United States · United States Congress · 2 April 1985
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate the benefit disparity between those born before 1916 and those born after 1916 which was effected by the enactment of the Social Security Amendments of 1977. Directs the Secretary of Health and Human Services to recompute the primary insurance amount so as to take into account the amendments made by this Act and to pay to any individual so entitled any additional lump sum amount to which such individual is entitled by reason of this Act. Prohibits the recomputation from reducing any individual's benefit.
United States · United States Congress · 2 April 1985
Military Chaplains Faith Balance Act of 1984 - Directs the Secretary of Defense to increase the representation of underrepresented religious faiths among armed forces chaplains.
United States · United States Congress · 2 April 1985
World War I Veterans' Service Pension Act - Directs the Administrator of Veterans Affairs to pay a monthly pension of $150 to each veteran of World War I who meets specified service requirements. Requires such veteran, if receiving another pension administered by the Veterans Administration (VA), to elect which pension he will receive. Provides for the payment of a monthly pension of $100 to surviving spouses of World War I veterans who meet certain marriage requirements. Requires such surviving spouses to choose between pensions if they are currently receiving another pension through the VA.
United States · United States Congress · 2 April 1985
Declares that all persons in the workplace, regardless of whether they are employed in manufacturing or any other industrial or commercial enterprise, have a fundamental right to know when they are handling or are exposed to a hazardous substance which may threaten their health and well-being. Declares that the Occupational Safety and Health Administration should immediately revise its Hazardous Communication Standard so as to: (1) provide for the dissemination of meaningful information to workers on the actual identity and composition of hazardous substances which workers handle or are exposed to; (2) extend "Right to Know" protection to all workers in all industries and services which are not covered by this standard; and (3) set minimum requirements which States may improve upon through appropriate legislation. Commends the action of those State and local governments which have passed community "Right to Know" laws to safeguard the health and well-being of all their citizens in the community at large.
United States · United States Congress · 28 March 1985
Fair Competition in Hydroelectric Licensing Act of 1985 - Amends the Federal Power Act to prescribe guidelines under which the Federal Energy Regulatory Commission (FERC) shall determine which electric utility license applicant offers the proposal best adapted to a certain comprehensive plan for waterways improvement. Prohibits the Commission from denying a license to a competing applicant because it has not previously operated a hydroelectric project. Requires the existing licensee to: (1) make available to an entity planning to file a competing license application all the data necessary to complete such application, and to grant a competing applicant access to the project works and lands; and (2) agree to perform with competing applicants certain joint studies required to be submitted with a license application. Requires FERC to give preference to State or municipality proposals which are equally well adapted to comprehensive plans for waterway improvement as the proposals of other applicants. Authorizes FERC to require implementation of electricity consumption efficiency improvement programs for the conservation and proper utilization of natural resources. Requires FERC to include as a condition of a license that an electric utility licensee provide in the public interest: (1) transmission services to other electric utilities over its transmission facilities; and (2) an increase in the transmission capacity of any bulk power transmission facility which it owns or operates. Authorizes the Commission to make available to the existing licensee up to an average of 25 percent of the project output for the initial one-fifth of the license term at the new licensee's cost of power and energy from the project. Requires FERC to issue new licenses no later than 12 months prior to the expiration date of an existing license. Requires the Commission to report annually to the Congress all projects for which new licenses have not been issued within such period. Requires FERC to transmit to the Attorney General all license applications in order to ascertain whether any activities under the Act would tend to be inconsistent with certain antitrust laws. Prohibits the Commission from issuing a license where such inconsistencies are found. Amends the Public Utility Regulatory Policies Act to repeal FERC's authority to exempt certain small hydroelectric power projects from the licensing requirements of the Federal Power Act.
United States · United States Congress · 28 March 1985
Medicare Solvency and Health Care Financing Reform Act of 1985 - Adds a new title XXI to the Public Health Service Act entitled "Programs for Reforming the Health Care Financing System." Sets forth part A of such title entitled "State Health Care Programs." Provides that if a State transmits to the Secretary of Health and Human Services, within one year of the enactment of this Act, a statement that the State intends to submit a health care plan (described below), for purposes of making payments to the State under title XIX (Medicaid) of the Social Security Act the Federal medical assistance percentage shall be 102 percent of such percentage as otherwise determined under Medicaid for such State for up to one year. Directs the Secretary to exempt hospitals in a State from the prospective payment limits established under this Act for certain time periods occurring during the first year of the transition period (defined in part C of title XXI as the 24-month period beginning January 1986) if: (1) the State requests such treatment; (2) the State indicates an intention to have implemented a State plan under title XXI which will provide for a recoupment of any revenues received in excess of the amounts permitted under part A; and (3) the State has agreed, with respect to such hospitals, that if a State plan under this Act is not implemented by the end of the first year of the transition period, then the Secretary shall provide for such adjustment in the prospective payment limits under part I of part B as will provide for recoupment in the subsequent year of any revenues received in excess of amounts permitted. Authorizes a State to apply to the Secretary for the approval of a health care plan for the State for an initial period of up to three years, subject to disapproval. Authorizes extensions of such initial period for up to two additional years. Provides that, for any one-year period, in the case of any State with an approved plan: (1) the transitional period provisions of subpart I of part B of title XXI shall not apply; (2) requirements for reimbursement (other than those relating to beneficiary cost sharing) under title XVIII (Medicare) of the Social Security Act shall be waived; and (3) for purposes of making payments to a State under Medicaid the Federal medical assistance percentage shall, for the year the plan is in effect, be 103 percent (or 104 percent in the case of an unrestricted Medicaid plan) of the amount of the Federal medical assistance percentage otherwise determined under Medicaid and 102 percent (or 103 percent in the case of an unrestricted Medicaid plan) for any subsequent year (except for any extension period) of the amount of the Federal medical assistance percentage otherwise determined. Defines "unrestricted Medicaid plan" as a State Medicaid plan which does not impose any limitation on the scope or duration of inpatient hospital services other than requiring that such services be medically necessary. Directs the Secretary to annually review each approved plan. Requires the continued approval, for a certain time, of a plan not in compliance, if the State certifies that it will comply within a stated time period. Permits a further extension of approval if there is a trend towards compliance. Provides for the establishment of a Federal program with respect to hospitals for a State which cannot comply. Requires a State plan, in order to be approved, to meet the general requirements set forth below and, if applicable, certain requirements relating to ratesetting plans. Permits a plan, in meeting the general requirements, to be designed in a manner that meets such requirements through a ratesetting system, a voluntary system, or through the use of competitive mechanisms. Requires a plan to be designed in a manner so as to provide, to the satisfaction of the Secretary, that: (1) the amount of the total revenues per discharge for all hospitals in the State for each year beginning before 1987 in which the plan is in effect may not exceed the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor; and (2) the amount of the total revenues per discharge for all services furnished to hospital inpatients for all hospitals in the State for each year beginning after 1986 in which the plan is in effect may not exceed the sum of the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor, plus the base physician-related hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the plan is in effect and provided for a limitation under this clause (2), and the population-discharge factor. Authorizes a State, at its option, to apply the test specified in clause (2) instead of the test specified in clause (1) with respect to years prior to 1986. Permits a plan, instead of meeting the above requirements, to meet such other alternative test of constraint of health care costs as the Secretary determines will not result in a greater expenditure of funds under title XVIII (Medicare) of the Social Security Act and by private payers than would have been made if the plan met the above requirements. Requires a plan to be designed so as to provide that the amount of revenues for inpatient hospital services and physicians' services to hospital inpatients and individuals entitled to benefits under parts A (Hospital Insurance) and B (Supplementary Medical Insurance) of title XVIII of the Social Security Act may not exceed the amount which would otherwise be payable (including copayments and deductibles) for such services under title XVIII. Permits a plan (other than a plan providing for the establishment of rates of hospital reimbursement for hospital inpatient services) to provide that payment under title XVIII for inpatient hospital services and for other services furnished to hospital inpatients shall continue to be made in the amounts and in the manner otherwise provided under Medicare. Requires that the unreimbursed costs incurred by hospitals in providing services to low-income, uninsured or underinsured patients (other than Medicare or Medicaid patients) be paid pursuant to a plan in an amount which must, in the aggregate, be the same proportion of total revenues as such unreimbursed costs are of total costs of patients who are neither Medicare nor Medicaid patients. Provides that such unreimbursed costs shall be paid through distribution of funds pooled at the statewide level, through a higher payment rate, or through another method approved by the Secretary. Requires a plan to have a mechanism for providing fair hearings for hospitals and any other entities aggrieved by determinations made under the plan. Requires a State to provide for the appointment of a panel, consisting of members with expertise in health care economics and service delivery, to advise in the development and implementation of its plan, periodically review and propose modifications to the plan, and establish the methodology for establishing the percentage limit used to compute hospital revenues. Requires such methodology to include the use of appropriate external price indicators, the use of data from major collective-bargaining agreements for nonsupervisory hospital employees, and other appropriate indicators of wage costs. Requires the methodology to be approved by the Secretary. Requires a plan, to the extent that it provides for meeting plan requirements through a system which provides for the establishment of rates for hospital reimbursement for hospital inpatient services by an entity other than the hospital, to meet the following additional requirements: (1) except as provided in clause (2), the plan must provide equitable treatment of all entities that pay for health services covered under the plan, of hospital employees, and of patients; (2) if the plan is established under State law, the plan must take into account the proportion of costs associated with, and services covered by, the different payors, including Medicare and Medicaid, and may not permit undue shifting of proportions of costs among the different payors; (3) the plan may not make available any discount in price to any purchaser unless the discount accurately reflects economic benefits to a hospital resulting from a service arrangement with a purchaser and the discount is made available to all other purchasers who can satisfy such service; and (4) the plan must provide a procedure whereby, upon the request of a hospital, an adjustment can be considered to the rate limitation applicable under the plan to that hospital to reflect a significant change in the inpatient hospital services, increased costs for the compensation of employees, funds necessary to provide for the efficient operation of a hospital which the State has determined should remain in operation, and higher expenses associated with a regional tertiary care institution, teaching hospital, or children's hospital. Directs the Secretary, in reviewing a plan which provides for control of hospital inpatient costs through a competitive mechanism, to take into account the degree to which the plan provides for the following or other measures to improve price competition among providers: (1) the plan provides for open enrollment periods; (2) the plan provides for the dissemination of information concerning different health benefits plans; (3) the plan encourages innovation and public incentives to new forms of health care delivery and financing; (4) there are negotiated prices and risk-sharing between insurers and health care providers; and (5) the laws of the State do not impose legal barriers to competition in negotiated and other arrangements among insurers and health care providers. Sets forth part B of title XXI entitled "Residual Federal Program, subpart I, Transition Period." Provides that, subject to the provisions of subpart I, for any accounting period of a hospital subject to subpart I, the total revenues for inpatient hospital services may not exceed the total of such revenues that are permitted on the basis of prospective payment limits established under subpart I for the hospital's discharges as classified by diagnosis-related groups. Requires each hospital subject to a limitation on revenues under subpart I to provide for the publication of a price list which establishes the price per discharge which any payor may pay for inpatient hospital services. Requires a hospital to submit its price list to the Secretary. Directs the Secretary to determine (for each accounting period) a prospective payment limit for inpatient hospital services for discharges classified by diagnosis-related groups. Sets forth the method for determining and adjusting the limit for each hospital for discharges. Authorizes the Secretary, at the request of a hospital, to increase the allowable revenues for an accounting period or provide for an increase in the base number of discharges otherwise permitted under subpart I to allow for higher revenues than would otherwise be permitted if: (1) a major renovation or replacement of physical plant or significant change in the capacity of the hospital has occurred; (2) the hospital is a sole community provider or provides a disproportionate percentage of its services to low-income or Medicare patients, the hospital would otherwise be insolvent, and the State has determined that the hospital should remain open; (3) a larger revenue increase is needed because the hospital is a regional tertiary care institution, teaching hospital, or children's hospital; and (4) there has been a significant change in the characteristics of the hospital's mix of patients. Subjects a hospital which has total inpatient revenues for an accounting period in excess of its applicable limit to a civil penalty, unless the excess is deposited in an escrow account. Permits withdrawals from the account upon the Secretary's certification that the total inpatient revenues of a hospital for an accounting period fall below the applicable limit for that period. Establishes a civil penalty for a physician or other person or entity (other than a hospital) who has charged any person or entity for services which are required by law to be billed to a hospital. Sets forth provisions relating to notice, opportunity for a hearing, and appeal of such penalties. Prohibits a hospital from engaging in an admission practice that results in: (1) a refusal to admit a patient who is unable to pay for inpatient hospital services; (2) the refusal to admit a patient who would be expected to require unusually costly or prolonged treatment; or (3) the refusal to provide emergency services to any person in need of such services. Sets forth penalties, including exclusion from Medicare or Medicaid participation, for hospitals committing such admissions violations. Sets forth subpart II of Part B entitled "Post-Transition Period." Provides that in the case of a State not having a plan approved under part A and in effect for any period beginning after the transition period, the Secretary shall establish and implement a health care plan for such State for such period which meets the requirements of part A, with specified differences. Sets forth definitions under part C of title XXI. Establishes an Advisory Committee on Health Care Technologies and Procedures. Directs the Advisory Committee to examine the appropriateness of the various interventions and the conditions under which they are needed, the safety and efficacy of alternative therapeutic and preventive regimens, and the standards for availability and utilization of various technologies, and to publicly report on whether or not payments should be made for such services and, if so, under what conditions and frequency of service. Exempts individuals enrolled in health maintenance organizations and competitive medical plans from the limits established under title XXI on revenues and discharge of a hospital if: (1) the organization elects such treatment; or (2) the organization annually pays for more than 20 percent of the number of bed-days of care with respect to that hospital. Amends provisions of the Public Health Service Act relating to employees' health benefits plans to provide that if an employer makes a contribution with respect to the costs of a health benefits plan of an employee and the employer offers the option of membership in a health maintenance organization or a competitive medical plan, which membership provides benefits at least actuarially equivalent to those provided under the other health benefits plan, the employer shall: (1) contribute at least as much towards the membership as the maximum amount of the employer's contribution to the other plan; (2) provide for a cash rebate if the contribution with respect to any other health benefits plan exceeds the cost of membership with the organization; and (3) provide information to employees that reasonably compares the benefits and costs of different plans. Exempts from the provisions of the previous sentence employees of an employer represented by a collective bargaining representative or other employee representative selected under any law. Amends title XVIII (Medicare) of the Social Security Act, with respect to health maintenance organizations and competitive medical plans, to provide that the annual per capita rate of payment for each class of members shall be 100 percent in the case of individuals enrolled with an eligible organization in an area where at least 30 percent of the individuals eligible to enroll with an organization are enrolled. Amends title XIX (Medicaid) of the Social Security Act to exempt a health maintenance organization which is a public entity from the requirement that at least 75 percent of its membership be Medicaid eligible or insured under part B (Supplementary Medical Insurance) of title XVIII or under both parts A (Hospital Insurance) and B of title XVIII. Directs the Secretary, under the prospective payment provisions of title XVIII of the Social Security Act, to provide that in the case of a State health care plan approved under Part A of title XXI of the Public Health Service Act payments with respect to services covered under title XXI: (1) may, at the State's option, be made in accordance with title XXI rather than Medicare; or (2) shall be made in accordance with title XXI rather than Medicare in the case of a plan which provides for the control of hospital costs through a title XXI ratesetting mechanism. Provides for increased Medicare payments to a hospital for its operating costs if the number of admissions for an accounting period exceeds the hospital's admissions during a specified base period. Directs the Secretary to determine a regionally adjusted capital-related prospective payment rate for each inpatient hospital discharge in accordance with a specified formula. Directs the Secretary, for each diagnosis-related group, to estimate the average per discharge amount of charges recognized under part B of title XVIII attributable to items and services furnished to inpatients within such group during 1983. Provides that, subject to the part B deductible and subject to other provisions of the Medicare prospective payment rate provisions, with respect to each individual entitled to benefits under part A and enrolled under part B of title XVIII who is a hospital inpatient and whose discharge is classified within a diagnosis-related group, the Secretary shall provide for payment to the hospital of an amount equal to 80 percent of a specified rate in lieu of payments otherwise made under part B for inpatient services. Requires that: (1) payments for health care services furnished to inpatients be made to or through a hospital as a condition of the hospital's participation in the Medicare payment; and (2) the Secretary provide for notice to the public and to individuals enrolled under part B of title XVIII of the Social Security Act of such requirement. Permits the Federal Hospital Insurance Trust Fund to borrow at any time from other social security trust funds if it can repay the loan within ten years. Provides for the periodic transfer to the Federal Hospital Insurance Trust Fund from the Federal Supplementary Medical Insurance Trust Fund of amounts which the Secretary determines to be equal to a specified fraction of the total revenues of the Federal Supplementary Medical Insurance Trust Fund for each fiscal year. Directs the Secretary to conduct and report to the Congress on seven studies relating to: (1) health care costs, quality, delivery, and services; and (2) the effects of this Act.
United States · United States Congress · 28 March 1985
Prohibits interstate and foreign commerce in any article of fur derived from an animal trapped in a steel jaw leghold trap. Establishes criminal penalties for violations of this Act. Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Makes the Secretary, with the assistance of appropriate Federal or State personnel, responsible for enforcing this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture.
United States · United States Congress · 26 March 1985
States that the United Support of Artists for Africa should be commended for aiding the African famine victims and for demonstrating that people can make a difference in relieving the plight of those victims.
United States · United States Congress · 21 March 1985
Safe Drinking Water Act Amendments of 1985 - Title I: Public Water Systems - Amends the Safe Drinking Water Act (SDWA) to make existing national interim primary drinking water regulations final. Directs the Administrator of the Environmental Protection Agency (EPA), within varying time periods for specified contaminants, to simultaneously propose and then publish either maximum contaminant level goals and national primary drinking water regulations or else a determination that such regulations are not justified because the levels of such contaminant in the public water systems do not represent a threat. Directs the Administrator to publish maximum contaminant level goals and simultaneously promulgate national primary drinking water regulations for each other substance which may have an adverse effect on human health. Requires the Administrator to publish an annual list establishing priorities for the review of such substances, considering substances regulated as toxic water pollutants under the Clean Water Act and substances registered as pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. Directs the Administrator, within three years of each contaminant's being listed on such priority list, to simultaneously propose and then publish either maximum contaminant level goals and national primary drinking water regulations or else a determination that such regulations are not justified. Requires that each maximum contaminant level goal allow an adequate margin of safety and that each national primary drinking water regulation specify a maximum level which is as close to the goal as is feasible. Authorizes the Administrator to promulgate a national primary drinking water regulation that requires the use of an acceptable treatment technique in lieu of establishing a maximum contaminant level if it is not economically or technologically feasible to establish such a level. Directs the Administrator to propose and promulgate primary drinking water regulations specifying when public water systems using surface water as a source of supply must use filtration. Directs the Administrator to promulgate disinfection regulations applicable to all public water systems, including variances and technical assistance. Directs the Administrator to provide the Science Advisory Board an opportunity to comment prior to the proposal of a maximum contaminant level goal and national primary drinking water regulation. Authorizes the Administrator to take into consideration the size of a public water system and the contaminants likely to be found in its drinking water in requiring a system to monitor for unregulated contaminants. Directs the Administrator to promulgate regulations requiring every public water system to conduct a monitoring program for unregulated contaminants at least once every five years, unless the number of persons served or the likely contaminants require greater frequency. Authorizes the primary State enforcement authority to delete contaminants for an individual system after Administrator approval of the assessment. Permits the waiver of such monitoring requirement for certain systems which have recently concluded such a program and for certain systems supplying fewer than 150 service connections. Authorizes the Administrator to issue compliance orders as well as bring civil suits to enforce these provisions. Directs the Administrator to amend regulations to provide for varying types and frequencies of public notice of violations by a public water system, depending upon their frequency and seriousness. Requires a State to prescribe within one year a schedule of compliance and implementation of control measures at the same time it grants an exemption. Permits the primary enforcing authority (State or Administrator in the case of four States and the District of Columbia) to extend the exemption for up to three years after the issue date if a system in good faith cannot meet the standard without capital improvements or financial assistance or has agreed to become part of a regional public water system. Permits exemption renewals for systems with 500 or fewer service connections. Establishes criminal and civil penalties for tampering with a public water system. Authorizes the Administrator to provide technical assistance to small public water systems to enable them to comply with national drinking water standards. Authorizes appropriations for FY 1986 through 1989. Title II: Protection of Underground Sources of Drinking Water - Prohibits the disposal of hazardous waste by underground injection above or into a formation which contains an underground source of drinking water unless such injection is part of a required corrective or response action. Directs the Administrator to require groundwater monitoring at appropriate locations to detect fluid migration into underground drinking water sources from injection wells. Requires the Administrator to report to the Congress within nine months of this Act's enactment on State surveys of disposal wells which discharge nonhazardous waste into or above underground sources of drinking water. Directs the Administrator to issue a compliance order or commence a civil action if a State does not enforce violations of the underground injection control program. Quintuples the maximum per day penalty for violations. Revises other provisions relating to the imposition of civil penalties. Requires each State to adopt and submit to the Administrator for approval a comprehensive State plan to protect underground sources of drinking water from unhealthful contamination. Requires such plans to: (1) identify the implementing agency; (2) identify each underground water source, its quality, patterns, and contamination potential; (3) identify the types of human development and their effects for each such source; (4) set forth regulations, including establishing best management practices for potential contamination activities; and (5) guarantee alternative drinking water supplies when an underground source becomes unhealthful to persons. Sets forth submission and resubmission procedures. Requires State compliance with these requirements as a condition of receiving funds for a State underground injection program. Extends to natural gas storage operations specified limitations on regulation of underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production. Limits the use of funds authorized for such purposes to these purposes. Requires each State to implement its plan within two years of its adoption if possible, submitting a progress report to the Administrator within that time regarding implementation. Requires Federal agencies involved in activities affecting a critical recharge area identified in an approved State plan to act in a manner consistent with such plan. Authorizes municipalities within a sole source area to petition the Governor to designate part of such area as a "special protection area." Requires the Governor, if approving the petition, to: (1) designate or establish an entity to develop a comprehensive management plan; (2) assure and encourage public participation; and (3) submit to the Administrator of the Environmental Protection Agency the proposed boundaries of the area and a description of the planning entity. Authorizes the Administrator, if approving the Governor's submission, to provide such State with a 50 percent matching grant for the costs of preparing the petition and developing and implementing the plan. Increases the Federal share to 60 percent for aquifers serving populations of 10,000 or less. Requires the plan to maintain the quality of the ground water recharged through the special protection area by maintenance, to the maximum extent possible, of the natural vegetative and hydrological conditions. Permits the resubmission of modified plans if earlier submissions to the Governor or Administrator are rejected. Authorizes the Administrator or a State with primary enforcing responsibility to order certain contaminators of a sole or principal source aquifer which supplies a public water system to provide potable water to affected persons. Establishes civil penalties for violations. Directs the Administrator to establish criteria for sole or principal source areas. Title III: General Provisions - Authorizes appropriations for FY 1986 through 1989.
United States · United States Congress · 21 March 1985
Commemorates May 18, 1985, as the 20th anniversary of the Head Start Program. Expresses the sense of the Congress that: (1) the Head Start Program has been cost-effective and successful; and (2) congressional commitment to such program is reaffirmed.
United States · United States Congress · 20 March 1985
Labor-Management Notification and Consultation Act of 1985 - Prohibits any employer (i.e. any business with 50 or more employees) from ordering a plant closing or permanent layoff until 90 days after the employer serves written notice of a proposal to issue such an order to: (1) the representative of the affected employees or, if none, to each affected employee; and (2) the Federal Mediation and Conciliation Service. Provides for reduction of such notification period if the Service determines that unavoidable business circumstances prevent the employer from withholding such closing or layoff until the end of such period. Provides for extension of such notification period thus prohibiting the ordering of such closing or layoff while the employer is subject to an order to continue to consult. Prohibits an employer from ordering a plant closing or permanent layoff unless the employer has: (1) met with representatives of the affected employees with respect to a proposal to order such closing or layoff; and (2) consulted in good faith with such representative for the purpose of agreeing to a mutually satisfactory alternative to or modification of such proposal. Makes such obligation to consult commence on the date of notice and continue until the end of the 90-day notification period. Provides that such consultation period shall be extended if the Service determines that the employer has failed to comply with such consultation requirements. Authorizes the Service to renew any such extension imposed. Requires the employer to disclose to the affected employees' representative information necessary for thorough evaluation of: (1) the proposal to order the closing or layoff; and (2) any alternatives or modifications suggested to such proposal. Authorizes the Service to issue protective orders to prevent disclosure of information which could compromise the employer's competitive position. Sets forth provisions for the administration and enforcement of requirements under this Act. Provides for: (1) assistance by the Service to employers, employee representatives, affected employees, State employment services, and other State and local officials; (2) investigations and injunctive actions by the Department of Labor; (3) civil actions against employers; and (4) civil actions against representatives of employees. Provides that the rights and remedies provided to employees by this Act are in addition to any other contractual, statutory, or other legal rights and remedies of the employees. Expresses the sense of the Congress that employers who, because affected employees do not have a representative, are not required to comply with the consultation and disclosure requirements under this Act should consult with and disclose information to such employees in order to reach a mutually satisfactory alternative or modification of the proposal to order the closing or layoff. Establishes a National Commission on Plant Closings and Worker Dislocation. Requires the Commission to report to the President and the Congress within 12 months of the appointment of members. Terminates the Commission 30 days after such report. Authorizes appropriations for the Commission.
United States · United States Congress · 20 March 1985
Asbestos Workers' Recovery Act - Title I: Supplemental Benefits - Establishes a Federal supplemental benefit program for death or disability caused by occupational exposure to asbestos. Provides guidelines for: (1) the calculation of benefits in proportion to disability; (2) payment methods; and (3) payment priorities. Exempts such supplemental benefits from: (1) any tax or legal process; and (2) any offset for administrative benefits under State or Federal law. Sets guidelines for the offset of supplemental benefits where reorganization or liquidation proceedings occur under Federal bankruptcy laws. Makes supplemental benefits payable only out of the Asbestos-Related Disease Trust Fund established by this Act. Conditions eligibility for supplemental benefits upon such benefits' being the exclusive remedy of an individual for occupational exposure to asbestos. Prescribes guidelines for the filing and payment of asbestos-related disease claims. Directs the Secretary of Health and Human Services (the Secretary) to apply by analogy specified portions of the Social Security Act when making determinations of: (1) entitlement to benefits; (2) review of claims; and (3) delegations of authority to State agencies. Directs the Secretary of Labor, in consultation with the Secretary, in determining eligibility for a supplemental benefit under this Act, to determine annually the average weekly wage for manufacturing workers in each State. Requires such determinations to govern decisions regarding all claims filed in the following calendar year. Requires the Secretary to rely upon: (1) prior court decisions regarding a claimant; and (2) prior determinations by the appropriate workers' compensation program regarding specified eligibility criteria. Specifies exceptions. Requires the Secretary to apply the appropriate workers' compensation law when reviewing supplemental benefit claims. Creates within the Department of Health and Human Services the National Medical Panel on Asbestos-Related Diseases to: (1) decide which diseases belong to the list of asbestos-related diseases; (2) review claims to determine whether a person's disease was caused by asbestos exposure; and (3) publish certain Medical Assessment Guidance Documents. Provides guidelines for the appointment of medical scientists to the Panel from certain organizations. Directs the Panel to promulgate a list of asbestos-related diseases and to provide explanations of any decisions to include or omit a disease from such list. Outlines conditions under which the Panel shall review claims for asbestos-related diseases which do not appear on the panel's list of diseases. Requires the Panel to determine within a specified time whether the disease in the referred claim should be included on such list. Requires the Panel to publish Medical Assessment Guidance Documents including specific medical diagnostic criteria to aid parties and decisionmakers determine whether a death or disability was caused by occupational exposure to asbestos. Title II: Finance - Prescribes guidelines under which: (1) assessments are imposed against each asbestos defendant; (2) assessment allocating factors are assigned to asbestos defendants; (3) assessments are imposed against asbestos insurance policies; and (4) assessments are imposed against companies undergoing Federal bankruptcy proceedings. Sets the aggregate semiannual assessment on defendants on June 30 and December 31 of 1985 and 1986 at $150,000,000. Sets forth formulas for determining the aggregate semiannual assessment on each assessment due date in 1987 and thereafter. Imposes interest upon assessments not paid by the due date. Requires the Secretary of the Treasury to: (1) conduct studies determining assessment allocation factor amounts and assessment apportionment ratios; and (2) promulgate compliance regulations. States that assessment payments do not prejudice the right to recover or challenge such payments. Treats asbestos-related disease assessments imposed upon either an asbestos defendant or an asbestos insurance policy, for Federal income tax purposes, as ordinary and necessary expenses incurred in carrying on the trade or business, on the one hand, and insurance contract losses, on the other. Treats asbestos-related disease assessments as miscellaneous excise taxes. Establishes in the Treasury the Asbestos-Related Disease Trust Fund (the Trust Fund). Details the manner in which such Trust Fund shall be funded and administered. Makes the Secretary of the Treasury the Managing Trustee, and delineates trustee functions. Provides for repayable initial advances and repayable cash flow advances to the Trust Fund during specified periods of FY 1985. Authorizes appropriations for FY 1986 and subsequent fiscal years for the Trust Fund. Establishes within the Department of the Treasury the Asbestos-Related Disease Trust Fund Conservation Committee (the Committee) comprised of the Managing Trustee and five public members appointed by the President. Includes among the consultation and review functions of such Committee: (1) claim disposition; (2) grant and contract awards; and (3) claims and assessments analysis. Directs the Committee to submit an annual report to the Congress regarding the performance of its responsibilities. Authorizes the Committee, with the advice and assistance of the Secretary of Labor, to instruct the Managing Trustee to award grants and contracts to specified organizations for the purpose of: (1) improving State workers' compensation programs; (2) assuring the availability of medical specialists to assist government agencies; (3) establishing medical evaluation units to determine occupational sources of asbestos-related diseases; and (4) medical treatment research. Title III: Miscellaneous - Makes the supplemental benefits under this Act and the applicable workers' compensation programs the exclusive remedy for occupational exposure to asbestos. Exempts certain persons from liability for occupational exposure to asbestos. Removes jurisdiction from State or Federal tribunals to adjudicate any claim of liability for occupational exposure to asbestos after enactment of this Act. Confers jurisdiction for judicial review of administrative acts under this Act only upon the United States Court of Appeals for the District of Columbia Circuit. Confers jurisdiction for questions of assessments and constitutionality under this Act only upon a special three-judge district court established in the District Court for the District of Columbia. Requires all administrative costs and expenses of this Act to be paid out of the Trust Fund. Directs the Secretaries of Health and Human Services, Labor, and the Treasury, and the Attorney General to submit an analysis and certification of their respective costs under this Act to the Managing Trustee for reimbursement.
United States · United States Congress · 20 March 1985
Requires the Secretary of the Army to disclose petroleum product information (regarding petroleum transported by vessel) to any State taxing agency requesting such information for the purpose of State tax law administration. Confines the disclosure of such information to State employees or legal representatives of a State taxing agency. Prescribes guidelines for such disclosure. Requires a requesting State to have laws in effect exempting such information from public disclosure and protecting its confidentiality. Increases from $200 to $500 the penalty imposed on owners and agents of vessels plying Federal navigable waters who fail to furnish certain information requested by the Secretary of the Army.
United States · United States Congress · 20 March 1985
Atomic Veterans Relief Act of 1985 - Provides disability benefits to veterans who participated in atomic tests or the occupation of Hiroshima or Nagasaki after World War II and who, within 40 years, suffer from diseases that may be attributable to ionizing radiation, including: (1) leukemia; (2) polycythemia vera; (3) carcinoma of the thyroid; (4) chromosomal damage; (5) posterior subcapsular cataracts; and (6) other radiogenic cancers. Directs the Administrator of Veterans Affairs to promulgate regulations to resolve benefit claims and provide standards for benefit determinations and the inclusion of additional diseases as the basis for benefits. Provides for survivors' benefits. Directs the Administrator to report to the Veterans' Affairs Committees of the Congress whenever legislative action related to the subject matter of the regulations is needed. Requires proposed and final regulations to be published in the Federal Register by the Administrator within specified periods. Establishes a presumption that a disability is service-connected for a veteran exposed to ionizing radiation while on active duty, notwithstanding the absence of Government records documenting any such exposure. Provides medical care for the treatment of genetic or congenital disorders in the natural children of affected veterans. Entitles such children to educational assistance. Requires the Administrator to carry out an outreach, screening, and counseling program to serve those veterans, dependents, and survivors entitled to benefits under this Act. Directs the Administrator to establish a research and training program for the diagnosis and treatment of disabilities caused by exposure to ionizing radiation, including a centralized registry of claims. Directs the Administrator to make a comprehensive report on these programs in the annual report to the Congress under this Act.
United States · United States Congress · 20 March 1985
Amends the Federal criminal code to add a new offense involving contraband gasoline. Defines "contraband gasoline" as: (1) 2,000 gallons or more of gasoline that is in the possession of any person who does not have a license for such possession required by the State law where the gasoline is found; (2) 2,000 gallons or more of gasoline that is in the possession of any person, if a tax on the gasoline is not collected or paid as required by State law; or (3) a quantity of less than 2,000 gallons of gasoline described in this Act, which is later transferred to another person. Makes it a Federal offense for any person to knowingly ship, receive, possess, sell, distribute, or purchase contraband gasoline. Provides for a fine of not more than $250,000 or imprisonment for not more than five years, or both. Prohibits anyone from knowingly: (1) making false statements with respect to certain records required by Federal law; or (2) violating regulations prescribed by the Secretary of the Treasury. Provides for a fine of not more than $250,000 or imprisonment for not more than three years or both. Requires any person who sells, ships, receives, possesses, distributes, or purchases gasoline in a quantity in excess of 100 gallons to maintain certain records. Provides for the forfeiture of any contraband gasoline involved in a violation of this Act.
United States · United States Congress · 20 March 1985
Ethnic and Minority Affairs Broadcasting Clearinghouse Act of 1985 - Amends the Communications Act of 1934 to establish the Ethnic and Minority Affairs Clearinghouse within the Federal Communications Commission. Directs the Clearinghouse to: (1) establish a clearinghouse for complaints about the portrayal of ethnic and minority groups in radio and television broadcast programming; (2) collect and disseminate information about such portrayal; (3) conduct an annual conference to draw public attention to such portrayal; (4) submit to the Congress an annual report on its activities, including a compilation of all complaints received; and (5) provide information to the Commission.
United States · United States Congress · 20 March 1985
Expresses the sense of the House of Representatives that the Federal Employees Flexible and Compressed Work Schedules Act of 1982, which expires July 12, 1985, be reauthorized.
United States · United States Congress · 20 March 1985
Expresses the sense of the Congress that the provisions of the Internal Revenue Code relating to installment sales and the regulations relating to such sales should not be modified or amended in any way that will alter the manner in which mortgage-backed builder bond transactions are currently taxed.
United States · United States Congress · 19 March 1985
Amends the Equal Credit Opportunity Act to prohibit the Board of Governors of the Federal Reserve System from exempting from such Act any class of credit transactions that are primarily for personal, family, or household purposes. Permits the Board to exempt (for five years) a type or class of business or commercial transactions only after determining that application of such Act to such transactions would not contribute substantially to effecting the purposes of such Act.
United States · United States Congress · 19 March 1985
Textile and Apparel Trade Enforcement Act of 1985 - Limits the total quantity of 1985 imports of textiles and textile products from a major exporting country to the lesser of an amount equal to 101 percent: (1) of the total quantity of textile products imported from such country if the total had increased by six percent annually (one percent annually for wool products) during 1981 through 1984; or (2) if the United States has an agreement with such country providing for an annual growth rate of less than six percent, of the total quantity of such products from such country imported during 1984. Limits the total quantity of 1985 imports of textiles and textile products from an exporting country to an amount equal to the total quantity of such products imported from such country during 1984 plus: (1) 15 percent of such quantity in the case of a category that is not an import sensitive category; or (2) one percent in the case of an import sensitive category. Provides for changing the classification of a country, except for a Caribbean country, from an exporting country to a major exporting country if the total textile imports from such country equals or exceeds one and one-quarter percent of all textiles imported into the United States. Sets forth a formula for adjusting the growth of textile imports annually. Sets forth certain minimum quantities of textile imports that all countries shall be allowed to export to the United States. Requires the Secretary of Commerce to enforce this Act. Directs the Secretary, within six months of enactment of this Act, to establish an import licensing system under which an importer of textiles will be required to present an import permit as a condition of entry of such textiles. Directs the President to report to the Congress annually on the administration of this Act.
United States · United States Congress · 19 March 1985
Amends the Federal Employees Flexible and Compressed Work Schedules Act of 1982 to make permanent the authority of Federal agencies to use flexible and compressed work schedules.
United States · United States Congress · 19 March 1985
Intergenerational Education Volunteer Network Act of 1985 - Authorizes the Secretary of Education to make grants to local educational agencies (LEAs), or to public agencies and private nonprofit organizations applying jointly with one or more LEAs, to establish and operate intergenerational volunteer network programs, using senior citizen volunteers to help educationally disadvantaged children. Provides that such volunteers will tutor such children in their elementary and secondary schools and homes and will serve as liaisons between their schools and families. Provides that such funds may also be used to: (1) train volunteers, teachers, and other school personnel involved in such programs; (2) develop curricula materials; and (3) assist volunteers to pay for program-related expenses. Requires that each such grant shall be made to provide 90 percent of the cost of establishing and operating the program involved for a period of two to three years. Requires the remaining cost of such program to be provided from non-Federal sources. Provides that at least 90 percent of the amount appropriated to carry out this Act in any fiscal year may be used to make such grants. Limits to ten percent of such appropriations the amount which may be used by the Secretary for: (1) administrative costs; (2) the preparation of a biennial report to the Congress on such programs; (3) leadership training for project directors and other designated project personnel; and (4) ongoing technical assistance for such programs. Limits to ten percent that portion of such a grant which may be used by the grantee for administrative costs. Prohibits any part of such a grant from being used to: (1) pay the cost of any program established before the enactment of this Act; or (2) supplant any funds that would be available to the grantee in the absence of such grant. Requires that eligible applicants submit grant applications which describe the program and which provide assurances that: (1) local senior citizen groups and parent groups, and State agencies on education and on aging, are involved in program design; (2) local senior citizen groups and parent groups are involved in program operation; (3) good faith efforts will be made to locate for program participation senior citizen volunteers through programs under the Domestic Volunteer Service Act of 1973; and (4) only elementary and secondary schools and families eligible for assistance under title I of the Elementary and Secondary Education Act of 1965 may receive assistance under this Act. Directs the Secretary, before approving any such application, to transmit a copy of it to the Director of the ACTION Agency for review or recommendation. Prohibits the Secretary from approving such application until: (1) receipt of the Director's recommendation; or (2) 30 days after such application is so transmitted. Directs the Secretary, in approving such applications, to assure equitable distribution of such grants among the States. Authorizes appropriations for FY 1986 through 1990.
United States · United States Congress · 19 March 1985
Amends the Safe Drinking Water Act to prohibit any chemical substances from being added artificially to a public water supply for any purpose other than: (1) to render the water safe for human consumption; (2) to test the water for contamination; or (3) to improve the taste or the clarity of the water.
United States · United States Congress · 19 March 1985
Pharmaceutical Assistance to the Aged Act - Amends title XIX (Medicaid) of the Social Security Act to permit a State plan for medical assistance to provide assistance for outpatient prescribed drugs and other items for individuals who are 65 or older and who are either resident U.S. citizens or resident aliens and who have incomes below a certain level and are not otherwise eligible for medical assistance under the State medical plan, if: (1) the State has in effect a law permitting a licensed pharmacist to substitute a less expensive bioequivalent drug for another drug unless a licensed physician states that such a substitution is medically inappropriate; (2) the State plan provides that the amount of payment will not exceed the cost of the least expensive bioequivalent drug; and (3) the State has in effect a program of utilization review for such drugs. Sets forth requirements governing amounts of payments and copayments. Directs the Secretary of Health and Human Services to provide for informing individuals who are 65 or older and who are entitled to Medicare (title XVIII of such Act) benefits of the benefits available under this Act in States which have elected to have a program of pharmaceutical assistance for the aged pursuant to this Act. Requires the Secretary to promulgate final regulations by September 1, 1985, to provide for State implementation of this Act. Provides that this Act shall apply to medical assistance furnished with respect to outpatient prescribed drugs furnished on or after October 1, 1985. Directs the Secretary to maintain statistical records on State programs of pharmaceutical assistance to the aged to determine the effectiveness and impact of such programs. Directs the Secretary to report to Congress on the programs when the FY 1987 budget for the Department of Health and Human Services is transmitted to Congress.
United States · United States Congress · 7 March 1985
Anti-Apartheid Act of 1985 - Prohibits any U.S. person from making any loan to South Africa or to any organization owned or controlled by South Africa. Excludes from such prohibition a loan for any educational, housing, or health facility which: (1) is available to everyone on a nondiscriminatory basis; and (2) is located in an area accessible to all population groups. Declares that such prohibition shall not apply to loans for which an agreement is entered into before enactment of this Act. Directs the President to issue regulations prohibiting U.S. persons from making any investment (including bank loans) in South Africa. Excludes from such prohibition: (1) an investment which consists of earnings derived from a business enterprise in South Africa established before enactment of this Act and which is made in that business enterprise; or (2) the purchase of certain securities in such business enterprises. Prohibits any person, including U.S. banks, from importing into the United States any gold coin minted in or offered for sale by South Africa. Authorizes the President to waive the prohibitions against investments in South African businesses and against importing South African gold coins if: (1) the Government of South Africa meets at least one of seven conditions; (2) the President submits to the Congress a determination that such conditions are met; and (3) a joint resolution is enacted approving such determination. Authorizes the President to extend the waivers. Provides for expedited consideration of such joint resolution. Amends the Export Administration Act of 1979 to prohibit exporting computers, computer software, or goods or technology intended to service computers to or for use by South Africa or any organization owned or controlled by South Africa. Excludes from such prohibition donations of computers to primary and secondary schools. Declares that certain termination provisions of the Export Administration Act of 1979 shall not apply to such prohibition. Provides for enforcement of this Act. Sets forth penalties for violations of this Act. Directs the President to attempt to persuade through negotiations other countries to adopt restrictions on new investment in South Africa, on bank loans and computer sales to South Africa, and on the importation of krugerrands. Directs the President to submit annual reports to the Congress on the status of negotiations. Terminates the provisions of this Act and all the regulations issued to carry out this Act upon enactment of a joint resolution approving a determination submitted by the President to the Congress that apartheid in South Africa has been abolished.
United States · United States Congress · 7 March 1985
Entitles an inspector for the Immigration and Naturalization Service or the United States Customs Service to a civil service annuity after such inspector reaches age 50 and completes 20 years of combined service as an inspector, Federal fire fighter, or Federal law enforcement officer.
United States · United States Congress · 7 March 1985
Homeless Emergency Relief Act of 1985 - Directs the Secretary of Health and Human Services, through the Office of Community Services, to provide grants to local governments or nonprofit organizations for the provision of emergency services (shelter, food, and outpatient care) to homeless persons and families. Limits: (1) Federal amounts to 75 percent of project costs; and (2) individual grants to $5,000,000. Establishes in such Office the Emergency Shelter Grants Review Board which shall review applications and recommend grant recipients to the Secretary. Authorizes FY 1986 appropriations.
United States · United States Congress · 7 March 1985
Veterans Organization Charitable Contributions Tax Act of 1985 - Amends the Internal Revenue Code to allow income tax and gift tax deductions for contributions to any veterans organization (currently permissible only for contributions to a war veterans organization).
United States · United States Congress · 7 March 1985
Expresses the sense of the House of Representatives that the United States should ratify the Convention on the Prevention and Punishment of the Crime of Genocide. Declares that the House will act expeditiously on the necessary implementing legislation.
United States · United States Congress · 7 March 1985
Expresses the sense of the Congress that: (1) the United States should investigate the activities of Dr. Josef Mengele; (2) Federal agencies should cooperate in collecting information concerning him; (3) the United States should request that specified nations in which Dr. Mengele is reported to have resided commence internal investigations relating to his residence; (4) the Attorney General should report to the Congress on the progress of the Mengele investigation; and (5) the United States, in conjunction with the Federal Republic of Germany and Israel, should establish an international task force to support such investigation.
United States · United States Congress · 6 March 1985
Handgun Crime Control Act of 1985 - Title I: Amendments to Chapter 44 of Title 18, United States Code - Amends the Federal criminal code to direct the Attorney General to approve for manufacture, assembly, importation, sale, or transfer any approved handgun model which is used for lawful sporting purposes. Makes it unlawful for any licensed manufacturer, importer, dealer, or collector to manufacture, assemble, sell, deliver, or transfer any handgun (other than a curio or relic) which is not an approved model. Makes it unlawful for any non-licensee to sell or transfer any handgun (other than curio or relic) unless such person knows or has reasonable cause to believe such handgun is an approved model. Prohibits a pawnbroker from being licensed as a dealer in handguns or handgun ammunition. Directs the Attorney General to review State laws providing for permits to carry and purchase handguns and certify those meeting specified standards. Allows an individual possessing a permit under a certified State law to purchase a handgun if certain requirements are met. Makes it unlawful for a licensed dealer to transfer a handgun to a person not holding a permit under a certified State law unless certain procedures are followed. Requires in any such case that the transferee appear in person at the dealer's business premises. Requires the dealer, before delivery of the handgun, to forward a copy of a sworn statement by the transferee to the chief local law enforcement officer of the transferee's place of residence and the Federal Bureau of Investigation (FBI) for an identity and record check. Prohibits delivery until 21 days after submission of the sworn statement. Makes it unlawful for any licensed importer, manufacturer, dealer, or collector to sell to the same person, or for any non-licensee to purchase, three or more handguns during a period of one year without the prior approval of the Attorney General. Makes it unlawful for any person to fail to report the loss, theft, or disappearance of a handgun in his possession to the authorities within 24 hours after discovering such loss. Requires all licensed importers, manufacturers, and dealers to maintain accurate records of all handgun transfers. Makes any person who negligently transfers a handgun in violation of this Act civilly liable for the death or injury of an individual as a result of the use of such handgun by the transferee during commission of an offense. Makes it unlawful for any person to transport any firearm or ammunition in interstate commerce if such transportation violates a State law in a place through which the firearm is shipped or an ordinance at the place of sale, delivery, or other disposition. Increases the license fee for handgun dealers from $10 to $500 and for manufacturers and importers from $50 to $5,000. Makes it unlawful for any illegal alien, dishonorably discharged member of the armed forces, or U.S. citizen who has renounced such citizenship to possess, transport, or receive any firearm or ammunition. Amends the Omnibus Crime Control Act to allow the court to abate the penalties for using or carrying a firearm during the commission of a felony if certain mitigating factors are present. Title II: Gun Control Functions Transferred to the Attorney General - Transfers to the Attorney General all functions of the Secretary of the Treasury under the Gun Control Act of 1968. Establishes the Firearms Safety and Abuse Control Administration within the Department of Justice. Requires the Attorney General to report annually to Congress on the activities of the Administration. Title III: Miscellaneous Provisions - Directs the Advisory Commission on Intergovernmental Relations, in consultation with the U.S. Conference of Mayors and the National League of Cities, to report on the intergovernmental problems involved in controlling illicit handgun traffic and the effectiveness of the Gun Control Act of 1968.
United States · United States Congress · 6 March 1985
Amends the Internal Revenue Code to allow an individual taxpayer to designate that $2 of income tax payments be paid over to the World Hunger Trust Fund. Establishes within the Treasury a World Hunger Trust Fund. Appropriates to such trust fund revenues equivalent to that designated by individual taxpayers to be paid over to the trust fund. Authorizes expenditures from such trust fund to provide such relief from hunger as the President determines to warrant emergency assistance.
![Official portrait of Rep. Addabbo, Joseph P. [D-NY-6]](https://www.congress.gov/img/member/a000052_200.jpg)