gap in a multi-lane limited access road connecting the City of Altoona to the Borough of Tyrone in Blair County; (9) in Lafayette, Louisiana, to demonstrate the benefits on traffic flow and transportation of labor and materials by construction of a highway to provide limited continuous access between an Interstate route and a highway on the Federal-aid primary system; (10) in Shreveport, Louisiana, to demonstrate methods of reducing traffic congestion in the central business district, improving access to such district, providing highway continuity, and satisfying national defense requirements by connecting two Interstate routes; (11) in Miami, Florida, to demonstrate the most cost-effective method of improving interstate motor vehicle access for passengers and cargo moving to and from the port of Miami; (12) in Arkansas and Missouri, to demonstrate methods of improving highway safety and of accelerating highway construction on specified segments on the Federal-aid primary system; (13) in the vicinity of Sanford, Florida, to demonstrate methods of reducing costs and expediting construction of an interchange by contracting with a private consultant to design and construct such project; (14) in the vicinity of San Jose and Santa Clara, California, to demonstrate a unified method of reducing traffic congestion where a Federal-aid urban highway intersects with two other of such highways on a railroad crossing; (15) in the vicinity of the C&O Canal in the District of Columbia, to improve motor vehicle access at a major traffic generator without decreasing the efficiency of a Federal-aid primary highway; (16) in the vicinity of Pardee, West Virginia, to demonstrate the improvement in motor vehicle transportation of energy resources resulting from the completion of a consolidated network of modern highway; (17) in Modesto, California, to demonstrate methods by which construction of a grade separation for a railroad crossing of a primary highway enhances urban redevelopment and the effectiveness of a planned transportation center; (18) in Kalamazoo, Michigan, to demonstrate the benefits of cooperation between the private sector and the government in relieving traffic congestion caused by a railroad crossing a Federal-aid highway through construction of a highway overpass; (19) in East Milton, Massachusetts, to demonstrate the advantages of joint development and use of air rights in the construction of a deck over a depressed portion of an Interstate route; (20) in Alabama, to demonstrate methods of accelerating the widening of a high volume segment of a primary highway necessary for rapid evacuation of individuals during emergency weather conditions; (21) in the vicinity of Wilder, Kentucky, to demonstrate the economic benefits to a port facility, industrial complex, and foreign trade zone by reconstruction of a segment of an urban highway which connects an Interstate route with a port facility; (22) in Illinois, to demonstrate the safety benefits of providing additional and improved vehicular passing opportunities on, adding truck climbing lanes to, and straightening a segment of a primary highway which carries a high volume of traffic in Jo Daviess and Stephenson Counties; (23) in Allentown, Pennsylvania, to demonstrate methods of accelerating construction to eliminate a major rail-highway crossing at grade, reducing traffic delays for rail and vehicular traffic, and minimizing the impact on the surrounding urban environment; (24) in Riverside, California, to demonstrate methods of improving safety on a specified highway; (25) in Buffalo, New York, to demonstrate methods of facilitating redevelopment of a waterfront area by construction of a connector off a primary highway; (26) in Cleveland, Ohio, to demonstrate the relationship between infrastructure improvement and economic vitality; (27) in Lauderdale and Colbert Counties, Alabama, to demonstrate methods of improving highway transportation and enhancing economic development through construction of a bridge to cross the Tennessee River; (28) in the vicinity of Huron, Ohio, to demonstrate methods of enhancing highway safety and economic development in an area of high unemployment through construction of a bypass segment to provide access to an amusement park; (29) in Chicago, Illinois, to demonstrate the cost savings to be obtained by converting a fixed-span bridge to a movable bridge; (30) in Harney County, Oregon, to demonstrate methods of protecting roadways against damage and destruction due to wave erosion; (31) in Wayne County, Michigan, to demonstrate the benefits of enhancing safety and improving economic vitality of a depressed area; (32) in Cook County, Illinois, to demonstrate the benefits from specified highway reconstruction; (33) in Erie County, New York, to demonstrate methods of enhancing safety and reducing traffic congestion by relocating an interstate route terminus; (34) in the vicinity of Mount Vernon, Kentucky, to demonstrate methods of improving highway safety and traffic flow and access to a national river and recreation area; (35) in Pine City, Minnesota, to demonstrate methods of improving highway safety and traffic flow by constructing an interchange between certain highways; (36) in Paso Robles, California, to demonstrate methods of improving highway safety and traffic flow and enhancing economic development through the construction of a two-lane bridge spanning the Salinas River, a highway, and a railroad line; (37) in Columbus, Ohio, to demonstrate methods of relieving traffic congestion through reconstruction of highway portions in an interstate route connecting Columbia with its airport; (38) in Suffolk County, New York, to demonstrate construction techniques to accelerate upgrading an existing highway to freeway standards with minimum traffic disruption; (39) in the vicinity of Southington, Connecticut, to demonstrate the latest construction techniques in reconstructing a segment of urban highway, and in the vicinity of Kent Center, to demonstrate methods of solving safety and flooding problems on a primary highway; (40) in Dover, New Jersey, to demonstrate traffic congestion reduction methods on an existing bridge and facilitating the redevelopment of the central business district; (41) in Los Angeles County, California, to demonstrate methods of improving vehicular circulation related to intermodal transportation or port-related traffic and alleviating congestion caused by increased port activities; (42) in the vicinity of the Greater Pittsburgh International Airport to demonstrate methods of improving economic development and airport terminal placement; (43) in Steuben County, New York, to demonstrate how the economy of an industrialized high unemployment area can be improved by completing key elements of a controlled highway which serves such area; (44) in Santa Rosa and Petaluma, California, to demonstrate how traffic congestion can be relieved by reconstructing a certain arterial which connects the two cities; (45) in the vicinity of Tampa, Florida, to demonstrate motor vehicle congestion relief measures and improve motor vehicle access between rapidly growing urban areas; (46) in Savannah, Georgia, to demonstrate how replacing an obsolete bridge with a modern highway-level structure will improve vehicular and waterborne traffic flow; (47) in New Sewickly, Pennsylvania, to demonstrate methods of accommodating increasing truck traffic and improving highway safety; (48) in the vicinity of Croyle Township, Pennsylvania, to demonstrate methods of improving public access to a flood memorial; (49) in Orange, Texas, to demonstrate how rail line consolidation will reduce motor vehicle traffic congestion and increase jobs in a high unemployment area; (50) in Baton Rouge and East Baton Rouge, Louisiana, to demonstrate traffic congestion alleviation methods; (51) in Minden, Louisiana, to demonstrate enhanced economic development by providing Minden with alternative highway access to the Interstate System; (52) in the area of Brunswick-Topsham, Maine, to demonstrate increased access to defense related facilities by the construction of a limited access highway connecting a major interstate highway corridor with a naval air station and a shipyard engaged in defense production activities; (53) in Isle of Palms, South Carolina, to demonstrate increased accessibility to a sea island by construction of a high-level fixed span bridge over a high-volume intracoastal waterway segment; (54) in Clarksville, Tennessee, to demonstrate highway safety improvement methods by providing direct access from the Fort Campbell Military Reservation; (55) between Clarinda and Shenandoah, Iowa, to demonstrate how highway rehabilitation in an economically depressed rural area will increase economic activity; (56) in the vicinity of Oceanside and Escondido, California, to demonstrate methods of reducing traffic congestion by expanding an interstate route connection; (57) in St. Charles County, Missouri, to demonstrate methods of alleviating commuter traffic congestion by construction of a bypass highway; (58) in Hammond, Indiana, to relocate railroad lines in order to eliminate railroad-highway grade crossings; (59) in Shawnee, Oklahoma, to demonstrate small community air service improvement by extending a runway over a depressed road; (60) between Concord and West Pittsburg, California, to demonstrate improved highway safety through highway modification; (61) in Georgia, to demonstrate improved highway safety by reconstructing as a six-lane controlled access freeway a certain highway segment between a specified State route and Interstate routes; (62) in Pike County, Kentucky, to demonstrate highway safety improvement in a mountainous area; (63) in Madison County, Illinois, to demonstrate the economic benefits of reconstructing a road segment serving a high-growth industrial area; and (64) in Erwin, Tennessee, to extend a certain highway on the Appalachian development system for transportation improvement purposes. Directs the Secretary to submit status reports to the Congress regarding the highway demonstration projects. Authorizes appropriations for such demonstration projects for FY 1986 through 1990. Authorizes the Secretary to implement highway projects on the Federal-aid system in Wheeling, West Virginia, at full Federal expense, upon the request of local officials. Authorizes appropriations for such projects from sums appropriated to implement a certain railroad-highway demonstration project. Amends the Federal-Aid Highway Act of 1978 to direct the Secretary to implement specified state-of-the-art bridge construction technology projects in Ohio. Requires the Secretary to report to the Congress regarding such projects. Authorizes the Secretary to prepare an environmental impact statement regarding additional highway capacity in Staten Island, New York. Authorizes appropriations. Designates a certain portion of an Oklahoma State Route which lies on the Federal-aid primary system as United States Highway 377. Designates a certain bridge crossing the Mississippi River near Le Claire, Iowa, as the Fred Schwengel Bridge. Directs the Secretary to conduct feasibility studies and report to the Congress regarding: (1) highway expenditures, revenues and relative needs; (2) highway apportionment and allocation formulas; (3) enforcement of vehicle weight limitation on bridges; (4) highway bridges which cross rail lines; (5) improvement of the Theodore Roosevelt Bridge connecting the District of Columbia and Virginia; (6) flood prevention methods on an Interstate route between Galveston and Houston, Texas; (7) constructing a highway between Aurora-Hoyt Lakes and Silver Bay, Minnesota; (8) the cost-effectiveness of upgrading a certain highway between Pennsylvania and New York State; (9) State bridge management programs; (10) establishing minimum Federal guidelines for maintenance of the Federal-aid primary, secondary and urban systems; (11) a proposed highway from Shreveport, Louisiana, to Texarkana, Fort Smith, and Fayetteville, Arkansas, and Carthage and Kansas City, Missouri; (12) a highway connecting Santa Fe, New Mexico, and the Los Alamos National Laboratory. Authorizes appropriations. Requires the Secretary to make a grant to the California Department of Transportation to determine the feasibility of using a highway electrification system as an energy source for highway vehicles. Authorizes appropriations. Title II: Highway Safety Act of 1985 - Highway Safety Act of 1985 - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1986-1990 for the following programs: (1) bridge replacement and rehabilitation; (2) hazard elimination; (3) highway safety research and development under the auspices of the National Highway Traffic Safety Administration and the Federal Highway Administration. Authorizes appropriations for highway safety programs for: (1) FY 1988 through 1990 implemented by the National Highway Traffic Safety Administration (NHTSA); and (2) FY 1987-1990 implemented by the Federal Highway Administration (FHWA). Amends the Surface Transportation Assistance Act of 1982 to authorize appropriations for FY 1987 for highway safety programs implemented by the NHTSA. Sets forth minimum amount of authorized funds which must be obligated for enforcement of the national speed limit and for safety belt programs. Sets an obligation ceiling for highway safety programs for FY 1986 through 1990. Amends the Surface Transportation Assistance Act of 1982 to authorize appropriations for FY 1984 through 1990 to make grants to the States for enforcement of commercial motor vehicle safety standards. Sets forth a weighted compliance formula to be used by the Secretary in determining a State's apportionment of Federal-aid highway funds based upon State enforcement of the national speed limit. Amends the penalty for a State's non-compliance with the national minimum drinking age laws to require the Secretary to withhold certain apportioned amounts from such State on the first of each fiscal year after the second fiscal year beginning after September 30, 1985, in which purchase or public possession of alcoholic beverages by a person under 21 years of age is lawful. Sets forth guidelines under which withheld funds shall be available subject to State compliance. Revises the State eligibility criteria under which the States may receive alcohol traffic safety program grants. Declares that State reports regarding certain hazard elimination programs and rail-highway crossings are inadmissible evidence in any action for damages arising out of matters referred to in such reports. Revises the definition of "highway safety improvement project" to include a project which installs emergency motorist-aid call boxes. Amends the Highway Safety Act of 1973 to authorize appropriations for FY 1985 through 1990. Amends the National Driver Register Act of 1982 to extend the deadline by which the Secretary is required to: (1) promulgate final rules regarding establishment of the National Driver Register; and (2) begin a pilot test program for an electronic information retrieval system regarding individual motor vehicle driving records; and (3) report to the Congress regarding the Register. Amends the Highway Safety Act of 1978 to prohibit the obligation of certain authorized funds for any education or information program conducted in connection with the implementation of Federal Motor Vehicle Safety Standard 208. Directs the Secretary to conduct a comprehensive investigation of railroad-highway crossing needs (in consultation with specified groups) and to report to the Congress regarding such investigation. Directs the Secretary to: (1) arrange with the National Academy of Sciences to conduct a study of problems facing older drivers; and (2) request the Academy to report to the Secretary and the Congress regarding such study. Title III: Federal Mass Transportation Act of 1985 - Federal Mass Transportation Act of 1985 - Amends the Urban Mass Transportation Act of 1964 to replace the letters of intent procedure with provisions which authorize the Secretary to enter into multi-year contracts for the construction of mass transportation facilities. Requires the Secretary, starting January 1986, to annually submit to the appropriate congressional committees: (1) a proposal on the total amount of funding needed to finance grants and loans for bus and bus-related activities, rail modernization, and the construction and extension of fixed guideway systems; and (2) a proposal on the allocation of such funds to finance grants and loans for rail modernization and fixed guideway construction and extension projects. Makes such proposals effective upon approval by law. Sets forth the circumstances under which the Secretary is authorized to approve advance construction for certain mass transportation projects. Prohibits the issuance of funds for new fixed guideway systems or extensions unless such projects are determined to be: (1) based on the results of alternatives analysis and preliminary engineering; (2) cost-effective; and (3) supported by local financial commitment. States that any public body which receives Federal financial assistance for mass transportation may not displace a structure from the mass transportation system property for which such public body receives rent from a private owner unless: (1) such displacement is necessary; (2) the owner receives relocation assistance in a certain amount; or (3) such displacement is authorized by State statute and is in accordance with the terms of the rental agreement. Sets a limit upon the amount of funds which the Secretary may use to enter into a construction management oversight contract. Authorizes appropriations for FY 1982 through 1990 for public transportation projects substituted for withdrawn Interstate segments. Authorizes certain funds apportioned for expenditure in an urbanized area with a population of less than 200,000 to be expended in an urbanized area with a population of more than 200,000. Permits certain grant recipients to continue the preferential fare collection system for elderly and handicapped persons in lieu of the collection of half-fares for such persons. Permits block grants to be made to implement an urban mass transportation program of projects in whole or in part. Excludes certain advertising and concession revenues from consideration as a revenue source for purposes of the Federal block grant program for urban mass transportation. Requires Federal block grant recipients to submit an annual report to the Secretary regarding revenues derived from the sale of advertising and concessions relating to the operation of a public mass transportation system. Revises the limitations placed upon the use of certain apportioned funds by small urbanized areas for operating assistance. Extends from 1984 to 1990 the authority for (block grant) recipients to transfer capital assistance for operating assistance. Limits the use of discretionary amounts resulting from such transfer to the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities. Prohibits certain grant recipients after FY 1985 from making such transfers except for emergency repairs or pursuant to predated authority. Sets a deadline by which funds appropriated for the block grant program must be apportioned. Directs the Secretary to make grants to nonprofit institutions of higher learning to establish and operate one regional transportation center in each of the ten Federal regions. Sets forth criteria to be met by grant recipients. Establishes in the Department of Transportation a national advisory council to: (1) coordinate the research and training to be carried out by grant recipients; (2) disseminate the results of such research; (3) act as a clearinghouse between such centers and the transportation industry; and (4) review and evaluate programs carried out by such centers. Authorizes appropriations for such centers for FY 1986 through 1990. Makes eligible for construction assistance: (1) any bus remanufacturing project which extends the economic life of a bus eight years or more; and (2) any project for the overhaul of rolling stock, whether or not such overhaul increases the useful life of the rolling stock. Lowers the expense threshold for associated capital maintenance items which are eligible for certain mass transportation block grants. Makes the Federal grant for any mass transportation construction project 80 percent of the net project cost. Directs the Secretary to issue regulations requiring a prebid and postdelivery audit regarding any grant under this Act for the purchase of buses. Authorizes appropriations for FY 1986 through 1990 for block grants and for a formula grant program for areas other than urbanized areas. Authorizes appropriations out of the Mass Transit Account of the Highway Trust Fund for FY 1986 through 1990 for specified activities, and authorizes appropriations for certain projects for FY 1985 through 1990. Requires the Secretary to: (1) enter into a multi-year contract with the Southern California Rapid Transit District to complete a specified segment of a certain Los Angeles Metro Rail Project; and (2) make a grant to an eligible local public body to conduct an electric trolley bus line feasibility study using a certain bus technology being developed in California. Directs the Secretary to develop a comprehensive mass transportation plan for the Virgin Islands and report to the Congress on it within one year of enactment of this Act. Prescribes guidelines under which the Interstate Commerce Commission shall issue bus carrier certificates to recipients of governmental assistance. Subjects the issuance of intrastate passenger transportation certificates to the condition that any intrastate transportation service be provided only as part of a regularly scheduled interstate transportation service on the route. Title IV: Uniform Relocation Act Amendments of 1985 - Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to revise various definitions for purposes of such Act. Permits a Federal agency to discharge its responsibilities by accepting the certification by a State agency that it will implement State law to carry out the Federal relocation assistance program, provided that the lead agency determines that such State law will accomplish the purpose and effect of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Requires the head of such agency, prior to accepting certification, to provide interested parties with an opportunity for public review and comment, and to consult with interested local governments. Directs the head of the lead agency to monitor and report biennially to the Congress on State agency implementation of such certification. Permits an agency to withdraw acceptance of a certification after providing the State government with notice. Permits a Federal agency to withhold approval of any grant, contract, or cooperative agreement with any displacing agency found to have failed to comply with certification or State law. Requires the payment to displaced persons of actual expenses, not exceeding $10,000, necessary to reestablish a displaced small business, nonprofit organization, or displaced farm at its new site. Removes the limitation on the moving expense allowance and the fixed amount of the dislocation allowance that a person displaced from a dwelling may elect to receive in lieu of itemized expenses. Declares that such allowances shall be determined according to a schedule established by the head of a lead agency. Increases the maximum and decreases the minimum limitations on the payment a person displaced from a business or farm operation may elect to receive in lieu of itemized deductions. Declares that such amount shall be determined according to criteria established by the lead agency. (Currently, such amount is based on the annual earnings of the farm or business.) Increases the maximum amount of assistance that a displacing agency may provide to a displaced homeowner for replacement housing. Requires such assistance to include an amount necessary to: (1) meet the reasonable cost of a comparable replacement dwelling as defined in this Act; and (2) compensate the displaced person for any increased financing costs. Authorizes a displacing agency to extend the one-year period, following payment for an acquired home, during which the displaced person must purchase and occupy a replacement dwelling in order to qualify for housing replacement payments, but limits such payments to the costs of relocating such person within that one-year period. Increases the ceiling (currently $4,000) on the amount of rental housing replacement assistance provided to displaced tenants to $6,000. Permits eligible displaced tenants to apply such rental assistance toward the downpayment on a decent, safe, and sanitary replacement dwelling. Declares that displaced homeowners who meet the residency requirement for rental housing replacement assistance but not for homeowner's housing replacement assistance may qualify for rental assistance, at the discretion of the lead agency. Requires that all relocation assistance advisory programs: (1) provide information on suitable locations for displaced farming (and business) operations; and (2) assure that no person is required to move before being given a reasonable choice of comparable replacement dwellings. Provides for the designation of a single, cognizant Federal agency to establish procedures to be used by a non-Federal displacing agency to implement related activities funded by two or more Federal agencies. Authorizes advisory services to certain renters in properties acquired by a displacing agency. Directs the lead agency to require that provisions authorizing a displacing agency to use project funds to provide dwellings for displaced persons, if the project would be delayed because suitable replacement housing is not otherwise available, be used to exceed housing replacement assistance ceilings only on a case-by-case basis and for good cause. Provides that any payment a displaced person receives under State law shall replace a housing replacement or real property acquisition payment for substantially the same purpose under the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Requires the head of the lead agency to: (1) promulgate rules to carry out such Act; (2) coordinate relocation assistance activities with Federal and federally-financed low-income housing programs; (3) monitor the implementation of such Act; and (4) perform such other duties as necessary. Declares low-income housing assistance as income for purposes of determining eligibility for assistance under the Social Security Act or any other Federal law. Requires a State agency to pay the United States all net amounts (currently all amounts) received from the sale of surplus Federal property transferred to the agency for the purpose of providing replacement housing. Repeals the authority of any displacing agency to make loans to various organizations for planning and obtaining federally-insured mortgage financing for housing for displaced persons. Authorizes the lead agency to prescribe a procedure under which Federal agencies may acquire real property without having it appraised. Permits a displaced person to donate the real property being acquired or any of the compensation paid for such property to the acquiring agency. Sets forth effective dates of specified provisions of this Act.
United States · United States Congress · 31 July 1985
Law Enforcement Officers Protection Act of 1985 - Amends the Federal criminal code to define "armor-piercing ammunition." Excludes from the definition: (1) shotgun shot composed in order to comply with Federal or State law; (2) frangible projectiles for target shooting; (3) ammunition containing frangible projectiles; and (4) any ammunition or projectiles which the Secretary of the Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor-piercing ammunition. Allows: (1) the manufacture or importation of armor-piercing ammunition for the use of the United States or any State or local government; (2) manufacture for the sole purpose of exportation; or (3) manufacture or importation for the purposes of testing and experimentation authorized by the Secretary. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor piercing ammunition. Authorizes the Secretary to revoke a license from a dealer for violating this Act. Requires the Secretary of the Treasury to promulgate regulations allowing for special marking on armor-piercing communication and packaging. Establishes an additional mandatory sentence for any person who during and in relation to the commission of a violent crime carries a firearm and is in possession of armor-piercing ammunition capable of being fired by such firearm.
United States · United States Congress · 31 July 1985
Expresses the sense of the Congress that the Internal Revenue Code provisions dealing with the Puerto Rico and possession tax credit (allowing domestic corporations a tax credit if certain percentages of gross income are derived from sources within a possession or from the active conduct of a trade or business within a possession) should not be revised and should be allowed to continue to operate in their present form.
United States · United States Congress · 30 July 1985
Amends the Communications Act of 1934 to direct the Federal Communications Commission to: (1) establish regulations necessary to ensure access (currently, reasonable access) to telephone service by persons with impaired hearing; and (2) require that all telephones (currently, essential telephones) provide internal means for effective use with hearing aids specially designed for telephone use. Repeals a provision directing the Commission to consider the costs and benefits to all telephone users when making rules concerning telephone service for the disabled.
United States · United States Congress · 26 July 1985
Amends the Internal Revenue Code to provide that the amount of a qualified artistic charitable contribution shall be the fair market value of the property contributed (determined at the time of such contribution). Defines "qualified artistic charitable contribution" as the contribution of any literary, music, artistic, or scholarly composition, any letter or memorandum, or similar property, but only if: (1) such property was created by the personal efforts of the taxpayer making such contribution no less than one year prior to such contribution; (2) there is a written appraisal of the fair market value of the property included with the tax return; and (3) the use of such property by the donee is related to the purpose or function constituting the basis for the donee's tax exemption. Limits the amount of the qualified artistic charitable contributions for any taxable year to the artistic adjusted gross income for the taxpayer for such taxable year. Defines "artistic adjusted gross income." Prohibits public officials from taking a deduction for donation of their papers if the papers were produced while the officials were officers or employees of the United States or any State, or if the papers were created out of the performance of any duties as officers or employees of the government. Provides that alternative tax itemized deductions shall be determined without regard to the deduction for qualified artistic charitable contributions.
United States · United States Congress · 26 July 1985
Expresses the sense of the House of Representatives that the President should instruct the U.S. Ambassador to the United Nations to vote in favor of a French and Danish resolution calling for the imposition of voluntary sanctions against South Africa, the lifting of the state of emergency there, and the release of its political prisoners.
United States · United States Congress · 26 July 1985
Expresses the sense of the Congress that: (1) it shall be the national policy for hospitals and emergency centers to provide emergency care to all patients without discriminating on the ground of economic status, color, race, religion, sex, or national origin; and (2) States and local governments have a responsibility to provide adequate funding for such care.
United States · United States Congress · 23 July 1985
Title I: Approval of Compact; Interpretation of, and U.S. Policies Regarding Compact; Supplemental Provisions - Grants congressional approval to the Compact of Free Association between the United States, the Marshall Islands, and the Federated States of Micronesia. Sets forth: (1) provisions for implementing such Compact (including provisions for congressional submission, presidential certification, mutual assistance in law enforcement and drug control, and review of economic development plans); and (2) U.S. policies regarding such Compact. Provides for the President to negotiate with the Government of the Marshall Islands an agreement to assure continued use of lands on Ujelang by the people of Enewetak and lands on Ejit by the people of Bikini. Requires the United States to pay, or to make loans to, the Government of the Marshall Islands for the use of land on Kwajalein Atoll for U.S. military purposes. Sets forth provisions with respect to: (1) payments to the people of Bikini, Enewetak, Rongelap, and Utirik affected by U.S. nuclear weapons tests; (2) health care; (3) agricultural and food programs; (4) establishment of the Enjebi Community Trust Fund; and (5) Rongelap and Bikini Island cleanup. Sets forth provisions regarding: (1) the continuance of democracy and respect for international human rights by the Marshall Islands and the Federated States of Micronesia; (2) non-alienation of compact state lands; and (3) nuclear waste disposal. Requires the President to: (1) report to the Congress with respect to the impact of the Compact on the U.S. territories and Hawaii; and (2) seek the cooperation of the Marshall Islands and the Federated States of Micronesia in the development of international and regional fishery management policy (including jurisdiction over highly migratory species of fish found outside the territorial sea of the compact states). Prohibits U.S. funds to be used by the compact states to pay off foreign loans. Authorizes the Comptroller General to audit all U.S. assistance to the compact states. Sets forth provisions relating to: (1) Trust Territory authorizations; (2) foreign agent registration; (3) security and defense matters; (4) education assistance programs; (5) compact state debts to Federal agencies; (6) technical assistance by the U.S. Forest Service, U.S. Coast Guard, and U.S. Fish and Wildlife Service; (7) Department of Defense medical facilities; (8) Micronesian war claims; (9) United States land use payments; (10) disease control; (11) congressional approval of amendments to the Compact; and (12) user fees. Provides that upon the effective date of the Compact: (1) the laws of the United States generally applicable to the Trust Territory of the Pacific Islands shall continue to apply to the Republic of Palau; and (2) Palau shall continue to be eligible for such proportion of Federal assistance as it would otherwise have been eligible to receive under such laws prior to the effective date of such Compact. Provides for preferences to local and U.S. contractors on construction projects, and for local hiring and training for such projects. Authorizes appropriations. Declares that the exemption from U.S. income tax shall not apply to U.S. citizens who reside in the Marshall Islands and the Federated States of Micronesia. Grants the same tax incentives that are applicable to U.S. territories to the Marshall Islands and the Federated States of Micronesia. Provides duty-free entry of products imported into the United States from the Marshall Islands and the Federated States of Micronesia. Title II: Compact of Free Association - Sets forth the Compact of Free Association between the United States, the Marshall Islands, and the Federated States of Micronesia. (Declares that the people of the Marshall Islands and the Federated States of Micronesia are self-governing. States that the United States shall provide grant and program assistance to such territories. Declares that the United States has full authority and responsibility for the security and defense of such territories.) Declares that the defense sites of the United States established in the Marshall Islands or the Federated States of Micronesia in accordance with the Compact and its related agreements are within the special maritime and territorial jurisdiction of the United States. Title III: Pacific Policy Review Commission - Establishes the Pacific Policy Review Commission which shall review U.S. policy toward the Pacific region to determine whether modifications are necessary to achieve political, social, and economic development there. Requires the Commission to submit annual reports to the President and to the Congress. Authorizes appropriations. Terminates the Commission when it makes its final report to the Congress and the President.
United States · United States Congress · 18 July 1985
Dropout Prevention and Reentry Act of 1985 - Amends the Elementary and Secondary Act of 1965 (ESEA) to add a new title X, the Dropout Prevention and Reentry Act of 1985. (Redesignates the current title X as title XI.) Authorizes appropriations for FY 1987 through 1990 for such new title X. Directs the Secretary of Education, from such title X funds for any fiscal year, to allot 20 percent to each of five categories of local educational agencies (LEAs) (based on total elementary and secondary school student enrollments). Directs the Secretary, from the amounts allotted to such categories of LEAs, to award as many grants as practicable within each such category to LEAs whose applications: (1) have been approved; and (2) propose a program of sufficient size and scope to be of value as a demonstration. Limits an LEA to no more than one such grant in each of three fiscal years. Requires the amount of a grant to be, to the extent practicable, proportionate to the extent and severity of the local dropout problem. Limits the amount of a grant to 90 percent of the total cost of a project during its first fiscal year, 80 percent in the second, and 70 percent in the third. Sets forth grant application requirements (including plans for addressing the needs of pregnant minors and school-age parents). Directs the Secretary to give first priority within each category of LEA to applicants with either very high numbers or very high percentages of school dropouts. Sets forth requirements for review of LEA second or third year projects. Requires such grants to be used to carry out plans set forth in the applications. Lists activities such grants may also be used for, including counseling, remedial education, work-study, community-organization service, curriculum review, and school staff training. Requires at least 30 percent of each grant to be used for dropout prevention activities, and another 30 percent for dropout reentry activities (i.e. persuading dropouts to return to school and assisting former dropouts with specialized services once they return to school). Directs the Secretary, from amounts appropriated to the Secretary for FY 1986, to use a specified limited amount to conduct a one-year study of the nature and extent of the dropout program. Sets forth requirements for such study, (including development of a model dropout information collection and reporting system and minimum reporting system requirements). Sets forth general provisions for title X, including provisions relating to withholding payments, annual reports, and audits. Requires that title X grants supplement other funds.
United States · United States Congress · 16 July 1985
Entitles individuals who performed service as National Guard technicians before January 1, 1969, to credit for such service when determining length of service for purposes of civil service retirement, leave, employee death and disability compensation, group life and health insurance, severance pay, tenure, and status.
United States · United States Congress · 16 July 1985
Children's Justice Act - Amends the Child Abuse Prevention and Treatment Act to authorize the Secretary of Health and Human Services to make additional grants to States for developing, operating, or implementing programs for: (1) handling child abuse cases in a manner to reduce trauma to the child (especially in sexual abuse cases); (2) successful prosecution or legal action against child abusers; and (3) protection of children from abuse. Makes a State eligible for such assistance if it establishes a multidisciplinary task force and adopts reforms recommended by such task force. Requires the task force to be comprised of professionals experienced in the criminal justice system. Requires a State to adopt reforms recommended by the task force in each of the three stipulated categories or submit a detailed explanation of the reasons for not carrying out such recommendations. Requires the Secretary, through the National Center on Child Abuse and Neglect, to: (1) compile, publish, and disseminate evaluations of the approaches utilized with respect to the investigation and prosecution of child abuse cases; (2) develop and disseminate model training materials and procedures to help insure that law enforcement, legal, judicial, and child welfare personnel are adequately trained to deal with child abuse victims; and (3) provide for support of research projects to assist in identifying effective approaches to achieving successful investigation and prosecution of child sexual abuse cases. Directs the Secretary, within two years, to review and evaluate the effectiveness of the activities carried out with the funds made available under this Act and report the results to the Congress. Requires the evaluation to be made available to State officials within 180 days after enactment of this Act. Authorizes appropriations. Directs the Attorney General, the Secretary of Health and Human Services, the Secretary of Education, and any other agency or department head designated by the President, to meet regularly to coordinate and prevent the overlap of programs that address child abuse. Requires the Secretary of Health and Human Services to report to the Congress on the coordination of Federal programs. Requires the Attorney General to modify the classification system used by the National Crime Information Center in its Interstate Identification Index, and by the Identification Division of the Federal Bureau of Investigation in its Criminal File and its Uniform Crime Reporting System, with respect to offenses involving the sexual exploitation of children. Amends the Public Health Service Act with regard to the confidentiality of patient records to provide that nothing in such section shall supersede any State or local requirement for the reporting of incidents of suspected child abuse to authorities.
United States · United States Congress · 16 July 1985
Federal Equitable Pay Practices Act of 1985 - Establishes the Commission on Equitable Pay Practices to determine whether the Government's position-classification system and prevailing rate system are designed and administered in accordance with the general policy that sex, race, and ethnicity should not be among factors considered in determining pay rates. Requires the Commission to conduct, by contract with a consultant selected under this Act, a study under which job-content analysis and economic analysis shall be applied to a representative sample of occupations in which: (1) either sex is numerically predominant; (2) any race is disproportionately represented; or (3) any ethnic group is disproportionately represented. Directs the Commission to report to the Congress and the President on the results of such study not later than 18 months after the Commission's date of establishment. Make sums appropriated to the Office of Personnel Management for general operating expenses available to carry out this Act.
United States · United States Congress · 11 July 1985
Expresses the sense of the House of Representatives that the: (1) local field office structure of the Social Security Administration should be maintained, strengthened, and fully staffed; and (2) proper amount of administrative costs of such offices should approximate 1.5 percent of the costs of the social security benefit programs serviced by such offices.
United States · United States Congress · 10 July 1985
Controlled Substances Penalties Act of 1985 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase the penalties for offenses involving: (1) a kilogram or more of cocaine; (2) two or more kilograms of any other narcotic drug in schedules I or II; (3) a kilogram or more of phencyclidine (PCP); or (4) 25 grams or more of lysergic acid diethylamide (LSD). Provides for a fine of not more than $500,000 and/or imprisonment for not more than 30 years. Prohibits any person from being released on bail pending trial for or appeal with respect to an offense under such Act. Requires first offenders to serve at least one half of their sentences before they become eligible for parole. Makes second drug offenders subject to life imprisonment.
United States · United States Congress · 10 July 1985
Comprehensive Smokeless Tobacco Education Act - Requires specified warning labels on all smokeless tobacco products and advertisements. Declares that the failure to comply with provisions of this Act shall be in violation of the Federal Trade Commission Act. Grants district courts of the United States jurisdiction and injunctive powers to prevent and restrain violations of this Act. Directs the Federal Trade Commission to promulgate regulations to implement this Act. Directs the Federal Trade Commission to report to the Congress annually on the use and health effects of smokeless tobacco products.
United States · United States Congress · 10 July 1985
Urges the President to begin talks with the Soviet Union aimed at creating a jointly administered U.S.-Soviet student exchange program. Sets forth certain aspects of such exchange program.
United States · United States Congress · 27 June 1985
Institutional Aid Act of 1985 - Amends title III (Institutional Aid) of the Higher Education Act of 1965 (HEA) to revise institutional aid programs, especially in relation to the development needs of historically black colleges and universities and other institutions with large concentrations of minority, low-income students. Includes as eligible institutions, for purposes of the title III part A (Strengthening Institutions) grants program, any institution of higher education which meets specified requirements and which has an enrollment of which at least: (1) 20 percent are Mexican American, Puerto Rican, Cuban, or other Hispanic students, or combination thereof; (2) 60 percent American Indian, Alaska Native, or Aleut, or combination thereof; or (3) five percent Native Hawaiian, American Samoan, Micronesian, Guamian (Chamorro), or Northern Marianan, or any combination thereof. Establishes under title III part B, "Strengthening Historically Black Colleges and Universities" (which replaces the current part B, Aid to Institutions with Special Needs). Defines a "part B institution" as any historically black college or university that was established prior to 1964 and whose principal mission was, and is, the education of black Americans. Sets forth authorized uses for grants allotted to institutions under the part B program. Directs the Secretary of Education (the Secretary) to make allotments to part B institutions according to formulas based on number of: (1) Pell grant recipients; (2) graduates; and (3) graduates in attendance at graduate or professional schools in degree programs in disciplines in which blacks are underrepresented. Sets forth a special rule regarding allotments to Howard University or the University of the District of Columbia. Sets forth provisions for applications for part B grant allotments. Sets forth provisions for part B program grants to professional and graduate institutions. Directs the Secretary, subject to the availability of appropriations for such purpose, to award such grants to each of listed postgraduate institutions that the Secretary determines to be making a substantial contribution to the legal, medical, dental, veterinary, or other graduate education opportunities for black Americans. Prohibits any such grant in excess of $500,000 unless the postgraduate institution assures that 50 percent of the cost of the purposes for which the grant is made will be paid from non-Federal sources. Limits the duration of any such grant to five years. Provides that any one undergraduate or postgraduate institution may receive no more than two such five-year grants. Allows use of such grants for: (1) any of the authorized uses of part B allotment grants; (2) contribution development offices; and (3) institutional endowments. Sets forth application requirements. Provides that independent professional or graduate institutions eligible for such grants include: (1) Morehouse School of Medicine; (2) Meharry Medical School; (3) Charles R. Drew Postgraduate Medical School; (4) Atlanta University; and (5) Tuskegee Institute School of Veterinary Medicine. Sets forth reporting and audit requirements and penalties for misuse of funds. Revises title III part C (Challenge Grants for Institutions Eligible for Assistance Under Part A or Part B) to rename the "endowment grants" under such part "challenge grants." Makes technical and conforming amendments to eligibility requirements under such part. Reduces the maximum amount of any such part C challenge grant for FY 1985 through 1987. (Retains the current maximum for FY 1988 and succeeding fiscal years.) Establishes under title III a new part D, "Reservation for Hispanic, Native American, and Pacific Basin Institutions." (Redesignates the current part D as part E.) Directs the Secretary, from part A appropriations, to make available for use for the purpose of such part the greater of specified amounts or the following portions of such funds: (1) 20 percent for Hispanic institutions; (2) five percent for Native American, Native Alaskan, or Aleut institutions; and (3) five percent for institutions serving Native American Pacific Islanders, including Native Hawaiians residing in the Pacific Basin, including the State of Hawaii. Sets forth authorized uses of such part A funds which are reserved under the new part C. Revises the redesignated part E (General Provisions) under title III. Directs the Secretary to publish in the Federal Register all policies and procedures required to exercise the authority to approve applications for title III assistance. Prohibits any other criteria, policies, or procedure from being applicable for such purpose. Directs the Secretary to: (1) use the most recent and relevant data concerning the number and percentage of students receiving need-based assistance under title IV (Student Assistance) of HEA in making eligibility determinations under part A of title III; and (2) advance the base-year forward following each annual grant cycle. Requires the Secretary to waive specified part A institutional eligibility requirements (involving an institution's having a relatively high percentage of students receiving need-based assistance under title IV of HEA) in the case of an institution which is: (1) extensively subsidized by the State in which it is located and charges low or no tuition; (2) serving a substantial number of low- and middle-income students as a percentage of its total student population; (3) contributing substantially to increasing higher education opportunities for black Americans, Hispanic Americans, Native Americans, Native American Pacific Islanders, including Native Hawaiians, who are low-income individuals; or (4) substantially increasing higher educational opportunities for individuals in rural or other isolated areas unserved by postsecondary institutions. Includes Hispanic, Native American, or Pacific Basin institutions which have been determined eligible under part D, although not satisfying a specified eligibility criterion (involving an institution's having relatively low and general expenditures), among those institutions which must be included in an annual report of the Secretary to the Congress. Includes among those reasons for which the Secretary may grant a waiver of specified eligibility requirements (involving an institution's being accredited by a nationally recognized accrediting agency and its being authorized to offer bachelor's or junior or community college degrees) a determination that such waiver will substantially increase higher education opportunities appropriate to the needs of Hispanic Americans or Native American Pacific Islanders, including Native Hawaiians. Directs the Secretary to take care to assure that representatives of historically black colleges, Hispanic institutions, Native American institutions, and Native American Pacific Islanders, including Native Hawaiians, are included as readers on title III application review panels. Revises provisions for grants to encourage cooperative arrangements to include such arrangements between title III aid recipients and institutions not receiving such assistance. Includes benefit to the applicant institutions as a priority criterion in making such grants. Authorizes appropriations for FY 1987 through 1991 for the following title III programs: (1) part A, Strengthening Institutions; (2) part B, Strengthening Historically Black Colleges and Universities (with a separate authorization for part B provisions for Professional and Graduate Institutions); and (3) part C, Challenge Grants for Institutions Eligible for Assistance Under Part A or Part B. Directs the Secretary to make available part A funds for any fiscal year to eligible institutions as follows: (1) at least 30 percent to junior or community colleges; (2) at least 20 percent (or a specified minimum amount, if that is greater) for Hispanic institutions; (3) at least five percent (or a specified minimum amount if that is greater) for Native American, Alaskan, or Aleut institutions; (4) at least five percent (or a specified minimum amount if that is greater) for Pacific Basin institutions; and (5) the remainder to institutions that plan to award a bachelor's degree during that year.
United States · United States Congress · 26 June 1985
Amends the Federal Aviation Act of 1958 to prohibit the purchase, lease, or acquisition of control in any manner of a substantial portion of an air carrier by the following persons: (1) any air carrier which is a debtor; (2) any person who is a debtor and controls an air carrier; (3) any person controlling an air carrier which is a debtor; or (4) any person who is a debtor and is substantially engaged in the business of aeronautics.
United States · United States Congress · 25 June 1985
Extends adverse action provisions (concerning removal, suspension for more than 14 days, reduction in grade or pay, or furlough for 30 days or less) to Postal Service employees who: (1) are preference eligibles, except to the extent of inconsistency with a collective bargaining agreement; (2) are supervisors or employees engaged in confidential personnel work; and (3) have completed two years of continuous service in the same or similar positions.
United States · United States Congress · 25 June 1985
Child Care Opportunities for Families Act - Title I: Increasing the Supply of Child Care - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to increase the amount of appropriations authorized for FY 1985 through 1988 and succeeding fiscal years for title XX allotments to States. Reserves specified amounts from such title XX funds for FY 1986 through 1988 and succeeding fiscal years for use only for the provision of qualified child day care services. Directs the Secretary of Health and Human Services (HHS) to allot such reserved funds in the same proportions as regular title XX allotments. Defines qualified child day care services, for such purposes, as child day care services which are provided to: (1) children who are abused or neglected children, or at risk of being abused or neglected, or in families receiving child protective services; (2) children of eligible families who are recipients of aid to families with dependent children (AFDC); and (3) children (handicapped or nonhandicapped) of low-income parents (including legal guardians or primary caretakers) who are adolescents, or working, or enrolled in education or training programs, or seeking employment. Provides that such child day care services funds shall be: (1) only supplementary to funds from other sources (including other title XX funds); (2) separately accounted for in reports and audits; and (3) not transferable for purposes of other Federal block grant programs. Requires States, as a condition of eligibility for title XX block grants, to provide a State share of the total expenditures made by the State during any fiscal year (in cash or kind) for the provision of services directed at the goals set forth under title XX. Sets such State share to be provided from non-Federal public or private sources, at 25 percent of such total expenditures. Establishes a school-based early childhood education and child care services pilot program. Directs the Secretary of Education to make grants to States to assist local educational agencies (LEAs) to establish and expand such education and services for children aged four and five. Permits such pilot program funds to be used to: (1) extend half-day kindergarten to a full school day or typical working day to meet the needs of working parents; (2) contract with community-based child care organizations to provide part-day child day care to complement existing half-day or full school day school-based kindergarten or early childhood education programs; and (3) establish, or contract with community-based child care organizations to provide, pre-kindergarten or early childhood education programs and child day care services for children four years of age for a typical working day. Sets forth provisions for State applications for such pilot program grants, including requirements for: (1) State and LEA advisory panels; (2) encouragement of participation of severely handicapped children; and (3) priority consideration to programs serving substantial proportions of children from low-income families. Directs the Secretary of Education, in considering such applications to: (1) give preference to applicants whose programs provide services for the typical working day; and (2) ensure an equitable distribution of grants among States. Sets forth requirements for such pilot programs, including parent involvement, sliding scale fee scales, and no fees charged to families with incomes less than 150 percent of the poverty level. Sets forth matching requirements for such pilot programs. Limits the Federal share to 75 percent in the first year of assistance, 60 percent in the second year, and 40 percent in the third and any subsequent year. Limits administrative costs to five percent of the grant to the State or five percent of assistance to any LEA. Requires that at least ten percent of the total enrollment opportunities in each LEA in such pilot programs shall be available for handicapped children, with services to meet their special needs. Sets forth requirements for reports on, and evaluation of, such pilot programs. Defines community-based child care organization, for purposes of such pilot program provisions, as a private organization which is representative of the community and which has experience in providing child care services to low-income families. Authorizes appropriations for FY 1986 through 1988 for such pilot program of school-based early childhood education and child care services. Title II: Upgrading State Child Care Standards - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to add a further increase (above that already provided under title I of this Act) in the amount of appropriations authorized for Fy 1986 through 1988 and succeeding fiscal years for title XX allotments to States. Reserves specified amounts from such title XX funds for FY 1986 through 1988 and succeeding fiscal years for incentive grants to States for improvements in their child care licensing, regulatory, and monitoring systems. Directs the Secretary of Health and Human Services (HHS) to initially allot such reserved funds in the same proportions as regular title XX allotments. Requires that any remaining part of such reserved funds be used for making further grants to States which require additional assistance to carry out their State plans for such purpose. Requires that, for years after FY 1986, priority be given in distributing such additional funds to those States which have developed plans that will lead to their meeting or exceeding the recommended standards established by the National Advisory Committee on Child Care Standards pursuant to this Act. Requires the Governor of each State, as a condition of the State's eligibility for receiving title XX Federal payments, to establish or designate a State Advisory Committee on Child Care Standards which shall: (1) examine, investigate, and study the State's laws, regulations, and procedures for licensing, regulating, and monitoring child care services and programs within the State; and (2) prepare a report outlining the committee's findings and recommendations, including a description of the current status of child care licensing, regulating, or monitoring within the State to be submitted to each State's Governor for transmittal, along with the Governor's comments, to the Secretary of HHS. Establishes a National Advisory Committee on Child Care Standards in order to assist and provide guidance to the States in improving the quality of child care services. Requires each State Advisory Committee and the National Advisory Committee to review the options for child care standards published by the Department of HHS in January 1985 and the final 1980 HEW Day Care Regulations. Directs the National Advisory Committee to issue recommended standards for child care programs, after first publishing proposed standards and receiving comments. Terminates the National Advisory Committee 90 days after the publication of the final recommended standards. Directs the Secretary of HHS, from the title XX funds reserved and allotted to the States for such purpose, to make incentive grants to assist States in carrying out their plans to correct deficiences in, or otherwise improving, the licensing, regulating, and monitoring of their child care programs. Requires that State applications for such grants include such plans. Requires a detailed explanation if the State plan omits carrying out any recommendation contained in the State advisory committee's report. Title III: Expanding Private Sector Initiatives - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program of grants to local private nonprofit organizations to improve and expand child care services in the community by establishing and administering community funds for child care, in partnership with private for-profit businesses. Requires that such grants be used to provide: (1) child care scholarships on a sliding fee scale for low-income families through vouchers or by purchasing slots in child care programs; (2) partial scholarships of such sort to families ineligible for child care under title XX of the Social Security Act and whose income does not exceed $30,000; and (3) loans and grants to local nonprofit organizations (especially those serving significant proportions of low-income children) for start-up or renovation costs for community child day care services. Sets the maximum Federal share of the cost of expenditures from such community funds at 50 percent in the first year of Federal assistance, 40 percent in the second year, and 25 percent in the third and any subsequent year. Sets forth grant application requirements, including: (1) establishment of local advisory boards; and (2) obtaining of at least half of the local share of such community funds from for-profit private businesses. Directs the Secretary of HHS, in considering such applications, to: (1) ensure an equitable distribution of assistance among States and among urban and rural areas; and (2) give preference to organizations that have received such assistance in the previous year. Sets forth requirements for annual reports, evaluations, and audits of such community child care funds. Authorizes appropriations for FY 1986 through 1988 for such community child care funds program. Title IV: Training Child Care Personnel - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to add a further increase (above that already provided under titles I and II of this Act) in the amount of appropriations authorized for FY 1986 through 1988 and succeeding fiscal years for title XX allotments to States. Reserves specified amounts from such title XX funds for FY 1986 through 1988 and succeeding fiscal years for use by States in providing child care personnel training and retraining (including training in child development and in prevention of child abuse in day care settings). Provides that such training may be given to: (1) providers of licensed or registered child care services; (2) operators and staffs of facilities where such services are provided; (3) State licensing and enforcement officials; and (4) parents. Gives priority in such training to infant care providers, family day care providers, and providers of care for children with handicapping conditions. Directs the Secretary of Health and Human Services (HHS) to initially allot such reserved funds in the same proportions as regular title XX allotments. Requires that any remaining part of such reserved funds be used for making further payments to States on the basis of their respective needs and other factors which the Secretary of HHS considers appropriate. Establishes a program of scholarships for low-income individuals who are candidates for the Child Development Associate (CDA) credential. Directs the Secretary of HHS to make grants to States to provide such scholarships. Requires that preference be given to scholarship applicants who are candidates for the CDA credential for work in: (1) a family day care setting with children who are not more than five years of age; or (2) a center-based setting with children who are not more than three years of age. Requires State grant applications to assure that: (1) each scholarship will cover all necessary costs incidental to receiving the CDA credential; and (2) the State will not expend more than five percent of the grant for administrative costs. Defines low-income individual, for such purposes, as one whose income does not exceed 185 percent of a specified poverty line. Amends title V (Teacher Corps and Teacher Training Programs) of the Higher Education Act of 1965 (HEA) to add a new part G, Training Personnel for Early Childhood Education. Authorizes the Secretary of Education to make grants to institutions of higher education to: (1) train personnel for careers in early childhood education and development; and (2) prepare professional personnel to provide such training. Directs the Secretary to ensure that such part G grant funds are equitably distributed by geographic region and between four-year and two-year institutions. Permits such grants to be used by the institutions: (1) to cover the cost of such courses of training or study; and (2) for scholarships to individuals who agree to be providers of early childhood education or child day care services for at least two years after completion of their academic program. Requires that such scholarships be awarded on the basis of need to full- or part-time students, with preference to be given to those preparing to work with children three years of age or younger or children with handicapping conditions. Sets forth reporting requirements for grant or contract recipients under part G. Authorizes appropriations for FY 1986 through 1988 to carry out such HEA title V part G grants program for training personnel in early childhood education. Authorizes appropriations for FY 1986 through 1988 to carry out such program. Amends the Omnibus Budget Reconciliation Act of 1981 to revise provisions for grants to States for planning and development of dependent care programs. Adds an authorization of appropriations for FY 1986 for allotments to States to carry out the family day care training and technical assistance grants program added by this Act. Prohibits a project under such program from duplicating any services already provided by the State or locality to be served. Permits such program funds for FY 1986 to be used for grants to eligible nonprofit community-based organizations to provide: (1) training to family day care providers and individuals involved in training such providers (including child development and infant care training); and (2) technical assistance to family day care sponsors, providers, and individuals involved in training such providers, on laws and regulations applicable to the provision of family day care services. Allows training and technical assistance relating to the provision of family day care for handicapped children to be included under such grants. Makes nonprofit community-based organizations eligible for such grants if they: (1) have experience with working with such providers; and (2) agree to give training and technical assistance to such providers serving low-income families. Defines family day care as the care of children provided outside their residences, for a fee and on a part-day basis, by an individual in that individual's residence. Title V: Child Care Services for Special Groups - Part A: Child Care Services for Low-Income Postsecondary Students - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to add a new part D, Higher Education Institution-Based Child Care Program. Authorizes appropriations for such new part D program for FY 1986 through 1990. Directs the Secretary of Education to use such part D funds to make grants to institutions of higher education to provide child care services to low-income students. Sets forth grant application requirements, including provision of assurances that: (1) at least two-thirds of program participants are low-income individuals who are first-generation college students; (2) the remaining participants are either low-income individuals or first-generation college students; (3) the participants require the services to pursue a successful education beyond secondary school; (4) participants are enrolled at the grant recipient institution; and (5) the institution will provide to participants market rate vouchers for child care in licensed or registered programs or purchase slots in such programs for use by participants. Limits institutional administrative costs to five percent of the program grant. Defines low-income individual as one from a family whose taxable income for the preceding year did not exceed 150 percent of a specified poverty level amount. Part B: Respite Care Demonstration Grants for Families with Special Needs - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program of grants to States to assist public and private agencies to provide in-home or out-of-home respite care for handicapped children and children with chronic or terminal illnesses. Requires that such care be provided on a sliding fee scale with hourly and daily rates. Directs the Secretary of HHS to establish a demonstration program of grants to States to assist public and private agencies to provide crisis nurseries (i.e. centers providing temporary emergency services and care) for children who are abused and neglected, at high risk of abuse and neglect, or in families receiving child protective services. Requires crisis nurseries to: (1) provide such services and care without fee for a maximum of 30 days; (2) provide referral to support services. Sets forth administrative provisions for applications and awards of grants for the demonstration programs under this part. Requires States receiving such grants to submit annual funded program evaluation reports to the Secretary of HHS. Part C: Comprehensive Service Centers - Directs the Secretary of HHS to establish a program of grants to State and local health departments and nonprofit agencies to establish and operate school-located comprehensive health service centers. Requires such programs to be administered through the health resources and services administration of the Department of HHS. Requires such centers to provide, or arrange for the provision of, comprehensive health care services, child care sufficient to enable a student to continue education or enter employment, family life and parenting education, and academic and employment counseling and placement. Makes such services available to any student, but requires that priority attention be given the needs of any student who is an adolescent parent, pregnant, or a potential dropout. Requires such programs to provide or arrange provision of: (1) such services on school campuses, to the extent practicable; and (2) transportation of students to and from agencies supplying such services, and of eligible adolescent parents and their children to and from child care services. Sets forth provisions for fee schedules for such services. Prohibits discrimination on the basis of inability to provide full payment for such services. Requires grant recipients to collect reimbursement, where possible, for the Medicaid and title XX child care services programs under the Social Security Act. Limits State or local administrative costs to ten percent, and Federal administrative costs to one percent, of program funds. Sets forth grant application requirements. Directs the Secretary of HHS, in reviewing such applications, to: (1) consider the equitable geographic distribution of grants among States, and among urban and rural areas; and (2) give preference to recipients who will provide services in schools with the highest adolescent birth rate and the highest concentrations of low-income students and potential dropouts. Requires that Federal funds for such programs be supplementary to State and local funds, and that such programs provide services which are in addition to, rather than in substitution for, comparable services previously provided without Federal assistance. Sets the maximum Federal share of assistance to a center at 100 percent in the first year, 75 percent in the second year, and 50 percent in the third and any subsequent year of assistance. Sets forth annual reporting requirements for grant recipients. Directs the Secretary of HHS, after the second year of such assistance, to provide for an independent evaluation of a representative sample of such programs. Defines comprehensive health care services to include: (1) primary and preventive health services, including prenatal, delivery, and postpartum care; (2) pregnancy testing and maternity counseling; (3) nutrition counseling and referral; (4) screening and treatment of sexually transmitted diseases; (5) appropriate pediatric care; (6) pediatric services for infants born to adolescents; (7) mental health services and referral; (8) family planning services; (9) dental services and referral; and (10) such other services as the Secretary of HHS provides by regulation. Defines child care services,for purposes of this part, as services that: (1) are provided by a school-based or community-based child care organization (2) at a minimum include the provision of child care services to any child of an adolescent parent from birth through age 30 months; and (3) meet applicable State licensing standards. Authorizes appropriations for FY 1986 through 1988 for the grants program for school-located comprehensive health service centers under this part. Part D: Child Care Expenses for AFDC Recipients - Amends Social Security Act provisions relating to aid to families with dependent children (AFDC) to allow an increased amount of child care expenses to be taken into consideration in determinations of AFDC eligibility.
United States · United States Congress · 18 June 1985
Makes permanent the formula for determining fees for the grazing of livestock on public lands. Provides that the annual increase or decrease in such fee for any given year shall be limited to not more than plus or minus 25 percentum of the previous year's fee.
United States · United States Congress · 13 June 1985
Expresses the sense of the Congress that procurement of the new U.S. weather radar system, NEXRAD, continue on schedule and according to the established minimum requirements agreed to by the National Weather Service, the Federal Aviation Administration, and the Department of Defense.
United States · United States Congress · 12 June 1985
Fair Insurance Coverage Act - Prohibits any insurer from discriminating in an insurance contract against any person because of blindness. Includes within the prohibition refusing to make or negotiate a contract for insurance or giving different treatment with respect to terms, conditions, rates, or benefits because of blindness. Establishes a preference for State actions prior to judicial enforcement under this Act. Authorizes any aggrieved person, in the absence of State actions or jurisdiction, to bring an action under this Act for individual relief. Authorizes the Attorney General of the United States to bring an action for injunctive relief whenever there is reasonable cause to believe a person is engaged in a pattern or practice of discrimination or when an individual is aggrieved and an issue of general public importance is raised. Grants the Federal district courts jurisdiction of such actions regardless of the amount in controversy. Allows a court to order monetary, equitable, or other appropriate relief, including punitive damages.
United States · United States Congress · 12 June 1985
Extends the House of Representatives' greetings and best wishes for a successful meeting to the 12th World Festival of Youth and Students to be held in Moscow from July 27 to August 3, 1985.
United States · United States Congress · 6 June 1985
Plan Termination and Reversion Control Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) to revise provisions relating to terminations of single-employer plans and reversions to employers resulting from such terminations. Prohibits mergers and consolidations of pension plans and transfers of plan assets or liabilities if any act or failure to act in accomplishing the merger, consolidation, or transfer violates the fiduciary duty of the employer under specified provisions (which provide that the assets of a plan shall never inure to the benefit of any employer and shall be held for the exclusive purposes of providing benefits to plan participants and their beneficiaries and defraying reasonable administrative expenses of the plan). Sets forth provisions for fiduciary responsibility: (1) for meeting specified requirements relating to distribution of residual assets upon termination of a single-employer plan; and (2) in connection with related plans following single-employer plan terminations. Makes it unlawful for any individual who is a party in interest, as described under specified provisions, in connection with a single-employer plan to exert undue influence on or cause a material misrepresentation to a plan fiduciary, with the intent to initiate or facilitate a plan termination in order to entrench or otherwise protect the status of such individual. Authorizes the Pension Benefit Guaranty Corporation (the Corporation) to assess a civil penalty against any person who commits such a violation. Limits the maximum amount of such penalty to five percent of the amount of any distribution from the plan to the employer pursuant to specified provisions. Makes such person also personally liable to make good to any aggrieved participant or beneficiary their losses resulting from such violation. Makes liability for any such violation joint and several. Authorizes the Corporation to seek: (1) injunctions against any act or practice constituting such a violation; or (2) other appropriate equitable relief to redress such violations or to enforce such requirements. Places limitations on distributions of residual assets to employers after single-employer plan terminations. Provides that those residual assets of the plan which are attributable to employee contributions shall be equitably distributed to the employees who made such contributions (or their beneficiaries) in accordance with their rate of contributions, in a specified manner. Provides that the remaining residual assets be available for distribution as follows: (1) 50 percent to participants and beneficiaries as compensation for unpaid constructive cost-of-living increases; and (2) 50 percent to participants who are within five years of normal retirement age under the plan. Provides for adjustments to the amounts of residual assets distributable to participants and beneficiaries through: (1) proration of available assets; (2) reallocation of excess available assets; and (3) adjustment to ensure equitable distribution. Provides that, only after all of the above requirements for distribution of residual assets to participants and beneficiaries have been met, any remaining residual assets shall be distributed to the employer if: (1) such distribution does not contravene any applicable Federal or State law; and (2) the plan has, since its establishment, provided explicitly for such a distribution in these circumstances. Gives plans in effect on the date of enactment of this Act 60 days after such date to contain such an explicit provision. Requires such plans to notify in writing each employee or retiree who qualifies as an interested party of the proposed plan amendment incorporating such provision at least 30 days before its adoption. Sets forth a special rule for distributions to employers in cases of transfers of coverage to other plans. Requires that any other residual assets of the plan, which remain after the above requirements for distribution to participants and beneficiaries are met and which are not distributable to employers because of the above requirements, be distributed to participants and beneficiaries in a specified manner. Directs the Corporation to issue regulations for such distributions of residual assets, including provision of consideration of administrative costs to the plan. Authorizes the Corporation to waive any such requirements, individually or by class, upon its determination that such administrative costs reader the distribution impracticable. Provides for increased availability to employers of residual assets upon certification of business necessity. Provides that a plan termination is a business necessity if it meets the requirements of: (1) a special rule for certain terminations incident to the sale of a business for fair value to an unrelated party; or (2) certain distress requirements. Provides that such distress requirements are met if the plan termination meets the conditions set forth in at least one of the following categories: (1) recent funding waivers; (2) liquidation in bankruptcy proceedings; (3) inability to pay debts and continue in business; and (4) unreasonably burdensome pension costs caused by a declining workforce (but not in the case of substantial layoffs). Precludes a business necessity determination: (1) where the primary purpose is to finance corporate take-overs; or (2) in the case of recently established plans, i.e. plans which have not completed five years. Revises ERISA provisions relating to the termination of single-employer plans to require 60 days' advance written notice to the plan participants and their beneficiaries before the plan administrator files a notice with the Corporation that the plan is to be terminated on a proposed date. Revises IRC provisions relating to plan qualification to set forth a five-year disqualification rule for replacement plans where plan termination is not a business necessity. Makes exceptions to such rule for derivative or successor plans which meet certain conditions. Places various limitations on the availability, after various types of employer reversions (i.e. employer acceptance of residual assets of a terminated plan pursuant to various requirements of this Act), of: (1) funding waivers for replacement plans; and (2) extensions of amortization periods for comparable plans. Requires faster funding for replacement plans after employer reversions. Provides that an alternative minimum funding standard is not available while such plans are subject to such faster funding requirement. Revises IRC provisions (relating to excise taxes in connection with qualified pension, etc., plans) to add an excise tax on reversions to employers upon termination of single-employer plans. Requires the employer to pay such tax in the amount of ten percent of the fair market value of the residual assets so distributed to the employer. Revises ERISA requirements relating to employer securities acquired or held by plans. Provides that, by specified dates and under certain conditions, a plan may not hold: (1) any employer security which is not qualifying employer stock; or (2) any qualifying employer stock to the extent that the aggregate fair market value of employer securities held by the plan exceeds five percent (currently ten percent) of the plan's assets. Provides for regulations requiring plans to divest themselves of 50 percent of their holdings of employer securities and employer real property by a specified deadline (in order to comply with the five percent limitation). Defines "qualifying employer stock" as an employer security which: (1) is stock in the employer; (2) does not constitute, and is not acquired subject to, any bond, debenture, note, or certificate or other evidence of indebtedness; and (3) is not subject to any restriction on marketability or voting power applicable by reason of its acquisition by a plan. Directs the Joint Board for the Enrollment of Actuaries to conduct a study of the reasonable actuarial assumptions and methods, for each of the various types of pension plans, which are appropriate for use by enrolled actuaries and others under ERISA and IRC in determining the actuarial status and funding requirements of such plans. Requires the Joint Board, within two years after enactment of this Act, to: (1) complete such study and report, with recommendations, to specified congressional committees; and (2) prescribe by regulation appropriate procedures for determining, for each type of plan, such appropriate actuarial assumptions and methods; and (3) determine such actuarial assumptions and methods for each type of pension plan in accordance with such procedures and publish such assumptions and methods in the Federal Register. Authorizes the Joint Board to: (1) revise by regulation the prescribed procedures; and (2) publish revised reasonable actuarial assumptions and methods for each type of plan. Requires the termination of enrollment of enrolled actuaries if they fail to use such prescribed assumptions and methods. Set forth requirements relating to the voting rights of participants in employee stock ownership plans (ESOPs) to which assets are transferred upon plan termination, under IRC tax qualification requirements and under ERISA transaction rules applicable irrespective of tax qualification status. Allows such transfer of assets only if: (1) the transfer is approved in advance in writing by a majority of the participants in the terminated plan; (2) the assets allocated to each participant are immediately deposited to an account under the ESOP for such participant; and (3) the voting ratio under the ESOP of each participant is not less than the participant's asset ratio under the plan. Makes the amendments made by this Act applicable (except as otherwise provided in this Act) to pension plan terminations with respect to which notices are filed with the Corporation, pursuant to specified ERISA provisions, on or after January 1, 1984. Treats any such notice filed before the date of the enactment of this Act as filed on such date for purposes of specified amendments made by this Act.
United States · United States Congress · 6 June 1985
Older Workers' Pension Rights Protection Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to require pension plans to allow: (1) participation by employees nearing retirement age; and (2) benefit accrual by participants to continue past normal retirement age.
United States · United States Congress · 6 June 1985
Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to revise provisions relating to the disbursement of guaranteed student loans. Requires that such loans be disbursed by check and either: (1) sent to the eligible institution the student attends or plans to attend, and made payable to the order of the student; or (2) in the case of auxiliary loans, sent to the borrower and made payable to the order of the borrower, with the endorsement of the borrower required, and with the lender or guarantee agency required to notify such institution of such disbursement. Requires multiple disbursement of guaranteed student loans. Repeals specified provisions relating to incentives for the making of multiple disbursements. Makes conforming amendments. Extends the grace periods for repayment of federally insured student loans and guaranteed student loans from six months to nine months. Restricts eligibility for student assistance under HEA to citizens, nationals, and permanent resident aliens of the United States, with specified exceptions. Directs the Secretary of Education to evaluate the feasibility and efficiency of permitting students to establish lines of credit with eligible lenders, under the federally insured student loan and guaranteed student loan programs under part B (Federal, State, and Private Programs of Low-Interest Insured Loans to Students in Institutions of Higher Education) of title IV of HEA, that cover more than one year of attendance at an institution of higher education. Requires that such evaluation: (1) determine the extent of administrative cost reduction under such an arrangement; and (2) be conducted in consultation with institutions of higher education and eligible lenders. Directs the Secretary, within six months after the date of enactment of this Act, to report to the Congress on the results of such evaluation, with recommendations.
United States · United States Congress · 6 June 1985
Comprehensive Health Care Improvement Act of 1985 - Title I: Qualified Health Insurance Plans - Part A: Definitions and Standards for Qualified Plans - Sets forth definitions used in this title. Defines a "plan of health coverage" as any plan or combination of plans, including combinations of self-insurance, individual accident and health insurance policies, group accident and health insurance policies, coverage under a nonprofit health service plan, or coverage under a health maintenance organization (HMO) subscriber contract. Directs the Secretary of Health and Human Services to establish standards for qualified plans and procedures for the review and certification of plans of health coverage as qualified plans. Provides that a plan shall be certified as an "A" qualified plan if it meets any applicable State requirements with respect to accident and health insurance plans or nonprofit health service plans, and meets or exceeds the following minimum standards: (1) the minimum benefits for a covered individual are equal to at least 80 percent of the covered expenses in excess of an annual deductible not exceeding $150.00 per person; (2) the coverage includes a limitation of $3,000 per person on total annual out-of-pocket expenses for covered expenses; (3) the coverage is subject to a maximum life-time benefit of not less than $250,000 for covered expenses; and (4) the $3,000 limitation (above) and the $250,000 benefit limit (above) are not subject to change or substitution by use of an actuarially equivalent benefit. States that covered expenses are the usual and customary charges of a physician or chiropractor. Defines covered services as the following services and articles: (1) hospital services; (2) professional services for the diagnosis or treatment of injuries, illnesses, or conditions (other than outpatient mental or dental care) which are rendered by a physician or at a physician's direction; (3) drugs requiring a physician's prescription; (4) services of a nursing home for not more than 120 days a year if the services would qualify as reimbursable services under title XVIII (Medicare) of the Social Security Act; (5) services of a home health agency if the services would qualify as reimbursable services under title XVIII of the Social Security Act; (6) use of radium or other radioactive materials; (7) oxygen; (8) anesthetics; (9) prostheses, other than dental; (10) rental or purchase, as appropriate, of durable medical equipment, but not including eyeglasses and hearing aids; (11) diagnostic X-rays and laboratory tests; (12) oral surgery for partially or completely unerupted impacted teeth, for a tooth root without the extraction of the entire tooth, or for the gums and tissues of the mouth when not performed in connection with the extraction or repair of teeth; (13) services of a physical therapist; (14) transportation provided by a licensed ambulance service to the nearest facility qualified to treat the condition; (15) well baby care; (16) physicians' services for routine checkups and annual physicals when prescribed by a physician; (17) multiphasic screening and other diagnostic testing, within such reasonable limits on the reimbursement required for such services as the Secretary shall prescribe; (18) a second opinion from a physician on all surgical procedures expected to cost a total of $500 or more in physician, laboratory, and hospital fees, but the coverage need not include the repetition of any diagnostic tests for such an opinion; and (19) professional services of a chiropractor. Excludes from coverage: (1) any charge for which benefits are payable under any other type of insurance or compensation; (2) cosmetic surgery; (3) custodial or domiciliary care not qualifying under Medicare; (4) private rooms, except if medically necessary; (5) any part of any charge exceeding the locally prevailing charge; and (6) charges for services rendered by an individual or institution which are not within the individual's or institution's authorized scope of practice. Deems HMOs to be providing an "A" qualified plan. Certifies as a "B" qualified plan a plan which meets the requirements of an "A" plan, except that the annual deductible does not exceed $500 per person. Certifies a plan as a "C" plan if it meets the requirements of an "A" plan, except that the annual deductible does not exceed $1,000 per person. Provides that a plan which provides benefits to persons over age 65 shall be certified as a qualified Medicare supplement plan if it limits annual out-of-pocket expenses to a maximum of $1,000 per person, is designed to complement or supplement Medicare, and provide coverage: (1) of 50 percent of the required Medicare deductibles and copayments; (2) of 80 percent of charges for covered services of an "A" qualified plan not paid under Medicare; and (3) which is not subject to a maximum lifetime benefit of less than $100,000. Directs the Secretary, to the extent feasible, to provide for the review and certification by the insurance commissioner of each State of qualified plans to be offered in the State if the Secretary is provided assurances that such review and certification will comply with the requirements of this Act. States that the sale of plans are in and affect interstate commerce and that in order to properly regulate such sales, it is necessary to regulate such sales in intrastate, as well as interstate, commerce. Requires every plan of health coverage sold to be labelled as "qualified" or "nonqualified" on the front of the policy. Part B: Required Offering of Certain Qualified Plans - Requires each employer employing an average of ten or more employees annually to make available a plan or combination of plans of health coverage which: (1) has been certified as an "A," "B," or supplemental plan; (2) is a qualified convertible plan; and (3) permits coverage of an employee's spouse and children. Defines a "qualified convertible plan" as a plan of health coverage which: (1) permits each enrolled individual to convert the plan to an individual qualified plan without the addition of underwriting restrictions if, for any reason, the individual leaves the group; and (2) permits, in the case of the death of the individual in whose name the contract was issued, other individuals covered under the plan to continue coverage without the addition of underwriting restrictions. Sets forth civil penalties for noncompliance with this part. Excludes from the term "employer," for purposes of this part, a State or any political subdivision of a State. Part C: Offering of Comprehensive Health Insurance and Qualified Medicare Supplement Plans by States - Sets forth definitions used in this part. Amends title XIX (Medicaid) of the Social Security Act to require the establishment and operation of a comprehensive health association in each State and a comprehensive health plan in each State, in accordance with this part of this Act. Defines a "comprehensive health insurance plan" to mean policies of insurance and a contracts of HMO coverage offered by an association through the writing carrier in the State. Defines the "writing carrier" as the insurers and HMOs approved to administer the comprehensive health insurance plan. Provides that each State commission of insurance, consistent with any regulations the Secretary may promulgate: (1) may formulate general policies to advance the purposes of this title; (2) shall supervise the creation of the State comprehensive health association; (3) shall approve the selection of the writing carrier by the association in the State and approve the association's contract with the writing carrier, including the State plan coverage and premiums to be charged; (4) may appoint advisory committees with respect to implementation of this part; (5) shall conduct periodic audits to assure the general accuracy of the financial data submitted by the writing carrier and the association in the State; (6) shall contract with the Federal Government and may contract with any other unit of government to ensure coordination of the State plan of the association with other governmental assistance programs; (7) may undertake, directly or through contracts with other persons, studies or demonstration programs to develop awareness of the benefits provided under this Act, so that residents of the State may best avail themselves of the health care benefits provided hereunder; (8) may contract with insurers and others for administrative services; and (9) may adopt, amend, suspend, and repeal rules as reasonably necessary to carry out and make effective the provisions and purposes of this part. Requires each State to provide for the establishment of a comprehensive health association with membership consisting of all insurers, self-insurers, fraternal beneficiary associations, and HMOs authorized or licensed to do business in the State. Exempts each association from State taxation. Provides for a board of directors of each association. Requires that all members of an association: (1) maintain their membership in the association as a condition of doing accident and health insurance, self-insurance, or HMO business in the State; and (2) enter into a reinsurance contract with the association as required by this part. Exempts members of an association, in the performance of their duties as members, from Federal and State antitrust laws. Authorizes each association to provide for the reinsuring of risks incurred as a result of issuing qualified plans by members of the association. Requires each member which elects to reinsure its risks to determine the categories of coverage it elects to reinsure in the association. Provides that the categories consist of: (1) individual qualified plans, excluding group conversions; (2) group conversions; (3) group qualified plans with fewer than 50 employees or members; and (4) major medical coverage. Requires each association through its comprehensive health insurance plan to offer: (1) policies which provide the benefits of an "A," "B," and "C" qualified plans and of a qualified Medicare supplement plan; and (2) HMO contracts in those areas of the State where an HMO has agreed to make the coverage available and has been selected as a writing carrier. Requires the comprehensive health insurance plan for a State to be open for enrollment by individuals residing in the State, who can enroll by submitting a certificate of eligibility to the writing carrier which certifies the applicant's name, address, age, length of residence, dependents to be insured, and type of coverage desired. Provides that upon certification the individual can enroll in a State's comprehensive health insurance plan by payment of the State plan premium to the writing carrier. Requires each member of an association to share the claims expenses for approved plans and the operating and administrative expenses incurred by the association, pursuant to the terms of the individual reinsurance contracts executed by the association with each member. Sets forth a method to determine each member's share of expenses. Authorizes any member of an association in a State to submit for approval to the State commissioner the policies of accident and health insurance or the HMO contracts which are being proposed to serve in the comprehensive health insurance plan. Authorizes the association to select approved policies and a contract to be the comprehensive health insurance plan based upon the member's proven ability to handle large group accident and health insurance cases, claims paying capacity, and estimate of total charges for plan administration. Requires each writing carrier to: (1) perform all required administrative and claims payment functions; and (2) report monthly to the association and State commissioner. Exempts premiums received by a writing carrier for the comprehensive health insurance plan from State taxation. Requires each association in a State to disseminate information to State residents regarding the existence of the comprehensive health insurance plan and the means of enrollment. Requires each writing carrier to pay an agent's referral fee, in an amount to be determined by the association, to each insurance agent referring an applicant to the State comprehensive health insurance plan, if the application is accepted. Title II: Program of Assistance to States for Assisting Low-Income Individuals to Purchase Comprehensive Health Insurance - Comprehensive Health Insurance Assistance Act of 1983 - Adds a new title XXI to the Social Security Act entitled "Grants to States for Assistance to Low-Income Individuals in the Purchase of Comprehensive Health Insurance." Authorizes appropriations under title XXI to enable each State to provide assistance to low-income individuals in the purchase of comprehensive health insurance under title XXI. Specifies the amount authorized for each fiscal year. Requires the sums made available under this title to be used to make payments to States which have submitted, and had approved by the Secretary, State plans for comprehensive health insurance assistance to low-income individuals. Directs the Secretary to pay each State with an approved plan, from the sums appropriated, an amount equal to 50 percent of the sums expended which are attributable either to assistance under the plan to low-income individuals or to plan administration. Prohibits such amount, during any quarter, from exceeding the product of $1.25 and the State's population. Requires a State plan for comprehensive health insurance assistance to low-income individuals, in order to be approved by the Secretary, to: (1) be in effect in all political subdivisions of the State; (2) provide for financial participation by the State equal to at least 40 percent of the non-Federal share of the expenditures under the plan with respect to which payments that are authorized by title XXI, and provide for financial participation by the State equal to all of such non-Federal share or provide for distribution of funds from Federal or State sources, for carrying out the State plan on an equalization or other basis which will assure that the lack of adequate funds from local sources will not result in a lowering of assistance; (3) provide for the designation of an appropriate State agency to administer the plan; (4) prevent the disclosure of information for purposes not connected with the plan; (5) provide for reports to the Secretary; (6) make assistance available to low-income individuals to purchase plans; (7) establish reasonable standards for determining eligibility for and the extent of assistance; (8) make available the opportunity to apply for assistance to any individual; and (9) grant an opportunity for a fair hearing before a State agency to any individual whose claim for assistance under the plan is denied or not acted upon with reasonable promptness. Prohibits payments to a State if, after notice and opportunity for a hearing, the Secretary finds that a State's plan is not in compliance with the provisions of this Act. Sets forth civil and criminal penalties for false statements, misrepresentations, concealments, and conversions made in connection with the application for, sale of, or receipt of benefits under a plan. Authorizes the Secretary to approve a State's Medicaid plan which provides that, in determining the income and resources of a married couple where one spouse is in a skilled nursing or intermediate care facility, there may be disregarded from income and resources such portion thereof as the State determines. Title III: Program of Assistance to States for Assisting Individuals Who Incur Catastrophic Expenses for Health Care - Catastrophic Health Care Expenses Assistance Act of 1985 - Amends the Social Security Act to add a new title XXII entitled "Grants to States for Assistance to Individuals Incurring Catastrophic Expenses for Health Care." Authorizes appropriations for each fiscal year to enable each State to furnish medical assistance for catastrophic illness. Requires a State to have submitted and have approved by the Secretary a plan for medical assistance for catastrophic illness. Directs the Secretary to pay each State with an approved plan, from the sums appropriated, an amount equal to 50 percent of the sums expended which are attributable either to payments made under the plan to eligible individuals or to plan administration. Prohibits such amount, during any quarter, from exceeding the product of $0.25 and the States' population. Prohibits payment with respect to expenses: (1) if the charges on which the expenses are based are not reasonable; (2) for inpatient hospital services if the charge exceeds the hospital's customary charge; (3) for health services which were not medically necessary; (4) for services provided by a provider not in compliance with appropriate regulations; (5) for services provided by a hospital or skilled nursing facility if the appropriate utilization review plan is not in effect; or (6) for which a private insurer would be obligated but for a provision in its contract which limits its obligation if an individual is covered under this title. Declares that a State plan for medical assistance for catastrophic illness, in order to be approved by the Secretary, shall: (1) be in effect in all political subdivisions of the State; (2) provide for financial participation by the State equal to at least 40 percent of the non-Federal share of the expenditures under the plan with respect to authorized payments under title XXII, and provide for financial participation by the State equal to all of such non-Federal share or provide for distribution of funds from Federal or State sources, for carrying out the State plan on an equalization or other basis which will assure that the lack of adequate funds from local sources will not result in a lowering of assistance; (3) provide for the designation of an appropriate State agency to administer the plan; (4) prevent the disclosure of information for purposes not connected with the plan; (5) provide for reports to the Secretary; (6) provide for paying at least 90 percent of all qualified expenses annually of an eligible individual and the individual's dependents in excess of the greater of $2,500 (or a lower amount which the State may establish) or the sum of 30 percent of household income under $15,000, plus 40 percent of household income between $15,000 and $25,000, plus 50 percent of household income in excess of $25,000 (or such lower respective percentages, or such higher incomes, as the State may establish); (7) provide for paying 100 percent of all qualified nursing home expenses of an eligible individual and the individual's dependents in excess of 20 percent of household income (or such lower percentage as the State may establish); (8) prohibit charging any premiums, copayments, or deductibles, except as provided above; (9) provide safeguards against excessive charges and the unnecessary utilization of services; (10) establish reasonable standards for determining eligibility for and the extent of assistance; (11) make available the opportunity to apply for assistance to any individual; (12) grant an opportunity to apply before a State agency to any individual whose claim for assistance under the plan is denied or not acted upon with reasonable promptness; (13) seek reimbursement from any legally liable third party; and (14) provide that payment for services shall be made only to providers and beneficiaries. Prohibits payments to a State if, after notice and opportunity for a hearing, the Secretary finds that a State's plan is not in compliance with the provisions of this Act. Sets forth definitions used in this title. Defines an "eligible individual" as an individual who incurs an obligation to pay in a consecutive 12-month period: (1) expenses (including dependent's expenses) exceeding the greater of $2,500 (or such lower amount as the State may establish) or 30 percent of household income up to $15,000, plus 40 percent of household income between $15,000 and $25,000, plus 50 percent of household income in excess of $25,000 (or such lower respective percentages of such incomes, or of such higher incomes as the State may establish); or (2) nursing home expenses exceeding 20 percent (or such lower percentage as the State may establish) of household income. Sets forth civil and criminal penalties for false statements, misrepresentations, concealments, and conversions made in connection with the application for or right to the assistance provided under this title.
United States · United States Congress · 6 June 1985
Catastrophic Health Care Expenses Assistance Act of 1985 - Adds a new title to the Social Security Act, "Title XXI: Grants to States for Assistance to Individuals Incurring Catastrophic Expenses for Health Care." Authorizes appropriations to enable States to furnish medical assistance for catastrophic illness under such title. Requires a State plan to: (1) be in effect in all State political subdivisions; and (2) provide for financial participation by the State equal to not less than 40 percent of the non-Federal share of expenditures under the plan with respect to which payments are authorized, and provide for financial participation by the State equal to all of such non-Federal share or provide for distribution of funds from Federal or State sources, for carrying out the State plan, on an equalization basis which will assure that the lack of adequate funds from local sources will not result in lowering the assistance available under the Act. Requires a State plan to provide for paying: (1) at least 90 percent of all qualified expenses of an eligible individual and the eligible individual's dependents in excess of the greater of $2,500 or the sum of 30 percent of household income under $15,000, plus 40 percent of household income between $15,000 and $25,000, plus 50 percent of household income in excess of $25,000 (or such lower respective percentages of such incomes, or of such higher incomes, as the State may establish); and (2) 100 percent of all qualified nursing home expenses in excess of 20 percent (or such lower percentage as the State may establish of household income). Prohibits a State plan from charging any premium, copayments, or deductibles, except as provided in the previous sentence. Requires a plan to provide such methods and procedures relating to the use of, and the payment for, services for which assistance is available under the plan as may be necessary to safeguard against unnecessary use of such services and to assure that payments are not in excess of reasonable charges consistent with efficiency, economy, and quality of care. Directs the Secretary of Health and Human Services to pay to a State with an approved plan 75 percent of such sums as are attributable either to payments made to eligible individuals or expenses found by the Secretary to be necessary for the administration of the plan. Prohibits amounts paid to a State from exceeding the product of two dollars and the State's population. Prohibits payments to a State for expenses if: (1) the charges on which the expenses are based are not reasonable; (2) the expenses exceed the hospital's customary charges; (3) incurred for services not medically necessary; (4) the expenses are for services provided by a provider excluded from Medicare or Medicaid participation (titles XVIII and XIX of the Social Security Act); (5) the expenses are for services provided by a hospital or skilled nursing facility not having a utilization review plan meeting the requirements of title XVIII; or (6) the expenses are for services for which a private insurer would have been obligated but for a provision in its contract excluding payment because an individual is eligible under this Act. Prohibits payments to a State not in compliance with the provisions of this Act. Defines an "eligible individual" as any resident of a State who has incurred in any consecutive twelve month period: (1) qualified expenses exceeding the greater of $2,500 or 30 percent of household income up to $15,000, plus 40 percent of household income between $15,000 and $25,000, plus 50 percent of household income in excess of $25,000 (or such lower respective percentages of such incomes, or of such higher incomes, as the State may establish); or (2) qualified nursing home expenses exceeding 20 percent (or such lower percentage as the State may establish) of household income. Defines a "qualified expense" as a charge which is a covered expense and for which no third party is liable. Lists 19 "covered services" which include: hospital services, physicians' services (including routine check-ups and an annual physical), chiropractic services, prescription drugs, physical therapy, ambulance service, well baby care, certain dental care, and certain diagnostic tests. Excludes from coverage: (1) cosmetic surgery; (2) custodial care not qualifying under title XVIII; and (3) private hospital rooms. Defines "dependents," "household income," and "qualified nursing home expense." Sets forth penalties for misrepresentations, fraud, false statements, and concealments made in connection with the provision of services under this Act.
United States · United States Congress · 5 June 1985
Designates the period of October 1, 1985, through September 30, 1986, as the time to reflect on the achievements of the Peace Corps during its 25 years and on ways such programs might be used in the future. Authorizes and requests the President to proclaim this period as a time to honor Peace Corps volunteers and reaffirm the Nation's commitment to such programs.
United States · United States Congress · 4 June 1985
Designates August 14, 1985, as Social Security Day and the week of August 11 through August 17, 1985, as Social Security Week. Authorizes and requests the President to commemorate August 14, 1985, as the 50th anniversary of the Social Security Act.
United States · United States Congress · 23 May 1985
College Athlete Education and Protection Act of 1985 - Amends the Internal Revenue Code to deny the deduction for a charitable contribution to an institution of higher education for use in the athletic program of such institution or to any other organization for use in supporting the athletic program of such institution unless for the 5-calendar-year period ending with the calendar year preceding the calendar year in which the contribution is made at least 75 percent of the scholarship athletes ceasing to be students at such school during such period receive a bachelor's degree after the completion of not more than five academic years.
United States · United States Congress · 22 May 1985
Authorizes the President, on behalf of the Congress, to present gold medals to Jan Scruggs, Robert Doubek, and Jack Wheeler, in recognition of their tireless efforts to give the Vietnam Veterans Memorial to the Nation. Directs the Secretary of the Treasury to sell bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 22 May 1985
Young Astronaut Program Medal Act - Commemorates the Young Astronaut Program by directing the Secretary of the Treasury to strike and deliver to the Young Astronaut Council no more than 750,000 medals with emblems, devices, and inscriptions determined by the Secretary. Authorizes the Council to dispose of the medals at a premium and to have them delivered as required in quantities of no less than 2,000. Directs that no medals be struck after December 31, 1987. Directs the Secretary to set the price of the medals at no less than the manufacturing cost plus a surcharge of ten percent of such cost. Requires the furnishing of security sufficient to fully indemnify the United States for such costs. Directs that the medals be struck in gold, silver, and bronze and in such size or sizes as determined by the Secretary. Gives the U.S. Comptroller General the right to examine the records of the Council which are related to the medals.
![Official portrait of Del. de Lugo, Ron [D-VI-At Large]](https://www.congress.gov/img/member/d000209_200.jpg)