United States · United States Congress · 24 January 1985
Civil Rights Restoration Act of 1985 - Amends the Education Amendments of 1972, the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Civil Rights Act of 1964 to provide a definition of the phrase "program or activity." Defines such term as all of the operations of: (1) a department or agency of a State or of a local government; (2) the entity of such State or local government that distributes Federal assistance and each such department or agency to which the assistance is extended; (3) a university or a system of higher education; (4) a local educational agency or other school system; (5) a corporation, partnership, or other private organization; or (6) any other entity consistent with the coverage provided above.
United States · United States Congress · 24 January 1985
Community Renewal Employment Act - Title I: General Purpose and Authority - Declares that the purpose of this Act is to provide employment opportunities to long-term unemployed individuals in high unemployment areas through payments for labor and related costs associated with the repair, maintenance, or rehabilitation of essential community and educational facilities and with public safety, health, social service, and other activities related to the public welfare. Makes individuals aged 16 or older eligible to participate in such program only if they are unemployed at the time of eligibility determination and for at least 15 of the 20 weeks prior to such determination, with specified exceptions. Limits wages for eligible individuals to 52 weeks in a two-year period. Requires that priority be given to those who have exhausted or are otherwise not eligible for unemployment insurance benefits, particularly: (1) those who have been unemployed for the longest periods immediately preceding selection; and (2) those residing in families in which no other member is employed on a full-time basis. Requires that special consideration in selecting participants for employment under this Act in employment counseling and other services for veterans should be given to veterans who otherwise meet participant eligibility requirements. Allows, upon certain determinations, up to ten percent of eligible participants selected by a recipient for subsidized employment from funds under this Act to be individuals unemployed for less than 15 weeks. Makes the State employment service agency, in certifying eligible participants and in referring them for employment under title II or III, responsible for ensuring equal employment opportunities and the full participation of traditionally underrepresented groups. Makes each recipient of funds under title II or III responsible for ensuring such opportunities and such participation in the selection of eligible participants for such employment. Requires that not less than 75 percent of title II and III funds be used to provide wages and employment benefits to eligible participants for work which the recipient certifies has been performed in one or more authorized activities. Permits up to 15 percent of funds provided to a title II or III recipient to be used for the cost of administration and up to ten percent for the acquisition of supplies, tools, equipment, and other materials. Permits payment of such costs from non-Federal sources or Federal sources other than this Act. Requires recipients, to the extent feasible, to ensure that supplies, tools, equipment, or other materials purchased or procured have been manufactured, mined, or produced in the United States. Permits title II funds to be used for costs associated with training and related support for a number of participants, if: (1) employers are committed to fill an equal number of unsubsidized jobs with participants who have successfully completed such training; (2) the recipient has an agreement with a qualified public or private nonprofit provider of such training services; and (3) costs of training and support do not exceed, on a weekly basis, the maximum wage payable with funds under this Act. Limits the rate of salaries or wages paid to administrative or supervisory employees from funds available for administrative costs. Establishes a career preparation demonstration program. Authorizes appropriations for FY 1986 through 1989 for such program. Directs the Secretary of Labor, using the Office of the Job Corps, to establish in each of the Federal regions four career preparation demonstration centers (equitably distributed between rural and urban areas) for combined written, audiovisual, and computer-based materials within the basic instructional format developed by the Job Corps to train eligible participants. Imposes certain requirements on such Centers. Provides that up to five of the Centers shall be designated high technology training centers for training combined with subsidized internship in the private sector for career preparation in high technology occupations including robotics, health technology, and computer operations. Limits payments for weekly costs of such subsidized internship to the maximum wage payable with funds under this Act. Title II: Community Renewal Employment Programs - Part A: Community Improvement Projects - Sets forth provisions for employment activities in community improvement projects. Requires that eligible participants be employed in community improvement projects, in one or more listed activities involving: (1) public facilities repair, rehabilitation, or improvement; (2) public lands conservation, rehabilitation, or improvement; or (3) public safety, health, social service, and other activities necessary to the public welfare. Provides that, for purposes of community improvement projects provisions, "project" means a definable task or group of related tasks which: (1) will be carried out by a government department, public agency, private nonprofit organization, or private contractor; (2) will be completed within 18 months; (3) is an authorized activity; (4) will result in a specific product or accomplishment; and (5) would not otherwise be conducted with existing funds. Permits projects which are to be carried out under provisions for public lands conservation, rehabilitation, and improvement to involve lands other than public or Indian lands only when such projects will provide a documented public benefit and when the recipient will be reimbursed for that portion of the total costs of the project which does not provide a public benefit. Makes eligible entities under title II: (1) States; (2) local governments with populations of 50,000 or more; (3) consortia of local governments; (4) existing concentrated employment program grantees serving rural areas under the Job Training Partnership Act; and (5) Native American Indian, Alaska Native, and Oklahoma Indian groups. Provides that States shall qualify as an eligible entity to serve any area of the State: (1) not under the jurisdiction of any other eligible entity; or (2) for which no eligible entity has filed a statement on the use of funds within 30 days of allotment of funds. Provides that larger units of local government shall not qualify as the eligible entity to serve any smaller unit which is, or is part of, an eligible entity which has filed a statement on use of funds. Sets forth provisions for allotment of title II funds (exclusive of the amount available for part C). Directs the Secretary to reserve two percent of such funds for allotment among Native American eligible entities. Directs the Secretary to allot the remainder among eligible entities on the basis of relative numbers of certain categories of unemployed residents of each eligible entity. Directs the Governor to use the same formula in making available amounts to each jurisdiction within the area for which the State is an eligible entity (but requires that no amount less than $25,000 be made available to any such jurisdiction and that any unallocated amounts be reallocated among other jurisdictions which meet the $25,000 minimum requirement). Sets forth requirements for receipt of an allotment by an eligible entity. Requires eligible entities within 30 days of receipt of notice, to submit statements which: (1) designate a fiscal agent for receipt of payments; (2) agree to use funds in accordance with this Act; and (3) agree to provide quarterly reports on such use. Directs the Secretary, within 30 days after the final day for submission of such statements, to make a final allotment. Sets forth a formula for determining a required minimum allotment to any State which is the single eligible entity for such State. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by the eligible entities. Prohibits the Secretary from withholding, suspending, or terminating the payment of any installment of an allotment except in accordance with provisions for sanctions under this Act. Sets forth requirements relating to project design. Requires eligible entities to give priority to projects on the basis of: (1) unemployment severity and duration with localities in its area; (2) the degree to which projects will lead to expansion of unsubsidized private employment opportunities; and (3) the level of need for activities and services to be provided. Requires, to the extent feasible, coordination of employment opportunities established with title II funds with other specified Federal, State, and local activities. Part B: Community Improvement Activities for Youth Trainees - Sets forth provisions for youth trainee activities. Requires that at least 20 percent of the funds available to an eligible entity from its Part A allotment for community improvement projects shall be used for eligible youth wages and benefits for part-time employment up to 32 hours per week. Allows such employment to be: (1) in any authorized employment activity in community improvement projects; or (2) at a worksite operated by a public or private nonprofit agency or organization or by an employer organized for profit. Requires that such employment be provided in a manner which requires, and is consistent with, the youth's enrollment for at least eight hours a week in: (1) high school; (2) a high school equivalency program; or (3) a program of skill training or basic skill or employability development, including a career preparation demonstration program. Permits funds for youth trainee activities to be used in activities which also receive funds under other Federal, State, local, public, or private education or training programs. Makes eligible for youth trainee activities any youth aged 16 through 19 who is certified to be currently unemployed by the State employment service agency. Requires eligible entities, in selecting such participants, to give priority to economically disadvantaged individuals and to serve eligible school dropouts, among such individuals, on an equitable basis. Part C: State Job Programs - Sets forth provisions for financial assistance for State job programs. Reserves five percent of title II funds for each fiscal year for purposes of this part. Allots such funds for this part among the States, in accordance with specified provisions, on the basis of relative numbers of residents who have been unemployed for 15 or more weeks. Requires that such State allotments be used for employment of eligible participants under this Act through: (1) State-administered programs and activities authorized under community improvement project provisions, such as State parks, forests, and conservation programs, State hospitals and other health care facilities, State correctional institutions and programs, and State-administered social service programs; (2) special assistance (in conjunction, as appropriate, with eligible entities under title II) for areas which have experienced sudden or severe economic dislocations, including large-scale losses of jobs caused by the closing of facilities or mass layoffs; (3) State-directed emergency aid programs to cope with natural disasters, including erosion, flood, drought, and storm damage assistance and control activities; and (4) special assistance to seasonal farmworkers and small farmers in rural, agricultural areas which have experienced substantial losses of jobs due to the rising numbers of farm mortgage foreclosures and other severe economic disruption (in conjunction, as appropriate, with eligible entities under title II or with related programs under the Job Training Partnership Act). Directs States to give special consideration to establishing programs and activities which will provide job sites: (1) within areas in the State in which the unemployment rate equals or exceeds the national average; or (2) if there are no such areas, within areas in which the unemployment rate equals or exceeds the State average. Directs States to evaluate projects on the basis of severity and duration of unemployment within localities and the level of need for activities and services to be provided. Requires States, within 30 days after receiving notice of such allotment, to submit statements of agreement to use such funds in accordance with this Act and to provide quarterly reports. Directs the Secretary, within 30 days after the final day for such submissions, to make a final allotment. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by the States. Prohibits the Secretary from withholding, suspending, or terminating the payment of any installment of an allotment except in accordance with provisions for sanctions under this Act. Title III: Educational Facility Repair and Renovation Employment Activities - Part A: Elementary and Secondary School Facility Improvement Jobs - Sets forth provisions for school facility repair and renovation projects. Requires that funds made available to any local educational agency (LEA) under this part be used for projects and activities (in accordance with the limitation on the use of funds under title I) to employ eligible participants (qualifying under title I provisions) in the repair, renovation, or rehabilitation of public school facilities. Requires that, to the maximum extent feasible, funds under this part be used for projects and activities for which on-site labor can begin within 90 days of receipt of such funds. Requires that such funds be used in accordance with State and local procedures for: (1) assisting SEAs and LEAs to conform their public school facilities with specified requirements under the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973, and with requirements of any government environmental protection or health and safety programs; (2) public school facilities repair, renovation, or rehabilitation; (3) conversion of presently unused structures into adult training centers; (4) energy efficiency remodeling or renovation; and (5) asbestos detection, removal, or containment in facilities used by students. Requires that funds under this part which are made available to the Secretary of the Interior shall be made available to Indian tribal schools, upon applications containing specified information. Directs the Secretary of the Interior, within 120 days after enactment of this Act, to promulgate regulations for such grants program, including priorities for such program. Declares that the Department of the Interior shall be considered a State education agency (SEA) for purposes of requirements for receipt of allotments under this part. Provides that nothing in this Act shall be construed to relieve the Secretary of the Interior of the responsibility to provide adequate and equitable funding under the Snyder Act for the operations and maintenance of Indian tribal school facilities. Directs the Secretary of Education (the Secretary for purposes of this title) to make the allotment of funds for this part from 75 percent of the funds available for this title. Directs the Secretary to allot, from funds for this part: (1) one-half of one percent to specified U.S. territories and possessions in accordance with their respective needs; and (2) one-half of one percent to the Secretary of the Interior for grants to Indian tribal schools. Directs the Secretary to allot the remainder among the States on the basis of relative: (1) number of unemployed individuals; (2) number of unemployed individuals in each county in excess of six and one-half percent of the civilian labor force; (3) number of unemployed individuals in each county in excess of the national average unemployment rate; and (4) amount of basic grant funds received under chapter 1 of the Educational Consolidation and Improvement Act of 1981 (ECIA). Prohibits any SEA from reserving more than one percent of the State allotment for administrative costs and four percent to meet special needs. Directs the SEA to allocate the remainder: (1) among the counties on the same basis used for State allotments; and (2) within each county on the basis used by that State in distributing funds under chapter 1 of ECIA. Sets forth requirements for receipt of allotment. Requires SEAs to submit, within 30 days after receiving notice of such allotment, a statement of agreement to use such funds in accordance with this Act and to provide quarterly reports. Directs the Secretary, within 30 days after the final day for such submissions, to make a final allotment. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by SEAs. Prohibits the Secretary from withholding, suspending, or terminating payment of any allotment installment except in accordance with sanctions provisions of this Act. Part B: Higher Education Facility Improvement Jobs - Sets forth provisions for academic facility repair and renovation projects. Requires that funds made available to any institution of higher education under this part be used for projects and activities (in accordance with title I limitation of funds provisions) to employ eligible participants (qualifying under title I provisions) in repair, renovation, or rehabilitation of academic facilities. Requires that, to the maximum extent feasible, funds under this part be used for projects and activities for which on-site labor can begin within 120 days of receipt of such funds. Requires that funds allotted to each State under this part be made available, in accordance with its State plan under the Higher Education Act of 1965, through the higher education building agency to assist institutions of higher education in the repair, renovation, and rehabilitation of academic facilities and libraries if the primary purpose of such assistance is to enable such institutions to: (1) economize on the use of energy resources, with a priority for the use of coal, solar, and renewable resources; (2) conform their academic facilities and libraries with specified requirements under the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973, and with requirements of government environmental protection or health and safety programs; (3) renovate research facilities and postsecondary technician training facilities; and (4) detect, remove, or contain asbestos hazards in facilities used by students. Sets forth requirements for receipt of allotment. Requires States to submit, within 30 days after receiving notice of such allotment, statements: (1) designating a fiscal agent for receipt of allotment payments; and (2) agreeing to use such funds in accordance with this Act and to provide quarterly reports. Directs the Secretary, within 30 days after the final day for such submissions, to make a final allotment. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by the States. Prohibits the Secretary from withholding, suspending, or terminating payment of any allotment installment except in accordance with sanctions provisions of this Act. Part C: Special Definitions for Title III - Sets forth special definitions for purposes of this title. Title IV: State Employment Service Responsibilities - Authorizes appropriations for FY 1983 and succeeding fiscal years to enable the United States Employment Service (USES) to provide funds to State employment service agencies to provide the following services in accordance with agreements with recipients under titles II and III: (1) certification of eligible participants in accordance with title I provisions, and their referral to available job openings; and (2) labor market information and job search services, including counseling, to assist participants in finding regular unsubsidized employment as soon as possible, with special emphasis on services for those approaching the maximum duration for participants under this Act. Sets forth provisions for State job bank systems. Authorizes appropriations for FY 1986 through 1989, to be made available by USES for development and implementation of job bank systems in each State, designed to use computerized electronic data processing and telecommunications systems for certain purposes. Requires, where possible, that such systems be able to use software compatible with other systems (including management information, unemployment insurance, and other income maintenance programs) used in employment and training administration. Requires that, in the development of such systems, special consideration be given to the advice and recommendations of the State occupational information coordinating committees and other users of such systems. Title V: General Provisions - Sets forth general requirements relating to employment and projects under this Act. Sets forth nondiscrimination provisions. Prohibits projects involving construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or religious worship. Requires that funds under this Act be used only for activities which are in addition to those which would be available in the area in the absence of such funds. Prohibits providing funds for subsidized employment under this Act to private organizations to conduct activities customarily performed by public employees in the area. Limits participation in title II or III activities to residents of the area of the recipients. Prohibits the employment, in a subsidized wage position under this Act, of individuals who have voluntarily terminated without good cause, within the preceding six months, full-time employment at or exceeding the Federal minimum wage. Prohibits the funding of any program involving political activities. Requires that participants in subsidized employment under this Act be paid at least the highest of the Federal, State, or local minimum wage, or the prevailing rate of pay for employment in similar occupations by the same employer. Limits the portion of any wages paid from funds under this Act to $230 per week. Adjusts such maximum annually according to national aggregate wage and salary increases. Permits such wages to be supplemented by other sources, up to an amount equal to 50 percent of such maximum. Requires that participants be allowed sufficient time off from work activities to participate effectively in job search activities. Permits funds under this Act to be used to employ individuals in part-time, flexible-time, and work-sharing employment customarily offered by the employer, if such individuals receive benefits customarily provided with such employment by the same employer. Requires programs under this Act to maintain an individual work record for each participant. Requires that any funds appropriated for this Act which are allotted for any fiscal year be available for expenditure by the recipient during a one-year period beginning on the date of payment. Prohibits revocation or cancellation of any part of any allotment as long as such funds are expended within such period. Directs the Secretary (of Labor or Education, as appropriate) to reallot any funds not expended during such period among other eligible recipients. Directs the Secretary to insure that each individual participating in any program established under this Act, or receiving any assistance or benefit under this Act, has not violated specified provisions of the Military Selective Service Act by not presenting and submitting to registration. Directs the Director of the Selective Service System to cooperate with the Secretary in carrying out this requirement. Makes regulations promulgated by the Secretary under specified provisions of the Comprehensive Employment and Training Act as in effect on April 1, 1981, applicable to funds provided under this Act for the purposes of assuring against program abuses. Sets forth program labor standards relating to conditions of employment and training, health and safety standards, workers' compensation benefits, and job benefits and working conditions. Prohibits the use of funds under this Act for contributions on behalf of any participant to retirement systems or plans. Prohibits displacement of any currently employed worker by participants in programs funded under this Act. Prohibits such programs from impairing existing contracts for services or collective bargaining agreements. Requires the written concurrence of the labor organization and the employer concerned before any such program which would be inconsistent with the terms of a collective bargaining agreement may be undertaken. Prohibits program participants from being employed or job openings from being filled when: (1) any other individual is on layoff from the same or any substantially equivalent job; or (2) the employer terminates the employment of any regular unsubsidized employee in the same or any substantially equivalent job or otherwise reduces the number of regular unsubsidized employees in such jobs. Prohibits the employment of, or the filling of a job opening by, any participant whose wages are subsidized under this Act in any "government" (meaning a State or local government, public agency, or local educational agency) department having 25 or more regular unsubsidized employees, unless the number of such employees currently employed is at least equal to a number determined according to a specified formula. Prohibits the creation of jobs in a promotional line that will infringe in any way on the promotional opportunities of currently employed individuals. Requires that quarterly reports submitted under specified provisions of this Act: (1) be transmitted by the recipient to any labor organization representing government employees who are engaged in work similar to that performed by employees whose wages are subsidized under this Act; (2) set forth specified information relating to numbers of unsubsidized and subsidized employees of government departments in which subsidized employment is provided under this Act; and (3) include a statement identifying and explaining job reductions in any department where there has been a decline of unsubsidized employees above a specified amount over a certain period. Sets forth procedures for review of complaints by employees or labor organizations concerning violations of this Act by governments employing subsidized employees. Requires repayment of any funds under this Act expended in such violations. Requires recipients of funds under this Act to provide the Secretary with assurances that none of such funds will be used to assist, promote, or deter union organizing. Requires that an opportunity for comment be provided for any labor organization representing a substantial number of employees engaged in similar work or training in the same areas as that proposed to be funded under this Act. Applies the wage rate requirements of the Davis-Bacon Act to all laborers and mechanics employed by contractors or subcontractors in works federally assisted under this Act. Provides that such rates are not required to be paid to participants under this Act unless they are employed in connection with projects funded by this Act in whole or in part, exclusive of wages and benefits, or projects covered by any other statute requiring the payment of such Davis-Bacon Act wage rates. Sets forth provisions for fiscal controls and sanctions under this Act. Sets forth provisions for judicial review of any corrective action or sanction imposed under this Act. Authorizes appropriations to provide opportunities for unemployed individuals under this Act. Authorizes such appropriations in a specified amount for FY 1986. Limits the authorization of such appropriations in each succeeding fiscal year to an amount equal to the product of $10,000 multiplied by 20 percent of the number of "long-term unemployed individuals" (i.e. the average number of individuals in the civilian labor force who, in the first three months of the fiscal year for which the appropriation is to be made, had been unemployed for 15 or more weeks as determined by the Bureau of Labor Statistics on a seasonally adjusted basis). Provides that, if the national average rate of unemployment in the civilian labor force is less than ten percent in the first three months of the calendar year in which begins the fiscal year for which such an appropriation is to be made, the "20 percent" in such formula shall be decreased by five percentage points for each full percentage point by which such national average rate of unemployment is less than ten percent. Provides that, for any fiscal year, 80 percent of such appropriations shall be available for purposes of title II (Community Renewal Employment Programs) and 20 percent shall be available for title III (Educational Facility Repair and Renovation Employment Activities).
United States · United States Congress · 24 January 1985
Youth Incentive Employment Act - Establishes a program to provide part-time school year employment and full-time (or part-time with training) summer employment to economically disadvantaged youths who pursue further education and training. Provides that an individual may qualify to be an eligible youth for program participation purposes if such individual: (1) is 16 to 19 years of age, inclusive, at the time of assignment to a worksite; (2) is economically disadvantaged; (3) is not employed; (4) resides in the service delivery area (SDA) of the administering entity; and (5) has entered into a commitment to pursue further education and training. Requires such individuals to sign a written commitment to: (1) attend either a secondary school for a diploma, an alternative education program for a high school equivalency certificate, a remedial education program, or a skill training program; and (2) meet attendance and performance standards of such school or program and at the worksite to which the individual is referred for employment under this Act. Gives priority for selection under youth incentive plans to eligible youths who are educationally at risk. Terminates an individual's status as an eligible youth upon a finding by the administering entity, after an opportunity for a hearing, that the individual has failed to comply with the commitment. Requires that funds provided under this Act be used to establish and assist programs which assist eligible youth with qualifying employment in the form of: (1) part-time employment during the regular school year, not to exceed 80 hours per month; (2) part-time employment, during the months between regular school years, which is combined with remediation, classroom instruction, or on-the-job or apprenticeship training; and (3) full-time employment for a period of at least eight weeks during the months between regular school years, not to exceed 40 hours per week. Permits funds provided under this Act to be used to pay up to the following percentages of the wages and benefits and the costs of any employer-provided instruction and training of an eligible youth: (1) 100 percent during the first six months of qualifying employment; and (2) 75 percent during any succeeding months of such qualifying employment. Prohibits the use of funds provided under this Act to pay any portion of the wages and benefits of any individual: (1) for full-time employment during the months between the regular school year with a for-profit institution or organization unless such employment is a continuation of employment with that employer during the regular school year; or (2) if the employer has failed to develop or enforce attendance and performance standards consistent with youth incentive plan provisions. Sets forth general requirements for receipt and restrictions on the use of funds under this Act. Provides that the administering entity for any SDA under this Act is the same entity selected to administer the job training plan for that SDA pursuant to the Job Training Partnership Act (JTPA). Requires administering entities to: (1) develop and submit to the Secretary of Labor (the Secretary) a youth incentive employment plan; and (2) provide from other Federal or State sources, or from local public or private sources, at least 20 percent of program costs for each program year, in cash or in kind. Requires that, of the funds provided to an administering entity for any program year under this Act: (1) at least 70 percent be expended for wages and benefits for qualifying employment, and child care, transportation, or other supportive service expenses for individuals engaged in such employment; (2) not more than 15 percent be expended for provision of basic education services, and of that amount not more than 15 percent be expended for the performance of specified functions. Sets forth requirements relating to youth incentive plans. Requires such plans to contain specified provisions, including: (1) a description of the specific outreach services and programs that will be established to ensure participation in qualifying employment by eligible youths who are school dropouts, as well as by in school youths; (2) assurances that special efforts will be made to recruit youth from families receiving public assistance, including parents of dependent children who meet the age requirement of this Act; and (3) a description of any arrangements made with labor organizations to enable youths to enter into apprenticeship training as part of employment provided under this Act. Requires that such plans, before they are submitted to the Secretary, be: (1) approved by the appropriate chief elected officials and the private industry council for the SDA; and (2) submitted for review and comment to the Governor and the State job training coordinating council, with any comments of the Governor and the council and any reasons for nonconformance with the Governor's and the council's suggestions, as well as a statement that the Governor has reviewed the plan for consistency with the Governor's coordination and special services plan under JTPA. Directs the Secretary, for each of the program years beginning on July 1, 1986, 1987, and 1988, to select a representative sample of SDAs and direct such SDAs to include in their youth incentive plans a description of a performance bonus system to reward those students who show continued improvement in their academic performance. Directs the Secretary to: (1) approve any plan submitted in compliance with the requirements of this Act; and (2) only disapprove a plan after notice and opportunity for a hearing to the administering entity. Requires that specified funds under this Act be used to develop and carry out programs for improving the basic education skills of eligible youth participating in employment and training programs under this Act. Sets forth requirements relating to such basic education services. Provides that no funds shall be awarded to fund such an education program for more than two years unless there is: (1) improved performance on a State or locally approved test of basic academic skills by youth who are enrolled in employment programs under this Act; or (2) a decrease in the drop-out rate of students enrolled in such programs. Sets forth special conditions relating to activities using funds under this Act. Requires certain wage rates under this Act. Authorizes the Secretary to prescribe wage rates for youth participants for projects financed with under $5,000 to which Davis-Bacon Act provisions would otherwise apply. Authorizes appropriations for FY 1986 and succeeding fiscal years for allocation to administering entities for programs under this Act. Directs the Secretary to reserve a specified amount of such appropriations for allotment among Native American eligible entities, on an equitable basis, taking into account the extent to which regular employment opportunities have been lacking for long-term periods among individuals within the jurisdiction of such entities. Requires that the remainder be allocated among administering entities with an approved youth incentive plan on the basis of numbers in each SDA of: (1) economically disadvantaged youth; (2) unemployed residents; and (3) excess unemployed residents (i.e. those in excess of six and one-half percent of the civilian labor force in the SDA). Directs the Secretary to: (1) also reserve one-half of one percent of such appropriations for any fiscal year for evaluation of programs under this Act; and (2) use 60 percent of such reserved funds for general evaluation of programs and 40 percent for an in-depth study by the National Institute of Education of activities and programs designed to serve drop-out youth under this Act. Requires that such allocations to an administering entity for an SDA be paid to the JTPA grant recipient for that SDA. Provides for a program year basis for funding beginning with FY 1987. Makes FY 1986 appropriations available both to funds activities for the period between October 1, 1985, and July 1, 1986, and for the program year beginning July 1, 1986. Authorizes additional appropriations for the transition to program year funding. Makes specified administrative and enforcement provisions of JTPA applicable to programs under this Act. Requires the administering entity to make quarterly reports to the Secretary on the youth incentive projects authorized under this Act. Requires such reports to include specified topics. Directs the Secretary to compile such reports and submit a summary of the findings to the Congress in the annual report for employment and training programs required under JTPA.
United States · United States Congress · 24 January 1985
Expresses the sense of the House of Representatives that no changes be enacted in current law that would reduce or delay cost-of-living adjustments for beneficiaries under the Social Security Act.
United States · United States Congress · 24 January 1985
Expresses the sense of the Congress that no law should be enacted which would: (1) increase the costs to be incurred by beneficiaries under titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act; or (2) make more restrictive the eligibility requirements under such titles.
United States · United States Congress · 22 January 1985
Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies for Veterans Administration (VA) adjudication purposes the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Requires the chairman of the Board of Veterans' Appeals to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees in successful veterans' claims brought before a court as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 22 January 1985
National Commission on Neurofibromatosis Act - Directs the Secretary of Health and Human Services to establish within 60 days a National Commission on Neurofibromatosis which shall formulate a plan to identify the research needed to develop an effective treatment and a cure for neurofibromatosis. Sets forth operating and related provisions. Authorizes the Commission to transmit interim reports. Requires the Commission to make a final report to the President and to each House of the Congress within two years. Terminates the Commission three months after submission of the final report. Authorizes appropriations.
United States · United States Congress · 22 January 1985
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that disability insurance benefits for an individual having a terminal illness shall begin with the first month such individual has such illness.
United States · United States Congress · 22 January 1985
Expresses the sense of the Congress that the Federal Home Loan Bank Board should delay until June 30, 1985, the effective date of its proposed regulations regarding limitations on direct investment in real estate, service corporations, and equity securities by federally insured savings and loan associations. Directs the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance, and Urban Affairs of the House of Representatives to examine alternatives to the proposed regulations which will ensure safety and sound investment activities.
United States · United States Congress · 21 January 1985
Title I: Amendments to the Reorganization Act of 1977 - Reorganization Extension Act of 1985 - Extends the authority of the President to reorganize the executive branch until December 31, 1986 (currently December 31, 1984). Revises the congressional veto procedure to conform to such extension. Title II: Improvements in Congressional Oversight of Federal Regions - Oversight of Federal Regions Act of 1985 - Establishes, by law, the Federal regions into which the departments and agencies are divided for administrative purposes as in effect on December 31, 1984. Allows any reorganization plan to provide for the abolition or consolidation of such regions.
United States · United States Congress · 21 January 1985
Amends the Steel Import Stabilization Act to direct the U.S. Trade Representative, in negotiating with Japan and South Korea on steel products import limits, to negotiate the apportionment of the aggregate limit among specified subcategories of steel products. Directs the U.S. Trade Representative to apportion the aggregate limit if such negotiations are not successfully concluded within 30 days of the enactment of this Act. Sets forth such subcategories.
United States · United States Congress · 7 January 1985
State and Local Narcotics Control Assistance Act of 1985 - Authorizes the Attorney General to make grants to States to assist States and local governments to increase their drug enforcement activities. Requires such grants to be based on the relative needs of the States, taking into consideration the severity of drug trafficking and abuse and the availability of State and local resources to resolve such problems. Establishes a procedure for grant applications. Requires such an application to include a State-wide strategy for the enforcement of State drug laws. Imposes limitations on the use of such grants, including a maximum ten percent allocation for administrative purposes. Requires each State which receives a grant to submit a yearly report to the Attorney General, who shall in turn report to the Congress with respect to such grants. Allows the Secretary of Health and Human Services to make grants to States for developing more effective drug abuse prevention, treatment, and rehabilitation programs. Establishes a procedure for grant applications. Authorizes appropriations for both grant programs for FY 1986 through 1990.
United States · United States Congress · 7 January 1985
Alzheimer's Disease and Related Disorders Treatment Act of 1985 - Directs the Secretary of Health and Human Services to designate 20 centers for the treatment of Alzheimer's disease and related disorders. Requires such centers to: (1) provide a central facility for diagnosis, evaluation, and counseling; (2) develop standards of treatment and methods of delivering cost-effective services; (3) train professionals and nonprofessionals in diagnosing and treating such disorders; and (4) develop a comprehensive acute and long-term treatment program. Authorizes FY 1986 through 1990 appropriations. Directs the Secretary to make $1,000,000 available to each center for each of at least five years for teaching, training, research, and staffing. Permits eligible persons to elect to receive benefits as provided for by this Act rather than under titles XVIII (Medicare), XIX (Medicaid), or XX (Grants to States for Service) of the Social Security Act, or under the Older Americans Act of 1965.
United States · United States Congress · 7 January 1985
National Institute of Arthritis and Musculoskeletal Diseases Act of 1985 - Amends title IV (National Research Institutes) of the Public Health Service Act to establish a National Institute (Institute) of Arthritis and Musculoskeletal Diseases in the National Institutes of Health (NIH). Redesignates the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases as the National Institute of Diabetes and Digestive and Kidney Diseases. States that the Institute shall conduct research and related activities concerning arthritis, musculoskeletal diseases and skin diseases. Requires the Director of the Institute, with the advice of the National Arthritis and Musculoskeletal Advisory Council, to establish a national plan to coordinate such activities. Establishes within the Institute: (1) the National Arthritis and Musculoskeletal Diseases Data System; and (2) the National Arthritis and Musculoskeletal Diseases Information Clearinghouse. Authorizes appropriations through FY 1988. Establishes within the Institue: (1) an Arthritis and Musculoskeletal Diseases Interagency Coordinating Committee; and (2) a Skin Diseases Interagency Coordinating Committee. Requires annual reports to the Secretary of Health and Human Services and to the Director of NIH. Establishes within the Institute a National Arthritis and Musculoskeletal Diseases Advisory Council. Authorizes appropriations through FY 1988 for arthritis and musculoskeletal demonstration projects and multipurpose disease centers. Requires the Institute to submit a biennial report. Transfers arthritis-related functions (including data system, advisory functions, coordinating functions, demonstration project, and multipurpose center), funds, personnel, and assets to the Institute from the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases. Requires the secretary to report to the appropriate congressional committees and to the Comptroller General within 60 days regarding such transfers. Requires the Comptroller General to report to the appropriate congressional committees within 80 days regarding such transfers. Terminates the National Arthritis Advisory Board. Makes conforming amendments. Requires the Secretary, through NIH, to conduct a study of the existing combinations of disease research programs within the institutes and of the standards to be followed in establishing new or realigning existing institutes. Requires a report to the appropriate congressional committees within 18 months. Prohibits the establishment of any new institutes within six months of such report's submission. Directs the Secretary to conduct and complete within 60 days a review of the disease research programs of the National Institute of diabetes and Digestive and Kidney Diseases (as redesignated by this Act) to determine if any of these programs could be more effectively managed by other national research institutions.
United States · United States Congress · 7 January 1985
Amends the Tax Reform Act of 1984 to provide that an individual who, as of September 12, 1984, was performing services for one member of a corporate group and was eligible for nontaxable air travel benefits provided by a corporate affiliate shall continue to be eligible for such benefits if as of that date: (1) the primary business of the affiliated group was air transportation of passengers; and (2) at least 50 percent of the persons performing services for the corporation for which the individual is currently performing services were employees of or had previously performed services for the second such corporation.
United States · United States Congress · 3 January 1985
National Observance Advisory Act - Establishes the President's Advisory Commission on National Observances to establish criteria for recommending to the President that a proposed national observance be approved or disapproved.
United States · United States Congress · 3 January 1985
Civil Liberties Act of 1985 - Title I: Recognition of Injustice and an Apology on Behalf of the Nation - States that the Congress recognizes that a grave injustice was done to both citizens and resident aliens of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II. Title II: United States Citizens of Japanese Ancestry and Resident Japanese Aliens - Requests the President to offer pardons of those convicted of violating laws during the internment period whose violation was based on a refusal to accept racially discriminatory treatment. Provides that Federal departments and agencies that review applications for restitution of positions, status, or entitlement lost during the internment period shall review such applications giving full consideration to the findings of the Commission on Wartime Relocation and Internment of Civilians. Establishes within the Treasury a Civil Liberties Public Education Fund. Authorizes appropriations for the Fund. Requires the Attorney General to pay $20,000 from the Fund to each surviving internee. Establishes a Board of Directors which shall be responsible for making disbursement from the Fund. Provides that disbursement from the Fund shall be used to: (1) sponsor research and public educational activities dealing with the internment; (2) fund studies of similar civil liberties abuses; (3) prepare and distribute hearings and findings of the Commission; and (4) promote the general welfare of the ethnic Japanese community in the United States. Title III: Aleutian and Pribilof Islands Restitution - Aleutian and Pribilof Islands Restitution Act - Establishes within the Treasury the Aleutian and Pribilof Islands Restitution Fund. Directs the Administrator of the Fund (the Aleutian/Pribilof Islands Association) to make restitution for certain Aleut losses sustained in World War II. Requires the Administrator to establish a trust of $5,000,000 and to distribute the interest of such trust for: (1) the benefit of the elderly, disabled, or seriously ill; (2) students in need of scholarship assistance; (3) preservation of Aleut cultural heritage and historical records; (4) the improvement of community centers of affected Aleut villages; and (5) other purposes to improve Aleut life. Authorizes the Administrator to rebuild and restore churches and church property damaged or destroyed in Aleut villages during World War II. Requires the Secretary of the Treasury to make payments of $12,000 from the fund to each eligible Aleut for any uncompensated personal property loss. Authorizes the Secretary of the Army to implement a program for the removal and disposal of live ammunition, obsolete buildings, abandoned machinery, and other hazardous debris remaining in populated areas of the lower Alaska Peninsula and the Aleutian Islands. Authorizes the Secretary of the Interior to convey to the Aleut Corporation all right, title, and interest of the United States in Attu Island, Alaska. Authorizes appropriations. Title IV: Miscellaneous Provisions - Provides that all documents, personal testimony, and other material collected by the Commission on Wartime Relocation and Internment of Civilians shall be deposited in the National Archives of the United States.
United States · United States Congress · 3 January 1985
Amends the Fair Debt Collection Practices Act to require that any attorney who collects debts on behalf of a client be subject to the provisions of such Act.
United States · United States Congress · 3 January 1985
Construction Industry Labor Law Amendments of 1985 - Amends the National Labor Relations Act to provide that in the construction industry two or more business entities engaged in the same or similar work with common ownership or control shall be deemed a single employer. Applies the terms of a collective bargaining agreement regarding employees of such business entities to all other business entities comprising the same single employer within the geographical area covered by the agreement. States that collective bargaining agreements may only be repudiated after the National Labor Relations Board certifies election results in which a majority of the employees select a bargaining representative other than the representative with whom such agreement was made.
United States · United States Congress · 3 January 1985
Defense Economic Adjustment Act - Title I: Defense Economic Adjustment Council - Establishes in the Executive Office of the President the Defense Economic Adjustment Council to be cochaired by the Secretaries of Commerce and Labor. Establishes in the Executive Office an Office of Economic Adjustment, headed by a Director, to provide staff support to the Council. Directs the Council to disseminate information from the Secretary of Defense to Federal, State, and local agencies concerning proposed or pending changes in defense spending which would affect employment in the defense industry. Requires the Council to perform other duties, including: (1) encouraging the preparation of plans for non-defense-related public projects; (2) coordinating and developing information on priority, federally funded projects and programs pertaining to defense economic adjustment; (3) monitoring job services information banks; and (4) determining criteria for eligibility for assistance under this Act. Directs the Secretary of Defense to provide the pertinent information to the Council a year in advance of any change and to furnish the Council with projected future defense spending levels. Directs the Council to prepare and distribute a Conversion Guidelines Handbook to outline requirements of programs for professional retraining of personnel. Title II: Community Economic Adjustment Planning - Makes eligible for Federal assistance for economic adjustment planning any community which is substantially affected by reduction or elimination of Government defense facilities or curtailment or conclusion of defense contracts. Directs the Council to make available to alternative use committees information on economic development programs of any Federal instrumentality which provides funds which may be used for planning. Requires the Council to report to Congress at least annually on any such economic development program. Directs the Council to use data from other departments to develop criteria which insure that assistance is directed to those communities which are most vulnerable economically to reductions in defense expenditures. Requires the Council to publish a semiannual list of eligible communities. Requires excess property resulting from a closing or reduction in a Government-owned facility to be appraised for purposes of resale to the community. Title III: Alternative Use Committees - Requires the establishment of alternative use committees at defense facilities to plan for economic conversion in the event of closure or reduction. Directs such committees to: (1) evaluate the assets of the facilities and the resources and requirements of the local community; (2) develop at least biennially a detailed plan for conversion of the facility to non-defense-related productive activity; and (3) provide retraining and reemployment counseling services. Requires conversion plans to maximize the pool of skills of available personnel and specify in detail the composition of the work force and plant, material, and financing requirements. Penalizes any contractor who fails to submit an alternative use plan or carry out one approved by the Council by making such contractor ineligible for future defense contracts for three years. Title IV: Economic Adjustment Assistance for Workers - Makes displaced workers certified by the local alternative use committees to the Council eligible for benefits for two years under this Act. Includes among such benefits weekly compensation, vested pension credit, maintenance of health insurance, retraining for civilian work, job search allowance, and reimbursement for relocation expenses. Requires completion of a program of professional retraining before certain employees are eligible for assistance. Directs the Council to enter into agreements with a State or agency in the State administering the unemployment compensation law to disburse benefits under this Act. Requires displaced workers to accept any employment determined by the State agency or Secretary of Labor to be comparable to the former job, or benefits will terminate. Excludes these benefits from other determinations of eligibility for unemployment compensation under any Federal or State law. Title V: Economic Adjustment Fund - Establishes in the Treasury a Workers Economic Adjustment Reserve Trust Fund. Requires defense contractors to pay a specified percentage into the Fund. Directs the Secretary of the Treasury to deposit a percentage of the projected savings resulting from a cancellation or cutback in defense spending. Title VI: Use of Research Funds - Requires the Council to define urgent national requirements for nondefense sectors of the economy in any determination of the Secretary of Defense as to how certain research and development funds are to be spent. Title VII: Authorization of Appropriations - Authorizes appropriations.
United States · United States Congress · 3 January 1985
Vietnam Veterans Post-Traumatic Stress Disorder Compensation Act - Creates a presumption of service-connection for disability purposes for veterans suffering from a post-traumatic stress disorder after serving in Southeast Asia during the Vietnam era.
United States · United States Congress · 3 January 1985
Amends the Internal Revenue Code to allow an income tax deduction for real estate taxes imposed by State law on tenants. Extends such deduction to taxpayers who do not otherwise itemize their income tax deductions.
United States · United States Congress · 3 January 1985
School Lunch and Child Nutrition Amendments of 1985 - Amends the Child Nutrition Act of 1966 and the National School Lunch Act to authorize FY 1985 through 1988 appropriations for: (1) the special supplemental food program for women, infants, and children (WIC); (2) State administrative expenses; (3) the nutrition education training (NET) program; (4) the childrens' summer food service program; and (5) the commodity distribution program. Increases NET authorizations. Reduces the student cost of a reduced price lunch from 40 cents to 25 cents and of a reduced price breakfast from 30 cents to 15 cents. Increases reduced meal income eligibility limits from 185 percent to 195 percent of the poverty level. Provides an additional six cents per breakfast to increase the nutritional quality of such program. Requires the Secretary of Agriculture to promulgate related nutritional improvement regulations. Extends the lunch program "offer versus serve" provision to the breakfast program. Permits a child to refuse one breakfast item if such refusal option is permitted by the local school food authority. Raises the program tuition limit under such Act for private schools from $1,500 to $2,500. Requires annual inflation adjustments. Increases the number of reimbursable meals and snacks under the child care food program. Excludes certain medical expenses from household income for program eligibility purposes. Eliminates the requirement that free meal eligibility be the same as that required for food stamp eligibility. Prohibits the Secretary from requiring school lunch program income verification unless the direct cost of such verification is appropriated. Makes kindergartens in specified schools eligible for the special milk program. Establishes a tiered-payment system for the child care food program. Obligates specified food service equipment appropriations for low-income area schools. States that school food facilities and personnel may be used for nonprofit nutrition programs for the elderly. Prohibits the Secretary, through FY 1986, from reducing child nutrition benefit eligibility unless legislatively directed. Qualifies children participating in the food stamp or aid to families with dependent children (AFDC) programs for free breakfasts and lunches. Makes specified nonprofit private sponsors eligible for the summer feeding program. Increases FY 1984 WIC authorizations. Extends administrative fund allocation provisions through 1988. Directs the Secretary to apportion funds so as to insure that at least 70 percent of each fiscal year's amounts have been obligated or used by the beginning of such year's fourth quarter. Provides that such requirement shall not apply to supplemental appropriations enacted after January 1 of a fiscal year or to any reallocated funds. Prohibits States from using more than two and one-half percent of a current fiscal year's WIC appropriations for a preceding year's expenditures. Permits administrative funds to be used for technical assistance to improve State administrative systems. Includes AFDC among the programs to be coordinated with the child nutrition programs. Provides for a reduction in program paperwork. Requires the Secretary to: (1) conduct a study of the feasibility of a universal school lunch program; and (2) report to the Congress by January 1, 1988. Extends, subject to fund availability, the alternative (cash) assistance school lunch pilot study through the school year ending June 30, 1986. Requires the Secretary, subject to fund availability and upon request, to provide financial assistance to participating school districts that sustained losses due to the methodology change for the school year ending June 30, 1983. Authorizes appropriations for such purposes. Requires the Secretary to: (1) conduct a study of the State administrative expense allocation formula and procedures, including the merits of a State matching requirement; and (2) report to the Congress by January 31, 1986. Requires the Secretary to: (1) conduct a study of the effect on families of the child nutrition programs authorized under the Child Nutrition Act of 1966; and (2) report to the Congress by January 1, 1987. Prohibits a contract between a school food authority and a food service company to provide a la carte food service unless such company provides free and reduced price meals to eligible children.
United States · United States Congress · 3 January 1985
Electric Consumers Protection Act of 1985 - Amends the Federal Power Act to require the Federal Energy Regulatory Commission to issue a new license to an existing licensee for a hydroelectric project authorized under such Act if the United States does not, upon the expiration of the existing license, exercise its right to take over, maintain, and operate such licensee's project, unless the Commission determines that such licensee's project will not meet the licensing standards under such Act. Provides that if the Commission determines that such licensee's project does not meet such standards, the Commission is authorized to issue a new license to a new licensee which may cover the existing licensee's project provided that the new licensee pays just compensation determined by the Commission and enters into any contracts required under the Federal Power Act. (Under current law, the Commission is authorized to issue a new license to the original licensee or a new license to a new licensee if the United States does not exercise its rights with respect to an expired license.)
United States · United States Congress · 3 January 1985
Olmsted Heritage Landscapes Act of 1985 - Requires the Secretary of the Interior, acting through the Director of the National Park Service, to prepare a State-by-State inventory of Olmsted heritage landscapes. Provides that all properties on the inventory shall be part of an Olmsted heritage landscape system. Requires periodic updating of the inventory. Directs the Secretary to: (1) promulgate general standards for preservation of historic landscapes; (2) provide technical assistance to Federal agencies, State and local governments, private organizations, and other interested individuals on the identification, commemoration, and preservation of Olmsted heritage landscapes; (3) conduct and submit to the Congress a thematic study of historic landscapes to identify those landscapes which would qualify as national historic landscapes; (4) encourage a program for the use of the Frederick Law Olmsted National Historic Site in Massachusetts as a center for research and establish an advisory committee for the site; and (5) encourage appropriate international activities related to the Olmsted heritage landscapes. Requires the Secretary to provide for the coordination of applications for grants for the preservation of Olmsted heritage landscapes. Requires the Secretary to encourage maximum public participation in carrying out the purposes of this Act. Requires the Secretary to conduct appropriate activities during the decade of 1985 to 1995 to commemorate the Olmsted achievements and influence on American life. Establishes the Advisory Committee on Olmsted Heritage Landscapes, which shall assist the Advisory Council on Historic Preservation in carrying out those of its duties under the National Historic Preservation Act that relate to Olmsted heritage landscapes. Terminates such Committee after December 31, 1995. Authorizes appropriations.
United States · United States Congress · 3 January 1985
Directs the Secretary of Health and Human Services to promote the establishment of family support groups to assist individuals with Alzheimer's disease or a related disorder and their family members and to provide for a national coordinating network of such groups. Requires a report to the Congress within one year.
United States · United States Congress · 3 January 1985
Title I: National Development Investment - National Development Investment Act - Amends the Public Works and Economic Development Act of 1965 to cite such Act as the National Development Investment Act and to revise the emphasis of such Act from primary Federal initiative to coordination of investments between the public and the private sectors. Sets forth the findings of the Congress. Authorizes the Secretary of Commerce, upon the application of an eligible State, economic development district, distressed local government (with a population under 50,000 and located outside an economic development district), Indian tribe, or nonprofit economic development organization, to make a grant for a portion of the cost of projects submitted in a development investment strategy. Sets forth activities eligible for such development investment assistance, including: (1) construction and repair of public facilities; (2) revolving loan funds to promote small business; (3) feasibility studies to enhance the investment climate; and (4) development activities which prevent economic dislocation and promote employee ownership organizations. Sets forth specific eligibility criteria for applicants for such assistance. Requires an application for a grant under this Act to include: (1) a certification that the area concerned meets certain distress requirements; (2) a certification of any responsibilities which the Secretary has agreed to perform; and (3) a development investment strategy prepared in accordance with this Act. Requires the Secretary to consider specified purposes of this Act in approving applications. Lists as criteria any one of which an area must meet in order to be eligible for a grant under this Act: (1) a per capita income of 80 percent or less of the national average; (2) an unemployment rate one percent above the national average for the most recent 24-month period for which statistics are available; or (3) a sudden economic dislocation resulting in job losses. Sets forth the information to be contained in a grant applicant's development investment strategy. Authorizes the Secretary to make grants to establish a revolving loan fund for making or guaranteeing loans to small businesses for initial or working capital, or for the purchase of facilities or equipment. Limits to $1,000,000 the amount of any such grant. Limits the amount of any grant under this Act to a maximum of 50 percent of the cost of completing the project as determined at the time of the grant application. Permits the Secretary to reduce or waive the non-Federal share of a project in the case of an Indian tribe. Limits expenditures in any one State to a maximum of 15 percent of the appropriations made pursuant to this Act, except for expenditures to Indian tribes. Prohibits the Secretary from obligating more than $2,000,000 in any fiscal year to any person, other than grants for employee ownership organizations. Requires the Secretary, each fiscal year, to obligate minimum amounts of funds for such grants. Authorizes the Secretary to make economic development planning grants to States, economic development districts, Indian tribes, distressed counties, and distressed units of local governments with populations over 50,000 (if located outside an economic development district). Earmarks such grants for coordination of investment for community facilities, economic development, manpower training, and transportation services. Authorizes the Secretary to evaluate Federal, State, and local development investment efforts. Authorizes the Secretary to conduct any demonstration program to test the feasibility of new ways to increase productivity, foster innovative technology, match labor force with labor markets, or encourage economic diversity and regional balance. Authorizes the Secretary to make grants to colleges, universities, and other nonprofit educational and research organizations. Directs the Secretary to conduct a study to determine financing needs for the construction and repair of public facilities. Requires the Secretary to submit to each House of the Congress a detailed statement, including findings and recommendations, concerning such financing needs. Limits the amount of any such grant to not more than 75 percent of the cost of economic development planning or of investment strategy preparation. Authorizes appropriations through FY 1988. Declares that the Secretary of Commerce shall administer this Act with the assistance of a specified Assistant Secretary of Commerce. Authorizes the Secretary to consult with other persons and agencies. Prohibits the approval of any grant unless the Secretary is satisfied that the project concerned will be properly and efficiently administered, operated, and maintained. Sets forth the powers of the Secretary under this Act. Permits the Secretary to discharge responsibilities relative to a project by accepting a certification of the grant applicant's performance of such responsibilities. Requires the Secretary to make comprehensive annual reports to the Congress detailing operations under this Act. Requires all laborers and mechanics employed by contractors or subcontractors on projects assisted under this Act to be paid the prevailing rate of wage. Requires the Secretary to maintain records of approved applications available for public inspection. Requires each recipient of a grant to maintain certain specified records. Allows the Secretary and the Comptroller General access to all records of such recipients. Authorizes appropriations through FY 1988. Title II: Appalachian Regional Development - Appalachian Regional Development Act Amendments of 1985 - Amends the Appalachian Regional Development Act of 1965 to declare that investments under such Act shall also be made in severely distressed and underdeveloped counties lacking resources for basic services. Authorizes appropriations through FY 1990 for the administrative expenses of the Appalachian Regional Commission. Authorizes the Commission to lease office space through FY 1988. Authorizes appropriations through FY 1992 for the Appalachian development highway system. Increases from 70 to 80 percent the subsequent Federal share of an Appalachian development highway segment when a participating State proceeds to construct a segment of such a highway without the aid of Federal funds. Applies such increase to projects approved after March 31, 1979. Authorizes the Commission to make grants to States and public and nonprofit entities for projects which will: (1) assist in the creation or retention of permanent private sector jobs, the upgrading of the region's manpower, or the attraction of private investment; (2) provide special assistance to severely distressed and underdeveloped counties which lack financial resources for improving basic services; (3) assist in achieving the goal of making primary health care accessible in the region; or (4) otherwise serve the purposes of this Act. Prohibits the authorization of any financial assistance to enable plant subcontractors to undertake work previously performed in another area by other subcontractors or contractors. Prohibits grants with funds authorized after October 1, 1985, from exceeding 50 percent of the costs of any approved project. Permits such grants to increase the Federal contribution to any project to such percentage as the Commission determines within specified limitations. Authorizes appropriations through FY 1990. Extends the termination date of such Act from 1982 to October 1, 1990.
United States · United States Congress · 3 January 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.
United States · United States Congress · 3 January 1985
American Conservation Corps Act of 1985 - Establishes an American Conservation Corps within the Departments of the Interior and Agriculture. Directs the Secretaries of both departments to establish and administer a conservation and rehabilitation program on Federal public and Indian lands. Directs the Secretary of the Interior alone to establish and administer such a program on non-Federal public lands. Directs the Secretaries to assist program agencies (any Federal, State, or Indian agency responsible for the management of public lands) in establishing and operating residential and nonresidential American Conservation Corps Centers. Describes the types of projects which will receive program preference. Limits program projects to those on public lands or Indian lands, except where projects on nonpublic lands provide documented public benefits. Sets forth requirements for establishing conservation centers and eligibility criteria for enrollees in the program. Requires that preference be given to economically, socially, physically, and educationally disadvantaged youth and youth residing in areas having substantial unemployment. Requires program agencies to provide services, facilities, supplies, and equipment for conservation centers as the Secretary deems necessary. States under what conditions and for what purposes an enrollee/volunteer shall be deemed a Federal or State employee. Permits the Tennessee Valley Authority to utilize such volunteers. Sets forth compensation and reimbursement provisions for volunteers and their upkeep. Directs the Secretaries to assist program agencies in securing certification or credit for skills acquired by volunteers during their participation and to conduct cost-benefit analysis and evaluations of the program. Permits the Secretaries to conduct pilot programs for alternative approaches. Directs the Secretary of the Interior to report to the Congress within the year on a study of Civilian Conservation Corps sites suitable for a commemoration of such Corps. Sets forth study opportunities and limitations for program volunteers, including a requirement that program agencies provide job guidance and placement assistance. Directs the Secretaries of the Interior and Agriculture to report at least annually to the President and the Congress. Directs the Secretary of Labor to make available appropriate labor market information. Sets forth employee appeal rights for workers displaced by American Conservation Corps volunteers. Sets forth funding limitations. Requires participating program agencies to certify that their programs will not displace workers. Sets forth procedures whereby State shares go to local governments when no State program agency exists. Authorizes appropriations for FY 1985 and 1986.
United States · United States Congress · 3 January 1985
Authorizes the National Committee of American Airmen Rescued by General Mihailovich to establish a monument to General Draza Mihailovich in the District of Columbia or its environs in recognition of the role he played saving the lives of more than 500 U.S. airmen in Yugoslavia during World War II. Directs the Secretary of the Interior to select, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Declares that, except for specified items, neither the United States nor the District of Columbia shall bear any expense in the establishment of such memorial. Directs the Secretary to permit groundbreaking for construction of the monument only after determining that sufficient funds are available for completion of the monument. Directs that the maintenance and care of the monument shall be the responsibility of the National Committee of American Airmen Rescued by General Mihailovich.
United States · United States Congress · 3 January 1985
Statue of Liberty-Ellis Island Commemorative Coin Act - Requires the Secretary of the Treasury to issue a specified number of: (1) five dollar gold coins, emblematic of the centennial of the Statue of Liberty; (2) one dollar silver coins, emblematic of the use of Ellis Island; and (3) half dollar coins, emblematic of the contributions of immigrants to America. Sets forth certain features of such coins; and provides for their sale and issuance. Provides for the distribution and use of such sale funds to the Statue of Liberty-Ellis Island Foundation. Terminates the minting of such coins on December 31, 1986.
United States · United States Congress · 3 January 1985
National Individual Training Account Act of 1985 - Title I: Individual Training Accounts - Establishes the national individual training account program to be administered by the Secretary of Labor and the Secretary of the Treasury in cooperation with the States. Authorizes the Secretary of Labor to enter into agreements whereby States or State unemployment compensation agencies shall: (1) issue and redeem vouchers to pay training and relocation expenses; (2) accept contributions from employees and employers for deposit into individual training accounts and distribute any amount in any such account at such times as any distribution from such account is authorized; (3) provide individual counseling or job and training referral services to any participant in the program; and (4) cooperate with officers of the Federal Government or of any other State in carrying out this Act. Directs the Secretary of Labor, upon the request of a State, to provide information and to detail, on a reimbursable basis, personnel to assist such State in establishing a State individual training account program. Sets forth the duties of the Secretary of Labor and the Secretary of the Treasury in administering the program established by this Act. Sets forth provisions for distributions from individual training accounts. Sets forth provisions for eligible training programs and for certification of such programs by the Secretary of Labor. Sets forth provisions for qualified relocation expenses and for approval of such expenses by the Secretary of Labor. Provides that individual training and related accounts are to be established as separate book accounts in the Unemployment Trust Fund. Title II: Amendments to the Internal Revenue Code of 1954 Relating to Individual Training Accounts - Amends the Internal Revenue Code to revise provisions for approval of State unemployment compensation laws to require that a State have a State individual training account program which has been approved by the Secretary of Labor. Applies such requirement to certifications of such State laws for 1986 and subsequent years. Revises Federal unemployment tax provisions to add requirements relating to State individual training account programs. Revises provisions relating to itemized Federal income tax deductions for individuals and corporations to allow such deductions for employee or employer contributions to individual training accounts made after December 31, 1984. Prohibits any reduction (through an additional credit allowance) in Federal unemployment tax in the case of any large employer which refuses to participate in the national individual training account program. Defines "large employer" as one which during the calendar year employed an average of not less than 25 employees. Makes such denial of reduction applicable to calendar years beginning after December 31, 1986. Appropriates to the Secretary of Labor, for the expense of administering the Federal-State employment service, for each fiscal year ending after January 1, 1986, an amount determined by the Secretary of the Treasury to be equivalent to an unspecified portion of the amounts received in the general fund in the Treasury which are attributable to the operation of such denial of reduction in the unemployment tax rate of such large employers who refuse to participate in the national individual training account program.
United States · United States Congress · 3 January 1985
Federal Employees Health Benefits Reform Act of 1985 - Increases the amount of the Government's contribution for an employee enrolled in an employee health benefits plan from 60 to 75 percent of the average subscription charge for such plan. Increases the maximum Government contribution for an enrollee from 75 to 100 percent of such subscription charge. Requires payment of a Government differential equal to five percent of the average subscription charge, in addition to the Government's contribution, for any enrollee who is over 65 years of age and not entitled to Medicare benefits. Excludes such differential in determining the amount to be paid by the enrollee. Permits the following persons to elect to continue coverage under a Federal employees' health benefits plan for a specified period: (1) an employee who is involuntarily separated from the civil service due to a reduction in force; (2) an individual who elects to receive the lump-sum credit for civil service retirement benefits; and (3) an individual 22 years of age or older whose enrollment was based on such individual's being an unmarried child who was incapable of self-support because of a mental or physical disability which existed and did not terminate before the individual attained the age of 22. Requires such persons who elect to continue coverage to pay into the Employees Health Benefits Fund an amount equal to the sum of employee and agency contributions paid for the same level of benefits. Allows such a person to: (1) change to a lower level of benefits; (2) change coverage within 60 days after a change in family status; and (3) transfer enrollment to another plan under conditions prescribed by the Office of Personnel Management (OPM). Provides a temporary extension of coverage to allow persons who elected not to continue coverage or whose continued coverage is terminated to convert to a nongroup contract providing health benefits. Allows annuitants whose annuity is less than the amount required to be withheld for enrollment in a health benefits plan to pay the amount of any deficiency required for enrollment. Requires contracts for employee organization plans to require carriers to: (1) reinsure with other participating companies; (2) enter into an agreement approved by OPM with an underwriting subcontractor licensed to issue group health insurance in all States and the District of Columbia; and (3) meet minimum financial standards prescribed by OPM. Requires the service benefit plan and the indemnity benefit plan to provide, in addition to all currently authorized benefits: (1) nervous and mental disorder benefits; (2) alcoholism and substance abuse treatment and rehabilitation benefits; and (3) comprehensive dental benefits. Prohibits the OPM from entering into a contract for any service benefit, indemnity benefit, or employee organization plan which does not provide for 50 outpatient visits and 60 inpatient days of nervous and mental disorder benefits and two 28-day alcoholism treatment and rehabilitation benefits. Requires any limits on nervous and mental disorder benefits to be exceeded on a case by case basis only to the extent that a peer review mechanism determines such treatment to be necessary. Requires 80 percent of such excessive benefit claims to be paid from the balance of one percent of all contributions to the Employees Health Benefits Fund remaining after the expenses of administering provisions governing Federal employees health benefit plans are paid. Prohibits the OPM from entering into a contract with a carrier for any health benefits plan which does not provide 95 percent of the benefits that such plan or the most similar plan provided during the preceding year, unless the carrier and the OPM mutually agree to waive such requirement. Directs the OPM to: (1) provide a three week period during which enrollees in health benefits plans may change or cancel their enrollments before any contract term in which the rates or benefits of a plan will change, a new plan will be offered, or an existing plan will be terminated; and (2) make available to such enrollees information on such plans at least four weeks before such open enrollment period. Prohibits the OPM from entering into a contract for a health benefits plan which excludes anyone because of nonactive employee status. Eliminates the requirement that the group of physicians under a group-practice prepayment plan include physicians representing at least three major medical specialties.
United States · United States Congress · 3 January 1985
Directs the Secretary of Health and Human Services, in consultation with specified agencies, to conduct at least ten demonstration projects to determine the feasibility of providing for alternative Medicare benefits for individuals entitled to Medicare benefits who are diagnosed as suffering from Alzheimer's disease or a related memory disorder. Directs the Secretary, in conducting such projects, to consider: (1) alternative benefits that encompass a range of outpatient services; and (2) providing alternative benefits in a manner that is analogous to the manner in which benefits for hospice care are made available under Medicare. Limits the cost of each such project. Provides for the paying for such projects.
United States · United States Congress · 3 January 1985
African Famine Relief and Recovery Act of 1985 - Title I: Authorizations of Appropriations - Authorizes supplemental appropriations for FY 1985 for famine relief in Africa for: (1) agricultural development programs; (2) international disaster assistance programs; (3) development program operating expenses; and (4) the Migration and Refugee Assistance account of the State Department. Title II: Appropriations - Makes supplemental appropriations for FY 1985 to: (1) the Department of Agriculture for Public Law 480; (2) the Agency for International Development for specified agriculture, rural development, and nutrition programs, for international disaster assistance, and for operating expenses; and (3) the Department of State for migration and refugee assistance. Declares that funds appropriated for Public Law 480, for agriculture, rural development, and nutrition programs (other than funds for rehabilitation and recovery projects), and for international disaster assistance shall be available only for those African countries which suffer from exceptional food supply problems in 1985 due to drought and other calamities. Permits the use of Public Law 480 funds to reimburse certain ongoing famine relief programs. Declares that funds for rehabilitation and recovery projects and for migration and refugee assistance shall be available only to those African countries which have suffered in the last two years from exceptional food supply problems due to drought and other calamities.
United States · United States Congress · 3 January 1985
Public Housing Rental Stabilization Act - Amends the United States Housing Act of 1937 to authorize any public housing agency to require tenants of one of its projects to pay monthly rent based on the unsubsidized rents for comparable dwelling units in the area, the average monthly amount of debt service and operating expenses attributable to similar units of its other projects, or other relevant factors. Limits such rent to the amount payable under current provisions of such Act and the maximum amount that is approved by the Secretary of Housing and Urban Development.
United States · United States Congress · 3 January 1985
Amends the Internal Revenue Code to provide that one-half of the cost of insurance paid by a self-employed taxpayer for medical care during the taxable year will be allowed as a business deduction.
United States · United States Congress · 3 January 1985
States that the President should, at the earliest possible date: (1) request Senate advice and consent to ratification of the Threshold Test Ban and Peaceful Nuclear Explosions Treaties; and (2) propose to the Soviet Union the resumption of negotiations toward conclusion of a verifiable comprehensive test ban treaty.
![Official portrait of Rep. Addabbo, Joseph P. [D-NY-6]](https://www.congress.gov/img/member/a000052_200.jpg)