Skip to content
PoliticalRepoPoliticalRepo

Person

Official portrait of Rep. Hayes, Charles A. [D-IL-1]

Rep. Hayes, Charles A. [D-IL-1]

United States · Official source

Records

2,822 records where Rep. Hayes, Charles A. [D-IL-1] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 3204 (99th)referred

Home Equity Conversions Act of 1985

United States · United States Congress · 1 August 1985

Home Equity Conversions Act of 1985 - Amends the Internal Revenue Code to permit the owner of a residence who has attained the age of 55 to enter into a sale-leaseback transaction with a prospective purchaser of the residence and retain occupancy rights to the residence under a lease requiring a fair rental. Requires the owner of the residence to have owned and used the residence as a principal residence for three of the five years immediately preceding the sale. Allows the purchaser of such residence an income tax deduction for depreciation of the residence. Permits an owner of a residence who sells such residence under a sale-leaseback arrangement to claim the one-time exclusion from income of gain from the sale of a principal residence by an individual aged 55 or older. Excludes from the gross income of such owner the value of any occupancy rights or fair market price discount attributable to retained occupancy rights received in a sale-leaseback transaction. Permits the use of the installment sales method of accounting in reporting gain from the sale of a residence under a sale-leaseback agreement. Provides a special rule for the treatment of an annuity purchased for the owner-occupant under a sale-leaseback transaction. Establishes a legal presumption that a sale-leaseback transaction for the sale of a residence under this Act is an activity engaged in for profit for purposes of the deductibility of certain related business expenses. Exempts the purchaser of a residence under a sale-leaseback agreement from rules disallowing income tax deductions for personal use of a residence. Permits the purchaser in a sale-leaseback transaction of a principal residence to use the accelerated cost recovery system of depreciation.

Law· HRH.R. 3132 (99th)enacted

Law Enforcement Officers Protection Act of 1985

United States · United States Congress · 31 July 1985

Law Enforcement Officers Protection Act of 1985 - Amends the Federal criminal code to define "armor-piercing ammunition." Excludes from the definition: (1) shotgun shot composed in order to comply with Federal or State law; (2) frangible projectiles for target shooting; (3) ammunition containing frangible projectiles; and (4) any ammunition or projectiles which the Secretary of the Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor-piercing ammunition. Allows: (1) the manufacture or importation of armor-piercing ammunition for the use of the United States or any State or local government; (2) manufacture for the sole purpose of exportation; or (3) manufacture or importation for the purposes of testing and experimentation authorized by the Secretary. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor piercing ammunition. Authorizes the Secretary to revoke a license from a dealer for violating this Act. Requires the Secretary of the Treasury to promulgate regulations allowing for special marking on armor-piercing communication and packaging. Establishes an additional mandatory sentence for any person who during and in relation to the commission of a violent crime carries a firearm and is in possession of armor-piercing ammunition capable of being fired by such firearm.

Resolution· HCONRESH.Con.Res. 180 (99th)referred

A concurrent resolution expressing the sense of the Congress that the current tax incentives available to companies which operate in Puerto Rico should be retained.

United States · United States Congress · 31 July 1985

Expresses the sense of the Congress that the Internal Revenue Code provisions dealing with the Puerto Rico and possession tax credit (allowing domestic corporations a tax credit if certain percentages of gross income are derived from sources within a possession or from the active conduct of a trade or business within a possession) should not be revised and should be allowed to continue to operate in their present form.

Bill· HRH.R. 3100 (99th)open

Comprehensive Nuclear Weapons Freeze and Arms Reduction Act of 1985

United States · United States Congress · 30 July 1985

Comprehensive Nuclear Weapons Freeze and Arms Reduction Act of 1985 - Expresses the sense of the Congress that the President should immediately invite the Soviet Union to enter into negotiations with the United States which seek an agreement on a comprehensive freeze (a bilateral and adequately verifiable halt by the United States and the Soviet Union in all testing, production, and deployment of nuclear weapons systems). Declares the President should inform the Soviet Union of the U.S. intention to engage in a bilateral halt in the testing, production, and deployment of nuclear weapons systems. Expresses the sense of the Congress that: (1) both during and after negotiations for a comprehensive freeze the President should pursue reductions in nuclear arsenals; and (2) a comprehensive freeze is entirely consistent with, and an essential part of mutual stabilizing reductions in nuclear forces. Requires both the Senate and the House Intelligence Committees to begin oversight hearings on verification procedures for the comprehensive freeze. Sets forth which committees and subcommittees may have members participate in such hearings. Requires the Intelligence Committees to report to their respective Houses within six months of enactment of this Act on the adequacy of U.S. monitoring systems and existing procedures for verifying Soviet compliance with the comprehensive freeze. Requires the reports to include: (1) an assessment of the nature and extent of Soviet activities and installations involved in the testing, production, and deployment of nuclear weapons systems; (2) an assessment of current U.S. capabilities to monitor threatening changes in the status of Soviet nuclear forces under the comprehensive freeze; and (3) an assessment of additional monitoring systems and cooperative procedures that may be needed to increase monitoring confidence of compliance. Requires the Director of the U.S. Arms Control and Disarmament Agency to begin preparing an operational plan for implementation of the comprehensive freeze. Requires the Director to report to the Congress on the plan within nine months of enactment of this Act. Requires the report to specify: (1) procedures for the cessation of activities and closure or conversion of facilities affected by the comprehensive freeze; (2) a program for the retraining and re-employment of Government and defense industry personnel directly affected by the termination of nuclear weapons-related activities; and (3) a program of economic adjustment assistance for adversely affected communities. Directs the President to submit semi-annual reports to the Congress on: (1) the status of U.S. and Soviet negotiation efforts; (2) Soviet military activities relating to the testing, production, and deployment of nuclear weapons systems; and (3) any uncertainties concerning verification of the comprehensive freeze, the status of efforts to reduce those uncertainties, and the national security implications of those uncertainties. Imposes the following restrictions on nuclear testing, deployment, and production only if the Soviet Union, within a specified time, informs the President that the Soviet Union will observe a bilateral halt in the testing, production, and deployment of nuclear weapons systems. Prohibits obligating or spending appropriations for testing, producing, or deploying nuclear weapons systems, unless the Congress expressly provides otherwise. Allows the testing and deployment of specified nuclear missiles for a limited time. Sets forth the effective dates of such restrictions. Authorizes the President to request the Congress to remove the funding restrictions on the testing, production, and deployment of nuclear weapons systems only if the President certifies to the Congress that: (1) the Soviet Union has failed to demonstrate a restraint with respect to nuclear weapons systems which corresponds to the restraint being shown by the United States; or (2) continuation of the funding restrictions would cause significant and irreparable damage to U.S. national security. Provides for expedited congressional consideration of such a request by the President.

Bill· HRH.R. 3114 (99th)open

Children's Survival Act

United States · United States Congress · 30 July 1985

Children's Survival Act - Title I: Programs for the Improvement of Foster Care - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to extend indefinitely: (1) the conditional ceiling on Federal financial participation in foster care; (2) the provision which permits a State to use, under part B (Child Welfare Services) of title IV, funds made available to it under the conditional ceiling that are not needed under part E; and (3) the provision permitting Federal financial participation for foster care for certain children voluntarily placed in foster care. Requires a State, under such part E, to: (1) make foster care maintenance payments to foster care children until they reach the age of 21, if they are students who are regularly attending a secondary school or a course of vocational or technical training designed to fit them for gainful employment; and (2) provide financial subsidies (independent living subsidies) to support youths aged 16 through 21, who are in substitute care under the supervision of a child welfare agency, in the transition to financial and social independence. Amends the Adoption Assistance and Child Welfare Act of 1980 to make permanent specified provisions which provide for Federal payments for certain dependent children voluntarily placed in foster care. Title II: Child Care Provisions - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to provide that the amount of the payment to a State shall be equal to 75 percent of its expenditures for the provision of services directed at the goals set forth in such title, but may not exceed the amount of its allotment. Sets allotment amounts for FY 1985 through 1988 and each succeeding fiscal year. Reserves from the allotments set for FY 1986 through 1988 and each succeeding fiscal year specified amounts for: (1) a National Resource Center on Family Day Care; (2) human services personnel training; (3) child day-care services; (4) grants to States for upgrading or implementing their licensing, regulation, and monitoring of child day-care services to meet specified standards; and (5) provision of services (including human services personnel training and child day-care services) generally authorized under title XX. Provides that the National Resource Center on Family Day Care is to be operated on a regional basis, either directly or through grant or contract. Includes among Center functions: (1) training individuals involved in training family day care providers; (2) serving as a clearinghouse for resource materials; and (3) providing technical assistance with respect to relevant laws and regulations. Designates specified percentages of the funds reserved for use by States to provide human services personnel training for: (1) training providers, operators, and staffs of licensed or registered child care services and facilities, State licensing and enforcement officials, and parents; (2) making grants to community-based nonprofit organizations (meeting certain requirements) within a State to provide support services and assistance for family day-care providers. Requires that specified funds reserved for child day-care services be used by States only for the provision of such services to children: (1) who are, or are at risk of being, abused or neglected, and who are in families receiving child protective services; (2) of eligible families who are recipients of aid to families with dependent children (AFDC); and (3) of low-income adolescent parents, working parents, parents enrolled in education or training programs, and parents seeking employment. Sets forth conditions for State eligibility to receive specified funds reserved for assistance in meeting standards for licensing, regulation, and monitoring of child day-care services. Sets forth provisions for allotment of the various sorts of reserved funds under title XX. Amends the Education Consolidation and Improvement Act of 1981 (ECIA) to add new chapter 3 provisions for school-based child care and early childhood education demonstration projects. (Redesignates the current chapter 3 provisions as chapter 4.) Authorizes appropriations for FY 1986 through 1990 for such projects in the public schools to increase the availability of child care and early childhood education services for children aged four and five, particularly those from low-income families. Authorizes the Secretary of Education to make grants to local educational agencies (LEAs) to pay the Federal share of the cost of establishing and supplementing child care services and early childhood education for four and five-year-old children in the elementary and secondary schools of such LEA. Permits such child care services and early childhood education to include: (1) the extension of half-day kindergarten to meet the needs of working parents; (2) services for four-year-old children which shall be available for the full working day throughout the calendar year using public elementary or secondary school facilities; and (3) arrangements to furnish part-day care for children to complement half-day school-based kindergarten or early childhood education programs furnished in elementary schools. Allows LEAs receiving such assistance to enter into contracts for such services with public agencies and nonprofit private organizations which: (1) represent significant portions of the community to be served; and (2) have experience furnishing child care services. Sets forth provisions for grant applications and approval. Requires LEA applications to be reviewed by the appropriate State educational agency (SEA) before submission to the Secretary. Requires assurances that project participants will receive the services free of charge for children from families with incomes less than 150 percent of the poverty level. Requires a sliding scale of fees dependent upon the family's income for other participants. Requires a description of measures which the LEA will take to encourage the equitable participation of handicapped and severely handicapped children in such projects. Requires projects to meet specified minimum standards and to encourage parent involvement in project design and operation. Requires specified assurances as to the non-Federal share of such project costs. Requires establishment of community advisory panels. Directs the Secretary to: (1) establish objective criteria for application approval; (2) ensure adequate distribution of such grants; and (3) give preference to applications which propose projects serving a significant portion of children from low-income families and projects furnishing services for the entire workday. Allows such grants to be made for a period of five fiscal years, but requires annual reevaluation to ensure that project goals and objectives have been met. Directs the Secretary, upon finding that an LEA is not making progress toward meeting its project goals and objectives, to discontinue its grant, after notice and opportunity for a hearing. Limits the maximum Federal share of project costs to: (1) 75 percent in the first year; (2) 60 percent in the second year; and (3) 40 percent in the third, fourth, and fifth years. Sets forth annual reporting requirements for LEAs receiving such project grants. Directs the Secretary, by September 30, 1989, to report to the Congress and the President on the basis of such annual LEA reports and an independent evaluation of such projects. Limits the amount of funds which may be used for such evaluation. Sets forth the following provisions which may be cited as the "Public Housing Child Care Demonstration Program Act." Directs the Secretary of Housing and Urban Development to: (1) make grants to public housing agencies to contract for lower-income housing project resident child care services; and (2) design such program to determine the extent to which it facilitates resident employability. Requires a report to the Congress on such program within three years after the enactment of this Act. Authorizes appropriations for such program for FY 1986 through 1988. Sets forth provisions for grants to States for scholarships for individuals pursuing child development associate credentials. Authorizes the Secretary of Health and Human Services to make a grant for any fiscal year to any State receiving a grant under title XX (Grants to States for Services) of the Social Security Act to enable the State to award scholarships to eligible individuals within the State who are candidates for the Child Development Associate (CDA) credential. Defines "eligible individual" as a CDA candidate whose income does not exceed a specified poverty line by more than 50 percent. Sets forth requirements for State applications for such grants and for distribution of such grants throughout the Nation. Requires States receiving such grants to submit specified program information to the Secretary annually. Authorizes appropriations for FY 1986 and succeeding fiscal years. Title III: Child Health Programs - Amends title V (Maternal and Child Health Services Block Grant) of the Social Security Act to increase the amount authorized to be appropriated for FY 1986 for specified purposes under such title V. Provides that such sums as may be necessary for such purposes shall be authorized for each fiscal year after FY 1986. Amends the Public Health Service Act to authorize appropriations for FY 1986 through 1988 for: (1) community health centers for primary care; and (2) migrant health centers. Repeals provisions relating to the primary care block grant program. Amends title XIX (Medicaid) of the Social Security Act to require States to make Medicaid assistance available if the individual's family income and resources do not exceed specified levels to: (1) medically verified pregnant women; (2) effective October 1, 1985, individuals under age six; and (3) effective October 1, 1986, individuals under age 18. Defines "family," for such purposes. Provides that medical assistance for pregnant women under Medicaid shall include all of specified care and services without limitation on the amount, duration, or scope of necessary medical assistance, and without regard to whether such care and services are furnished in equal amount, duration, or scope to other individuals entitled to assistance under the State plan. Provides that, for purposes of eligibility for and extent of Medicaid assistance, the financial responsibility of an individual for the individual's child shall not be taken into account if such child is medically verified pregnant. Provides, for purposes of determining Medicaid eligibility, for treating as incurred expenses the amount that would otherwise be charged by a provider, who is funded in whole or in part under title V (Maternal and Child Health Services Block Grant) of the Social Security Act or under provisions for primary care community health centers or migrant health centers under the Public Health Service Act, for services rendered to pregnant women or to individuals under age 21, if such charge has been reduced or not imposed pursuant to specified provisions of such Acts. Title IV: Child Education Program - Amends Chapter 1 (Financial Assistance to Meet Special Educational Needs of Disadvantaged Children) of the Education Consolidation and Improvement Act of 1981 (ECIA) to authorize appropriations to carry out Chapter 1 for FY 1986 and 1987. Amends the Bilingual Education Act to specify the amounts which are authorized to be appropriated for FY 1986 through 1988 to carry out such act. Amends title VII (Magnet School Assistance) of the Education for Economic Security Act to rename such title "Desegregation Assistance." Deletes aiding local educational agencies (LEAs) as a stated purpose of such title. Replaces that stated purpose with the stated purpose of aiding LEAs to implement desegregation plans. Adds to the current list of stated purposes other purposes relating to: (1) additional staff; (2) new curricula, methods, or materials for a program for children from all social, ethnic, and economic backgrounds; (3) innovative educational activities, including extracurricular activities, involving the joint participation of minority group children and other children; (4) community relations activities in support of the plan; (5) repair, minor remodeling, or alteration of existing school facilities and lease or purchase of mobile education facilities to carry out program activities. Authorizes the Secretary of Education to make grants under such title to eligible LEAs for use in activities (current law limits this to use in magnet schools) which are part of an approved desegregation plan and which are designed to bring students from different social, economic, ethnic, and racial backgrounds together. Increases the amount authorized to be appropriated for such title in FY 1986 and extends the authorization of appropriations through FY 1990. Expresses the sense of the Congress that: (1) appropriations for FY 1986 for all programs under the Education of the Handicapped Act should total a specified amount to reflect the authorization levels enacted in the Education of the Handicapped Act Amendments of 1983; and (2) the appropriation for FY 1986 for part B of the Education of of the Handicapped Act, relating to Assistance for Education of All Handicapped Children (the basic State grant program) should equal a specified amount to compensate for the excess cost in educating handicapped students. Amends Chapter 1 of ECIA to establish a program of early childhood education incentive grants. Authorizes appropriations for FY 1986 through 1990 for such program. Directs the Secretary of Education to make such grants to LEAs for programs and projects designed to meet the special educational needs of educationally deprived children who are four years of age. Requires such programs and projects to meet specified conditions under Chapter 1. Sets forth application requirements and formulas for the allocation of such grants. Increases the amount authorized to be appropriated for such title. Amends the Elementary and Secondary Education Act of 1965 to add a new title X, School Dropout Prevention and Recovery, which may be cited as the Dropout Prevention and Recovery Act of 1985. (Redesignates the current title X as title XI.) Authorizes appropriations for FY 1986 through 1990 for such dropout prevention and recovery program. Provides that specified portions of such funds shall be used for: (1) a nationwide school dropout reporting system; (2) a one-year national study by the Secretary of Education (with a portion of the FY 1986 funds); (3) national dissemination and evaluation (with a portion of the funds for fiscal years after 1986); (4) demonstration projects for potential school dropout identification and prevention; and (5) demonstration projects for school dropout recovery. Sets forth provisions for the dropout reporting system. Authorizes the Secretary of Education to make grants to State educational agencies (SEAs) with approved plans on file for the establishment and operation of comprehensive systems for reporting information on school dropouts. Sets forth formulas for allotments to States and within-State allocations. Sets forth requirements for State and local applications. Sets forth annual reporting requirements for LEAs and SEAs. Requires the Secretary to submit an annual report to the Congress on school dropouts. Directs the Secretary to carry out a one-year study to develop: (1) model local and State reporting systems; (2) standard minimum reporting requirements; (3) a standard definition of school dropouts; and (4) a standard list of reasons for dropping out of school. Directs the Secretary to disseminate information on and requested technical assistance in implementing, model reporting systems to SEAs and LEAs. Sets forth provisions for dropout prevention projects. Directs the Secretary of Education to make grants to LEAs for demonstration projects for the early identification of potential school dropouts and the prevention of their dropping out. Requires each project to consist of at least one secondary school and its feeder junior high or middle school and elementary schools. Sets forth grant requirements, including LEA establishment of an advisory council representing specified groups. Directs the Secretary to give special consideration to areas with large proportions of potential dropouts and to projects which focus on the problems of teenaged parents. Limits such grants to three years, with annual reviews of progress. Sets forth application requirements. Makes the Federal share no more than 75 percent in the second year and 50 percent in the third year. Sets forth provisions for dropout recovery projects. Directs the Secretary of Education to make grants to LEAs for demonstration projects to encourage school dropouts to return to educational programs. Sets forth grant requirements, including operation on a clinical and client-oriented basis, teaching of basic academic skills, career counseling and placement, partnership with labor and business, use of community-based organizations, and involvement of parents. Authorizes the LEA to conduct such a project: (1) under a contract with a community-based organization; (2) in a school or a nonschool community setting; (3) with needed support services, such as child care; (4) combining classroom and workplace instruction; and (5) providing instruction in practical work values and specific vocational skills which reflect labor market demand. Directs the Secretary to give special consideration to projects designed to serve large numbers of dropouts and projects focusing on teenaged parents. Limits such grants to three years, with annual reviews of progress. Sets forth application requirements. Makes the Federal share no more than 75 percent. Sets forth provisions for dissemination of information on demonstration projects relating to school dropouts and for evaluation of such projects and the dropout reporting system. Directs the Secretary of Education to establish a system to disseminate such information on dropout prevention and recovery projects. Directs the Secretary to arrange for the evaluation of dropout reporting systems and dropout prevention and recovery projects. Sets forth general provisions relating to grants under the dropout prevention and recovery program. Amends the Education Consolidation and Improvement Act of 1981 (ECIA) to add a new Chapter 4, School-Based Child Care for Adolescent Parents. (redesignates the current chapter 4 as chapter 5.) Authorizes the Secretary of education to make grants, under such chapter 4 program, to LEAs for school-based child care centers for students who want to continue their education following the birth of a child. Requires that such centers serve predominantly low-income students and be designed to meet the special needs of adolescent parents and their children by providing (either directly or by contract with community-based child care organizations): (1) child care which starts as soon as the mother can return to school and continues at least until the child is 30 months of age; (2) parenting education; and (3) transportation services. Authorizes centers to also use funds to provide specified other services. Requires that such child care services be within walking distance of the school building attended by the student and meet specified standards. Requires LEAs to establish local advisory panels for such chapter 4 projects. Sets forth application requirements. Makes the Federal share no more than 75 percent in the second year and 50 percent in the third and any subsequent year. Requires such program to continue for five years, with annual reevaluations which are to be summarized in a specified annual report of the Secretary. Authorizes appropriations for such chapter 4 program for FY 1986 through 1990. Amends the Elementary and Secondary Education Act of 1965 to add a new title XI, School-Based Student Enterprises Program. (Redesignates as title XII of such Act that current title X which was redesignated as title XI earlier in this Act.) Authorizes appropriations for FY 1986 through 1990 for such school-based student enterprises program. Directs the Secretary of Education to make grants to LEAs to operate school-based student enterprises within secondary schools. Requires LEAs, in developing such student enterprise programs, to: (1) try to meet community social and economic needs and cooperate with local economic development efforts; and (2) establish an advisory board including representatives of specified groups. Sets forth application and approval requirements. Provides that a grant under such program shall continue for three years, with annual reviews. Allows extensions of such three-year period. Makes the Federal share of such grants 100 percent for the first three years, but no more than 40 percent for the fourth and fifth years. Requires LEAs receiving such grants to report annually to the Secretary.. Amends the Elementary and Secondary Education Act of 1965 (ESEA) to add a new title VIII, Effective Schools, which may be cited as the Effective Schools Development in Education Act of 1984. Establishes, under such new title VIII of ESEA, a grants program to promote more effective schools and excellence in education. Authorizes appropriations for FY 1986 through 1990 for such grants program. Allows program grants to be used to: (1) promote State educational agency (SEA) and local educational agency (LEA) awareness of effective schools information through conferences at schools and district and multidistrict offices and through onsite visits to model effective schools; (2) develop and implement systems of data collection, analysis, interpretation, and communication; (3) plan, review, and revise program activities; (4) support related effective schools efforts; (5) obtain technical assistance and consultant services from regional educational laboratories, research and development centers, institutions of higher education, and other nonprofit educational organizations; (6) design, develop, and publish educational materials on effective schools programs; (7) conduct program evaluations; and (8) otherwise identify, document, and disseminate information concerning exemplary effective schools programs. Requires that program grant applications by SEAs or LEAs demonstrate that: (1) the applicant has an effective schools improvement program in effect; (2) grant funds would be used to pay not more than one-half of the cost of any program or activity; (3) grant funds would be supplementary; and (4) independent annual evaluations will be conducted and reported. Directs the Secretary of Education, in selecting grant recipients, to: (1) consider the extent to which grant funds would be used to improve schools in districts with the greatest numbers or percentages of educationally deprived children and the extent to which the applicant's ongoing effective schools program has demonstrated the capacity to improve student achievement or behavior; (2) ensure reasonable geographic distribution of grants; and (3) designate grants as being available for a period of at least one but not more than three years. Sets forth provisions for technical assistance and program evaluation. Requires the Secretary to report to the Congress by September 1, 1986. Amends the Higher Education Act of 1965 to add a new title XII, University-High School Partnerships. (Redesignates the current title XII as title XIII.) Authorizes appropriations for 1986 through 1990 for the new title XII, to encourage partnerships between institutions of higher education and secondary schools serving low-income students in order to support programs that: (1) improve the academic skills of secondary school students; (2) increase their opportunity to continue a program of education after high school; and (3) improve their prospects of employment after high school. Requires, for purposes of eligibility for a title XII grant, for institution of higher education and a local education agency to enter into a written partnership agreement. Allows the partnership to include businesses, labor organizations, professional associations, community-based organizations, or other private or public agencies or associations. Requires all partners to sign the agreement. Requires the agreement to include a listing of all participants in the partnership, a description of their responsibilities, and a listing of the resources to be contributed by them. Directs the Secretary of Education to reserve 65 percent of title XII funds for programs operating during the regular school year and 35 percent for summer programs. Limits the amount of such a grant to between $250,000 to $1,000,000. Allows the partnership to use the grant for programs that use college students to tutor high school students and that improve high school students' basic academic skills, their understanding of specified subjects, opportunity to continue a program of education after graduation, and their prospects for employment after graduation. Directs the Secretary, in making such grants, to give preference to: (1) programs which will serve predominantly low-income communities; (2) partnerships which will run programs during the regular school year and the summer; and (3) programs which will serve educationally disadvantaged students, potential dropouts, pregnant adolescent and teen parents, or the gifted and talented. Sets forth grant application requirements. Limits the Federal share of the cost of the project to no more than 70 percent in the first year, 60 percent in the second year, and 50 percent in the third year and any subsequent year. Amends the Higher Education Act of 1965 to add a new title XII, College-Based Child Care Programs. (Redesignates the current title XII as title XIII.) Authorizes appropriations for FY 1986 through 1990 for grants to institutions of higher education for: (1) construction, reconstruction, and renovation of higher education facilities to be used to provide child care services; (2) child care services for disadvantaged college students (with two-thirds of the participants to be low-income students who are first generation college students, and the remainder, to be either low-income or first generation college students); and (3) child care personnel work-experience programs (which provide experience for students by arranging part-time employment for them in child care programs). Title V: Child Nutrition Programs - Subtitle A: Food Stamp Program - Amends the Food Stamp Act of 1977 to provide food stamp program eligibility as households for homeless individuals or homeless groups of individuals who do not reside in permanent dwellings or who have no fixed addresses, but who customarily purchase food and prepare meals for their own consumption. Requires the State agency to provide a method for certifying and issuing to individuals who qualify, assuring that such method limits participation in the program to eligible households. Sets forth requirements, under the food stamp program, for specified annual adjustments of the thrifty food plan. Excludes child support payments, which are disregarded for AFDC purposes, from household income for purposes of eligibility determinations under the food stamp program. Raises the earned income deduction to 20 percent for purposes of such food stamp program determinations. Provides for an excess shelter expense deduction and an excess medical expense deduction for purposes of such food stamp program determinations. Sets forth provisions for monthly reporting and retrospective accounting for purposes of household income calculations under the food stamp program. Increases the monetary amounts of household resources which may be owned by households participating in the food stamp program. Excludes from determinations of the amount of such household resources any real or personal property to the extent that it is directly related to the maintenance or use of a licensed vehicle which is used to produce earned income or is necessary for the transportation of a physically disabled member. Requires annual adjustments of the value of vehicles excluded from such resource determinations. Limits the value of such an excluded vehicle to not more than $5,500. Requires State agencies to undertake effective action (including the use of services provided for other federally funded agencies and organizations) to inform low-income households of the availability and benefits of the food stamp program and insure the participation of eligible households in such program. Subtitle B: School Lunch Program - Amends the National School Lunch Act to reserve a specified amount of school lunch program appropriations for food service equipment assistance for those programs which served 60 percent or more of their lunches during the second preceding school year for free or at a reduced price. Revises income guidelines for determining eligibility for free lunches under the school lunch program. Makes such free lunch income guidelines equal to 130 percent of the applicable family-size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget, with annual adjustments based on changes in the Consumer Price Index. Eliminates reference to food stamp program eligibility standards for purposes of the school lunch program. Revises the income guidelines for determining eligibility for reduced price lunches under the school lunch program. Increases such reduced price lunch income guidelines. Prohibits the Secretary of Agriculture from requiring local school authorities to verify data contained in school lunch program applications for any fiscal year for which funds have not been appropriated to reimburse the direct costs of such verification. Authorizes appropriations for such reimbursement of verification costs. Excludes certain medical expenses from household income determinations for purposes of school lunch program eligibility. Provides for automatic eligibility for free lunch and breakfast, under the school lunch program, for any child who is a member of a household under the food stamp program or a member of an AFDC assistance unit, in a State where the standard of eligibility for such assistance does not exceed 130 percent of the income poverty guidelines. Prohibits any school or school food authority participating in a program under the National School Lunch Act from contracting with a food service company to provide a la carte food service unless such company agrees to offer free, reduced-price, and full-price reimbursable meals to all eligible children. Permits local educational agencies to use facilities, equipment, and personnel provided under the National School Lunch Act and the Child Nutrition Act of 1966 to support nonprofit nutrition programs for the elderly (including programs funded under the Older Americans Act of 1965). Includes specified types of private nonprofit organizations under the definition of service institutions for purposes of the summer food service program for children. Defines private nonprofit organizations, for such purposes, as only such organizations (including summer camps) which: (1) operate at not more than 15 sites (or 20 sites, if a waiver is granted); and (2) use self-preparation facilities to prepare meals or obtain meals from a public facility (such as a school district, public hospital, or State university). Sets forth requirements for participation in such program by such private non-profit institutions. Extends through FY 1988 the authorization of appropriations for the summer food service program for children under the National School Lunch Act. Extends through FY 1988 the responsibility of the Secretary of Agriculture to use certain funds to carry on the commodity distribution program for purposes of programs under the National School Lunch Act, the Child Nutrition Act of 1966, and the Older Americans Act of 1965. Revises provisions relating to reimbursement rates for specified child care food programs of: (1) lunches and suppers under the National School Lunch Act; (2) breakfasts under the Child Nutrition Act of 1966; and (3) supplements (snacks). Adds one meal and one snack (for a total of three meals and two snacks per day) to the child care food program. Directs the Secretary of Agriculture to conduct a study to consider: (1) the feasibility of making the school lunch program a universal program for all children; and (2) various methods operating a self-financing school lunch program for all children, including reserving a separate source of revenue for any such program. Directs the Secretary to report on such study, with recommendations, to the Congress by January 1, 1988. Extends through the school year ending June 30, 1986, a specified school lunch pilot project study, subject to the availability of appropriations. Requires such study to include: (1) at least 16 of the school districts using the commodity letter of credit approach; (2) at least 16 of the school districts using the cash in lieu of commodities approach; and (3) the six remaining school districts from a specified original study. Directs the Secretary of Agriculture, in carrying out such pilot project study, to: (1) provide bonus commodities; (2) provide all cash, or all letters of credit, in lieu of commodities; and (3) maintain the control group sites used on the date of enactment of this Act. Directs the Secretary, subject to the availability of funds, to provide cash compensation to a school district which was participating in such pilot project study on or before the date of enactment of this Act for losses sustained by the district as a result of the alteration of study methodology during the school year ending June 30, 1983. Directs the Secretary to report to the Congress by December 15, 1985, on the results of such study extension. Authorizes appropriations to carry out such study extension and to provide for such compensation. Subtitle C: School Breakfast Program - Amends the Child Nutrition Act of 1966 to provide that a limitation relating to certain schools under the special milk program shall not apply to their kindergartens. Directs the Secretary of Agriculture to increase by six cents the annually adjusted payment for each breakfast served under the Child Nutrition Act of 1966 and the National School Lunch Act to assist States in improving the nutritional quality of such breakfasts. Directs the Secretary to review and revise (taking into account certain considerations) the nutrition requirements for meals served under the school breakfast program to improve the nutritional quality of such meals. Directs the Secretary to promulgate regulations to implement such revisions within 180 days after the date of enactment of this Act. Permits the local school food authority to allow students in schools that participate in the school breakfast program to refuse not more than one item of such meal which they do not intend to consume. Provides that such refusal shall not affect the full charge to the student or the amount of payments to such school for such breakfast. Extends through FY 1988 the authorizations of appropriations, under the Child Nutrition Act of 1966, for: (1) State administrative expenses for specified programs under such Act and the National School Lunch Act; (2) the special supplemental food program for low-income pregnant, postpartum, and breastfeeding women, infants, and children who are at nutritional risk (WIC) and State and local administrative expenses for such program; and (3) grants to States for nutrition education and information programs (and increasing the maximum amount authorized to be appropriated for such grants). Directs the Secretary of Agriculture to conduct a study of the allocation formula and procedures used under such provisions for payment of State administrative expenses. Requires such study to include an analysis of State costs and contributions for administrative expenses and a State matching requirement. Directs the Secretary to report on such study to the Congress by January 31, 1986. Replaces the definition of, and references to, "administrative costs" with a definition of, and references to, "costs for nutrition services and administration. Replaces references to "administrative funds" with references to "funds for nutrition services and administration. Includes coordination with the AFDC program among required provisions in State agency plans for the special supplemental food program. Includes provision of technical assistance to improve State agency administrative systems among those uses to which the Secretary of Agriculture may put specified reserved funds under the special supplemental food program (WIC). Directs the Secretary of Agriculture to limit to a minimal level specified documentation required of a State agency wanting to expend a lesser amount than required for nutrition education activities under the special supplemental food program (WIC). Sets forth provisions relating to the apportionment and the expenditure of funds under the special supplemental food program (WIC). Requires the Secretary of Agriculture to: (1) fill within 90 days any vacancy on the National Advisory Council on Maternal, Infant, and Fetal Nutrition; and (2) ensure that such Council meets at least once every 12 months. Deletes a provision which declares that 11 members of such Council shall constitute a quorum. Directs the Secretary of Agriculture to conduct a study of the effect on families of the school breakfast program, the child care food program, and other programs under the Child Nutrition Act of 1966. Requires such study to consider whether alternative nutrition delivery programs would strengthen families. Directs the Secretary to report on such study, with recommendations, to the Congress by January 1, 1987. Subtitle D: School Lunch and School Breakfast Programs - Increases the Federal reimbursement for reduced price meals for the school lunch program under the National School Lunch Act and the school breakfast program under the Child Nutrition Act of 1966. Raises the tuition limitation amount for private schools under such programs and provides for annual adjustments in such tuition limitation amount to reflect changes in the Consumer Price Index for All Urban Consumers. Prohibits the Secretary of Agriculture from making any change in the method of calculating income, as in effect on January 1, 1985, used to determine eligibility for free or reduced-price meals, food supplements, or other assistance under the National School Lunch Act or the Child Nutrition Act of 1966 which would result in any reduction in, or denial of, such assistance, except as specifically directed by law. Makes such prohibition effective during the period beginning on the date of enactment of this Act and ending on September 30, 1986. Makes technical and conforming amendments to the National School Lunch Act and the Child Nutrition Act of 1966. Subtitle E: Effective Dates - Sets forth effective dates for various provisions of this title. Permits school food authorities to elect to delay implementation of specified provisions for a certain period. Directs the Secretary of Agriculture, within 60 days after the date of enactment of this Act, to issue final regulations to implement amendments made by this Act which provide for the exclusion of certain medical expenses from household income determinations under the National School Lunch Act. Makes such amendments effective upon issuance of such final regulations, but permits each school food authority to delay implementation of any such amendments to a date not later than July 1, 1985. Title VI: Family Support Programs - Amends Part A (Aid to Families With Dependent Children) of title IV of the Social Security Act to provide incentives to States to increase AFDC benefit levels. Provides that, in the case of a State increase of AFDC benefit levels, the State share of expenditures attributable to such increase shall be reduced and the Federal share increased. Requires the adjustment of the State standard of need under the AFDC program by October 1, 1988, to reflect increases in the cost of living since July 1, 1969. Sets forth requirements for the establishment of a national minimum benefit level under the AFDC program. Directs the Secretary of Health and Human Services to make such grants to assist States and localities in establishing and carrying out programs designed to help pregnant individuals and parents residing with young children to become self-sufficient. States that it shall be the objective of each such program to help achieve self-sufficiency for individuals under the age of 25 who are eligible for AFDC, who are pregnant, or who are parents residing with children under the age of six, and who voluntarily elect to participate in the program by: (1) requiring such individuals to seek a high school diploma or take part in appropriate training; (2) providing each participant with academic or vocational training and job placement; (3) coordinating services available to participants; and (4) providing each participant with other services and assistance designed to meet such objective. Requires a program to meet certain requirements, including the provision of child care services, necessary transportation, and an outreach program designed to attract individuals who would be eligible for the program. Limits the size of a grant for such program to: (1) in FY 1985 and 1986, two percent of the State's AFDC Federal payment; (2) in FY 1987, three percent of such payment; and (3) in FY 1988 or any subsequent fiscal year, four percent of such payment. Directs the Secretary, in consultation with the States, to establish a systematic reporting system capable of yielding comprehensive data on which service figures and program evaluations shall be based. Directs the Secretary to report annually to the Congress, and the States to report annually to the Secretary. Authorizes appropriations for such grants program. Provides for modifications of AFDC earned income disregards. Revises the definition of dependent child to include any eligible needy child who is a student regularly attending secondary school (or a course of vocational or technical training designed to fit him or her for gainful employment) and who is under the age of 21. Repeals provisions which require consideration of parental and certain other familial income in determining the AFDC eligibility of adolescent parents who live in their parents' home. Provides for AFDC payment to a pregnant woman from the time her pregnancy is medically verified. Removes restrictions on AFDC payments to meet the needs of an unborn child or to meet the needs of a woman occasioned by or resulting from her pregnancy. Sets forth program requirements for AFDC eligibility for needy children in two-parent families not otherwise eligible. Revises the formula for determination of the portion of a stepparent's income which is to be taken into consideration for AFDC program eligibility purposes. Title VII: Tax Reform Designed to Benefit Families - Amends the Internal Revenue Code (IRC) to increase the earned income credit. Includes consideration of dependent children under 21 and additional consideration of dependent children under age 6 in determining the amount of such credit. Phases out the credit as the earned income of the taxpayer increases. Provides for a cost-of-living adjustment to the earned income credit. Sets forth requirements that payments of needs-based governmental benefits be disregarded in determining support and maintenance of household, under IRC provisions relating to definitions and special rules. Increases the zero bracket amount for heads of households to the amount for joint returns. Increases, and makes refundable, the tax credit for household and dependent care services. Requires that the earned income credit and the credit for household and dependent care services be disregarded for purposes of determining eligibility for, or amount of, benefits or assistance under any Federal program or under any State or local program financed in whole or part with Federal funds. Title VIII: Youth Employment and Training Programs - Sets forth provisions which may be cited as the Summer Youth Employment, Training, and Education Act of 1985. Amends the Job Training Partnership Act (JTPA) to require the addition of an education component to the summer youth employment and training programs under part B of title II (Training Services for the Disadvantaged) of JTPA. Requires that each service delivery area (SDA) be allotted an amount equal to at least 90 percent of the amount available to such area for the summer youth program in the preceding fiscal year. Requires ratable reductions in the allocation to each SDA if appropriations are not sufficient to provide such amount to each SDA. Requires that allotments to States and allocations to SDAs be: (1) made in accordance with provisions for prompt allocation of funds; and (2) available for planning purposes before the beginning of the summer months for which allotted and allocated. Requires that summer youth program funds be used so that participants spend a portion of their time on individualized, self-paced, remedial and basic academic and functional competency development and achieve specified types of performance standards established and developed in each SDA. Requires that the portion of a participant's time spent on such competency development be in addition to, and not in place of, regular employment under the summer youth program. Prohibits summer youth program funds from being used to provide employment to any individual who fails to comply with attendance standards established by the SDA with respect to such education components. Prohibits summer youth program funds from being used to compensate or reward participants for attendance at such education components, except under specified provisions which require that a portion of matching funds be used to provide bonuses to participants for achievement of academic and functional competence. Specifies that planning for summer youth programs does not have to be conducted during the summer months. Sets forth matching fund requirements for summer youth programs. Requires each private industry council (PIC), for each program year beginning after June 30, 1987, to make available from non-Federal sources an amount for use in such programs equal to at least one and one-half percent of the amount made available under JTPA for such programs in that SDA for the applicable program year. Allows each PIC, for program years beginning July 1, 1985, and July 1, 1986, to make available such matching amounts. Limits, for any program year beginning after June 30, 1987, such matching amounts to not less than $20,000 and not more than $100,000 per SDA. Requires each PIC to notify the State of the PIC's matching amount by April 1 of the preceding program year. Requires each State, for program years beginning after June 30, 1987, to provide to each PIC an amount equal to the PIC matching amount. Allows States to provide such State matching amount from non-Federal sources or to use funds available to them under part A (Adult and Youth Programs) of title II of JTPA and under chapter 2 (Consolidation of Federal Programs for Elementary and Secondary Education) of the Educational Consolidation and Improvement Act of 1981. Requires each State, for program years beginning July 1, 1985, and July 1, 1986, to reserve one and one-half percent of its State allotment under part A, to be allocated to PICs in proportion to the matching amounts made available by such PICs for such program years. Requires that such matching amounts be used to: (1) support the education and training components of the summer youth programs; (2) provide bonuses to participants for achievement of academic and functional competence; and (3) after complying with (1) and (2), create additional employment opportunities under the summer youth programs. Allows matching amounts to be in cash or in-kind, but requires that in-kind matching amounts be in the form of state-of-the-art basic and remedial education materials and equipment suitable for use for summer youth programs for the applicable program year. Requires each SDA to maintain complete records on the improvements in academic and functional competency attained by participants in the summer youth programs. Requires that such records be compiled by reference to State and locally determined general education diploma and basic education competency requirements. Requires each SDA to submit summaries of such records to the State. Requires States to submit annual reports on such summaries to the Secretary of Labor. Directs the Secretary to include an analysis of such reports in the Secretary's annual report to the Congress on employment and training programs. Provides that a specified portion of the State allotment under JTPA which is currently available for State education programs shall also be available to carry out matching requirements for summer youth programs. Amends the Job Training Partnership Act (JTPA) to authorize appropriations in a specified amount for FY 1986. (Continues the authorization of appropriations in such sums as shall be necessary for such program in succeeding fiscal years.) Revises the definition of "supportive services", under JTPA, to: (1) require inclusion of transportation, child care, and needs-based payments (determined with locally developed formula or procedure); and (2) allow inclusion of certain other services. Includes local social service agencies among those groups which must be represented on private industry councils under JTPA. Requires that special efforts to recruit teenaged parents and other youth from families receiving public assistance be included under the procedures for identifying and selecting participants which job training plans must contain. Requires that the number of teenaged parents and other youth from public assistance families participating in the job training program be specified in an annual report to the State Governor. Raises from 30 percent to 35 percent the limitation on the maximum portion of funds available to a service delivery area for any fiscal year for programs under part A (Adult and Youth Programs) of title II (Training Services for the Disadvantaged) of JTPA which may be expended for administrative costs and specified other costs (including certain work experience program expenditures and supportive services). Requires, in the making of expenditures for such specified costs, priority to be given to ensuring that participants' needs for transportation, child care and needs-based payments are met. Requires, in outreach activities using funds under part A of title IV of JTPA, that particular emphasis be given to informing, and encouraging program participation by, teenaged parents and other youth from public assistance families. Makes technical and conforming amendments. Amends the Fair Labor Standards Act of 1938 to increase the minimum wage to $4.00 an hour after December 31, 1985.

Bill· HRH.R. 3099 (99th)referred

A bill to amend the Communications Act of 1934 to expand the availability of hearing-aid compatible telephones.

United States · United States Congress · 30 July 1985

Amends the Communications Act of 1934 to direct the Federal Communications Commission to: (1) establish regulations necessary to ensure access (currently, reasonable access) to telephone service by persons with impaired hearing; and (2) require that all telephones (currently, essential telephones) provide internal means for effective use with hearing aids specially designed for telephone use. Repeals a provision directing the Commission to consider the costs and benefits to all telephone users when making rules concerning telephone service for the disabled.

Bill· HRH.R. 3090 (99th)open

Occupational Disease Compensation Act of 1985

United States · United States Congress · 26 July 1985

Occupational Disease Compensation Act of 1985 - Establishes a Federal program for occupational disease compensation for the death or disability of workers or their dependents which is caused by work-related exposure to asbestos or to other toxic substances (to be designated later). Makes such compensation compulsory and nonelective and the claimant's exclusive remedy with respect to any employer, such employer's insurance carrier, or the collective bargaining agent of such employer's employee, and any employee, officer, director or agent of such persons. Provides that such compensation shall not constitute the exclusive remedy with respect to any "third party." Provides that these exclusive remedy provisions shall neither: (1) terminate any lawsuit pending on the effective date of this Act; nor (2) preclude such a suit after such date if the suit claims that the employer, with knowledge of the associated health hazards nonetheless intentionally or with reckless indifference exposes its employees to unsafe levels of asbestos or any other toxic substance or substances. Allows compensation claims under this Act for such death or disability occurring at any time prior to, on, or after the effective date of this Act. Requires compensation to be paid retroactively to the date of death or of onset of disability. Provides that, for purposes of claims relating to additional toxic substances designated under this Act, the "effective date of this Act" shall be construed to mean the effective date of such designation. Bars any third party or the Fund established under this Act from suing for indemnification, contribution, or other monetary damages against any party immune from suit by a claimant under this Act. Bars employers, insurance carriers, and the Fund from having a lien or any right of subrogation, upon any judgment rendered in any third party liability action brought by an employee or dependent. Provides, however, that any monetary benefits for death or disability received by the claimant in a third party liability action shall be reduced by the amount of any monetary benefits received under this Act. Makes this Act inapplicable to claims otherwise covered under the Longshore and Harbor Worker's Compensation Act (Longshore Act) or the Employers Liability Act. Provides that compensation under this Act shall cover death and total, partial, permanent, and temporary disabilities. Sets forth formulas for determining monetary benefits under this Act. Provides that for death benefits or total disability benefits shall be the greater of: (1) two-thirds of the employee's average weekly wage (up to 200 percent of the national average); or (2) four-fifths of the national manufacturing (or construction, if applicable) average weekly wage. Provides for distribution of death benefits to survivors. Provides that partial disability benefits shall be that portion of total disability benefits which is greater if determined: (1) from the degree of impairment; or (2) by the percentage reduction in physical capacity to engage in similar work. Provides for redetermination of such partial disability payments. Provides for medical benefits for all reasonable and necessary associated medical costs. Provides for monetary benefits for the death or disability of dependents (to be calculated on the basis of formulas similar to those described above, as applied to the dependent's wages). Provides for annual adjustments in monetary benefits, up to six percent per year, to reflect increases in the national average manufacturing or construction wage. Requires that any monetary benefits for death or disability under this Act be reduced by the amount of any monetary benefit received by a claimant at the same time under a State worker's compensation law or under the Longshore Act for a similar claim. Prohibits, except as otherwise provided in this Act, any maximum limitation on the total amount or duration of monetary benefits for death or disability or medical benefits (or their type or extent). Declares ineffective any comprise or release of monetary or medical benefits unless the Secretary of Labor (the Secretary) determines it is in the best interest of the claimant (and sufficient to provide for future medical care). Declares ineffective under any circumstances any waiver or release relating to future coverage or compensation under any State workers' compensation law or under this Act that is executed prior to the death or onset of disability resulting from any exposure to a toxic substance. Sets forth eligibility criteria for compensation. Requires the employee's work-related exposure to a toxic substance to have significantly contributed to or aggravated the disability or death of the employee or the employee's dependent. Sets forth presumptions with respect to claims of employees and dependents based on exposures to asbestos. Establishes a conclusive presumption that the following diseases result from exposure to asbestos: (1) mesothelioma of the pleura or peritoneum; (2) asbestosis; and (3) lung cancer in cases where evidence of certain asbestotic changes is presented or, in the absence of such evidence, where the claimant can establish a certain duration exposure (provides only a nonconclusive presumption in the absence of such evidence or duration). Sets forth various durations of exposure to asbestos which result in such conclusive presumption in lung cancer cases involving insulation workers, shipyard workers, chemical plant workers, and other workers. Provides that such presumptions shall not apply in cases of cancers occurring less than ten years after the employee or dependent was first exposed. Sets forth procedures for making claims. Requires filing of a claim with the appropriate Office of Workers' Compensation Programs within three years of the death or onset of disability with the following exceptions. Allows asbestos-exposure claims with respect to deaths or onset of disability which occurred prior to the effective date of this Act to be filed within two years after such date. Allows claims based on exposure to a toxic substance designated under procedures established by this Act to be filed within three years after the effective date of such designation. Provides that the time for filing a claim shall only begin to run when the employee is disabled or has died and the employee or claimant is aware or should have been aware through the exercise of reasonable diligence, of the casual relationship between the workplace exposure and the disability or death. Allows two years for filing after a disability becomes compensable, in those cases where a timely claim was filed before the disability was compensable. Prohibits any limitations on filing which are based on: (1) length of time since last employment or exposure, or (2) the exposure's duration or intensity. Sets forth procedures for claim adjudication. Provides for claim processing, investigation, and evaluation by the Office of Workers' Compensation Programs (the Office). Provides that the administrative law judges in hearings on such claims shall have the same powers as those under the Longshore Act. Allows disability awards to be made after the death of the disabled employee or dependent. Provides for referral of claims to another district of the Office for specified purposes. Sets forth provisions for appeals. Makes a compensation order effective on the date it issued, and final unless the claimant or the Secretary files a petition for review with the Benefits Review Board (the Board) within 30 days after such date. Sets forth evidence standards for such review. Makes any final order of the Board enforceable and reviewable in accordance with specified provisions of the Longshore Act. Establishes the Exclusive Federal Occupational Disease Workers Compensation Insurance Fund (the Fund). Directs the Secretary to administer the Fund in order to: (1) insure all employers and toxic substance market participants against liability for occupational disease and death resulting from occupational disease sustained by employees compensable under this Act; and (2) provide compensation and benefits to such employees and their dependents. Defines "toxic substance market participants" (participants) as present or former manufacturers, mine operators, processors, refiners, importers, distributors, or other enterprises (including growers, where appropriate) involved in the commercial or industrial production of: (1) asbestos; or (2) any toxic substance designated by the Secretary under this Act. Makes the Fund responsible for the payment of all compensation with respect to claims under this Act. Requires employers or participants to be insured by the Fund in order to be entitled to the limitations on liability provided under this Act. Directs the Secretary to determine and notify, by individual or general notice, all employers and participants required to become insured by the Fund. Allows any other employers or participants to petition the Secretary and, if approved, become insured by the Fund. Provides for establishment of Fund insurance premiums. Directs the Secretary to determine the annual aggregate of insurance necessary to cover anticipated claims for the following year and administrative costs. Directs the Secretary to use certain allocation formulas in determining the proportions of insurance premiums to be provided by employers and participants. Directs the Secretary to suspend, after notice and opportunity for hearing, Fund agreements with employers or participants if they fail to: (1) obtain and maintain Fund insurance; (2) pay the applicable premium; or (3) comply substantially with this Act or regulations promulgated under it. Authorizes the Secretary to: (1) bring civil actions in the appropriate U.S. district court to require employers or participants to obtain and maintain Fund insurance and to pay applicable premiums; and (2) assess civil penalties against employers or participants who fail to do so. Provides that the following entities are liable for and shall be insured by the Fund in the same manner as would have been payable by the prior operator of a toxic market substance participant with respect to its operations prior to January 1, 1940: (1) any person who on or after such date, has acquired or acquires that participant or substantially all its assets; and (2) any other entity which was the operator of such participant or the owner of its assets on or after such date. Makes a participant liable for the total amount of its liability for contributions under this Act without regard to whether: (1) it is or has been a debtor in a bankruptcy case; or (2) any plan, discharge, or judgment is or has been confirmed, granted, or entered in such case. Treats the successor corporation or other business entity from a reorganization, merger, consolidation, or division of a participant, or the parent corporation into which a participant has been liquidated, as the participant to which Fund provisions apply. Makes the Fund responsible for payment of an annual fee to the Secretary in an amount determined by the Secretary to represent the Federal administrative costs of operations necessary to establish and maintain the compensation and benefit system established under this Act. Sets the maximum amount of such fees at an amount equal to: (1) ten percent of the annual aggregate of coverage for claims payments (to be used to cover program administration costs); and (2) one percent of such annual aggregate (to be used for the research program on surveillance and medical treatment of occupationally-related diseases established under this Act). Sets forth provisions relating to compensation payments, their frequency and duration, information concerning them, their suspension, and penalties for late payments. Sets forth provisions relating to representation fees in claim cases under this Act. Provides for determination and payment of such fees and witnesses expenses. Sets criminal penalties for receipt of such fees or other consideration or gratuities without approval of the Office, the Board, or the appropriate court. Prohibits discrimination by any participant or other employer, insurance carrier, or other person against any employee because of: (1) claims filed under this Act; (2) proceedings brought under or related to this Act, or suits brought for damages resulting from occupational exposure to a toxic substance; (3) disability caused by such exposure; (4) previous employment with a toxic substance market participant; or (5) exposure or possible exposure to a toxic substance. Sets forth civil penalties for such discrimination, procedures for review of alleged discrimination, and requirements for reinstatement with back pay and benefits. Prohibits any provider or insurer of health care coverage from excluding from coverage any worker or family member on the basis of that person's inclusion in a population at risk. Directs the Secretary of Health and Human Services (HHS), in coordination with the Secretary, to conduct research into improving the means of: (1) surveillance of workers exposed to occupational health hazards; and (2) medical treatment of workers exposed to occupational hazards. Sets forth requirements relating to such research. Provides that all such research be conducted with funds available under provisions for Fund payment of administratives fees under this Act. Authorizes the Secretary of HHS, in carrying out such research, to engage the services of experts and consultants. Establishes regulatory procedures by which workers suffering from occupational exposure to other toxic substances (besides asbestos) may be brought under coverage by this Act. Directs the Secretary to promulgate and revise, as may be appropriate and in accordance with specified procedures, regulations providing that this Act may provide compensation to such workers. Establishes the Risk Assessment Panel, within the National Institute for Occupational Safety and Health, to review medical and scientific studies and reports relating to occupational diseases and to recommend inclusion of such exposure as compensable under this Act in accordance with specified guidelines for such findings. Requires the Panel to undertake as its first priority the designation of populations exposed to agents or processes for which there already exists a permanent standard issued under specified provisions of the Occupational Safety and Health Act. Requires the Panel to consider, act, and transmit to the Secretary their findings on these agents and processes within one year. Sets forth deadlines for Panel reports to the Secretary, the Secretary's publication for comment of proposed regulations, Panel review, and the Secretary's publication of final regulations. Requires the Director of the Office of Workers' Compensation Programs to establish a separate task force within that Office for administering claims filed under this Act. Permits eventual integration of the work of such task force with the remainder of the Office under specified conditions. Sets forth standards for review of Office orders under this Act by the Benefits Review Board. Sets forth administrative provisions for the Fund. Grants the Secretary the authority to bring an action in the proper U.S. district court to enjoin violations of this Act or of any rule or regulation under this Act. Directs the Secretary and the Risk Assessment Board to devise and implement a Federal uniform recordkeeping system, including, where appropriate and useful, registries of populations and individuals exposed to toxic substances and processes. Requires annual reports by employers for purposes of such recordkeeping program. Requires the Secretary to implement, directly and by grants to employer and employee groups, education programs on the rights and obligations of employers and employees under this Act. Directs the Secretary to support an Educational Advisory Committee with equal representation by the Secretary, employers, and employees to define guidelines and policy for such an education program. Requires that such grant applications be peer reviewed based on the system in place at the National Institute of Health. Sets forth separability provisions.

Bill· HRH.R. 3087 (99th)referred

A bill to amend the Internal Revenue Code of 1954 to remove certain limitations on charitable contributions of certain items.

United States · United States Congress · 26 July 1985

Amends the Internal Revenue Code to provide that the amount of a qualified artistic charitable contribution shall be the fair market value of the property contributed (determined at the time of such contribution). Defines "qualified artistic charitable contribution" as the contribution of any literary, music, artistic, or scholarly composition, any letter or memorandum, or similar property, but only if: (1) such property was created by the personal efforts of the taxpayer making such contribution no less than one year prior to such contribution; (2) there is a written appraisal of the fair market value of the property included with the tax return; and (3) the use of such property by the donee is related to the purpose or function constituting the basis for the donee's tax exemption. Limits the amount of the qualified artistic charitable contributions for any taxable year to the artistic adjusted gross income for the taxpayer for such taxable year. Defines "artistic adjusted gross income." Prohibits public officials from taking a deduction for donation of their papers if the papers were produced while the officials were officers or employees of the United States or any State, or if the papers were created out of the performance of any duties as officers or employees of the government. Provides that alternative tax itemized deductions shall be determined without regard to the deduction for qualified artistic charitable contributions.

Resolution· HRESH.Res. 239 (99th)referred

A resolution expressing the sense of the House of Representatives that the President should instruct the United States Ambassador to the United Nations to vote in favor of the resolution proposed by France and Denmark which calls for, among other things, the immediate imposition of voluntary economic sanctions against the Government of South Africa.

United States · United States Congress · 26 July 1985

Expresses the sense of the House of Representatives that the President should instruct the U.S. Ambassador to the United Nations to vote in favor of a French and Danish resolution calling for the imposition of voluntary sanctions against South Africa, the lifting of the state of emergency there, and the release of its political prisoners.

Bill· HRH.R. 3083 (99th)open

Toxic Substances Health Effects Act of 1985

United States · United States Congress · 25 July 1985

Toxic Substances Health Effects Act of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to direct the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to list the 100 hazardous substances which pose the most significant threat to human health or are most frequently found at facilities on the National Priority List (NPL) under the National Contingency Plan (NCP). Requires, for five years, the annual addition of at least 25 other hazardous substances. Directs the Administrator to prepare toxicological profiles for each substance listed which evaluate the information available and the need for additional research on a priority, 25 annual minimum basis. Requires the adequate staffing of the ATSDR to prepare such profiles. Permits an individual to petition the Administrator for a preliminary assessment of the environmental and public health hazards associated with the release of a particular substance. Requires the Administrator of the ATSDR to notify the Administrator of the Environmental Protection Agency (EPA) if a substance's release may be dangerous so that such substance may be ranked. Directs the Administrator of ATSDR to conduct a health effects study on a hazardous substance where a preliminary assessment indicates its release may pose a threat to human health or upon petition by exposed individuals. Requires such study to be completed within nine months of the petition or assessment.

Bill· HRH.R. 3082 (99th)open

A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to require the Administrator of the Environmental Protection Agency to give high priority to facilities where the release of hazardous substances has resulted in the closing of a drinking water well or has contaminated a principal drinking water source.

United States · United States Congress · 25 July 1985

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to require the Administrator of the Environmental Protection Agency to grant priority to cleaning up sites where the release of hazardous substances has resulted in the closing of a drinking water well or has contaminated a sole or principal drinking water source.

Bill· HRH.R. 3041 (99th)passed

A bill to provide for the awarding of a special congressional gold medal to Aaron Copland.

United States · United States Congress · 18 July 1985

Authorizes the President, on behalf of the Congress, to present a gold medal to Aaron Copland in recognition of his contributions to American musical composition. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.

Bill· HRH.R. 3042 (99th)open

Dropout Prevention and Reentry Act of 1986

United States · United States Congress · 18 July 1985

Dropout Prevention and Reentry Act of 1985 - Amends the Elementary and Secondary Act of 1965 (ESEA) to add a new title X, the Dropout Prevention and Reentry Act of 1985. (Redesignates the current title X as title XI.) Authorizes appropriations for FY 1987 through 1990 for such new title X. Directs the Secretary of Education, from such title X funds for any fiscal year, to allot 20 percent to each of five categories of local educational agencies (LEAs) (based on total elementary and secondary school student enrollments). Directs the Secretary, from the amounts allotted to such categories of LEAs, to award as many grants as practicable within each such category to LEAs whose applications: (1) have been approved; and (2) propose a program of sufficient size and scope to be of value as a demonstration. Limits an LEA to no more than one such grant in each of three fiscal years. Requires the amount of a grant to be, to the extent practicable, proportionate to the extent and severity of the local dropout problem. Limits the amount of a grant to 90 percent of the total cost of a project during its first fiscal year, 80 percent in the second, and 70 percent in the third. Sets forth grant application requirements (including plans for addressing the needs of pregnant minors and school-age parents). Directs the Secretary to give first priority within each category of LEA to applicants with either very high numbers or very high percentages of school dropouts. Sets forth requirements for review of LEA second or third year projects. Requires such grants to be used to carry out plans set forth in the applications. Lists activities such grants may also be used for, including counseling, remedial education, work-study, community-organization service, curriculum review, and school staff training. Requires at least 30 percent of each grant to be used for dropout prevention activities, and another 30 percent for dropout reentry activities (i.e. persuading dropouts to return to school and assisting former dropouts with specialized services once they return to school). Directs the Secretary, from amounts appropriated to the Secretary for FY 1986, to use a specified limited amount to conduct a one-year study of the nature and extent of the dropout program. Sets forth requirements for such study, (including development of a model dropout information collection and reporting system and minimum reporting system requirements). Sets forth general provisions for title X, including provisions relating to withholding payments, annual reports, and audits. Requires that title X grants supplement other funds.

Bill· HRH.R. 3035 (99th)open

Trade Emergency and Export Promotion Act

United States · United States Congress · 18 July 1985

Trade Emergency and Export Promotion Act - Declares that actions by the President, the International Trade Commission (ITC), the Secretary of the Treasury, the Secretary of Agriculture, and the U.S. Trade Representative (USTR) pursuant to this Act shall not be reviewable by any court, except for abuse of discretion. Title I: International Trade Actions and Agreements - Declares that a national emergency exists because of distortions and imbalances in trade and instability in exchange rates and that such emergency requires extraordinary measures, including action to: (1) restore the value of the dollar; and (2) either eliminate foreign unfair trade barriers or prohibit countries which employ such barriers from enjoying trade surpluses with the United States or increasing shares of world export markets. Authorizes the President to negotiate and enter into with any foreign country or entity agreements limiting the export from such country or entity, and the importation into the United States, of any article. Directs the USTR to initiate proceedings against Japan before appropriate international bodies in order to obtain authorization to take trade actions against Japan on the grounds that: (1) Japan has failed to comply with trade agreements entered into with the United States; and (2) Japan has adopted numerous domestic policies and practices that impair and violate such trade agreements and impede achievement of their objectives. Directs the USTR, with the cooperation of the Secretary of Agriculture, to initiate actions under all international trade agreements to which the United States is a party in order to take appropriate countermeasures against agricultural export subsidies provided by the European Communities and other countries which will be used to prevent: (1) injury to U.S. agricultural producers; (2) nullification or impairment of such trade agreements; and (3) serious prejudice to the United States. Authorizes the USTR to initiate actions against each foreign country (except Japan and the European Communities) or entity that was an excess worldwide trade surplus country or an excess bilateral trade surplus country for 1984 under all applicable U.S. laws and international agreements in order to: (1) enforce the rights of the United States under such international agreements; and (2) obtain the elimination of certain trade acts, policies, and practices of such countries or entities. Directs the USTR to explain in proceedings initiated under this title that the United States finds it necessary to take the actions provided in title II of this Act as interim measures pending the outcome of such proceedings in order to protect vital U.S. interests. Directs the Secretary of the Treasury to develop a plan to reduce fluctuations between currencies on foreign currency exchange markets. Sets forth characteristics of such plan. Title II: Interim Domestic Trade Actions to Respond to the Trade Emergency - Subtitle A: Stand-by Duties - Directs the ITC to determine annually each major exporting country's: (1) worldwide nonpetroleum export percentage; (2) bilateral nonpetroleum export percentage; (3) worldwide nonpetroleum trade surplus; (4) bilateral nonpetroleum trade surplus; (5) worldwide trade surplus limitation; and (6) bilateral trade surplus limitation. Requires the ITC to report annually to the President on: (1) the determinations on the trade of such major exporting countries; (2) the identity of each foreign country which was an excess worldwide trade surplus country or excess bilateral trade surplus country during the preceding year; and (3) whether or not standby duties should be imposed on imports from such countries. Requires the President, within 15 days of receiving such report to determine, with respect to each country identified as an excess worldwide trade surplus country or excess bilateral trade surplus country: (1) whether such country unfairly restricts or limits the access of imports to its markets; and (2) if the President determines that such country does restrict access to its markets, whether such restriction contributes to that country's trade surplus. Requires the President, if both such determinations are positive, to impose stand-by duties on all imports from such countries. Prohibits making such determinations or imposing such duties if the U.S. trade deficit divided by the U.S. gross national product is less than one and one-half percent. Requires the President to report to the Congress, within 15 days of receiving the reports on worldwide and bilateral trade, on the determinations made with respect to imposing stand-by duties. Declares that the rate of a stand-by duty shall be 25 percent ad valorem and that such duty shall be in addition to any other duties. Provides for the implementation of such duties. Requires all revenues from such stand-by duties to be allocated to the Public Debt Reduction Account in the Treasury. Expresses the sense of the Congress that all funds in such Account be used only to reduce the Federal debt. Directs the Secretary of the Treasury to report annually to the Congress on the revenue derived from such stand-by duties. Prohibits imposing stand-by duties on articles imported after April 30, 1992. Prohibits requiring reports and determinations on trade surpluses after April 1991. Subtitle B: Reports - Directs the President to report annually to specified congressional committees on the operation of this Act. Title III: Trade Law Reform - Amends the Trade Act of 1974 to transfer to the USTR from the President the authority to order import relief and the authority to extend tariff preferences. Amends the Tariff Act of 1930 to transfer to the USTR from the President the authority to approve or disapprove ITC actions to prevent unfair practices in import trade.

Bill· HRH.R. 3032 (99th)referred

United States Peace Tax Fund Act

United States · United States Congress · 17 July 1985

United States Peace Tax Fund Act - Amends the Internal Revenue Code to permit conscientious objectors to designate their income, estate, or gift tax payments for nonmilitary purposes. Establishes within the Treasury a United States Peace Tax Fund (Fund) to receive such tax payments. Defines a "conscientious objector" as an individual who by reason of religious training and belief is opposed to participation in war in any form and either: (1) has been exempted from combat training and service in the armed forces under the Military Selective Service Act; or (2) satisfactorily demonstrates that he is conscientiously opposed to war in any form. Authorizes the Secretary of the Treasury to deny such status to a taxpayer upon a finding that the taxpayer is not entitled to make such a designation. Allows a taxpayer to challenge such a denial by bringing an action in the United States Tax Court or in a U.S. district court for a declaratory judgment as to whether the taxpayer is an eligible individual and entitled to make such a designation. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return during such year for the purpose of determining whether the taxpayer is an eligible individual. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to 1988 if the taxpayer pays the tax due (with interest) and satisfactorily establishes that the nonpayment was due to religious beliefs. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires the publication of such information in the Congressional Record. Establishes a United States Peace Tax Fund Board of Trustees to direct research efforts on behalf of world peace. Sets forth the membership structure and duties of the Board. Authorizes appropriations.

Bill· HRH.R. 3018 (99th)referred

Electric Utility Tax Reform Act of 1985

United States · United States Congress · 17 July 1985

Electric Utility Tax Reform Act of 1985 - Amends the Internal Revenue Code to allow the Federal Energy Regulatory Commission and State regulatory authorities to adopt a least system cost plan for regulated public utilities and to establish a rate schedule for such utilities which provides for ratemaking treatment of the investment tax credit and the tax deduction for accelerated cost recovery in such manner as the State regulatory authority determines will further the purpose of such plan. Defines "least system cost plan" as a plan which provides for meeting demand for electric energy services under which each measure to be implemented is forecast: (1) to be reliable and available within the time it is needed; and (2) to meet or reduce the electric power demand at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative measure or resource.

Bill· HRH.R. 3008 (99th)open

Federal Equitable Pay Practices Act of 1985

United States · United States Congress · 16 July 1985

Federal Equitable Pay Practices Act of 1985 - Establishes the Commission on Equitable Pay Practices to determine whether the Government's position-classification system and prevailing rate system are designed and administered in accordance with the general policy that sex, race, and ethnicity should not be among factors considered in determining pay rates. Requires the Commission to conduct, by contract with a consultant selected under this Act, a study under which job-content analysis and economic analysis shall be applied to a representative sample of occupations in which: (1) either sex is numerically predominant; (2) any race is disproportionately represented; or (3) any ethnic group is disproportionately represented. Directs the Commission to report to the Congress and the President on the results of such study not later than 18 months after the Commission's date of establishment. Make sums appropriated to the Office of Personnel Management for general operating expenses available to carry out this Act.

Resolution· HRESH.Res. 219 (99th)referred

A resolution expressing the sense of the House with respect to the potential closing and downgrading of hundreds of local offices of the Social Security Administration.

United States · United States Congress · 11 July 1985

Expresses the sense of the House of Representatives that the: (1) local field office structure of the Social Security Administration should be maintained, strengthened, and fully staffed; and (2) proper amount of administrative costs of such offices should approximate 1.5 percent of the costs of the social security benefit programs serviced by such offices.

Resolution· HCONRESH.Con.Res. 176 (99th)referred

A concurrent resolution expressing the sense of the Congress that the continued expansion of Soviet offensive nuclear forces and the possible development by the United States of defensive systems to counter that expansion are directly linked and threaten the achievement of a comprehensive arms control agreement; and that, if the Soviet Union agrees to mutual, verifiable and significant reductions in the overall number of offensive nuclear weapon launchers and warheads, the United States should agree to mutual, verifiable and significant restrictions, consistent with and complementary to the 1972 Treaty on the limitation of Anti-Ballistic Missile Systems, on the development, testing, and deployment of components, weapons, supporting systems, and technologies for strategic defensive purposes.

United States · United States Congress · 11 July 1985

Expresses the sense of the Congress that if the Soviet Union agrees to verifiable reductions in the number of intermediate-range and strategic offensive nuclear weapon launchers and warheads, the United States should agree to verifiable restrictions (consistent with the 1972 Treaty on the Limitation of Anti-Ballistic Missile Systems) on the development, testing, and deployment of strategic defensive weapons systems.

Bill· HRH.R. 2943 (99th)open

A bill to amend section 1964 of title 18, United States Code, with respect to certain civil remedies for persons injured by racketeering activity.

United States · United States Congress · 10 July 1985

Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to allow a civil action to be brought by a plaintiff only when the private suit rests on an injury caused by conduct that led to the defendant's conviction of one of the predicate offenses listed in the statute or of a criminal violation of RICO itself. Requires the plaintiff to bring such action within one year of the defendant's conviction.

Law· HRH.R. 2908 (99th)enacted

Indian Education Technical Amendments Act of 1985

United States · United States Congress · 27 June 1985

Indian Education Technical Amendments Act of 1985 - Amends title XI (Indian Education) of the Education Amendments of 1978 (the Act) to revise provisions relating to Indian education. Directs the Secretary of the Interior (the Secretary) to establish revised standards for the basic education of Indian children in Bureau of Indian Affairs (BIA) schools when such standards are submitted by the tribal governing body or the designated school board, unless the Secretary: (1) specifically rejects such standards for good cause; and (2) notifies in writing each affected tribe and local school board of such rejection. Makes such rejection final and not reviewable. Revises the deadline for contract school compliance with such minimum academic standards or alternative or modified standards. Prohibits the Secretary from rescinding or failing to renew a contract because of noncompliance with such standards until at least one year after notifying the school of a failure to comply. Requires the Secretary, during such one-year period, to give technical assistance to help the school to comply. Allows the BIA, in fulfilling its duty to establish uniform fiscal control and fund accounting procedures for all contract schools, to do so either directly or through contract with an Indian organization. Deletes certain references to personnel actions based on failure to implement or meet such standards. Prohibits the closing, consolidation, or substantial curtailment of programs of any school or peripheral dormitory operated by the BIA, except where the plant conditions constitute an immediate hazard to health or safety. Deletes references to parents under requirements for notification and consultation during consideration or review of such closures, consolidations, or curtailments. Requires, when a formal decision is made to close, consolidate, or substantially curtail a school, that notification be given to the affected tribe, tribal governing body, and designated school board at least six months prior to the end of the school year preceding the proposed effective date. Revises requirements for studies and reports relating to such closures, consolidations, or curtailments. Directs the Secretary to report to the Congress, the affected tribe, and the designated local school board describing the process of active consideration or review. Requires such report to include specified information on: (1) the impact of such action on the students (especially those students with particular educational and social needs); and (2) the consultation regarding such students conducted between the various service providers, parents, certain tribal groups, and the Director of the Office of Indian Education within the BIA. Specifies that a prohibition against actions within a specified time period in furtherance of such proposed closures, consolidations, or curtailments refers to irreversible actions. Revises provisions relating to BIA school boundaries. Prohibits any change (as well as any establishment) of any attendance area with respect to any BIA school unless the tribal governing body (or the designated local school board) has been given: (1) at least six months' notice; and (2) the opportunity to propose alternative boundaries. Allows any tribe to petition the Secretary for revision of existing attendance area boundaries. Directs the Secretary to accept such proposed alternative or revised boundaries unless the Secretary finds, after consultation with the affected tribe or tribes, that such revised boundaries do not reflect the needs of the Indian students to be served or do not provide adequate stability to all of the affected programs. Repeals provisions which require that the Director of the Office of Indian Education (the Director) supervise all contract functions relating to education. Directs the Assistant Secretary for Indian Affairs (the Assistant Secretary) to provide for the adequate coordination between the affected BIA Offices and the Office of Indian Education to facilitate the consideration of all contract functions relating to education, but requires the Secretary to review the applications for the new school starts which were filed with the BIA before October 1, 1984, under the rules and guidelines in effect on the date the application was filed. Requires inclusion of a five-year plan for capital improvements for Indian education in the annual budget. Revises provisions relating to the BIA program for the operation and maintenance of Indian education facilities. Deletes a reference to the Director as responsible for implementation of such program. Includes, under required components of such program, a system for the conduct of routine preventive maintenance. Prohibits program funds from being authorized for expenditure by specified officials unless certain conditions relating to necessary maintenance are met. Repeals a requirement that the Director supervise all BIA education facilities. Extends the deadline for implementation of such program until 270 days following the enactment of this Act. Deletes a reference to costs associated with operating education and recreational programs on a 12-month basis among those special factors to be considered in the establishment of an allotment formula for a minimum annual amount of funds for each BIA or contract school. Deletes reference to a separate fund, apart from such allotments, for payment of monetary awards and quality step increases to such school employees. Requires that any supplemental appropriations enacted to meet increased pay costs attributable to school-level personnel be distributed under specified allotment provisions. Revises provisions for uniform direct funding and support of all BIA and contract schools. Sets forth provisions relating to the availability of appropriations for such purpose. Directs the Secretary to publish specified notices of allotments to the affected schools. Directs the Assistant Secretary to establish guidelines for school supervisors' authority to expend (with school board approval) no more than $25,000 annually for supplies and equipment, with or without competitive bidding. Authorizes the Secretary to approve applications for funding tribal divisions of education and the development of tribal codes of education from funds appropriated pursuant to self-determination grant provisions of the Indian Self-Determination and Education Assistance Act. (Current law requires the Secretary to institute a program for such funding.) Removes references to audits of the BIA and the Office of Indian Education from requirements for audits of BIA schools. Repeals the authority of an officer or employee of the BIA or the Office of Indian Education to accept voluntary services on behalf of BIA and contract schools. Grants such authority to the Secretary, still subject to the approval of the local school board. Declares that an individual providing such volunteer services is a Federal employee only for specified purposes under Federal law. Redesignates certain provisions of the Act. Revises provisions relating to extracurricular activities. Authorizes (currently requires) the Secretary to provide, for each BIA area, a stipend in lieu of overtime pay or compensatory time off. Deletes a requirement for area-level determination of the amount of such stipends. Lowers the maximum amount of the rental housing cost waiver for educators at such schools from 90 to 40 percent of the rental rate. Provides that such waiver is to aid isolated schools in recruiting and retaining educators. Provides that the waivers of all rents for such educators (during periods when schools are not in session) may be given only to those educators whose non-pay status is involuntary and who have not obtained employment.

Bill· HRH.R. 2907 (99th)referred

Institutional Aid Act of 1985

United States · United States Congress · 27 June 1985

Institutional Aid Act of 1985 - Amends title III (Institutional Aid) of the Higher Education Act of 1965 (HEA) to revise institutional aid programs, especially in relation to the development needs of historically black colleges and universities and other institutions with large concentrations of minority, low-income students. Includes as eligible institutions, for purposes of the title III part A (Strengthening Institutions) grants program, any institution of higher education which meets specified requirements and which has an enrollment of which at least: (1) 20 percent are Mexican American, Puerto Rican, Cuban, or other Hispanic students, or combination thereof; (2) 60 percent American Indian, Alaska Native, or Aleut, or combination thereof; or (3) five percent Native Hawaiian, American Samoan, Micronesian, Guamian (Chamorro), or Northern Marianan, or any combination thereof. Establishes under title III part B, "Strengthening Historically Black Colleges and Universities" (which replaces the current part B, Aid to Institutions with Special Needs). Defines a "part B institution" as any historically black college or university that was established prior to 1964 and whose principal mission was, and is, the education of black Americans. Sets forth authorized uses for grants allotted to institutions under the part B program. Directs the Secretary of Education (the Secretary) to make allotments to part B institutions according to formulas based on number of: (1) Pell grant recipients; (2) graduates; and (3) graduates in attendance at graduate or professional schools in degree programs in disciplines in which blacks are underrepresented. Sets forth a special rule regarding allotments to Howard University or the University of the District of Columbia. Sets forth provisions for applications for part B grant allotments. Sets forth provisions for part B program grants to professional and graduate institutions. Directs the Secretary, subject to the availability of appropriations for such purpose, to award such grants to each of listed postgraduate institutions that the Secretary determines to be making a substantial contribution to the legal, medical, dental, veterinary, or other graduate education opportunities for black Americans. Prohibits any such grant in excess of $500,000 unless the postgraduate institution assures that 50 percent of the cost of the purposes for which the grant is made will be paid from non-Federal sources. Limits the duration of any such grant to five years. Provides that any one undergraduate or postgraduate institution may receive no more than two such five-year grants. Allows use of such grants for: (1) any of the authorized uses of part B allotment grants; (2) contribution development offices; and (3) institutional endowments. Sets forth application requirements. Provides that independent professional or graduate institutions eligible for such grants include: (1) Morehouse School of Medicine; (2) Meharry Medical School; (3) Charles R. Drew Postgraduate Medical School; (4) Atlanta University; and (5) Tuskegee Institute School of Veterinary Medicine. Sets forth reporting and audit requirements and penalties for misuse of funds. Revises title III part C (Challenge Grants for Institutions Eligible for Assistance Under Part A or Part B) to rename the "endowment grants" under such part "challenge grants." Makes technical and conforming amendments to eligibility requirements under such part. Reduces the maximum amount of any such part C challenge grant for FY 1985 through 1987. (Retains the current maximum for FY 1988 and succeeding fiscal years.) Establishes under title III a new part D, "Reservation for Hispanic, Native American, and Pacific Basin Institutions." (Redesignates the current part D as part E.) Directs the Secretary, from part A appropriations, to make available for use for the purpose of such part the greater of specified amounts or the following portions of such funds: (1) 20 percent for Hispanic institutions; (2) five percent for Native American, Native Alaskan, or Aleut institutions; and (3) five percent for institutions serving Native American Pacific Islanders, including Native Hawaiians residing in the Pacific Basin, including the State of Hawaii. Sets forth authorized uses of such part A funds which are reserved under the new part C. Revises the redesignated part E (General Provisions) under title III. Directs the Secretary to publish in the Federal Register all policies and procedures required to exercise the authority to approve applications for title III assistance. Prohibits any other criteria, policies, or procedure from being applicable for such purpose. Directs the Secretary to: (1) use the most recent and relevant data concerning the number and percentage of students receiving need-based assistance under title IV (Student Assistance) of HEA in making eligibility determinations under part A of title III; and (2) advance the base-year forward following each annual grant cycle. Requires the Secretary to waive specified part A institutional eligibility requirements (involving an institution's having a relatively high percentage of students receiving need-based assistance under title IV of HEA) in the case of an institution which is: (1) extensively subsidized by the State in which it is located and charges low or no tuition; (2) serving a substantial number of low- and middle-income students as a percentage of its total student population; (3) contributing substantially to increasing higher education opportunities for black Americans, Hispanic Americans, Native Americans, Native American Pacific Islanders, including Native Hawaiians, who are low-income individuals; or (4) substantially increasing higher educational opportunities for individuals in rural or other isolated areas unserved by postsecondary institutions. Includes Hispanic, Native American, or Pacific Basin institutions which have been determined eligible under part D, although not satisfying a specified eligibility criterion (involving an institution's having relatively low and general expenditures), among those institutions which must be included in an annual report of the Secretary to the Congress. Includes among those reasons for which the Secretary may grant a waiver of specified eligibility requirements (involving an institution's being accredited by a nationally recognized accrediting agency and its being authorized to offer bachelor's or junior or community college degrees) a determination that such waiver will substantially increase higher education opportunities appropriate to the needs of Hispanic Americans or Native American Pacific Islanders, including Native Hawaiians. Directs the Secretary to take care to assure that representatives of historically black colleges, Hispanic institutions, Native American institutions, and Native American Pacific Islanders, including Native Hawaiians, are included as readers on title III application review panels. Revises provisions for grants to encourage cooperative arrangements to include such arrangements between title III aid recipients and institutions not receiving such assistance. Includes benefit to the applicant institutions as a priority criterion in making such grants. Authorizes appropriations for FY 1987 through 1991 for the following title III programs: (1) part A, Strengthening Institutions; (2) part B, Strengthening Historically Black Colleges and Universities (with a separate authorization for part B provisions for Professional and Graduate Institutions); and (3) part C, Challenge Grants for Institutions Eligible for Assistance Under Part A or Part B. Directs the Secretary to make available part A funds for any fiscal year to eligible institutions as follows: (1) at least 30 percent to junior or community colleges; (2) at least 20 percent (or a specified minimum amount, if that is greater) for Hispanic institutions; (3) at least five percent (or a specified minimum amount if that is greater) for Native American, Alaskan, or Aleut institutions; (4) at least five percent (or a specified minimum amount if that is greater) for Pacific Basin institutions; and (5) the remainder to institutions that plan to award a bachelor's degree during that year.

Bill· HRH.R. 2902 (99th)referred

Community and Family Living Amendments of 1985

United States · United States Congress · 27 June 1985

Community and Family Living Amendments of 1985 - Amends title XIX (Medicaid) of the Social Security Act to require a State plan to provide a severely disabled individual who is entitled to medical assistance and who is residing in a family home or community living facility with an array of community and family support services which will provide for the health, safety, and effective habilitation or rehabilitation of such individual. Includes community and family support services for severely disabled individuals as "medical assistance" under Medicaid. Permits the inclusion of such services as medical assistance only if: (1) such services are provided to a severely disabled individual residing in a family home or in a community living facility; (2) such services are provided in accordance with an individually written habilitation or rehabilitation plan; and (3) the total amount of funds spent by the State from non-Federal funds for such services equals at least a specified base amount. Specifies services included and excluded as community and family living services. Requires a State, in order to receive payment for community or family support services provided, to: (1) enter into a community and family living implementation agreement with the Secretary of Health and Human Services; and (2) submit required reports to the Secretary. Requires a community and family living implementation agreement to include, among others, the following provisions: (1) community living facilities will not be unduly concentrated in any residential area; (2) all the staff of each facility must have appropriate training; (3) parents of the severely disabled will have training available; (4) case management; (5) an individual will reside as close to his or her family as possible; (6) hearing procedures for individuals who feel they have been inappropriately placed; and (7) suitable State supplementary payments as authorized under title XVI (Supplemental Security Income) of the Social Security Act. Requires such agreement to include other specified provisions with respect to severely disabled individuals living in residential facilities which are not family homes or community living facilities. Requires the agreement to include descriptions of methods to be used to achieve the following objectives: (1) to advise severely disabled individuals of alternative arrangements and services available to them, of their right to choose providers, and of their right to a fair hearing; (2) to assure fair and equitable provisions to protect the interests of public employees who will be affected by the transfer of severely disabled individuals from public institutions to community or family living facilities under the agreement; (3) to assure application of fair employment standards and equitable compensation to workers in facilities offering care and services for which payments are made under this Act; and (4) to assure timely submission of any reports required by the Secretary; and (5) to assure opportunities for participation by interested citizens in the development of the implementation plan or agreement. Sets forth provisions providing for: (1) auditing a State's compliance with this Act; (2) noncompliance; and (3) review by the Comptroller General. Includes, under Medicaid, within the definition of "intermediate care facilities" services in an institution for mentally retarded persons or persons with related conditions if: (1) the individual needs of each newly admitted individual are ascertained by an interdisciplinary team within 30 days; (2) the institution, if not operated by the State, has a written agreement with an appropriate State agency to cooperate in the implementation of the agreement. Limits, effective FY 2000, the amounts payable under Medicaid to any State for skilled nursing facility services and intermediate care facility services furnished to severely disabled individuals under age 65 in facilities having not more than 15 beds. Provides that such limitations shall not apply, if: (1) payments are for services for individuals in a facility which meets the size and location requirements for a community living facility; (2) payments are for services for individuals in a facility which was in operation on September 30, 1985, which has not increased the number of beds since September 30, 1985, and which has no more than 15 beds; (3) payments are for services for individuals in a cluster home; or (4) payments are for necessary therapeutic services which are not available in a family home or community living facility in the States. Reduces, effective FY 1988, the Federal medical assistance percentage for skilled nursing facility services and intermediate care facility services furnished to any severely disabled individual under age 65. Requires a State, in order to receive any payments for furnishing community and family support services, to have in effect a system to protect and advocate the rights of eligible severely disabled individuals which is in addition to any provided by the Federal Government as of September 1985. Permits an individual injured or adversely affected or aggrieved by a violation of the Community and Family Living Amendments of 1985 to bring an action to enjoin such violation. Requires a State's Medicaid plan to provide for the payment of community and family support services for severely disabled individuals through the use of rates which are reasonable and adequate to assure the provision of services of adequate quality. Permits a State to provide for the eligibility of any severely disabled individual for community and family support services if such individual spends at least five percent of his or her adjusted gross income for necessary medical care and for community and family support services. Provides that whenever an individual is receiving benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act on the basis of a disability which began before such individual attained the age of 22, and but for those benefits would be eligible under title XVI (Supplemental Security Income) of such Act for either SSI or State supplementary payments then such individual shall be deemed, for Medicaid purposes only, to be receiving SSI or State supplementary payments. Provides for the Medicaid eligibility of a severely disabled individual under age 65 who would otherwise be denied assistance because of earnings if termination of such eligibility would seriously inhibit the individual's ability to continue employment or effectively limit the individual's ability to live in a family home or community living facility and such earnings are not sufficient to provide benefits equivalent to SSI and Medicaid. Directs the Secretary to: (1) make assessments, conduct a study, and report to the Congress; and (2) issue regulations. Sets forth the effective date.

Bill· HRH.R. 2887 (99th)open

A bill to authorize the erection of a monument given to the American people as a gift of the Kingdom of Morocco, on public grounds in the District of Columbia.

United States · United States Congress · 26 June 1985

Authorizes the Secretary of the Interior to erect a monument, given as a gift from Morocco in recognition of mutual friendship, on Federal land within the District of Columbia. Directs the Secretary, with the approval of the Commission of Fine Arts and the National Capital Planning Commission, to select a design and site for the monument. Directs the Secretary to maintain the monument. Makes the authority to erect the monument contingent on construction beginning within five years. Directs that U.S. funds may not be used to build the monument.

Bill· HRH.R. 2870 (99th)referred

A bill to amend the Federal Aviation Act of 1958 to prohibit the acquisition of an air carrier by another air carrier, or by the person controlling another air carrier, which is operating under the protection of the bankruptcy laws.

United States · United States Congress · 26 June 1985

Amends the Federal Aviation Act of 1958 to prohibit the purchase, lease, or acquisition of control in any manner of a substantial portion of an air carrier by the following persons: (1) any air carrier which is a debtor; (2) any person who is a debtor and controls an air carrier; (3) any person controlling an air carrier which is a debtor; or (4) any person who is a debtor and is substantially engaged in the business of aeronautics.

Bill· HRH.R. 2871 (99th)referred

A bill to amend the Tariff Act of 1930 to require that revenues from tariffs levied on imports of textile machinery shall be segregated from the general revenues and allocated to a textile machinery fund, the purpose of which will be to support research for the modernization of the American textile machinery industry.

United States · United States Congress · 26 June 1985

Amends the Tariff Act of 1930 to require that tariffs levied on the imports of textile machinery shall be allocated to a Textile Machinery Modernization Fund to finance research projects for the modernization of the U.S. textile machinery industry.

Bill· HRH.R. 2867 (99th)referred

Child Care Opportunities for Families Act

United States · United States Congress · 25 June 1985

Child Care Opportunities for Families Act - Title I: Increasing the Supply of Child Care - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to increase the amount of appropriations authorized for FY 1985 through 1988 and succeeding fiscal years for title XX allotments to States. Reserves specified amounts from such title XX funds for FY 1986 through 1988 and succeeding fiscal years for use only for the provision of qualified child day care services. Directs the Secretary of Health and Human Services (HHS) to allot such reserved funds in the same proportions as regular title XX allotments. Defines qualified child day care services, for such purposes, as child day care services which are provided to: (1) children who are abused or neglected children, or at risk of being abused or neglected, or in families receiving child protective services; (2) children of eligible families who are recipients of aid to families with dependent children (AFDC); and (3) children (handicapped or nonhandicapped) of low-income parents (including legal guardians or primary caretakers) who are adolescents, or working, or enrolled in education or training programs, or seeking employment. Provides that such child day care services funds shall be: (1) only supplementary to funds from other sources (including other title XX funds); (2) separately accounted for in reports and audits; and (3) not transferable for purposes of other Federal block grant programs. Requires States, as a condition of eligibility for title XX block grants, to provide a State share of the total expenditures made by the State during any fiscal year (in cash or kind) for the provision of services directed at the goals set forth under title XX. Sets such State share to be provided from non-Federal public or private sources, at 25 percent of such total expenditures. Establishes a school-based early childhood education and child care services pilot program. Directs the Secretary of Education to make grants to States to assist local educational agencies (LEAs) to establish and expand such education and services for children aged four and five. Permits such pilot program funds to be used to: (1) extend half-day kindergarten to a full school day or typical working day to meet the needs of working parents; (2) contract with community-based child care organizations to provide part-day child day care to complement existing half-day or full school day school-based kindergarten or early childhood education programs; and (3) establish, or contract with community-based child care organizations to provide, pre-kindergarten or early childhood education programs and child day care services for children four years of age for a typical working day. Sets forth provisions for State applications for such pilot program grants, including requirements for: (1) State and LEA advisory panels; (2) encouragement of participation of severely handicapped children; and (3) priority consideration to programs serving substantial proportions of children from low-income families. Directs the Secretary of Education, in considering such applications to: (1) give preference to applicants whose programs provide services for the typical working day; and (2) ensure an equitable distribution of grants among States. Sets forth requirements for such pilot programs, including parent involvement, sliding scale fee scales, and no fees charged to families with incomes less than 150 percent of the poverty level. Sets forth matching requirements for such pilot programs. Limits the Federal share to 75 percent in the first year of assistance, 60 percent in the second year, and 40 percent in the third and any subsequent year. Limits administrative costs to five percent of the grant to the State or five percent of assistance to any LEA. Requires that at least ten percent of the total enrollment opportunities in each LEA in such pilot programs shall be available for handicapped children, with services to meet their special needs. Sets forth requirements for reports on, and evaluation of, such pilot programs. Defines community-based child care organization, for purposes of such pilot program provisions, as a private organization which is representative of the community and which has experience in providing child care services to low-income families. Authorizes appropriations for FY 1986 through 1988 for such pilot program of school-based early childhood education and child care services. Title II: Upgrading State Child Care Standards - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to add a further increase (above that already provided under title I of this Act) in the amount of appropriations authorized for Fy 1986 through 1988 and succeeding fiscal years for title XX allotments to States. Reserves specified amounts from such title XX funds for FY 1986 through 1988 and succeeding fiscal years for incentive grants to States for improvements in their child care licensing, regulatory, and monitoring systems. Directs the Secretary of Health and Human Services (HHS) to initially allot such reserved funds in the same proportions as regular title XX allotments. Requires that any remaining part of such reserved funds be used for making further grants to States which require additional assistance to carry out their State plans for such purpose. Requires that, for years after FY 1986, priority be given in distributing such additional funds to those States which have developed plans that will lead to their meeting or exceeding the recommended standards established by the National Advisory Committee on Child Care Standards pursuant to this Act. Requires the Governor of each State, as a condition of the State's eligibility for receiving title XX Federal payments, to establish or designate a State Advisory Committee on Child Care Standards which shall: (1) examine, investigate, and study the State's laws, regulations, and procedures for licensing, regulating, and monitoring child care services and programs within the State; and (2) prepare a report outlining the committee's findings and recommendations, including a description of the current status of child care licensing, regulating, or monitoring within the State to be submitted to each State's Governor for transmittal, along with the Governor's comments, to the Secretary of HHS. Establishes a National Advisory Committee on Child Care Standards in order to assist and provide guidance to the States in improving the quality of child care services. Requires each State Advisory Committee and the National Advisory Committee to review the options for child care standards published by the Department of HHS in January 1985 and the final 1980 HEW Day Care Regulations. Directs the National Advisory Committee to issue recommended standards for child care programs, after first publishing proposed standards and receiving comments. Terminates the National Advisory Committee 90 days after the publication of the final recommended standards. Directs the Secretary of HHS, from the title XX funds reserved and allotted to the States for such purpose, to make incentive grants to assist States in carrying out their plans to correct deficiences in, or otherwise improving, the licensing, regulating, and monitoring of their child care programs. Requires that State applications for such grants include such plans. Requires a detailed explanation if the State plan omits carrying out any recommendation contained in the State advisory committee's report. Title III: Expanding Private Sector Initiatives - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program of grants to local private nonprofit organizations to improve and expand child care services in the community by establishing and administering community funds for child care, in partnership with private for-profit businesses. Requires that such grants be used to provide: (1) child care scholarships on a sliding fee scale for low-income families through vouchers or by purchasing slots in child care programs; (2) partial scholarships of such sort to families ineligible for child care under title XX of the Social Security Act and whose income does not exceed $30,000; and (3) loans and grants to local nonprofit organizations (especially those serving significant proportions of low-income children) for start-up or renovation costs for community child day care services. Sets the maximum Federal share of the cost of expenditures from such community funds at 50 percent in the first year of Federal assistance, 40 percent in the second year, and 25 percent in the third and any subsequent year. Sets forth grant application requirements, including: (1) establishment of local advisory boards; and (2) obtaining of at least half of the local share of such community funds from for-profit private businesses. Directs the Secretary of HHS, in considering such applications, to: (1) ensure an equitable distribution of assistance among States and among urban and rural areas; and (2) give preference to organizations that have received such assistance in the previous year. Sets forth requirements for annual reports, evaluations, and audits of such community child care funds. Authorizes appropriations for FY 1986 through 1988 for such community child care funds program. Title IV: Training Child Care Personnel - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to add a further increase (above that already provided under titles I and II of this Act) in the amount of appropriations authorized for FY 1986 through 1988 and succeeding fiscal years for title XX allotments to States. Reserves specified amounts from such title XX funds for FY 1986 through 1988 and succeeding fiscal years for use by States in providing child care personnel training and retraining (including training in child development and in prevention of child abuse in day care settings). Provides that such training may be given to: (1) providers of licensed or registered child care services; (2) operators and staffs of facilities where such services are provided; (3) State licensing and enforcement officials; and (4) parents. Gives priority in such training to infant care providers, family day care providers, and providers of care for children with handicapping conditions. Directs the Secretary of Health and Human Services (HHS) to initially allot such reserved funds in the same proportions as regular title XX allotments. Requires that any remaining part of such reserved funds be used for making further payments to States on the basis of their respective needs and other factors which the Secretary of HHS considers appropriate. Establishes a program of scholarships for low-income individuals who are candidates for the Child Development Associate (CDA) credential. Directs the Secretary of HHS to make grants to States to provide such scholarships. Requires that preference be given to scholarship applicants who are candidates for the CDA credential for work in: (1) a family day care setting with children who are not more than five years of age; or (2) a center-based setting with children who are not more than three years of age. Requires State grant applications to assure that: (1) each scholarship will cover all necessary costs incidental to receiving the CDA credential; and (2) the State will not expend more than five percent of the grant for administrative costs. Defines low-income individual, for such purposes, as one whose income does not exceed 185 percent of a specified poverty line. Amends title V (Teacher Corps and Teacher Training Programs) of the Higher Education Act of 1965 (HEA) to add a new part G, Training Personnel for Early Childhood Education. Authorizes the Secretary of Education to make grants to institutions of higher education to: (1) train personnel for careers in early childhood education and development; and (2) prepare professional personnel to provide such training. Directs the Secretary to ensure that such part G grant funds are equitably distributed by geographic region and between four-year and two-year institutions. Permits such grants to be used by the institutions: (1) to cover the cost of such courses of training or study; and (2) for scholarships to individuals who agree to be providers of early childhood education or child day care services for at least two years after completion of their academic program. Requires that such scholarships be awarded on the basis of need to full- or part-time students, with preference to be given to those preparing to work with children three years of age or younger or children with handicapping conditions. Sets forth reporting requirements for grant or contract recipients under part G. Authorizes appropriations for FY 1986 through 1988 to carry out such HEA title V part G grants program for training personnel in early childhood education. Authorizes appropriations for FY 1986 through 1988 to carry out such program. Amends the Omnibus Budget Reconciliation Act of 1981 to revise provisions for grants to States for planning and development of dependent care programs. Adds an authorization of appropriations for FY 1986 for allotments to States to carry out the family day care training and technical assistance grants program added by this Act. Prohibits a project under such program from duplicating any services already provided by the State or locality to be served. Permits such program funds for FY 1986 to be used for grants to eligible nonprofit community-based organizations to provide: (1) training to family day care providers and individuals involved in training such providers (including child development and infant care training); and (2) technical assistance to family day care sponsors, providers, and individuals involved in training such providers, on laws and regulations applicable to the provision of family day care services. Allows training and technical assistance relating to the provision of family day care for handicapped children to be included under such grants. Makes nonprofit community-based organizations eligible for such grants if they: (1) have experience with working with such providers; and (2) agree to give training and technical assistance to such providers serving low-income families. Defines family day care as the care of children provided outside their residences, for a fee and on a part-day basis, by an individual in that individual's residence. Title V: Child Care Services for Special Groups - Part A: Child Care Services for Low-Income Postsecondary Students - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to add a new part D, Higher Education Institution-Based Child Care Program. Authorizes appropriations for such new part D program for FY 1986 through 1990. Directs the Secretary of Education to use such part D funds to make grants to institutions of higher education to provide child care services to low-income students. Sets forth grant application requirements, including provision of assurances that: (1) at least two-thirds of program participants are low-income individuals who are first-generation college students; (2) the remaining participants are either low-income individuals or first-generation college students; (3) the participants require the services to pursue a successful education beyond secondary school; (4) participants are enrolled at the grant recipient institution; and (5) the institution will provide to participants market rate vouchers for child care in licensed or registered programs or purchase slots in such programs for use by participants. Limits institutional administrative costs to five percent of the program grant. Defines low-income individual as one from a family whose taxable income for the preceding year did not exceed 150 percent of a specified poverty level amount. Part B: Respite Care Demonstration Grants for Families with Special Needs - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program of grants to States to assist public and private agencies to provide in-home or out-of-home respite care for handicapped children and children with chronic or terminal illnesses. Requires that such care be provided on a sliding fee scale with hourly and daily rates. Directs the Secretary of HHS to establish a demonstration program of grants to States to assist public and private agencies to provide crisis nurseries (i.e. centers providing temporary emergency services and care) for children who are abused and neglected, at high risk of abuse and neglect, or in families receiving child protective services. Requires crisis nurseries to: (1) provide such services and care without fee for a maximum of 30 days; (2) provide referral to support services. Sets forth administrative provisions for applications and awards of grants for the demonstration programs under this part. Requires States receiving such grants to submit annual funded program evaluation reports to the Secretary of HHS. Part C: Comprehensive Service Centers - Directs the Secretary of HHS to establish a program of grants to State and local health departments and nonprofit agencies to establish and operate school-located comprehensive health service centers. Requires such programs to be administered through the health resources and services administration of the Department of HHS. Requires such centers to provide, or arrange for the provision of, comprehensive health care services, child care sufficient to enable a student to continue education or enter employment, family life and parenting education, and academic and employment counseling and placement. Makes such services available to any student, but requires that priority attention be given the needs of any student who is an adolescent parent, pregnant, or a potential dropout. Requires such programs to provide or arrange provision of: (1) such services on school campuses, to the extent practicable; and (2) transportation of students to and from agencies supplying such services, and of eligible adolescent parents and their children to and from child care services. Sets forth provisions for fee schedules for such services. Prohibits discrimination on the basis of inability to provide full payment for such services. Requires grant recipients to collect reimbursement, where possible, for the Medicaid and title XX child care services programs under the Social Security Act. Limits State or local administrative costs to ten percent, and Federal administrative costs to one percent, of program funds. Sets forth grant application requirements. Directs the Secretary of HHS, in reviewing such applications, to: (1) consider the equitable geographic distribution of grants among States, and among urban and rural areas; and (2) give preference to recipients who will provide services in schools with the highest adolescent birth rate and the highest concentrations of low-income students and potential dropouts. Requires that Federal funds for such programs be supplementary to State and local funds, and that such programs provide services which are in addition to, rather than in substitution for, comparable services previously provided without Federal assistance. Sets the maximum Federal share of assistance to a center at 100 percent in the first year, 75 percent in the second year, and 50 percent in the third and any subsequent year of assistance. Sets forth annual reporting requirements for grant recipients. Directs the Secretary of HHS, after the second year of such assistance, to provide for an independent evaluation of a representative sample of such programs. Defines comprehensive health care services to include: (1) primary and preventive health services, including prenatal, delivery, and postpartum care; (2) pregnancy testing and maternity counseling; (3) nutrition counseling and referral; (4) screening and treatment of sexually transmitted diseases; (5) appropriate pediatric care; (6) pediatric services for infants born to adolescents; (7) mental health services and referral; (8) family planning services; (9) dental services and referral; and (10) such other services as the Secretary of HHS provides by regulation. Defines child care services,for purposes of this part, as services that: (1) are provided by a school-based or community-based child care organization (2) at a minimum include the provision of child care services to any child of an adolescent parent from birth through age 30 months; and (3) meet applicable State licensing standards. Authorizes appropriations for FY 1986 through 1988 for the grants program for school-located comprehensive health service centers under this part. Part D: Child Care Expenses for AFDC Recipients - Amends Social Security Act provisions relating to aid to families with dependent children (AFDC) to allow an increased amount of child care expenses to be taken into consideration in determinations of AFDC eligibility.

Bill· HRH.R. 2860 (99th)referred

A bill to amend titles II and XVI of the Social Security Act to provide that overpayments made to a deceased beneficiary and received by an entitled surviving beneficiary shall be considered overpayments to such surviving beneficiary, and shall be subject to the provisions of such Act relating to recovery, waiver of recovery, and adjustment of overpayments.

United States · United States Congress · 25 June 1985

Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to consider as overpayments the payments made to a deceased beneficiary that are received by an entitled surviving beneficiary.

Bill· HRH.R. 2812 (99th)reported

Single-Employer Pension Plan Termination Insurance Premium Act of 1985

United States · United States Congress · 20 June 1985

Single-Employer Pension Plan Termination Insurance Premium Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to increase from $2.60 to $8.50 per capita the annual permium rate payable to the Pension Benefit Guaranty Corporation (the Corporation) by single-employer pension plans for plan years beginning after December 31, 1985. Authorizes the Corporation to establish annual premiums in accordance with revised rate bases. Requires that congressional approval of the Corporation's recommended revised premium schedules be by the enactment of a joint resolution. (Current law requires a concurrent resolution for such purpose.)

Bill· HRH.R. 2811 (99th)reported

Single-Employer Pension Plan Amendments Act of 1985

United States · United States Congress · 20 June 1985

Single-Employer Pension Plan Amendments Act of 1985 - Amends title IV (Plan Termination Insurance) of the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to the single-employer pension plan termination insurance program. Sets forth redefinitions or new definitions relating to such program for the following terms: (1) substantial employer; (2) contributing sponsor; (3) controlled group; (4) single-employer plan; (5) benefit entitlements; (6) amount of unfunded guaranteed benefits; (7) amount of unfunded benefit entitlements; (8) outstanding amount of benefit entitlements; (9) person; (10) affected party; and (11) section 4049 trustee. Sets forth a technical correction to the Multiemployer Pension Plan Amendments of 1980. Amends ERISA to increase from $2.60 to $8.50 per capita the annual premium rate payable to the Pension Benefit Guaranty Corporation (the Corporation) by single-employer plans for plan years beginning after December 31, 1985. Authorizes the Corporation to establish annual premiums in accordance with revised rate bases. Requires that congressional approval of the Corporation's recommended revised premium schedules be by the enactment of a joint resolution (currently a concurrent resolution is required). Directs the chairmen of specified congressional committees to appoint an advisory council to study the premiums established under the single-employer pension plan termination insurance program under title IV of ERISA. Sets forth requirements relating to such council's membership and the matters to be studied by it. Requires the council to report to specified congressional officers within two years after enactment of this Act. Directs the Corporation and other Federal agencies to provide the council with relevant information. Authorizes appropriations to the council for FY 1985 and 1986. Specifies that the adoption and operation of a provision of a single-employer plan amendment is not a termination, for purposes of the title IV plan termination insurance program, if the sole effect of such provision is to provide that some or all service performed on or after a specified date will not be taken into account under the plan solely for purposes of determining benefits accrued on or after such specified date (in accordance with specified tax provisions). Sets forth notice requirements relating to such plan amendments. Sets forth general requirements relating to the termination of single-employer plans by plan administrators. Provides that, except for terminations instituted by the Corporation, a single-employer plan may be terminated only in a standard termination or a distress termination, as provided under this Act. Requires plan administrators to provide written notice to each affected party not later than 90 days before the proposed plan termination date. (Defines "affected party" as any plan participant, beneficiary, employee organization representing such participants, the Corporation, or their designees.) Sets forth procedures in the event of adjudicatory proceedings related to such standard or distress terminations. Provides that, for purposes of such termination requirements, a single-employer plan is sufficient for: (1) benefit entitlements if there is no amount of unfunded benefit entitlements under the plan; and (2) guaranteed benefits if there is no amount of unfunded guaranteed benefits under the plan. Sets forth general requirements and procedures for standard terminations of single-employer plans. Allows a single-employer plan to terminate under a standard termination only if: (1) the plan is sufficient for benefit entitlements; (2) the plan administrator provides a required 90-day advance notice to affected parties; (3) specified requirements for notice to the Corporation and notice to the participants and beneficiaries of benefit entitlements are met; and (4) the Corporation does not issue a notice of noncompliance. Provides for final distribution of assets in the absence of a notice of noncompliance. Sets forth alternative methods of such final distribution. Requires the plan administrator to certify to the Corporation that such assets have been distributed. Provides that such standard termination provisions shall not affect the Corporation's authority nor obligations with respect to specified matters relating to termination. Sets forth requirements and procedures for distress terminations of single-employer plans. Requires, before such distress terminations are allowed, that the contributing sponsor and its controlled group demonstrate the existence of a significant distress situation. Sets forth notification and information requirements for such proposed distress terminations. Directs the Corporation to determine in each case whether necessary distress criteria for a distress termination are met in at least one of four categories: (1) recent funding waivers; (2) liquidation in bankruptcy or insolvency proceedings; (3) termination required to enable payment of debts while staying in business; or (4) unreasonably burdensome pension costs caused by declining workforce. Sets forth distress termination procedures. Directs the Corporation, if it determines that the requirements for a distress termination are met, to: (1) determine whether the plan is sufficient for guaranteed benefits as of the termination date or that the information made available is insufficient for such a determination; (2) determine whether the plan is sufficient for benefit entitlements as of the termination date or that the information made available is insufficient for such a determination; and (3) notify the plan administrator of such determinations as soon as practicable. Sets forth provisions for implementation of distress terminations in cases: (1) of sufficiency for benefit entitlements; (2) of sufficiency for guaranteed benefits without a finding of sufficiency for benefit entitlements; and (3) without any finding of sufficiency. Sets forth procedures relating to a finding, after authorized commencement of termination, that the plan is unable to pay benefits when due. Sets forth requirements for the administration of the plan in the interim between the plan administrator's notice of distress termination to the Corporation and receipt of the Corporation's determination. Requires that plans which are terminated under distress terminations on the basis of bankruptcy or insolvency be restored to pretermination status if, under specified circumstances, liquidation proceedings are converted to reorganization proceedings. Requires the Corporation to institute court proceedings to terminate a single-employer plan whenever it determines that the plan does not have assets available to pay benefits that are currently due under the terms of the plan. Specifies that under provisions for the institution of termination proceedings by the Corporation, a court-appointed trustee's power to collect amounts due the plan includes collection from persons obligated to meet specified requirements under ERISA, the Internal Revenue Code, or the terms of the plan. Amends subtitle D (Liability) of title IV of ERISA to revise provisions relating to the liability of certain employers who maintained a single-employer plan at the time it was terminated. Sets forth liabilities relating to benefit entitlements in excess of benefits guaranteed by the Corporation. Provides that any person who is, on the termination date, a contributing sponsor of the plan, or a member of such a contributing sponsor's controlled group, shall incur liability to the Corporation and to the section 4049 trustee, in any case in which a single-employer plan is terminated in a distress termination or a termination otherwise instituted by the Corporation. Makes such liability to the Corporation equal to the sum of: (1) the amount of the plan's funding shortage; (2) the total amount of unfunded guaranteed benefits (as of the termination date) of all participants and beneficiaries under the plan; and (3) interest calculated from the termination date. Makes such liability due and payable as of the termination date, in cash or securities acceptable to the Corporation, but allows payments to the Corporation under a profits schedule for that amount of such liability which exceeds 30 percent of the collective net worth of persons subject to such liability. Sets forth requirements for annual liability payments under the profits schedule. Sets forth formulas relating to satisfaction of such liability under the profits schedule. Permits alternative arrangements for the satisfaction of liability to the Corporation. Makes such persons liable to the section 4049 trustee if there is an outstanding amount of benefit entitlements under the plan. Sets forth requirements for annual payments and formulas for the satisfaction of such liability to the section 4049 trustee. Amends Internal Revenue Code provisions relating to consideration of certain employer liability payments as contributions to provide for the deductibility of liability payments: (1) under alternative arrangements with the Corporation; (2) to section 4049 trustees. Amends subtitle C (Terminations) of title IV of ERISA to add provisions for distribution to participants and beneficiaries of liability payments to the section 4049 trustee. Directs the Corporation to appoint either itself or another person to act as the section 4049 trustee. Directs such trustee to establish a separate trust with respect to the terminated plan, to be used exclusively for: (1) receipt of such liability payments; (2) making such distributions to participants and beneficiaries; and (3) defraying reasonable administrative expenses. Sets forth procedures for such distributions by the trustee, including carry-over of minimal payment amounts. Amends Internal Revenue Code provisions relating to a list of tax-exempt organizations to include such ERISA section 4049 trusts. Amends subtitle D (Liability) of title IV of ERISA to add provisions relating to the treatment of transactions to evade liability and relating to the effect of corporate reorganization. Provides that, if a principal purpose of any transaction is to evade liability under subtitle D: (1) such transaction shall be disregarded; and (2) persons who entered into it with such principal purpose shall be subject to liability in connection with the termination of the plan as if they were contributing sponsors. Sets forth rules applicable to certain corporate reorganizations. Makes the successor corporation or corporations liable under subtitle D in cases of: (1) mere changes in identity, form, or place of organization; and (2) mergers, consolidations, or divisions. Makes the parent corporation liable under subtitle D in cases of liquidation into the parent corporation. Amends subtitle D (Liability) of title IV of ERISA to provide for additional enforcement authority relating to terminations of single-employer plans. Permits the bringing of actions to obtain an injunction or other appropriate equitable relief to enforce, or to redress violations of, specified provisions relating to single-employer plan terminations and liability under title IV of ERISA. Allows the following individuals or groups to bring such actions: fiduciaries, employers, contributing sponsors, members of contributing sponsors' controlled groups, participants, beneficiaries, or employee organizations representing participants or beneficiaries. Sets forth provisions relating to: (1) the status of a plan as party to the action and with respect to the legal process; (2) jurisdiction and venue; (3) right of the Corporation to intervene and to be represented by attorneys appointed by it; (4) venue of suits against the Corporation; (5) awards of costs and expenses; and (6) time limitations on such actions. Sets forth conforming, technical, and miscellaneous amendments.

Bill· HRH.R. 2813 (99th)reported

Single-Employer Pension Plan Amendments Act of 1985

United States · United States Congress · 20 June 1985

Single-Employer Pension Plan Amendments Act of 1985 - Amends title IV (Plan Termination Insurance) of the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to the single-employer pension plan termination insurance program. Sets forth redefinitions or new definitions relating to such program for the following terms: (1) substantial employer; (2) contributing sponsor; (3) controlled group; (4) single-employer plan; (5) benefit entitlements; (6) amount of unfunded guaranteed benefits; (7) amount of unfunded benefit entitlements; (8) outstanding amount of benefit entitlements; (9) person; (10) affected party; and (11) section 4049 trustee. Sets forth a technical correction to the Multiemployer Pension Plan Amendments of 1980. Specifies that the adoption and operation of a provision of a single-employer plan amendment is not a termination, for purposes of the title IV plan termination insurance program, if the sole effect of such provision is to provide that some or all service performed on or after a specified date will not be taken into account under the plan solely for purposes of determining benefits accrued on or after such specified date (in accordance with specified tax provisions). Sets forth notice requirements relating to such plan amendments. Sets forth general requirements relating to the termination of single-employer plans by plan administrators. Provides that, except for terminations instituted by the Corporation, a single-employer plan may be terminated only in a standard termination or a distress termination, as provided under this Act. Requires plan administrators to provide written notice to each affected party not later than 90 days before the proposed plan termination date. (Defines "affected party" as any plan participant, beneficiary, employee organization representing such participants, the Corporation, or their designees.) Sets forth procedures in the event of adjudicatory proceedings related to such standard or distress terminations. Provides that, for purposes of such termination requirements, a single-employer plan is sufficient for: (1) benefit entitlements if there is no amount of unfunded benefit entitlements under the plan; and (2) guaranteed benefits if there is no amount of unfunded guaranteed benefits under the plan. Sets forth general requirements and procedures for standard terminations of single-employer plans. Allows a single-employer plan to terminate under a standard termination only if: (1) the plan is sufficient for benefit entitlements; (2) the plan administrator provides a required 90-day advance notice to affected parties; (3) specified requirements for notice to the Corporation and notice to the participants and beneficiaries of benefit entitlements are met; and (4) the Corporation does not issue a notice of noncompliance. Provides for final distribution of assets in the absence of a notice of noncompliance. Sets forth alternative methods of such final distribution. Requires the plan administrator to certify to the Corporation that such assets have been distributed. Provides that such standard termination provisions shall not affect the Corporation's authority nor obligations with respect to specified matters relating to termination. Sets forth requirements and procedures for distress terminations of single-employer plans. Requires, before such distress terminations are allowed, that the contributing sponsor and its controlled group demonstrate the existence of a significant distress situation. Sets forth notification and information requirements for such proposed distress terminations. Directs the Corporation to determine in each case whether necessary distress criteria for a distress termination are met in at least one of four categories: (1) recent funding waivers; (2) liquidation in bankruptcy or insolvency proceedings; (3) termination required to enable payment of debts while staying in business; or (4) unreasonably burdensome pension costs caused by declining workforce. Sets forth distress termination procedures. Directs the Corporation, if it determines that the requirements for a distress termination are met, to: (1) determine whether the plan is sufficient for guaranteed benefits as of the termination date or that the information made available is insufficient for such a determination; (2) determine whether the plan is sufficient for benefit entitlements as of the termination date or that the information made available is insufficient for such a determination; and (3) notify the plan administrator of such determinations as soon as practicable. Sets forth provisions for implementation of distress terminations in cases: (1) of sufficiency for benefit entitlements; (2) of sufficiency for guarantee benefits without a finding of sufficiency for benefit entitlements; and (3) without any finding of sufficiency. Sets forth procedures relating to a finding, after authorized commencement of termination, that the plan is unable to pay benefits when due (whether these are guaranteed benefits only or benefit entitlements which are not guaranteed benefits). Sets forth requirements for the administration of the plan in the interim between the plan administrator's notice of distress termination to the corporation and receipt of the Corporation's determination. Requires that plans which are terminated under distress terminations on the basis of bankruptcy or insolvency be restored to pretermination status if, under specified circumstances, liquidation proceedings are converted to reorganization proceedings. Requires the Corporation to institute court proceedings to terminate a single-employer plan whenever it determines that the plan does not have assets available to pay benefits that are currently due under the terms of the plan. Specifies that, under provisions for the institution of termination proceedings by the Corporation, a court-appointed trustee's power to collect amounts due the plan includes collection from persons obligated to meet specified requirements under ERISA, the Internal Revenue Code, or the terms of the plan. Amends subtitle D (Liability) of title IV of ERISA to revise provisions relating to the liability of certain employers who maintained a single-employer plan at the time it was terminated. Sets forth liabilities relating to benefit entitlements in excess of benefits guaranteed by the Corporation. Provides that any person who is, on the termination date, a contributing sponsor of the plan, or a member of such a contributing sponsor's controlled group, shall incur liability to the corporation and to the section 4049 trustee, in any case in which a single-employer plan is terminated in a distress termination or a termination otherwise instituted by the Corporation. Makes such liability to the Corporation equal to the sum of: (1) the amount of the plan's funding shortage; (2) the total amount of unfunded guaranteed benefits (as of the termination date) of all participants and beneficiaries under the plan; and (3) interest calculated from the termination date. Makes such liability due and payable as of the termination date, in cash or securities acceptable to the Corporation, but allows payments to the Corporation under a profits schedule for that amount of such liability which exceeds 30 percent of the collective net worth of persons subject to such liability. Sets forth requirements for annual liability payments under the profits schedule. Sets forth formulas relating to satisfaction of such liability under the profits schedule. Permits alternative arrangements for the satisfaction of liability to the Corporation. Makes such persons liable to the section 4049 trustee if there is an outstanding amount of benefit entitlements under the plan. Sets forth requirements for annual payment and formulas for the satisfaction of such liability to the section 4049 trustee. Amends subtitle C (Terminations) of title IV of ERISA to add provisions for distribution to participants and beneficiaries of liability payments to the section 4049 trustee. Directs the Corporation to appoint either itself or another person to act as the section 4049 trustee. Directs such trustee to establish a separate trust with respect to the terminated plan, to be used exclusively for: (1) receipt of such liability payments; (2) making such distributions to participants and beneficiaries; and (3) defraying reasonable administrative expenses. Sets forth procedures for such distributions by the trustee, including carry-over of minimal payment amounts. Amends subtitle D (Liability) of title IV of ERISA to add provisions relating to the treatment of transactions to evade liability and relating to the effect of corporate reorganization. Provides that, if a principal purpose of any transaction is to evade liability under subtitle D: (1) such transaction shall be disregarded; and (2) persons who entered into it with such principal purpose shall be subject to liability in connection with the termination of the plan as if they were contributing sponsors. Sets forth rules applicable to certain corporate reorganizations. Makes the successor corporation or corporations liable under subtitle D in cases of: (1) mere changes in identity, form, or place of organization; and (2) mergers, consolidations, or divisions. Makes the parent corporation liable under subtitle D in cases of liquidation into the parent corporation. Amends subtitle D (Liability) of title IV of ERISA to provide for additional enforcement authority relating to terminations of single-employer plans. Permits the bringing of actions to obtain an injunction or other appropriate equitable relief to enforce, or to redress violations of, specified provisions relating to single-employer plan terminations and liability under title IV of ERISA. Allows the following individuals or groups to bring such actions: fiduciaries, employers, contributing sponsors, members of contributing sponsors' controlled groups, participants, beneficiaries, or employee organizations representing participants or beneficiaries. Sets forth provisions relating to: (1) the status of a plan as party to the action and with respect to the legal process; (2) jurisdiction and venue; (3) right of the Corporation to intervene and to be represented by attorneys appointed by it; (4) venue of suits against the Corporation; (5) awards of costs and expenses; and (6) time limitations on such actions. Sets forth conforming, technical, and miscellaneous amendments.