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
Amends the Fair Labor Standards Act of 1938 to direct the Secretary of Labor, in order to prevent curtailment of employment opportunities, to provide special certificates for the employment, at less than the minimum wage, of individuals (including those employed in agriculture) whose earning or productive capacity is impaired by age, physical or mental deficiency, or injury. Requires that, under such certificates, individuals be paid wages which are: (1) lower than the applicable minimum wage; (2) commensurate with those paid to similarly located and employed nonhandicapped workers; and (3) related to the individual's productivity.
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 · 5 June 1985
Fair Employment Relations Resolution - Title I: Amendments to House Rules - Amends rules XI and XLIII of the Rules of the House of Representatives to prohibit discrimination against the handicapped in the hiring or discharge of House employees. Title II: Fair Employment Relations Board - Establishes the House Fair Employment Relations Board to: (1) make policies and guidelines for the implementation and enforcement of such rules; (2) supervise the operation of the House Fair Employment Relations Office; and (3) hear and determine complaints alleging violations of such rules. Title III: House Fair Employment Relations Office - Establishes the House Fair Employment Relations Office, headed by a Director (appointed by the Board), to: (1) develop procedures to implement the policies and guidelines of the Board; and (2) report to the House on information maintained on each category of individuals afforded equal employment opportunity by such rules. Directs the Office to utilize such information to identify discriminatory wage-setting practices. Requires the Office, upon request, to recommend to House committees improvements in their employment practices. Directs the Office to report to the House, by January 3, 1985, on the continuation or improvement of the procedures for settling complaints. Title IV: Complaints of Violations of Equal Employment Opportunity - Sets forth procedures for individuals who allege discrimination in violation of rules XLIII or XI, including counseling and conciliation, formal complaints and hearings, and appeals to the Committee on Standards of Official Conduct. Title V: General Provisions - Requires the cooperation of committees and offices with the Board, the Office, and the Committee on Standards of Official Conduct.
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
Recognizes the substantial contribution over the past 50 years of the Historic Sites Act to the identification and protection of the Nation's cultural heritage.
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
Forest Ecosystems and Atmospheric Pollution Research Act of 1985 - Directs the Secretary of Agriculture, acting through the Forest Service, to research the causes of declining forest productivity in North America and Europe, including the effects of air pollution. Requires the Secretary to report to the Congress at specified intervals on the existing research and the need for additional research and monitoring of forest decline, final report due within ten years. Authorizes appropriations for FY 1986 through 1996.
United States · United States Congress · 23 May 1985
Amends the National Traffic and Motor Vehicle Safety Act of 1966 to require the Secretary of Transportation to establish regulatory requirements by a certain date in order to ensure that imported motor vehicles are brought into compliance with Federal motor vehicle safety standards. Prescribes guidelines for such requirements. Sets forth a specific time-frame within which the Secretary is required to report to the Congress regarding the efficacy of such regulations.
United States · United States Congress · 23 May 1985
College Athlete Education and Protection Act of 1985 - Amends the Internal Revenue Code to deny the deduction for a charitable contribution to an institution of higher education for use in the athletic program of such institution or to any other organization for use in supporting the athletic program of such institution unless for the 5-calendar-year period ending with the calendar year preceding the calendar year in which the contribution is made at least 75 percent of the scholarship athletes ceasing to be students at such school during such period receive a bachelor's degree after the completion of not more than five academic years.
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
Young Astronaut Program Medal Act - Commemorates the Young Astronaut Program by directing the Secretary of the Treasury to strike and deliver to the Young Astronaut Council no more than 750,000 medals with emblems, devices, and inscriptions determined by the Secretary. Authorizes the Council to dispose of the medals at a premium and to have them delivered as required in quantities of no less than 2,000. Directs that no medals be struck after December 31, 1987. Directs the Secretary to set the price of the medals at no less than the manufacturing cost plus a surcharge of ten percent of such cost. Requires the furnishing of security sufficient to fully indemnify the United States for such costs. Directs that the medals be struck in gold, silver, and bronze and in such size or sizes as determined by the Secretary. Gives the U.S. Comptroller General the right to examine the records of the Council which are related to the medals.
United States · United States Congress · 22 May 1985
Prohibits any person from mining or using any natural resource situated in or originating from Namibia or otherwise removing any natural resource from Namibia without the permission of the United Nations Council for Namibia. Provides for enforcement of such prohibition. Directs the President to try to persuade other governments to adopt restrictions on activities affecting natural resources situated in or originating from Namibia until Namibia has achieved internationally recognized independence. Terminates this Act if: (1) the President certifies that Namibia has achieved internationally recognized independence and that legal authority for Namibia has been transferred from the United Nations Council for Namibia to the lawful government of Namibia; (2) the President submits that certification to the Congress; and (3) a law or joint resolution is enacted approving such certification. Declares that it is U.S. policy that any U.S. person that is sued for damages as provided in a specified United Nations decree relating to the protection of the natural resources of Namibia will receive no aid from the United States in defending against such suit and will receive no compensation from the United States for damages assessed or paid on account of such liability.
United States · United States Congress · 22 May 1985
Family Economic Security Act of 1985 - Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to require each State to have in operation at any time and to carry out either a work incentive program under part C (Work Incentive Program) of title IV or an employment program demonstration project under part A (General Provisions) of title XI of such Act. Repeals time restriction limitations on demonstration projects. Directs the Secretary of Health and Human Services to make annual grants to each State to carry out special programs, projects, and experiments designed to reduce the dependency of AFDC individuals and families, including: (1) supported work programs for long-term adult AFDC recipients; (2) work experiments aimed at easing the transition to jobs in the private sector; and (3) other programs, projects, and experiments designed to reduce AFDC dependency. Provides that grants shall be made only on the basis of a plan submitted to the Secretary by a State and approved by the Secretary. Provides that a grant shall be in an amount ranging from two to seven percent of a State's Federal share under part A of title IV or title XI. Requires reports concerning such grants from a State to the Secretary. Permits a State to transfer up to ten percent of its grant for use in carrying out programs to prevent teenage pregnancies and to assist pregnant individuals and mothers of young children in achieving self-sufficiency. Requires a State to make monthly payments to each family with dependent children in an amount determined by subtracting, after the application of resource and disregard provisions, the family's monthly income from its monthly cash needs standard (equal to one-twelfth of the annual cash needs standard) or from its monthly payment standard (equal to one-twelfth of the annual payment standard). Requires a State to establish for any family with dependent children: (1) an annual cash needs standard; and (2) an annual payment standard specifying the amount of AFDC that the family would receive monthly under AFDC if it had no other income. Requires that, in the case of a family with no income other than AFDC (and reducing such income only by the applicable standard deduction specified by the Food Stamp Act of 1977), each of such standards when added to the total monthly allotments of food stamp coupons equal an amount that places the family at no less than a specified percentage of the poverty level. Provides that such percentage shall be 55 percent for 1986 and rise to 70 percent by 1991. Directs the Secretary of Health and Human Services to determine the poverty level for each State. Provides for increases in the Federal AFDC contribution to States increasing AFDC benefits. Revises provisions relating to dependent children of unemployed parents. Requires a State to make AFDC payments with respect to dependent children in two-parent families not otherwise eligible. Authorizes a State, with respect to making such payments, to establish appropriate work requirements and related registration and training requirements. Requires State plans to provide that at least one such parent: (1) register for manpower services, training, and employment, if either parent is required to register; and (2) participate in some State job search, training, or work program. Sets forth requirements relating to the provision day care and the payment of the minimum wage. Provides that the Federal AFDC matching rate shall be 75 percent with respect to families that include one or more dependent children. Directs the Secretary to make grants to assist States and localities to establish and carry out programs to: (1) reduce the rate of teenage pregnancies in AFDC families; and (2) help pregnant individuals and mothers of young children in such families, who might otherwise become long-term AFDC recipients, to achieve self sufficiency. Requires applications to be submitted for such grants. Sets forth program objectives and requirements. Provides that a grant shall be in an amount equal to two percent of a State's Federal share under part A of title IV or title XI. Requires reports concerning such grants from a State to the Secretary. Permits a State to transfer up to ten percent of its grant for use in encouraging programs to reduce welfare dependency. Authorizes appropriations. Redefines the term "aid to families with dependent children" so as to include a pregnant woman in any case where the child would be eligible for AFDC in the month of payment if such child had been born and was living with the mother in that month. Disregards the first $100 of unearned income, including payment of benefits under title II (Old Age, Survivors and Disability Insurance) of such Act, unemployment benefits, and child support payments. Requires a State to periodically reevaluate its AFDC needs standards. Requires a State to provide Medicaid eligibility for one year to an AFDC family following the family's removal from the State's AFDC plan. Permits a State to provide an additional year of Medicaid eligibility. Increases the amount of assets which a family may possess and still receive AFDC. Directs the Secretary to prescribe the type and allowable amounts of resources a family may own while eligible for AFDC. Prohibits including as such resources a home, burial plots, certain real property, and certain licensed vehicles. Revises AFDC earned income disregards. Excludes the first $100 and one-fourth of other earnings. Limits the monthly child care disregard to $320 for a family. Directs the Secretary to: (1) notify all recipients of and applicants for benefits under title II of the Act of the availability of the supplemental security income program (title XVI of the Social Security Act); (2) notify all recipients of and applicants for SSI or AFDC of the availability of food stamps; (3) notify unemployment compensation benefit recipients of the availability of AFDC; and (4) notify food stamp recipients of the availability of AFDC. Increases the SSI benefit. Prohibits the reduction in OASDI widow's and widower's benefits which may occur after a beneficiary attains age 80. Provides for a Federal matching rate of 30 percent for SSI State supplementary payment increases made after May 22, 1985. Amends the Internal Revenue Code to: (1) provide for an increase in the earned income credit; (2) provide for the disregard of any needs-based governmental benefit in determining support and maintenance of a household; (3) provide for the disregard of any refund of Federal income taxes made because of the earned income credit for purposes of determining eligibility for or the amount of benefits under any Federal or State program which receives Federal funds; (4) provide for cost-of-living adjustments in the earned income credit; (5) extend and increase the targeted jobs credit; (6) include food stamp recipients as members of targeted groups; and (7) provide for an increase in the zero bracket amount for heads of households for taxable years beginning after 1985. Requires a State's Medicaid plan to cover SSI recipents.
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 · 22 May 1985
Amends the Internal Revenue Code to allow certified public accountants and enrolled agents authorized to practice before the Internal Revenue Service to represent taxpayers in certain Tax Court cases involving $10,000 or less.
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 · 21 May 1985
Prohibits the Board of Regents of the Smithsonian Institution from using any Smithsonian Institution funds to make, directly or indirectly: (1) any extension of credit to the Government of South Africa; (2) any extension of credit to, or investment in, any corporation or other business enterprise that is owned (in whole or part) or controlled by the Government of South Africa; and (3) any extension of credit or investment in South Africa. Requires the Board, within one year after the effective date of this Act, to liquidate any such extensions of credit or investments which are in existence on such date. Makes such requirement inapplicable to any extension of credit or investment for which a contract or other legally binding agreement is entered into before the effective date of this Act. Terminates such prohibition and requirements imposed by this Act upon approval by law of any report submitted to the Congress by the Board which contains a determination that the abolition of apartheid has taken place in South Africa and the reasons for such determination.
United States · United States Congress · 16 May 1985
Revenue Enhancement and Protection Program Tax Act of 1985 - Title I: Amnesty from Criminal and Civil Penalties - Provides for a one-time amnesty from criminal and civil tax penalties for taxpayers who: (1) file a written statement with specified information concerning any underpayment of tax; (2) pay the amount of such underpayment when filing the statement; and (3) within 30 days of notification of the amount of interest payable on any tax delinquent amount, pay the full amount of such interest or deliquency. Permits installment payments of tax due in certain cases. Provides that where the taxpayer fails to pay the full amount of such interest or deliquency. Permits installment payments pays any installment that is due under the agreement pursuant to these provisions, the balance shall be due immediately. Disallows an amnesty period for a taxpayer who has made any representation in seeking amnesty which is false or fraudulent in any material respect or to which a Justice Department referral is in effect as of the time the statement for amnesty is filed. Specifies that the amnesty period shall be a three month consecutive period during 1986 chosen by the Secretary of the Treasury. Grants the amnesty treatment only to underpayments of Federal tax for taxable periods ending before January 1, 1984. Provides that no information disclosed to the Secretary of the Treasury in seeking amnesty may be disclosed or open to inspection to any State agency, body, or commission. Authorizes appropriations to the Secretary of the Treasury to provide publicity about the amnesty program. Title II: Compliance Provisions - Subtitle A: Increase in Compliance Personnel - Authorizes appropriations to the Secretary of the Treasury for revenue enforcement and compliance programs an amount equal to ten percent of the revenue attributable to the amnesty program. Authorizes appropriations for an additional 2,500 compliance personnel for the Internal Revenue Service. Subtitle B: Denial of Federal Contracts, Licenses, Etc. to Taxpayers With Tax Delinquent Accounts - Prohibits the award of any Federal contract to any person who has a tax delinquent account. Provides that no Federal business license may be issued with respect to any person who has a tax delinquent account. Requires the revocation of the Federal business license who has a tax delinquent account. Provides an exception to this rule for public health business licenses or business licenses specified in regulations issued by the Secretary of the Treasury. Subtitle C: Use of Private Collection Agencies - Permits the collection of taxes by private collection agencies. Subtitle D: Revision of Penalties - Imposes a tax penalty for: (1) failure to file information returns; (2) failure to file information statements; (3) failure to furnish required data; (4) failure to supply information on a return; and (5) filing false statements. Provides that the penalty for intentional disregard of any of the above requirements shall be ten percent of the gross proceeds or other amount required to be reported or $500, whichever is greater. Exempts the taxpayer from these penalties if the failure to comply with the provisions is due to reasonable cause and not to willful neglect. Subtitle E: Publicity on IRS Enforcement - Requires the Secretary of the Treasury to publicize the risks and consequences of noncompliance with the internal revenue laws, including seizures with respect to taxpayers owing large amounts of tax in such a way as to publicize such risks and consequences.
United States · United States Congress · 15 May 1985
Amends the Internal Revenue Code to allow 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 $1,000 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.
United States · United States Congress · 15 May 1985
Permits the Archivist of the United States to make available for public use all records of the Select Committee on Assassinations of the 94th and 95th Congresses other than those voted to be kept secret or confidential. Requires the guidelines governing disclosure of such records to be those used by the General Services Administration for the records of the President's Commission on the Assassination of President Kennedy.
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
Hate Crime Statistics Act - Directs the Attorney General to include within the Uniform Crime Reports the incidence of offenses against persons and property committed to express racial, ethnic, or religious prejudices (homicide, assault, robbery, burglary, theft, arson, vandalism, and trespass).
United States · United States Congress · 9 May 1985
Authorizes the Alpha Phi Alpha Fraternity to establish a monument on Federal land in the District of Columbia to honor Martin Luther King, Jr. Subjects the Fraternity's design and plans for the monument to the approval of the Secretary of the Interior, the Commission of Fine Arts, and the National Capital Planning Commission. Directs the Secretary to: (1) select a site for the monument with the approval of the Commission of Fine Arts and the National Capital Planning Commission; (2) prohibit its construction unless sufficient funds are available for its completion; and (3) provide for the maintenance of the monument upon its completion. Provides that U.S. funds may not be used to establish the monument. Directs that the authority to establish the monument is contingent upon its construction beginning within five years.
United States · United States Congress · 9 May 1985
Expresses the sense of the House of Representatives that the United States should ratify the Convention on the Prevention and Punishment of the Crime of Genocide. Declares that the House will act expeditiously to implement this legislation.
United States · United States Congress · 8 May 1985
Expedited Funds Availability Act - Requires the Board of Governors of the Federal Reserve System to begin to develop a system to provide that: (1) funds deposited by checks drawn on a local depository institution shall be available for withdrawal the next business day following the day of deposit; and (2) for all other checks, not more than three business days shall pass between the day of deposit and the day on which the funds become available. Requires such system to be implemented no later than five years after the date of enactment of this Act. Requires the Board, not later than six months after the date of enactment of this Act and annually thereafter until such goal is achieved, to report to the Congress concerning the actions it has taken. Sets forth time standards for expedited check clearing in any case in which funds are deposited by check in an account at a depository institution. Requires cash deposits to be available on the next business day. Makes exceptions to such standards with respect to: (1) checks drawn on a depository institution or an office of a depository institution located outside of the United States; (2) deposits of checks aggregating more than $5,000 in any account on any business day, excluding cashier's and certified checks beginning two years after enactment of this Act; (3) deposits made by new depositors within the first 30 days after opening an account, excluding cashier's and certified checks beginning two years after enactment of this Act; (4) any account that is overdrawn three times in six months; and (5) emergencies beyond the control of the depository institution. Permits a State to require, or a depository institution to provide for, shorter time periods for deposit availability. Requires interest to accrue on funds deposited in interest-bearing accounts beginning on the business day of deposit. Requires a depository institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by check. Authorizes the Board to publish model disclosure forms and clauses for common transactions. Directs the Board to establish a Payments System Advisory Council to advise and consult with it in the exercise of its functions under this Act. Sets forth provisions governing: (1) the administrative enforcement of this Act; and (2) the civil liability of institutions that fail to comply with this title.
United States · United States Congress · 8 May 1985
Authorizes the Society of the Third Infantry Division to erect a memorial on public grounds in the District of Columbia or its environs in honor of the men of the "Rock of the Marne" of the Third Infantry Division who served in both World Wars, Korea, and maintaining peace. Authorizes the Secretary of the Interior to select a site for the memorial subject to the approval of the National Commission of Fine Arts, the National Capital Planning Commission, and, under certain circumstances, the Mayor of the District of Columbia. Subjects the design and plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Directs that the maintenance and care of the memorial shall be the Secretary's responsibility unless the memorial is on public grounds under the jurisdiction of the District of Columbia in which case such duties fall on the District of Columbia. Provides that funds of the United States or the District of Columbia may not be used to erect the memorial. Directs that the authority to establish the memorial is contingent upon its erection beginning within five years with funds sufficient to ensure its completion.
United States · United States Congress · 8 May 1985
Food Stamp and Commodity Distribution Improvement Act of 1985 - Title I: Food Stamp and Related Provisions - Amends the Food Stamp Act of 1977 to make homeless persons eligible to participate in the food stamp program (program). Requires State agencies to develop related certification and issuance procedures. Changes the four-person thrifty food plan adult age range from 20 to 54 years old to 20 to 50 years old. Requires the thrifty food plan to be adjusted annually each October 1 to reflect: (1) food price changes through the preceding June; and (2) the Secretary of Agriculture's projection of food price changes through the following September. Revises the definition of "disabled" to include certain persons receiving benefits under the Railroad Retirement Act or persons receiving Supplemental Security Income (SSI) disabled benefits. Prohibits the collection of State and local taxes on food stamp purchases. Removes provisions which prohibited the distribution of federally donated foods in jurisdictions where the food stamp program is operated. Makes households each of whose members receive SSI or Aid to Families with Dependent Children (AFDC) categorically eligible for program participation. States that denial of eligibility or termination of benefits from such programs cannot be a basis for denial of food stamp eligibility or termination of benefits. Excludes loan origination fee payments and insurance premiums from "household income" under the program. Includes as such income any income from Federal educational grants not used for tuition and fees, from the program definition of "income." Requires that certain AFDC payments and State assistance made to third parties on behalf of food stamp households be treated as money paid directly to such households. Declares that earnings attributable to the Job Training Partnership Act shall be considered earned income. Increases the earned income deduction from 18 to 20 percent. Separates (presently combined) dependent care and excess shelter expense deductions. Provides for an educational deduction and an energy assistance deduction. Grants States the option of calculating income either prospectively or retrospectively. Authorizes the Food Stamp Disaster Task Force to assist States in implementing and operating the regular food stamp program in a disaster area. Increases the resources limitation from $1500 to $2500, and from $3000 to $3500 for the elderly and disabled. Increases the threshold for accounting a vehicle's value against resources from $4500 to $5500. Requires the disqualification of a household if the head of household fails to fulfill work requirements. (Current law disqualifies a household where any eligible member of such household fails to fulfill work requirements.) Exempts students under the Job Training Partnership Act from certain disqualification provisions and removes the exception for certain students who are parents. Requires each State agency to implement an employment program as set forth under this Act. Authorizes appropriations for FY 1985 through 1989 for such program. Directs the Secretary to report by January 1, 1989, to the appropriate congressional committees on the effectiveness of such programs. Permits States to stagger coupon issuance. Permits the disclosure of information submitted by retail stores to State agencies that administer the Special Supplemental Food Program for Women, Infants and Children under the Child Nutrition Act of 1966. Permits federally insured credit unions which have wholesale or retail grocers in their membership to redeem food stamps. Prohibits financial institutions from collecting charges for the redemption of coupons, other than charges relating to the cancellation of such coupons. Directs State agencies to periodically assess the need to keep food stamp offices open during weekend or evening hours. Requires the Secretary to encourage State agencies to disseminate program information. Imposes a civil penalty on the transferor of a disqualified retail food store. Prohibits any new owner from accepting food stamps until such penalty has been paid. Authorizes the Secretary to sue in district court to collect such penalty. Authorizes the Secretary, at the request of a State agency, to waive payment of a portion of any claim asserted against the State for its error rate, if the State shows that it will devote the waived portion to administrative efforts to reduce its payment error rate. Directs the Secretary to develop a model plan for computerization of the information systems under the food stamp program by October 1, 1986. Requires a report to the Congress by April 1, 1987, on the sufficiency of each State's computerized system. Extends the authority to conduct pilot projects intended to improve the efficiency of the program until October 1, 1990. (Currently, such authority expires October 1, 1985.) Authorizes the Secretary to continue any project beyond any established term if such project has a beneficial effect on administrative costs and error rates. Authorizes appropriations for the food stamp program for FY 1986 through 1990. Revises the Puerto Rico block grant program to: (1) make permanent the existing temporary (through September 30, 1985) suspension for the non-cash program requirement; (2) repeal the provision requiring Puerto Rico to pay 50 percent of administrative costs; and (3) repeal the requirement of a single administering agency. Authorizes appropriations for such program for FY 1986 through 1990. (Currently, such authorization is a fixed amount and open-ended.) Amends the Agriculture and Consumer Protection Act of 1973 to extend the commodity distribution program for FY 1986 through FY 1990 and the commodity supplemental food program from FY 1986 through 1989. (Currently, such programs expire in FY 1985.) Allows the continued distribution of agricultural commodities to low-income elderly under certain pilot projects. Title II: Amendments to the Temporary Emergency Food Assistance Act of 1983 and Other Commodity Distribution Provisions - Amends the Temporary Emergency Food Assistance Act of 1983 to declare emergency feeding organizations as eligible commodity recipients. Defines such organizations as those including charitable institutions, food banks, hunger centers, soup kitchens, and similar nonprofit agencies. Repeals provisions which: (1) authorize the use of wheat provided under the Food Security Wheat Reserve Act of 1980; and (2) relate to agreements for reprocessing commodities into end-use food products. Authorizes State agencies to enter into cooperative agreements for the provision of commodities to an emergency feeding organization. Authorizes appropriations for FY 1986 and 1987 for the costs associated with the distribution of commodities by emergency feeding organizations. Sets forth conditions associated with such funding. Requires the Secretary to publish regulations regarding the commodity distribution program for FY 1986 and 1987. Requires such regulations to include provisions that set standards of liability for commodity losses. Terminates the temporary emergency food program on September 30, 1987. (Currently, such program terminates September 30, 1985.) Directs the Secretary to report to the Congress on the activities under such program by April 1, 1987. Amends the Agricultural and Food Act of 1981 to require the Secretary to encourage consumption of products made available without charge or credit through agreements with private companies for the reprocessing of such products. Title III: Food, Nutrition, and Consumer Education - Directs the Department of Agriculture, through its Extension Service, to coordinate a program where by State cooperative extension services provide food, nutrition, and consumer education services to low-income persons. Authorizes appropriations for such program for FY 1986 through 1990.
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 · 8 May 1985
Amends the Internal Revenue Code to allow a deduction for the amount of the premiums paid on a life insurance contract the beneficiary of which is a trust established for the benefit of a disabled individual. Requires the insurance contract to be on the life of the taxpayer, the taxpayer's spouse, or a former spouse. Limits the amount of the insurance contract to $100,000. Sets forth rules for the establishment and operation of the trust for the benefit of a disabled individual. Provides that amounts distributed from such trust shall not be included in the gross income of the beneficiary of a qualified disabled individual's trust. Provides that the proceeds of the insurance contract shall be excluded from the estate of the taxpayer, and includes in the gross estate of the income beneficiary of the trust the remaining portion of the corpus attributable to the insurance contract and any accumulated income attributable to such amount. Sets forth a formula for computing the estate tax on this amount.
United States · United States Congress · 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 · 7 May 1985
Beekeeper Protection Act of 1985 - Requires the U.S. International Trade Commission (ITC), within 90 days of enactment of this Act, to investigate and report to the President on the effects of honey imports on certain domestic programs and on the amount of products processed in the United States from honey. Requires the President, if the ITC recommends that fees or limitations be imposed on honey imports, to: (1) impose such fees or limitations; or (2) deny the existence of the facts justifying such fees or limitations . Requires the President to take such action within 60 days of the issuance of the ITC report.
United States · United States Congress · 7 May 1985
Older Americans Pension Coverage Protection Act of 1985 - Amends the Age Discrimination in Employment Act of 1967 to prohibit any employee benefit plan which is an employee pension benefit plan from requiring or permitting the suspension of an employee's benefit accrual because of age before accruing the maximum normal retirement benefit. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to prohibit specified types of plans from suspending or reducing the rate of an employee's benefit accrual or employer contributions to the employee's account solely because of age.
United States · United States Congress · 7 May 1985
Food, Trade, and Development Act of 1985 - Amends the Agricultural Act of 1949 to change the requirements for providing surplus commodities for famine relief assistance under the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480). Authorizes the Secretary of Agriculture to furnish eligible commodities for carrying out such famine relief programs. Defines "eligible commodities" to mean certain dairy products, grains, and oilseeds acquired through price support operations and such other agricultural commodities as may be acquired by the Commodity Credit Corporation and made available for distribution. Prohibits reducing the amounts of commodities that traditionally are made available through donations to domestic feeding programs or agencies. Declares that the requirements of Public Law 480 relating to availability of adequate storage facilities, noninterference with local production and marketing, and safeguarding of usual marketing shall apply with respect to furnishing commodities for famine relief. Authorizes making agreements to provide commodities in installments over an extended period of time. Requires using expedited procedures to implement the provision of such commodities. Declares that the provision of Public Law 480 relating to payment of transportation costs shall apply to commodities furnished for famine relief. Requires that the cost of commodities furnished under this Act shall be in addition to the level of assistance programmed under Public Law 480 and shall not be considered expenditures for international affairs and finance. Authorizes certain sales and barter of such commodities, including certain sales by nonprofit voluntary agencies. Requires the Secretary of Agriculture to furnish to nonprofit voluntary agencies and the World Food Program not less than five percent of the amount of each eligible commodity in each fiscal year for distribution. Authorizes the Secretary to waive such requirement under certain circumstances. Amends the Agricultural Trade Development and Assistance Act of 1954 to authorize the President to negotiate agreements to sell agricultural commodities to friendly developing countries with a per capita gross national product of $650 or less for foreign currencies on credit terms. Requires that a certain volume of agricultural commodities shall be sold to such countries under such terms during FY 1986. Directs the President to propose to the Congress by February 15, 1986, appropriate volume levels for such sales for FY 1987 through 1989. Sets forth the ways foreign currencies received in such sales shall be used. Sets forth the minimum and subminimum distribution levels for famine relief programs for FY 1986 and each fiscal year thereafter. Prohibits undertaking famine assistance programs during any fiscal year which calls for more than $1,200,000,000 to reimburse the Commodity Credit Corporation for such programs, unless the President determines that additional funding for famine relief programs is necessary to meet emergency food needs. Authorizes an agreement with a nonprofit voluntary agency for nonemergency food relief programs to provide, upon request of such agency, for the use by that agency of certain foreign currency proceeds for specified purposes (including certain health projects and immunization projects). Limits the level of use of such foreign currency proceeds. Authorizes an agreement with such an agency, upon request of the agency, to provide that a specified percentage of the dollar amount of the agreement will be provided to the agency in monetary form (rather than in agricultural commodities) for specified purposes if the agency provides at least an equal amount of money for such purposes. Directs the President to invite representatives of nonprofit voluntary agencies and to designate certain Federal officials to participate in a task force on food assistance to the most nutritionally needy. Sets the deadline for the report of such task force to the Congress. Urges the President to approve, upon request, multiyear commitments to make farm commodities available to nonprofit voluntary agencies for nonemergency food relief, except under certain circumstances. Declares that a nonprofit voluntary agency shall not be required, in carrying out a multiyear agreement, to obtain annual approval from the Government to continue its assistance program pursuant to such agreement unless exceptional or unforeseen circumstances require such approval. Authorizes agreements with nonprofit voluntary agencies to authorize those agencies to establish local food reserves. Sets forth the reasons for an agency to deposit farm commodities in such food reserves. Limits the percentage of farm commodities made available each fiscal year for nonemergency programs that may be fortified or processed food. Sets forth information that a nonprofit voluntary agency must include in request for a nonemergency food assistance agreement. Amends the Food Security Wheat Reserve Act of 1980 to extend the Food Security Wheat Reserve through FY 1989.
United States · United States Congress · 6 May 1985
Immigration Exclusion and Deportation Amendments of 1985 - Amends the Immigration and Nationality Act to make only the following classes of aliens ineligible to receive visas and be permitted admission into the United States: (1) any alien with a communicable disease of public health significance; (2) any alien with a record of behavior or mental impairment that poses a threat to property or safety; (3) any alien convicted of a crime involving moral turpitude, with specified exceptions; (4) any alien convicted of two or more offenses for which the aggregate sentences actually imposed were five years or more; (5) any alien convicted of specified drug violations; (6) any alien who has engaged in terrorist activity against the United States or against a citizen of the United States; (7) any alien who participated in Nazi persecutions; (8) any alien deemed by the Attorney General as a probable security risk for certain specified reasons, including terrorist activity; (9) any alien who is likely to become a public economic burden; (10) any alien seeking to enter the United States for the purpose of performing skilled or unskilled labor, with certain qualified exceptions; (11) any alien who is a graduate of a medical school not accredited by a body approved for such purpose by the Secretary of Education, with certain exceptions; (12) any excluded or deported alien who seeks readmission within one year of the event, unless such readmission is consented to by the Attorney General; (13) any alien seeking to enter the United States by fraud or the willful misrepresentation of a material fact; (14) any stowaway alien; (15) any alien who aids any other alien in illegal entry; (16) any immigrant not in possession of a valid immigrant visa and passport at the time of admission; (17) any nonimmigrant not in possession of a valid passport authorizing the alien to return to the country from which he or she came; and (18) any alien ineligible for U.S. citizenship, including a person who left or remained outside the United States to avoid U.S. military service in time of war or national emergency. Repeals provisions dealing with bond and conditions for admission for permanent residence for retarded, tubercular, and mentally ill aliens. Makes deportable by the Attorney General only those aliens within one of the following classes: (1) any alien who at the time of entry was within one or more of the classes of aliens excludable by then existing law; (2) any alien entering the United States without inspection or at a time and place other than as designated by the Attorney General; (3) any alien admitted as a nonimmigrant who has failed to maintain such status; (4) any alien arriving from a foreign contiguous territory or adjacent islands who has not resided in such territory or islands for at least two years prior to such arrival; (5) any alien convicted of a crime involving moral turpitude committed within five years from the date of entry and who is either sentenced or confined for a term of one year or longer; (6) any alien who at any time after entry is convicted of two or more crimes involving moral turpitude; (7) any alien who at any time after entry is convicted of a violation of certain drug laws; (8) any alien who at any time after entry is convicted under weapons-possession laws; (9) any alien who at any time is convicted on any of various specified loyalty laws (e.g. sabotage, treason and sedition, selective service, etc.); (10) any alien who fails to comply with alien registration laws or foreign agent registration laws; (11) any alien convicted of fraud or misuse of visas or other entry documents; (12) any alien engaging in activity which endangers the public safety or national security, including terrorist activity; (13) any alien who within five years after entry has become a public economic burden; (14) any alien who has engaged in terrorist activity against the United States or against a citizen of the United States; or (15) any alien who participated in Nazi persecutions.
United States · United States Congress · 6 May 1985
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 by 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.)
![Official portrait of Rep. Fazio, Vic [D-CA-3]](https://www.congress.gov/img/member/f000053_200.jpg)