United States · United States Congress · 15 May 1985
Amends the Urban Mass Transportation Act of 1964 to redefine the term "construction" to include a project for the overhaul of rolling stock, whether or not such overhaul increases the useful life of such stock. Redefines "associated capital maintenance items" (for which block grants are available) to mean any equipment and materials each of which costs no less than one-half of one percent of the current fair market value of comparable rolling stock. States that a project for the reconstruction of any equipment and materials, each of which will have a fair market value no less than one-half of one percent of the current fair market value of comparable rolling stock, will be considered a project for construction of an associated capital maintenance item. Provides that removal and installation activities involved in any project for acquisition or construction of an associated capital maintenance item will be considered eligible for block grant assistance. Provides that the Federal grant for the acquisition or construction of an associated capital maintenance item shall be 80 percent of the net project cost of such project. Prohibits Federal grants or loans for urban mass transportation unless the Secretary of Transportation determines that the applicant has sufficient capabilities to maintain the facilities and equipment, and will do so.
United States · United States Congress · 14 May 1985
Amends the Merchant Marine Act, 1936 to allow the owner of a liquid bulk cargo vessel for which a construction-differential subsidy has been paid to operate that vessel in the domestic trade under specified conditions which include repayment of such subsidy by the vessel owner to the Secretary of Transportation.
United States · United States Congress · 14 May 1985
Amends the Coastal Zone Management Act of 1972 to allow the Governor of any State to nominate an estuary lying in whole or in part within the State as an estuary of national significance for the purpose of convening a management conference to develop a special area management plan for the estuary. Requires the Secretary of Commerce, in consultation with the Administrator of the Environmental Protection Agency, to review all nominations and designate those estuaries of national significance for which special area management plans should be developed. Specifies factors to be taken into consideration for purposes of making such a designation. Requires the Secretary to convene a management conference for each estuary so designated in order to develop a special area management plan for the estuary. Provides that, at the conclusion of such conference, the Secretary and the participating State Governor shall review the plan and approve it by consensus. Requires participating States to incorporate such plan into their federally approved Coastal Zone Management Programs. Requires participating States without federally approved Coastal Zone Management Programs to submit a detailed description of the implementation process for such a plan to the Secretary for certification. Authorizes the Secretary to make grants to States and interstate agencies participating in a management conference to develop the special area management plans. Provides that the amount of such grants shall not exceed 50 percent of the annual cost incurred by the State or agency. Authorizes appropriations.
United States · United States Congress · 13 May 1985
Economic Equity Act of 1985 - Title I: Retirement - Pension Vesting, Integration, and Portability Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to maximum age conditions under pension plans to provide for continued coverage for certain workers over the normal retirement age. Provides that pension plans may only exclude from participation, on the basis of age, an employee who has attained the normal retirement age under the plan if: (1) the plan is a defined benefit plan or a target benefit plan (as under current law); and (2) the employee's accrued benefit under the plan is greater than the normal retirement benefit to which the employee would be entitled at the normal retirement age if the employee commenced participation at the earliest possible entry age under the plan and served continuously until attaining the normal retirement age under the plan. Revises provisions relating to minimum vesting standards to reduce, from ten years to five years, the number of years of service which a pension plan participant must complete in order to earn a nonforfeitable right to 100 percent of the participant's accrued benefit derived from employer contributions. Permits multiemployer pension plans to retain the ten-year minimum vesting standard if such plans meet certain conditions, including complete reciprocity for workers who move from one regional pension plan to another within the same industry. Repeals a certain "class year plan" rule. Permits participants with three (currently five) years of service to elect, within a specified period to have their nonforfeitable percentage computed under the plan without regard to any plan amendment changing the vesting schedule. Revises minimum participation standards, minimum vesting standards, and benefit accrual requirements to provide for pension plan coverage of part-time workers. Revises the definition of "year of service," for purposes of minimum participation and vesting standards, to treat 500 to 1,000 hours of service per year by a part-time employee as one-half of a year of service. Provides that the date on which such employee completes such one-half of one year of service shall be the latest date until which the plan participation of such employee may be delayed. Includes service of at least 500 (currently 1,000) hours in determinations of years of plan participation for purposes of benefit accrual requirements. Establishes minimum benefit rules for integrated pension plans. Requires such plans to offer a minimum benefit without taking into account contributions or benefits under specified provisions of the Social Security Act, the Internal Revenue Code, or any other Federal or State law. Sets forth formulas, based on specified percentages of employee compensation, for determining such minimum benefit in the case of: (1) an integrated defined benefit plan; and (2) an integrated defined contribution plan or an integrated simplified employee pension. Directs the Secretary of the Treasury to prescribe necessary or appropriate regulations to carry out the purposes of such minimum benefit rules for integrated plans in any case in which the employer has two or more plans. Provides for distributions of accrued benefits of less than $7,000 to portable pension accounts (individual retirement accounts or individual retirement annuities). Requires a pension plan to distribute a participant's nonforfeitable benefit to a portable pension account if: (1) the plan is a defined benefit plan, or an individual account plan subject to specified funding standards; (2) the present value, as of the date of separation from service, of such benefit is less than $7,000; and (3) the participant elects in writing, after receiving a required notice, to have such benefit distributed to such portable pension account in a distribution which is excluded from gross income under specified Internal Revenue Code provisions. Directs the Secretary of Labor to prescribe by regulation the manner and form in which such election is to be made. Requires the plan administrator, upon being informed by a participant that the participant wishes to make an election pursuant to these provisions, to provide notice to the participant of: (1) the present value, as of the date of separation, of the participant's nonforfeitable benefit (with such present value to be deemed equal to the actuarial equivalent, as of such date, of the normal form of benefit under the plan); (2) the amount of the participant's benefit on the date of the participant's retirement payable under the pension plan at normal retirement age expressed in the form of a single life annuity under a defined benefit plan or in the normal form of payment under an individual account plan; and (3) the additional tax (under specified Internal Revenue Code provisions as revised by this Act) on distributions from, or disqualification, of the portable pension account before the date on which the participant attains age 59 1/2. Amends the Internal Revenue Code to revise provisions relating to pension plans. Makes such revisions similar to those made to ERISA by title I of this Act with respect to: (1) continued coverage for certain workers over the normal retirement age; (2) a minimum vesting standard of five years of service (reduced from ten years), with the exception of multiemployer plans meeting certain conditions (including reciprocity); (3) repeal of the class year plan rule; (4) protection from changes in the vesting schedule for participants with three years of service; (5) coverage for part-time workers under minimum participation standards, minimum vesting standards, and benefit accrual requirements; (6) establishment of minimum benefit rules for integrated plans; and (7) distributions of accrued benefits to portable pension accounts. Revises provisions relating to additional tax on certain amounts included in gross income before age 59 1/2. Requires, in cases of early distributions or disqualification involving portable pension accounts to which accrued benefits from a pension plan have been distributed as provided under this Act, that the additional tax (for the taxable year in which the early distribution is received or the disqualification occurs) shall be equal to the amount of the early distribution, or of the disqualification, which is includible in gross income for such taxable year. Directs the Secretary of Labor to: (1) conduct a study of the feasibility and ramifications of requiring private employee pension benefit plans to provide cost-of-living adjustments to benefits payable under such plans; (2) compile data and analyze the effect inflation is having and may be expected to have on retirement benefits provided under such plans; and (3) submit study results, with recommendations, within two years after enactment of this Act. Social Security Modernization Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple which are attributable to the period of their marriage shall be shared equally between them for purposes of determining the eligibility for and amount of OASDI benefits to which each spouse is or may become separately entitled. Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage. Provides that this Act shall not apply in specified cases where it would result in a reduction of OASDI benefits. Provides full benefits for disabled widows and widowers without regard to age. Enables an insured individual's spouse who has attained the age of 50 and is not entitled to any other monthly benefits to obtain a transition benefit for four months upon the death of the insured individual. Establishes the amount of such transition benefit at 71.5 percent of the primary insurance amount of the insured individual or, if it is higher, 71.5 percent of the primary insurance amount of the spouse. Repeals the separate definition of disability applicable to widows and widowers. Permits the months of a widow's or widower's entitlement to Supplemental Security Income benefits (title XVI of the Social Security Act) on the basis of a disability to be counted towards the 24 months needed to become entitled to hospital insurance benefits under Medicare (title XVIII of the Social Security Act) on that basis. Uniformed Services Former Spouses' Equity Act - Provides that a former spouse of a member of the uniformed services shall be entitled, unless expressly provided by a spousal agreement or court order, to an annuity: (1) equal to 50 percent of the retired or retainer pay of the member if married to the member throughout the creditable service of the member; or (2) equal to a pro rata share of 50 percent of such pay if not married to the member throughout the entire creditable service of the member. Requires that an election by a member not to participate, or to participate at a reduced level, in the Survivor Benefit Plan or to provide an annuity for a dependent child only must be made jointly with the member's spouse. Provides that such an election must be in writing. Allows a member who has a former spouse to jointly elect a spousal agreement with such former spouse or as provided under a court order to provide a survivor to the former spouse or to waive such an annuity. Treats a former spouse as a spouse for purposes of eligibility as a beneficiary, computation of annuities, and reductions in retired or retainer pay under the Survivor Benefit Plan if the member elects such treatment. (Present law treats a former spouse as a person with an "insurable interest" subject to certain restrictions and requiring larger reductions in retired or retainer pay.) Establishes a 24 month period during which members who were already divorced before the effective date of this Act may elect to have a former spouse covered under the Survivor Benefit Plan. Provides that a former spouse's share of retired or retainer pay shall be based on the gross amount of such pay. (Present law bases such share on the net amount of such pay after specified deductions.) Social Services and Child Care Assistance Act of 1985 - Title II: Dependent Care - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to set allotment amounts for FY 1984, 1985, and 1986 and each succeeding fiscal year. Allocates, from the allotment set for FY 1986 and available for any fiscal year, specified amounts for: (1) funding for a National Resource Center on Family Day Care; (2) grants to States which fulfill certain conditions with respect to the licensing, regulation, and monitoring of child care services; and (3) the provision of services in accordance with title XX. Provides that, of the amounts allotted for the provision of services, specified amounts shall be used: (1) for the training and retraining of human services personnel; (2) for the training and retraining in the prevention of child abuse of licensed child care operators; and (3) for the provision of child day care services to children who are abused or neglected, who are members of families receiving aid under title IV (Aid to Families with Dependent Children) of such Act, or children who are members of specified low-income groups. Amends the Higher Education Act of 1965 to add a new title XII, School-Based Child Care Programs. (Redesignates the current title XII as title XIII.) Authorizes appropriations for FY 1986 through 1990 for grants to institutions of higher education for: (1) construction, reconstruction, and renovation of facilities, located at such institutions, to be used to provide child care services (free for students from families with incomes less than 150 percent of the poverty level, and with a sliding-scale of fees based on income for other students participating); (2) child care services through vouchers for disadvantaged college students (with two-thirds of the participants to be low-income students who are first generation college students, and the remainder to be either low-income or first generation college students); and (3) child care personnel work-experience programs (which provide experience for students by arranging part-time employment for them in licensed child care programs). Requires the Secretary of Housing and Urban Development to provide grants to public housing authorities to assist them in providing child care services for lower income families. Requires a program report to the Congress within three years. Authorizes FY 1986 through 1988 appropriations. Title III: Insurance - Nondiscrimination in Insurance Act - Prohibits discrimination on the basis of race, color, religion, sex, or national origin in the consideration of applications for, or the granting of, insurance policies and the terms of such policies. Permits insurers who regularly provide insurance solely to persons of a single religious affiliation to continue to do so. Prohibits any insurer from establishing auto insurance rates for women or any particular group of women which are higher or lower in relation to the rates offered men or any similarly situated group of men, except for non-gender related risk-based reasons. Grants to States having insurance discrimination laws the primary opportunity to enforce the prohibitions of this Act. Permits an aggrieved person to file a civil action in State or Federal court against an insurer if the State has terminated all proceedings under State law. Authorizes the Attorney General to bring a civil action in district court when there is reasonable cause to believe that a person or group is engaged in a pattern or practice of resistance to the rights granted by this Act and that such denial raises an issue of general public importance. Authorizes the Court to: (1) order the defendant to amend any relevant contract to comply with the provisions of this Act; (2) require the defendant to pay punitive damages in addition to actual damages; and (3) award the aggrieved person reasonable attorneys' fees. Continued Access to Group Health Insurance Act of 1985 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to require continuation coverage under group health plans for certain spouses, former spouses, and dependent children of employees insured under such plans. Makes such continuation coverage a requirement for the allowance of a tax deduction for employer contributions to group health plans. Provides that the spouse and dependent children of an insured employee may be entitled to five years of continuation coverage under a group health plan if the insured employee: (1) dies; (2) becomes separated or divorced from his or her spouse; or (3) becomes entitled to Medicare. Makes such coverage available only if it is elected within a specified period by or on behalf of the spouse or child to be covered. Sets forth notification requirements. Sets forth a special rule relating to collective bargaining agreements. Title IV: Employment - Requires the Equal Employment Opportunity Commission to: (1) conduct research for identifying and measuring wage discrimination; (2) assist any public or private entity in eliminating discriminatory pay practices; and (3) implement policies and procedures to prohibit employment discrimination. Requires the Commission to determine the number and nature of all charges filed under the Civil Rights Act of 1954 and to report to the Congress with a summary prepared pursuant to this Act. Requires the Commission to conduct a study in consultation with organizations representing Federal employees and analyze: (1) the procedures established by the Director of the Office of Personnel Management (OPM) to establish classifications of positions in the competitive service; and (2) the actual practices of the Director and the heads of Federal agencies in complying with the principle of equal pay for work of equal value when establishing job classifications for employees. Requires the Commission to report to the President and the Congress on its findings and provide a copy to the Director of OPM. Directs the Director to submit his comments on the report to the President and the Congress. Directs the Secretary of Labor, acting through the Office of Federal Contract Compliance Programs, to report to the President and the Congress on actions taken to enforce the prohibitions contained in Executive Order Numbered 11246 against discrimination by Federal contractors. Requires the Attorney General, acting through the Office of Civil Rights, to report to the President and the Congress on actions taken to enforce the prohibitions against sex discrimination in compensation contained in title VII of the Civil Rights Act of 1964, Executive Order Numbered 11246, and other Federal laws. Requires Federal agencies responsible for submitting equal employment opportunity plans to include in such plans: (1) a review and identification of any discriminatory pay practices and any violation of the principle of equal pay for jobs of equal value; and (2) a plan for eliminating any such practices and remedying any such violation. Directs the Office of Personnel Management (OPM) to provide, by contract with a consultant, for a report on discriminatory wage-setting practices and discriminatory wage differentials within the Federal position classification system and the prevailing rate (job grading) system. Defines "discriminatory wage-setting practices" as a practice resulting from lower rates of pay for female employees doing work comparable to that of higher-paid males. Requires OPM, within one month of receiving such report, to transmit a copy to the President and specified congressional committees, with written comments. Requires the consultant to submit such report to OPM and the Pay Equity Study Council (established by this Act) within six months after entering into its contract. Requires OPM, within ten days after the effective date of this Act, to establish a Pay Equity Study Council to assist in the selection of a consultant and comment on the final report. Requires that Council membership consist predominantly of representatives of labor organizations representing Federal female employees. Terminates the Council after it submits comments on the final report. Establishes a Commission on Employment Discrimination in the Legislative Branch. Directs the Commission to: (1) employ a nongovernmental consultant to study the compensation paid to Library of Congress personnel and analyze personnel policies of the Library; (2) evaluate the compensation system of the Library for compliance with title VII of the Civil Rights Act of 1964 and make any recommendations needed to achieve compliance; (3) develop a plan for the application of title VII through the legislative branch; and (4) make recommendations to the Congress for improvement of personnel policies and practices in the legislative branch. Directs the Commission to submit a final report to the Congress 18 months after enactment of this Act. Terminates the Commission 30 days after submission of the final report. Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to invite each State having an approved plan under part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to submit an application to establish and conduct a demonstration project for the purpose of testing whether the provision of mandatory education or vocational training (or both) for the caretaker parents of dependent children under six years of age in families receiving AFDC would enable such families to leave the AFDC rolls quickly and assist such parents in securing long-term gainful employment at earnings levels sufficient to maintain their families without public assistance. Requires any State desiring to establish and conduct such a demonstration project to submit an application to the Secretary within six months after the enactment of this Act. Directs the Secretary to approve ten of the proposed projects. Requires six of the approved projects to be located in urban areas and four to be located in predominantly rural areas. Prohibits the approval of a project unless: (1) it is of sufficient size and scope to demonstrate program and cost effectiveness and to permit the drawing of valid inferences for evaluation and policy recommendations; (2) it will be conducted for a period of not less than three nor more than five years; (3) it covers all caretaker parents in families which are eligible for aid under the applicable State plan and which include one or more children under six years of age; (4) it provides for participation by caretaker parents on a voluntary basis; and (5) it complies fully with all other requirements and will contribute to the purposes of this Act. Defines "caretaker parent". Directs a State, in conducting an approved demonstration project, to: (1) offer each caretaker parent in a jurisdiction involved an opportunity to participate in the project; (2) establish an individualized program for the education or vocational training of each participating caretaker parent; (3) permit such parent to receive education or training under the program so established (from the time the youngest child in the care of such parent is six months old, or earlier with a physician's written permission) until either the parent is employed and self-sufficient, the parent is no longer a caretaker parent, or the family has become ineligible for aid; and (4) require the project to maintain support services, including child care, transportation, and health care services for each participant. Directs the Secretary to pay each State with an approved demonstration project 90 percent of the costs incurred by the State in establishing and carrying out such project. Requires the remainder of the costs incurred to be paid from non-Federal sources. Requires the education or training for caretaker parents in such program to meet the following requirements: (1) for caretaker parents without a high school diploma the education must lead to such diploma; (2) after receipt of such diploma (or in the case of an individual already having a high school diploma or better), the caretaker parent must participate in an approved post-secondary education program, an approved vocational education program, or a program of employment and training under auspices of the Job Training Partnership Act; (3) the award of an academic scholarship to a caretaker parent shall not result in any loss of eligibility or benefits under AFDC or any other public assistance program, so long as the scholarship payments are made directly to the appropriate educational institution; (4) the education and training must include instruction in family management and life skills, employment and job search training, career counseling, and community-supported recreational activities; (5) appropriate English language and adjustment training must be provided for caretaker parents from immigrant groups who have language or cultural adjustment difficulties; (6) special training must be provided for physically handicapped participants; (7) education and training for each participant in the project must be provided for at least 20 hours per week and must be coordinated with available child care services; and (8) any caretaker parent who has completed all of the education and training required by this Act shall remain a participant in the project for 20 hours a week of job search and placement assistance (with coordinated child care) until either the parent is employed and self-sufficient or the family has become ineligible for AFDC. Provides that in the case of a caretaker parent who ceases to be a participant in the project because he or she has completed all of the education and training required by this Act and has become employed: (1) the parent will be provided with child care services, as necessary, without charge for a six-month period, and thereafter for a certain period subject to the payment of a gradually increasing portion of the cost of such services; and (2) the parent shall be considered for a 15-month period to be still a project participant for purposes of receiving Medicaid (title XIX of the Social Security Act) and shall thereafter be similarly considered to still be a participant for such purposes but subject to stated conditions. Requires all of the child care and transportation which is necessary for a caretaker parent to participate in a demonstration project to be included, without charge to the caretaker parent, as a part of the project. Requires each approved project to be designed so as to provide an effective demonstration of: (1) the planning and design of quality and cost-effective approaches to child and infant care; (2) the cost-effective utilization of existing publicly-funded educational, vocational, and other training programs; (3) coordination with other community service providers, including job developers; and (4) cost-effective and creative approaches to the utilization of transportation facilities. Prohibits participation in an approved project by a caretaker parent from resulting in any loss of eligibility or benefits under AFDC or any other public assistance program. Permits a State to make participation mandatory if: (1) it is necessary to operate a project in a cost-effective manner; (2) participants would not be disadvantaged financially or otherwise; and (3) children in need of assistance would not be disadvantaged. Provides that if any caretaker parent who is required to participate in a project refuses to undergo any education or training required by this Act or otherwise fails to participate in an approved demonstration project, without a reasonable basis for such refusal or failure as determined on medical, psychological, psychiatric, or other grounds by an appropriate licensed practitioner in accordance with regulations prescribed by the Secretary (subject to a State being granted a waiver): (1) such parent's needs shall not be taken into account in determining need under AFDC with respect to the parent's family; and (2) any AFDC payments shall be made in the form of protective payments. Requires each approved demonstration project to have a voluntary advisory group to assist in developing the program and in monitoring the project. Sets forth reporting requirements (including reports to the Congress). Requires each State in which a demonstration project is located to submit to the Secretary such information as the Secretary may require concerning a project. Women's Business Ownership Act of 1985 - Establishes the National Commission on Women's Business Ownership to review: (1) the status of women-owned small businesses nationwide; (2) the role of the Federal Government in aid to and the promotion of women-owned small businesses; (3) data collection procedures and the availability of data relating to women-owned businesses, women-owned small businesses, and small businesses owned and controlled by socially and economically disadvantaged women; (4) other Federal initiatives relating to women-owned small businesses, including those relating to Federal procurements; and (5) special impediments suffered by small businesses owned and controlled by socially and economically disadvantaged women. Directs the Commission to recommend: (1) new private sector initiatives which would provide management and technical assistance to women-owned small businesses; (2) ways to promote greater access to financing and procurement opportunities for such businesses; and (3) other measures relating to small businesses owned and controlled by socially and economically disadvantaged women. Terminates the Commission on the date that it transmits its final report to the President and to each House of the Congress. Authorizes appropriations. Title V: Tax Reform - Amends the Internal Revenue Code to provide that the zero amount for heads of households shall be the same as the zero bracket amount for joint returns and surviving spouses. Increases the amount of the earned income tax credit from 11 percent to 16 percent of the first $5,000 of earned income. Provides for a phaseout of such credit for taxpayers with adjusted gross incomes between $11,000 and $16,000. Provides that governmental payments shall be disregarded for purposes of determining support and maintenance of a household. Provides that any refund of Federal income taxes or advance payment made to an individual by reason of the earned income credit shall not be taken into account as income for purposes of determining eligibility for benefits or assistance under any Federal program or any State or local program financed in whole or part with Federal funds. Provides for cost-of-living adjustments for the amount of the earned income credit and the phase-out thresholds of such credit beginning in 1987. Allows a refundable income tax credit for: (1) employment related dependent care expenses; plus (2) expenses for the respite care of a dependent. Sets the amount of such credit at 50 percent of the sum of such expenses. Reduces such percentage (but not below 20 percent) by one percent for each full $2,000 amount by which the taxpayer's adjusted gross income exceeds $11,000. Provides for cost-of-living adjustments to such adjusted gross income amount. Limits the amount of employment-related expenses and respite care expenses which may be taken into account for purposes of such credit. Allows such credit for expenses incurred for the care of: (1) a dependent of the taxpayer who is under the age of 15; (2) a dependent of the taxpayer who is physically or mentally incapable of caring for himself; or (3) a spouse who is incapable of caring for himself. Repeals present provisions relating to the income tax credit for dependent care expenses necessary for gainful employment. Increases the amount individuals may contribute on behalf of their spouses for purposes of the deduction for retirement savings. Provides that no deduction from gross income shall be allowed to a taxpayer for entertainment expenses for food, beverages, lodging, or entertainment incurred in connection with a facility which discriminates on the basis of race, color, religion, sex, or national origin. Exempts facilities operated by a religious organization where access is limited to members of a particular religion. Treats dues and fees paid to discriminatory facilities as nondeductible expenses. Requires the submission of a statement to the Secretary of the Treasury that a facility not open to the public does not discriminate in order for amounts paid to such facility to qualify for the entertainment expense deduction. Requires the posting of a public notice in the facility stating the nondiscriminatory policy. Permits the Secretary to revoke the acceptance of the statement of nondiscrimination. Requires the taxpayer to report on his or her income tax return any amounts paid or incurred for food, beverages, lodging, or entertainment in any facility which is not open to the public or does not serve the public in order to deduct such amounts from gross income.
United States · United States Congress · 9 May 1985
Amends the Older Americans Act of 1965 to increase the amounts authorized to be appropriated for FY 1985 through 1987, for the surplus commodities program. Repeals the authority of the Secretary of Agriculture to reduce the cents-per-meal level.
United States · United States Congress · 9 May 1985
Authorizes the Secretary of the Air Force to enter into agreements with the State of Illinois or appropriate units of local government to permit the joint use of Scott Air Force Base for military and civilian aviation purposes. Renames Scott Air Force Base as the Mel Price Air Force Base and Airport Illinois.
United States · United States Congress · 8 May 1985
Expedited Funds Availability Act - Requires the Board of Governors of the Federal Reserve System to begin to develop a system to provide that: (1) funds deposited by checks drawn on a local depository institution shall be available for withdrawal the next business day following the day of deposit; and (2) for all other checks, not more than three business days shall pass between the day of deposit and the day on which the funds become available. Requires such system to be implemented no later than five years after the date of enactment of this Act. Requires the Board, not later than six months after the date of enactment of this Act and annually thereafter until such goal is achieved, to report to the Congress concerning the actions it has taken. Sets forth time standards for expedited check clearing in any case in which funds are deposited by check in an account at a depository institution. Requires cash deposits to be available on the next business day. Makes exceptions to such standards with respect to: (1) checks drawn on a depository institution or an office of a depository institution located outside of the United States; (2) deposits of checks aggregating more than $5,000 in any account on any business day, excluding cashier's and certified checks beginning two years after enactment of this Act; (3) deposits made by new depositors within the first 30 days after opening an account, excluding cashier's and certified checks beginning two years after enactment of this Act; (4) any account that is overdrawn three times in six months; and (5) emergencies beyond the control of the depository institution. Permits a State to require, or a depository institution to provide for, shorter time periods for deposit availability. Requires interest to accrue on funds deposited in interest-bearing accounts beginning on the business day of deposit. Requires a depository institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by check. Authorizes the Board to publish model disclosure forms and clauses for common transactions. Directs the Board to establish a Payments System Advisory Council to advise and consult with it in the exercise of its functions under this Act. Sets forth provisions governing: (1) the administrative enforcement of this Act; and (2) the civil liability of institutions that fail to comply with this title.
United States · United States Congress · 8 May 1985
Authorizes the Society of the Third Infantry Division to erect a memorial on public grounds in the District of Columbia or its environs in honor of the men of the "Rock of the Marne" of the Third Infantry Division who served in both World Wars, Korea, and maintaining peace. Authorizes the Secretary of the Interior to select a site for the memorial subject to the approval of the National Commission of Fine Arts, the National Capital Planning Commission, and, under certain circumstances, the Mayor of the District of Columbia. Subjects the design and plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Directs that the maintenance and care of the memorial shall be the Secretary's responsibility unless the memorial is on public grounds under the jurisdiction of the District of Columbia in which case such duties fall on the District of Columbia. Provides that funds of the United States or the District of Columbia may not be used to erect the memorial. Directs that the authority to establish the memorial is contingent upon its erection beginning within five years with funds sufficient to ensure its completion.
United States · United States Congress · 8 May 1985
Amends the Internal Revenue Code to allow a deduction for the amount of the premiums paid on a life insurance contract the beneficiary of which is a trust established for the benefit of a disabled individual. Requires the insurance contract to be on the life of the taxpayer, the taxpayer's spouse, or a former spouse. Limits the amount of the insurance contract to $100,000. Sets forth rules for the establishment and operation of the trust for the benefit of a disabled individual. Provides that amounts distributed from such trust shall not be included in the gross income of the beneficiary of a qualified disabled individual's trust. Provides that the proceeds of the insurance contract shall be excluded from the estate of the taxpayer, and includes in the gross estate of the income beneficiary of the trust the remaining portion of the corpus attributable to the insurance contract and any accumulated income attributable to such amount. Sets forth a formula for computing the estate tax on this amount.
United States · United States Congress · 8 May 1985
Expresses the sense of the House of Representatives that the administration should comply with the automatic appropriation and earmarking provisions of the Wallop/Breaux Sport Fish Restoration Trust Fund. States that funds owed to the States from such Fund should not be withheld or delayed.
United States · United States Congress · 7 May 1985
Field Office Closing Justification Act - Requires executive agencies (except the General Accounting Office and the Department of Defense) to report to the Congress prior to any personnel action respecting an employee assigned to any field office which is incidental to a reorganization of such field office. Describes such personnel action as removal, reduction in grade or pay, involuntary reassignment, or furlough.
United States · United States Congress · 6 May 1985
Gifted and Talented Children's Education Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to add this Act as part A (Gifted and Talented Children) of title IX (Additional Programs) of ESEA. Authorizes appropriations for FY 1986 through 1990 for programs for gifted and talented children. Directs the Secretary of Education to reserve a specified portion of such funds for discretionary programs. Requires that the remainder of such appropriations be available for State programs. Sets forth provisions for State programs. Directs the Secretary to make grants to State educational agencies (SEAs) for the Federal share of the costs of planning, developing, operating, and improving programs to meet the educational needs of gifted and talented children at the preschool, elementary, and secondary levels. Permits such programs to include: (1) inservice training of personnel to teach such children; (2) demonstration programs designed to develop special techniques for teaching such children, and assessments of such programs; and (3) State leadership programs to assist in extending programs for such children throughout the State. Directs the Secretary to allot such funds in accordance with specified provisions. Requires SEA applications for such grants to contain specified assurances, including the assurance that appropriate consideration will be given to the particular educational needs of disadvantaged gifted and talented children. Prohibits an SEA from reserving more than ten percent of grant funds for program administration, technical assistance, coordination, and statewide planning. Requires an SEA to distribute, on a competitive basis, at least 90 percent of grant funds to local educational agencies (LEAs) which apply, with due regard for the quality of the proposed activities. Requires an SEA to use at least 50 percent of grant funds for programs and projects which include a component for the identification and education of disadvantaged gifted and talented children from low-income families. Permits use of grant funds for instructional equipment only if such equipment will enhance the program or project. Prohibits SEA approval of an LEA application unless the needs of children in nonprofit private elementary and secondary schools have been taken into account. Requires the SEA to provide technical assistance for proposals and programs of LEAs which are unable to compete due to smaller size or lack of financial resources. Requires that an opportunity for a hearing be afforded before the Secretary may disapprove an application which does not meet specified requirements. Sets forth provisions for discretionary programs relating to education of gifted and talented children. Authorizes the Secretary, from amounts reserved for discretionary programs, to pay the Federal share of the costs of grants or contracts to SEAs, LEAs, institutions of higher education, and other public or private organizations for: (1) leadership training of personnel engaged in the education of gifted and talented children; (2) an information clearinghouse; and (3) research, evaluation, and related activities. Sets forth application requirements for discretionary program grants and contracts. Applies specified ESEA requirements relating to private school pupil and teacher participation in such discretionary programs, unless such requirements cannot be legally met in the State. Sets forth provisions for State allotments of appropriations for programs for gifted and talented children. Directs the Secretary to allot up to one percent of such appropriations, in accordance with their respective needs, among: (1) Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands; (2) programs in schools operated for Indian children by the Department of the Interior; and (3) programs in overseas dependent schools of the Department of Defense. Directs the Secretary to allot the remainder among applicant States on the basis of numbers of children aged five through 17, with a $50,000 minimum allotment to each State. Sets forth provisions for reallotment of any State allotment exceeding the amount a State needs and will be able to use in a fiscal year. Directs the Secretary to designate an administrative unit within the Office of Education to administer and coordinate programs for gifted and talented children and youth. Provides that any Indian tribe or Hawaiian organization which operates schools for its children shall be deemed an LEA for purposes of this Act. Makes the Federal share for any fiscal year 90 percent, but 100 percent for programs and projects involving participation of private school students.
United States · United States Congress · 6 May 1985
Amends title XVIII (Medicare) of the Social Security Act to provide that nursing care and home health aid services may be provided on a daily basis as home health services for up to 90 days with monthly physician certification of the need for such services, and after the 90 day period on a physician certification of exceptional circumstances.
United States · United States Congress · 2 May 1985
Medicare Vision Reform Act of 1985 - Amends title XVIII (Medicare) of the Social Security Act to provide coverage for all services provided by a doctor of optometry. (Current law permits coverage for optometric services only if related to the condition of aphakia). Requires payment for optometric services to be made on the basis of an assignment.
United States · United States Congress · 1 May 1985
Parkinsons Disease Amelioration Act - Establishes the Commission for the Amelioration of Parkinsonism Disease which shall: (1) conduct a study of the medical and social management of parkinsonism; (2) determine whether there is an appropriate balance between basic brain research and clinical research on parkinsonism and other ailments; (3) investigate and make recommendations concerning the proper roles of Federal, State, and local governments and public and private agencies in the research, prevention, and identification of Parkinson's disease and the treatment and rehabilitation of persons with Parkinson's disease; and (4) develop a national plan for the control of parkinsonism. Sets forth operating and related provisions. Requires the Commission to make a final report to the President and each House of Congress within six months. Terminates the Commission 30 days after submission of the final report.
United States · United States Congress · 1 May 1985
Expresses the sense of the House of Representatives that it will not allow any reduction in benefits under the Social Security Act by any method, or any downward adjustment, freeze, or delay in cost-of-living increases.
United States · United States Congress · 30 April 1985
Comprehensive Alzheimer's Assistance, Research, and Education Act of 1985 - Title I : Amendment to the Public Health Service Act - Amends the Public Health Service Act to establish a National Alzheimer's Education Program to: (1) coordinate education and training programs of the National Institutes of Health (NIH), the Veterans Administration, other Federal entities, State and local governments, and private organizations; (2) establish an information clearinghouse; (3) provide information to health care providers, organizations, patients, and the general public; and (4) provide technical assistance to States and public and private organizations in the collection and dissemination of information. Authorizes appropriations for FY 1986 through 1988 for such purposes. Directs the Secretary of Health and Human Services to make grants to States to plan, establish, and operate programs to: (1) coordinate the development and operation of diagnostic, treatment, care management, respite care, legal counseling, and education services provided by public and private organizations within the State; (2) provide respite care to patients with Alzheimer's disease and related disorders; (3) provide information to health care providers, organizations, and the general public on treatment and related services for patients and their families; (4) coordinate the development and operation of continuing education for health care providers on the diagnosis, treatment, and care management of Alzheimer's disease and related disorders; (5) review State policies on the financing and reimbursement of health care costs for such patients; (6) review State nursing home regulations as they apply to such patients; and (7) coordinate with the National Alzheimer's Education Program. Limits Federal grants for such programs to the lesser of one half the cost or $1,000,000. Authorizes appropriations for FY 1986 through 1988. Directs the Secretary to establish a plan for a research program for the study of Alzheimer's disease and related disorders. Directs the Secretary to make grants and enter into contracts with public and private entities for ten to 20 Alzheimer's disease research centers. Authorizes appropriations for FY 1986 through 1988. Provides for the recovery from Alaska of Federal grants provided under the Public Health Service Act if within 20 years from the date of completion of a medical facility, such facility ceases to be a publicly owned facility operated for the care or treatment of patients under Alaska's mental health program. Title II: Medicare and Medicaid Research, Demonstrations, and Waivers - Directs the Secretary to conduct research, waiver, and demonstration projects under the Medicare and Medicaid provisions of the Social Security Act to determine the: (1) coverage of alternative methods of health care for patients with Alzheimer's disease and related disorders; (2) coverage of nursing home care; and (3) appropriate reimbursement levels for nursing homes with such patients. Title III: Report - Directs the Secretary to report to the Congress within two years after the date of enactment.
United States · United States Congress · 30 April 1985
Directs the Secretary of Health and Human Services to provide for Medicare (title XVIII of the Social Security Act) demonstration projects in at least four States, under which: (1) the Secretary would contract with one or more health maintenance organizations or competitive medical plans (organizations) to perform the functions both of intermediaries under part A (Hospital Insurance) of title XVIII and carriers under part B (Supplementary Medical Insurance) with respect to benefits furnished in a State; (2) if the Secretary contracts with one organization in an area, the Secretary must permit any other organization in the area to enter into such a contract; (3) individuals residing in the State covered by the project and entitled or enrolled under part A or B of title XVIII would be required to enroll with at least one participating organization, but may elect to receive any covered service through any qualified Medicare provider; (4) an organization may offer additional benefits, at no additional cost; (5) an organization will not charge copayments or deductibles if a beneficiary is enrolled with and receives benefits directly from the organization; (6) each organization would receive payment at an annual per capita rate equal to 95 percent of the adjusted per capita cost; and (7) each organization shall have the right of final claim review for necessity and appropriateness of items and services furnished. Directs the Secretary to submit to the Congress a protocol report concerning such demonstration projects and annual reports.
United States · United States Congress · 29 April 1985
Designates the week beginning on April 13, 1986, as National Garden Week. Urges the wearing of garden flowers during that week as a symbol of appreciation for the contributions of the Nation's gardeners.
United States · United States Congress · 25 April 1985
National Institute of Education Reauthorization Act of 1985 - Amends the General Education Provisions Act to authorize appropriations for FY 1986 for the National Institute of Education (the Institute). Revises provisions relating to the appointment, composition, and functioning of the National Council on Educational Research (the Council). Provides that the Council shall be appointed by the Secretary of Education (rather than the President). Provides that the chairperson of the Council shall be elected by the Council from among the members at a meeting open to the general public for which public notice has been given. Provides that members shall be broadly representative of the education profession, including practitioners and researchers, and shall include individuals with special knowledge of the various fields of education that predominate at the preschool, elementary, secondary, and postsecondary levels. Requires that at least eight of the 15 members represent the interests of education organizations that utilize educational research to enhance learning and other positive school-related behaviors. Prohibits the Council or any of its members from using Institute or Council staff, facilities, equipment, supplies, or franking privileges to promote personal or political views or values. Requires the Director of the Council to submit an annual report to the President and the Congress on the activities of the Institute and on education and educational research in general, including appropriate recommendations and comments. Sets a March 31 deadline for submission of each such annual report. Makes technical and conforming amendments. Makes the effective date of this Act October 1, 1985, but terminates the terms of members of the Council, who are appointed by the President under current law, on September 30, 1985.
United States · United States Congress · 24 April 1985
Authorizes election agencies to mail voter registration forms, absentee ballots, and certain related materials free of postage. Declares that this Act does not apply to mail matter transmitted under the Federal Voting Assistance Act of 1955 or the Overseas Citizens Voting Rights Act of 1975.
United States · United States Congress · 23 April 1985
Authorizes the President, on behalf of the Congress, to present a gold medal honoring George Gershwin to his sister, Frances Gershwin Godowsky, and a gold medal honoring Ira Gershwin to his widow, Lenore Gershwin. Directs the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 18 April 1985
Coastal Zone Management Reauthorization Act of 1985 - Amends the Coastal Zone Management Act of 1972 to direct the Secretary of Commerce to reduce financial assistance extended to a coastal State in certain circumstances. Establishes the National Estuarine Sanctuary Reserve System (the System). Authorizes the Secretary to designate an estuarine area as a national estuarine research reserve upon certain findings. Requires the Secretary to develop guidelines for research within the System. Requires the Secretary to promote and coordinate the utilization of such reserves. Authorizes the Secretary to make grants to coastal States for acquisition or operation of such reserves or to a coastal State or other entity to support research and monitoring within a reserve. Sets per-reserve grant limits. Directs the Secretary to periodically evaluate the operation and management of each reserve and its research. Authorizes the Secretary to suspend a reserve from eligibility for financial assistance or withdraw its designation as a national reserve upon certain findings. Requires an annual report, beginning with FY 1986, by the Secretary to the Congress concerning such reserves. Repeals Federal provisions which establish: (1) research and technical assistance grants for coastal zone management; and (2) the Coastal Zone Management Advisory Committee and certain other positions. Adjusts the authorization of appropriations for administrative grants to States for coastal resources management programs and for the establishment of national estuarine sanctuaries.
United States · United States Congress · 18 April 1985
Authorizes the President to call a White House Conference on Library and Information Services, to be held not later than 1989, to develop recommendations for improvement of such services and their public use. Requires that the Conference be planned and conducted by the National Commission on Libraries and Information Sciences. Authorizes the Librarian of Congress, the Director of the National Library of Medicine, and the Director of the National Agricultural Library, upon request, to detail personnel to the Commission. Requires the Conference to submit a final report to the President within 120 days following its close. Directs that the final report be made public, and within 90 days after receipt by the President, transmitted to the Congress with recommendations. Establishes an advisory committee to assist in planning and conducting the Conference. Includes among its appointed members the Secretary of Education and the Librarian of Congress. Authorizes appropriations as necessary.
United States · United States Congress · 18 April 1985
Expresses the sense of the Congress that the President should cancel his planned visit to the Bitburg Cemetery out of respect for the millions who suffered and died at the hands of the SS and the Nazis.
United States · United States Congress · 17 April 1985
Amends the Internal Revenue Code to exclude from gross income $2,000 of the compensation received by an auxiliary police officer or volunteer fire fighter.
United States · United States Congress · 17 April 1985
National Lottery and Deficit Reduction Act - Establishes a national lottery to reduce the Federal deficit, to be administered and operated by the Secretary of the Treasury. Requires the Secretary to: (1) issue regulations in accordance with this Act; (2) deposit lottery receipts in the general fund of the Treasury; and (3) report to the Congress monthly on lottery revenues and expenditures. Sets forth criminal penalties for illegal ticket sales and the sale of counterfeit tickets. Makes Federal lottery provisions inapplicable to this Act. Establishes the National Lottery and Deficit Reduction Trust Fund to consist of amounts received from lottery ticket sales and fines imposed under criminal penalties. Directs the Secretary to invest portions of the Trust Fund not required for current withdrawals in interest-bearing obligations of the United States. Requires that proceeds from such investments be credited to the Trust Fund. Declares the following purposes for amounts in the Trust Fund: (1) 75 percent to reduce the principal on the Federal debt; (2) 20 percent to pay prizes; and (3) five percent for administration and operation. Authorizes appropriations as necessary for FY 1986. Authorizes the mailing of lottery tickets and materials for purposes of this Act.
United States · United States Congress · 17 April 1985
Amends the Internal Revenue Code to exclude from gross income amounts received from a public retirement system (pensions or annuities) which are attributable to services as a Federal, State, or local police officer or fire fighter.
United States · United States Congress · 17 April 1985
Amends the Internal Revenue Code to provide that early retirement benefits of a defined benefit plan established for police officers and fire fighters shall be limited by actuarial adjustments made by reference to age 55 (instead of age 62).
United States · United States Congress · 16 April 1985
Expresses the sense of the House of Representatives that legislation should not be enacted which would further restrict: (1) eligibility for Federal student financial aid; or (2) access to higher education.
United States · United States Congress · 15 April 1985
Directs the Federal Trade Commission to issue a rule under the Federal Trade Commission Act regarding unfair and deceptive acts and practices by life care homes. Instructs the Commission to consider including requirements regarding the following: (1) the disclosure to prospective and current residents of specified financial and contractual plans, obligations, and dealings; (2) the definition of advertising practices which are unfair and deceptive and actions to be taken by life care homes to prevent such practices; and (3) the use of readily understandable terms in life care contracts. Requires the Commission to include a statement of the reasons why any such requirement is not included in the rules issued pursuant to this Act. Directs the Commission to study unfair and deceptive acts and practices engaged in by nursing homes and report such findings to the Congress.
United States · United States Congress · 15 April 1985
Federal Tax Delinquency Amnesty Act of 1985 - Provides for a one-time amnesty from criminal and civil tax penalties for a taxpayer who: (1) files a written statement with specified information concerning any underpayment of tax; (2) pays the amount of such underpayment when filing the statement; and (3) within 30 days of notification of 50 percent of the amount of interest payable on any tax delinquent amount, pays the amount of such interest or delinquency. Permits installment payments in certain cases. Defines the amnesty period as the period from July 1, 1985, to December 31, 1985, or the six-month period beginning the first July 1 after the enactment of this Act. Applies such amnesty to all payments relating to tax years ending by December 31, 1983, or taxable events occurring before January 1, 1984. Disallows such amnesty where: (1) the taxpayer was contacted before a statement was filed; (2) there was fraud in seeking amnesty; (3) a criminal investigation is pending; or (4) the income involved is illegal source income. Authorizes appropriations to administer such amnesty program and to employ 3,000 additional Internal Revenue Service agents. Increases criminal and civil tax penalties by 50 percent.
United States · United States Congress · 4 April 1985
Amends the Library Services and Construction Act (the Act) to revise the definitions of "long-range program" and "Indian tribe." Makes specified requirements for maintenance of funding levels for public library systems applicable to Hawaiian native programs. Provides that, for purposes of basic State plan requirements, "limited English-speaking proficiency" shall be determined according to its definition under the Bilingual Education Act. Specifies that certain references under provisions relating to administrative costs are to titles I, II, and III of the Act. Excludes the amount made available for Indian tribes and Hawaiian natives from certain determinations for purposes of reservation of portions of State allotments for major urban resource libraries. Makes inapplicable in the case of Indian tribes and Indians in California, Oklahoma, and Alaska any provisions of title IV (Library Services for Indian Tribes) which require that services be provided on or near Indian reservations, or to only those Indians who live on or near Indian reservations. Amends the General Education Provision Act to authorize appropriations for the Minority Institutions Science Improvement Program for FY 1985 and 1986. Amends the Harry S Truman Memorial Scholarship Act to remove the dollar limitation on stipends paid under such Act. Authorizes the Harry S Truman Scholarship Foundation to prescribe regulations governing the amount of such stipends.
United States · United States Congress · 4 April 1985
Requires the Administrator of Veterans Affairs to furnish flags to drape the caskets of those who served as merchant seamen aboard a seagoing vessel of the United States during any period of war prior to the end of World War II. Provides for recognition on National Defense Transportation Day of persons who serve aboard seagoing U.S. merchant vessels during any period of war.
United States · United States Congress · 4 April 1985
Prohibits the imposition of import quotas on sugar and repeals any existing quotas on sugar. Authorizes increases or decreases in the tariff on sugar if such change is appropriate to give effect to the interests of domestic sugar producers and materially affected contracting parties to the General Agreement on Tariffs and Trade. Amends the Agricultural Adjustment Act of 1933 to authorize the President to rebate to the government of any foreign country the fees charged for imports of sugar from that country. Amends the Agricultural Act of 1949 to authorize price supports for sugar and sugarcane producers.
United States · United States Congress · 4 April 1985
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide coverage for outpatient occupational therapy services.
United States · United States Congress · 4 April 1985
Volunteering in Government Act of 1985 - Permits any executive agency to recruit, train, and accept the service of a volunteer, and to enter into an agreement with any nonprofit organization for volunteer service, to carry out any appropriate agency activity. Declares that such volunteers shall be considered to be Federal employees only under provisions concerning tort claims and workers' compensation. Directs agencies to provide such volunteers and nonprofit organizations funds to pay necessary expenses for performing any such activity. Prohibits the dismissal of any agency employee or the impairment of any service contract as a result of an agency's utilizing volunteer services. Authorizes agencies to give preference to grant applicants who use volunteer services most extensively. Authorizes each agency to use one percent of the funds appropriated to it for general administrative and operating expenses each fiscal year to carry out this Act. Requires the Director of the Office of Personnel Management to report to the Congress biennially on the volunteer services and savings resulting from implementation of this Act.
![Official portrait of Rep. Biaggi, Mario [D-NY-19]](https://www.congress.gov/img/member/b000432_200.jpg)