United States · United States Congress · 26 June 1985
Amends the Tariff Act of 1930 to require that tariffs levied on the imports of textile machinery shall be allocated to a Textile Machinery Modernization Fund to finance research projects for the modernization of the U.S. textile machinery industry.
United States · United States Congress · 21 June 1985
School Excellence and Reform Act - Authorizes appropriations for FY 1987 through 1991 to make payments for programs of: (1) general improvement and excellence in education; and (2) reform and equity in education. Sets forth (after reserving specified amounts for certain U.S. territories and possessions) formulas for State and local allocation of payments for general improvement and excellence in education. Provides, under such local allocation formula, for certain increases in the amount of such payments on the basis of numbers of children eligible to be counted for purposes of special needs funding under specified provisions of subpart 1 (Basic Grants), part A (Programs Operated by Local Educational Agencies) of title I (Financial Assistance to Meet Special Educational Needs of Children) of the Elementary and Secondary Education Act of 1965 (ESEA). Sets forth (after reserving specified amounts for payments to certain U.S. territories and possessions) formulas for State and local allocation for reform and equity in education. Provides, under such State allocation formula, for certain increases in payments based on numbers of children eligible to be counted under the aforementioned ESEA provisions for special educational needs funding. Authorizes the State educational agency to establish the relative weights of factors under such local allocation formula, but requires that such formula be composed of only the following factors: (1) the number of children aged five to 17, inclusive, who are eligible to be counted under the aforementioned ESEA provisions for special educational needs funding; (2) the graduation rate; (3) the absentee rate; and (4) the number of low-achieving students. Permits those general improvement and excellence funds which are allocated to local educational agencies to be used for: (1) pursuit of general educational excellence and improvement of instruction in mathematics, the sciences, communications skills, foreign languages, and technology; and (2) where necessary, for guidance and counseling. Permits those reform and equity funds which are retained by a State under specified provisions of this Act to be used to administer and carry out categorical programs and projects. Permits those reform and equity funds which are allocated to local educational agencies (LEAs) to be used for the development, expansion, or improvement of any of the following categorical programs and projects: (1) early childhood education; (2) school day care; (3) in-service teacher training; (4) dropout prevention; (5) effective schools; and (6) improvement of secondary schools basic skills instruction. Requires State applications for allocations of general improvement and excellence payments and reform and equity payments for any fiscal year under this Act to: (1) meet specified requirements under the General Education Provisions Act; and (2) in the case of reform and equity payment allocations, describe the intended use of funds to be retained by the State to enhance State reform efforts. Allows a local educational agency, in any fiscal year, to submit a single application for an allocation of general improvement and excellence funds or an allocation of reform and equity funds, or both. Permits two or more local educational agencies that propose to conduct joint programs and projects from funds for general improvement and excellence to file such application as a consortium or other combination. Prohibits a local educational agency from applying for an allocation of reform and equity funds unless the total number of children age five to 17, inclusive, in the schools of such agency who are eligible to be counted under the aforementioned ESEA provisions for special educational needs funding exceeds the lesser of 5,000 or 20 percent of the total enrollment of such schools. Requires local educational agencies, in order to receive either general improvement and excellence or reform and equity allocations, to have on file with the State educational agency an application which includes description of the programs and projects to be funded and a plan for the improvement of the selected educational areas covered by such programs and projects. Requires such local educational agency or consortium applications, or application renewals, to also contain assurances that: (1) the programs and projects are designed and implemented in consultation with the parents and classroom teachers of the children to be served; (2) the funds received under this Act will supplement and not supplant non-Federal funding; and (3) the local educational agency will comply with specified maintenance of effort requirements which the State educational agency must enforce. Requires each local educational agency receiving an allocation under this Act for any fiscal year to submit to the State educational agency evidence of progress in particular areas for which funds were expended or evidence of general improvement in the educational system, such as: (1) reductions in, or maintenance of acceptable levels of, absenteeism, discipline problems, and dropouts at the secondary level; (2) more instructional time; and (3) smaller class size. Authorizes the State educational agency, at the State's discretion, to conduct audits on a sampling basis to verify the accuracy of such submissions. Terminates a local educational agency's eligibility to obtain an allocation under this Act for more than three fiscal years, unless the evidence submitted demonstrates progress as verified by the State. Authorizes the Secretary, from specified amounts reserved from reform and equity funds, to make business involvement matching grants to local educational agencies. Sets the maximum amount of any such grant at 50 percent of the fair market value of any donation by local business concerns to the local educational agency for the conduct of programs and projects under this Act. Allows such donations to be in cash or in kind, and to consist of equipment, the services of business personnel, or training provided to the local educational agency.
United States · United States Congress · 20 June 1985
University Research Facilities Revitalization Act of 1985 - Requires each of the major Federal research and development agencies to establish and carry out a new university research laboratory modernization program, under which an amount equal to a specified portion of the funds available to the agency involved for research and development awards to institutions of higher education will be reserved for the replacement or modernization of such institutions' obsolete laboratories and other research facilities. Requires that funds under such program be awarded in response to specific proposals submitted by universities and colleges, in accordance with regulations prescribed by the head of the agency involved. Requires that such regulations provide that funds to carry out the program be awarded on a competitive basis and in an amount not exceeding 50 percent of the cost of the replacement or modernization involved. Sets forth required criteria for the award of such funds. Defines the "major Federal research and development agencies" as: (1) the National Science Foundation; (2) the Department of Health and Human Services; (3) the Department of Defense; (4) the Department of Energy; (5) the National Aeronautics and Space Administration; and (6) the Department of Agriculture. Title I: Identification and Assessment of University and College Research Facility Needs; Funding for the University Research Laboratory Modernization Program in the National Science Foundation - Authorizes the National Science Foundation (NSF) to design, establish, and maintain a data collection and analysis capability to identify and assess the research facilities needs of universities and colleges. Directs NSF, in conjunction with other appropriate Federal agencies, to: (1) conduct biennial surveys for such identification and assessment purposes; and (2) report the results to the Congress, with the first such report to be due on September 1, 1986. Directs the NSF, when conducting such surveys and reporting to the Congress, to also collect and assess data on the implementation of the university research laboratory modernization programs being carried out under this Act. Sets forth provisions for the funding for the university research laboratory modernization program in NSF. (Note: The following provisions are similar to those for such program funding in the other "major Federal research and development agencies" which are set forth in titles II, III, IV, V, and VI of this Act.) Authorizes appropriations for FY 1987 to NSF to implement and carry out the new university research laboratory modernization program. Requires that a specified minimum amount (equal to a portion, as determined by certain formulas, of the total amount which is appropriated to NSF for FY 1988 through 1996 and which is available for obligation by NSF for research and development awards to universities and colleges) be reserved for purposes of this Act and used only to carry out NSF's university research modernization program. Permits such funds to be used for such program either as a part of awards made to universities and colleges involved for activities carried out under the authority of other laws or through separate awards made for purposes of this Act. Requires that such funds be used only on the basis of proposals submitted by such universities and colleges. Requires that a specified minimum portion of such funds be available only for awards to universities and colleges that received less than $10,000,000 in total Federal obligations for research and development in each of the two preceding years. Title II: Funding for the University Research Laboratory Modernization Program in the Department of Health and Human Services - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Health and Human Services. (Note: These provisions are similar to the program funding provisions under title I.) Title III: Funding for the University Research Laboratory Modernization Program in the Department of Defense - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Defense. (Note: These provisions are similar to the program funding provisions under title I.) Title IV: Funding for the University Research Laboratory Modernization Program in the Department of Energy - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Energy. (Note: These provisions are similar to the program funding provisions under title I.) Title V: Funding for the University Research Laboratory Modernization Program in the National Aeronautics and Space Administration - Sets forth provisions for the funding for the university research laboratory modernization program in the National Aeronautics and Space Administration. (Note: these provisions are similar to the program funding provisions under title I.) Title VI; Funding for the University Research Laboratory Modernization Program in the Department of Agriculture - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Agriculture. (Note: these provisions are similar to the program funding provision under title I.)
United States · United States Congress · 13 June 1985
Performing Arts Labor Relations Amendments - Amends the National Labor Relations Act to exclude specified types of employers and performers in the performing arts from coverage under unfair labor practice provisions prohibiting specified contracts or agreements between employers and labor organizations and prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative. Permits such employers, excluding employers in the broadcasting or motion picture industries, to: (1) agree with a labor organization to make membership in such organization a condition of performing arts employment; and (2) make agreements with a labor organization covering performing artists even if the majority status of the organization has not yet been established. Defines "employer" to include purchasers of musical performance services. Defines "employee" to include independent contractors engaged to perform musical services.
United States · United States Congress · 6 June 1985
Plan Termination and Reversion Control Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) to revise provisions relating to terminations of single-employer plans and reversions to employers resulting from such terminations. Prohibits mergers and consolidations of pension plans and transfers of plan assets or liabilities if any act or failure to act in accomplishing the merger, consolidation, or transfer violates the fiduciary duty of the employer under specified provisions (which provide that the assets of a plan shall never inure to the benefit of any employer and shall be held for the exclusive purposes of providing benefits to plan participants and their beneficiaries and defraying reasonable administrative expenses of the plan). Sets forth provisions for fiduciary responsibility: (1) for meeting specified requirements relating to distribution of residual assets upon termination of a single-employer plan; and (2) in connection with related plans following single-employer plan terminations. Makes it unlawful for any individual who is a party in interest, as described under specified provisions, in connection with a single-employer plan to exert undue influence on or cause a material misrepresentation to a plan fiduciary, with the intent to initiate or facilitate a plan termination in order to entrench or otherwise protect the status of such individual. Authorizes the Pension Benefit Guaranty Corporation (the Corporation) to assess a civil penalty against any person who commits such a violation. Limits the maximum amount of such penalty to five percent of the amount of any distribution from the plan to the employer pursuant to specified provisions. Makes such person also personally liable to make good to any aggrieved participant or beneficiary their losses resulting from such violation. Makes liability for any such violation joint and several. Authorizes the Corporation to seek: (1) injunctions against any act or practice constituting such a violation; or (2) other appropriate equitable relief to redress such violations or to enforce such requirements. Places limitations on distributions of residual assets to employers after single-employer plan terminations. Provides that those residual assets of the plan which are attributable to employee contributions shall be equitably distributed to the employees who made such contributions (or their beneficiaries) in accordance with their rate of contributions, in a specified manner. Provides that the remaining residual assets be available for distribution as follows: (1) 50 percent to participants and beneficiaries as compensation for unpaid constructive cost-of-living increases; and (2) 50 percent to participants who are within five years of normal retirement age under the plan. Provides for adjustments to the amounts of residual assets distributable to participants and beneficiaries through: (1) proration of available assets; (2) reallocation of excess available assets; and (3) adjustment to ensure equitable distribution. Provides that, only after all of the above requirements for distribution of residual assets to participants and beneficiaries have been met, any remaining residual assets shall be distributed to the employer if: (1) such distribution does not contravene any applicable Federal or State law; and (2) the plan has, since its establishment, provided explicitly for such a distribution in these circumstances. Gives plans in effect on the date of enactment of this Act 60 days after such date to contain such an explicit provision. Requires such plans to notify in writing each employee or retiree who qualifies as an interested party of the proposed plan amendment incorporating such provision at least 30 days before its adoption. Sets forth a special rule for distributions to employers in cases of transfers of coverage to other plans. Requires that any other residual assets of the plan, which remain after the above requirements for distribution to participants and beneficiaries are met and which are not distributable to employers because of the above requirements, be distributed to participants and beneficiaries in a specified manner. Directs the Corporation to issue regulations for such distributions of residual assets, including provision of consideration of administrative costs to the plan. Authorizes the Corporation to waive any such requirements, individually or by class, upon its determination that such administrative costs reader the distribution impracticable. Provides for increased availability to employers of residual assets upon certification of business necessity. Provides that a plan termination is a business necessity if it meets the requirements of: (1) a special rule for certain terminations incident to the sale of a business for fair value to an unrelated party; or (2) certain distress requirements. Provides that such distress requirements are met if the plan termination meets the conditions set forth in at least one of the following categories: (1) recent funding waivers; (2) liquidation in bankruptcy proceedings; (3) inability to pay debts and continue in business; and (4) unreasonably burdensome pension costs caused by a declining workforce (but not in the case of substantial layoffs). Precludes a business necessity determination: (1) where the primary purpose is to finance corporate take-overs; or (2) in the case of recently established plans, i.e. plans which have not completed five years. Revises ERISA provisions relating to the termination of single-employer plans to require 60 days' advance written notice to the plan participants and their beneficiaries before the plan administrator files a notice with the Corporation that the plan is to be terminated on a proposed date. Revises IRC provisions relating to plan qualification to set forth a five-year disqualification rule for replacement plans where plan termination is not a business necessity. Makes exceptions to such rule for derivative or successor plans which meet certain conditions. Places various limitations on the availability, after various types of employer reversions (i.e. employer acceptance of residual assets of a terminated plan pursuant to various requirements of this Act), of: (1) funding waivers for replacement plans; and (2) extensions of amortization periods for comparable plans. Requires faster funding for replacement plans after employer reversions. Provides that an alternative minimum funding standard is not available while such plans are subject to such faster funding requirement. Revises IRC provisions (relating to excise taxes in connection with qualified pension, etc., plans) to add an excise tax on reversions to employers upon termination of single-employer plans. Requires the employer to pay such tax in the amount of ten percent of the fair market value of the residual assets so distributed to the employer. Revises ERISA requirements relating to employer securities acquired or held by plans. Provides that, by specified dates and under certain conditions, a plan may not hold: (1) any employer security which is not qualifying employer stock; or (2) any qualifying employer stock to the extent that the aggregate fair market value of employer securities held by the plan exceeds five percent (currently ten percent) of the plan's assets. Provides for regulations requiring plans to divest themselves of 50 percent of their holdings of employer securities and employer real property by a specified deadline (in order to comply with the five percent limitation). Defines "qualifying employer stock" as an employer security which: (1) is stock in the employer; (2) does not constitute, and is not acquired subject to, any bond, debenture, note, or certificate or other evidence of indebtedness; and (3) is not subject to any restriction on marketability or voting power applicable by reason of its acquisition by a plan. Directs the Joint Board for the Enrollment of Actuaries to conduct a study of the reasonable actuarial assumptions and methods, for each of the various types of pension plans, which are appropriate for use by enrolled actuaries and others under ERISA and IRC in determining the actuarial status and funding requirements of such plans. Requires the Joint Board, within two years after enactment of this Act, to: (1) complete such study and report, with recommendations, to specified congressional committees; and (2) prescribe by regulation appropriate procedures for determining, for each type of plan, such appropriate actuarial assumptions and methods; and (3) determine such actuarial assumptions and methods for each type of pension plan in accordance with such procedures and publish such assumptions and methods in the Federal Register. Authorizes the Joint Board to: (1) revise by regulation the prescribed procedures; and (2) publish revised reasonable actuarial assumptions and methods for each type of plan. Requires the termination of enrollment of enrolled actuaries if they fail to use such prescribed assumptions and methods. Set forth requirements relating to the voting rights of participants in employee stock ownership plans (ESOPs) to which assets are transferred upon plan termination, under IRC tax qualification requirements and under ERISA transaction rules applicable irrespective of tax qualification status. Allows such transfer of assets only if: (1) the transfer is approved in advance in writing by a majority of the participants in the terminated plan; (2) the assets allocated to each participant are immediately deposited to an account under the ESOP for such participant; and (3) the voting ratio under the ESOP of each participant is not less than the participant's asset ratio under the plan. Makes the amendments made by this Act applicable (except as otherwise provided in this Act) to pension plan terminations with respect to which notices are filed with the Corporation, pursuant to specified ERISA provisions, on or after January 1, 1984. Treats any such notice filed before the date of the enactment of this Act as filed on such date for purposes of specified amendments made by this Act.
United States · United States Congress · 6 June 1985
Antitrust Damages Clarification Act of 1985 - Provides that no damages, costs, or attorney's fees shall be awarded under an antitrust suit with respect to the establishment or use of any rate, charge, or premium filed with a State insurance department or authorized, approved, or permitted to become effective pursuant to State insurance laws. Applies this Act to pending cases.
United States · United States Congress · 5 June 1985
Designates the period of October 1, 1985, through September 30, 1986, as the time to reflect on the achievements of the Peace Corps during its 25 years and on ways such programs might be used in the future. Authorizes and requests the President to proclaim this period as a time to honor Peace Corps volunteers and reaffirm the Nation's commitment to such programs.
United States · United States Congress · 4 June 1985
Improved Standards for Laboratory Animals Act - Amends the Animal Welfare Act to revise the humane standards for animals transported in commerce. Requires the Secretary of Agriculture to promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and exhibitors. Requires each research facility to establish an institutional animal study committee with sufficient expertise to assess the appropriateness of animal care and treatment in experimental research. Requires the committee at each facility to: (1) inspect at least semiannually all animal study areas and animal areas and animal facilities at the research facility; (2) file an inspection certification report of each inspection at the research facility; (3) notify the administrative representative of the research facility of any deficiencies; and (4) notify the Animal and Plant Health Inspection Service and the funding Federal agency if such deficiencies remain uncorrected. Requires each research facility to provide for annual training in the humane treatment of animals for scientists, animal technicians, and other personnel involved with animal care and treatment in such facility. Directs the Secretary to establish an information service at the National Agricultural library to provide information on improved methods of animal experimentation, including: (1) employee training; (2) preventing unnecessary duplication of animal experimentation; (3) reducing or replacing animal use; and (4) minimizing pain and distress. Requires funding Federal agencies to revoke Federal support for a project if it is determined that conditions of animal care, treatment, or practice in a particular project have not been in compliance with standards promulgated under this Act. Requires the Secretary to inspect each research facility at least once each year. Requires such follow-up inspections as may be necessary until all deficiencies which may be found are corrected. Imposes penalties for the release of any confidential information or trade secrets by any member of an institutional animal committee. Increases penalties for violations of the Animal Welfare Act.
United States · United States Congress · 4 June 1985
Designates August 14, 1985, as Social Security Day and the week of August 11 through August 17, 1985, as Social Security Week. Authorizes and requests the President to commemorate August 14, 1985, as the 50th anniversary of the Social Security Act.
United States · United States Congress · 23 May 1985
Amends the Trade Act of 1974 to prohibit giving nonmarket economy countries nondiscriminatory treatment (most-favored-nation treatment), to prohibit such countries from participating in certain U.S. credit and investment guaranty programs, and to prohibit the President from concluding any commercial agreement with such countries if such countries discriminate or permit discrimination because of religious, ethnic, or cultural orientation.
United States · United States Congress · 22 May 1985
Authorizes the President, on behalf of the Congress, to present gold medals to Jan Scruggs, Robert Doubek, and Jack Wheeler, in recognition of their tireless efforts to give the Vietnam Veterans Memorial to the Nation. Directs the Secretary of the Treasury to sell bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 22 May 1985
Korean War Veterans Memorial Act of 1985 - Authorizes the American Battle Monuments Commission to erect a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. armed forces who served in the Korean war. Subjects the selected site, design, and plans for the construction of such memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission. Directs that, upon its completion, the memorial shall be turned over to the Department of the Interior which shall then be solely responsible for its maintenance. Authorizes appropriations.
United States · United States Congress · 21 May 1985
Superfund Expansion and Protection Act of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to include among hazardous substances subject to such Act any petroleum released from an underground storage tank. Includes pollutants and contaminants under Superfund, defining them as any substance which after release into the environment causes disease or abnormalities upon exposure or assimilation, either directly or through the food chain. Excludes petroleum and natural gas except as otherwise indicated under CERCLA. Redefines "release" to include the abandonment of containers containing hazardous substances or pollutants, or contaminants. Includes within remedial action the offsite transport and treatment and storage of hazardous substances and associated contaminated materials. Includes within removal costs the costs of permanent relocation of residents, business debt installments during the evacuation period, and assistance for lost wages. Directs the Administrator of the Environmental Protection Agency (EPA) to establish reportable quantities for all hazardous substances within six months of this Act's enactment. Requires the Administrator to conduct periodic audits of reported releases and report to the Congress at least annually on such audits. Directs the Administrator to give primary attention to those releases which may present a public health threat. Permits the Administrator to authorize cleanup by the responsible party if the Administrator determines it will be done properly. Prohibits the Administrator from providing removal or remedial actions for releases or threatened releases which are the product of naturally occurring processes, are in a facility of which such substance forms a structural part, or are the result of ordinary use deterioration in a drinking water system. Permits the Administrator to respond despite such prohibition if a public health or environmental emergency exists and no other authority can respond in a timely and competent fashion. Requires removal actions undertaken by the Administrator to contribute to any long-term remedial action necessary for a release or potential release. Requires the Administrator to assess the health effects associated with such release. Exempts response action contractors from liability for any damages caused by a release in the absence of negligence. Limits the 50 percent State cleanup obligation to those facilities which are both owned and operated by the State. Credits States with expenditures made at National Priorities List (NPL) sites on cost-eligible response actions. Revises other State cost-sharing measures. Requires the Administrator to select appropriate cost-effective remedial actions in accordance with the National Contingency Plan, (NCP). Requires remedial actions selected to provide permanent solutions when feasible. Requires the Administrator to provide interim measures which protect human and environmental health until a permanent solution becomes feasible. Requires these Interim Category sites on the NPL to be reviewed at five-year intervals for removal to the NPL when a feasible, permanent solution is possible. Requires a standard of control at least as strict as that provided by any other applicable Federal environmental law such as the Clean Water Act. Requires onsite disposal to be in compliance with the relevant provisions of the Solid Waste Disposal Act. Requires offsite disposal to be made only at facilities in compliance with such Act. Permits the waiver of such requirements as specified. Grants EPA employees or contractors the necessary access to facilities and information to determine if the need for a response action exists. Requires the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to develop toxicological profiles for at least 100 hazardous substances, assessing the current state of knowledge of their deleterious effects. Sets forth a schedule for developing such profiles, funding the process out of Superfund monies. Prescribes a cleanup schedule for Superfund, requiring an evaluation by January 1, 1987, of sites on the Emergency Response and Remedial Investigation System (ERRIS) list for possible inclusion on the NPL. Sets a schedule for the conduct of remedial investigations and feasibility studies (RIFS) for NPL sites, requiring the commencement of remedial action at a rate of not fewer than 150 facilities per year. Requires completion of remedial action within five years of this Act's enactment, requiring published explanations of noncompletions. Directs the Administrator to revise the National Contingency Plan (NCP) within 18 months to reflect this Act's amendments. Authorizes individuals to petition the Administrator for a preliminary assessment of a hazardous substance release. Includes human food chain damage and contamination of the ambient air as factors in the hazard ranking system. Eliminates the requirement that the NPL contain at least 400 sites. Permits a State to designate its highest priority facility on the NPL only once. Directs the Administrator to revise abatement action provisions to comply with this Act. States that there is no judicial review of abatement action orders other than orders enforcing such orders or recovery of penalties and punitive damages. Prohibits the subsequent storage of a hazardous waste at a solid Waste Disposal Act site if such waste has leaked sufficiently to require an abatement action and a certain density of population has been or may be affected. Makes certain investigatory and assessment costs recoverable from the responsible party. Exempts from liability for all but negligent actions of government agencies responding to a hazardous substance emergency. Prohibits the Attorney General from representing any Federal agency other than EPA who may be a defendant in a civil environmental action brought by EPA. Presumes the validity of federally- or State-run lab tests. Permits apportionment of damages among parties. Makes liability for abatement actions strict, joint, and several. Permits defendants to bring contribution actions against other, potential defendants. Makes a party to a judically-approved settlement not liable for claims for contribution. States that cleanup costs incurred in a response action constitute a Federal lien against the property of a responsible party. Sets forth evidentiary requirements for establishing financial responsibility. Permits direct action against a financial guarantor if the person liable is financially or physically unavailable for redress. Entitles such a guarantor to all rights and defenses available to the liable party. Limits the liability of such guarantor to its financial responsibility to the responsible party. Authorizes appropriations to the Hazardous Substance Superfund of not more than $2,020,000,000 for each of FY 1986 through 1990. Authorizes $250,000,000 out of general revenues. Prohibits the use of Superfund monies to satisfy claims for natural resources damage. Requires the Inspector General to audit annually the use of Superfund monies. Requires claims for response costs to first be made to the responsible parties or financial guarantor. Sets forth procedures for claim payment. Establishes a three-year statute of limitations for the initiation of actions for contribution for recovery claims for damages to natural resources. Establishes a six-year statute of limitations for cost recovery actions setting forth special rules for minors and incompetents. Requires the promulgation of natural resource assessment damage claims regulations within six months of this Act's enactment. Authorizes nationwide service of process under CERCLA. Authorizes a State to require contributions to a fund to pay the costs of hazardous substance response actions or damages. Requires the Administrator of EPA to provide a reasonable opportunity for public comment on any proposed plan for remedial action before it is implemented. Requires the Administrator to publish an explanation of any divergences from such plan or public comments. Authorizes the Administrator to make assistance available to affected individuals to help them evaluate and assess technical information and data. Authorizes individuals to petition the Administrator of EPA for a health assessment of a site where evidence of human exposure to hazardous substances exists. Requires the Administrator to either initiate a health effects study or publish an explanation of a determined lack of significant risk. Requires the Administrator to provide alternative household water, relocate individuals, or take such measures as may be necessary to eliminate the risk. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored for one year or more. Holds responsible parties strictly, jointly, and severally liable in State court actions for personal damages caused by exposure to any hazardous substance release. Establishes a three-year statute-of-limitations for such actions, setting forth special rules for minor and incompetents. Title II: Miscellaneous Provisions - Authorizes citizen suits against violators of this Act, including the Administrator and other government officials who have failed to perform nondiscretionary duties. Permits citizen suits against nongovernment officials in the Federal district court in which the violation occurred. Permits citizen suits against any Federal official only in U.S. District Court for the District of Columbia. Empowers such courts to impose civil penalties and to order the performance of required acts. Requires plaintiffs to give notice to the Administrator, the alleged violator, and the State in which the violation occurred before commencing proceedings. Prohibits citizen suits where the Administrator has commenced and is pursuing an enforcement action. Permits the awarding of court costs to the substantially prevailing party. States that the United States may intervene as a matter of right in all citizen suits to which it is not otherwise a party. Requires the Administrator to commence a study on the adverse effects of drilling fluids, produced waters, and other wastes associated with the production of crude oil or natural gas on human health and the environment within six months of this Act's enactment. Requires the Department of Transportation to promulgate regulations requiring shippers to notify transporters whenever hazardous substances are offered for transport. Increases criminal penalties and adds certain civil penalties for violations of this Act, including failure to provide accurate information at specified times. Requires the Federal Government to provide assurances that it will pay a share of the remedial action and maintenance costs of a cleanup on Indian lands that is otherwise required to be made by a State. Authorizes Indian tribes to recover damages for injury to natural resources from hazardous substance releases, except as specified. Includes Indian tribes on the same basis as States under certain provisions of CERCLA. Terminates the Post-closure Liability Trust Fund's responsibility to fund the cleanup of already closed sites where hazardous waste was stored in compliance with the Solid Waste Disposal Act. Title III: Community Right to Know and Emergency Planning - Amends the Toxic Substances Control Act by adding a new title II concerning the communities' right-to-know, emergency planning, and liability. Requires each covered manufacturer, distributor, user, and importer of a sheet for such substance for distribution to local police, fire, and health officials. Requires the fact sheet to include the name, physical properties of, and hazards posed by the substance, including potential routes of human exposure to such substance, symptoms of such exposure, and appropriate emergency and first aid procedures. Requires status sheets on the same basis as fact sheets, with each status sheet to include the maximum inventory and method of storage of the substance, the quantity of its emission into the environment, and the quantity and method of disposal. Requires the releasor of a covered hazardous substance in an emergency situation to provide an emergency bulletin to the State and local police and other local officials. Requires the bulletin to identify the name and amount of the substance released and the response actions taken. Requires fact and status sheets and emergency bulletins to be made available for public inspection with public notice of such availability at the facility of the potential releasor. Requires the Administrator to publish a uniform format for fact and status sheets. Authorizes a State's Governor to identify local officials to receive covered hazardous substance release information, with the Administrator doing so in the absence of the Governor's identification. Requires the potential releasors to maintain records of information required by this Act. Requires manufacturers or importers to transmit fact sheets to covered distributors or users upon shipping of a covered hazardous substance. Provides protection for trade secrets while continuing to make necessary information available to the appropriate persons. Excludes listed or possible carcinogens from such protection. Sets forth application and substantiation procedures for trade secret claims. Permits affected citizens or government officials to compel disclosure of nonsubstantiated trade secrets through the Federal courts. Authorizes the Administrator to grant exemptions from the basic notification requirements of this Act through specified procedures open to the public based upon a cost-benefits analysis where there is no reasonable likelihood of harm. Directs each covered major manufacturer to develop within two years of the enactment of this Act a comprehensive evacuation and emergency response plan which addresses the health and safety issues applicable to such manufacturer's particular situation. Requires the plan to include designations of the appropriate government officials to be notified, mitigation measures, evacuation routes, notification plans, and evaluation of community support services. Authorizes each Governor to designate emergency response districts within 18 months of the enactment of this Act or the Administrator will do so. Permits each Governor to appoint an Emergency Response Committee per district or the Administrator will be treated as such Committee. Requires such Committees to review the manufacturers' plans, revising them where necessary. Directs the Administrator within 18 months of the enactment of this Act to develop uniform national mandatory labeling requirements for pipes, storage tanks, or containers not otherwise required to be labeled which could reasonably be presumed to release a covered hazardous substance. Requires the label to indicate the appropriate response to a release. Directs the Administrator to designate covered major manufacturers for emergency response purposes within one year of the enactment of this Act. Limits the designation to those whose substances would pose an imminent and substantial danger to health and the environment if released in significant quantities. Includes all persons covered under this Act in lieu of such designations. Includes Federal departments as potentially covered major manufacturers. Exempts those whose emergency activities are sufficiently covered under other Federal or State law. Sets forth categories of substances to be considered covered hazardous substances and procedures for adding additional substances. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to compile and update a digest of all such substances. Exempts certain substances for this Act's purposes, based upon the form, amount, and other regulation of such substances. Establishes civil and criminal penalties, limiting criminal penalties to the knowing violation of emergency requirements. Authorizes citizens' suits to enforce this Act. Permits States to adopt more stringent right-to-know standards in the workplace context and emergency response requirements. Permits State and local governments to impose fees upon potential releasors to cover administrative costs. Title IV: Internal Revenue Code Provisions - Imposes taxes of $1,077,000,000 for each of FY 1986 through 1990 for deposit in the Hazardous Substance Response Trust Fund.
United States · United States Congress · 14 May 1985
Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage for anesthesia services and related care provided by a registered nurse anesthetist.
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
Authorizes the Secretary of the Air Force to enter into agreements with the State of Illinois or appropriate units of local government to permit the joint use of Scott Air Force Base for military and civilian aviation purposes. Renames Scott Air Force Base as the Mel Price Air Force Base and Airport Illinois.
United States · United States Congress · 8 May 1985
Expedited Funds Availability Act - Requires the Board of Governors of the Federal Reserve System to begin to develop a system to provide that: (1) funds deposited by checks drawn on a local depository institution shall be available for withdrawal the next business day following the day of deposit; and (2) for all other checks, not more than three business days shall pass between the day of deposit and the day on which the funds become available. Requires such system to be implemented no later than five years after the date of enactment of this Act. Requires the Board, not later than six months after the date of enactment of this Act and annually thereafter until such goal is achieved, to report to the Congress concerning the actions it has taken. Sets forth time standards for expedited check clearing in any case in which funds are deposited by check in an account at a depository institution. Requires cash deposits to be available on the next business day. Makes exceptions to such standards with respect to: (1) checks drawn on a depository institution or an office of a depository institution located outside of the United States; (2) deposits of checks aggregating more than $5,000 in any account on any business day, excluding cashier's and certified checks beginning two years after enactment of this Act; (3) deposits made by new depositors within the first 30 days after opening an account, excluding cashier's and certified checks beginning two years after enactment of this Act; (4) any account that is overdrawn three times in six months; and (5) emergencies beyond the control of the depository institution. Permits a State to require, or a depository institution to provide for, shorter time periods for deposit availability. Requires interest to accrue on funds deposited in interest-bearing accounts beginning on the business day of deposit. Requires a depository institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by check. Authorizes the Board to publish model disclosure forms and clauses for common transactions. Directs the Board to establish a Payments System Advisory Council to advise and consult with it in the exercise of its functions under this Act. Sets forth provisions governing: (1) the administrative enforcement of this Act; and (2) the civil liability of institutions that fail to comply with this title.
United States · United States Congress · 8 May 1985
Fair Share Minimum Tax Act of 1985 - Amends the Internal Revenue Code to provide for a single alternative minimum tax for both individuals and corporations. Imposes such tax on taxpayers having alternative minimum taxable income in excess of $70,000. Sets the amount of such tax at the excess of: (1) five-sixths of one percent for individuals or five-sixteenths of one percent for corporations for each $1,000 by which alternative minimum taxable income exceeds $70,000; over (2) the regular tax for the taxable year. Phases-out the deduction for individuals for alternative minimum tax itemized deductions by two percent for each $1,000 that minimum taxable income exceeds $100,000. Limits the itemized deduction for housing interest to interest paid for principal residences and allows an itemized deduction for State and local income and real property taxes. Repeals provisions relating to the present minimum tax on corporations. Modifies provisions relating to items of tax preference to provide that: (1) all depreciable property regardless of whether subject to a lease shall be included as a tax preference item; (2) present class life rather than accelerated cost recovery periods must be used for depreciable property; and (3) the net income offset for intangible drilling costs shall be disallowed. Adds as items of tax preferences for all taxpayers: (1) interest from newly issued tax-exempt securities; (2) gain on installment sales; (3) income attributable to life insurance, annuity, or endowment contracts; (4) net losses from activities in which an individual is not a material participant; and (5) certain deductions of life insurance companies. Provides that tax preferences which presently apply to personal holding companies shall apply to all corporations. Revises the method of calculating the tax preference for bad debt reserves and interest on debt to carry tax-exempt obligations for financial institutions. Adds as items of tax preference for corporations: (1) exempt foreign trade income; (2) deposits in, and earnings on, certain maritime construction funds; and (3) income received under completed contract accounting. Adds as items of tax preference for individuals: (1) untaxed portions of social security benefits; (2) earned income of citizens and residents living abroad; (3) the increase in nonforfeitable pension benefits; (4) the deduction for two-earner married couples; (5) health-related benefits excluded from gross income; and (6) employer contributions to group term life insurance. Revises requirements for the election to avoid minimum tax on qualified expenditures. Sets forth effective dates and transitional rules.
United States · United States Congress · 7 May 1985
Field Office Closing Justification Act - Requires executive agencies (except the General Accounting Office and the Department of Defense) to report to the Congress prior to any personnel action respecting an employee assigned to any field office which is incidental to a reorganization of such field office. Describes such personnel action as removal, reduction in grade or pay, involuntary reassignment, or furlough.
United States · United States Congress · 2 May 1985
Medicare Vision Reform Act of 1985 - Amends title XVIII (Medicare) of the Social Security Act to provide coverage for all services provided by a doctor of optometry. (Current law permits coverage for optometric services only if related to the condition of aphakia). Requires payment for optometric services to be made on the basis of an assignment.
United States · United States Congress · 30 April 1985
Truth in Savings Act - Requires each advertisement, announcement, or solicitation made by any depository institution regarding the rate of interest payable on any account to: (1) state the annual percentage yield and the method of compounding interest; (2) state the annual rate of simple interest and the period such interest is in effect; (3) state the frequency of interest payments; (4) give equal prominence to all annual percentage yields and annual rates of simple interest; and (5) include specified statements explaining how fees and penalties could affect the annual yield and how the yield on accounts which mature in less than one year is determined on the basis of compounding for an entire year. Requires the annual percentage yield to be stated before the annual rate of simple interest. Requires an institution to give a person a written summary of such information concerning an offered account upon request. Requires each depository institution to maintain a written schedule of all fees, charges, and terms and conditions applicable to each type of account and service routinely offered. Requires that such schedule be disclosed to potential customers and requesting individuals and mailed to account holders. Directs the Board of Governors of the Federal Reserve System to prescribe: (1) uniform terminology to be used by depository institutions to describe interest rates and other terms affecting account earnings; and (2) uniform methods of calculating annual rates of simple interest and annual percentage yields. Provides for the enforcement of this Act.
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
Designates the week beginning on April 13, 1986, as National Garden Week. Urges the wearing of garden flowers during that week as a symbol of appreciation for the contributions of the Nation's gardeners.
United States · United States Congress · 25 April 1985
States that on the occasion of President Jose Napoleon Duarte's trip to the United States, the House of Representatives applauds him and the Government of El Salvador and expresses its appreciation for his leadership in the campaign to immunize the children of El Salvador.
United States · United States Congress · 24 April 1985
Korean War Memorial Act - Directs the Secretary of the Interior to erect and maintain a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. armed forces who served in the Korean War. Subjects the selected site, design, and plans for the construction of such memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission. Authorizes appropriations.
United States · United States Congress · 24 April 1985
Amends the Solid Waste Disposal Act to prohibit any person from storing, transporting, or disposing of medical waste (solid waste derived from medical practices) in any State in a manner which causes or contributes to a threat to public health or safety, or a public nuisance, in any other State. Authorizes citizen suits in Federal district courts to enforce this prohibition.
United States · United States Congress · 23 April 1985
Authorizes the President, on behalf of the Congress, to present a gold medal honoring George Gershwin to his sister, Frances Gershwin Godowsky, and a gold medal honoring Ira Gershwin to his widow, Lenore Gershwin. Directs the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 18 April 1985
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.
![Official portrait of Rep. Dwyer, Bernard J. [D-NJ-6]](https://www.congress.gov/img/member/d000586_200.jpg)