United States · United States Congress · 26 March 1985
Amends title XVIII (Medicare) of the Social Security Act to permit a hospice to contract out for nursing care with a Medicare-certified provider if the provider: (1) is located in a rural area or in a health manpower shortage area; or (2) provided hospice services and was incorporated or licensed, prior to January 1, 1985. Requires the provider to be presently certified and to have been certified prior to January 1, 1985.
United States · United States Congress · 21 March 1985
Safe Drinking Water Act Amendments of 1985 - Title I: Public Water Systems - Amends the Safe Drinking Water Act (SDWA) to make existing national interim primary drinking water regulations final. Directs the Administrator of the Environmental Protection Agency (EPA), within varying time periods for specified contaminants, to simultaneously propose and then publish either maximum contaminant level goals and national primary drinking water regulations or else a determination that such regulations are not justified because the levels of such contaminant in the public water systems do not represent a threat. Directs the Administrator to publish maximum contaminant level goals and simultaneously promulgate national primary drinking water regulations for each other substance which may have an adverse effect on human health. Requires the Administrator to publish an annual list establishing priorities for the review of such substances, considering substances regulated as toxic water pollutants under the Clean Water Act and substances registered as pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. Directs the Administrator, within three years of each contaminant's being listed on such priority list, to simultaneously propose and then publish either maximum contaminant level goals and national primary drinking water regulations or else a determination that such regulations are not justified. Requires that each maximum contaminant level goal allow an adequate margin of safety and that each national primary drinking water regulation specify a maximum level which is as close to the goal as is feasible. Authorizes the Administrator to promulgate a national primary drinking water regulation that requires the use of an acceptable treatment technique in lieu of establishing a maximum contaminant level if it is not economically or technologically feasible to establish such a level. Directs the Administrator to propose and promulgate primary drinking water regulations specifying when public water systems using surface water as a source of supply must use filtration. Directs the Administrator to promulgate disinfection regulations applicable to all public water systems, including variances and technical assistance. Directs the Administrator to provide the Science Advisory Board an opportunity to comment prior to the proposal of a maximum contaminant level goal and national primary drinking water regulation. Authorizes the Administrator to take into consideration the size of a public water system and the contaminants likely to be found in its drinking water in requiring a system to monitor for unregulated contaminants. Directs the Administrator to promulgate regulations requiring every public water system to conduct a monitoring program for unregulated contaminants at least once every five years, unless the number of persons served or the likely contaminants require greater frequency. Authorizes the primary State enforcement authority to delete contaminants for an individual system after Administrator approval of the assessment. Permits the waiver of such monitoring requirement for certain systems which have recently concluded such a program and for certain systems supplying fewer than 150 service connections. Authorizes the Administrator to issue compliance orders as well as bring civil suits to enforce these provisions. Directs the Administrator to amend regulations to provide for varying types and frequencies of public notice of violations by a public water system, depending upon their frequency and seriousness. Requires a State to prescribe within one year a schedule of compliance and implementation of control measures at the same time it grants an exemption. Permits the primary enforcing authority (State or Administrator in the case of four States and the District of Columbia) to extend the exemption for up to three years after the issue date if a system in good faith cannot meet the standard without capital improvements or financial assistance or has agreed to become part of a regional public water system. Permits exemption renewals for systems with 500 or fewer service connections. Establishes criminal and civil penalties for tampering with a public water system. Authorizes the Administrator to provide technical assistance to small public water systems to enable them to comply with national drinking water standards. Authorizes appropriations for FY 1986 through 1989. Title II: Protection of Underground Sources of Drinking Water - Prohibits the disposal of hazardous waste by underground injection above or into a formation which contains an underground source of drinking water unless such injection is part of a required corrective or response action. Directs the Administrator to require groundwater monitoring at appropriate locations to detect fluid migration into underground drinking water sources from injection wells. Requires the Administrator to report to the Congress within nine months of this Act's enactment on State surveys of disposal wells which discharge nonhazardous waste into or above underground sources of drinking water. Directs the Administrator to issue a compliance order or commence a civil action if a State does not enforce violations of the underground injection control program. Quintuples the maximum per day penalty for violations. Revises other provisions relating to the imposition of civil penalties. Requires each State to adopt and submit to the Administrator for approval a comprehensive State plan to protect underground sources of drinking water from unhealthful contamination. Requires such plans to: (1) identify the implementing agency; (2) identify each underground water source, its quality, patterns, and contamination potential; (3) identify the types of human development and their effects for each such source; (4) set forth regulations, including establishing best management practices for potential contamination activities; and (5) guarantee alternative drinking water supplies when an underground source becomes unhealthful to persons. Sets forth submission and resubmission procedures. Requires State compliance with these requirements as a condition of receiving funds for a State underground injection program. Extends to natural gas storage operations specified limitations on regulation of underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production. Limits the use of funds authorized for such purposes to these purposes. Requires each State to implement its plan within two years of its adoption if possible, submitting a progress report to the Administrator within that time regarding implementation. Requires Federal agencies involved in activities affecting a critical recharge area identified in an approved State plan to act in a manner consistent with such plan. Authorizes municipalities within a sole source area to petition the Governor to designate part of such area as a "special protection area." Requires the Governor, if approving the petition, to: (1) designate or establish an entity to develop a comprehensive management plan; (2) assure and encourage public participation; and (3) submit to the Administrator of the Environmental Protection Agency the proposed boundaries of the area and a description of the planning entity. Authorizes the Administrator, if approving the Governor's submission, to provide such State with a 50 percent matching grant for the costs of preparing the petition and developing and implementing the plan. Increases the Federal share to 60 percent for aquifers serving populations of 10,000 or less. Requires the plan to maintain the quality of the ground water recharged through the special protection area by maintenance, to the maximum extent possible, of the natural vegetative and hydrological conditions. Permits the resubmission of modified plans if earlier submissions to the Governor or Administrator are rejected. Authorizes the Administrator or a State with primary enforcing responsibility to order certain contaminators of a sole or principal source aquifer which supplies a public water system to provide potable water to affected persons. Establishes civil penalties for violations. Directs the Administrator to establish criteria for sole or principal source areas. Title III: General Provisions - Authorizes appropriations for FY 1986 through 1989.
United States · United States Congress · 20 March 1985
Mail Order Drug Paraphernalia Control Act - Makes it a Federal criminal offense for any person to use the U.S. Postal Service or any private parcel service in interstate commerce as part of a scheme to sell drug paraphernalia. Imposes a penalty of imprisonment for not more than three years and a fine of not more than $100,000. Provides for the seizure and forfeiture of any paraphernalia involved in a violation of this Act.
United States · United States Congress · 20 March 1985
Labor-Management Notification and Consultation Act of 1985 - Prohibits any employer (i.e. any business with 50 or more employees) from ordering a plant closing or permanent layoff until 90 days after the employer serves written notice of a proposal to issue such an order to: (1) the representative of the affected employees or, if none, to each affected employee; and (2) the Federal Mediation and Conciliation Service. Provides for reduction of such notification period if the Service determines that unavoidable business circumstances prevent the employer from withholding such closing or layoff until the end of such period. Provides for extension of such notification period thus prohibiting the ordering of such closing or layoff while the employer is subject to an order to continue to consult. Prohibits an employer from ordering a plant closing or permanent layoff unless the employer has: (1) met with representatives of the affected employees with respect to a proposal to order such closing or layoff; and (2) consulted in good faith with such representative for the purpose of agreeing to a mutually satisfactory alternative to or modification of such proposal. Makes such obligation to consult commence on the date of notice and continue until the end of the 90-day notification period. Provides that such consultation period shall be extended if the Service determines that the employer has failed to comply with such consultation requirements. Authorizes the Service to renew any such extension imposed. Requires the employer to disclose to the affected employees' representative information necessary for thorough evaluation of: (1) the proposal to order the closing or layoff; and (2) any alternatives or modifications suggested to such proposal. Authorizes the Service to issue protective orders to prevent disclosure of information which could compromise the employer's competitive position. Sets forth provisions for the administration and enforcement of requirements under this Act. Provides for: (1) assistance by the Service to employers, employee representatives, affected employees, State employment services, and other State and local officials; (2) investigations and injunctive actions by the Department of Labor; (3) civil actions against employers; and (4) civil actions against representatives of employees. Provides that the rights and remedies provided to employees by this Act are in addition to any other contractual, statutory, or other legal rights and remedies of the employees. Expresses the sense of the Congress that employers who, because affected employees do not have a representative, are not required to comply with the consultation and disclosure requirements under this Act should consult with and disclose information to such employees in order to reach a mutually satisfactory alternative or modification of the proposal to order the closing or layoff. Establishes a National Commission on Plant Closings and Worker Dislocation. Requires the Commission to report to the President and the Congress within 12 months of the appointment of members. Terminates the Commission 30 days after such report. Authorizes appropriations for the Commission.
United States · United States Congress · 20 March 1985
Dislocated Workers Act of 1985 - Title I: Employment Impact of Federal Programs - Directs the Secretary of Labor to establish and maintain the capacity to estimate the employment and unemployment impact of Federal programs, and the termination of Federal programs, including programs of financial assistance. Requires that the impact reports be established and maintained on an individual program-by-program basis, with separate estimates in a State and sub-State level. Requires that such estimates include both the direct and indirect employment effects of Federal expenditures. Title II: Dislocated Workers - Amends the Higher Education Act of 1965 (HEA) to direct the Secretary of Education to disregard, in any case in which a student is a certified dislocated worker under title III of the Job Training Partnership Act (JTPA), all equity in a single principal place of residence and the amount of unemployment benefits, for purposes of computation of assets and income for the proposed family contribution schedule for determination of Pell grants. Authorizes appropriations to cover such additional entitlements, but prohibits payment of such entitlements unless funds are provided for in an appropriation Act. Amends HEA to provide that, in the case of any such dislocated worker identified under JTPA, determinations of need for purposes of the Guaranteed Student Loan program shall be based on current income. Authorizes the Private Industry Council in every service delivery area (SDA) established under JTPA to provide information on training opportunities in the SDA, as well as the opportunities provided by this Act, to all individuals seeking training and retraining. Provides that acceptance of such training or retraining, and enrollment in a secondary institution with assistance made available pursuant to this title, shall be deemed to be acceptance of training with the approval of the State within the meaning of any other provision of Federal law relating to unemployment insurance. Excludes funds used for such purposes from specified cost limitations under JTPA. Title III: Procurement Targeting in Labor Surplus Areas - Directs the head of each Federal agency which procures supplies and equipment at a rate in excess of $1,000,000,000 in FY 1982 to set targets, in each fiscal year, for such procurement within labor surplus areas, as defined by the Secretary of Labor. Directs the Director of the Office of Management and Budget to report to specified congressional committees on: (1) the amount and percentage of contracts awarded by each Federal agency in labor surplus areas; (2) the impact of such contracts on the area unemployment rate; and (3) whether such contracts could be increased without adverse impact on Federal procurement.
United States · United States Congress · 19 March 1985
Amends the Equal Credit Opportunity Act to prohibit the Board of Governors of the Federal Reserve System from exempting from such Act any class of credit transactions that are primarily for personal, family, or household purposes. Permits the Board to exempt (for five years) a type or class of business or commercial transactions only after determining that application of such Act to such transactions would not contribute substantially to effecting the purposes of such Act.
United States · United States Congress · 19 March 1985
Textile and Apparel Trade Enforcement Act of 1985 - Limits the total quantity of 1985 imports of textiles and textile products from a major exporting country to the lesser of an amount equal to 101 percent: (1) of the total quantity of textile products imported from such country if the total had increased by six percent annually (one percent annually for wool products) during 1981 through 1984; or (2) if the United States has an agreement with such country providing for an annual growth rate of less than six percent, of the total quantity of such products from such country imported during 1984. Limits the total quantity of 1985 imports of textiles and textile products from an exporting country to an amount equal to the total quantity of such products imported from such country during 1984 plus: (1) 15 percent of such quantity in the case of a category that is not an import sensitive category; or (2) one percent in the case of an import sensitive category. Provides for changing the classification of a country, except for a Caribbean country, from an exporting country to a major exporting country if the total textile imports from such country equals or exceeds one and one-quarter percent of all textiles imported into the United States. Sets forth a formula for adjusting the growth of textile imports annually. Sets forth certain minimum quantities of textile imports that all countries shall be allowed to export to the United States. Requires the Secretary of Commerce to enforce this Act. Directs the Secretary, within six months of enactment of this Act, to establish an import licensing system under which an importer of textiles will be required to present an import permit as a condition of entry of such textiles. Directs the President to report to the Congress annually on the administration of this Act.
United States · United States Congress · 19 March 1985
Federal Science and Technology Transfer Act of 1985 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to authorize Federal agencies, subject to specified conditions, to permit the directors of their Government-operated Federal laboratories to enter into cooperative research and development agreements with other Federal agencies, State or local governments, industrial organizations, universities, or other persons. Authorizes Government-operated Federal laboratories, under such agreements and subject to specified conditions, to: (1) grant patent licenses or assignments, or options, in any subject invention made by a Federal employee, or made jointly by a Federal employee and an employee of the collaborating party, and to retain such rights as the laboratory deems appropriate; and (2) waive in advance any right of ownership which the Federal Government may have to any subject invention made by a collaborating party or such party's employee under the agreement. Requires Federal agencies to establish certain plans to be followed in entering into such agreements. Prohibits such agreements with: (1) any person who is not located in the United States, does not have a place of business located in the United States, or is subject to the control of a foreign government; or (2) any other entity which is owned or controlled by any such person. Prohibits such agreements if an authority of the Federal Government which is authorized by statute or executive order to conduct foreign intelligence or counterintelligence activities determines that ownership or licensing rights granted by the agreement must be restricted or eliminated in order to protect the security of such activities. Provides for an appeals procedure with respect to such determinations. Provides that specified provisions of Federal law relating to patent rights in inventions made with Federal assistance shall apply to certain types of such agreements. Provides that small businesses will be given preference in the making of certain types of such agreements. Prohibits any person (or his or her assignee) who receives title or exclusive right or exclusive patent license to any subject invention from granting the exclusive right to use or sell, or from making exclusive use of, such invention unless the products embodying it or produced through its use will be manufactured substantially in the United States. Authorizes the Federal agency concerned to waive such prohibition on a case-by-case basis under specified conditions. Directs each agency to maintain a record of all such agreements. Establishes the Federal Laboratory Consortium for Technology Transfer in the National Science Foundation. Requires the Director of the Foundation to appoint an individual to manage the Consortium and authorizes such individual to appoint Consortium employees. Sets forth Consortium duties relating to the commercial potential of new technologies generated by Federal laboratory research. Requires the Director of the Foundation to report biennially to the President and to the appropriate authorization and appropriation committees of the Congress on Consortium and other specified activities. Requires other Federal agencies to: (1) cooperate in providing information for such reports; and (2) transfer a specified portion of their research and development budgets to the Foundation to carry out Consortium activities. Sets forth rules and formulas for the distribution of royalties or other income received by Federal agencies from the licensing or assignment of inventions under such agreements under this Act, and from inventions licensed under provisions of Federal law relating to domestic and foreign protection of federally owned inventions, or under any other provision of law. Requires Federal agencies to report annually to the appropriate authorization and appropriation committees of the Congress detailing the amount of such royalties or other income received and expenditures made under such rules and formulas.
United States · United States Congress · 7 March 1985
Polygraph Protection Act of 1985 - Prohibits any employer from using any lie detector test or examination in the work place, for both pre-employment testing and testing in the course of employment. Requires the Secretary of Labor to prepare and have printed notices setting forth this prohibition. Requires employers to post these notices. Provides for remedies for violations of this Act as found in the Fair Labor Standards Act. Exempts Federal, State, and local employees from the Act's coverage.
United States · United States Congress · 7 March 1985
Amends the Internal Revenue Code to extend to January 1, 1992, the termination date for the deduction for expenses incurred in connection with the elimination of architectural and transportation barriers to the handicapped and the elderly.
United States · United States Congress · 7 March 1985
Expresses the sense of the House of Representatives that the Secretary of State should recommend to the Attorney General that extended voluntary departure status be granted to alien nationals of Guatemala until the situation there becomes safe for their return.
United States · United States Congress · 5 March 1985
Amends title XVIII (Medicare) of the Social Security Act to provide that if the Secretary of Health and Human Services enters into a risk-sharing contract with an eligible organization (either a health maintenance organization or a competitive medical plan) offering a "hospital-based comprehensive care program," then the entity need not meet certain requirements for Medicare participation which would otherwise have to be met. Defines a "hospital-based comprehensive care program."
United States · United States Congress · 28 February 1985
Requires presidential primaries to be held during the period beginning the second Tuesday in March and ending on the second Tuesday in June in the year of the presidential election. Directs the Attorney General of the United States to seek compliance with this Act by civil action for equitable relief in Federal district court.
United States · United States Congress · 28 February 1985
Employee Educational Assistance Act of 1985 - Amends the Internal Revenue Code to extend indefinitely the income tax exclusion for employee educational assistance programs. (Present law terminates such exclusion as of December 31, 1985.) Limits the maximum amount of such exclusion (beginning in 1986) to $5,000 of amounts paid or expenses incurred for educational assistance furnished to an employee during a calendar year. Exempts graduate students engaged in teaching or research activities from such maximum limit. Provides for annual cost-of-living adjustments in such maximum limit beginning in 1987.
United States · United States Congress · 28 February 1985
Amends the Tax Reform Act of 1984 to make permanent the rules relating to the allocation of research and experimental expenditures for purposes of determining income from sources within the United States.
United States · United States Congress · 27 February 1985
Select Commission on National Service Opportunities Act of 1985 - Establishes the Select Commission on National Service Opportunities to examine: (1) the effectiveness of existing service opportunities in the public and private sectors; (2) alternative types of national service programs; (3) the impact of potential changes in incentives for service; (4) the feasibility of incorporating existing and alternative service programs into a comprehensive national service program; (5) the need for and the desirability, feasibility, and cost of establishing and carrying out a program of mandatory national service; and (6) alternative ways to furnish educational assistance to participants in national service programs, and the costs of such alternatives. Directs the Commission to transmit a final report, with any recommendations for legislative or administrative actions, to the President and to the Congress not later than 15 months after its first meeting. Directs each affected executive department and agency to submit recommendations to the President for implementing such report. Directs the President to report to the Congress on the implementation of the Commission's recommendations. Terminates the Commission 180 days after its final report is transmitted. Authorizes appropriations for FY 1986.
United States · United States Congress · 27 February 1985
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to extend hospice benefits under title XVIII (Medicare) of the Social Security Act for two years, until October 1, 1988.
United States · United States Congress · 27 February 1985
Expresses the sense of the House of Representatives that the Congress should: (1) preserve current provisions of the Federal tax code which provide tax incentives for charitable contributions; and (2) withhold its support from any tax proposal which undermines the structure of deductions on which contributors to tax-exempt, nonprofit charities now rely.
United States · United States Congress · 26 February 1985
Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to require, in order to establish and maintain improved AFDC quality control standards and procedures: (1) each State to collect and submit to the Secretary of Health and Human Services a statistically reliable sample of AFDC cases; (2) the Secretary to review the sample and notify the State of its error rate; and (3) the State to develop and submit to the Secretary a corrective plan for eliminating or reducing errors. Permits waivers if a State has had a consistently low error rate. Directs the Secretary to establish criteria for corrective action plans. Provides for financial sanctions for States with error rates exceeding certain levels. Permits waivers of the sanctions in certain instances. Defines "error rate" as the ratio of erroneous payments to total payments. Defines "erroneous payments" as: (1) payments to ineligible families; and (2) overpayments to eligible families. Directs the Secretary to study and to report to the Congress concerning: (1) the nature of AFDC client errors; (2) measures of a State's performance under the AFDC program which are broader than the current quality control system based on payment accuracy alone; (3) the desirability of including underpayments as "erroneous payments"; and (4) the cost effectiveness of error reduction. Provides, with respect to title XVI (Supplemental Security Income) of the Act, for the continuation of certain regulations relating to Federal liability for error rates in State supplementation programs.
United States · United States Congress · 26 February 1985
Amends the Internal Revenue Code to extend the residential energy income tax credit for solar energy property for five years (from 1985 to 1990). Phases out the percentage of expenditures which may be taken into account for such credit between the years 1986 and 1990. Limits to $6,000 the maximum amount of expenditures for solar hot water systems which may be taken into account for purposes of such credit. Specifies additional standards which solar hot water systems and active space heating systems must meet in order to qualify for such credit. Increases and extends for five years (from 1985 to 1990) the energy investment tax credit for specified types of solar energy property.
United States · United States Congress · 26 February 1985
Expresses the sense of the Congress that: (1) veterans' disability compensation payments should remain exempt from Federal income taxation; and (2) the President should reject any proposals to tax such payments.
United States · United States Congress · 25 February 1985
Directs the Secretary of Transportation to apportion for expenditure on the National System of Interstate and Defense Highways: (1) the remaining sums authorized to be appropriated in accordance with the interstate cost estimate for FY 1985; and (2) the sums authorized to be appropriated in accordance with the interstate cost estimate for FY 1986. Directs the Secretary to apportion: (1) the remaining sums to be apportioned for FY 1984 for expenditure on substitute highway and transit projects; and (2) the sums to be apportioned for FY 1985 for expenditure on substitute highway and transit projects.
United States · United States Congress · 21 February 1985
Authorizes the President, on behalf of the Congress, to present a gold medal to the family of Harry Chapin in recognition of Harry Chapin's efforts to address issues of world hunger. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 21 February 1985
National Training Incentives Act of 1985 - Declares that it is the policy and responsibility of the Federal Government to encourage cooperation between employers and employees to promote training programs which will assist employees, should they be displaced from the work force, in training for a trade or occupation for which present and future employment opportunities exist. Enumerates congressional findings with respect to the inadequacies of existing employment and training programs, the importance of such programs to the national security and economy, the current funding of such programs, the impact of foreign trade competition on the U.S. economy and job market, and the inadequacies of the unemployment compensation system. Title I: Amendments to Internal Revenue Code of 1954 Relating to Employee Training - Amends the Internal Revenue Code to establish an employee training credit for employers. Adds such employee training credit to those credits which are included in the current year business credit for purposes of determining the general business income tax credit for a taxable year. (The Internal Revenue Code provisions for such general business income tax credit permit three-year carrybacks and 15-year carryforwards of unused credits, with specified limitations.) Makes such employee training credit for any taxable year equal to 25 percent of the excess, if any, of: (1) the qualified training expenses of the taxpayer for such taxable year, over (2) the base period training expenses of such taxpayer. Defines "qualified training expenses" as the aggregate amount of expenses paid or incurred by the taxpayer during the taxable year in connection with the training of employees under approved training programs. Defines "base period training expenses" as the average of the qualified training expenses for each year in the base period. Defines "base period" as the five taxable years of the taxpayer immediately preceding the taxable year for which the determination is being made ("the determination year"). Sets forth transitional rules for the first four determination years beginning after December 31, 1984. Sets minimum base period training expenses by providing that, in the case of any determination year of the taxpayer for which the qualified training expenses exceed 200 percent of the base period training expenses, "50 percent of such qualified training expenses" shall be substituted for "the base period training expenses" in the formula to determine the amount of the credit. Defines "approved training program," for purposes of such employee training credit, to include: (1) any apprenticeship program registered or approved by Federal or State agencies; (2) any employer-designed or employer-sponsored training program which meets certain requirements prescribed by the Secretary of Labor (Secretary); (3) any cooperative education; (4) any training program designated by the Secretary which is carried out under the supervision of an institution of higher education; or (5) any other training program approved by the Secretary. Sets forth the special tax rules for the aggregation of qualified training expenses, allocations of such credits, and adjusted to such employee training credit amount for acquisitions and dispositions of a trade or business. Specifies that the employee training credit shall be in addition to any other deduction or credit allowed for the same expenses under the Federal tax law. Amends the Internal Revenue Code to exempt from any penalty tax early withdrawal from an individual retirement account or annuity (IRA) of a displaced worker if such withdrawals are made to pay training expenses, do not exceed the allowable amount, and are made in accordance with the requirements of this Act. Incorporates provisions of title II of this Act relating to the definition of displaced workers, training expenses, and allowable IRA distributions within the Internal Revenue Code provisions relating to individual retirement accounts and annuities. Title II: Withdrawals from Individual Retirement Accounts and Annuities for Job Training for Displaced Workers - Entitles a displaced worker to apply to the Secretary of Labor (Secretary) for certification of such individual's status as a displaced worker. Defines a "displaced worker" as any individual, as of the time of application for a certificate, who has at least 20 quarters of coverage under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, who has received employment counseling within the past year from an agency approved by the Secretary, and who is in one of the following categories: (1) receiving regular State unemployment compensation; (2) exhausted the right to receive such compensation; (3) unemployed, or received notification of termination of employment within six months, due to permanent closure of a plant or facility; or (4) unemployed for six months or more and with limited opportunity for employment in a similar trade or occupation within a reasonable commuting distance. Permits displaced workers to withdraw amounts from their individual retirement account or annuity (IRA) to pay the expense (tuition, fees, books, supplies, or required equipment) of an eligible training program. Limits the amounts of such IRA withdrawal to $4,000 per year (with cost-of-living adjustments), minus aggregate amounts distributed for training expense payments in the four immediately preceding taxable years. Requires withdrawals from an IRA for training expenses to be made only through the use of a voucher issued by the account trustee or insurance company custodian upon presentation to such trustee or custodian by the displaced worker of a displaced worker certificate and an invoice or statement evidencing that such worker has enrolled in an eligible training program. Sets forth requirements for the presentation and redemption of vouchers for payment of job training expenses. Prohibits depositary institutions from assessing any penalty against a displaced worker for early withdrawals from an IRA to pay such training expenses. Permits adjustments in the rate of return on certain investments when IRA funds are withdrawn to pay such training expenses. Provides that the participation of displaced workers in an eligible training program shall not disqualify such workers for unemployment compensation to which they are otherwise entitled. Defines "eligible training program" as a training program offered by an institution of higher education, a postsecondary vocational institution, a proprietary institution of higher education, or any other institution approved by the Secretary which prepares students for gainful employment in a trade or occupation in which present and future employment opportunities exist. Requires the Secretary to promulgate regulations for: (1) the application of an educational institution for qualification of its training program; and (2) criteria for determining whether such a job training program qualified as an eligible training program under the terms of this Act. Directs the Secretary, for purposes of determining whether certain job training programs qualify as eligible training programs, to consider any determination relating to such programs made by: (1) the Administrator of Veterans Affairs or a State approving agency for veterans' educational programs; (2) a private industry council established under the Job Training Partnership Act or other official or group empowered to make determinations under such Act; (3) the Secretary of Education; (4) any State education agency; or (5) a nationally recognized accrediting agency which the Secretary determines to be reliable in evaluating the quality of job training programs. Sets forth nondiscrimination requirements for institutions offering such job training programs. Requires the Secretary to minimize the amount of paperwork and time necessary to certify any individual as a displaced worker or any training program as an eligible training program. Title III: State Employment Service Responsibilities - Directs the Secretary of Labor to allocate funds to States to reimburse administrative costs of public employment offices which provide certification for displaced workers, labor market and training information, and job search services. Authorizes appropriations for such purpose for FY 1986 and thereafter. Directs the Secretary to submit a report to the Congress on a nationwide computerized job bank and matching program authorized under the Job Training and Partnership Act. Title IV: Miscellaneous Provisions - Amends the Job Training Partnership Act to direct the private industry councils established under such Act to make information on job training programs available throughout their service delivery areas. Exempts such councils from limitations on expenditures imposed by such Act in providing such information. Excludes from the computation of the amount of the expected family contribution to a student for Pell Grant purposes any unemployment compensation received by such student or any IRA distribution used to pay training expenses of such student, provided such student is certified as a displaced worker under the terms of this Act.
United States · United States Congress · 21 February 1985
Administrative Law Judge Corps Act - Amends Federal law to establish, in Washington, D.C., an Administrative Law Judge Corps (the Corps) comprised of all current administrative law judges. States that the chief administrative law judge shall be the chief administrative officer of the Corps as well as its presiding judge. Specifies the qualifications for chief judge. States that such judge shall be appointed by the President, with the advice and consent of the Senate. Directs the chief judge to submit a written report to the President and the Congress. Establishes divisions (to number between four and ten) within the Corps, with each division headed by a division chief judge appointed by the President, with the consent of the Senate. Identifies initial divisions and their respective areas of jurisdiction. Specifies qualifications required for division chief judges. States that the Corps' policymaking body shall be the Council of the Corps (the Council), comprised of the chief judge and the division chief judges. Authorizes the Council to approve or disapprove: (1) the assignment of judges to divisions; (2) creation, abolition, or reorganization of divisions; and (3) re-assignments of division chief judges. Authorizes the Council to determine matters of general Corps policy, including: (1) the issuance of regulations for Corps proceedings; (2) creation or abolition of divisions or regional offices; (3) contractual transactions; and (4) delegation of functions to division chief judges. Establishes a Judicial Nomination Commission (the Commission) to submit a list of qualified nominees for positions of chief judge and division chief judges. Specifies officials who shall appoint a member to the Commission. Sets the terms of initial Corps appointments and the procedure for filling vacancies. Prescribes a procedure for recommending appointments to the President. Directs the Corps to appoint new judges from a register maintained by the Office of Personnel Management. Confers jurisdiction upon members of the Corps to adjudicate cases under specified sections of the Administrative Procedure Act. Requires cases arising under such sections to be referred to the Corps. Directs the Council to issue regulations for assigning such cases. Provides guidelines for the removal and discipline of administrative law judges. Establishes a Complaints Resolution Board within the Corps to recommend action upon complaints against the official conduct of judges. Details the membership of such Board and the procedures to be followed. Declares Board proceedings and the contents of complaints to be privileged and confidential. Exempts documents and reports considered by the Board from the disclosure and publication requirements of the Freedom of Information Act. Exempts the Board from compliance with the public meeting requirements of specified Federal law. Authorizes appropriations.
United States · United States Congress · 21 February 1985
Directs the Secretary of Health and Human Services to conduct a clinical trial in order to determine the efficiency and economic feasibility of providing Medicare (title XVIII of the Social Security Act) coverage for personal emergency response systems. Requires each personal emergency response system to include, for purposes of the clinical trial: (1) communication equipment located in the home which transmits signals for emergency medical assistance over the telephone; (2) a local response center to monitor such signals; and (3) medical personnel or other persons to provide emergency medical assistance. Authorizes appropriations. Directs the Secretary to transmit to the Congress a report containing the findings and conclusions of the clinical trial, along with any legislative recommendations.
United States · United States Congress · 21 February 1985
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to extend permanently the increase in the excise tax on cigarettes. (Present law terminates such increase as of October 1, 1985.)
United States · United States Congress · 21 February 1985
High Technology Research and Scientific Education Act of 1985 - Title I: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Title II: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporations R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 21 February 1985
Expresses the sense of the House of Representatives that: (1) the President should express to the Soviet Union U.S. opposition with respect to the harassment and arrests of Hebrew teachers and Jewish activists in the Soviet Union; and (2) the Soviet Union should comply with its commitments under specified international human rights agreements and cease its persecution of individuals on the basis of their Jewish faith.
United States · United States Congress · 21 February 1985
Declares that the House of Representatives: (1) finds that the Job Corps program has been a cost-effective and successful effort to assist disadvantaged young men and women in obtaining and holding employment; (2) reaffirms its commitment to the Job Corps program; and (3) will not make or accept any reduction in the level of funding for the Job Corps program.
United States · United States Congress · 20 February 1985
Expresses the sense of the Congress that: (1) the seasonally adjusted total unemployment rate (TUR) should be used to determine the availability of extended benefits and Federal supplemental compensation of the unemployed; (2) if the seasonally adjusted TUR is not currently available for a State, an alternative method of calculating such TUR should be developed and implemented with respect to determining the availability of such benefits; and (3) the Department of Labor, Bureau of Labor Statistics, and other agencies involved with the gathering of unemployment data should take all steps necessary to improve U.S. capability to measure accurately the level of total unemployment and should recommend ways to improve current unemployment compensation benefit formulas so that such benefits are made available in areas of greatest need.
United States · United States Congress · 19 February 1985
Liberty Double-Eagle Bullion Coin Act - Requires the Secretary of the Treasury to mint and issue gold double-eagle coins. Sets forth specifications for and the design of such coins. Makes such coins legal tender. Permits the sale of such coins at a price equal to the cost of minting and issuing such coins plus a surcharge equal to the amount by which the fair market value of gold bullion held by the United States and used in the minting of the coins exceeds the statutory maximum value of any gold certificates outstanding against the bullion. Requires the revenue from such surcharges to be used to reduce the national debt. Authorizes appropriations.
United States · United States Congress · 19 February 1985
Authorizes the Administrator of Veterans Affairs to provide mortage protection life insurance to certain veterans unable to obtain commercial life insurance at a standard rate because of service-connected disabilities. Establishes guidelines for such insurance regarding: (1) amount of insurance; (2) premium rates; (3) payment of insurance; and (4) policy provisions.
![Official portrait of Rep. Boehlert, Sherwood [R-NY-24]](https://www.congress.gov/img/member/b000586_200.jpg)