United States · United States Congress · 10 December 1985
Expresses the sense of the Congress that the President should take measures to encourage the Government of Indonesia to: (1) allow and maintain access into East Timor for humanitarian organizations, journalists, church delegations, and human rights groups; (2) guarantee freedom of expression for the Roman Catholic Church in East Timor; (3) allow an impartial international examination of population limitation measures and the conditions that exist in areas where East Timorese have been resettled by Indonesian authorities; (4) allow qualified international observers to be present at the trials of East Timorese political prisoners; and (5) work with the U.S. and Portuguese governments to develop peace initiatives for East Timor.
United States · United States Congress · 4 December 1985
Social Security Hearing Equity Act of 1985 - Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to exclude any representative of the Department of Health and Human Services, the Social Security Administration, any other agency of such department, or an involved State agency from appearing as a agency of such department, or an involved State agency from appearing as a part at a benefit hearing or participating in the development of the record of such hearing, unless, in the latter case, the presiding officer requests such participation.
United States · United States Congress · 3 December 1985
Requires each State to: (1) establish parking privileges for handicapped persons (whether drivers or passengers); (2) grant handicapped non-residents the same parking privileges as handicapped residents; (3) establish the international access symbol as the exclusive identifier for handicapped parking and vehicles; and (4) certify to the Secretary of Transportation by a specified date that parking privileges for the handicapped are being enforced. Prohibits the Secretary from approving the State highway department project plans of any State which has failed to establish handicapped parking privileges under this Act. Requires the Secretary to withhold certain Federal-aid highway funds from a non-compliant State.
United States · United States Congress · 20 November 1985
Telecommunications Equipment and Information Services Act of 1985 - Authorizes the Bell operating companies to provide information services (excluding electronic publishing) and to manufacture telecommunications equipment, subject to such regulations as the Federal Communications Commission may prescribe. Conditions such authority on the Commission's determination that no Bell operating company could impede competition in the information services or telecommunications equipment manufacturing businesses. Requires the Commission to include in its annual report to the Congress an assessment, providing for public comment, of the impact of this Act on employment in such businesses.
United States · United States Congress · 20 November 1985
Designates May 25, 1986, as Hands Across America Day. Authorizes and requests the President to commend: (1) United Support of Artists for Africa for their Hands Across America project; and (2) the American people for their commitment to helping people help themselves.
United States · United States Congress · 19 November 1985
Small Contribution Tax Credit Reform Act of 1985 - Amends the the Internal Revenue Code to repeal the income tax credit for contributions to presidential, state, and local candidates, political action committees, and newsletter fund contributions. Allows an income tax credit for congressional candidate contributions. Limits the amount of such credit to $100 for a taxable year ($200 in the case of a joint return).
United States · United States Congress · 13 November 1985
Nutritional Information Labeling Act of 1985 - Amends the Federal Food, Drug, and Cosmetic Act to require food labels to list detailed nutritional information concerning any fats, oils, cholesterol, sodium, or potassium present in such product.
United States · United States Congress · 12 November 1985
Foreign Agents Compulsory Ethics in Trade Act of 1985 - Prohibits former high-level Federal civilian officers or employees or high-ranking officers of the uniformed services from representing or advising foreign principals during the ten-year period beginning on the last day of such a person's Federal employment or service. Authorizes the Secretary of State and the Secretary of Commerce to jointly determine a longer prohibitive period in the interest of national security. Establishes criminal penalties for violations of this Act. Defines and lists employee positions to which this Act applies.
United States · United States Congress · 12 November 1985
Gold Bullion Coin Act of 1985 - Directs the Secretary of the Treasury to mint and issue gold coins in 50-dollar, 25-dollar, ten-dollar, and five-dollar denominations. Requires the Secretary to acquire the gold for such coins by purchase of gold mined from natural deposits in the United States or a U.S. territory or possession within one year after the month the ore was mined. Prohibits the Secretary from paying more than the average world price for such gold. Allows the Secretary to use gold from U.S. reserves in the absence of available supplies of such mined gold at the average world price. Repeals a provision prohibiting the Government from delivering any gold coin. Requires any profit from the sale of such coins to be deposited in the Treasury and applied toward reducing the national debt. Directs the Secretary to ensure that the issuance of such coins results in no net cost to the Government.
United States · United States Congress · 6 November 1985
Higher Education Amendments of 1985 - Title I: Amendment to Title I of the Act - Amends title I of the Higher Education Act of 1965 (HEA) regarding post-secondary programs for non-traditional students and the establishment and awarding of educational program and planning grants. Authorizes appropriations for FY 1987 through 1991 for such purpose. Amends provisions of HEA concerning the responsibilities of the Secretary of Education (the Secretary) in the evaluation of national education programs. Authorizes appropriations for FY 1987 through 1991 for such purpose. Title II: Amendments to Title II of the Act - Redesignates title II of HEA as: Title II: Academic Library and Information Technology Enhancement. Authorizes appropriations for programs under such title for FY 1987 through 1991. Authorizes the making of grants for the enhancement of college library resources. Repeals provisions concerning the making of special purpose grants. Establishes a grant program for supporting college library technology and developmental cooperation. Title III: Amendment to Title III of the Act - Amends title III of HEA in the area of institutional aid through grants and in increasing financial assistance to historically black colleges and universities. Authorizes the Secretary to award challenge grants to certain qualifying institutions. Reserves a specified sum of previously appropriated funds for the use of eligible institutions serving a high percentage of Hispanic, Black, and Native American students. Outlines application requirements for institutions requesting financial assistance. Authorizes appropriations for FY 1987 through 1991 to carry out programs under title III. Title IV: Revisions to Title IV of the Act - Part A: Revision of Part A of Title IV - Amends Part A (Grants to Students in Attendance at Institutions of Higher Education) of title IV (Student Assistance) of HEA to authorize the making of basic educational opportunity grants (Pell grants) to students in attendance at institutions of higher education. Sets out the amount of such grants for each qualifying individual. Authorizes a program of supplemental educational opportunity grants to qualified students demonstrating financial need. Authorizes appropriations for the making of such grants for FY 1987 through 1991. Outlines selection procedures for the awarding of such grants. Authorizes appropriations for FY 1987 through 1991 for the purpose of awarding grants to States to enable States to provide grants or State work-study jobs to eligible students attending institutions of higher education. Outlines application procedures for States applying for such grants. Authorizes the Secretary to provide special programs for students from disadvantaged backgrounds (including talent search, upward bound, student support services, educational opportunity centers, and staff development activities). Authorizes appropriations for 1987 through 1991 for such programs. Authorizes the establishment of a National Center for Postsecondary Opportunity to ensure the adequate availability of financial aid information. Maintains and expands secondary and postsecondary high school equivalency program and college assistance migrant program projects. Authorizes appropriations for FY 1987 through 1991 for such purpose. Establishes a Federal Merit Scholarship program. Authorizes appropriations for FY 1986 through 1988 for such program. Authorizes cost-of-education payments to institutions of higher education. Provides a formula for determining the amounts of such payments. Authorizes appropriations for FY 1987 through 1991 for the establishment of a veterans education outreach program which would authorize payments to institutions for each veteran enrolled at such institution and receiving veterans' educational assistance. Outlines provisions concerning eligibility for such payments. Authorizes the Secretary to make grants to institutions of higher education to provide special child care services to disadvantaged college students. Authorizes appropriations for FY 1987 through 1991 for such purpose. Part B: Revision of Part B of Title IV: - Amends part B (Federal, State, and Private Programs of Low-Interest Insured Loans to Students in Institutions of Higher Education) of title IV to replace it with a new part B (Guaranteed Student Loan Program). Prohibits discrimination by creditors lending credit under the guaranteed student loan program. Authorizes appropriations for: (1) the student loan insurance fund; (2) Federal payments to reduce student interest costs; (3) certain State and nonprofit private loan insurance programs; and (4) repayment of loans of bankrupt, deceased, or disabled borrowers. Outlines provisions concerning payments by the Secretary to the States of advanced funds for the establishment of State and nonprofit private loan insurance programs. Sets forth provisions concerning Federal loan insurance. Authorizes the payment of Federal interest subsidies to reduce student loan interest costs. Outlines qualifications for students receiving such subsidies. Authorizes payments by the Secretary for the provision of lender referral services for students. Authorizes appropriations for the making of such payments for such referral services. Authorizes the provision of supplemental loans to students and loans to parents of students. Authorizes the provision of consolidation loans to students for consolidation of all student loans made. Outlines qualifications for students receiving such consolidation loans. Provides procedures in the event of default by a student on any loan covered under the Federal loan insurance program. Directs the Secretary to exchange information with credit bureaus and institutions of higher learning for the purpose of promoting responsible repayment of loans under the Federal loan insurance program. Establishes a student loan insurance fund for use by the Secretary in making payments on defaulted loans under the Federal loan insurance program. Requires lenders who provide loans under the loan insurance program to provide thorough and accurate loan information concerning such loan to the borrower. Authorizes Federal credit unions to participate in Federal, State, and private student loan insurance programs. Authorizes the government of the District of Columbia to establish a student loan insurance program. Authorizes repayment by the Secretary of loans of bankrupt, deceased, or disabled borrowers. Establishes the Student Loan Marketing Association (the Association) to serve as a secondary market and warehousing facility for student loans. Authorizes appropriations to establish the Association. Outlines organizational rules, powers, and authorities of the Association, as well as actions to be taken by the Association in securing student loans. Requires certain studies of: (1) multiple-year lines of credit; and (2) multiple disbursement. Part C: College Work-Study Amendment - Authorizes appropriations for FY 1987 through 1991 for the provision of work-study programs for students at eligible institutions. Authorizes the Secretary to make grants to eligible institutions for the operation of such work-study programs. Provides for the establishment of work-study programs whereby students perform community services specifically designed to aid low-income individuals and families. Part E: Perkins Loans - Authorizes appropriations for FY 1987 through 1991 and directs the Secretary to carry out a program for the making of low-interest, direct loans (Perkins loans) to students in order to pursue their courses. Authorizes additional appropriations for FY 1991 through 1996 to enable students to continue or complete their studies. Allocates appropriated funds among fiscal years. Provides procedures for determining an institution's need for the services of Perkins loans. Outlines provisions to be included in agreements with institutions of higher learning for the payment of Federal capital contributions to student loan programs. Requires institutions to provide adequate loan information on any loans made to borrowers under such program. Outlines the terms of such loans. Authorizes the cancellation of loans for certain public service performed (e.g., teaching, or as a member of the armed forces). Provides for the collection of defaulted loans by the Secretary. Part F: Need Analysis - Adds a new part F to title IV relating to need analysis (i.e. an analysis of the amount of financial assistance needed by students in order to attend institutions of higher education). Provides for the determination of the expected family contribution to a dependent student's educational costs, based on available income. Provides various tables to assist in the determination of available income. Provides a computation of the family contribution for independent students without dependents, and for such students with dependents. Provides adjustments to such need analysis for purposes of the Pell grant program. Part G: Revision of General Provisions - Defines "institution of higher education" for purposes of eligibility under certain aforementioned grant programs. Provides a master calendar containing deadline dates for applications, forms, and fund distributions required under the various grant programs. Outlines student eligibility requirements for receiving grants, loans, or work-study assistance. Requires participating institutions of higher education to disseminate information concerning the institution and all financial assistance available. Authorizes the Secretary to enter into contracts to provide training in the administration of financial aid and student support services. Authorizes appropriations for FY 1986 through 1991 for such purposes. Establishes an Advisory Committee on Student Financial Assistance to provide advice and counsel to the Congress on student financial aid matters. Directs the Secretary to survey student aid recipients for the purpose of collecting and disseminating certain student aid information. Title V: Amendment to Title V of the Act - Amends title V (Teacher Corps and Teacher Training Programs) of HEA to replace it with a new title V (Educator Recruitment, Retention, and Development). Authorizes appropriations for FY 1987 through 1991 for and establishes programs in: (1) excellence in teacher education programs; (2) school, college, and university partnerships; (3) professional development and leadership programs; (4) teacher scholarships and fellowships; and (5) research and data collection. Authorizes the Secretary to make grants to institutions of higher education to provide institutional support for teacher education programs. Outlines the requirements for such program. Directs the Secretary to make grants to institutions of higher education for midcareer teacher training. Outlines the requirements for such program. Authorizes the making of partnership agreements between eligible institutions of higher education and local education agencies in order to receive grants from the Secretary for the purpose of enhancing local academia. Outlines application requirements for such grants. Authorizes the Secretary to award four grants for pilot community college partnership projects. Outlines requirements. Establishes teaching academy demonstration projects in order to provide more effective instruction and guidance in the development of teaching skills through the creation of internships for beginning teachers. Outlines requirements for grant recipients. Authorizes the Secretary to make grants to establish professional development resource centers for teachers. Outlines grant requirements. Requires each such center to be planned and operated by a professional development policy board. Directs the Secretary to enter into contracts for the establishment and operation of technical assistance training centers in each State. Outlines general criteria for such contracts. Authorizes the Secretary to make grants to State educational agencies to enable such agencies to support a fellowship program for teachers to be trained to provide special education for handicapped children. Sets out application requirements and other conditions of such grants. Authorizes the Secretary to allocate grants to each State for the purpose of awarding Congressional Teacher Scholarships to high school students in such State. Outlines application requirements and selection criteria. Authorizes the Secretary to award one national talented teacher fellowship to a public or private school teacher in each congressional district of each State, and one in each of the territories and possessions of the United States. Outlines application requirements and selection criteria. Authorizes the Secretary to utilize specified legislative authority to assess annually the current and future supply and demand for teachers. Authorizes the Secretary to award grants to institutions of higher education for the conduct of research consistent with the collection of such information. Requires institutions of higher education or other entities in any State, in order to be eligible for teacher training assistance under HEA for any fiscal year after FY 1986, to establish a State task force on teacher training. Outlines organizational rules, powers, and functions of such task forces. Extends through October 1, 1991, the authorization of appropriations for the making of grants to the Robert A. Taft Institute of Government in New York. Title VI: Amendments to Title VI of the Act - Amends title VI (International Education Programs) of HEA to replace it with a new title VI to authorize the Secretary to make grants to institutions of higher education for the purpose of paying stipends to individuals undergoing advanced training in foreign language training programs or foreign studies programs. Authorizes the Secretary to make grants for the establishment, operation, and strengthening of foreign language resource centers. Outlines activities to be carried out by such centers. Authorizes the Secretary to make grants to establish intensive summer language institutes. Authorizes appropriations for FY 1987 through 1991 for such programs. Authorizes appropriations for FY 1987 through 1991 for the making of grants by the Secretary to educational institutions or libraries for the purpose of acquiring periodicals published outside the United States. Authorizes appropriations for FY 1987 through 1991 for certain business and international education programs. Directs the Secretary, at least two times each year, to convene an advisory board on the conduct of programs under Title VI of the Act. Title VII: Amendment to Title VII of the Act - Directs the Secretary to carry out programs of financial assistance to institutions of higher education and to higher education building agencies for the construction, reconstruction, or renovation of academic facilities in order to bring such facilities in conformity with specified housing and environmental laws and regulations. Requires States, in order to receive grants for the construction, reconstruction, or conversion of undergraduate academic facilities, to submit annually to the Secretary a State plan containing specified standards and procedures to be followed concerning the allocation of grant funds received by the States. Outlines criteria and allotment procedures. Authorizes appropriations for FY 1987 through 1991 for such purpose. Directs the Secretary to make grants to graduate institutions of higher education which meet application requirements. Authorizes appropriations for FY 1987 through 1991 for such purposes. Directs the Secretary to make and insure loans to institutions of higher education and to higher education building agencies for the construction, reconstruction, and renovation of academic facilities. Provides the terms for such loans. Establishes in the Treasury a revolving loan fund for the purpose of making and insuring such loans. Authorizes appropriations for FY 1987 through 1991 for such purposes. Authorizes the Secretary to make annual interest grants to institutions of higher education and higher education building agencies to reduce the cost of borrowing from other sources for construction, reconstruction, and renovation projects. Sets limits and requirements for such grants. Authorizes the Secretary to provide financial assistance to Eastern Michigan University in Ypsilanti, Michigan, for the purpose of the renovation and restoration of Welch Hall. Authorizes appropriations. Authorizes the Secretary to provide financial assistance to the Rochester Institute of Technology in Rochester, New York, to pay the Federal share of the cost of construction of a specified facility. Authorizes appropriations. Authorizes the Secretary to provide financial assistance to Shaw University of Raleigh, North Carolina, for the purpose of the renovation and restoration of Estey Hall. Authorizes appropriations. Provides for recovery by the United States of payments made for the cost of construction, reconstruction, and renovation of academic facilities. Title VIII: Amendment to Title VIII of the Act - Authorizes appropriations for FY 1987 through 1991 to enable the Secretary to make grants to institutions of higher education for the planning, establishment, and expansion of cooperative education programs. Outlines application procedures for such grants, and sets forth grant limitations. Title IX: Amendment to Title IX of the Act - Directs the Secretary to make grants to public and private, nonprofit higher education institutions for the purpose of enabling under-represented minorities to participate in graduate studies. Outlines application requirements. Directs the Secretary to award a one-year graduate fellowship to each student (known as a Patricia Roberts Harris Fellow) who completes a specified undergraduate internship program. Directs the Secretary to make grants to institutions of higher education to enable such institutions to offer grant programs of post-baccalaureate study leading to a graduate or professional degree. Outlines grant requirements. Authorizes the Secretary to award not more than 450 national graduate fellowships per year in accordance with specified guidelines. Directs the President to appoint a National Graduate Fellows Program Fellowship Board to establish the policies of such program and select the fellowship recipients. Outlines organizational rules for such Board. Directs the Secretary to make grants to academic departments and programs that provide courses of study leading to a graduate degree in areas of national need. Sets out eligibility and application requirements. Authorizes the Secretary to make grants or enter into contracts with public and private agencies and organizations in order to assist individuals from disadvantaged backgrounds to undertake training for the legal profession. Authorizes the Secretary to enter into grants or contracts with accredited law schools for the purpose of paying up to 90 percent of the cost of legal clinical experience programs at such law schools. Authorizes appropriations for FY 1987 through 1991 for the aforementioned programs under Title IX of the Act. Title X: Amendment to Title X of the Act - Authorizes the Secretary to make grants to and contracts with institutions of postsecondary education in order to improve postsecondary educational opportunities by taking specified actions. Establishes a National Board of the Fund for the Improvement of Postsecondary Education to act in an advisory capacity in the determination of postsecondary education grant recipients. Authorizes appropriations for FY 1987 through 1991 for the purpose of making such grants. Directs the Secretary to make grants to institutions of higher education that are designed to effect long-range improvement in science and engineering education at predominantly minority institutions and to increase the participation of underrepresented ethnic minorities in scientific and technological careers. Authorizes the Secretary to make grants for the establishment of programs in: (1) minority support in science and engineering; and (2) special service projects. Outlines eligibility and application requirements. Establishes an Advisory Board for the Minority Science and Engineering Improvement Programs to act as an advisory group to such programs. Authorizes appropriations for FY 1987 through 1991. Title XI: Amendment to Title XI of the Act - Amends title XI (Urban Grant University Program) of HEA to replace it with new title XI (Community Partnerships and Economic Development) to direct the Secretary to make grants to urban universities to pay the Federal share of the cost of programs designed to address urban issues. Outlines grant application requirements and grant limitations. Authorizes Federal assistance in the areas of higher education and economic development through the use of planning and research, resource exchange, and certain authorized special projects. Outlines eligibility and application requirements. Authorizes appropriations for FY 1987 through 1991 for carrying out the purposes of this title. Provides assistance to the City University of New York to establish an institute devoted to the study of urban public policy, to be known as the Robert F. Wagner, Sr. Institute of Urban Public Policy. Authorizes appropriations for such purpose. Title XII: Amendments to Title XII of the Act - Revises provisions concerning the treatment of U.S. territories and student assistance to such territories. Extends from 1986 to 1992 the National Advisory Committee on Accreditation and Institutional Eligibility. Revises provisions concerning the disclosure by educational institutions of any foreign gifts or grants received. Requires educational institutions to take steps to guarantee the future payment of tuition and fees to such institution by students who are foreign nationals (and not admitted to permanent residence in the United States).
United States · United States Congress · 31 October 1985
(Measures passed House, amended) Expresses the disapproval of the Congress regarding the deferral of certain proposed budget authority for financial assistance for urban mass transportation needs in Los Angeles, California, set forth in a special message of the President (D86-21) transmitted to the Congress on October 1, 1985.
United States · United States Congress · 24 October 1985
Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 9 October 1985
Fair Labor Standards Amendments of 1985 - Amends the Fair Labor Standards Act of 1938 to allow State, local, or interstate governmental agencies to provide compensatory time in lieu of overtime compensation. Requires that such compensatory time be one and one-half hours for each hour of employment for which overtime compensation is required. Allows such compensatory time only if it is a collective bargaining agreement, memorandum of understanding or other agreement or understanding entered into by the public agency and its employees or their recognized representatives before the work for which the compensatory time is to be provided. Limits the amount of such compensatory time which public employees may accrue to 180 hours, or 480 hours in the case of work which included a public safety activity, an emergency response activity, or a seasonal activity. Requires that public employees who have accrued such compensatory time and requested its use be permitted to use it within a reasonable period after making such request if its use does not unduly disrupt the operations of the public agency. Requires that, upon termination of employment, a public employee who has accrued such compensatory time be paid for unused compensatory time at a rate not less than the average rate received by such employee during the last three years of the employees' employment. Provides that, if a public agency had in effect on April 15, 1986, a pattern or practice of providing its employees compensatory time off in lieu of overtime compensation, that pattern or practice shall constitute an agreement or understanding which meets specified requirements. Provides that a collective bargaining agreement in effect on April 15, 1986, which permits overtime compensation in the form of compensatory time off at a rate of less than one and one-half hours for each hour of employment for which overtime compensation is required shall remain in effect until its expiration date unless otherwise modified, except that compensatory time shall be provided after April 14, 1986, at the one and one-half hour rate. Provides that States, local governments, and interstate governmental agencies shall not be liable for specified overtime and related paperwork violations which occur before April 15, 1986, with respect to employees who would not have been covered under the Secretary of Labor's special enforcement policy in effect on January 1, 1985. Permits States, local governments, or interstate governmental agencies to defer until August 1, 1986, the payment of overtime compensation for hours of employment after April 14, 1986. Adds provisions relating to special detail work for fire protection and law enforcement (including prison security) employees of State, local, or intergovernmental agencies. Provides that those hours on special detail work for a separate or independent employer shall be excluded by the public agency in the calculation of overtime compensation, if the employee agrees, solely at the employee's option, to perform such special detail work. Provides that an employee's hours of part-time employment with a public agency in a substantially different capacity from the employee's regular full-time employment with such agency shall be excluded from the calculation of overtime compensation, if such part-time employment is undertaken on an occasional and sporadic basis and solely at the employee's option. Directs the Secretary of Labor to issue, by March 15, 1986, regulations: (1) defining when employment is done on an occasional or sporadic basis; and (2) prescribing a standard for determining if employment is in a substantially different capacity than other employment. Permits employees of States, local governments, and interstate governmental agencies to volunteer to perform services for any other such agency, including one with which the employing agency has a mutual aid agreement. Adds provisions relating to substitution work by and for fire protection and law enforcement (including prison security) employees of State, local, and intergovernmental agencies. Provides that those hours of substitution during scheduled work hours for a fellow employee shall be excluded by the public agency in the calculation of the substituting employee's overtime compensation, if such employee agrees to perform such substitute work with the public agency's approval and solely at the employee's option. Provides that the employer may not be required to keep a record of the hours of such substitute work under certain overtime recordkeeping requirements. Revises the definition of "employee" to exclude any volunteer for a State, local, or interstate governmental agency who volunteers to perform such services without compensation or for a nominal fee, expenses, or reasonable benefits or for any combination of such fee, expenses, or benefits. Provides that employees of such agencies shall still be considered employees if they volunteer to perform the same type of service for those agencies for which they are employed. Directs the Secretary of Labor to issue, by March 15, 1986, regulations to define nominal fees and reasonable benefits. Provides that, if before April 15, 1986, a public agency's practice was to treat certain persons as volunteers then such persons shall be considered volunteers and not employees until April 15, 1986. Provides that no State, local government, or interstate governmental agency shall be liable for a violation of minimum wage requirements occurring before April 15, 1986, with respect to services performed for the public agency by any individual who performed such services as a volunteer. Revises the definition of "employee" to exclude from coverage under the Act State and local legislative employees who are not legislative library employees. Makes the amendments made by this Act effective on April 15, 1986, but authorizes the Secretary of Labor to promulgate before such date regulations to implement such amendments. Prohibits construing such amendments as affecting whether a State, local government, or interstate governmental agency is liable under penalty provisions of the Act for violations of minimum wage, overtime, or paperwork requirements occurring before April 15, 1986, with respect to any employee who would have been covered by by the Act under the Secretary of Labor's special enforcement policy in effect on January 1, 1985. Requires that a State, local government, or interstate governmental agency be held to have violated specified provisions if it discriminates or has discriminated against an employee with respect to wages or other terms or conditions of employment because on or after February 19, 1985, the employee asserted coverage under overtime provisions.
United States · United States Congress · 2 October 1985
Amends the Small Business Act to provide that a small business shall not be eligible for assistance under the Small Business Administration's (SBA) small business and capital ownership development program or the award of Government procurement contracts under the small business set-aside program unless the Associate Administrator for Minority Small Business and Capital Ownership Development determines that such small business has met not less than 15 percent nor more than 80 percent of specified criteria relating to the competitiveness of such small business. Sets forth: (1) specified criteria and responsibilities for computing the competitiveness of a small business; and (2) circumstances under which such assistance to small businesses or the award of Government procurement contracts shall be denied. Provides that a small business shall be deemed by the SBA to be in the: (1) developmental stage of program participation (with respect to the small business and capital ownership development program) if such small business has met at least 15 percent but less than 70 percent of its criteria of competitiveness; and (2) transitional stage of program participation if such small business has met at least 70 percent of its criteria of competitiveness but has not yet graduated from such program. Defines "graduated". Defines "development investments." Establishes within the Treasury a revolving fund that shall be available to the SBA, without fiscal year limitation, to finance the purchase of development investments from small businesses. Authorizes the Administrator of the SBA to approve joint venture agreements between a small business and another business if such ventures will enhance such small business competitiveness and strengthen the free enterprise system. Sets forth specified conditions with respect to such competition. Provides that a small business that has graduated from the small business and capital ownership development program shall be eligible to receive from the SBA mainstreaming and other specified types of assistance. Prohibits any such assistance to a small business that has achieved or exceeded all of its criteria of competitiveness. Limits to 14 years the period of time that a small business shall be able to receive such assistance. Sets forth specified requirements and procedures with respect to the awarding of Government procurement contracts to small businesses. Requires the SBA within: (1) 60 days after enactment of this Act to conduct meetings with small businesses who participate in the small business and capital ownership development program to ascertain the extent of regulations that are necessary to implement this Act; (2) 120 days after enactment of this Act to publish proposed regulations in the Federal Register; and (3) 210 days after enactment of this Act to publish the final regulations in the Federal Register. Prohibits any SBA employee from performing any of the principal functions of a Business Development Specialist, a loan officer, or a management assistance officer as they relate to this Act unless such employee receives specialized training. Requires the first session of such specialized training to begin within 180 days after enactment of this Act. Repeals a specified section of the Small Business Act relating to the SBA's small business and capital ownership development program.
United States · United States Congress · 1 October 1985
Amends the copyright law to make permanent the prohibition against importing certain English language books not manufactured in the United States and Canada, denying copyright protection to books imported in violation of this restriction (the manufacturing clause).
United States · United States Congress · 20 September 1985
Expresses the sense of the Congress that the President, if the Government of Mexico requests such assistance, should: (1) use existing funds available to the Department of State and the Agency for International Development, including the "borrowing" authority under the Foreign Assistance Act of 1961, to provide disaster relief for the victims of the earthquake in Mexico on September 19, 1985; and (2) submit a request to the Congress for the authorization and appropriation of such additional disaster assistance as may be necessary. Declares that the Congress will give expeditious consideration to any such request for disaster assistance to Mexico.
United States · United States Congress · 19 September 1985
Electronic Communications Privacy Act of 1985 - Title I: Title 18 and Related Matters - Amends the Federal criminal code to extend the prohibition against the unauthorized interception of communications to specified types of electronic communications (present law prohibits only the interception of wire and oral communications). Specifies certain exceptions with respect to electronic communications. Extends such prohibitions to the communications of any provider of electronic communication services (present law extends only to communication common carriers). Prohibits the unauthorized access to an electronic communication system in order to obtain or alter information contained in such system. Imposes criminal penalties for the violation of such prohibition. Prohibits any person or entity providing an electronic communication service from knowingly divulging the contents of any communication carried on that service. Provides for specified exceptions to such requirement. Allows the Attorney General or the prosecuting attorney of any State or political subdivision to apply for disclosure of information contained in an electronic communication service. Specifies that such application shall meet the same requirements as that for an application for the interception of wire or oral communications. Allows any person whose electronic communication is intercepted, disclosed, or used to bring a civil action to recover civil damages. (Present law allows a civil action only for the interception or use of wire or oral communications.) Revises the amount of damages which may be recovered by such civil actions. Specifies a two-year statute of limitations for the commencement of such a civil action. Specifies additional crimes for which interception of wire, oral, or electronic communications can be authorized in the course of the investigation of such crimes. Sets forth additional requirements for applications, court orders, and the implementation of court orders for the interception of such communications. Requires that a court order authorizing such interception shall require that reports of specified information be made not less often than every ten days to the judge who issued such order. Title II: Pen Registers and Tracking Devices - Prohibits the installation or use of a pen register or a tracking device without first obtaining a court order pursuant to this Act or under the Foreign Intelligence Surveillance Act of 1978. Imposes criminal penalties for violations of such prohibition. Defines "pen register" as a device which identifies the numbers dialed or transmitted on the telephone line to which the device is attached. Defines a "tracking device" as an electronic or mechanical device which permits the tracking of the movement of a person or object in circumstances in which there exists a reasonable expectation of privacy. Authorizes Federal and State law enforcement officers having responsibility for ongoing criminal investigations to apply for a court order allowing the installation and use of a pen register or a tracking device. Sets forth procedures for the application for an issuance of a court order allowing the use of a pen register or tracking device. Allows the issuance of such order if, in the case of a pen register, there is reasonable cause to believe that the information likely to be obtained is relevant to a legitimate criminal investigation. Sets forth requirements for the emergency use of a pen register or tracking device without prior court authorization. Requires a communications common carrier, landlord, custodian, or other person to furnish an authorized law enforcement officer information, facilities, and technical assistance necessary to accomplish the installation and use of a pen register or tracking device if such assistance is directed by court order or an emergency installation is authorized. Requires that anyone providing such assistance shall be compensated for any reasonable expenses incurred. Requires any judge issuing or denying an order for the use of a pen register or tracking device to file a report with the Administrative Office of the United States Courts. Requires the Attorney General and the principal prosecuting attorney of a State to report annually to the Administrative Office of the United States Courts concerning the use of pen registers and tracking devices authorized for use in criminal investigations. Requires the Director of the Administrative Office of the United States Courts to report annually to the Congress concerning the use of pen registers and tracking devices. Allows any person who is harmed by a violation of this Act concerning pen registers or tracking devices to bring a civil action to recover civil damages. Specifies the type of damages which may be recovered. Specifies a two-year statute of limitations for the commencement of such a civil action.
United States · United States Congress · 18 September 1985
Education Technology Act - Title I: Evaluations, Dissemination, and Instructional Models - Directs the National Institute of Education (NIE) and the National Science Foundation (NSF) to jointly: (1) evaluate available computer hardware and software in terms of its usefulness in the classroom; and (2) disseminate the results of such evaluation to State and local educational agencies (SEAs and LEAs). Requires, where appropriate, such evaluation to include assessment of the usefulness of computer hardware and software to serve the special needs of certain special populations described under title II of this Act and of the extent to which the software promotes computer use by students of both sexes. Directs NIE and NSF to carry out such evaluation and dissemination functions under grants to or contracts with non-Federal agencies and private nonprofit institutions or organizations. Authorizes appropriations for FY 1986 through 1995 to NSF and NIE for such purpose. Directs NSF to conduct, assist, and foster research and experimentation on, and dissemination of, models of instruction in the operation and use of computers, educational computer software, and curriculum materials. Requires that this be done through grants to or contracts with professional educational, scientific, or engineering organizations, science museums, regional science education centers, public television, SEAs and LEAs, and institutions of higher education, including community colleges. Directs the NSF, in selecting such entities for such grants or contracts, to give priority to those proposals involving specified types of programs (including, among others, programs involving computer libraries, networks, personal microcomputers, or video disc systems). Permits funds available under such grants or contracts to be used to acquire computer hardware and software and manuals for its use. Requires the NSF Director to: (1) report to the Congress annually on the results of such research and experimentation; and (2) in conjunction with NIE, take steps necessary to disseminate information concerning such results to SEAs and LEAs. Authorizes appropriations for FY 1986 through 1995 for such purposes. Subjects the authority to enter into contracts for such purposes to the availability of appropriations therefor. Title II: Teacher Training Institutes - Directs the NSF, with the cooperation of Federal and other appropriate agencies, to arrange for the development and operation of short-term or regular session institutes for advanced study to improve the qualifications of individuals who teach the operation and use of new and evolving technologies (or individuals who are preparing to do such teaching, or who supervise or train such teachers). Requires that this be done through grants to or contracts with the types of entities described under the provisions for research and experimentation in computer instructional models under title I of this Act. Sets forth provisions relating to special populations (as referred to under title I of this Act). Directs NSF, in making such teacher training grants or contracts, to give special consideration to institutes training teachers (or their supervisors or trainers) who are serving or preparing to serve in elementary and secondary schools enrolling substantial numbers of culturally, economically, socially, and educationally handicapped youth or in programs for children of limited English language proficiency. Requires training program applications to indicate that a portion of the funds will be used to instruct enrollees in methods to ensure equal access to and the use of the computer by students from underserved groups, including female students. Makes individuals who attend such teacher training institutes eligible to receive stipends. Authorizes appropriations for FY 1986 through 1995 to carry out this title. Title III: Acquisition of Computer Hardware - Directs the Secretary of Education to allocate assistance from funds under this title to LEAs for the acquisition of computer hardware for use in school classrooms. Directs the Secretary to allocate to SEAs, from five percent of the funds under this title, assistance for monitoring and enforcement. Bases the allocation to LEAs on the number of children aged five to 17 in their school districts, but reduces such allocations to the extent that such assistance has been or would be in excess of the amount necessary to acquire one unit of computer hardware for each 30 children in average daily attendance at an LEA's schools. Sets forth required contents of LEA applications for such assistance. Sets forth requirements relating to SEA approval of such applications. Sets forth State responsibilities, including State applications relating to such assistance, SEA hearings before final disapproval of any LEA application, general administrative responsibilities, and SEA reports to the Secretary. Sets forth requirements relating to the participation of children from private schools. Requires LEAs to provide for such participation, but allows the Secretary to waive such requirement and arrange for provision of such assistance directly, under specified conditions. Authorizes appropriations for FY 1986 through 1988 to carry out this title.
United States · United States Congress · 18 September 1985
National All Terrain Vehicle Safety Act of 1985 - Conditions Federal approval of a State's highway project plans upon enactment of State laws which: (1) set a minimum age of 16 for operators of all-terrain vehicles; (2) require an operator's license for all-terrain vehicles; (3) condition the issuance of an operator's license upon completion of a training course in the safe operation of all-terrain vehicles; and (4) prohibit the operation of all-terrain vehicles on roads and highways in the State.
United States · United States Congress · 1 August 1985
Home Equity Conversions Act of 1985 - Amends the Internal Revenue Code to permit the owner of a residence who has attained the age of 55 to enter into a sale-leaseback transaction with a prospective purchaser of the residence and retain occupancy rights to the residence under a lease requiring a fair rental. Requires the owner of the residence to have owned and used the residence as a principal residence for three of the five years immediately preceding the sale. Allows the purchaser of such residence an income tax deduction for depreciation of the residence. Permits an owner of a residence who sells such residence under a sale-leaseback arrangement to claim the one-time exclusion from income of gain from the sale of a principal residence by an individual aged 55 or older. Excludes from the gross income of such owner the value of any occupancy rights or fair market price discount attributable to retained occupancy rights received in a sale-leaseback transaction. Permits the use of the installment sales method of accounting in reporting gain from the sale of a residence under a sale-leaseback agreement. Provides a special rule for the treatment of an annuity purchased for the owner-occupant under a sale-leaseback transaction. Establishes a legal presumption that a sale-leaseback transaction for the sale of a residence under this Act is an activity engaged in for profit for purposes of the deductibility of certain related business expenses. Exempts the purchaser of a residence under a sale-leaseback agreement from rules disallowing income tax deductions for personal use of a residence. Permits the purchaser in a sale-leaseback transaction of a principal residence to use the accelerated cost recovery system of depreciation.
United States · United States Congress · 1 August 1985
Amends the Federal Tort Claims Act to allow members of the armed forces serving on active duty or on full-time National Guard duty to bring claims for damages against the United States for personal injury or death arising out of medical or dental care furnished by a medical treatment facility operated by the military or the United States.
United States · United States Congress · 1 August 1985
Expresses the sense of the House of Representatives that the appointment by the Secretary of Education of members of the National Advisory and Coordinating Council on Bilingual Education who oppose programs authorized under the Bilingual Education Act meets with the strongest of disapproval by the House of Representatives.
United States · United States Congress · 1 August 1985
Expresses the sense of the House of Representatives that in any amendment of the Internal Revenue Code: (1) education should remain a national priority, receiving at least the current level of tax incentives; and (2) care should be taken to facilitate State and local efforts to raise educational revenues and to encourage individuals to save for educational expenses.
United States · United States Congress · 31 July 1985
Law Enforcement Officers Protection Act of 1985 - Amends the Federal criminal code to define "armor-piercing ammunition." Excludes from the definition: (1) shotgun shot composed in order to comply with Federal or State law; (2) frangible projectiles for target shooting; (3) ammunition containing frangible projectiles; and (4) any ammunition or projectiles which the Secretary of the Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor-piercing ammunition. Allows: (1) the manufacture or importation of armor-piercing ammunition for the use of the United States or any State or local government; (2) manufacture for the sole purpose of exportation; or (3) manufacture or importation for the purposes of testing and experimentation authorized by the Secretary. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor piercing ammunition. Authorizes the Secretary to revoke a license from a dealer for violating this Act. Requires the Secretary of the Treasury to promulgate regulations allowing for special marking on armor-piercing communication and packaging. Establishes an additional mandatory sentence for any person who during and in relation to the commission of a violent crime carries a firearm and is in possession of armor-piercing ammunition capable of being fired by such firearm.
United States · United States Congress · 31 July 1985
Telecommunications Trade Act of 1985 - Directs the Secretary of Commerce to initiate an investigation to identify those countries denying the United States equivalent access to a potentially substantial telecommunications market. Provides for public notice of, and participation in, the decision to initiate an investigation, including a petition process whereby persons may request the Secretary to make a finding regarding certain countries. Requires the Secretary to decide, within 45 days of receiving a petition, whether to initiate an investigation on the basis of the petition. Directs the Secretary, within 60 days of the initiation of an investigation, to: (1) make and explain the preliminary finding; (2) if affirmative, preliminarily recommend enforcement actions; and (3) invite interested parties to comment. Directs the Secretary, within 120 days of the decision to initiate an investigation, to give the President and the public notice of the final finding and, if the final finding is affirmative, the final recommendations. Specifies the factors the Secretary must assess in deciding whether a country is denying equivalent telecommunications market access. Requires the President, within 60 days of a final affirmative finding, to determine appropriate enforcement actions and direct the Federal Communications Commission (FCC) to implement them, unless the President takes one or more specified actions under the Trade Act of 1974. Directs the President to inform the Congress and give public notice of the enforcement actions he or she deems appropriate, including the reasons for any actions differing from those recommended by the Secretary. Directs the Secretary to determine annually whether the action taken effectuates the purposes of this Act and report to the President and the Congress. Authorizes the President to modify, suspend, or augment the enforcement actions. Directs the President to notify the Congress and the public of the results of the Secretary's review and explain steps taken regarding enforcement actions. Directs the Secretary to review annually the potential market for U.S. telecommunications in countries formerly excluded from investigation by their lack of a potentially substantial market. Amends the Communications Act of 1934 to authorize and direct the FCC to implement any enforcement actions which the President determines to be appropriate under this Act.
United States · United States Congress · 31 July 1985
Public Employee Pension Plan Reporting and Accountability Act of 1985 - Imposes disclosure and reporting requirements upon State and local government pension plans. Establishes fiduciary standards for trustees of public employee pension benefit plans. Provides remedies and access to Federal courts. Specifies employee benefit plans which are exempt from this Act. Title I: Reporting and Disclosure - Requires the administrator of each public employee pension benefit plan to submit a registration statement to the appropriate State Governor within one year of enactment of this Act. Exempts a plan from the reporting and disclosure requirements of this Act if a State Governor certifies to the Secretary of Labor that: (1) State requirements are substantially equivalent to those of this Act: (2) the State can adequately administer its requirements; and (3) the State can adequately collect the requisite reports. Requires the Secretary of Labor to terminate any certification if a State is not meeting Federal requirements. Requires the plan administrator to: (1) publish a summary plan description; and (2) furnish such description to plan participants, beneficiaries, and specified persons. Delineates the contents of such summary plan description. Requires such description to: (1) state the rights of participants and beneficiaries; and (2) include an update whenever material modifications are made to the plan. Requires the plan administrator to publish an annual report. Specifies the contents of such report. Directs such administrator to engage an independent qualified public accountant to ascertain whether the financial statements and schedules in the annual report present fairly and in all material respects the information contained in the annual report. Requires the accountant's opinion to be included in the annual report. Requires the annual report to include a financial statement containing specified information, including the most recent annual statement of assets and liabilities of a common or a collective trust held by a bank or similar institution. Requires each plan to maintain a schedule of: (1) all assets held for investment purposes during each plan year; and (2) each transaction involving a party in interest. Requires annual reports to include, with respect to a defined benefit plan, a complete actuarial statement applicable to the appropriate plan year. Directs the plan administrator to engage an enrolled actuary to prepare such statement. Delineates the contents of the actuarial statement. Requires the annual report to include a statement from an insurance organization if any plan benefits are purchased from or guaranteed by such organization. Details the contents of such statement. Requires the enrolled actuary of the plan to make an actuarial valuation at least once every three plan years. Directs the plan administrator to furnish, upon written request of certain persons, a copy of summary plan descriptions and the status of an individual's plan benefits and contributions. Provides guidelines under which the plan administrator is directed to file the annual report with either the Secretary of Labor (the Secretary) or the appropriate State Governor. Authorizes the Secretary or Governor to reject the information filed by the plan administrator, and to take the following actions: (1) retain an independent public accountant to perform an audit; (2) retain an enrolled actuary to prepare an actuarial report; or (3) bring a civil action to enforce this Act. Presents guidelines for notice and review where claims for benefits are denied. Title II: Requirements Relating to Fiduciary Functions - Requires every plan to be established and maintained by written instructions which designate at least one named fiduciary. Details the functions of named fiduciaries and trustees. Established fiduciary and trustee liability. Prohibits certain transactions. Authorizes the Secretary to grant specified exemptions regarding such transactions. Imposes personal liability upon fiduciaries who fail to meet the fiduciary requirements, including removal for specified violations. Prohibits persons who have been convicted of, or imprisoned for, certain offenses from holding specified positions. Requires plan fiduciaries to be bonded. Specifies exceptions. Sets forth guidelines for the bonding procedure. Sets a limitation on actions which may be brought regarding failure to meet fiduciary requirements. Title III: Administration and Enforcement - Authorizes civil actions to redress violations of this Act. Imposes personal liability upon: (1) a plan administrator who fails to comply with a request for information; or (2) any person who fails to file required forms. Authorizes a plan to sue or be sued. Grants the U.S. district courts exclusive jurisdiction of civil actions brought under this Act. Grants concurrent jurisdiction to State courts and Federal district courts for specified actions. Authorizes the Federal district court to award reasonable attorney's fees under certain circumstances. Provides that suits brought against the Secretary may be brought in Federal district court. Authorizes the Secretary or appropriate State official to assess and collect a civil penalty against a party in interest who has engaged in a prohibited transaction. Grants such Secretary and State official investigative powers to determine violations of this Act. Details the extent of such powers. Authorizes the Secretary to prescribe regulations to administer this Act. Directs such Secretary to cooperate with State and local governments regarding the exchange of data and information. Prohibits interference with the exercise of rights by a plan participant or beneficiary. Establishes an Advisory Council on Governmental Plans, comprised of eleven members appointed by the President. Requires Council members to be qualified to appraise the plans falling under this Act. Requires the Council to: (1) report to the President and each House of Congress regarding implementation of this Act with possible recommendations for legislation; (2) advise the Secretary and make recommendations; and (3) monitor the costs incurred by plans under this Act and recommend cost reduction measures. Directs the Secretary to furnish staff services to the Council. States that this Act supersedes any State laws regarding public employee pension benefits plans. Specifies exceptions. Authorizes appropriations.
United States · United States Congress · 31 July 1985
Public Employee Pension Plan Reporting and Accountability Act of 1985 - Imposes disclosure and reporting requirements upon State and local government pension plans. Establishes fiduciary standards for trustees of public employee pension benefit plans. Provides remedies and access to Federal courts. Specifies employee benefit plans which are exempt from this Act. Title I: Reporting and Disclosure - Requires the administrator of each public employee pension benefit plan to submit a registration statement to the appropriate State Governor within one year of enactment of this Act. Exempts a plan from the reporting and disclosure requirements of this Act if a State Governor certifies to the Secretary of Labor that: (1) State requirements are substantially equivalent to those of this Act; (2) the State can adequately administer its requirements; and (3) the State can adequately collect the requisite reports. Requires the Secretary of Labor to terminate any certification if a State is not meeting Federal requirements. Requires the plan administrator to: (1) publish a summary plan description; and (2) furnish such description to plan participants, beneficiaries, and specified persons. Delineates the contents of such summary plan description. Requires such description to: (1) state the rights of participants and beneficiaries; and (2) include an update whenever material modifications are made to the plan. Requires the plan administrator to publish an annual report. Specifies the contents of such report. Directs such administrator to engage an independent qualified public accountant to ascertain whether the financial statements and schedules in the annual report present fairly and in all material respects the information contained in the annual report. Requires the accountant's opinion to be included in the annual report. Requires the annual report to include a financial statement containing specified information, including the most recent annual statement of assets and liabilities of a common or a collective trust held by a bank or similar institution. Requires each plan to maintain a schedule of: (1) all assets held for investment purposes during each plan year; and (2) each transaction involving a party in interest. Requires annual reports to include, with respect to a defined benefit plan, a complete actuarial statement applicable to the appropriate plan year. Directs the plan administrator to engage an enrolled actuary to prepare such statement. Delineates the contents of the actuarial statement. Requires the annual report to include a statement from an insurance organization if any plan benefits are purchased from and guaranteed by such organization. Details the contents of such statement. Requires the enrolled actuary of the plan to make an actuarial valuation at least once every three plan years. Directs the plan administrator to furnish, upon written request of certain persons, a copy of summary plan descriptions and the status of an individual's plan benefits and contributions. Provides guidelines under which the plan administrator is directed to file the annual report with either the Secretary of Labor (the Secretary) or the appropriate State Governor. Authorizes the Secretary or Governor to reject the information filed by the plan administrator, and to take the following actions: (1) retain an independent public accountant to perform an audit; (2) retain an enrolled actuary to prepare an actuarial report; or (3) bring a civil action to enforce this Act. Presents guidelines for notice and review where claims for benefits are denied. Title II: Requirements Relating to Fiduciary Functions - Requires every plan to be established and maintained by written instruments which designate at least one named fiduciary. Details the functions of named fiduciaries and trustees. Establishes fiduciary and trustee liability. Prohibits certain transactions. Authorizes the Secretary to grant specified exemptions regarding such transactions. Imposes personal liability upon fiduciaries who fail to meet the fiduciary requirements, including removal for specified violations. Prohibits persons who have been convicted of, or imprisoned for, certain offenses from holding specified positions. Requires plan fiduciaries to be bonded. Specifies exceptions. Sets forth guidelines for the bonding procedure. Sets a limitation on actions which may be brought regarding failure to meet fiduciary requirements. Title III: Administration and Enforcement - Authorizes civil actions to redress violations of this Act. Imposes general liability upon: (1) a plan administrator who fails to comply with a request for information; or (2) any person who fails to file required forms. Authorizes a plan to sue or be sued. Grants the United States district courts exclusive jurisdiction of civil actions brought under this Act. Grants concurrent jurisdiction to State courts and Federal district courts for specified actions. Authorizes the Federal district court to award reasonable attorney's fees under certain circumstances. Provides that suits brought against the Secretary may be brought in Federal district court. Authorizes the Secretary or appropriate State official to assess and collect a civil penalty against a party in interest who has engaged in a prohibited transaction. Grants such Secretary and State official investigative powers to determine violations of this Act. Details the extent of such powers. Authorizes the Secretary to prescribe the regulations to administrator this Act. Directs such Secretary to cooperate with State and local governments regarding the exchange of data and information. Prohibits interference with the exercise of rights by a plan participant or beneficiary. Establishes an Advisory Council on Governmental Plans, comprised of eleven members appointed by the President. Requires Council members to be qualified to appraise the plans falling under this Act. Requires the Council to: (1) report to the President and each house of the Congress regarding implementation of this Act with possible recommendations for legislation; (2) advise the Secretary and make recommendations; and (3) monitor the costs incurred by plans under this Act and recommend cost reduction measures. Directs the Secretary to furnish staff services to the Council. States that this Act supersedes any State laws regarding public employee pension benefits plans. Specifies exceptions. Authorizes appropriations. Title IV: Matters Relating to the Internal Revenue Code of 1954 Affecting Public Employee Pension Benefit Plans - Amends the Internal Revenue Code to exempt public employee pension benefit plans from: (1) the limitation on benefits and contributions; (2) taxation; and (3) the application of tax on prohibited transactions. Treats certain information requirements as satisfying the directive of the Code if a public employee pension benefit plan meets specified requirements of this Act.
United States · United States Congress · 30 July 1985
Comprehensive Nuclear Weapons Freeze and Arms Reduction Act of 1985 - Expresses the sense of the Congress that the President should immediately invite the Soviet Union to enter into negotiations with the United States which seek an agreement on a comprehensive freeze (a bilateral and adequately verifiable halt by the United States and the Soviet Union in all testing, production, and deployment of nuclear weapons systems). Declares the President should inform the Soviet Union of the U.S. intention to engage in a bilateral halt in the testing, production, and deployment of nuclear weapons systems. Expresses the sense of the Congress that: (1) both during and after negotiations for a comprehensive freeze the President should pursue reductions in nuclear arsenals; and (2) a comprehensive freeze is entirely consistent with, and an essential part of mutual stabilizing reductions in nuclear forces. Requires both the Senate and the House Intelligence Committees to begin oversight hearings on verification procedures for the comprehensive freeze. Sets forth which committees and subcommittees may have members participate in such hearings. Requires the Intelligence Committees to report to their respective Houses within six months of enactment of this Act on the adequacy of U.S. monitoring systems and existing procedures for verifying Soviet compliance with the comprehensive freeze. Requires the reports to include: (1) an assessment of the nature and extent of Soviet activities and installations involved in the testing, production, and deployment of nuclear weapons systems; (2) an assessment of current U.S. capabilities to monitor threatening changes in the status of Soviet nuclear forces under the comprehensive freeze; and (3) an assessment of additional monitoring systems and cooperative procedures that may be needed to increase monitoring confidence of compliance. Requires the Director of the U.S. Arms Control and Disarmament Agency to begin preparing an operational plan for implementation of the comprehensive freeze. Requires the Director to report to the Congress on the plan within nine months of enactment of this Act. Requires the report to specify: (1) procedures for the cessation of activities and closure or conversion of facilities affected by the comprehensive freeze; (2) a program for the retraining and re-employment of Government and defense industry personnel directly affected by the termination of nuclear weapons-related activities; and (3) a program of economic adjustment assistance for adversely affected communities. Directs the President to submit semi-annual reports to the Congress on: (1) the status of U.S. and Soviet negotiation efforts; (2) Soviet military activities relating to the testing, production, and deployment of nuclear weapons systems; and (3) any uncertainties concerning verification of the comprehensive freeze, the status of efforts to reduce those uncertainties, and the national security implications of those uncertainties. Imposes the following restrictions on nuclear testing, deployment, and production only if the Soviet Union, within a specified time, informs the President that the Soviet Union will observe a bilateral halt in the testing, production, and deployment of nuclear weapons systems. Prohibits obligating or spending appropriations for testing, producing, or deploying nuclear weapons systems, unless the Congress expressly provides otherwise. Allows the testing and deployment of specified nuclear missiles for a limited time. Sets forth the effective dates of such restrictions. Authorizes the President to request the Congress to remove the funding restrictions on the testing, production, and deployment of nuclear weapons systems only if the President certifies to the Congress that: (1) the Soviet Union has failed to demonstrate a restraint with respect to nuclear weapons systems which corresponds to the restraint being shown by the United States; or (2) continuation of the funding restrictions would cause significant and irreparable damage to U.S. national security. Provides for expedited congressional consideration of such a request by the President.
United States · United States Congress · 30 July 1985
Amends title XVIII (Medicare) of the Social Security Act to direct the Director of the Office of Technology Assessment to annually review changes affecting the cost of surgical procedures for the implantation of artificial devices and organs for which Medicare makes payments: (1) in medical technology, skill, and procedures; and (2) in the costs of artificial devices and organs. Directs the Director to recommend to the Secretary of Health and Human Services changes in the amounts that should be recognized as reasonable for purposes of Medicare payments.
United States · United States Congress · 30 July 1985
Elderly Crime Prevention and Victim Assistance Act of 1985 - Establishes in the Office of Justice Programs of the Department of Justice the National Resource Office Relating to Crimes Against Older Individuals. Provides for the appointment of an administrator from the employees of the Department of Justice to head such office. Requires the administrator to coordinate activities of the Department of Justice relating to training of law enforcement officers, financial assistance for older victims, compilation of statistical information, and research with regard to crimes committed against the elderly. Requires the administrator to: (1) establish a liaison with all Federal departments and agencies involved with programs for older persons who are or may become victims of crimes; (2) disseminate information regarding such programs and assistance; and (3) provide technical assistance to reduce or prevent the committing of crime against older individuals.
United States · United States Congress · 30 July 1985
Amends the Communications Act of 1934 to direct the Federal Communications Commission to: (1) establish regulations necessary to ensure access (currently, reasonable access) to telephone service by persons with impaired hearing; and (2) require that all telephones (currently, essential telephones) provide internal means for effective use with hearing aids specially designed for telephone use. Repeals a provision directing the Commission to consider the costs and benefits to all telephone users when making rules concerning telephone service for the disabled.
United States · United States Congress · 26 July 1985
Occupational Disease Compensation Act of 1985 - Establishes a Federal program for occupational disease compensation for the death or disability of workers or their dependents which is caused by work-related exposure to asbestos or to other toxic substances (to be designated later). Makes such compensation compulsory and nonelective and the claimant's exclusive remedy with respect to any employer, such employer's insurance carrier, or the collective bargaining agent of such employer's employee, and any employee, officer, director or agent of such persons. Provides that such compensation shall not constitute the exclusive remedy with respect to any "third party." Provides that these exclusive remedy provisions shall neither: (1) terminate any lawsuit pending on the effective date of this Act; nor (2) preclude such a suit after such date if the suit claims that the employer, with knowledge of the associated health hazards nonetheless intentionally or with reckless indifference exposes its employees to unsafe levels of asbestos or any other toxic substance or substances. Allows compensation claims under this Act for such death or disability occurring at any time prior to, on, or after the effective date of this Act. Requires compensation to be paid retroactively to the date of death or of onset of disability. Provides that, for purposes of claims relating to additional toxic substances designated under this Act, the "effective date of this Act" shall be construed to mean the effective date of such designation. Bars any third party or the Fund established under this Act from suing for indemnification, contribution, or other monetary damages against any party immune from suit by a claimant under this Act. Bars employers, insurance carriers, and the Fund from having a lien or any right of subrogation, upon any judgment rendered in any third party liability action brought by an employee or dependent. Provides, however, that any monetary benefits for death or disability received by the claimant in a third party liability action shall be reduced by the amount of any monetary benefits received under this Act. Makes this Act inapplicable to claims otherwise covered under the Longshore and Harbor Worker's Compensation Act (Longshore Act) or the Employers Liability Act. Provides that compensation under this Act shall cover death and total, partial, permanent, and temporary disabilities. Sets forth formulas for determining monetary benefits under this Act. Provides that for death benefits or total disability benefits shall be the greater of: (1) two-thirds of the employee's average weekly wage (up to 200 percent of the national average); or (2) four-fifths of the national manufacturing (or construction, if applicable) average weekly wage. Provides for distribution of death benefits to survivors. Provides that partial disability benefits shall be that portion of total disability benefits which is greater if determined: (1) from the degree of impairment; or (2) by the percentage reduction in physical capacity to engage in similar work. Provides for redetermination of such partial disability payments. Provides for medical benefits for all reasonable and necessary associated medical costs. Provides for monetary benefits for the death or disability of dependents (to be calculated on the basis of formulas similar to those described above, as applied to the dependent's wages). Provides for annual adjustments in monetary benefits, up to six percent per year, to reflect increases in the national average manufacturing or construction wage. Requires that any monetary benefits for death or disability under this Act be reduced by the amount of any monetary benefit received by a claimant at the same time under a State worker's compensation law or under the Longshore Act for a similar claim. Prohibits, except as otherwise provided in this Act, any maximum limitation on the total amount or duration of monetary benefits for death or disability or medical benefits (or their type or extent). Declares ineffective any comprise or release of monetary or medical benefits unless the Secretary of Labor (the Secretary) determines it is in the best interest of the claimant (and sufficient to provide for future medical care). Declares ineffective under any circumstances any waiver or release relating to future coverage or compensation under any State workers' compensation law or under this Act that is executed prior to the death or onset of disability resulting from any exposure to a toxic substance. Sets forth eligibility criteria for compensation. Requires the employee's work-related exposure to a toxic substance to have significantly contributed to or aggravated the disability or death of the employee or the employee's dependent. Sets forth presumptions with respect to claims of employees and dependents based on exposures to asbestos. Establishes a conclusive presumption that the following diseases result from exposure to asbestos: (1) mesothelioma of the pleura or peritoneum; (2) asbestosis; and (3) lung cancer in cases where evidence of certain asbestotic changes is presented or, in the absence of such evidence, where the claimant can establish a certain duration exposure (provides only a nonconclusive presumption in the absence of such evidence or duration). Sets forth various durations of exposure to asbestos which result in such conclusive presumption in lung cancer cases involving insulation workers, shipyard workers, chemical plant workers, and other workers. Provides that such presumptions shall not apply in cases of cancers occurring less than ten years after the employee or dependent was first exposed. Sets forth procedures for making claims. Requires filing of a claim with the appropriate Office of Workers' Compensation Programs within three years of the death or onset of disability with the following exceptions. Allows asbestos-exposure claims with respect to deaths or onset of disability which occurred prior to the effective date of this Act to be filed within two years after such date. Allows claims based on exposure to a toxic substance designated under procedures established by this Act to be filed within three years after the effective date of such designation. Provides that the time for filing a claim shall only begin to run when the employee is disabled or has died and the employee or claimant is aware or should have been aware through the exercise of reasonable diligence, of the casual relationship between the workplace exposure and the disability or death. Allows two years for filing after a disability becomes compensable, in those cases where a timely claim was filed before the disability was compensable. Prohibits any limitations on filing which are based on: (1) length of time since last employment or exposure, or (2) the exposure's duration or intensity. Sets forth procedures for claim adjudication. Provides for claim processing, investigation, and evaluation by the Office of Workers' Compensation Programs (the Office). Provides that the administrative law judges in hearings on such claims shall have the same powers as those under the Longshore Act. Allows disability awards to be made after the death of the disabled employee or dependent. Provides for referral of claims to another district of the Office for specified purposes. Sets forth provisions for appeals. Makes a compensation order effective on the date it issued, and final unless the claimant or the Secretary files a petition for review with the Benefits Review Board (the Board) within 30 days after such date. Sets forth evidence standards for such review. Makes any final order of the Board enforceable and reviewable in accordance with specified provisions of the Longshore Act. Establishes the Exclusive Federal Occupational Disease Workers Compensation Insurance Fund (the Fund). Directs the Secretary to administer the Fund in order to: (1) insure all employers and toxic substance market participants against liability for occupational disease and death resulting from occupational disease sustained by employees compensable under this Act; and (2) provide compensation and benefits to such employees and their dependents. Defines "toxic substance market participants" (participants) as present or former manufacturers, mine operators, processors, refiners, importers, distributors, or other enterprises (including growers, where appropriate) involved in the commercial or industrial production of: (1) asbestos; or (2) any toxic substance designated by the Secretary under this Act. Makes the Fund responsible for the payment of all compensation with respect to claims under this Act. Requires employers or participants to be insured by the Fund in order to be entitled to the limitations on liability provided under this Act. Directs the Secretary to determine and notify, by individual or general notice, all employers and participants required to become insured by the Fund. Allows any other employers or participants to petition the Secretary and, if approved, become insured by the Fund. Provides for establishment of Fund insurance premiums. Directs the Secretary to determine the annual aggregate of insurance necessary to cover anticipated claims for the following year and administrative costs. Directs the Secretary to use certain allocation formulas in determining the proportions of insurance premiums to be provided by employers and participants. Directs the Secretary to suspend, after notice and opportunity for hearing, Fund agreements with employers or participants if they fail to: (1) obtain and maintain Fund insurance; (2) pay the applicable premium; or (3) comply substantially with this Act or regulations promulgated under it. Authorizes the Secretary to: (1) bring civil actions in the appropriate U.S. district court to require employers or participants to obtain and maintain Fund insurance and to pay applicable premiums; and (2) assess civil penalties against employers or participants who fail to do so. Provides that the following entities are liable for and shall be insured by the Fund in the same manner as would have been payable by the prior operator of a toxic market substance participant with respect to its operations prior to January 1, 1940: (1) any person who on or after such date, has acquired or acquires that participant or substantially all its assets; and (2) any other entity which was the operator of such participant or the owner of its assets on or after such date. Makes a participant liable for the total amount of its liability for contributions under this Act without regard to whether: (1) it is or has been a debtor in a bankruptcy case; or (2) any plan, discharge, or judgment is or has been confirmed, granted, or entered in such case. Treats the successor corporation or other business entity from a reorganization, merger, consolidation, or division of a participant, or the parent corporation into which a participant has been liquidated, as the participant to which Fund provisions apply. Makes the Fund responsible for payment of an annual fee to the Secretary in an amount determined by the Secretary to represent the Federal administrative costs of operations necessary to establish and maintain the compensation and benefit system established under this Act. Sets the maximum amount of such fees at an amount equal to: (1) ten percent of the annual aggregate of coverage for claims payments (to be used to cover program administration costs); and (2) one percent of such annual aggregate (to be used for the research program on surveillance and medical treatment of occupationally-related diseases established under this Act). Sets forth provisions relating to compensation payments, their frequency and duration, information concerning them, their suspension, and penalties for late payments. Sets forth provisions relating to representation fees in claim cases under this Act. Provides for determination and payment of such fees and witnesses expenses. Sets criminal penalties for receipt of such fees or other consideration or gratuities without approval of the Office, the Board, or the appropriate court. Prohibits discrimination by any participant or other employer, insurance carrier, or other person against any employee because of: (1) claims filed under this Act; (2) proceedings brought under or related to this Act, or suits brought for damages resulting from occupational exposure to a toxic substance; (3) disability caused by such exposure; (4) previous employment with a toxic substance market participant; or (5) exposure or possible exposure to a toxic substance. Sets forth civil penalties for such discrimination, procedures for review of alleged discrimination, and requirements for reinstatement with back pay and benefits. Prohibits any provider or insurer of health care coverage from excluding from coverage any worker or family member on the basis of that person's inclusion in a population at risk. Directs the Secretary of Health and Human Services (HHS), in coordination with the Secretary, to conduct research into improving the means of: (1) surveillance of workers exposed to occupational health hazards; and (2) medical treatment of workers exposed to occupational hazards. Sets forth requirements relating to such research. Provides that all such research be conducted with funds available under provisions for Fund payment of administratives fees under this Act. Authorizes the Secretary of HHS, in carrying out such research, to engage the services of experts and consultants. Establishes regulatory procedures by which workers suffering from occupational exposure to other toxic substances (besides asbestos) may be brought under coverage by this Act. Directs the Secretary to promulgate and revise, as may be appropriate and in accordance with specified procedures, regulations providing that this Act may provide compensation to such workers. Establishes the Risk Assessment Panel, within the National Institute for Occupational Safety and Health, to review medical and scientific studies and reports relating to occupational diseases and to recommend inclusion of such exposure as compensable under this Act in accordance with specified guidelines for such findings. Requires the Panel to undertake as its first priority the designation of populations exposed to agents or processes for which there already exists a permanent standard issued under specified provisions of the Occupational Safety and Health Act. Requires the Panel to consider, act, and transmit to the Secretary their findings on these agents and processes within one year. Sets forth deadlines for Panel reports to the Secretary, the Secretary's publication for comment of proposed regulations, Panel review, and the Secretary's publication of final regulations. Requires the Director of the Office of Workers' Compensation Programs to establish a separate task force within that Office for administering claims filed under this Act. Permits eventual integration of the work of such task force with the remainder of the Office under specified conditions. Sets forth standards for review of Office orders under this Act by the Benefits Review Board. Sets forth administrative provisions for the Fund. Grants the Secretary the authority to bring an action in the proper U.S. district court to enjoin violations of this Act or of any rule or regulation under this Act. Directs the Secretary and the Risk Assessment Board to devise and implement a Federal uniform recordkeeping system, including, where appropriate and useful, registries of populations and individuals exposed to toxic substances and processes. Requires annual reports by employers for purposes of such recordkeeping program. Requires the Secretary to implement, directly and by grants to employer and employee groups, education programs on the rights and obligations of employers and employees under this Act. Directs the Secretary to support an Educational Advisory Committee with equal representation by the Secretary, employers, and employees to define guidelines and policy for such an education program. Requires that such grant applications be peer reviewed based on the system in place at the National Institute of Health. Sets forth separability provisions.
United States · United States Congress · 26 July 1985
Expresses the sense of the House of Representatives that the President should instruct the U.S. Ambassador to the United Nations to vote in favor of a French and Danish resolution calling for the imposition of voluntary sanctions against South Africa, the lifting of the state of emergency there, and the release of its political prisoners.
United States · United States Congress · 25 July 1985
Confirms title in specified lands in California and Nevada which were transferred to such States by the Federal Government, conveyed by such States to third parties, and were determined in a border dispute resolution to be a part of a State other than the State which conveyed the title.
United States · United States Congress · 23 July 1985
Directs the Secretary of Health and Human Services to provide, with respect to Medicare (title XVIII of the Social Security Act) payment for lens implantation procedures, that the amount recognized as reasonable may not exceed a percentage (specified by the Secretary and which must be less than 100 percent) of the applicable adjusted DRG prospective payment rate with respect to discharges classified under the diagnosis-related group for lens implantation. Requires a report to the Congress.
![Official portrait of Rep. Hawkins, Augustus F. [D-CA-29]](https://www.congress.gov/img/member/h000367_200.jpg)