United States · United States Congress · 25 April 1985
Jesse Gray Housing Act - Title I: Housing Provisions - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development to carry out a program for the construction of 500,000 new dwelling units in public housing during each of FY 1987 through 1996. Directs the Secretary to: (1) make grants to public housing agencies; and (2) enter into contracts with public housing agencies for annual contributions. Limits the aggregate amount of budget authority obligated under such contracts entered into in any fiscal year. Provides a formula for the determination of the applicable amounts of such grants and contributions for FY 1987 through 1995 based on the consumer price index. Authorizes appropriations for FY 1987 through 1996. Requires the Secretary to make available financial assistance for public housing projects, especially projects that the Secretary determines would likely have been subject to demolition or other disposition. Increases the aggregate amount of budget authority permitted for contracts for annual contributions by the amount necessary for the revitalization of 100,000 public housing units in each of FY 1987 through 1996. Prohibits the Secretary from approving an application by a public housing agency for permission to demolish or dispose of all or part of a public housing project. (Currently, such approval is permitted if the Secretary makes certain determinations.) Requires each public housing agency to carry out a program of job training and employment of unemployed individuals residing in the vicinity of public housing projects in connection with any construction and revitalization of public housing. Directs each such program to give preference to such individuals who reside in public housing. Gives percentage guidelines of employment positions and job training positions for such individuals. Reduces lower income rent contribution amounts under the National Housing Act, the United States Housing Act of 1937, the Housing Act of 1949, the Housing and Urban Development Act of 1965, and the Housing and Urban-Rural Recovery Act of 1983. Excludes welfare or social security cost-of-living adjustments from such adjusted income determinations. Directs the Secretary to submit to the Congress a comprehensive report concerning proposed limitations on Federal housing assistance to ensure that Federal housing assistance funds benefit only lower income families. Title II: Tax Imposed on Employers of Ten or More Employees - Amends the Internal Revenue Code to impose a wage-based excise tax on employers of ten or more employees. Establishes the National Housing Trust Fund in the Treasury to be used for grants and annual contributions for the construction of public housing. Directs the Secretary of the Treasury to deposit into the Fund an amount equal to the taxes received as a result of such excise tax.
United States · United States Congress · 23 April 1985
Authorizes the President, on behalf of the Congress, to present a gold medal honoring George Gershwin to his sister, Frances Gershwin Godowsky, and a gold medal honoring Ira Gershwin to his widow, Lenore Gershwin. Directs the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 18 April 1985
Authorizes the President to call a White House Conference on Library and Information Services, to be held not later than 1989, to develop recommendations for improvement of such services and their public use. Requires that the Conference be planned and conducted by the National Commission on Libraries and Information Sciences. Authorizes the Librarian of Congress, the Director of the National Library of Medicine, and the Director of the National Agricultural Library, upon request, to detail personnel to the Commission. Requires the Conference to submit a final report to the President within 120 days following its close. Directs that the final report be made public, and within 90 days after receipt by the President, transmitted to the Congress with recommendations. Establishes an advisory committee to assist in planning and conducting the Conference. Includes among its appointed members the Secretary of Education and the Librarian of Congress. Authorizes appropriations as necessary.
United States · United States Congress · 18 April 1985
Expresses the sense of the Congress that the public schools of the United States should be encouraged to include a study of the Holocaust in their history curricula.
United States · United States Congress · 18 April 1985
Expresses the sense of the Congress that the President should cancel his planned visit to the Bitburg Cemetery out of respect for the millions who suffered and died at the hands of the SS and the Nazis.
United States · United States Congress · 17 April 1985
Food Assistance and Africa Agriculture Act of 1985 - Title I: Authorization of Appropriations - Amends the Foreign Assistance Act of 1961 to authorize appropriations for: (1) the International Fund for Agricultural Development; and (2) the International Fund for Agricultural Development for its Special Program for Sub-Saharan Countries Affected by Drought and Desertification for each of FY 1986 through 1989. Title II: Appropriations for Fiscal Year 1986 - Makes appropriations for FY 1986 for: (1) expenses for agricultural commodities supplied in connection with dispositions abroad pursuant to the famine relief provisions of the Agricultural Trade Development and Assistance Act of 1954; and (2) the U.S. contribution to the International Fund for Agricultural Development and for the Fund's Special Program for Sub-Saharan Countries Affected by Drought and Desertification.
United States · United States Congress · 4 April 1985
Requires the initial report of the National Drug Enforcement Policy Board to include: (1) a comprehensive assessment of the current and potential contribution of synthetic narcotic analogs (designer drugs) to the illegal narcotics problem in the United States; (2) proposals for illegal drug law enforcement strategies to prevent the manufacture and distribution of synthetic narcotic analogs; and (3) recommendations to the Congress for necessary legislation to eliminate the manufacture and distribution of illegal synthetic narcotic analogs.
United States · United States Congress · 4 April 1985
Federal Drug Law Enforcement Agent Protection Act of 1985 - Amends the Controlled Substances Act to authorize awards of up to $100,000 to any individual who provides original information which leads to the arrest and conviction of a person who kidnaps or kills a Federal drug law enforcement agent. Provides that the money for such rewards be taken from the forfeiture proceeds within the Department of Justice.
United States · United States Congress · 4 April 1985
Makes it a Federal criminal offense for any person to possess a readily convertible firearm (a machine gun). Provides for a fine of not more than $250,000 or imprisonment for not more than ten years or both. Establishes an exception regarding the use of such firearm by the United States or by a State or local agency. Allows for a 90-day transition period before the prohibition takes effect. Authorizes the Secretary of the Treasury to purchase during the applicable transition period any such firearm at a price not greater than fair market value. Requires the Secretary to notify persons possessing such firearms of the provisions of this Act.
United States · United States Congress · 4 April 1985
Amends the Library Services and Construction Act (the Act) to revise the definitions of "long-range program" and "Indian tribe." Makes specified requirements for maintenance of funding levels for public library systems applicable to Hawaiian native programs. Provides that, for purposes of basic State plan requirements, "limited English-speaking proficiency" shall be determined according to its definition under the Bilingual Education Act. Specifies that certain references under provisions relating to administrative costs are to titles I, II, and III of the Act. Excludes the amount made available for Indian tribes and Hawaiian natives from certain determinations for purposes of reservation of portions of State allotments for major urban resource libraries. Makes inapplicable in the case of Indian tribes and Indians in California, Oklahoma, and Alaska any provisions of title IV (Library Services for Indian Tribes) which require that services be provided on or near Indian reservations, or to only those Indians who live on or near Indian reservations. Amends the General Education Provision Act to authorize appropriations for the Minority Institutions Science Improvement Program for FY 1985 and 1986. Amends the Harry S Truman Memorial Scholarship Act to remove the dollar limitation on stipends paid under such Act. Authorizes the Harry S Truman Scholarship Foundation to prescribe regulations governing the amount of such stipends.
United States · United States Congress · 4 April 1985
Financial Services Access Act - Requires each federally insured depository institution to offer at least one type of account which: (1) is available only to individuals who have $1,000 or less on deposit; (2) requires direct deposit of all recurring Federal payments to the individual; (3) provides notification of the receipt of a direct deposit; (4) has no minimum balance requirements and no service charges or fees for routine transactions; (5) limits an individual to ten transactions a month; (6) requires the institution to provide a monthly statement or passbook listing all account transactions; (7) does not restrict the individual to the use of automated teller machines or other non-teller services; and (8) pays interest. Requires an institution, on request, to provide an individual a summary description of such account offered by such institution. Requires the Board of Governors of the Federal Reserve System to pay interest to depository institutions on all reserves required for such accounts. Amends the Community Reinvestment Act of 1977 to require the appropriate Federal financial supervisory agency to assess an institution's compliance with this Act when examining such institution. Provides for the administrative enforcement of the requirements of this Act by the appropriate Federal banking agencies.
United States · United States Congress · 4 April 1985
National Nehemiah Housing Opportunity Act - Authorizes the Secretary of Housing and Urban Development to provide grants to nonprofit organizations to: (1) carry out a Nehemiah housing opportunity program of construction or substantial rehabilitation of homes; and (2) provide interest-free loans to lower-income families for the purchase of such homes. Limits Federal assistance to $15,000 per home. Sets forth assistance and eligibility provisions. Establishes in the Treasury the Nehemiah Housing Opportunity Fund. Directs the Secretary to report annually to the Congress. Authorizes FY 1986 appropriations.
United States · United States Congress · 4 April 1985
Renewable Energy and Conservation Transition Act of 1985 - Title I: Extension of Business Energy Credits - Amends the Internal Revenue Code to extend the energy investment tax credit for solar energy property from 1985 to 1990. Sets the amount of such credit during such period at 15 percent for low temperature solar property and 25 percent for all other solar property. Extends the energy investment tax credit for wind property from 1985 to 1988. Sets the amount of such credit at: (1) ten percent during 1986 and 1987; and (2) five percent during 1988. Extends the energy investment tax credit for geothermal property and biomass property from 1985 to 1988. Extends the energy investment tax credit for ocean thermal property from 1985 to 1990. Revises the definition of "solar property" for purposes of such tax credit. Sets forth special rules for geothermal equipment to qualify for such credit. Title II: Affirmative Commitment Rule to Extend the Business Credit for Certain Long-Term Projects - Extends the time period during which an affirmative commitment must be made in order for long-term energy projects to be eligible for the energy investment tax credit. Allows such extension: (1) from 1990 to 1993 for solar energy property; (2) from 1988 to 1990 for geothermal energy property; and (3) from 1985 to 1990 for hydroelectric generating property. Title III: Extension of Residential Energy Credits - Extends the residential energy income tax credit for solar renewable energy property from 1985 to 1990. Phases out such credit over such period of time. Provides that solar hot water systems and active space heating systems must meet certain additional standards in order to qualify for such credit. Extends the residential energy income tax credit for wind renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Extends the residential energy income tax credit for geothermal renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Revises the definition of geothermal deposits for purposes of such credit. Revises the definition of energy conservation expenditures for purposes of the residential energy income tax credit to limit the amounts taken into account to $700. Limits the energy conservation income tax credit to taxpayers with an adjusted gross income of less than $30,000. Title IV: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 3 April 1985
Hazardous Waste Safety and Technology Incentive Act of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) to require each State to develop and adopt a plan to assure the availability of adequate capacity to treat or dispose of all hazardous waste reasonably anticipated to be generated in such State during the next 20 years. Requires such plans to include timetables and schedules for the construction and operation of treatment and disposal facilities. Requires emissions standards for such facilities to conform with applicable State and Federal laws and to be sufficient to protect human health and the environment. Prohibits the construction or operation of new landfills. Requires the Administrator of the Environmental Protection Agency's (EPA) approval of such plans within two years. Provides for resubmittal of rejected plans. Prohibits the expenditure of Superfund monies for remedial action after four years if a State is not in compliance with an Administrator-approved plan. Amends the Solid Waste Disposal Act to prohibit the issuance of a hazardous waste facility permit unless the owner or operator of the facility enters into a siting agreement with the Administrator specifying the terms and conditions applicable to such facility, including construction, maintenance, monitoring procedures, and a relationship with and financial obligation to the local government. Amends Superfund to direct the Administrator to establish a national research and development program to develop advanced technologies to reduce the risks associated with hazardous waste disposal. Sets forth the components of such program. Limits the amount of available appropriations which may be used. Directs the Administrator to establish a Coordinated Permit Review Office within each regional office of EPA to accelerate the concurrent review of all hazardous waste treatment or disposal facility projects requiring agency permits as they relate to the nation's air, water, and land. Directs such Office to: (1) assist in identifying the appropriate permits needed for a site; (2) convene meetings to determine the scope of and issues raised by a proposed project; and (3) assist the applicable government agencies in working with the applicant. Authorizes the Administrator to guarantee loans for projects for the acquisition, construction, or installation of hazardous waste recycling or treatment equipment. Limits such loans to fixed percentages of total indebtedness or capital costs and restricts them to the private sector. Requires eligible projects to control emissions sufficiently to protect human health and the environment and meet applicable Federal and State air and water quality standards and conditions on land disposal. Makes landfill solutions ineligible for such guarantees. Grants priority to technologies which satisfy specified requirements of the Solid Waste Disposal Act. Requires recipients of such guarantees to report annually to the Administrator. Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to make grants to at least five States for demonstration programs for ensuring and improving enforcement of the requirements of such Act. Requires such States to: (1) complete the program within the year; (2) have adequately trained personnel; (3) establish a Federally-compatible system for collecting data relating to the transportation of hazardous materials and enforcement actions; and (4) establish meaningful penalties for violations. Requires the Secretary to report to the Congress and each participating State within two years. Authorizes appropriations. Directs the Director of the Federal Emergency Management Agency, acting through the Office of State and Local Assistance for Hazardous Materials Emergencies, to: (1) provide technical and financial assistance to States and local governments and for regional planning for emergency preparedness relating to accidents involving the transportation of hazardous materials; (2) be an information clearinghouse on accident response methodology; and (3) coordinate Federal emergency response programs. Requires the Director to establish the Office of State and Local Assistance for Hazardous Waste Emergencies to carry out such requirements. Authorizes appropriations.
United States · United States Congress · 3 April 1985
Prohibits the Postal Service from delivering the mail to any residential dwelling located within a standard metropolitan statistical area (with a population of 25,000 or more inhabitants) by the use of outdoor clusterboxes.
United States · United States Congress · 3 April 1985
Trade Law Modernization Act of 1985 - Title I: National Trade Policy and Negotiating Objectives; Negotiation Authority - Sets forth national trade policy objectives that shall guide U.S. trade policy and domestic economic policy. Directs the Administering Authority (the U.S. Trade Representative) to submit by March 1 of each year to specified congressional committees a statement of the actions the Administering Authority proposes to take during such year to achieve such objectives. Requires the committees to hold hearings on such proposals and to advise the Administering Authority on such proposals. Declares that U.S. objectives in any trade negotiations shall be: (1) to obtain more open and equitable market access abroad for U.S. products and services, the reduction and elimination of the adverse effects of certain foreign trade practices, and improved effectiveness of the rules governing international trade; (2) to develop internationally accepted rules which meet certain needs; and (3) to promote international cooperation in trade and monetary policies. Directs the Administering Authority to seek to obtain fair and equitable market opportunities through consultations on negotiations with foreign countries or instrumentalities in order to remedy the harmful efforts on U.S. trade of discriminatory procurement practices and regulatory requirements of such countries or instrumentalities. Authorizes the Administering Authority to: (1) suspend or withdraw benefits under any trade agreement with such countries or instrumentalities; (2) direct customs officers to impose import restrictions on the goods of such countries or instrumentalities and to impose fees or restrictions on the services of such countries or instrumentalities; (3) make available analysis and information to other U.S. agencies and courts for the purpose of ensuring consideration by such agencies and courts of the competitive impact of pending administrative or judicial decisions of such agencies or courts that could significantly enlarge the access of foreign products and services to the U.S. market; and (4) recommend action to the President with respect to service sector access authorization (a Federal authorization that gives a foreign supplier of services access to U.S. markets). Directs the Administering Authority, if there is a significant denial of market opportunities in a foreign country for U.S. products and services in an economic sector where the United States has increased market opportunities for such country's products and services, to: (1) act to obtain fair and equitable market opportunities in the markets of such foreign country; and (2) pending achievement of such opportunities, impose equivalent conditions of market access. Authorizes action to be taken under this Act upon motion of the Administering Authority or after investigation upon the filing of a petition. Title II: Transfer of Authority to Administering Authority; Amendments to Title I of Trade Act of 1974 - Amends the Trade Act of 1974 to transfer from the President to the Administering Authority the authority to: (1) take action in cases of market disruption; and (2) extend tariff preferences under the Generalized System of Preferences. Amends the Tariff Act of 1930 to transfer from the President to the Administering Authority the authority to make the final review of actions to prevent unfair practices in the importation of articles into the United States. Amends the Trade Act of 1974 to direct the Secretary of Commerce to establish a program to evaluate the industrial and trade policies of other countries and the effects of such policies on U.S. industries, trade, and employment. Requires the Secretary to report to the Congress annually on such program. Directs the Secretary in conjunction with the U.S. Trade Representative, to establish special industry sector advisory panels to assess the actual or potential dislocation, challenge, or opportunity for the industry sectors involved and to formulate recommendations for responses by business, government, and labor. Requires the industry and labor advisory committees established by the Trade Act of 1974 to hold joint meetings at the call of the respective committee chairs and to meet at the call of the Administering Authority before and during trade negotiations to provide policy and technical advice and advice on any other factors relevant to U.S. positions in such trade negotiations. Authorizes the President to impose a temporary import surcharge at a level which the President determines to be necessary to assist in restoring equilibrium in the balance of payments in certain circumstances. (Currently such surcharge may not exceed 15 percent.) Limits the duration of such surcharge or limits imposed on imports to improve the balance of payments to one year. (Currently such measures may be imposed for only 150 days.) Deletes certain restrictions on imposing import limitations for such purposes. Authorizes one year extensions of such measures. Title III: Relief from Injury Caused by Import Competition - Transfers from the President to the Administering Authority the authority to take certain actions following import relief investigations by the International Trade Commission (ITC). Authorizes a petition for import relief to include within its statement of reasons for requesting import relief the desire to facilitate the orderly transfer of resources to enhance competitiveness. Changes the scope of the ITC's import relief investigation to include determining whether an article is being imported into the United States in such increased quantities as to be a cause (currently substantial cause) of serious injury or threat of serious injury to any domestic industry that produces an article like or directly competitive with the imported article or that produces materials, parts, components, or subassemblies irrevocably destined for incorporation in an article like or directly competitive with the imported article. Changes one of the factors that must be considered in making such determination with respect to serious injury in order to cover the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. (Current law refers to the inability of firms to operate at a reasonable profit.) Changes the factors that must be considered in making such determination with respect to the threat of serious injury in order to cover: (1) a decline in sales or market share in the domestic industry; (2) a higher and growing inventory in the domestic industry; (3) a downward trend in production, profits, wages, or employment (or increasing under employment) in the domestic industry; (4) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any class or kind of merchandise and that causes or threatens to cause serious injury to the domestic industry; (5) the extent to which the U.S. market is the focal point for diversion of exports of the article concerned because of restraints on exports of such article to, or imports of such articles into, third country markets; and (6) in the case of an industry that has developed an industry assessment and competitiveness strategy, the inability of producers in the domestic industry to generate adequate capital to finance the modernization of plant and equipment or to otherwise enhance competitiveness. Requires (currently authorizes) the ITC to make certain determinations with respect to determining the domestic industry producing an article like or directly competitive with an imported article. Defines "cause" for purposes of determining whether imports are a cause of injury to mean a cause which is important. Declares that a cause may be important even though other causes are of equal or greater importance. Requires the ITC, if it finds that serious injury or the threat of serious injury exists for a domestic industry, to: (1) find the amount of the increase in, or imposition of, any duty or import restriction necessary to prevent or remedy such injury; and (2) if it determines that adjustment assistance can assist in remedying such injury, recommend the provision of such assistance. Directs the Administering Authority, if during an import relief investigation it finds that critical circumstances exist, to impose provisional measures (increase in tariff, tariff-rate quotas, quantitative restrictions, orderly marketing agreements or a combination of such actions). Requires such measures to remain in effect until the later of the date: (1) on which the President revokes such measures; (2) on which the ITC makes a negative determination of injury; or (3) which is 60 days after the date on which the ITC makes an affirmative determination of injury. Declares that critical circumstances exist if a significant increase in imports over a short time has led to circumstances in which delay in relief would cause damage that would be difficult to repair. Requires the ITC, if it finds that serious injury has resulted from imports, to determine: (1) whether trade in the article concerned has been affected by coordinated government actions that are bestowed on a specific enterprise, industry, or group and that assist the beneficiary in becoming more competitive in exporting a class or kind of merchandise; and (2) the extent to which the U.S. market is the focal point for diversion of exports of such article because of restraints on exports of such article to, or on imports of such article into, third country markets. Directs the Administering Authority, if it determines to provide import relief and the ITC has found that trade in the article has been affected by such coordinated government actions, to consult and negotiate with other countries that produce or consume such article to seek the establishment of a multilateral framework to maintain and develop fair, equitable, and nondisruptive patterns of trade in such article. Directs the Administering Authority, after the ITC begins an import relief investigation based on a petition, to establish, upon request, an industry advisory group. Requires such an advisory group to prepare for the industry concerned an assessment of current problems and a strategy to enhance competitiveness. Directs the Administering Authority to try to obtain, on a confidential basis, information from the individual members of such advisory group on: (1) how such members intend to act upon the recommendations in such assessment and strategy; and (2) any other actions such members intend to take which will foster the objectives of the strategy. Requires the Administering Authority, the ITC, the Secretary of Labor, and the Secretary of Commerce to consider such assessment and strategy in making any import relief determination or taking any import relief actions. Requires the Administering Authority, if it determines to provide import relief and if an industry assessment and competitiveness strategy was submitted to the Administering Authority, to publish notice of the availability of, and a summary of, such assessment and strategy. Requires a review committee, if such summary is published, to: (1) monitor actions taken by the petitioners to improve the competitive position of the industry; (2) make recommendations for administrative action; and (3) submit recommended legislation to the Congress. Requires the review committee to consult with the advisory group members if the review committee determines that the firms or workers are not implementing or are implementing unsatisfactorily: (1) the recommended objectives and actions in the industry assessment and competitiveness strategy; or (2) the actions declared in the confidential information obtained by the advisory group. Requires the Administering Authority to request the ITC to issue a report on the probable economic effect on the industry of import relief if, after consultations with the advisory group members, the review committee determines that the failure to implement or failure to implement satisfactorily such actions is not justified by changed circumstances and has adversely affected overall implementation of the objectives of the industry assessment and competitiveness strategy. Requires the Administering Authority, if it decides to provide import relief, to consult with petitioners and representatives of workers and firms in the affected industry on the advisability and desirability of taking appropriate action under countervailing or antidumping duty provisions of the Tariff Act of 1930 or under title III of the Trade Act of 1974 if the Administering Authority has reason to believe that a foreign government or firm is engaged in any action or practice for which such relief is available. Title IV: Relief from Injurious Industrial Targeting and Unfair Trade Practices - Provides that injurious industrial targeting may trigger import relief actions. Defines injurious industrial targeting to mean any combination of coordinated government actions: (1) which are bestowed on a specific enterprise, industry, or group thereof; (2) which assist such enterprise, industry, or group to become more competitive in the export of any class or kind of merchandise; and (3) which cause or threaten to cause material injury. Transfers from the President to the Administering Authority the authority to take certain actions to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Authorizes the Administering Authority to: (1) suspend, withdraw, or prevent application of the benefit of trade agreement concessions with the foreign country or instrumentality involved; (2) direct customs officers to assess duties or impose other import restrictions on the products of such country or instrumentality or to assess fees or impose restrictions on the services of such country or instrumentality for such time, in such amount, and to such degree as the Administering Authority deems appropriate; (3) negotiate agreements to offset the burden or restrictions on U.S. commerce; (4) submit proposed administrative actions and legislation to implement any other government action which would restore or improve the international competitive position of the injured or threatened industry; (5) recommend action by the President; or (6) any combination of such actions. Transfers to the Administering Authority from the President the authority to impose certain limits on service sector access authorizations (authorizations that permit a foreign supplier of services access to the U.S. market). Authorizes the President, upon recommendation of the Administering Authority, to: (1) restrict the terms and conditions of any service sector access authorization; or (2) deny the issuance of any such authorization. Directs the Administering Authority to consult with representatives of domestic firms and workers that may be affected by any import relief investigation which is initiated by petition filed with the Administering Authority regarding any determination which is required to be made by the Administering Authority. Directs the Administering Authority, upon written request, to make confidential business information obtained by it in connection with an import relief investigation available under a protective order. Prohibits release of information classified for national security reasons. Requires the Administering Authority to act upon requests for such information within ten days of the request. Requires the Administering Authority, in conducting an import relief investigation initiated by petition to the Administering Authority, to present detailed questionnaires to the foreign government or enterprise involved in order to obtain information concerning the allegations in the petition. Directs the Administering Authority to verify any such information which the Administering Authority relied upon in making any determinations. Provides for relying on the best information available, which may be the information contained in the petition, if the foreign government fails to provide information or provides insufficient or unsatisfactory information. Requires the Administering Authority to make a preliminary determination within five months of the start of such an import relief investigation on whether there is reason to believe that import relief is warranted. Authorizes the Administering Authority to take certain actions based on the preliminary finding. Requires the final determination to be made within 11 months of the start of the investigation. Requires the Administering Authority to determine what actions to take if the final determination is that import relief is warranted except that specific actions are required if injurious industrial targeting is found to exist. Requires the Administering Authority to consult with the petitioner and representatives of the affected domestic firms and workers if the final determination is affirmative. Requires the Administering Authority to report to the Congress if the final determination is affirmative and the Administering Authority declines to take any action. Terminates any preliminary import relief if the final determination is negative. Requires publication in the Federal Register of such preliminary and final determinations. Requires the Administering Authority, if it makes a preliminary finding that injurious industrial targeting exists, to: (1) establish an advisory committee; and (2) formulate, in consultation with such advisory committee, proposals which would restore or improve the competitive position of affected domestic industries. Requires the Administering Authority to notify the ITC when it initiates an investigation of injurious industrial targeting. Requires the ITC to make a preliminary determination within 60 days of receiving such notice of whether there is a reasonable indication that because of sales or likely sales of the merchandise which is the subject of the investigation: (1) an industry in the United States is materially injured or is threatened with material injury; or (2) the establishment or growth of an industry in the United States is materially retarded. Requires the ITC to make a final determination of whether such circumstances exist by: (1) 45 days after the affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is affirmative; or (2) 75 days after an affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is negative. Makes the ITC's determination subject to review by the U.S. Court of International Trade if such determinations were made under the countervailing or antidumping duty provisions of the Tariff Act of 1930. Defines material injury and threat of material injury. Requires the Administering Authority to submit to the President any proposed administrative action and any proposed legislation to restore or improve the competitive position of the injured industry if the preliminary and final determinations are that injurious industrial targeting has occurred. Provides for expedited consideration of such legislation. Requires the Administering Authority to report to the Congress on the actions the Administering Authority will take to offset the material injury or threat of material injury from the injurious industrial targeting. Authorizes the Administering Authority to enter into a settlement agreement with the foreign country or entity involved in lieu of taking other actions if: (1) such agreement completely eliminates the material injury or threat of material injury from the injurious industrial targeting; and (2) such agreement is approved by the petitioner if the investigation began because of a petition. Authorizes the Administering Authority to take actions to compensate a foreign country or entity if the contracting parties to the General Agreement on Tariffs and Trade (GATT) disapprove of actions taken in response to injurious industrial targeting. Directs the Administering Authority to consult with the petitioner and the representatives of affected domestic firms and workers if, in the course of an investigation, the Administering Authority has reason to believe that a foreign government engaged in dumping or other actions for which relief is available under specified provisions of the Tariff Act of 1930. Title V: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to add requirements for a country to be considered a "country under the Agreement" for purposes of the countervailing duty provisions of such Act. Requires such a country to have made a commitment under the GATT to: (1) eliminate its export subsidies within one year (five for least developed countries); (2) not increase, extend, or add export subsidies; and (3) eliminate immediately export subsidies on those products in which such country is competitive. Requires the ITC, upon request, to investigate whether the merchandise is already competitive in the U.S. market and whether the merchandise would be competitive in the absence of export subsidies. Directs the Administering authority to review the status of, and compliance with, specified agreements at least once during each 12-month period. Directs the Administering Authority to publish such determinations. Imposes penalties for failure of a foreign country to honor any term of such agreements. Includes natural resource subsidies within the definition of subsidy for purposes of such Act. Declares that a natural resource subsidy exists if: (1) a natural resource product is provided or sold by a government-controlled entity within a country for use in the manufacture or production in such country of merchandise which is the subject of a countervailing duty investigation at a domestic price that is lower than the fair market value of the natural resource product in such country and that is not freely available to U.S. producers for purchase of that product for export to the United States; and (2) such natural resource product would, if sold at the fair market value, constitute a significant portion of the total cost of the manufacture or production of such merchandise. Changes the definition of foreign market value for purposes of countervailing duty investigations. Requires the Administering Authority to include in calculating the cost of producing the merchandise the value of any benefit the producer or manufacturer has received from government research and development programs. Requires sales made at less than cost of production to be disregarded in the determination of foreign market value if such sales were made over an extended period of time and in substantial quantities. Sets forth a special rule for determining cost of production and constructed value if imports of the merchandise into the home market have been unreasonably restrained. Requires the ITC, in determining whether a U.S. industry is threatened with material injury because of imports, to consider: (1) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any merchandise and to cause or threaten to cause material injury to the United States; and (2) the extent to which the United States is the focal point for exports of the merchandise by reason of restraints on exports of the merchandise to, or on imports of the merchandise into, third country markets.
United States · United States Congress · 3 April 1985
Medicare Quality Assurance Reform Act of 1985 - Amends part B (Peer Review of the Utilization and Quality of Health Care Services) of title XI of the Social Security Act to establish a National Council on Quality Assurance. Directs the Director of the Congressional Office of Technology Assessment to provide for the appointment of members of the Council. States that the general functions of the Council shall be to: (1) provide oversight on the operations of the quality assurance system under title XVIII (Medicare) of such Act; and (2) make recommendations annually to the Secretary of Health and Human Services and the Congress for improvements in the system. Sets forth the Council's function more specifically. Requires the Council to report annually to the Congress on the functioning and progress of the Council. Authorizes appropriations. Requires contracts with utilization and quality control peer review organizations to provide that: (1) at least one-half of the organizations' efforts must be on quality assurance activities; and (2) quality assurance activities shall be conducted with respect to all the different types of items and services covered by Medicare; and (3) the level of activity for each of the different types of services and items shall reasonably reflect the proportion of Medicare payments made for that type of services or items. Adds to the definition of the term "utilization and quality control peer review organization so as to require such an entity to: (1) include in its composition representatives of other individuals responsible for the provision of services and items for which the organization is responsible for conducting quality assurance activities; and (2) have a consumer advisory board. Defines a "consumer advisory board." Requires any utilization and quality control peer review organization to: (1) educate Medicare beneficiaries; (2) provide for a toll-free 24 hour telephone number, which shall be provided to Medicare beneficiaries for the purpose of receiving questions and complaints from Medicare beneficiaries; (3) assist in resolving any such complaints that are legitimate; (4) make available to its consumer advisory boards appropriate information received from the telephone service; and (5) train members of its consumer advisory board. Appropriates funds, in addition to any other amounts appropriated to carry out part B of title XI, from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund for distribution to utilization and quality control peer review organizations. Sets forth study and reporting requirements.
United States · United States Congress · 3 April 1985
Endorses the statements of the Secretary of State that: (1) the system of apartheid in South Africa is "totally repugnant to the people of the United States"; (2) the most recent killings "underline how evil and unacceptable apartheid is"; and (3) the most recent act of violence of the South African police is "deplorable and the people of the United States have nothing except denunciation to say for it." Requests the Secretary to conduct an independent investigation of the violence in the Eastern Cape area of South Africa between March 21 and March 24, 1985, and to submit a report to the Congress by April 30, 1985, on the circumstances relating to the violence.
United States · United States Congress · 2 April 1985
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate the benefit disparity between those born before 1916 and those born after 1916 which was effected by the enactment of the Social Security Amendments of 1977. Directs the Secretary of Health and Human Services to recompute the primary insurance amount so as to take into account the amendments made by this Act and to pay to any individual so entitled any additional lump sum amount to which such individual is entitled by reason of this Act. Prohibits the recomputation from reducing any individual's benefit.
United States · United States Congress · 2 April 1985
Military Chaplains Faith Balance Act of 1984 - Directs the Secretary of Defense to increase the representation of underrepresented religious faiths among armed forces chaplains.
United States · United States Congress · 2 April 1985
Amends the Child Nutrition Act of 1966 to limit participation in the special supplemental food program for women, infants, and children (WIC) to States in which State or local sales taxes are not collected on purchases of food under such program.
United States · United States Congress · 1 April 1985
Comprehensive Nutrition Assistance Act of 1985 - Title I: National School Lunch Act and the Child Nutrition Act of 1966 - School Lunch and Child Nutrition Amendments of 1985 - Amends the Child Nutrition Act of 1966 and the National School Lunch Act to authorize appropriations through FY 1986 for: (1) the special supplemental food program for women, infants, and children (WIC); (2) State administrative expenses; (3) the nutrition education training (NET) program; (4) the children's summer food service program; and (5) the commodity distribution program. Authorizes appropriations through FY 1988 for State administrative expenses relating to the school nutrition programs. Increases NET authorizations. Reduces the student cost of a reduced price lunch from 40 cents to 25 cents and of a reduced price breakfast from 30 cents to 15 cents. Increases reduced meal income eligibility limits from 185 percent to 195 percent of the poverty level. Provides an additional six cents per breakfast to increase the nutritional quality of such program. Requires the Secretary of Agriculture to promulgate related nutritional improvement regulations. Extends the lunch program "offer versus serve" provision to the breakfast program. Permits a child to refuse one breakfast item if such refusal option is permitted by the local school food authority. Raises the program tuition limit under such Act for private schools from $1,500 to $2,500. Requires annual inflation adjustments. Increases the number of reimbursable meals and snacks under the child care food program. Excludes certain medical expenses from household income for program eligibility purposes. Eliminates the requirement that free meal eligibility be the same as that required for food stamp eligibility. Prohibits the Secretary from requiring school lunch program income verification unless the direct cost of such verification is appropriated. Makes kindergartens in specified schools eligible for the special milk program. Establishes a tiered-payment system for the child care food program. Obligates specified food service equipment appropriations for low-income area schools. States that school food facilities and personnel may be used for nonprofit nutrition programs for the elderly. Prohibits the Secretary, through FY 1986, from reducing child nutrition benefit eligibility unless legislatively directed. Qualifies children participating in the food stamp or aid to families with dependent children (AFDC) programs for free breakfasts and lunches. Makes specified nonprofit private sponsors eligible for the summer feeding program. Increases FY 1984 WIC authorizations. Extends administrative fund allocation provisions through FY 1988. Directs the Secretary to apportion funds so as to insure that at least 70 percent of each fiscal year's amounts have been obligated or used by the beginning of such year's fourth quarter. Provides that such requirement shall not apply to supplemental appropriations enacted after January 1 of a fiscal year or to any reallocated funds. Prohibits States from using more than two and one-half percent of a current fiscal year's WIC appropriations for a preceding year's expenditures. Permits administrative funds to be used for technical assistance to improve State administrative systems. Includes AFDC among the programs to be coordinated with the child nutrition programs. Provides for a reduction in program paperwork. Requires the Secretary to fill any vacancy in the National Advisory Council within 90 days. Requires that the Council meet at least once annually. Requires the Secretary to: (1) conduct a study of the feasibility of a universal school lunch program; and (2) report to the Congress by January 1, 1988. Extends, subject to fund availability, the alternative (cash) assistance school lunch pilot study through the school year ending June 30, 1986. Requires the Secretary, subject to fund availability and upon request, to provide financial assistance to participating school districts that sustained losses due to the methodology change for the school year ending June 30, 1983. Authorizes appropriations for such purposes. Requires the Secretary to: (1) conduct a study of the State administrative expense allocation formula and procedures, including the merits of a State matching requirement; and (2) report to the Congress by January 31, 1986. Requires the Secretary to: (1) conduct a study of the effect on families of the child nutrition programs authorized under the Child Nutrition Act of 1966; and (2) report to the Congress by January 1, 1987. Prohibits a contract between a school food authority and a food service company to provide a la carte food service unless such company provides free and reduced price meals to eligible children. Sets aside specified WIC funds for eligible migrants. Title II: Other Food and Nutrition Programs -Amends the Temporary Emergency Food Assistance Act of 1983 (which makes excess commodities available to eligible agencies for distribution) to extend the authorization of appropriations for another year, through FY 1986. Sets aside specified funds from such program for previously unserved areas, particularly areas of rural poverty. Amends the Community Services Block Grant Act, through which the Secretary is authorized to make grants to assist and coordinate food assistance resources at the State, local, and community level, to increase the level of authorizations for FY 1985 and 1986. Sets aside specified funds from such program for organizations serving seasonal or migrant farmworkers and Indian tribes and organizations. Amends the Head Start Act to increase the authorization of appropriations for FY 1986. Limits the use of certain funds to increasing participation in the Head Start program. Amends the Food Stamp Act of 1977 to increase specified amounts which may be deducted from a household's income when determining food stamp eligibility. Authorizes a State agency to calculate household income on either a prospective or retrospective basis. Increases the amount of assets a household may retain and still remain eligible for food stamps. Increases the value of household allotment allowed. Amends the Agriculture and Consumer Protection Act of 1973 to extend for another year, through FY 1986, the commodity supplemental food program. Authorizes local agencies to provide supplemental commodities to low-income elderly persons so long as such supplement does not reduce commodity assistance to women, infants, and children. Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize appropriations for the Cooperative Extension Service for FY 1986, increasing the amount authorized for FY 1985. Sets aside specified funds from such program to carry out the expanded food and nutrition program known as the Smith-Lever Act. Sets aside specified funds for geographical areas in which the infant mortality rate or hunger-related disease is high.
United States · United States Congress · 1 April 1985
Automobile Consumer Protection Act of 1985 - Authorizes a consumer to notify the manufacturer, its agent, or its authorized dealer that an automobile does not conform to all applicable warranties. Requires such nonconformity to be corrected at no charge even though the corrections may have to be made after the expiration of the warranty period. Provides that if the defect or condition not in conformity with the warranty cannot be corrected after a reasonable number of attempts, the manufacturer must either replace the motor vehicle with a comparable one or refund the full purchase price less a reasonable allowance for mileage and any damage not attributable to normal wear and tear. Permits a manufacturer to allege as an affirmative defense to any such claim either that: (1) the nonconformity does not substantially impair the value of the motor vehicle; or (2) it is the result of abuse, neglect, or unauthorized modification or alterations. States that if a manufacturer has established an informal dispute procedure, the refund or replacement requirements of this Act will not apply unless the consumer resorts to such procedure. Prohibits a consumer from waiving, limiting, or disclaiming these provisions. Requires an action brought under these provisions to be commenced within four years after the date of the original delivery of the motor vehicle. Permits the court to award attorney's fees to a prevailing plaintiff.
United States · United States Congress · 28 March 1985
Medicare Solvency and Health Care Financing Reform Act of 1985 - Adds a new title XXI to the Public Health Service Act entitled "Programs for Reforming the Health Care Financing System." Sets forth part A of such title entitled "State Health Care Programs." Provides that if a State transmits to the Secretary of Health and Human Services, within one year of the enactment of this Act, a statement that the State intends to submit a health care plan (described below), for purposes of making payments to the State under title XIX (Medicaid) of the Social Security Act the Federal medical assistance percentage shall be 102 percent of such percentage as otherwise determined under Medicaid for such State for up to one year. Directs the Secretary to exempt hospitals in a State from the prospective payment limits established under this Act for certain time periods occurring during the first year of the transition period (defined in part C of title XXI as the 24-month period beginning January 1986) if: (1) the State requests such treatment; (2) the State indicates an intention to have implemented a State plan under title XXI which will provide for a recoupment of any revenues received in excess of the amounts permitted under part A; and (3) the State has agreed, with respect to such hospitals, that if a State plan under this Act is not implemented by the end of the first year of the transition period, then the Secretary shall provide for such adjustment in the prospective payment limits under part I of part B as will provide for recoupment in the subsequent year of any revenues received in excess of amounts permitted. Authorizes a State to apply to the Secretary for the approval of a health care plan for the State for an initial period of up to three years, subject to disapproval. Authorizes extensions of such initial period for up to two additional years. Provides that, for any one-year period, in the case of any State with an approved plan: (1) the transitional period provisions of subpart I of part B of title XXI shall not apply; (2) requirements for reimbursement (other than those relating to beneficiary cost sharing) under title XVIII (Medicare) of the Social Security Act shall be waived; and (3) for purposes of making payments to a State under Medicaid the Federal medical assistance percentage shall, for the year the plan is in effect, be 103 percent (or 104 percent in the case of an unrestricted Medicaid plan) of the amount of the Federal medical assistance percentage otherwise determined under Medicaid and 102 percent (or 103 percent in the case of an unrestricted Medicaid plan) for any subsequent year (except for any extension period) of the amount of the Federal medical assistance percentage otherwise determined. Defines "unrestricted Medicaid plan" as a State Medicaid plan which does not impose any limitation on the scope or duration of inpatient hospital services other than requiring that such services be medically necessary. Directs the Secretary to annually review each approved plan. Requires the continued approval, for a certain time, of a plan not in compliance, if the State certifies that it will comply within a stated time period. Permits a further extension of approval if there is a trend towards compliance. Provides for the establishment of a Federal program with respect to hospitals for a State which cannot comply. Requires a State plan, in order to be approved, to meet the general requirements set forth below and, if applicable, certain requirements relating to ratesetting plans. Permits a plan, in meeting the general requirements, to be designed in a manner that meets such requirements through a ratesetting system, a voluntary system, or through the use of competitive mechanisms. Requires a plan to be designed in a manner so as to provide, to the satisfaction of the Secretary, that: (1) the amount of the total revenues per discharge for all hospitals in the State for each year beginning before 1987 in which the plan is in effect may not exceed the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor; and (2) the amount of the total revenues per discharge for all services furnished to hospital inpatients for all hospitals in the State for each year beginning after 1986 in which the plan is in effect may not exceed the sum of the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor, plus the base physician-related hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the plan is in effect and provided for a limitation under this clause (2), and the population-discharge factor. Authorizes a State, at its option, to apply the test specified in clause (2) instead of the test specified in clause (1) with respect to years prior to 1986. Permits a plan, instead of meeting the above requirements, to meet such other alternative test of constraint of health care costs as the Secretary determines will not result in a greater expenditure of funds under title XVIII (Medicare) of the Social Security Act and by private payers than would have been made if the plan met the above requirements. Requires a plan to be designed so as to provide that the amount of revenues for inpatient hospital services and physicians' services to hospital inpatients and individuals entitled to benefits under parts A (Hospital Insurance) and B (Supplementary Medical Insurance) of title XVIII of the Social Security Act may not exceed the amount which would otherwise be payable (including copayments and deductibles) for such services under title XVIII. Permits a plan (other than a plan providing for the establishment of rates of hospital reimbursement for hospital inpatient services) to provide that payment under title XVIII for inpatient hospital services and for other services furnished to hospital inpatients shall continue to be made in the amounts and in the manner otherwise provided under Medicare. Requires that the unreimbursed costs incurred by hospitals in providing services to low-income, uninsured or underinsured patients (other than Medicare or Medicaid patients) be paid pursuant to a plan in an amount which must, in the aggregate, be the same proportion of total revenues as such unreimbursed costs are of total costs of patients who are neither Medicare nor Medicaid patients. Provides that such unreimbursed costs shall be paid through distribution of funds pooled at the statewide level, through a higher payment rate, or through another method approved by the Secretary. Requires a plan to have a mechanism for providing fair hearings for hospitals and any other entities aggrieved by determinations made under the plan. Requires a State to provide for the appointment of a panel, consisting of members with expertise in health care economics and service delivery, to advise in the development and implementation of its plan, periodically review and propose modifications to the plan, and establish the methodology for establishing the percentage limit used to compute hospital revenues. Requires such methodology to include the use of appropriate external price indicators, the use of data from major collective-bargaining agreements for nonsupervisory hospital employees, and other appropriate indicators of wage costs. Requires the methodology to be approved by the Secretary. Requires a plan, to the extent that it provides for meeting plan requirements through a system which provides for the establishment of rates for hospital reimbursement for hospital inpatient services by an entity other than the hospital, to meet the following additional requirements: (1) except as provided in clause (2), the plan must provide equitable treatment of all entities that pay for health services covered under the plan, of hospital employees, and of patients; (2) if the plan is established under State law, the plan must take into account the proportion of costs associated with, and services covered by, the different payors, including Medicare and Medicaid, and may not permit undue shifting of proportions of costs among the different payors; (3) the plan may not make available any discount in price to any purchaser unless the discount accurately reflects economic benefits to a hospital resulting from a service arrangement with a purchaser and the discount is made available to all other purchasers who can satisfy such service; and (4) the plan must provide a procedure whereby, upon the request of a hospital, an adjustment can be considered to the rate limitation applicable under the plan to that hospital to reflect a significant change in the inpatient hospital services, increased costs for the compensation of employees, funds necessary to provide for the efficient operation of a hospital which the State has determined should remain in operation, and higher expenses associated with a regional tertiary care institution, teaching hospital, or children's hospital. Directs the Secretary, in reviewing a plan which provides for control of hospital inpatient costs through a competitive mechanism, to take into account the degree to which the plan provides for the following or other measures to improve price competition among providers: (1) the plan provides for open enrollment periods; (2) the plan provides for the dissemination of information concerning different health benefits plans; (3) the plan encourages innovation and public incentives to new forms of health care delivery and financing; (4) there are negotiated prices and risk-sharing between insurers and health care providers; and (5) the laws of the State do not impose legal barriers to competition in negotiated and other arrangements among insurers and health care providers. Sets forth part B of title XXI entitled "Residual Federal Program, subpart I, Transition Period." Provides that, subject to the provisions of subpart I, for any accounting period of a hospital subject to subpart I, the total revenues for inpatient hospital services may not exceed the total of such revenues that are permitted on the basis of prospective payment limits established under subpart I for the hospital's discharges as classified by diagnosis-related groups. Requires each hospital subject to a limitation on revenues under subpart I to provide for the publication of a price list which establishes the price per discharge which any payor may pay for inpatient hospital services. Requires a hospital to submit its price list to the Secretary. Directs the Secretary to determine (for each accounting period) a prospective payment limit for inpatient hospital services for discharges classified by diagnosis-related groups. Sets forth the method for determining and adjusting the limit for each hospital for discharges. Authorizes the Secretary, at the request of a hospital, to increase the allowable revenues for an accounting period or provide for an increase in the base number of discharges otherwise permitted under subpart I to allow for higher revenues than would otherwise be permitted if: (1) a major renovation or replacement of physical plant or significant change in the capacity of the hospital has occurred; (2) the hospital is a sole community provider or provides a disproportionate percentage of its services to low-income or Medicare patients, the hospital would otherwise be insolvent, and the State has determined that the hospital should remain open; (3) a larger revenue increase is needed because the hospital is a regional tertiary care institution, teaching hospital, or children's hospital; and (4) there has been a significant change in the characteristics of the hospital's mix of patients. Subjects a hospital which has total inpatient revenues for an accounting period in excess of its applicable limit to a civil penalty, unless the excess is deposited in an escrow account. Permits withdrawals from the account upon the Secretary's certification that the total inpatient revenues of a hospital for an accounting period fall below the applicable limit for that period. Establishes a civil penalty for a physician or other person or entity (other than a hospital) who has charged any person or entity for services which are required by law to be billed to a hospital. Sets forth provisions relating to notice, opportunity for a hearing, and appeal of such penalties. Prohibits a hospital from engaging in an admission practice that results in: (1) a refusal to admit a patient who is unable to pay for inpatient hospital services; (2) the refusal to admit a patient who would be expected to require unusually costly or prolonged treatment; or (3) the refusal to provide emergency services to any person in need of such services. Sets forth penalties, including exclusion from Medicare or Medicaid participation, for hospitals committing such admissions violations. Sets forth subpart II of Part B entitled "Post-Transition Period." Provides that in the case of a State not having a plan approved under part A and in effect for any period beginning after the transition period, the Secretary shall establish and implement a health care plan for such State for such period which meets the requirements of part A, with specified differences. Sets forth definitions under part C of title XXI. Establishes an Advisory Committee on Health Care Technologies and Procedures. Directs the Advisory Committee to examine the appropriateness of the various interventions and the conditions under which they are needed, the safety and efficacy of alternative therapeutic and preventive regimens, and the standards for availability and utilization of various technologies, and to publicly report on whether or not payments should be made for such services and, if so, under what conditions and frequency of service. Exempts individuals enrolled in health maintenance organizations and competitive medical plans from the limits established under title XXI on revenues and discharge of a hospital if: (1) the organization elects such treatment; or (2) the organization annually pays for more than 20 percent of the number of bed-days of care with respect to that hospital. Amends provisions of the Public Health Service Act relating to employees' health benefits plans to provide that if an employer makes a contribution with respect to the costs of a health benefits plan of an employee and the employer offers the option of membership in a health maintenance organization or a competitive medical plan, which membership provides benefits at least actuarially equivalent to those provided under the other health benefits plan, the employer shall: (1) contribute at least as much towards the membership as the maximum amount of the employer's contribution to the other plan; (2) provide for a cash rebate if the contribution with respect to any other health benefits plan exceeds the cost of membership with the organization; and (3) provide information to employees that reasonably compares the benefits and costs of different plans. Exempts from the provisions of the previous sentence employees of an employer represented by a collective bargaining representative or other employee representative selected under any law. Amends title XVIII (Medicare) of the Social Security Act, with respect to health maintenance organizations and competitive medical plans, to provide that the annual per capita rate of payment for each class of members shall be 100 percent in the case of individuals enrolled with an eligible organization in an area where at least 30 percent of the individuals eligible to enroll with an organization are enrolled. Amends title XIX (Medicaid) of the Social Security Act to exempt a health maintenance organization which is a public entity from the requirement that at least 75 percent of its membership be Medicaid eligible or insured under part B (Supplementary Medical Insurance) of title XVIII or under both parts A (Hospital Insurance) and B of title XVIII. Directs the Secretary, under the prospective payment provisions of title XVIII of the Social Security Act, to provide that in the case of a State health care plan approved under Part A of title XXI of the Public Health Service Act payments with respect to services covered under title XXI: (1) may, at the State's option, be made in accordance with title XXI rather than Medicare; or (2) shall be made in accordance with title XXI rather than Medicare in the case of a plan which provides for the control of hospital costs through a title XXI ratesetting mechanism. Provides for increased Medicare payments to a hospital for its operating costs if the number of admissions for an accounting period exceeds the hospital's admissions during a specified base period. Directs the Secretary to determine a regionally adjusted capital-related prospective payment rate for each inpatient hospital discharge in accordance with a specified formula. Directs the Secretary, for each diagnosis-related group, to estimate the average per discharge amount of charges recognized under part B of title XVIII attributable to items and services furnished to inpatients within such group during 1983. Provides that, subject to the part B deductible and subject to other provisions of the Medicare prospective payment rate provisions, with respect to each individual entitled to benefits under part A and enrolled under part B of title XVIII who is a hospital inpatient and whose discharge is classified within a diagnosis-related group, the Secretary shall provide for payment to the hospital of an amount equal to 80 percent of a specified rate in lieu of payments otherwise made under part B for inpatient services. Requires that: (1) payments for health care services furnished to inpatients be made to or through a hospital as a condition of the hospital's participation in the Medicare payment; and (2) the Secretary provide for notice to the public and to individuals enrolled under part B of title XVIII of the Social Security Act of such requirement. Permits the Federal Hospital Insurance Trust Fund to borrow at any time from other social security trust funds if it can repay the loan within ten years. Provides for the periodic transfer to the Federal Hospital Insurance Trust Fund from the Federal Supplementary Medical Insurance Trust Fund of amounts which the Secretary determines to be equal to a specified fraction of the total revenues of the Federal Supplementary Medical Insurance Trust Fund for each fiscal year. Directs the Secretary to conduct and report to the Congress on seven studies relating to: (1) health care costs, quality, delivery, and services; and (2) the effects of this Act.
United States · United States Congress · 28 March 1985
Prohibits interstate and foreign commerce in any article of fur derived from an animal trapped in a steel jaw leghold trap. Establishes criminal penalties for violations of this Act. Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Makes the Secretary, with the assistance of appropriate Federal or State personnel, responsible for enforcing this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture.
United States · United States Congress · 28 March 1985
Amends the Voting Rights Act of 1965 to prohibit any requirement that provides that a Federal primary candidate must receive a majority of the votes, rather than a plurality, to achieve the nomination. Deems such a requirement a procedure to deny or abridge the right to vote on account of race.
United States · United States Congress · 27 March 1985
National Childhood Vaccine-Injury Compensation Act of 1985 - Amends the Public Health Service Act to establish the National Childhood Vaccine-Injury Compensation Program (Program). Prohibits the filing of a civil action for damages for vaccine-related injuries unless the procedures of this Act have been followed. Directs the Secretary of Health and Human Services to prescribe rules governing the content of claims for vaccine-related injuries and procedures for filing such claims. Sets forth deadlines by which: (1) the Secretary must send the claimant and respondent lists of persons eligible to serve on hearing panels; (2) the respondent may join additional respondents; and (3) the claimant and respondent are to select persons for the hearing panel. Provides for the selection and replacement of additional hearing panel members. Permits each respondent to file a consent waiving his or her rights to a judge or jury trial. Allows the hearing panel to hear a claim if each respondent has filed consent. Allows the claimant to file an action for damages in a State or Federal court where none of the respondents have filed such consents. Permits the hearing panel to hear the claim against participating respondents where some, but not all, of the respondents filed consents. Allows the claimant to file an action in a State or Federal court against the nonparticipating respondents. Declares that such court action shall be stayed on any party's motion until the proceedings against the participating respondents are completed. Empowers the hearing panel to determine whether any alleged injuries are vaccine-related and, if appropriate, to award compensation. Sets an aggregate limit of $1,000,000 per person for such awards, including $100,000 for damages arising from pain, suffering, and emotional distress. Allows the claimant to reject the decision of the hearing panel by filing an objection within 60 days. Permits the respondent to appeal the decision of the hearing panel to a Federal district court within 30 days thereafter if no such objection is filed by the claimant. Directs the district court to affirm the hearing panel decision, unless: (1) the decision was procured by corruption or fraud; (2) the hearing panel exceeded its authority; or (3) the hearing panel denied a fair hearing to any party. Permits a claimant who has filed a timely objection to the hearing panel decision to maintain an action for damages in an appropriate State or Federal court. Permits the decision of the hearing panel to be admitted into evidence, unless: (1) the decision was procured by corruption or fraud; (2) the hearing panel exceeded its authority; or (3) the hearing panel denied a fair hearing to any party. Allows a plaintiff to recover a judgment for monetary damages to the full extent provided by State or Federal law where: (1) the respondent did not file a consent pursuant to this Act; or (2) the parties waived compliance with the procedures prescribed by this Act. Limits recovery to the extent provided by this Act where the respondent has filed a consent. Permits a respondent who has paid an award, judgment, or settlement to file a civil action in a U.S. district court seeking to recover all or part of it. Permits third-party impleaders and cross-claims. Allows a party to file an action for contribution or indemnification if that party: (1) did not file a consent pursuant to this Act or waived compliance; and (2) discharged a vaccine-injury claim. Declares that claims filed more than two years after the first manifestation of a vaccine-related injury shall be barred. Defines "covered vaccine" to include vaccines against diptheria, tetanus, pertussis, polio, measles, mumps, and rubella. Establishes an Advisory Commission on Childhood Vaccines to: (1) advise the Secretary on the implementation of the Program; (2) study and recommend ways to encourage the availability of safe and effective vaccines; (3) survey information gathering programs and advise the Secretary on how to obtain useful information; and (4) recommend research. Directs the Secretary to develop parent information materials within one year of enactment of this Act. Describes the information to be included in such materials. Directs the Secretary to: (1) encourage the development of vaccines that result in fewer major adverse reactions than those currently on the market; and (2) assure improvements in the vaccine industry to reduce the risks of major adverse reactions. Requires the Secretary to report to specified congressional committees biennially.
United States · United States Congress · 26 March 1985
Authorizes the Secretary of Education to provide financial assistance to the Bethune-Cookman College in Volusia County, Florida, to establish the Mary McLeod Bethune Memorial Fine Arts Center. Authorizes appropriations for such purpose.
United States · United States Congress · 25 March 1985
Federal Employee Age Discrimination Amendments of 1985 - Amends the Internal Revenue Code, the Foreign Service Act of 1980, the Coast and Geodetic Survey Commissioned Officers' Act of 1948, the Public Health Service Act, the Revised Organic Act of the Virgin Islands, the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, and other Federal laws to remove maximum hiring ages and mandatory retirement ages for the following civil servants: U.S. Park Police; air traffic controllers; Panama Canal employees; Department of Justice law enforcement personnel; Federal Bureau of Investigation personnel; the District of Columbia firefighters; the U.S. Forest Service firefighters; Foreign Service Officers; Commissioned Officers of Public Health Services; Tax Court judges; Coast and Geodetic Survey officers; Lighthouse Service officers; Central Intelligence Agency employees; the Comptroller General; the Chief Judge of the District Court of the Virgin Islands; and the Director of the Federal Judicial Center.
United States · United States Congress · 25 March 1985
Amends the Tariff Schedules of the United States to increase the tariff on imported roses. (Makes the U.S. tariff consistent with the tariff imposed by the European Economic Community.)
United States · United States Congress · 21 March 1985
Prevention, Identification, and Treatment of Elder Abuse Act of 1985 - Directs the Secretary of Health and Human Services to establish an office known as the National Center on Elder Abuse to: (1) compile an annual summary of recently conducted research on elder abuse; (2) develop and maintain an information clearinghouse on all programs for the prevention and treatment of such abuse; (3) compile training materials for personnel engaged in elder abuse prevention; (4) provide technical assistance for the planning and implementing of programs relating to the problems of elder abuse; and (5) investigate the causes and national incidence of elder abuse. Authorizes the Secretary to make grants to or enter into contracts with public agencies or nonprofit organizations for demonstration projects designed to prevent and treat elder abuse. Sets forth the terms and conditions for such grants. Authorizes the Secretary to make grants to States for the development and implementation of elder abuse prevention and treatment programs. Requires such States to have in effect a State elder abuse law with mandatory reporting provisions. Sets forth other requirements for eligibility. Prohibits the use of assistance for construction of facilities. Directs the Secretary to establish criteria to achieve equitable distribution of assistance among the States. Authorizes appropriations.
United States · United States Congress · 21 March 1985
Requires the President to include with the annual Federal budget submitted to the Congress another budget prepared by the Board of Governors of the Federal Reserve System showing estimated receipts and expenditures for itself and all Federal Reserve banks for the next three fiscal years.
United States · United States Congress · 21 March 1985
Requires diet drugs containing phenylpropanolamine to be dispensed only in accordance with the prescription drug requirements of the Federal Food, Drug, and Cosmetic Act.
United States · United States Congress · 21 March 1985
Commemorates May 18, 1985, as the 20th anniversary of the Head Start Program. Expresses the sense of the Congress that: (1) the Head Start Program has been cost-effective and successful; and (2) congressional commitment to such program is reaffirmed.
United States · United States Congress · 20 March 1985
Labor-Management Notification and Consultation Act of 1985 - Prohibits any employer (i.e. any business with 50 or more employees) from ordering a plant closing or permanent layoff until 90 days after the employer serves written notice of a proposal to issue such an order to: (1) the representative of the affected employees or, if none, to each affected employee; and (2) the Federal Mediation and Conciliation Service. Provides for reduction of such notification period if the Service determines that unavoidable business circumstances prevent the employer from withholding such closing or layoff until the end of such period. Provides for extension of such notification period thus prohibiting the ordering of such closing or layoff while the employer is subject to an order to continue to consult. Prohibits an employer from ordering a plant closing or permanent layoff unless the employer has: (1) met with representatives of the affected employees with respect to a proposal to order such closing or layoff; and (2) consulted in good faith with such representative for the purpose of agreeing to a mutually satisfactory alternative to or modification of such proposal. Makes such obligation to consult commence on the date of notice and continue until the end of the 90-day notification period. Provides that such consultation period shall be extended if the Service determines that the employer has failed to comply with such consultation requirements. Authorizes the Service to renew any such extension imposed. Requires the employer to disclose to the affected employees' representative information necessary for thorough evaluation of: (1) the proposal to order the closing or layoff; and (2) any alternatives or modifications suggested to such proposal. Authorizes the Service to issue protective orders to prevent disclosure of information which could compromise the employer's competitive position. Sets forth provisions for the administration and enforcement of requirements under this Act. Provides for: (1) assistance by the Service to employers, employee representatives, affected employees, State employment services, and other State and local officials; (2) investigations and injunctive actions by the Department of Labor; (3) civil actions against employers; and (4) civil actions against representatives of employees. Provides that the rights and remedies provided to employees by this Act are in addition to any other contractual, statutory, or other legal rights and remedies of the employees. Expresses the sense of the Congress that employers who, because affected employees do not have a representative, are not required to comply with the consultation and disclosure requirements under this Act should consult with and disclose information to such employees in order to reach a mutually satisfactory alternative or modification of the proposal to order the closing or layoff. Establishes a National Commission on Plant Closings and Worker Dislocation. Requires the Commission to report to the President and the Congress within 12 months of the appointment of members. Terminates the Commission 30 days after such report. Authorizes appropriations for the Commission.
United States · United States Congress · 20 March 1985
Ethnic and Minority Affairs Broadcasting Clearinghouse Act of 1985 - Amends the Communications Act of 1934 to establish the Ethnic and Minority Affairs Clearinghouse within the Federal Communications Commission. Directs the Clearinghouse to: (1) establish a clearinghouse for complaints about the portrayal of ethnic and minority groups in radio and television broadcast programming; (2) collect and disseminate information about such portrayal; (3) conduct an annual conference to draw public attention to such portrayal; (4) submit to the Congress an annual report on its activities, including a compilation of all complaints received; and (5) provide information to the Commission.
United States · United States Congress · 19 March 1985
Amends the Equal Credit Opportunity Act to prohibit the Board of Governors of the Federal Reserve System from exempting from such Act any class of credit transactions that are primarily for personal, family, or household purposes. Permits the Board to exempt (for five years) a type or class of business or commercial transactions only after determining that application of such Act to such transactions would not contribute substantially to effecting the purposes of such Act.
United States · United States Congress · 19 March 1985
Textile and Apparel Trade Enforcement Act of 1985 - Limits the total quantity of 1985 imports of textiles and textile products from a major exporting country to the lesser of an amount equal to 101 percent: (1) of the total quantity of textile products imported from such country if the total had increased by six percent annually (one percent annually for wool products) during 1981 through 1984; or (2) if the United States has an agreement with such country providing for an annual growth rate of less than six percent, of the total quantity of such products from such country imported during 1984. Limits the total quantity of 1985 imports of textiles and textile products from an exporting country to an amount equal to the total quantity of such products imported from such country during 1984 plus: (1) 15 percent of such quantity in the case of a category that is not an import sensitive category; or (2) one percent in the case of an import sensitive category. Provides for changing the classification of a country, except for a Caribbean country, from an exporting country to a major exporting country if the total textile imports from such country equals or exceeds one and one-quarter percent of all textiles imported into the United States. Sets forth a formula for adjusting the growth of textile imports annually. Sets forth certain minimum quantities of textile imports that all countries shall be allowed to export to the United States. Requires the Secretary of Commerce to enforce this Act. Directs the Secretary, within six months of enactment of this Act, to establish an import licensing system under which an importer of textiles will be required to present an import permit as a condition of entry of such textiles. Directs the President to report to the Congress annually on the administration of this Act.
United States · United States Congress · 19 March 1985
Amends the Federal criminal code to increase the penalties for mail fraud. Raises the maximum fine from $1,000 to $10,000 and raises the maximum term of imprisonment from five years to 15 years. Provides for the criminal forfeiture of all property constituting or derived from the profits or proceeds of the offense or property used to commit the offense. Authorizes the civil forfeiture of property constituting the profits or proceeds of such violation.
United States · United States Congress · 19 March 1985
Prohibits any loan from being made by the United States, or under any program which receives Federal financial assistance, to a student in a medical school outside the United States or Canada unless the school meets accreditation standards established under this Act. Prohibits any loan guarantee from being made by the United States for a student in such a medical school unless the school meets such standards. Directs the Secretary of Education and the Administrator of Veterans Affairs to jointly make arrangements under which such medical school can be accredited under the same system as those located in the United States or Canada. Requires such schools to submit applications and pay accrediting costs. Prohibits such a school from applying for accreditation if more than 25 percent of its students in any academic year are not residents of the country in which it is located. Authorizes the Secretary and the Administrator, upon application, to waive such limitation if they determine that the purpose for which the limitation is imposed will not be served by applying it to the applicant school.
United States · United States Congress · 19 March 1985
Amends the National Traffic and Motor Vehicle Safety Act of 1966 to impose criminal penalties upon manufacturers who fail to notify owners or purchasers of motor vehicle safety defects or failures to comply with motor vehicle safety standards.
United States · United States Congress · 19 March 1985
Breast Cancer Treatment Informed Consent Act - Requires any State receiving funds under titles V (Maternal and Child Health Block Grant) or XIX (Medicaid) of the Social Security Act or under the preventive health service provisions of the Public Health Service Act to require any physician or surgeon licensed to practice medicine in such State to inform any breast cancer patient of alternative methods of treatment for breast cancer before such treatment is begun. Requires that the patients be informed by means of: (1) a standardized written summary in layman's language and in a language understood by the patient of alternative methods of treatment; and (2) an explanation of the treatment options described in such written summary together with the risks associated with each procedure relative to each patient's particular medical circumstances.
![Official portrait of Rep. Hawkins, Augustus F. [D-CA-29]](https://www.congress.gov/img/member/h000367_200.jpg)