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 Tariff Act of 1930 to include in the definition of "subsidy" (for countervailing duty purposes) any resource input subsidy as provided for under the provisions of this Act. States that a "resource input subsidy" is found to exist if: (1) (a) a product is provided or sold by a government-regulated or controlled entity within a country for input use within such country at a domestic price that is lower than the fair market value of the input product and is not freely available to U.S. producers; and (b) a product would, if sold at the fair market value, constitute a significant portion of the total cost of the manufacture or production of the merchandise in or for which the input product is used; or (2) under specified circumstances, the right to remove or extract such product is provided or sold by a government or a government-regulated or controlled entity within a country. Sets forth the method of calculation for the amount of a resource input subsidy. Defines "fair market value" and "input use" for purposes of this Act. Requires injury determinations by the U.S. International Trade Commission to be made in all countervailing duty investigations relating to the existence of resource input subsidies.
United States · United States Congress · 9 May 1985
Expresses the sense of the House of Representatives that the United States should ratify the Convention on the Prevention and Punishment of the Crime of Genocide. Declares that the House will act expeditiously to implement this legislation.
United States · United States Congress · 9 May 1985
Expresses the sense of the Congress that the executive branch should release appropriations for the Special Supplemental Food Program for Women, Infants, and Children (WIC).
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
Council on Industrial Competitiveness Act - Establishes in the executive branch an independent agency to be known as the Council on Industrial Competitiveness. Requires the Council to: (1) gather and analyze information regarding the competitiveness of U.S. industries; (2) create an institutional forum where national leaders will identify economic problems inhibiting the competitiveness of industries, develop long-term strategies to address those problems, and create broad consensus in support of those strategies; and (3) make recommendations on issues crucial to the development of coordinated industrial strategies. Directs the Council to examine and make available to the public all international agreements on foreign trade that have been agreed to by the United States. Directs the Council to monitor, and maintain public records regarding, the effect of imports on domestic industries. Requires the Council, not later than one year after the date of enactment of this title, to transmit a report to the Congress and the President containing recommendations for changes in any Federal policy necessary to implement effective industrial strategies. Requires the Council to make annual reports concerning the major industrial development priorities of the United States. Authorizes appropriations.
United States · United States Congress · 7 May 1985
Allowable Cost Reform Act - Requires that a contract with the Department of Defense for an amount more than $25,000 that is flexibly priced or for which certain cost or pricing data is required must: (1) disallow certain costs; and (2) impose a penalty on a contractor who submits a claim for reimbursement of such a cost. Provides that the following costs are disallowed under such a contract: (1) costs of amusement and social activities; (2) costs incurred to influence action on legislation or appropriation matters pending before the Congress; (3) costs of the defense of any fraud proceeding; (4) fines and penalties imposed for noncompliance with Federal, State, or local laws and regulatons; (5) costs of memberships in any social or dining club or organization; (6) alcoholic beverages; (7) contributions or donations; (8) advertising; and (9) models, gifts, souvenirs, or other memorabilia. Requires the Secretary of Defense to issue regulations concerning the allowability of contractor costs. Requires the Secretary to submit to the House and Senate Armed Services Committees a report identifying: (1) the nature of the proposed changes to be made to current cost principles; and (2) the potential effect of such changes on future requests for reimbursement of contractor costs. Requires the Secretary to allow resolution of challenged expenses by negotiation and settlement. Requires the Secretaries of the military departments and the Directors of the Defense Agencies to prescribe regulations to limit to five years the duty assignment for certain contracting officials to any particular contractor.
United States · United States Congress · 2 May 1985
Amends the Tariff Schedules of the United States to treat plywoods with tongued, grooved, lapped, or otherwise worked edges as plywood for duty treatment purposes.
United States · United States Congress · 2 May 1985
Amends the Internal Revenue Code to allow construction workers to take an income tax deduction for travel expenses incurred while away from home in pursuit of a trade or business if: (1) the job site is at least 30 miles from the residence of the construction worker; and (2) the job site is a temporary job site or a remote job site.
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 · 29 April 1985
Expresses the sense of the House of Representatives that the President should make the overvalued dollar, the U.S. trade deficit, and cooperative measures to redress such imbalances a priority at the Bonn Summit, West Germany, on May 2, 1985. Sets forth specified assurances and commitments the President should seek from participating governments to correct such imbalances. Requests the President to report to the Congress on the results of his efforts.
United States · United States Congress · 18 April 1985
Prohibits any agency of the government from obligating or appropriating funds for the production of lethal chemical weapons. Expresses the sense of the Congress that: (1) the President should intensify efforts to achieve agreement with the Soviet Union and other countries to stop the production, proliferation, and stockpiling of lethal chemical weapons; (2) the Department of Defense should protect the armed forces against the use of lethal chemical weapons in attacks; (3) an agreement with the North Atlantic Treaty Organization must be concluded on the prepositioning of any new chemical weapons; and (4) funding of new lethal chemical weapons is unwarranted in light of the Federal budget deficit.
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 · 4 April 1985
Overseas Private Investment Corporation Amendments Act of 1985 - Amends the Foreign Assistance Act of 1961 to increase the per capita income minimums that qualify less developed countries for preferential consideration for Overseas Private Investment Corporation (OPIC) projects. Increases the number of OPIC employees whose appointments that are not subject to civil service laws and regulations. Authorizes OPIC to insure against loss due to business interruption. (Current law authorizes insurance against civil strife.) Requires OPIC to report to the Congress, before issuing such insurance, an explanation of the underwriting basis upon which the business interruption insurance is to be offered. Increases from ten to 25 percent of contingent liability of investment guarantees which OPIC is authorized to issue to a single investor. Extends OPIC's authority to issue investment insurance through September 30, 1989. Authorizes OPIC to determine the basis for computing loss due to business interruption. Authorizes OPIC to hire an accounting firm to audit its accounts. Authorizes the General Accounting Office to conduct such audits at least every three years and report such audit to the Congress. Exempts OPIC from taxation. Deletes the provision requiring OPIC to return appropriated funds to the Treasury before January 1, 1975. Increases the number of development assistance personnel whose appointments are exempted from civil service laws. Amends the Federal criminal code to prohibit the use of the words "Overseas Private Investment," "Overseas Private Investment Corporation," or "OPIC" as part of a private business.
United States · United States Congress · 1 April 1985
Comprehensive Nutrition Assistance Act of 1985 - Title I: National School Lunch Act and the Child Nutrition Act of 1966 - School Lunch and Child Nutrition Amendments of 1985 - Amends the Child Nutrition Act of 1966 and the National School Lunch Act to authorize appropriations through FY 1986 for: (1) the special supplemental food program for women, infants, and children (WIC); (2) State administrative expenses; (3) the nutrition education training (NET) program; (4) the children's summer food service program; and (5) the commodity distribution program. Authorizes appropriations through FY 1988 for State administrative expenses relating to the school nutrition programs. Increases NET authorizations. Reduces the student cost of a reduced price lunch from 40 cents to 25 cents and of a reduced price breakfast from 30 cents to 15 cents. Increases reduced meal income eligibility limits from 185 percent to 195 percent of the poverty level. Provides an additional six cents per breakfast to increase the nutritional quality of such program. Requires the Secretary of Agriculture to promulgate related nutritional improvement regulations. Extends the lunch program "offer versus serve" provision to the breakfast program. Permits a child to refuse one breakfast item if such refusal option is permitted by the local school food authority. Raises the program tuition limit under such Act for private schools from $1,500 to $2,500. Requires annual inflation adjustments. Increases the number of reimbursable meals and snacks under the child care food program. Excludes certain medical expenses from household income for program eligibility purposes. Eliminates the requirement that free meal eligibility be the same as that required for food stamp eligibility. Prohibits the Secretary from requiring school lunch program income verification unless the direct cost of such verification is appropriated. Makes kindergartens in specified schools eligible for the special milk program. Establishes a tiered-payment system for the child care food program. Obligates specified food service equipment appropriations for low-income area schools. States that school food facilities and personnel may be used for nonprofit nutrition programs for the elderly. Prohibits the Secretary, through FY 1986, from reducing child nutrition benefit eligibility unless legislatively directed. Qualifies children participating in the food stamp or aid to families with dependent children (AFDC) programs for free breakfasts and lunches. Makes specified nonprofit private sponsors eligible for the summer feeding program. Increases FY 1984 WIC authorizations. Extends administrative fund allocation provisions through FY 1988. Directs the Secretary to apportion funds so as to insure that at least 70 percent of each fiscal year's amounts have been obligated or used by the beginning of such year's fourth quarter. Provides that such requirement shall not apply to supplemental appropriations enacted after January 1 of a fiscal year or to any reallocated funds. Prohibits States from using more than two and one-half percent of a current fiscal year's WIC appropriations for a preceding year's expenditures. Permits administrative funds to be used for technical assistance to improve State administrative systems. Includes AFDC among the programs to be coordinated with the child nutrition programs. Provides for a reduction in program paperwork. Requires the Secretary to fill any vacancy in the National Advisory Council within 90 days. Requires that the Council meet at least once annually. Requires the Secretary to: (1) conduct a study of the feasibility of a universal school lunch program; and (2) report to the Congress by January 1, 1988. Extends, subject to fund availability, the alternative (cash) assistance school lunch pilot study through the school year ending June 30, 1986. Requires the Secretary, subject to fund availability and upon request, to provide financial assistance to participating school districts that sustained losses due to the methodology change for the school year ending June 30, 1983. Authorizes appropriations for such purposes. Requires the Secretary to: (1) conduct a study of the State administrative expense allocation formula and procedures, including the merits of a State matching requirement; and (2) report to the Congress by January 31, 1986. Requires the Secretary to: (1) conduct a study of the effect on families of the child nutrition programs authorized under the Child Nutrition Act of 1966; and (2) report to the Congress by January 1, 1987. Prohibits a contract between a school food authority and a food service company to provide a la carte food service unless such company provides free and reduced price meals to eligible children. Sets aside specified WIC funds for eligible migrants. Title II: Other Food and Nutrition Programs -Amends the Temporary Emergency Food Assistance Act of 1983 (which makes excess commodities available to eligible agencies for distribution) to extend the authorization of appropriations for another year, through FY 1986. Sets aside specified funds from such program for previously unserved areas, particularly areas of rural poverty. Amends the Community Services Block Grant Act, through which the Secretary is authorized to make grants to assist and coordinate food assistance resources at the State, local, and community level, to increase the level of authorizations for FY 1985 and 1986. Sets aside specified funds from such program for organizations serving seasonal or migrant farmworkers and Indian tribes and organizations. Amends the Head Start Act to increase the authorization of appropriations for FY 1986. Limits the use of certain funds to increasing participation in the Head Start program. Amends the Food Stamp Act of 1977 to increase specified amounts which may be deducted from a household's income when determining food stamp eligibility. Authorizes a State agency to calculate household income on either a prospective or retrospective basis. Increases the amount of assets a household may retain and still remain eligible for food stamps. Increases the value of household allotment allowed. Amends the Agriculture and Consumer Protection Act of 1973 to extend for another year, through FY 1986, the commodity supplemental food program. Authorizes local agencies to provide supplemental commodities to low-income elderly persons so long as such supplement does not reduce commodity assistance to women, infants, and children. Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize appropriations for the Cooperative Extension Service for FY 1986, increasing the amount authorized for FY 1985. Sets aside specified funds from such program to carry out the expanded food and nutrition program known as the Smith-Lever Act. Sets aside specified funds for geographical areas in which the infant mortality rate or hunger-related disease is high.
United States · United States Congress · 28 March 1985
Export Administration Amendments Act of 1985 - Title I: Amendments to Export Administration Act of 1979 - Amends the Export Administration Act of 1979 (the Export Administration Act) to amend the congressional findings and declaration of policy with respect to export controls. Declares that it is U.S. policy to: (1) encourage friendly countries to cooperate in restricting the sale of goods and technology that can harm U.S. security; (2) sustain vigorous scientific enterprise by protecting the ability of scholars freely to communicate their research findings; (3) control the export of goods and substances banned or severely restricted in the United States; (4) cooperate with allies and other countries to minimize dependence on imports of critical resources from potential adversaries and in developing alternative supplies of such resources; and (5) continue to object to exceptions to the International Control List for the Soviet Union. Authorizes the Secretary of Commerce (the Secretary) to require validated licenses (rather than qualified general licenses) authorizing multiple exports, including distribution licenses, comprehensive operations licenses, project licenses, and service supply licenses. Provides that distribution licenses shall authorize exports to distributors in countries other than controlled countries. Sets forth factors to be considered in determining whether to grant a distribution license. Prohibits using a distribution license or a comprehensive operations license in connection with exports to controlled countries. Directs the Secretary to establish a control list stating license requirements for exports of goods and technologies to all destinations to which such exports are controlled under the Export Administration Act. (Current law requires the Secretary to establish a commodity control list consisting of any goods or technology subject to export controls.) Prohibits the imposition of national security or foreign policy export controls on goods or technology if they are available in sufficient quality and quantity from sources outside the United States so that the imposition of export controls would be ineffective. Directs the President to give strong emphasis to bilateral or multilateral negotiations to eliminate foreign availability. Directs the Secretary and the Secretary of Defense to cooperate in gathering and assessing information relating to foreign availability. Directs the Secretary to keep the public fully informed about changes in export control policy and procedures. Authorizes the President to prohibit or curtail: (1) reexports of goods and technologies subject to national security export controls; and (2) the transfer of such goods or technologies to embassies and affiliates of proscribed countries. Deletes the provision which requires the Secretary to explain the denial of an export license application. Deletes the provision which declares that regulations issued to carry out national security export controls shall not be based on the assumption that there are effective safeguards against diversion of critical technologies to military use by countries that pose a threat to U.S. security. Directs the President to establish as a list of controlled countries those countries designated as communist countries in the Foreign Assistance Act of 1961. Authorizes the President to add or remove a country from such list if the President determines that exports to such country would or would not harm U.S. national security. Sets forth factors the President shall consider in making such determination. Excludes from export license requirements certain exports to countries which are members of the agreement of the Coordinating Committee for Multilateral Export Controls (the Coordinating Committee). Directs the Secretary to review at least once a year the list of goods subject to national security export controls. Directs the Secretary to publish notice of the review and provide interested parties with an opportunity to comment. Declares that it is the intent of the Congress to encourage the use of multiple validated export licenses in lieu of individual validated licenses. Prohibits the Secretary from requiring an individual validated export license for replacement parts which are exported to replace on a one-for-one basis parts that were in a good that has been lawfully exported. Requires the Secretary to review periodically the procedures relating to multiple validated export licenses. Authorizes the Secretary to make goods which are subject to national security export controls eligible for a distribution license and other licenses authorizing multiple exports of goods. Makes technology and related goods which are subject to national security export controls eligible for a comprehensive operations license. Directs the Secretary to establish as one of the criteria for the removal of goods or technology from the list of goods subject to national security export controls the anticipated needs of the military of countries to which exports are controlled for national security purposes. Deletes as an objective of multilateral export controls negotiations reduction of such controls to a level acceptable to and enforceable by all governments participating in the Coordinating Committee. Adds several new objectives to such negotiations. Requires any nongovernmental U.S. entity which enters into commercial agreements with the government of a controlled country that is intended to result in the export of unpublished technical data of U.S. origin to report such agreement to the Secretary. Excludes educational institutions from such requirement. Directs the Secretary to conduct negotiations with other countries, including countries not participating in the Coordinating Committee, to restrict exports of goods or technology that would contribute to the military potential of countries that would be detrimental to U.S. security. Directs the Secretary, if there is reliable evidence that exports which were subject to national security controls have been diverted to an unauthorized use or consignee: (1) to deny all further exports to or by parties who divert or conspire to divert any goods or technology subject to national security controls to an unauthorized use or consignee; and (2) to take any other necessary steps to deter further unauthorized use of previously exported goods or technology. Prohibits imposing a national security export control on a good solely because it contains an embedded microprocessor if the microprocessor cannot be used or altered to perform functions other than those it performs in the good in which it is embedded. Permits imposing an export control on such a good only if the functions of the good are such that the good, if exported, would make a significant contribution to the military potential of a country that would be detrimental to U.S. national security. Directs the Secretary and the Commissioner of Customs, in consultation with the Director of the Federal Bureau of Investigation, to help manufacturers or persons engaged in handling goods or technology subject to national security controls to develop security systems to prevent violations or evasions of such controls. Requires Federal agencies to keep records of their actions with respect to export license applications or revisions of the list of controlled commodities. Establishes a National Security Control Office within the office of the Under Secretary of Defense for Policy in order to assist the Secretary of Defense in carrying out responsibilities related to the national security export controls. Excludes agricultural commodities from the national security export controls. Requires the Secretary of Defense, in developing the list of militarily critical technologies, to give emphasis to keystone equipment which would reveal or give insight into the design and manufacture of a U.S. military system. Requires such list to include technologies that are not available from sources outside the United States. Directs the Secretary and the Secretary of Defense to integrate the list of militarily critical technologies into the control list. Requires the President to resolve any dispute between the Secretaries over whether a good or technology on the list of militarily critical technologies should be integrated into the control list. Requires that the integrated list include only: (1) goods or technologies which are not possessed by nor available to controlled countries; and (2) goods or technologies for which functionally equivalent goods or technologies are not possessed by nor available to such countries. Directs the Secretary of Defense to establish a procedure for annually reviewing the goods or technology on the list. Authorizes the Secretary of Defense to add items to the list. Directs the President to resolve disagreements between the Secretaries over whether items should be added to or removed from the list. Requires the establishment of adequate export controls for militarily critical technology and keystone equipment to be accompanied by suitable reductions in the controls on the products of that technology and equipment. Directs the Secretary of Defense to report to the Congress within one year of enactment of this Act on the impact that transferring items on the list of militarily critical technologies to controlled countries has had or will have on the military capabilities of those countries. Directs the Secretary to make a foreign availability determination on the Secretary's own initiative after receiving an allegation of such availability from an export license applicant or upon request of the appropriate technical advisory committee established under the Export Administration Act. Directs the Secretary to accept the applicant's representations made in writing and supported by evidence unless they are contradicted by reliable evidence, expert opinion, or intelligence information. Lists factors to be considered in making such determination. Requires that the President "actively pursue" rather than "take steps to initiate" negotiations with governments of countries which export goods that are subject to national security export controls. Establishes in the Department of Commerce an Office of Foreign Availability which shall be responsible for gathering and analyzing information relating to determinations of foreign availability under the Export Administration Act. Requires such information to be made available to the Congress every six months. Requires the Office to be under the direction of the Assistant Secretary of Commerce for Trade Administration in FY 1985 and under the direction of the Under Secretary of Commerce for Export Administration thereafter. Requires that representatives of the intelligence community participate in the technical advisory committees established under the Export Administration Act. Requires such committees to be consulted on questions relating to actions designed to avoid contributing to the military potential of countries that would be detrimental to U.S. security. Requires the Secretary to report to the Congress within 90 days on a finding by a technical advisory committee that goods or technology subject to national security export controls are available in foreign countries. Prohibits the Secretary from requiring a validated export license for such goods or technology if, after six months, the foreign availability has not been eliminated. Authorizes the President to extend the validated export license requirement for one year if the President certifies to the Congress that the negotiations to eliminate the foreign availability of such goods or technology are progressing and that the absence of the export control involved would prove detrimental to U.S. national security. Changes the standard for finding foreign availability of goods subject to national security export controls from "sufficient quality" to "comparable quality" goods. Provides that the Secretary of Commerce shall exercise the foreign policy export controls in consultation with, among others, the Secretaries of Defense, Agriculture, and the Treasury and the U.S. Trade Representative. Declares that foreign policy export controls shall apply to transactions undertaken with intent to evade a foreign policy export control even if such foreign policy export control would not otherwise apply to that transaction or activity. Lists criteria which must be met before the President may impose foreign policy export controls. Directs the President to consider such criteria and the foreign policy consequences of changing the export controls in determining whether to extend the foreign policy export controls in effect on the date of enactment of this Act. Directs the Secretary, before imposing any foreign policy export controls, to consult with affected U.S. industries and with advisory committees established by the Trade Act of 1974. Directs the President, when imposing foreign policy export controls, to consult with other countries including countries with which the United States maintains export controls cooperatively. Authorizes the President to impose, expand, or extend foreign policy export controls only after consultation with the appropriate congressional committee. Requires the President to submit a report to the Congress before imposing, expanding, or extending such controls. Lists information to be included in such report. Requires the Secretary to present oral testimony annually to the appropriate congressional committees on policies and actions taken to carry out the foreign policy export controls. Declares that the foreign policy export controls provisions do not authorize export controls on donations of goods that are intended to meet basic human needs. Declares that such exclusion does not apply to export controls on medicine, medical supplies, or food, except for donations, which are in effect on the date of enactment of this Act. Requires the President, before extending a foreign policy export control, to evaluate the results of international negotiations to curtail the foreign availability of the goods which shall be subject to the export control. Requires the President to report that evaluation to the Congress. Requires the Secretary, if the negotiating efforts are not successful within a specified time, to take into account the foreign availability of the goods or technology subject to a foreign policy export control. Sets forth procedures to deal with such foreign availability. Prohibits rescinding a finding that a country supports international terrorism unless the President, at least 30 days before the proposed rescission would take effect, certifies to the Congress that: (1) the country concerned has not provided support for international terrorism during the preceding six month period; and (2) the country concerned has made explicit assurances that it will not support acts of international terrorism in the future. Requires the reinstatement of a finding that a country supports international terrorism if such a finding was made before January 1, 1982, and was no longer in effect on the date of enactment of this Act, unless the President makes a specified certification to the Congress. Requires that any determination of the Secretary with respect to exporting or granting export licenses for crime control instruments shall be made with the concurrence of the Secretary of State. Requires the Secretary to identify on the control list (currently the commodity control list) which goods or technology and which countries or destinations are subject to which types of foreign policy export controls. Prohibits the President, unless and until the President makes a specified certification to the Congress, from prohibiting or curtailing through foreign policy export controls, the export or reexport of goods, technology, or other information: (1) in performance of a contract or agreement entered into before the President reports to the Congress the intention to impose export or reexport controls on such goods, technology, or information; or (2) under authorization issued under the Export Administration Act. Extends certain export controls with respect to South Africa for one year. Authorizes the President to impose foreign policy export controls with respect to an expanded number of goods or technology if: (1) the President reports to the Congress on the proposed controls; and (2) a law is enacted authorizing such controls. Provides for expedited consideration of a joint resolution authorizing such controls. Authorizes entities which represent an industry or a substantial segment of an industry which processes metallic materials capable of being recycled to petition the Secretary to monitor exports of such material or impose export controls on such material. Requires such petition to include information demonstrating that specified criteria are satisfied. Requires notice of the petition to be published in the Federal Register. Sets forth information which shall be included in such notice. Sets forth the criteria the Secretary shall use in determining whether to impose monitoring or controls on such materials. Provides for publishing regulations with respect to such monitoring or controls. Authorizes the Secretary to refuse to consider a petition with respect to such materials if a similar petition has been considered in the previous six months. Authorizes the Secretary, under specified conditions, to impose temporary controls after a petition has been filed. Permits exports of certain domestically produced crude oil only if the President so recommends to the Congress after making and publishing specified findings. Terminates the short supply export controls on domestically produced crude oil on September 30, 1990. Requires the President to notify the Congress whenever the President determines that short supply export controls should be imposed on refined petroleum products. Requires the President to report to the Congress the imposition of any short supply export control on an agricultural commodity. Limits the duration of such a control to one year. Provides that such control shall cease to be effective if the Congress, within 60 days of receipt of the report of such export control, fails to adopt a joint resolution approving such control. Provides for expediting consideration of such a joint resolution. Excludes from such requirement export controls: (1) which are extended under the Export Administration Act if they were approved by the Congress when they were imposed; or (2) which are imposed with respect to a country as part of the prohibition or curtailment of all exports to that country. Prohibits any short supply export control from affecting any contract to harvest unprocessed western red cedar from State lands which was entered into before October 1, 1979, and the performance of which would make red cedar available for export. Prohibits any short supply export controls on any agricultural commodity or on any forest or fishery product from affecting any contract to export entered into before the date on which the controls are imposed. Decreases the number of days permitted for review of an export license at all stages of the review process. Makes special provisions for reviewing applications for licenses to export goods or technology to member countries of the Coordinating Committee. Requires the Secretary to inform an export license applicant in writing if the Secretary receives questions or negative recommendations from other departments or agencies with respect to the application. Entitles such an applicant to respond in writing to such questions or recommendations and to respond in person to the department or agency raising such questions or recommendations. Requires the Secretary to inform an export license applicant whose application is denied, among other things: (1) what modifications in or restrictions on the goods or technology for which the license was sought would allow such export to be compatible with export controls; and (2) which Commerce Department personnel will be made reasonably available to the applicant for considerations with regard to such modifications or restrictions. Requires the Secretary to allow an export license applicant 30 days to respond to a decision denying the license application. Prohibits the Secretary from returning a license application without action if the license requirements are changed after the application has been submitted. Authorizes the Secretary to request additional information in such a case. Requires the Secretary to provide a proper classification of a good or technology on the control list within ten days of receiving a request for such classification. Requires the Secretary to respond within 30 days to an inquiry about the applicability of export license requirements to a proposed export transaction or series of transactions. Requires the Secretary to submit to the Congress, within 120 days of enactment of this Act, a plan to assist small businesses in the export license application process. Requires the Secretary to report every three months to specified congressional committees on the number of export license applications which during the preceding three months took more than the prescribed time to process. Requires the Secretary to report additional information with respect to such applications. Sets forth procedures for reviewing applications for an individual validated license for exports to member countries of the Coordinating Committee. Imposes penalties: (1) for conspiring or attempting to violate any provision of the Export Administration Act with knowledge that the exports involved will be used for the benefit of, or that the destination or intended destination of the goods or technology involved is, any country to which exports are restricted for national security or foreign policy purposes; (2) on persons possessing goods or technology with intent to export such goods or technology in violation of a national security or foreign policy export control or knowing or having reason to believe that the goods or technology would be so exported; and (3) on persons who take actions with intent to evade the provisions of the Export Administration Act. Requires consultation with specified congressional committees if an exception to an order issued under the Export Administration Act which revokes the authority of a U.S. person to export goods or technology is to be made. Requires persons convicted of a national security export control violation to forfeit: (1) any property interest in the goods or tangible items that were the subject of the violation; (2) any property interest in tangible property used in the export or attempt to export that was the subject of the violation; and (3) any property constituting or derived from proceeds obtained as a result of such violation. Prohibits, at the Secretary's discretion, persons with specified prior convictions from being eligible to apply for or use an export license for up to ten years after the conviction. Authorizes the Commissioner of Customs to make investigations outside the United States in order to enforce the Export Administration Act, the Export Control Act of 1949, or the Export Administration Act of 1969. Provides that any U.S. district court shall have jurisdiction to enforce such Acts. Authorizes the Secretary to conduct certain investigations outside the United States. Authorizes the U.S. Customs Service, in the enforcement of the Export Administration Act, to search and seize goods or technology at U.S. ports of entry or exit and at certain places outside the United States. Sets forth actions which U.S. Customs Service officers may take to enforce the Export Administration Act. Grants the Secretary the responsibility for enforcement of the foreign boycott provisions of the Export Administration Act. Sets forth actions that may be taken in enforcing such provisions. Limits the amount that the U.S. Customs Service may spend in enforcing the Export Administration Act in FY 1985 and 1986. Requires the Secretary to publish in the Federal Register the procedures for enforcement of the Export Administration Act. Requires the Secretary and the Commissioner of Customs, upon request, to share certain licensing and enforcement information. Sets forth procedures for hearings before an administrative law judge on civil penalties and sanctions for certain violations of the Export Administration Act. Requires such proceedings to be concluded within one year after submission of the complaint. Authorizes the Secretary or the Secretary of the Treasury to issue a temporary denial order, without a hearing, with respect to an export license. Limits the duration of the order to 60 days unless renewed, after notice and opportunity for a hearing, for additional 60 day periods in order to prevent an imminent violation. Lists information to be included in the order. Provides for appeal of the order to an administrative law judge whose determination shall be reviewed by the Secretary. Authorizes appeals of denials of export licenses. Sets forth appeal procedures. Designates as qualified for appointment as an administrative law judge any person who, for at least two of the ten years preceding the effective date of this Act, has served as a hearing commissioner of the Commerce Department. Directs the Secretary to report annually every license that was approved for exports to controlled countries. Provides that the Secretary's annual report on the administration of the Export Administration Act need not include an analysis of the time required to process license applications and the number and disposition of export license applications taking more than 90 days to process. Directs the Secretary to include in each annual report a detailed description of the extent of injury to U.S. industry and the extent of job displacement caused by U.S. exports to controlled countries. Directs the President to appoint an Under Secretary of Commerce for Export Administration to carry out the functions of the Secretary under the Export Administration Act. Directs the Secretary to designate three Assistant Secretaries of Commerce to assist the Under Secretary. Authorizes the issuance of regulations to carry out the national security export control provisions only following their submission (for review and comment) to the Secretary of Defense, the Secretary of State, and other appropriate officials. Requires the Secretary to report to the Congress and to consult with certain technical advisory committees if the Secretary proposes to change regulations issued pursuant to the Export Administration Act. Changes the definitions of specified terms used in such Act, including "technology" and "export." Authorizes appropriations to carry out the purposes of the Export Administration Act for FY 1985 and 1986. Extends the authority granted by such Act until September 30, 1989. Amends the Trade Expansion Act of 1962 to authorize the President to impose import controls on persons who violate any national security export control imposed under the Export Administration Act. Authorizes the President to impose import controls on persons who violate a regulation issued under a multilateral agreement to control exports for national security purposes, but only if: (1) negotiations with the parties with jurisdiction over the violation have successfully restored compliance with the regulation involved; (2) the President, after the failure of such negotiations, has notified such parties that the United States intends to impose import controls on persons who violate such regulation; and (3) a majority of parties to the multilateral agreement concur in the proposed import controls or abstain from stating a position on such import controls. Requires the Secretary to modify the office hours of the Office of Export Administration on at least four days of each workweek to accommodate exporters throughout the United States. Amends the Foreign Assistance Act of 1961 to require the President to make a specified certification to the Senate Banking, Housing, and Urban Affairs Committee before issuing a license for the export of crime control equipment to a country which engages in a consistent pattern of human rights violations. Prohibits the export of horses by sea from the United States unless the Secretary, in consultation with the Secretary of Agriculture, grants a waiver for such export based on a finding that no horse is being exported for slaughter. Imposes penalties for violations of this prohibition. Directs the President to: (1) undertake a comprehensive review of the issues concerning possible changes in the existing incentives to produce crude oil from the North Slope of Alaska and possible changes in the existing distribution of such crude oil, as well as the appropriations of continuing existing controls; and (2) develop options and recommendations regarding the production and distribution of such crude oil. Requires the President to report the results of such review to the Congress within nine months of enactment of this Act. Title II: Export Promotion Programs - Authorizes appropriations for FY 1985 and 1986 to carry out Commerce Department export promotion programs. Directs the Secretary of Agriculture to report to the Congress, within 90 days of enactment of this Act, on the status of Federal programs relating to the barter or exchange of commodities owned by the Commodity Credit Corporation for materials and products produced in foreign countries. Authorizes the President: (1) to barter farm commodities for such materials in situations in which sales would otherwise not occur; and (2) to purchase such materials which are produced abroad and acquired by persons in the United States through barter for farm commodities produced in and exported from the United States through normal commercial trade channels. Directs the President to take steps to safeguard existing export markets for farm commodities operating on conventional business terms. Title III: Nuclear Exports - Amends the Atomic Energy Act of 1954 to require the Nuclear Proliferation Assessment Statement which the Director of the Arms Control and Disarmament Agency provides the President on proposed agreements of cooperation to include an assessment of the consistency of the text of the agreement with the requirements of the Atomic Energy Act of 1954. Requires the President to submit such statement to the Senate Foreign Relations and the House Foreign Affairs Committees and to consult with such committees on the consistency of the text of the agreement with the requirements of such Act. Requires such committees to each hold hearings on the proposed agreements and submit reports recommending whether the agreement should be approved or disapproved. Declares that such agreement shall not become effective if the Congress adopts a joint (currently concurrent) resolution stating that the Congress does not favor such agreement. Provides that an agreement exempted by the President from specified conditions shall not become effective unless the Congress adopts and there is enacted a joint resolution authorizing such agreement. Provides for expediting the consideration of such a joint resolution.
United States · United States Congress · 28 March 1985
Amends the Food Stamp Act of 1977 to establish separate deductions for dependent care expenses and excess shelter expenses for determining eligibility for certain food stamp benefit levels. Increases the maximum amount of such deductions.
United States · United States Congress · 28 March 1985
Medicare Solvency and Health Care Financing Reform Act of 1985 - Adds a new title XXI to the Public Health Service Act entitled "Programs for Reforming the Health Care Financing System." Sets forth part A of such title entitled "State Health Care Programs." Provides that if a State transmits to the Secretary of Health and Human Services, within one year of the enactment of this Act, a statement that the State intends to submit a health care plan (described below), for purposes of making payments to the State under title XIX (Medicaid) of the Social Security Act the Federal medical assistance percentage shall be 102 percent of such percentage as otherwise determined under Medicaid for such State for up to one year. Directs the Secretary to exempt hospitals in a State from the prospective payment limits established under this Act for certain time periods occurring during the first year of the transition period (defined in part C of title XXI as the 24-month period beginning January 1986) if: (1) the State requests such treatment; (2) the State indicates an intention to have implemented a State plan under title XXI which will provide for a recoupment of any revenues received in excess of the amounts permitted under part A; and (3) the State has agreed, with respect to such hospitals, that if a State plan under this Act is not implemented by the end of the first year of the transition period, then the Secretary shall provide for such adjustment in the prospective payment limits under part I of part B as will provide for recoupment in the subsequent year of any revenues received in excess of amounts permitted. Authorizes a State to apply to the Secretary for the approval of a health care plan for the State for an initial period of up to three years, subject to disapproval. Authorizes extensions of such initial period for up to two additional years. Provides that, for any one-year period, in the case of any State with an approved plan: (1) the transitional period provisions of subpart I of part B of title XXI shall not apply; (2) requirements for reimbursement (other than those relating to beneficiary cost sharing) under title XVIII (Medicare) of the Social Security Act shall be waived; and (3) for purposes of making payments to a State under Medicaid the Federal medical assistance percentage shall, for the year the plan is in effect, be 103 percent (or 104 percent in the case of an unrestricted Medicaid plan) of the amount of the Federal medical assistance percentage otherwise determined under Medicaid and 102 percent (or 103 percent in the case of an unrestricted Medicaid plan) for any subsequent year (except for any extension period) of the amount of the Federal medical assistance percentage otherwise determined. Defines "unrestricted Medicaid plan" as a State Medicaid plan which does not impose any limitation on the scope or duration of inpatient hospital services other than requiring that such services be medically necessary. Directs the Secretary to annually review each approved plan. Requires the continued approval, for a certain time, of a plan not in compliance, if the State certifies that it will comply within a stated time period. Permits a further extension of approval if there is a trend towards compliance. Provides for the establishment of a Federal program with respect to hospitals for a State which cannot comply. Requires a State plan, in order to be approved, to meet the general requirements set forth below and, if applicable, certain requirements relating to ratesetting plans. Permits a plan, in meeting the general requirements, to be designed in a manner that meets such requirements through a ratesetting system, a voluntary system, or through the use of competitive mechanisms. Requires a plan to be designed in a manner so as to provide, to the satisfaction of the Secretary, that: (1) the amount of the total revenues per discharge for all hospitals in the State for each year beginning before 1987 in which the plan is in effect may not exceed the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor; and (2) the amount of the total revenues per discharge for all services furnished to hospital inpatients for all hospitals in the State for each year beginning after 1986 in which the plan is in effect may not exceed the sum of the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor, plus the base physician-related hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the plan is in effect and provided for a limitation under this clause (2), and the population-discharge factor. Authorizes a State, at its option, to apply the test specified in clause (2) instead of the test specified in clause (1) with respect to years prior to 1986. Permits a plan, instead of meeting the above requirements, to meet such other alternative test of constraint of health care costs as the Secretary determines will not result in a greater expenditure of funds under title XVIII (Medicare) of the Social Security Act and by private payers than would have been made if the plan met the above requirements. Requires a plan to be designed so as to provide that the amount of revenues for inpatient hospital services and physicians' services to hospital inpatients and individuals entitled to benefits under parts A (Hospital Insurance) and B (Supplementary Medical Insurance) of title XVIII of the Social Security Act may not exceed the amount which would otherwise be payable (including copayments and deductibles) for such services under title XVIII. Permits a plan (other than a plan providing for the establishment of rates of hospital reimbursement for hospital inpatient services) to provide that payment under title XVIII for inpatient hospital services and for other services furnished to hospital inpatients shall continue to be made in the amounts and in the manner otherwise provided under Medicare. Requires that the unreimbursed costs incurred by hospitals in providing services to low-income, uninsured or underinsured patients (other than Medicare or Medicaid patients) be paid pursuant to a plan in an amount which must, in the aggregate, be the same proportion of total revenues as such unreimbursed costs are of total costs of patients who are neither Medicare nor Medicaid patients. Provides that such unreimbursed costs shall be paid through distribution of funds pooled at the statewide level, through a higher payment rate, or through another method approved by the Secretary. Requires a plan to have a mechanism for providing fair hearings for hospitals and any other entities aggrieved by determinations made under the plan. Requires a State to provide for the appointment of a panel, consisting of members with expertise in health care economics and service delivery, to advise in the development and implementation of its plan, periodically review and propose modifications to the plan, and establish the methodology for establishing the percentage limit used to compute hospital revenues. Requires such methodology to include the use of appropriate external price indicators, the use of data from major collective-bargaining agreements for nonsupervisory hospital employees, and other appropriate indicators of wage costs. Requires the methodology to be approved by the Secretary. Requires a plan, to the extent that it provides for meeting plan requirements through a system which provides for the establishment of rates for hospital reimbursement for hospital inpatient services by an entity other than the hospital, to meet the following additional requirements: (1) except as provided in clause (2), the plan must provide equitable treatment of all entities that pay for health services covered under the plan, of hospital employees, and of patients; (2) if the plan is established under State law, the plan must take into account the proportion of costs associated with, and services covered by, the different payors, including Medicare and Medicaid, and may not permit undue shifting of proportions of costs among the different payors; (3) the plan may not make available any discount in price to any purchaser unless the discount accurately reflects economic benefits to a hospital resulting from a service arrangement with a purchaser and the discount is made available to all other purchasers who can satisfy such service; and (4) the plan must provide a procedure whereby, upon the request of a hospital, an adjustment can be considered to the rate limitation applicable under the plan to that hospital to reflect a significant change in the inpatient hospital services, increased costs for the compensation of employees, funds necessary to provide for the efficient operation of a hospital which the State has determined should remain in operation, and higher expenses associated with a regional tertiary care institution, teaching hospital, or children's hospital. Directs the Secretary, in reviewing a plan which provides for control of hospital inpatient costs through a competitive mechanism, to take into account the degree to which the plan provides for the following or other measures to improve price competition among providers: (1) the plan provides for open enrollment periods; (2) the plan provides for the dissemination of information concerning different health benefits plans; (3) the plan encourages innovation and public incentives to new forms of health care delivery and financing; (4) there are negotiated prices and risk-sharing between insurers and health care providers; and (5) the laws of the State do not impose legal barriers to competition in negotiated and other arrangements among insurers and health care providers. Sets forth part B of title XXI entitled "Residual Federal Program, subpart I, Transition Period." Provides that, subject to the provisions of subpart I, for any accounting period of a hospital subject to subpart I, the total revenues for inpatient hospital services may not exceed the total of such revenues that are permitted on the basis of prospective payment limits established under subpart I for the hospital's discharges as classified by diagnosis-related groups. Requires each hospital subject to a limitation on revenues under subpart I to provide for the publication of a price list which establishes the price per discharge which any payor may pay for inpatient hospital services. Requires a hospital to submit its price list to the Secretary. Directs the Secretary to determine (for each accounting period) a prospective payment limit for inpatient hospital services for discharges classified by diagnosis-related groups. Sets forth the method for determining and adjusting the limit for each hospital for discharges. Authorizes the Secretary, at the request of a hospital, to increase the allowable revenues for an accounting period or provide for an increase in the base number of discharges otherwise permitted under subpart I to allow for higher revenues than would otherwise be permitted if: (1) a major renovation or replacement of physical plant or significant change in the capacity of the hospital has occurred; (2) the hospital is a sole community provider or provides a disproportionate percentage of its services to low-income or Medicare patients, the hospital would otherwise be insolvent, and the State has determined that the hospital should remain open; (3) a larger revenue increase is needed because the hospital is a regional tertiary care institution, teaching hospital, or children's hospital; and (4) there has been a significant change in the characteristics of the hospital's mix of patients. Subjects a hospital which has total inpatient revenues for an accounting period in excess of its applicable limit to a civil penalty, unless the excess is deposited in an escrow account. Permits withdrawals from the account upon the Secretary's certification that the total inpatient revenues of a hospital for an accounting period fall below the applicable limit for that period. Establishes a civil penalty for a physician or other person or entity (other than a hospital) who has charged any person or entity for services which are required by law to be billed to a hospital. Sets forth provisions relating to notice, opportunity for a hearing, and appeal of such penalties. Prohibits a hospital from engaging in an admission practice that results in: (1) a refusal to admit a patient who is unable to pay for inpatient hospital services; (2) the refusal to admit a patient who would be expected to require unusually costly or prolonged treatment; or (3) the refusal to provide emergency services to any person in need of such services. Sets forth penalties, including exclusion from Medicare or Medicaid participation, for hospitals committing such admissions violations. Sets forth subpart II of Part B entitled "Post-Transition Period." Provides that in the case of a State not having a plan approved under part A and in effect for any period beginning after the transition period, the Secretary shall establish and implement a health care plan for such State for such period which meets the requirements of part A, with specified differences. Sets forth definitions under part C of title XXI. Establishes an Advisory Committee on Health Care Technologies and Procedures. Directs the Advisory Committee to examine the appropriateness of the various interventions and the conditions under which they are needed, the safety and efficacy of alternative therapeutic and preventive regimens, and the standards for availability and utilization of various technologies, and to publicly report on whether or not payments should be made for such services and, if so, under what conditions and frequency of service. Exempts individuals enrolled in health maintenance organizations and competitive medical plans from the limits established under title XXI on revenues and discharge of a hospital if: (1) the organization elects such treatment; or (2) the organization annually pays for more than 20 percent of the number of bed-days of care with respect to that hospital. Amends provisions of the Public Health Service Act relating to employees' health benefits plans to provide that if an employer makes a contribution with respect to the costs of a health benefits plan of an employee and the employer offers the option of membership in a health maintenance organization or a competitive medical plan, which membership provides benefits at least actuarially equivalent to those provided under the other health benefits plan, the employer shall: (1) contribute at least as much towards the membership as the maximum amount of the employer's contribution to the other plan; (2) provide for a cash rebate if the contribution with respect to any other health benefits plan exceeds the cost of membership with the organization; and (3) provide information to employees that reasonably compares the benefits and costs of different plans. Exempts from the provisions of the previous sentence employees of an employer represented by a collective bargaining representative or other employee representative selected under any law. Amends title XVIII (Medicare) of the Social Security Act, with respect to health maintenance organizations and competitive medical plans, to provide that the annual per capita rate of payment for each class of members shall be 100 percent in the case of individuals enrolled with an eligible organization in an area where at least 30 percent of the individuals eligible to enroll with an organization are enrolled. Amends title XIX (Medicaid) of the Social Security Act to exempt a health maintenance organization which is a public entity from the requirement that at least 75 percent of its membership be Medicaid eligible or insured under part B (Supplementary Medical Insurance) of title XVIII or under both parts A (Hospital Insurance) and B of title XVIII. Directs the Secretary, under the prospective payment provisions of title XVIII of the Social Security Act, to provide that in the case of a State health care plan approved under Part A of title XXI of the Public Health Service Act payments with respect to services covered under title XXI: (1) may, at the State's option, be made in accordance with title XXI rather than Medicare; or (2) shall be made in accordance with title XXI rather than Medicare in the case of a plan which provides for the control of hospital costs through a title XXI ratesetting mechanism. Provides for increased Medicare payments to a hospital for its operating costs if the number of admissions for an accounting period exceeds the hospital's admissions during a specified base period. Directs the Secretary to determine a regionally adjusted capital-related prospective payment rate for each inpatient hospital discharge in accordance with a specified formula. Directs the Secretary, for each diagnosis-related group, to estimate the average per discharge amount of charges recognized under part B of title XVIII attributable to items and services furnished to inpatients within such group during 1983. Provides that, subject to the part B deductible and subject to other provisions of the Medicare prospective payment rate provisions, with respect to each individual entitled to benefits under part A and enrolled under part B of title XVIII who is a hospital inpatient and whose discharge is classified within a diagnosis-related group, the Secretary shall provide for payment to the hospital of an amount equal to 80 percent of a specified rate in lieu of payments otherwise made under part B for inpatient services. Requires that: (1) payments for health care services furnished to inpatients be made to or through a hospital as a condition of the hospital's participation in the Medicare payment; and (2) the Secretary provide for notice to the public and to individuals enrolled under part B of title XVIII of the Social Security Act of such requirement. Permits the Federal Hospital Insurance Trust Fund to borrow at any time from other social security trust funds if it can repay the loan within ten years. Provides for the periodic transfer to the Federal Hospital Insurance Trust Fund from the Federal Supplementary Medical Insurance Trust Fund of amounts which the Secretary determines to be equal to a specified fraction of the total revenues of the Federal Supplementary Medical Insurance Trust Fund for each fiscal year. Directs the Secretary to conduct and report to the Congress on seven studies relating to: (1) health care costs, quality, delivery, and services; and (2) the effects of this Act.
United States · United States Congress · 25 March 1985
Overseas Private Investment Corporation Amendments Act of 1985 - Amends the Foreign Assistance Act of 1961 to extend the authority of the Overseas Private Investment Corporation (OPIC) through FY 1989. Requires OPIC to consider the environmental impact of a development project in determining whether to become involved in such project. Directs OPIC to refuse to insure, reinsure, or finance any investment in connection with a project if the project will pose an unreasonable environmental, health, or safety hazard. Directs OPIC to notify any country where an OPIC project is located of any restriction under any U.S. law relating to public health or safety, or the environment that would apply to the project if the project were located in the United States.
United States · United States Congress · 21 March 1985
Wood Products Trade Act of 1985 - Amends the Trade Act of 1974 to authorize the President to enter into trade agreements which provide for voluntary restraints on exports of wood products. Declares that such agreements should also provide for the termination of subsidies and the harmonization reduction or elimination of tariff and nontariff barriers to international trade in wood products. Directs the President, in pursuing such trade agreements, to take into account trade distortions resulting from product standards and from restrictions on the trade of unprocessed logs. Requires such agreements, for specified purposes, to be treated in the same manner as trade agreements designed to reduce nontariff trade barriers and other trade distortions. Directs the President, after not more than 90 days of consultation with a foreign country or instrumentality, to: (1) terminate, withdraw, or suspend all or part of any trade agreement with such foreign entity with respect to any U.S. duty or other import restriction on wood products; and (2) terminate, withdraw, or suspend the U.S. obligations with respect to such duty or other import restriction. Requires that: (1) any duty or other import restriction with respect to which such an action has been taken shall remain in effect from February 26, 1985, through February 26, 1986; and (2) after February 26, 1986, any such duty shall be increased to ten percent ad valorem plus its column 1 duty rate, unless either a countervailing duty is imposed on that wood product because of a subsidy or the duty on the wood product is modified under a bill enacting a trade agreement on wood products. Requires that any such suspension of tariff or import restrictions on wood products shall be treated as an increase or imposition of duty for purposes of the President's authority to grant new concessions as compensation to maintain the general level of reciprocal and mutually advantageous concessions. Directs the President to consult with the Congress in carrying out this Act. Amends the Tariff Act of 1930 to add as a definition of "subsidy" the furnishing of stumpage rights (the rights to cut or remove standing timber) on government lands by a country under a program or system in which those rights are furnished in exchange for a price less than the current price for comparable stumpage rights on government lands in the United States. Sets forth a formula for determining such stumpage rights subsidy in Canada. Amends the Tariff Schedules of the United States (TSUS) to change the definition of certain types of plywood for purposes of the TSUS.
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 · 7 March 1985
Anti-Apartheid Act of 1985 - Prohibits any U.S. person from making any loan to South Africa or to any organization owned or controlled by South Africa. Excludes from such prohibition a loan for any educational, housing, or health facility which: (1) is available to everyone on a nondiscriminatory basis; and (2) is located in an area accessible to all population groups. Declares that such prohibition shall not apply to loans for which an agreement is entered into before enactment of this Act. Directs the President to issue regulations prohibiting U.S. persons from making any investment (including bank loans) in South Africa. Excludes from such prohibition: (1) an investment which consists of earnings derived from a business enterprise in South Africa established before enactment of this Act and which is made in that business enterprise; or (2) the purchase of certain securities in such business enterprises. Prohibits any person, including U.S. banks, from importing into the United States any gold coin minted in or offered for sale by South Africa. Authorizes the President to waive the prohibitions against investments in South African businesses and against importing South African gold coins if: (1) the Government of South Africa meets at least one of seven conditions; (2) the President submits to the Congress a determination that such conditions are met; and (3) a joint resolution is enacted approving such determination. Authorizes the President to extend the waivers. Provides for expedited consideration of such joint resolution. Amends the Export Administration Act of 1979 to prohibit exporting computers, computer software, or goods or technology intended to service computers to or for use by South Africa or any organization owned or controlled by South Africa. Excludes from such prohibition donations of computers to primary and secondary schools. Declares that certain termination provisions of the Export Administration Act of 1979 shall not apply to such prohibition. Provides for enforcement of this Act. Sets forth penalties for violations of this Act. Directs the President to attempt to persuade through negotiations other countries to adopt restrictions on new investment in South Africa, on bank loans and computer sales to South Africa, and on the importation of krugerrands. Directs the President to submit annual reports to the Congress on the status of negotiations. Terminates the provisions of this Act and all the regulations issued to carry out this Act upon enactment of a joint resolution approving a determination submitted by the President to the Congress that apartheid in South Africa has been abolished.
United States · United States Congress · 7 March 1985
Requires each State to provide for voter registration by mail for Federal elections. Requires such registration to be carried out by a post card application form approved by the Attorney General. Prohibits any State from denying any person the right to vote on the grounds such person is not registered to vote if such person has complied with the requirements of post card registration. Requires the Postmaster General, the Commissioner of Social Security, and the Administrator of Veterans Affairs, in cooperation with the Attorney General and the Chief election officer of each State, to facilitate distribution of post card registration forms in Federal facilities.
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 · 27 February 1985
High Risk Occupational Disease Notification and Prevention Act of 1985 - Directs the Secretary of Health and Human Services to conduct research into improving the means of: (1) surveillance of employees exposed to occupational health hazards; and (2) medical monitoring and treatment of employees exposed to occupational hazards. Provides that such research shall be conducted primarily through the occupational and environmental health centers established under this Act. Lists areas such research is to include (among which are: studying the etiology and development of such diseases; developing means of medical surveillance of exposed employees; and developing educational programs). Directs the Secretary to undertake or sponsor additional epidemiological, clinical, and laboratory research to identify and define additional employee populations at risk of occupational disease. Provides that: (1) this expanded research shall be conducted or sponsored by the National Institute for Occupational Safety and Health (NIOSH); and (2) in conducting such research, NIOSH shall have access to prior and current employment, occupational, and health-related data and information maintained by Federal agencies. Authorizes the Secretary, in carrying out such research, to employ experts and consultants. Establishes a Risk Assessment Board, within NIOSH, to: (1) review current medical and other scientific studies and reports concerning the incidence of disease associated with employment; (2) report to the Secretary on the state of current research on such diseases; and (3) designate, from such review, employee populations at risk of disease associated with hazardous occupational exposures. Sets forth factors which the Board must consider in identifying such populations at risk. Directs the Board, within ten days of making a finding that a class or category of workers is a population at increased risk (30 percent greater incidence of disease than a comparable worker population not exposed to the hazardous occupational exposure) or a population at high risk (100 percent greater incidence than the comparable worker population not exposed), to recommend to the Secretary that individuals within such populations be notified and, in cases of high risk, be eligible for services and information under this Act. Gives priority for Board review to those employee populations exposed to hazardous occupational exposures for which there already exists a permanent standard under the Occupational Safety and Health Act. Requires the Board to transmit to the Secretary its findings and recommendations on these employee populations within one year after the effective date of this Act. Directs the Secretary, upon determination that a given class or category of employee is a population at risk of occupational disease, to notify each individual within such population at risk. Sets forth the required contents of such notification, including counseling information. Directs the Secretary to establish a telephone "hot line" for the personal physicians of employees who have received such notification, to provide additional medical and scientific information concerning the nature of the risk and its associated disease. Directs the Secretary to prepare and distribute other medical and health promotion material and information on any risk subject to such notification requirements and its associated disease as the Secretary deems appropriate. Provides that, in carrying out such notification responsibilities, the Secretary shall have access to information and data contained in any Federal agency records, solely for the purpose of obtaining names, addresses, and work histories of employees subject to such notification. Directs the Secretary to establish and certify occupational and environmental health centers. Provides that such centers shall be selected from: (1) educational resource centers of NIOSH and similar centers of the National Institute for Environmental Health Sciences; and (2) at a later date, existing health care facilities, in an appropriate number to obtain even regional distribution of such centers throughout the United States. Sets forth criteria for selection of such centers. Requires such centers to be capable of providing research resources, diagnosis, treatment, medical monitoring, and family services for employees notified under this Act who are at high risk of occupational disease. Directs the Secretary to: (1) develop criteria governing the most appropriate type of medical monitoring; and (2) develop a program for training of existing personnel and procuring specialized equipment required under criteria for certification of such centers. Prohibits discrimination by any employer, insurance carrier, or any other person against any employee on the basis that the employee has been notified by the Secretary of being at risk of any occupational disease. Requires that the employee retain the same rates of pay, benefits and seniority as in the former job if, based upon sound medical advice or monitoring initiated under this Act, it is determined that the employee should be transferred to a less hazardous or non-exposed job. Prohibits any health care financing system from discriminating against an employee who has been notified by the Secretary under this Act in the payment of the costs associated with a medical monitoring program, or any subsequent treatment, including treatment required by a medical monitoring examination or the onset of disease. Sets forth procedures for review of discrimination complaints. Provides for reinstatement and specified compensation for employees who are discriminated against in violation of this Act. Sets forth civil penalties for persons or institutions that violate such discrimination prohibitions. Provides for injunctive relief against violations of this Act or any rule or regulation promulgated under this Act. Requires each health care financing system (including public and private health insurance programs, and the Medicare and Medicaid programs, and disability benefits under the Old Age, Survivors and Disability Insurance program) to provide appropriate testing, evaluation, and medical monitoring services to employees as required under this Act. Requires that the cost of testing, evaluation, and medical monitoring required by an employee as a result of hazardous occupational exposure and notification under this Act be included as a covered item in any health care financing system available to such employees through their employment or as individual purchasers of health insurance. Provides that any treatment provided by a health care financing system to an employee for a subsequent disease that was subject to a notification under this Act may constitute an insurance subrogation claim against a workers' compensation program or insurance carrier. Provides that notification of risk to an employee under this Act and subsequent medical evaluation and monitoring shall not constitute a workers' compensation claim, nor shall such notice toll any statute of limitations with respect to such a claim, except as specifically provided by law under a workers' compensation statute. Authorizes appropriations for FY 1986 and subsequent fiscal years.
United States · United States Congress · 26 February 1985
Commission on Congressional Financing Act - Establishes the Bipartisan Commission on Congressional Campaign Financing to consider and study laws, regulations, and public commentary relating to the financing of congressional elections. Requires such study to give particular attention to the extent to which current campaign financing practices undermine public confidence in the Government. Requires the Commission to consider the following changes in the present system of campaign financing: (1) increasing or decreasing allowable contributions; (2) initiating a plan of public financing; (3) making available free or subsidized broadcasting time; or (4) examining the role of independent expenditures. Directs the Commission to make reasonable efforts to achieve the broadest bipartisan consensus in arriving at its recommendations. Requires the Commission, not later than one year after enactment of this Act, to submit to the Congress its final report. Terminates the Commission 90 days after submission of such report. Requires the Director of the Congressional Research Service of the Library of Congress and the Chairman of the Federal Election Commission, not later than two months after enactment of this Act, to transmit briefing papers to the Bipartisan Commission which catalog and synthesize pertinent reports, analyses, and recommendations. Authorizes appropriations.
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
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 · 19 February 1985
African Famine Relief and Recovery Act of 1985 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance for famine relief, rehabilitation, and recovery in Africa. Requires that not less than 80 percent of the funds appropriated for such relief shall be used for grants to private and voluntary organizations and international organizations. Requires that at least 18 percent of funds appropriated for such relief shall be used for emergency health projects. Requires that a specified amount of funds appropriated for such relief shall be transferred to the operating expenses of the Agency for International Development for management support activities relating to emergency food assistance for Africa. Authorizes supplemental appropriations for FY 1985 for such relief. Authorizes supplemental appropriations for FY 1985 to the Department of State for migration and refugee assistance in Africa. Requires that not less than 54 percent of the funds appropriated for such assistance shall be made available to the United Nations Development Program Trust Fund for refugee assistance in Africa. Requires the remaining amount to be used by the Bureau for Refugee Programs of the Department of State for emergency relief and recovery efforts in Africa. Requires that amounts appropriated pursuant to this Act shall be available only for aid in those African countries that have suffered during 1984 and 1985 from exceptional food supply problems due to drought and other calamities. Requires such assistance to be provided without regard to the prohibition against aid to countries which have nationalized or expropriated property of U.S. citizens. Requires that the President shall ensure that such assistance is provided to the famine victims for whom it is intended. Requires the President to report to the Congress by June 30, 1985, on: (1) the emergency needs for African famine assistance; and (2) the projected FY 1985 contribution by the United States to meet an appropriate share of such needs. Expresses the sense of the Congress that the President should submit a request for supplemental funding for emergency African famine assistance if available funding is insufficient to meet the projected contribution.
United States · United States Congress · 19 February 1985
Amends the Peace Corps Act to declare that it is U.S. policy and a purpose of the Peace Corps to provide opportunity for service in the Peace Corps to at least 10,000 persons by the end of FY 1989 and thereafter. Directs the President to report to the Congress on plans to carry out such policy.
United States · United States Congress · 19 February 1985
Amends the Internal Revenue Code to impose a 50 percent excise tax on any "greenmail profits" paid to certain corporate stockholders. Defines "greenmail profits" as any gain realized by a four-percent shareholder of any stock in a corporation if: (1) the shareholder held such stock for a period of less than two years; and (2) during the two-year period ending on the date of the sale or exchange of such stock there was a public tender offer for such stock or a four-percent shareholder submitted a written proposal for a public tender offer. Disallows an income tax deduction for certain interest paid or accrued with respect to hostile acquisition indebtedness. Defines "hostile acquisition indebtedness" as certain subordinate obligations issued after February 18, 1985, in connection with a hostile acquisition.
United States · United States Congress · 7 February 1985
Pacific Salmon Treaty Act of 1985 - Provides for the appointment of four U.S. Commissioners to the Pacific Salmon Commission established by the Pacific Salmon Treaty between the United States and Canada (the Treaty). Provides for the appointment of U.S. Panel members to the Southern, Northern, and Fraser River Panels established by the Treaty. Sets forth the voting requirements for U.S. Commissioners and members of the various Panels. Authorizes the Secretary of State (the Secretary) to: (1) receive and transmit communications of and to the Commission and Panels; (2) in consultation with the Secretary of the Interior, approve, disapprove, object to, or withdraw objections to fishery regimes and Fraser River Panel regulations proposed in accordance with the Treaty; and (3) act upon or refer to other appropriate authority any other communications of and to the Commission and Panels. Authorizes the Secretary to: (1) arrange for cooperation in carrying out the Treaty with U.S. agencies, the States, treaty Indian tribes, private institutions, and organizations; and (2) execute memoranda to reflect such agreements. Authorizes U.S. agencies to cooperate in scientific and other programs to assist the Commission and Panels in carrying out their responsibilities under the Treaty. Provides for the preemption of State or treaty Indian tribe actions if such actions place the United States in jeopardy of not fulfilling its international obligations under the Treaty. Sets forth the procedures for promulgating regulations to carry out U.S. international obligations under the Treaty. Makes it unlawful for any person or vessels subject to U.S. jurisdiction to: (1) violate this Act, or any regulation adopted under this Act, or any Fraser River Panel regulation approved by the United States under the Treaty; (2) refuse to permit an authorized search or inspection of a fishing vessel under such person's control; (3) interfere with an authorized officer in the conduct of such a search or inspection; (4) resist a lawful arrest for any act prohibited by this Act; (5) ship, transport, offer for sale, sell, purchase, import, export, or have custody of any fish taken and retained in violation of this Act; or (6) interfere with the apprehension or arrest of another person knowing such person has violated this Act. Sets forth penalties for such violations. Sets forth as the general standard for U.S. actions with respect to the Treaty that the U.S. actions shall: (1) consider the best scientific information available; (2) result in measures necessary and appropriate for the conservation and use of the Pacific salmon; and (3) be consistent with U.S. obligations under the Treaty, domestic Indian treaties, and other applicable law. Requires the U.S. Commissioners and Panel members to appoint an advisory committee. Sets forth general administrative provisions. Authorizes appropriations. Repeals the Sockeye Salmon or Pink Salmon Fishing Act of July 29, 1947, as amended. Directs the Secretary to dispose of any U.S. property held by the International Pacific Salmon Fisheries Commission.
United States · United States Congress · 7 February 1985
Expresses the sense of the Congress that the President and the Secretary of State should take all diplomatic and legal means possible to achieve worldwide compliance with the International Whaling Commission moratorium on commercial whaling.
United States · United States Congress · 6 February 1985
Requires that funds be made available from appropriations under the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1985 to enable the National Institutes of Health to award 6,500 new and competing research grants in FY 1985.
United States · United States Congress · 31 January 1985
Interstate Compact - Grants congressional approval to the Northwest Interstate Compact on Low-Level Radioactive Waste Management, which provides for cooperation among the States of Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming in the management of low-level radioactive waste on a continuing basis.
United States · United States Congress · 31 January 1985
Amends the Housing and Community Development Act of 1974 regarding urban development action grant criteria to require at least one-half of aggregate grant amounts to be made solely on the basis of specified criteria, of which job creation, especially for low-income persons and minorities, shall be given priority. Requires a report to the Congress.
United States · United States Congress · 31 January 1985
Amends the Federal Supplemental Compensation Act of 1982 to extend the Federal supplemental unemployment compensation program for an additional 18 months, through September 28, 1986.
United States · United States Congress · 28 January 1985
Biennial Budgeting Act of 1985 - Amends the Congressional Budget Act of 1974 to establish a two-year cycle for the presidential and congressional budget process. Requires each standing committee of Congress to review the laws and programs under its jurisdiction every other year and to consider the desirability of new legislation in such areas. Eliminates provisions requiring a second concurrent resolution on the budget. Permits revisions only in new spending authority, revenues, and the public debt limit through the reconciliation process.
United States · United States Congress · 24 January 1985
Civil Rights Restoration Act of 1985 - Amends the Education Amendments of 1972, the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Civil Rights Act of 1964 to provide a definition of the phrase "program or activity." Defines such term as all of the operations of: (1) a department or agency of a State or of a local government; (2) the entity of such State or local government that distributes Federal assistance and each such department or agency to which the assistance is extended; (3) a university or a system of higher education; (4) a local educational agency or other school system; (5) a corporation, partnership, or other private organization; or (6) any other entity consistent with the coverage provided above.
United States · United States Congress · 22 January 1985
Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies for Veterans Administration (VA) adjudication purposes the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Requires the chairman of the Board of Veterans' Appeals to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees in successful veterans' claims brought before a court as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 22 January 1985
Fair Voting Hours Act of 1985 - Provides for uniform voting hours (between 8 o'clock a.m., eastern standard time and 11 o'clock p.m., eastern standard time) for presidential general elections beginning in 1988.
United States · United States Congress · 22 January 1985
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that disability insurance benefits for an individual having a terminal illness shall begin with the first month such individual has such illness.
![Official portrait of Rep. Bonker, Don [D-WA-3]](https://www.congress.gov/img/member/b000620_200.jpg)