United States · United States Congress · 7 October 1985
Amends title XVIII (Medicare) of the Social Security Act to authorize the President to enter into agreements establishing reciprocal arrangements between Medicare programs and the program of any foreign country providing similar services to individuals either directly or by insurance payments. Requires that any such agreement specify: (1) the nature and extent of payment to be made to, or on behalf of, the individuals entitled to benefits; (2) limitations on the nature and duration of health services and on entitlement of individuals to benefits on a reciprocal basis; and (3) the methods by which the cost of providing health services on a reciprocal basis shall be shared by the United States and the foreign country. Directs the Secretary of Health and Human Services to make rules and regulations and establish procedures necessary to implement and administer such agreements. Authorizes the Secretary to enter into interim arrangements with any hospital in a foreign country which is accredited by the Joint Commission on Accreditation of Hospitals or such other hospitals as the Secretary finds meet specified health and safety standards.
United States · United States Congress · 7 October 1985
Recognizes the 20th anniversary of the Higher Education Act of 1965 and the important role that the legislation has played in the Nation's development. Reaffirms the historic partnership between the Federal Government and the colleges and universities toward the development of human resources required for an increasingly complex and technological society.
United States · United States Congress · 7 October 1985
Declares that the Congress deplores the President's notification to the U.N. Secretary General that the United States is withdrawing from the compulsory jurisdiction of the International Court of Justice, and reaffirms its support for the international rule of law and the role of the Court.
United States · United States Congress · 2 October 1985
Fair Trade Wage Act of 1985 - Title I: Minimum Wage Law Applied Extraterritorially - Amends the Fair Labor Standards Act of 1938 to impose minimum wage requirements on U.S. foreign enterprises as defined in the Tariff Act of 1930. Prohibits importing into the United States goods produced by any such employer found in violation of the minimum wage requirements. Title II: Earnings Parity - Amends the Tariff Act of 1930 to impose, in addition to any other duty, an earnings parity fee on every article produced by a U.S. foreign enterprise and imported into the United States, in order to equalize the earnings of foreign workers for U.S. foreign enterprise with the earnings of U.S. workers in the same or similar industry and occupational classification. Sets forth the formula for calculating the earnings parity fee. Title III: Trade Adjustment Assistance Trust Fund - Amends the Trade Act of 1974 to establish within the Treasury a Trade Adjustment Assistance Trust Fund. Directs the Secretary of the Treasury to transfer to the Trust Fund the amounts collected as earnings parity fees. Requires the Secretary of Labor to hold, and invest part of, the Trust Fund and to report to the Congress annually on the Trust Fund's economic condition. Authorizes appropriations. Title IV: Neutralization of Tax Effects - Amends the Internal Revenue Code to limit the tax deduction under the accelerated cost recovery system for substitute facilities (business facilities outside the United States which were built or bought within five years of taking out of service similar facilities located within the United States). Prohibits taking depreciation or a foreign tax credit on substitute facilities.
United States · United States Congress · 2 October 1985
Amends the Small Business Act to provide that a small business shall not be eligible for assistance under the Small Business Administration's (SBA) small business and capital ownership development program or the award of Government procurement contracts under the small business set-aside program unless the Associate Administrator for Minority Small Business and Capital Ownership Development determines that such small business has met not less than 15 percent nor more than 80 percent of specified criteria relating to the competitiveness of such small business. Sets forth: (1) specified criteria and responsibilities for computing the competitiveness of a small business; and (2) circumstances under which such assistance to small businesses or the award of Government procurement contracts shall be denied. Provides that a small business shall be deemed by the SBA to be in the: (1) developmental stage of program participation (with respect to the small business and capital ownership development program) if such small business has met at least 15 percent but less than 70 percent of its criteria of competitiveness; and (2) transitional stage of program participation if such small business has met at least 70 percent of its criteria of competitiveness but has not yet graduated from such program. Defines "graduated". Defines "development investments." Establishes within the Treasury a revolving fund that shall be available to the SBA, without fiscal year limitation, to finance the purchase of development investments from small businesses. Authorizes the Administrator of the SBA to approve joint venture agreements between a small business and another business if such ventures will enhance such small business competitiveness and strengthen the free enterprise system. Sets forth specified conditions with respect to such competition. Provides that a small business that has graduated from the small business and capital ownership development program shall be eligible to receive from the SBA mainstreaming and other specified types of assistance. Prohibits any such assistance to a small business that has achieved or exceeded all of its criteria of competitiveness. Limits to 14 years the period of time that a small business shall be able to receive such assistance. Sets forth specified requirements and procedures with respect to the awarding of Government procurement contracts to small businesses. Requires the SBA within: (1) 60 days after enactment of this Act to conduct meetings with small businesses who participate in the small business and capital ownership development program to ascertain the extent of regulations that are necessary to implement this Act; (2) 120 days after enactment of this Act to publish proposed regulations in the Federal Register; and (3) 210 days after enactment of this Act to publish the final regulations in the Federal Register. Prohibits any SBA employee from performing any of the principal functions of a Business Development Specialist, a loan officer, or a management assistance officer as they relate to this Act unless such employee receives specialized training. Requires the first session of such specialized training to begin within 180 days after enactment of this Act. Repeals a specified section of the Small Business Act relating to the SBA's small business and capital ownership development program.
United States · United States Congress · 1 October 1985
Social Security Budget and Administrative Reorganization Act of 1985 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a Commissioner of Social Security; (2) a Deputy Commissioner of Social Security; (3) a General Counsel; (4) an Inspector General; and (5) an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interests of beneficiaries under the Old Age, Survivors and Disability Insurance program and the Supplemental Security Income Program within the Administration. Requires the annual report of the Board to include a description of the activities of the Beneficiary Ombudsman. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan as established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board and the Director of the Office of Personnel Management to implement demonstration projects relating to personnel matters. Directs the Board and the Administrator of General Services to implement such projects relating to delegations from the Administrator. Specifies the authorities which are to be delegated to the Board from the Administrator and the Director. Requires the Comptroller General to report to specified congressional committees concerning such projects, including an evaluation of the Board's readiness to assume full and permanent authority. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Provides for the transfer to the Administration of all functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Sets forth effective date and transitional rule provisions. Title II: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs which he or she administers. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors, and Disability Insurance program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the Old-Age, Survivors and Disability Insurance program and the Medicare program and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each Trust Fund. Sets forth the effective dates of this title. Title III: Budgetary Treatment of Old-Age, Survivors, and Disability Insurance Program - Provides for off-budget treatment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund beginning with FY 1987.
United States · United States Congress · 26 September 1985
Simultaneous Nuclear Test-Ban Act - Expresses the sense of the Congress that the President, before January 1, 1986, should declare that the United States will stop testing nuclear warheads and will invite the Soviet Union to meet with the United States to enter into negotiations for the conclusion of a Comprehensive Test Ban Treaty at the earliest possible date. Declares that the United States should continue the cessation of the testing of nuclear warheads so long as the Soviet Union refrains from the testing of nuclear warheads and substantive Comprehensive Test Ban Treaty negotiations are in progress. Expresses the sense of the Congress that during such cessation the President should seek resumption of the comprehensive test ban talks between the United States, Great Britain, and the Soviet Union. Prohibits the United States from obligating or spending any money for testing nuclear warheads during the six-month period beginning on January 1, 1986, if the President does not declare such a cessation of nuclear testing. Authorizes such spending if the President certifies to the Congress that the Soviet Union on or after January 1, 1986, tested a nuclear warhead. Requires the President to include in any such certification: (1) an unclassified report summarizing the basis for the certification; and (2) a classified report describing the Soviet activities that are the basis for the certification. Requires the President to report annually to the Congress on: (1) the progress in nuclear arms control negotiations with the Soviet Union; and (2) whether the President believes that continuation of the cessation of nuclear testing is in the U.S. national security interest.
United States · United States Congress · 26 September 1985
Expresses the sense of the House of Representatives condemning the human rights abuses in El Salvador, including the indiscriminate attacks against Salvadoran civilians by the El Salvadoran armed forces.
United States · United States Congress · 23 September 1985
Bicentennial of the Constitution Coins and Medals Act - Title I: Bicentennial of the United States Constitution Commemorative Coins - Directs the Secretary of the Treasury to issue a specified number of five dollar gold coins and one dollar silver coins emblematic of the Bicentennial of the U.S. Constitution. Sets forth certain features of such coins and provides for their sale and issuance. Terminates the minting of such coins after December 31, 1987. Requires the Secretary to deposit in the Treasury all surcharges received from sale of such coins, to be used to reduce the national debt. Title II: Bicentennial of the United States Constitution Commemorative Medals - Directs the Secretary to strike and deliver to the Commission on the Bicentennial of the United States Constitution a specified number of gold, silver, and bronze medals commemorating the Bicentennial. Authorizes the Commission to dispose of such medals at a premium. Terminates the striking of such medals after December 31, 1987.
United States · United States Congress · 23 September 1985
Commends U.S. financial institutions for recognizing the economic instability inherent in the system of apartheid. Urges such institutions to continue calling in loans to South African borrowers as they come due.
United States · United States Congress · 20 September 1985
Narcotics Control Trade Act - Directs the President to designate a country an uncooperative drug source nation if during any fiscal year beginning after September 30, 1985, such country: (1) was a source of any illicit narcotic and psychotropic drugs or other controlled substances that is significantly affecting the United States; and (2) did not cooperate with the United States in preventing such drugs and substances from affecting the United States by taking specified actions. Directs the President to report to the Congress the name of each such country. Denies the products of each such country most-favored-nation treatment until the President notifies the Congress that such country has made significant progress and will continue to make progress in remedying those policies on which an uncooperative drug source nation designation was based.
United States · United States Congress · 19 September 1985
Electronic Communications Privacy Act of 1985 - Title I: Title 18 and Related Matters - Amends the Federal criminal code to extend the prohibition against the unauthorized interception of communications to specified types of electronic communications (present law prohibits only the interception of wire and oral communications). Specifies certain exceptions with respect to electronic communications. Extends such prohibitions to the communications of any provider of electronic communication services (present law extends only to communication common carriers). Prohibits the unauthorized access to an electronic communication system in order to obtain or alter information contained in such system. Imposes criminal penalties for the violation of such prohibition. Prohibits any person or entity providing an electronic communication service from knowingly divulging the contents of any communication carried on that service. Provides for specified exceptions to such requirement. Allows the Attorney General or the prosecuting attorney of any State or political subdivision to apply for disclosure of information contained in an electronic communication service. Specifies that such application shall meet the same requirements as that for an application for the interception of wire or oral communications. Allows any person whose electronic communication is intercepted, disclosed, or used to bring a civil action to recover civil damages. (Present law allows a civil action only for the interception or use of wire or oral communications.) Revises the amount of damages which may be recovered by such civil actions. Specifies a two-year statute of limitations for the commencement of such a civil action. Specifies additional crimes for which interception of wire, oral, or electronic communications can be authorized in the course of the investigation of such crimes. Sets forth additional requirements for applications, court orders, and the implementation of court orders for the interception of such communications. Requires that a court order authorizing such interception shall require that reports of specified information be made not less often than every ten days to the judge who issued such order. Title II: Pen Registers and Tracking Devices - Prohibits the installation or use of a pen register or a tracking device without first obtaining a court order pursuant to this Act or under the Foreign Intelligence Surveillance Act of 1978. Imposes criminal penalties for violations of such prohibition. Defines "pen register" as a device which identifies the numbers dialed or transmitted on the telephone line to which the device is attached. Defines a "tracking device" as an electronic or mechanical device which permits the tracking of the movement of a person or object in circumstances in which there exists a reasonable expectation of privacy. Authorizes Federal and State law enforcement officers having responsibility for ongoing criminal investigations to apply for a court order allowing the installation and use of a pen register or a tracking device. Sets forth procedures for the application for an issuance of a court order allowing the use of a pen register or tracking device. Allows the issuance of such order if, in the case of a pen register, there is reasonable cause to believe that the information likely to be obtained is relevant to a legitimate criminal investigation. Sets forth requirements for the emergency use of a pen register or tracking device without prior court authorization. Requires a communications common carrier, landlord, custodian, or other person to furnish an authorized law enforcement officer information, facilities, and technical assistance necessary to accomplish the installation and use of a pen register or tracking device if such assistance is directed by court order or an emergency installation is authorized. Requires that anyone providing such assistance shall be compensated for any reasonable expenses incurred. Requires any judge issuing or denying an order for the use of a pen register or tracking device to file a report with the Administrative Office of the United States Courts. Requires the Attorney General and the principal prosecuting attorney of a State to report annually to the Administrative Office of the United States Courts concerning the use of pen registers and tracking devices authorized for use in criminal investigations. Requires the Director of the Administrative Office of the United States Courts to report annually to the Congress concerning the use of pen registers and tracking devices. Allows any person who is harmed by a violation of this Act concerning pen registers or tracking devices to bring a civil action to recover civil damages. Specifies the type of damages which may be recovered. Specifies a two-year statute of limitations for the commencement of such a civil action.
United States · United States Congress · 18 September 1985
National Commission to Prevent Infant Mortality - Establishes the National Commission to Prevent Infant Mortality (Commission). States the duties of the Commission, which include: (1) identifying and examining Federal, State, local, and private resources which affect infant mortality; (2) identifying barriers to the health care needed to prevent high infant mortality; and (3) reviewing and carrying forward appropriate recommendations that promote the health status of childbearing women and their infants. Directs the Commission to: (1) recommend a national policy designed to improve the current approach to preventing infant mortality; (2) recommend specific changes needed in Federal laws and programs; and (3) present such recommendations to the President, the Speaker of the House, and the majority leader of the Senate within one year of enactment of this Act. Sets forth the powers of the commission. States that the provisions of the Federal Advisory Committee Act shall not apply to the Commission. Provides for the termination of the Commission. Authorizes appropriations.
United States · United States Congress · 12 September 1985
Establishes a field sanitation occupational health and safety standard with respect to agricultural employees engaged in hand-labor operations in the field. Provides that such standard shall be deemed to be an occupational health and safety standard promulgated, enforceable, and subject to penalties for violations under specified provisions of the Occupational Health and Safety Act (OSHA). Prohibits modification, revocation, or challenge of such standard under specified provisions of OSHA. Provides that this Act shall not preempt any State occupational health and safety standard, or any provision thereof, which is more effective in providing sanitized potable drinking water and toilet and handwashing facilities for agricultural employees than the standard established under this Act.
United States · United States Congress · 12 September 1985
National Schoolbus Safety Act of 1985 - Limits the amount of financial assistance which the Secretary of Education may provide to any State or local educational agency in a State or locality that does not impose certain requirements for inspecting school buses and equipping them with safety belts. Sets forth the initial form of such requirements as follows: (1) equipping those school buses first placed in service after the effective date of this Act with safety belts; and (2) annual safety inspection of all school buses. Limits the amount of financial assistance in cases of noncompliance to not more than: (1) 95 percent of the allocated amount for the first fiscal year beginning after the effective date of this Act; (2) 90 percent for the second such fiscal year; and (3) 85 percent for any subsequent fiscal year. Sets forth final requirements which must be effective on or before January 1, 1995, as follows: (1) equipping all school buses with safety belts; and (2) annual inspections of all school buses. Prohibits any financial assistance to any State or local educational agency in a State or locality which does not have such requirements in effect by such date. Directs the Secretary of Transportation to annually provide the Secretary of Education with information necessary to determine whether a State or local government has in effect the requirements referred to under this Act, if there is an approved highway safety program for pupil transportation safety in effect for such State or local government. Requires the State or local government to provide such information when such a program is not in effect. Makes this Act effective beginning one year after its date of enactment.
United States · United States Congress · 11 September 1985
Gifted and Talented Children and Youth Education Act of 1985 - Establishes a Federal gifted and talented education (GTE) program to improve the capability of State and local education agencies (SEAs and LEAs) and private nonprofit schools to: (1) identify gifted and talented children and youth; and (2) provide those children and youth with appropriate educational opportunities. Directs the Secretary of Education from specified sums appropriated under this Act and after consultation with the advisory committee established by this Act to make grants to or contracts with SEAs, LEAs, institutions of higher education, or other public and private agencies to assist them in carrying out authorized GTE programs or projects, including personnel or supervisory training. Sets forth authorized GTE programs and projects, including: (1) preservice and inservice training (including fellowships) for GTE personnel (including leadership personnel); (2) model projects and exemplary programs for identification and education, including summer programs and cooperative programs involving business, industry, and education; (3) strengthening SEA and higher education institutions' capability to provide leadership and assistance to LEAs and nonprofit private schools in planning, operating, and improving such programs; (4) technical assistance and information dissemination; (5) research on methods and techniques for identifying and teaching gifted and talented children and youth; (6) conducting program evaluations and surveys; and (7) developing information and analysis. Establishes the National Center for Research and Development in the Education of Gifted and Talented Children and Youth (the National Center) through grants or contracts with one or more higher education institutions or SEAs, or a consortium or combination of such institutions and agencies, to carry out clauses (5), (6), and (7) of the preceding paragraph. Requires the Director of the National Center to carry out such National Center functions as may be agreed upon through arrangements with other higher education institutions, SEAs, LEAs, or other public or private agencies and organizations. Limits to 30 percent of the funds for authorized programs and projects that portion which may be used to conduct activities pursuant to provisions relating to the National Center and its research, evaluation, and information functions. Directs the Secretary and the advisory committee established by this Act, in administering this Act, to give highest priority to programs for: (1) identifying and educating gifted and talented children and youth who may not be identified through traditional assessment measures (such as the limited-English speaking, economically disadvantaged, handicapped, and women); and (2) developing or improving the capability of schools in an entire State or region of the Nation, through cooperative efforts and participation of SEAs, LEAs, higher education institutions, and other public and private agencies and organizations (including business, industry, and labor) to identify and educate gifted and talented children and youth. Sets forth provisions relating to participation of private school children and teachers in programs under this Act. Directs the Secretary to appoint an advisory committee on GTE, with members representative of State education agencies, teacher education institutions, researchers, teachers, and parents. Directs the Secretary to establish or designate an administrative unit within the Department of Education to: (1) administer the programs authorized by this Act; (2) coordinate all GTE programs that the Department administers; and (3) serve as a focal point for national leadership and information on the educational needs of gifted and talented children and youth and the availability of services and programs to meet those needs. Requires that such administrative unit be headed by a person of recognized professional qualifications and experience in GTE. Authorizes appropriations for FY 1987 through 1991.
United States · United States Congress · 10 September 1985
Amends title XVIII (Medicare) of the Social Security Act to provide coverage for services performed by a physician assistant under the supervision of a physician.
United States · United States Congress · 10 September 1985
Amends the Federal criminal code with regard to the ban on mailing dangerous items to include martial arts weapons within the prohibition. Prohibits mail-order sales to States which have banned the manufacturing, selling, carrying, and possession of such weapons. Authorizes the Postal Service to prescribe regulations for mailing otherwise nonmailable martial arts weapons to certain military, State, or municipal procurement officers or employees, as well as certain bona fide manufacturers or dealers. Exempts knives, swords, and other ceremonial or collector weapons that are otherwise mailable under the prohibition.
United States · United States Congress · 1 August 1985
National Planning for Peace Act - Establishes the National Planning for Peace Commission to: (1) determine how national defense resources might best be allocated to meet nonmilitary national priorities; and (2) ascertain the changes needed in Federal laws and policies to facilitate conversion of defense-related industries and human resources to nonmilitary needs. Requires the Commission to report to the Congress on its activities, findings, and conclusions. Requires an annual review by specified executive agencies of progress toward the recommendations made in the final report of the Commission. Requires such agencies to report to the Congress recommendations based on such review. Terminates the Commission two years after the date of its initial meeting. Authorizes appropriations.
United States · United States Congress · 1 August 1985
Home Equity Conversions Act of 1985 - Amends the Internal Revenue Code to permit the owner of a residence who has attained the age of 55 to enter into a sale-leaseback transaction with a prospective purchaser of the residence and retain occupancy rights to the residence under a lease requiring a fair rental. Requires the owner of the residence to have owned and used the residence as a principal residence for three of the five years immediately preceding the sale. Allows the purchaser of such residence an income tax deduction for depreciation of the residence. Permits an owner of a residence who sells such residence under a sale-leaseback arrangement to claim the one-time exclusion from income of gain from the sale of a principal residence by an individual aged 55 or older. Excludes from the gross income of such owner the value of any occupancy rights or fair market price discount attributable to retained occupancy rights received in a sale-leaseback transaction. Permits the use of the installment sales method of accounting in reporting gain from the sale of a residence under a sale-leaseback agreement. Provides a special rule for the treatment of an annuity purchased for the owner-occupant under a sale-leaseback transaction. Establishes a legal presumption that a sale-leaseback transaction for the sale of a residence under this Act is an activity engaged in for profit for purposes of the deductibility of certain related business expenses. Exempts the purchaser of a residence under a sale-leaseback agreement from rules disallowing income tax deductions for personal use of a residence. Permits the purchaser in a sale-leaseback transaction of a principal residence to use the accelerated cost recovery system of depreciation.
United States · United States Congress · 1 August 1985
Amends the Federal Tort Claims Act to allow members of the armed forces serving on active duty or on full-time National Guard duty to bring claims for damages against the United States for personal injury or death arising out of medical or dental care furnished by a medical treatment facility operated by the military or the United States.
United States · United States Congress · 1 August 1985
Higher Education Disclosure Act - Requires any institution of higher education which is a direct or indirect recipient of Federal financial assistance to disclose grants from or contracts with a foreign source when such grants and contracts total over $100,000 during any 12-month period. Sets forth procedures and requirements relating to the contents of such disclosure reports to the Secretary of Education. Makes such reports accessible to the public. Allows civil actions to be brought to request restraining orders or injunctions commanding compliance with the requirements of this Act. Requires institutions which knowingly or willfully fail to comply with such requirements to pay the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement. Authorizes the Secretary of Education to promulgate regulations to carry out the ministerial duties imposed by this Act.
United States · United States Congress · 1 August 1985
Prohibits the Secretary of Health and Human Services from changing reimbursement levels or methodologies for home health services under title XVIII (Medicare) of the Social Security Act prior to the later of: (1) October 1, 1986; or (2) any freeze period beginning after June 30, 1985, and before October 1, 1986.
United States · United States Congress · 1 August 1985
Expresses the sense of the House of Representatives that the appointment by the Secretary of Education of members of the National Advisory and Coordinating Council on Bilingual Education who oppose programs authorized under the Bilingual Education Act meets with the strongest of disapproval by the House of Representatives.
United States · United States Congress · 31 July 1985
Amends the Migratory Bird Hunting and Conservation Stamp Act to direct the Secretary of the Interior to conduct an annual contest to select the design for the duck hunting stamp to be issued each year. Requires proceeds received from contest entry fees to be deposited in the Migratory Bird Conservation Fund established under such Act.
United States · United States Congress · 31 July 1985
Expresses the sense of the Congress that the Internal Revenue Code provisions dealing with the Puerto Rico and possession tax credit (allowing domestic corporations a tax credit if certain percentages of gross income are derived from sources within a possession or from the active conduct of a trade or business within a possession) should not be revised and should be allowed to continue to operate in their present form.
United States · United States Congress · 30 July 1985
Technology Education Act of 1985 - Defines "technology education" as a comprehensive educational process designed to develop a population that is knowledgeable about technology and its evolution, systems, techniques, utilization in industry and other fields, and social and cultural significance. Directs the Secretary of Education, subject to the availability of appropriations under this Act, to establish a program of grants to local educational agencies (LEAs), State educational agencies (SEAs), and institutions of higher education for demonstration programs in technology education for secondary schools. Sets forth grant application requirements. Directs the Secretary to consider equitable geographic distribution in making such grants. Permits such grants to be used to develop a model demonstration program for technology education with specified components. Includes among such components research and development of curriculum materials, an institute to develop teacher capabilities in technology education, and multidisciplinary teacher workshops for interfacing mathematics, science, and technology education. Limits the Federal share to 75 percent of the costs of programs or projects assisted under this Act. Directs the Secretary to disseminate the results of such programs or projects so as to improve the training of educational personnel. Authorizes appropriations to carry out this Act for FY 1987 and 1988.
United States · United States Congress · 30 July 1985
Comprehensive Nuclear Weapons Freeze and Arms Reduction Act of 1985 - Expresses the sense of the Congress that the President should immediately invite the Soviet Union to enter into negotiations with the United States which seek an agreement on a comprehensive freeze (a bilateral and adequately verifiable halt by the United States and the Soviet Union in all testing, production, and deployment of nuclear weapons systems). Declares the President should inform the Soviet Union of the U.S. intention to engage in a bilateral halt in the testing, production, and deployment of nuclear weapons systems. Expresses the sense of the Congress that: (1) both during and after negotiations for a comprehensive freeze the President should pursue reductions in nuclear arsenals; and (2) a comprehensive freeze is entirely consistent with, and an essential part of mutual stabilizing reductions in nuclear forces. Requires both the Senate and the House Intelligence Committees to begin oversight hearings on verification procedures for the comprehensive freeze. Sets forth which committees and subcommittees may have members participate in such hearings. Requires the Intelligence Committees to report to their respective Houses within six months of enactment of this Act on the adequacy of U.S. monitoring systems and existing procedures for verifying Soviet compliance with the comprehensive freeze. Requires the reports to include: (1) an assessment of the nature and extent of Soviet activities and installations involved in the testing, production, and deployment of nuclear weapons systems; (2) an assessment of current U.S. capabilities to monitor threatening changes in the status of Soviet nuclear forces under the comprehensive freeze; and (3) an assessment of additional monitoring systems and cooperative procedures that may be needed to increase monitoring confidence of compliance. Requires the Director of the U.S. Arms Control and Disarmament Agency to begin preparing an operational plan for implementation of the comprehensive freeze. Requires the Director to report to the Congress on the plan within nine months of enactment of this Act. Requires the report to specify: (1) procedures for the cessation of activities and closure or conversion of facilities affected by the comprehensive freeze; (2) a program for the retraining and re-employment of Government and defense industry personnel directly affected by the termination of nuclear weapons-related activities; and (3) a program of economic adjustment assistance for adversely affected communities. Directs the President to submit semi-annual reports to the Congress on: (1) the status of U.S. and Soviet negotiation efforts; (2) Soviet military activities relating to the testing, production, and deployment of nuclear weapons systems; and (3) any uncertainties concerning verification of the comprehensive freeze, the status of efforts to reduce those uncertainties, and the national security implications of those uncertainties. Imposes the following restrictions on nuclear testing, deployment, and production only if the Soviet Union, within a specified time, informs the President that the Soviet Union will observe a bilateral halt in the testing, production, and deployment of nuclear weapons systems. Prohibits obligating or spending appropriations for testing, producing, or deploying nuclear weapons systems, unless the Congress expressly provides otherwise. Allows the testing and deployment of specified nuclear missiles for a limited time. Sets forth the effective dates of such restrictions. Authorizes the President to request the Congress to remove the funding restrictions on the testing, production, and deployment of nuclear weapons systems only if the President certifies to the Congress that: (1) the Soviet Union has failed to demonstrate a restraint with respect to nuclear weapons systems which corresponds to the restraint being shown by the United States; or (2) continuation of the funding restrictions would cause significant and irreparable damage to U.S. national security. Provides for expedited congressional consideration of such a request by the President.
United States · United States Congress · 30 July 1985
Pension Plan Reversion Moratorium Act of 1985 - Provides for a 270-day moratorium, beginning on June 12, 1985, on: (1) the Secretary of the Treasury's issuance of determinations of continuing qualification of certain retirement plans, under specified Internal Revenue Code provisions, upon actual or proposed plan terminations; and (2) the Pension Benefit Guaranty Corporation's issuance of notices of sufficiency of assets with respect to certain plans under specified provisions of the Employee Retirement Income Security Act of 1974. Makes such moratorium effective only in cases where plan termination has resulted or would result in an aggregate amount of reversions to employers in excess of $1,000,000. Sets forth the effects of such moratorium on declaratory judgments relating to qualification and on the period of issuance of a notice of sufficiency. Sets forth procedures under which the Secretary of Treasury may waive such moratorium in cases of substantial business hardship. Declares that such moratorium shall not apply to multiemployer plans.
United States · United States Congress · 30 July 1985
Amends the Communications Act of 1934 to direct the Federal Communications Commission to: (1) establish regulations necessary to ensure access (currently, reasonable access) to telephone service by persons with impaired hearing; and (2) require that all telephones (currently, essential telephones) provide internal means for effective use with hearing aids specially designed for telephone use. Repeals a provision directing the Commission to consider the costs and benefits to all telephone users when making rules concerning telephone service for the disabled.
United States · United States Congress · 26 July 1985
Occupational Disease Compensation Act of 1985 - Establishes a Federal program for occupational disease compensation for the death or disability of workers or their dependents which is caused by work-related exposure to asbestos or to other toxic substances (to be designated later). Makes such compensation compulsory and nonelective and the claimant's exclusive remedy with respect to any employer, such employer's insurance carrier, or the collective bargaining agent of such employer's employee, and any employee, officer, director or agent of such persons. Provides that such compensation shall not constitute the exclusive remedy with respect to any "third party." Provides that these exclusive remedy provisions shall neither: (1) terminate any lawsuit pending on the effective date of this Act; nor (2) preclude such a suit after such date if the suit claims that the employer, with knowledge of the associated health hazards nonetheless intentionally or with reckless indifference exposes its employees to unsafe levels of asbestos or any other toxic substance or substances. Allows compensation claims under this Act for such death or disability occurring at any time prior to, on, or after the effective date of this Act. Requires compensation to be paid retroactively to the date of death or of onset of disability. Provides that, for purposes of claims relating to additional toxic substances designated under this Act, the "effective date of this Act" shall be construed to mean the effective date of such designation. Bars any third party or the Fund established under this Act from suing for indemnification, contribution, or other monetary damages against any party immune from suit by a claimant under this Act. Bars employers, insurance carriers, and the Fund from having a lien or any right of subrogation, upon any judgment rendered in any third party liability action brought by an employee or dependent. Provides, however, that any monetary benefits for death or disability received by the claimant in a third party liability action shall be reduced by the amount of any monetary benefits received under this Act. Makes this Act inapplicable to claims otherwise covered under the Longshore and Harbor Worker's Compensation Act (Longshore Act) or the Employers Liability Act. Provides that compensation under this Act shall cover death and total, partial, permanent, and temporary disabilities. Sets forth formulas for determining monetary benefits under this Act. Provides that for death benefits or total disability benefits shall be the greater of: (1) two-thirds of the employee's average weekly wage (up to 200 percent of the national average); or (2) four-fifths of the national manufacturing (or construction, if applicable) average weekly wage. Provides for distribution of death benefits to survivors. Provides that partial disability benefits shall be that portion of total disability benefits which is greater if determined: (1) from the degree of impairment; or (2) by the percentage reduction in physical capacity to engage in similar work. Provides for redetermination of such partial disability payments. Provides for medical benefits for all reasonable and necessary associated medical costs. Provides for monetary benefits for the death or disability of dependents (to be calculated on the basis of formulas similar to those described above, as applied to the dependent's wages). Provides for annual adjustments in monetary benefits, up to six percent per year, to reflect increases in the national average manufacturing or construction wage. Requires that any monetary benefits for death or disability under this Act be reduced by the amount of any monetary benefit received by a claimant at the same time under a State worker's compensation law or under the Longshore Act for a similar claim. Prohibits, except as otherwise provided in this Act, any maximum limitation on the total amount or duration of monetary benefits for death or disability or medical benefits (or their type or extent). Declares ineffective any comprise or release of monetary or medical benefits unless the Secretary of Labor (the Secretary) determines it is in the best interest of the claimant (and sufficient to provide for future medical care). Declares ineffective under any circumstances any waiver or release relating to future coverage or compensation under any State workers' compensation law or under this Act that is executed prior to the death or onset of disability resulting from any exposure to a toxic substance. Sets forth eligibility criteria for compensation. Requires the employee's work-related exposure to a toxic substance to have significantly contributed to or aggravated the disability or death of the employee or the employee's dependent. Sets forth presumptions with respect to claims of employees and dependents based on exposures to asbestos. Establishes a conclusive presumption that the following diseases result from exposure to asbestos: (1) mesothelioma of the pleura or peritoneum; (2) asbestosis; and (3) lung cancer in cases where evidence of certain asbestotic changes is presented or, in the absence of such evidence, where the claimant can establish a certain duration exposure (provides only a nonconclusive presumption in the absence of such evidence or duration). Sets forth various durations of exposure to asbestos which result in such conclusive presumption in lung cancer cases involving insulation workers, shipyard workers, chemical plant workers, and other workers. Provides that such presumptions shall not apply in cases of cancers occurring less than ten years after the employee or dependent was first exposed. Sets forth procedures for making claims. Requires filing of a claim with the appropriate Office of Workers' Compensation Programs within three years of the death or onset of disability with the following exceptions. Allows asbestos-exposure claims with respect to deaths or onset of disability which occurred prior to the effective date of this Act to be filed within two years after such date. Allows claims based on exposure to a toxic substance designated under procedures established by this Act to be filed within three years after the effective date of such designation. Provides that the time for filing a claim shall only begin to run when the employee is disabled or has died and the employee or claimant is aware or should have been aware through the exercise of reasonable diligence, of the casual relationship between the workplace exposure and the disability or death. Allows two years for filing after a disability becomes compensable, in those cases where a timely claim was filed before the disability was compensable. Prohibits any limitations on filing which are based on: (1) length of time since last employment or exposure, or (2) the exposure's duration or intensity. Sets forth procedures for claim adjudication. Provides for claim processing, investigation, and evaluation by the Office of Workers' Compensation Programs (the Office). Provides that the administrative law judges in hearings on such claims shall have the same powers as those under the Longshore Act. Allows disability awards to be made after the death of the disabled employee or dependent. Provides for referral of claims to another district of the Office for specified purposes. Sets forth provisions for appeals. Makes a compensation order effective on the date it issued, and final unless the claimant or the Secretary files a petition for review with the Benefits Review Board (the Board) within 30 days after such date. Sets forth evidence standards for such review. Makes any final order of the Board enforceable and reviewable in accordance with specified provisions of the Longshore Act. Establishes the Exclusive Federal Occupational Disease Workers Compensation Insurance Fund (the Fund). Directs the Secretary to administer the Fund in order to: (1) insure all employers and toxic substance market participants against liability for occupational disease and death resulting from occupational disease sustained by employees compensable under this Act; and (2) provide compensation and benefits to such employees and their dependents. Defines "toxic substance market participants" (participants) as present or former manufacturers, mine operators, processors, refiners, importers, distributors, or other enterprises (including growers, where appropriate) involved in the commercial or industrial production of: (1) asbestos; or (2) any toxic substance designated by the Secretary under this Act. Makes the Fund responsible for the payment of all compensation with respect to claims under this Act. Requires employers or participants to be insured by the Fund in order to be entitled to the limitations on liability provided under this Act. Directs the Secretary to determine and notify, by individual or general notice, all employers and participants required to become insured by the Fund. Allows any other employers or participants to petition the Secretary and, if approved, become insured by the Fund. Provides for establishment of Fund insurance premiums. Directs the Secretary to determine the annual aggregate of insurance necessary to cover anticipated claims for the following year and administrative costs. Directs the Secretary to use certain allocation formulas in determining the proportions of insurance premiums to be provided by employers and participants. Directs the Secretary to suspend, after notice and opportunity for hearing, Fund agreements with employers or participants if they fail to: (1) obtain and maintain Fund insurance; (2) pay the applicable premium; or (3) comply substantially with this Act or regulations promulgated under it. Authorizes the Secretary to: (1) bring civil actions in the appropriate U.S. district court to require employers or participants to obtain and maintain Fund insurance and to pay applicable premiums; and (2) assess civil penalties against employers or participants who fail to do so. Provides that the following entities are liable for and shall be insured by the Fund in the same manner as would have been payable by the prior operator of a toxic market substance participant with respect to its operations prior to January 1, 1940: (1) any person who on or after such date, has acquired or acquires that participant or substantially all its assets; and (2) any other entity which was the operator of such participant or the owner of its assets on or after such date. Makes a participant liable for the total amount of its liability for contributions under this Act without regard to whether: (1) it is or has been a debtor in a bankruptcy case; or (2) any plan, discharge, or judgment is or has been confirmed, granted, or entered in such case. Treats the successor corporation or other business entity from a reorganization, merger, consolidation, or division of a participant, or the parent corporation into which a participant has been liquidated, as the participant to which Fund provisions apply. Makes the Fund responsible for payment of an annual fee to the Secretary in an amount determined by the Secretary to represent the Federal administrative costs of operations necessary to establish and maintain the compensation and benefit system established under this Act. Sets the maximum amount of such fees at an amount equal to: (1) ten percent of the annual aggregate of coverage for claims payments (to be used to cover program administration costs); and (2) one percent of such annual aggregate (to be used for the research program on surveillance and medical treatment of occupationally-related diseases established under this Act). Sets forth provisions relating to compensation payments, their frequency and duration, information concerning them, their suspension, and penalties for late payments. Sets forth provisions relating to representation fees in claim cases under this Act. Provides for determination and payment of such fees and witnesses expenses. Sets criminal penalties for receipt of such fees or other consideration or gratuities without approval of the Office, the Board, or the appropriate court. Prohibits discrimination by any participant or other employer, insurance carrier, or other person against any employee because of: (1) claims filed under this Act; (2) proceedings brought under or related to this Act, or suits brought for damages resulting from occupational exposure to a toxic substance; (3) disability caused by such exposure; (4) previous employment with a toxic substance market participant; or (5) exposure or possible exposure to a toxic substance. Sets forth civil penalties for such discrimination, procedures for review of alleged discrimination, and requirements for reinstatement with back pay and benefits. Prohibits any provider or insurer of health care coverage from excluding from coverage any worker or family member on the basis of that person's inclusion in a population at risk. Directs the Secretary of Health and Human Services (HHS), in coordination with the Secretary, to conduct research into improving the means of: (1) surveillance of workers exposed to occupational health hazards; and (2) medical treatment of workers exposed to occupational hazards. Sets forth requirements relating to such research. Provides that all such research be conducted with funds available under provisions for Fund payment of administratives fees under this Act. Authorizes the Secretary of HHS, in carrying out such research, to engage the services of experts and consultants. Establishes regulatory procedures by which workers suffering from occupational exposure to other toxic substances (besides asbestos) may be brought under coverage by this Act. Directs the Secretary to promulgate and revise, as may be appropriate and in accordance with specified procedures, regulations providing that this Act may provide compensation to such workers. Establishes the Risk Assessment Panel, within the National Institute for Occupational Safety and Health, to review medical and scientific studies and reports relating to occupational diseases and to recommend inclusion of such exposure as compensable under this Act in accordance with specified guidelines for such findings. Requires the Panel to undertake as its first priority the designation of populations exposed to agents or processes for which there already exists a permanent standard issued under specified provisions of the Occupational Safety and Health Act. Requires the Panel to consider, act, and transmit to the Secretary their findings on these agents and processes within one year. Sets forth deadlines for Panel reports to the Secretary, the Secretary's publication for comment of proposed regulations, Panel review, and the Secretary's publication of final regulations. Requires the Director of the Office of Workers' Compensation Programs to establish a separate task force within that Office for administering claims filed under this Act. Permits eventual integration of the work of such task force with the remainder of the Office under specified conditions. Sets forth standards for review of Office orders under this Act by the Benefits Review Board. Sets forth administrative provisions for the Fund. Grants the Secretary the authority to bring an action in the proper U.S. district court to enjoin violations of this Act or of any rule or regulation under this Act. Directs the Secretary and the Risk Assessment Board to devise and implement a Federal uniform recordkeeping system, including, where appropriate and useful, registries of populations and individuals exposed to toxic substances and processes. Requires annual reports by employers for purposes of such recordkeeping program. Requires the Secretary to implement, directly and by grants to employer and employee groups, education programs on the rights and obligations of employers and employees under this Act. Directs the Secretary to support an Educational Advisory Committee with equal representation by the Secretary, employers, and employees to define guidelines and policy for such an education program. Requires that such grant applications be peer reviewed based on the system in place at the National Institute of Health. Sets forth separability provisions.
United States · United States Congress · 26 July 1985
Revitalized American Industrial Steel Effort Act - Establishes the American Steel Corporation as a mixed-ownership Government corporation. Provides that the five-member board of directors of the Corporation shall be appointed by the President, by and with the advice and consent of the Senate. Requires that, of such five members: (1) two be representative of upper-level management of a profitable steel company and selected from a list recommended by the American Iron and Steel Institute; (2) one be representative of the financial community and selected from lists recommended by financial institutions, the financial community, and recognized financial leaders; and (3) two be representative of steel labor and selected from a list recommended by the United Steelworkers of America-AFL-CIO. Requires that each such list consist of at least three qualified individuals. Makes the Secretary of Labor or the Secretary's delegate an ex officio, non-voting member of the board. Sets forth provisions for board selection of a chairman, terms of office, meetings, compensation, and completion of organization. Directs the Corporation to purchase a qualified steel plant or plants on such terms and conditions as the board considers appropriate. Defines "qualified steel plant" as one that: (1) ceased to operate within the two-year period ending on the date of enactment of this Act; (2) was able to produce more than 3,000,000 tons of raw steel a year when fully operating; (3) was in a community which suffered economic upheaval because of the plant's closing; (4) was the predominant source of employment for the majority of individuals in the labor force living in that community; (5) is situated in a county where unemployed skilled steel workers are available for work, where the total labor force was between 90,000 and 100,000 persons in 1984, and where the unemployment rate was not less than 11 percent in 1984; (6) has specified types of and capacities in its ironmaking and steelmaking facilities; and (7) has the capability to produce a wide range of products, including specified types of products. Directs the Corporation to operate any steel plant by: (1) repairing or replacing its equipment and facilities; (2) phasing-in plant operation; (3) adopting and following management and operating practices that are likely to result in profits within a reasonable period of time; and (4) selling the plant back to the private sector when it has become reasonably profitable, but in no event later than ten years after the date of enactment of this Act. Requires the Corporation, for any steel plant it is operating, to produce: (1) high quality steel products; and (2) ensure fair competition domestically by selling all products at the prevailing market price. Requires the Corporation to first hire, for any plant it has purchased, steel workers who have been laid off from that plant in the order in which they were laid off, as long as any such worker is still living in the plant vicinity and qualified to do the available job. Requires the Corporation to pay each worker no less than the pay established and negotiated, as of the date of the enactment of this Act, by the United Steelworkers of America for that job. Requires the Corporation to provide the same or greater fringe benefits, seniority rights, and retirement benefits as the worker was entitled to or had accumulated before being laid off (except that no retirement payments may be made until six months after the plant begins operations). Directs the Corporation to establish a trust which forms part of an employee stock ownership plan. Requires such plan to: (1) be maintained by the Corporation; (2) satisfy specified requirements under the Internal Revenue Code; (3) benefit 90 percent or more of all employees of the Corporation, excluding those who have not satisfied minimum requirements for plan participation; (4) grant each participant a nonforfeitable right to accrued benefits; (5) provide for allocation of employer contributions in equal amounts to the accounts of all participants; and (6) provide that distributions from the trust are made in accordance with specified requirements under the Internal Revenue Code. Directs the Corporation to either continue or create an organization within the Corporation through which employees and management can participate jointly in solving problems of the Corporation, with the goal of improving efficiency, productivity, profitability, and employee morale. Provides that employees of the Corporation shall not be deemed to be Federal employees. Directs the Corporation to conduct research and development, either alone or jointly with private industry, to improve steel manufacturing technologies and types of products. Requires the Corporation to allow the private entity to share with the Corporation for a ten-year period the rights to any new discoveries made through the joint venture. Sets forth the powers of the Corporation. Sets forth provisions relating to the Corporation's principal office, designated agent, and officers. Requires the Corporation to report annually to the President and the Congress, and to make copies of the report available to interested persons at a reasonable cost. Directs the Secretary of Labor to submit to the board and the Congress, within six months after the date of the completion of the organization of the Corporation, a study of the long-term viability of the Corporation's involvement in the steel industry. Requires such study to assess: (1) the impact of likely trends and events on the steel industry and the Corporation; and (2) the adequacy of the industry's existing structure to make necessary technological and corporate adjustments. Directs the Secretary to submit to the Congress an annual comprehensive assessment of the state of the steel industry and its interaction with the economy. Requires the board to take the results of the six-month study and each annual assessment into account when examining and evaluating the Corporation's finances and operations. Adds the American Steel Corporation to a list in specified provisions of Federal law relating to the definition of mixed-ownership Government corporations. Exempts the Corporation from Federal, State, and local income taxes. Requires the Corporation's receipts and disbursements to be presented annually in the Budget of the U.S. Government, but not be included in the totals of the Budget. Authorizes appropriations to the Corporation for fiscal years beginning after September 30, 1985, in such amounts as may be necessary to carry out this Act.
United States · United States Congress · 26 July 1985
Amends the Internal Revenue Code to provide that the amount of a qualified artistic charitable contribution shall be the fair market value of the property contributed (determined at the time of such contribution). Defines "qualified artistic charitable contribution" as the contribution of any literary, music, artistic, or scholarly composition, any letter or memorandum, or similar property, but only if: (1) such property was created by the personal efforts of the taxpayer making such contribution no less than one year prior to such contribution; (2) there is a written appraisal of the fair market value of the property included with the tax return; and (3) the use of such property by the donee is related to the purpose or function constituting the basis for the donee's tax exemption. Limits the amount of the qualified artistic charitable contributions for any taxable year to the artistic adjusted gross income for the taxpayer for such taxable year. Defines "artistic adjusted gross income." Prohibits public officials from taking a deduction for donation of their papers if the papers were produced while the officials were officers or employees of the United States or any State, or if the papers were created out of the performance of any duties as officers or employees of the government. Provides that alternative tax itemized deductions shall be determined without regard to the deduction for qualified artistic charitable contributions.
United States · United States Congress · 26 July 1985
Expresses the sense of the House of Representatives that the President should instruct the U.S. Ambassador to the United Nations to vote in favor of a French and Danish resolution calling for the imposition of voluntary sanctions against South Africa, the lifting of the state of emergency there, and the release of its political prisoners.
United States · United States Congress · 25 July 1985
Toxic Substances Health Effects Act of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to direct the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to list the 100 hazardous substances which pose the most significant threat to human health or are most frequently found at facilities on the National Priority List (NPL) under the National Contingency Plan (NCP). Requires, for five years, the annual addition of at least 25 other hazardous substances. Directs the Administrator to prepare toxicological profiles for each substance listed which evaluate the information available and the need for additional research on a priority, 25 annual minimum basis. Requires the adequate staffing of the ATSDR to prepare such profiles. Permits an individual to petition the Administrator for a preliminary assessment of the environmental and public health hazards associated with the release of a particular substance. Requires the Administrator of the ATSDR to notify the Administrator of the Environmental Protection Agency (EPA) if a substance's release may be dangerous so that such substance may be ranked. Directs the Administrator of ATSDR to conduct a health effects study on a hazardous substance where a preliminary assessment indicates its release may pose a threat to human health or upon petition by exposed individuals. Requires such study to be completed within nine months of the petition or assessment.
United States · United States Congress · 25 July 1985
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to require the Administrator of the Environmental Protection Agency to grant priority to cleaning up sites where the release of hazardous substances has resulted in the closing of a drinking water well or has contaminated a sole or principal drinking water source.
United States · United States Congress · 25 July 1985
Judicial Survivors' Annuities Amendments Act - Amends the Judicial Code to increase the amount that a judicial official has withheld from his or her salary for purposes of the Judicial Survivors' Annuities Fund. Requires funding in amounts necessary to reduce to zero the unfunded liability of such fund. Increases the amount of the annuity received by a surviving widow or widower with children. Increases the amount of the annuity received by the surviving children of a judicial official leaving no widow or widower. Revises the formula used to determine the amount of the annuity given a widow or widower of a judicial official. Makes survivors of the Deputy Director of the Administrative Office of the United States Courts eligible for annuities under such Act. Makes the benefits conferred by this Act available to any eligible individual. Permits a judicial officer who has participated in the present annuity program to withdraw, in writing, according to specified procedures. Allows such officer, if eligible, to subsequently join the judicial survivors' annuities program created by this Act.
United States · United States Congress · 25 July 1985
Medical Offer and Recovery Act - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to provide for an alternative liability system for medical malpractice. Prohibits an individual from bringing a civil action against a participating health care provider for a disease or injury arising from health care services provided pursuant to Medicare, Medicaid (title XIX of the Social Security Act), an armed forces' or veterans' health plan, the Federal employees' health benefits program, or any other participating health benefits plan, if such provider provides the individual with a timely written tender to pay compensation benefits in accordance with this Act. Allows the individual to serve the provider with a written request for arbitration if such provider fails to provide the individual with a written tender in a timely manner. States that this Act does not foreclose civil actions for intentionally caused injuries. Permits a health care provider to join an entity which is potentially liable for the injury. Provides that any disagreement between such entities regarding their share of costs shall be submitted to binding arbitration and such share shall be based on comparative fault. Sets forth provisions regarding the subrogation of parties. States that the amount of compensation benefits payable for a personal injury shall be equal to the net economic loss resulting from such injury, plus attorney's fees. Defines "net economic loss." Requires compensation benefits to be paid within 30 days after reasonable proof of the fact and amount of economic loss has been submitted to the initiating compensation obligor. Provides that if reasonable proof is supplied for only a portion of the net economic loss, and that portion totals $100 or more, the compensation for such portion shall be paid without regard to the remainder of the loss. Sets a five year statute of limitations for claims under this Act. Requires a compensation obligor who rejects a claim for compensation benefits to give the claimant prompt notice of the rejection and the reasons therefor. Requires the disclosure of specified information, including: (1) the earnings of the injured individual; and (2) a copy of every written report concerning any medical treatment or examination of the injured individual in regard to the injury in question. Allows the injured individual or compensation obligor to petition a court for an order for discovery, including the right to oral or written depositions. Allows the compensation obligor to petition a court for an order directing the individual to submit to a mental or physical examination by a physician. Allows the injured individual or compensation obligor to apply to a court for a declaration as to the amount of compensation benefits owed. Permits an obligation to pay compensation benefits to be discharged by a settlement or lump sum payment if the net economic loss is less than $5,000. Allows a settlement or lump sum payment where the net economic loss exceeds $5,000 if a court determines that such a settlement is fair to the injured individual. Permits a court to enter a judgment declaring the compensation obligor liable for forseeable future treatment. Permits an agreement or judgment to be modified upon a finding that a material and substantial change of circumstances has occurred. Requires a health care provider to participate in an assigned claims plan meeting the requirements of this Act in order to participate in the alternative liability program described in this Act. Permits entities within a State to organize and maintain an assigned claims plan. Provides that where such a plan is not established within a State, the Secretary of Health and Human Services shall establish and maintain such a plan for that State. Provides that an injured individual entitled to compensation benefits may obtain such benefits through the assigned claims plan if the initiating compensation obligor is financially unable to fulfill its obligation. Directs the assigned claims plan to assign such claim to another member of the plan. Allows such assignee to seek payment from the initiating compensation obligor of 120 percent of the costs and expenses incurred in fulfilling such obligation. Requires participating health care providers to submit written reports to appropriate health care licensing boards where the provider: (1) takes actions which adversely affects the clinical privileges of a health care professional; or (2) terminates or fails to renew a contract with a health care professional. States that such reports shall not be subject to discovery, except upon the request of the health care professional against whom the adverse action is taken. Precludes liability for damages for any entity transmitting such reports unless the information transmitted is false and the entity knows such information is false and acts with malice. Requires physicians participating in the alternative liability program to obtain malpractice insurance. Provides that the preceding provisions of this Act shall not apply to any personal injury occurring: (1) before January 1, 1988; or (2) in a State which has in effect an alternative medical liability law which meets specified requirements.
![Official portrait of Rep. Crockett, George W., Jr. [D-MI-13]](https://www.congress.gov/img/member/c000919_200.jpg)