United States · United States Congress · 2 April 1985
Directs the Secretary of Health and Human Services to conduct a study of the benefit disparities caused by the 1977 changes in the social security benefit formula. Directs the Secretary to report the results of the study to the Congress and the Congressional Budget Office. Directs the Director of the Congressional Budget Office to report to the Congress that Office's conclusions and recommendations regarding the Secretary's report.
United States · United States Congress · 2 April 1985
World War I Veterans' Service Pension Act - Directs the Administrator of Veterans Affairs to pay a monthly pension of $150 to each veteran of World War I who meets specified service requirements. Requires such veteran, if receiving another pension administered by the Veterans Administration (VA), to elect which pension he will receive. Provides for the payment of a monthly pension of $100 to surviving spouses of World War I veterans who meet certain marriage requirements. Requires such surviving spouses to choose between pensions if they are currently receiving another pension through the VA.
United States · United States Congress · 28 March 1985
Fair Competition in Hydroelectric Licensing Act of 1985 - Amends the Federal Power Act to prescribe guidelines under which the Federal Energy Regulatory Commission (FERC) shall determine which electric utility license applicant offers the proposal best adapted to a certain comprehensive plan for waterways improvement. Prohibits the Commission from denying a license to a competing applicant because it has not previously operated a hydroelectric project. Requires the existing licensee to: (1) make available to an entity planning to file a competing license application all the data necessary to complete such application, and to grant a competing applicant access to the project works and lands; and (2) agree to perform with competing applicants certain joint studies required to be submitted with a license application. Requires FERC to give preference to State or municipality proposals which are equally well adapted to comprehensive plans for waterway improvement as the proposals of other applicants. Authorizes FERC to require implementation of electricity consumption efficiency improvement programs for the conservation and proper utilization of natural resources. Requires FERC to include as a condition of a license that an electric utility licensee provide in the public interest: (1) transmission services to other electric utilities over its transmission facilities; and (2) an increase in the transmission capacity of any bulk power transmission facility which it owns or operates. Authorizes the Commission to make available to the existing licensee up to an average of 25 percent of the project output for the initial one-fifth of the license term at the new licensee's cost of power and energy from the project. Requires FERC to issue new licenses no later than 12 months prior to the expiration date of an existing license. Requires the Commission to report annually to the Congress all projects for which new licenses have not been issued within such period. Requires FERC to transmit to the Attorney General all license applications in order to ascertain whether any activities under the Act would tend to be inconsistent with certain antitrust laws. Prohibits the Commission from issuing a license where such inconsistencies are found. Amends the Public Utility Regulatory Policies Act to repeal FERC's authority to exempt certain small hydroelectric power projects from the licensing requirements of the Federal Power Act.
United States · United States Congress · 28 March 1985
Medicare Solvency and Health Care Financing Reform Act of 1985 - Adds a new title XXI to the Public Health Service Act entitled "Programs for Reforming the Health Care Financing System." Sets forth part A of such title entitled "State Health Care Programs." Provides that if a State transmits to the Secretary of Health and Human Services, within one year of the enactment of this Act, a statement that the State intends to submit a health care plan (described below), for purposes of making payments to the State under title XIX (Medicaid) of the Social Security Act the Federal medical assistance percentage shall be 102 percent of such percentage as otherwise determined under Medicaid for such State for up to one year. Directs the Secretary to exempt hospitals in a State from the prospective payment limits established under this Act for certain time periods occurring during the first year of the transition period (defined in part C of title XXI as the 24-month period beginning January 1986) if: (1) the State requests such treatment; (2) the State indicates an intention to have implemented a State plan under title XXI which will provide for a recoupment of any revenues received in excess of the amounts permitted under part A; and (3) the State has agreed, with respect to such hospitals, that if a State plan under this Act is not implemented by the end of the first year of the transition period, then the Secretary shall provide for such adjustment in the prospective payment limits under part I of part B as will provide for recoupment in the subsequent year of any revenues received in excess of amounts permitted. Authorizes a State to apply to the Secretary for the approval of a health care plan for the State for an initial period of up to three years, subject to disapproval. Authorizes extensions of such initial period for up to two additional years. Provides that, for any one-year period, in the case of any State with an approved plan: (1) the transitional period provisions of subpart I of part B of title XXI shall not apply; (2) requirements for reimbursement (other than those relating to beneficiary cost sharing) under title XVIII (Medicare) of the Social Security Act shall be waived; and (3) for purposes of making payments to a State under Medicaid the Federal medical assistance percentage shall, for the year the plan is in effect, be 103 percent (or 104 percent in the case of an unrestricted Medicaid plan) of the amount of the Federal medical assistance percentage otherwise determined under Medicaid and 102 percent (or 103 percent in the case of an unrestricted Medicaid plan) for any subsequent year (except for any extension period) of the amount of the Federal medical assistance percentage otherwise determined. Defines "unrestricted Medicaid plan" as a State Medicaid plan which does not impose any limitation on the scope or duration of inpatient hospital services other than requiring that such services be medically necessary. Directs the Secretary to annually review each approved plan. Requires the continued approval, for a certain time, of a plan not in compliance, if the State certifies that it will comply within a stated time period. Permits a further extension of approval if there is a trend towards compliance. Provides for the establishment of a Federal program with respect to hospitals for a State which cannot comply. Requires a State plan, in order to be approved, to meet the general requirements set forth below and, if applicable, certain requirements relating to ratesetting plans. Permits a plan, in meeting the general requirements, to be designed in a manner that meets such requirements through a ratesetting system, a voluntary system, or through the use of competitive mechanisms. Requires a plan to be designed in a manner so as to provide, to the satisfaction of the Secretary, that: (1) the amount of the total revenues per discharge for all hospitals in the State for each year beginning before 1987 in which the plan is in effect may not exceed the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor; and (2) the amount of the total revenues per discharge for all services furnished to hospital inpatients for all hospitals in the State for each year beginning after 1986 in which the plan is in effect may not exceed the sum of the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor, plus the base physician-related hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the plan is in effect and provided for a limitation under this clause (2), and the population-discharge factor. Authorizes a State, at its option, to apply the test specified in clause (2) instead of the test specified in clause (1) with respect to years prior to 1986. Permits a plan, instead of meeting the above requirements, to meet such other alternative test of constraint of health care costs as the Secretary determines will not result in a greater expenditure of funds under title XVIII (Medicare) of the Social Security Act and by private payers than would have been made if the plan met the above requirements. Requires a plan to be designed so as to provide that the amount of revenues for inpatient hospital services and physicians' services to hospital inpatients and individuals entitled to benefits under parts A (Hospital Insurance) and B (Supplementary Medical Insurance) of title XVIII of the Social Security Act may not exceed the amount which would otherwise be payable (including copayments and deductibles) for such services under title XVIII. Permits a plan (other than a plan providing for the establishment of rates of hospital reimbursement for hospital inpatient services) to provide that payment under title XVIII for inpatient hospital services and for other services furnished to hospital inpatients shall continue to be made in the amounts and in the manner otherwise provided under Medicare. Requires that the unreimbursed costs incurred by hospitals in providing services to low-income, uninsured or underinsured patients (other than Medicare or Medicaid patients) be paid pursuant to a plan in an amount which must, in the aggregate, be the same proportion of total revenues as such unreimbursed costs are of total costs of patients who are neither Medicare nor Medicaid patients. Provides that such unreimbursed costs shall be paid through distribution of funds pooled at the statewide level, through a higher payment rate, or through another method approved by the Secretary. Requires a plan to have a mechanism for providing fair hearings for hospitals and any other entities aggrieved by determinations made under the plan. Requires a State to provide for the appointment of a panel, consisting of members with expertise in health care economics and service delivery, to advise in the development and implementation of its plan, periodically review and propose modifications to the plan, and establish the methodology for establishing the percentage limit used to compute hospital revenues. Requires such methodology to include the use of appropriate external price indicators, the use of data from major collective-bargaining agreements for nonsupervisory hospital employees, and other appropriate indicators of wage costs. Requires the methodology to be approved by the Secretary. Requires a plan, to the extent that it provides for meeting plan requirements through a system which provides for the establishment of rates for hospital reimbursement for hospital inpatient services by an entity other than the hospital, to meet the following additional requirements: (1) except as provided in clause (2), the plan must provide equitable treatment of all entities that pay for health services covered under the plan, of hospital employees, and of patients; (2) if the plan is established under State law, the plan must take into account the proportion of costs associated with, and services covered by, the different payors, including Medicare and Medicaid, and may not permit undue shifting of proportions of costs among the different payors; (3) the plan may not make available any discount in price to any purchaser unless the discount accurately reflects economic benefits to a hospital resulting from a service arrangement with a purchaser and the discount is made available to all other purchasers who can satisfy such service; and (4) the plan must provide a procedure whereby, upon the request of a hospital, an adjustment can be considered to the rate limitation applicable under the plan to that hospital to reflect a significant change in the inpatient hospital services, increased costs for the compensation of employees, funds necessary to provide for the efficient operation of a hospital which the State has determined should remain in operation, and higher expenses associated with a regional tertiary care institution, teaching hospital, or children's hospital. Directs the Secretary, in reviewing a plan which provides for control of hospital inpatient costs through a competitive mechanism, to take into account the degree to which the plan provides for the following or other measures to improve price competition among providers: (1) the plan provides for open enrollment periods; (2) the plan provides for the dissemination of information concerning different health benefits plans; (3) the plan encourages innovation and public incentives to new forms of health care delivery and financing; (4) there are negotiated prices and risk-sharing between insurers and health care providers; and (5) the laws of the State do not impose legal barriers to competition in negotiated and other arrangements among insurers and health care providers. Sets forth part B of title XXI entitled "Residual Federal Program, subpart I, Transition Period." Provides that, subject to the provisions of subpart I, for any accounting period of a hospital subject to subpart I, the total revenues for inpatient hospital services may not exceed the total of such revenues that are permitted on the basis of prospective payment limits established under subpart I for the hospital's discharges as classified by diagnosis-related groups. Requires each hospital subject to a limitation on revenues under subpart I to provide for the publication of a price list which establishes the price per discharge which any payor may pay for inpatient hospital services. Requires a hospital to submit its price list to the Secretary. Directs the Secretary to determine (for each accounting period) a prospective payment limit for inpatient hospital services for discharges classified by diagnosis-related groups. Sets forth the method for determining and adjusting the limit for each hospital for discharges. Authorizes the Secretary, at the request of a hospital, to increase the allowable revenues for an accounting period or provide for an increase in the base number of discharges otherwise permitted under subpart I to allow for higher revenues than would otherwise be permitted if: (1) a major renovation or replacement of physical plant or significant change in the capacity of the hospital has occurred; (2) the hospital is a sole community provider or provides a disproportionate percentage of its services to low-income or Medicare patients, the hospital would otherwise be insolvent, and the State has determined that the hospital should remain open; (3) a larger revenue increase is needed because the hospital is a regional tertiary care institution, teaching hospital, or children's hospital; and (4) there has been a significant change in the characteristics of the hospital's mix of patients. Subjects a hospital which has total inpatient revenues for an accounting period in excess of its applicable limit to a civil penalty, unless the excess is deposited in an escrow account. Permits withdrawals from the account upon the Secretary's certification that the total inpatient revenues of a hospital for an accounting period fall below the applicable limit for that period. Establishes a civil penalty for a physician or other person or entity (other than a hospital) who has charged any person or entity for services which are required by law to be billed to a hospital. Sets forth provisions relating to notice, opportunity for a hearing, and appeal of such penalties. Prohibits a hospital from engaging in an admission practice that results in: (1) a refusal to admit a patient who is unable to pay for inpatient hospital services; (2) the refusal to admit a patient who would be expected to require unusually costly or prolonged treatment; or (3) the refusal to provide emergency services to any person in need of such services. Sets forth penalties, including exclusion from Medicare or Medicaid participation, for hospitals committing such admissions violations. Sets forth subpart II of Part B entitled "Post-Transition Period." Provides that in the case of a State not having a plan approved under part A and in effect for any period beginning after the transition period, the Secretary shall establish and implement a health care plan for such State for such period which meets the requirements of part A, with specified differences. Sets forth definitions under part C of title XXI. Establishes an Advisory Committee on Health Care Technologies and Procedures. Directs the Advisory Committee to examine the appropriateness of the various interventions and the conditions under which they are needed, the safety and efficacy of alternative therapeutic and preventive regimens, and the standards for availability and utilization of various technologies, and to publicly report on whether or not payments should be made for such services and, if so, under what conditions and frequency of service. Exempts individuals enrolled in health maintenance organizations and competitive medical plans from the limits established under title XXI on revenues and discharge of a hospital if: (1) the organization elects such treatment; or (2) the organization annually pays for more than 20 percent of the number of bed-days of care with respect to that hospital. Amends provisions of the Public Health Service Act relating to employees' health benefits plans to provide that if an employer makes a contribution with respect to the costs of a health benefits plan of an employee and the employer offers the option of membership in a health maintenance organization or a competitive medical plan, which membership provides benefits at least actuarially equivalent to those provided under the other health benefits plan, the employer shall: (1) contribute at least as much towards the membership as the maximum amount of the employer's contribution to the other plan; (2) provide for a cash rebate if the contribution with respect to any other health benefits plan exceeds the cost of membership with the organization; and (3) provide information to employees that reasonably compares the benefits and costs of different plans. Exempts from the provisions of the previous sentence employees of an employer represented by a collective bargaining representative or other employee representative selected under any law. Amends title XVIII (Medicare) of the Social Security Act, with respect to health maintenance organizations and competitive medical plans, to provide that the annual per capita rate of payment for each class of members shall be 100 percent in the case of individuals enrolled with an eligible organization in an area where at least 30 percent of the individuals eligible to enroll with an organization are enrolled. Amends title XIX (Medicaid) of the Social Security Act to exempt a health maintenance organization which is a public entity from the requirement that at least 75 percent of its membership be Medicaid eligible or insured under part B (Supplementary Medical Insurance) of title XVIII or under both parts A (Hospital Insurance) and B of title XVIII. Directs the Secretary, under the prospective payment provisions of title XVIII of the Social Security Act, to provide that in the case of a State health care plan approved under Part A of title XXI of the Public Health Service Act payments with respect to services covered under title XXI: (1) may, at the State's option, be made in accordance with title XXI rather than Medicare; or (2) shall be made in accordance with title XXI rather than Medicare in the case of a plan which provides for the control of hospital costs through a title XXI ratesetting mechanism. Provides for increased Medicare payments to a hospital for its operating costs if the number of admissions for an accounting period exceeds the hospital's admissions during a specified base period. Directs the Secretary to determine a regionally adjusted capital-related prospective payment rate for each inpatient hospital discharge in accordance with a specified formula. Directs the Secretary, for each diagnosis-related group, to estimate the average per discharge amount of charges recognized under part B of title XVIII attributable to items and services furnished to inpatients within such group during 1983. Provides that, subject to the part B deductible and subject to other provisions of the Medicare prospective payment rate provisions, with respect to each individual entitled to benefits under part A and enrolled under part B of title XVIII who is a hospital inpatient and whose discharge is classified within a diagnosis-related group, the Secretary shall provide for payment to the hospital of an amount equal to 80 percent of a specified rate in lieu of payments otherwise made under part B for inpatient services. Requires that: (1) payments for health care services furnished to inpatients be made to or through a hospital as a condition of the hospital's participation in the Medicare payment; and (2) the Secretary provide for notice to the public and to individuals enrolled under part B of title XVIII of the Social Security Act of such requirement. Permits the Federal Hospital Insurance Trust Fund to borrow at any time from other social security trust funds if it can repay the loan within ten years. Provides for the periodic transfer to the Federal Hospital Insurance Trust Fund from the Federal Supplementary Medical Insurance Trust Fund of amounts which the Secretary determines to be equal to a specified fraction of the total revenues of the Federal Supplementary Medical Insurance Trust Fund for each fiscal year. Directs the Secretary to conduct and report to the Congress on seven studies relating to: (1) health care costs, quality, delivery, and services; and (2) the effects of this Act.
United States · United States Congress · 20 March 1985
Labor-Management Notification and Consultation Act of 1985 - Prohibits any employer (i.e. any business with 50 or more employees) from ordering a plant closing or permanent layoff until 90 days after the employer serves written notice of a proposal to issue such an order to: (1) the representative of the affected employees or, if none, to each affected employee; and (2) the Federal Mediation and Conciliation Service. Provides for reduction of such notification period if the Service determines that unavoidable business circumstances prevent the employer from withholding such closing or layoff until the end of such period. Provides for extension of such notification period thus prohibiting the ordering of such closing or layoff while the employer is subject to an order to continue to consult. Prohibits an employer from ordering a plant closing or permanent layoff unless the employer has: (1) met with representatives of the affected employees with respect to a proposal to order such closing or layoff; and (2) consulted in good faith with such representative for the purpose of agreeing to a mutually satisfactory alternative to or modification of such proposal. Makes such obligation to consult commence on the date of notice and continue until the end of the 90-day notification period. Provides that such consultation period shall be extended if the Service determines that the employer has failed to comply with such consultation requirements. Authorizes the Service to renew any such extension imposed. Requires the employer to disclose to the affected employees' representative information necessary for thorough evaluation of: (1) the proposal to order the closing or layoff; and (2) any alternatives or modifications suggested to such proposal. Authorizes the Service to issue protective orders to prevent disclosure of information which could compromise the employer's competitive position. Sets forth provisions for the administration and enforcement of requirements under this Act. Provides for: (1) assistance by the Service to employers, employee representatives, affected employees, State employment services, and other State and local officials; (2) investigations and injunctive actions by the Department of Labor; (3) civil actions against employers; and (4) civil actions against representatives of employees. Provides that the rights and remedies provided to employees by this Act are in addition to any other contractual, statutory, or other legal rights and remedies of the employees. Expresses the sense of the Congress that employers who, because affected employees do not have a representative, are not required to comply with the consultation and disclosure requirements under this Act should consult with and disclose information to such employees in order to reach a mutually satisfactory alternative or modification of the proposal to order the closing or layoff. Establishes a National Commission on Plant Closings and Worker Dislocation. Requires the Commission to report to the President and the Congress within 12 months of the appointment of members. Terminates the Commission 30 days after such report. Authorizes appropriations for the Commission.
United States · United States Congress · 20 March 1985
Directs the President to limit imports of milk protein products. Directs the Secretary of Agriculture to establish an import licensing system for foreign milk protein products which gives: (1) first preference to importers or users who establish that there are no substitutes for their products; (2) second preference to importers or users who establish that domestically produced skim milk or skim milk solids cannot be substituted for their products; and (3) third preference to all other importers or users.
United States · United States Congress · 20 March 1985
Amends the Commodity Credit Corporation Charter Act to exempt from certain cargo preference requirements activities of the Commodity Credit Corporation or the Department of Agriculture that promote the export of agricultural commodities.
United States · United States Congress · 20 March 1985
Amends the Communications Act of 1934 to prohibit the Federal Communications Commission from permitting the assessment of a charge to recover the costs of services and facilities provided for interstate or foreign telecommunications on: (1) any residential subscriber of telephone exchange service; or (2) any business or individual subscriber that does not have more than one subscriber line within the same exchange area.
United States · United States Congress · 19 March 1985
Amends the Agriculture and Food Act of 1981 to provide that a buyer in the ordinary course of business who buys farm products from a seller engaged in farming operations shall take free of any seller-created security interest even though the buyer knows of its existence, unless within 12 months before the sale the buyer: (1) received notice of the security interest and of any payment obligations imposed by the secured party as conditions for waiver or release of the security interest and (2) has failed to perform such obligations. Sets forth parallel provisions for commission merchants or selling agents.
United States · United States Congress · 19 March 1985
Breast Cancer Treatment Informed Consent Act - Requires any State receiving funds under titles V (Maternal and Child Health Block Grant) or XIX (Medicaid) of the Social Security Act or under the preventive health service provisions of the Public Health Service Act to require any physician or surgeon licensed to practice medicine in such State to inform any breast cancer patient of alternative methods of treatment for breast cancer before such treatment is begun. Requires that the patients be informed by means of: (1) a standardized written summary in layman's language and in a language understood by the patient of alternative methods of treatment; and (2) an explanation of the treatment options described in such written summary together with the risks associated with each procedure relative to each patient's particular medical circumstances.
United States · United States Congress · 7 March 1985
Polygraph Protection Act of 1985 - Prohibits any employer from using any lie detector test or examination in the work place, for both pre-employment testing and testing in the course of employment. Requires the Secretary of Labor to prepare and have printed notices setting forth this prohibition. Requires employers to post these notices. Provides for remedies for violations of this Act as found in the Fair Labor Standards Act. Exempts Federal, State, and local employees from the Act's coverage.
United States · United States Congress · 7 March 1985
Anti-Apartheid Act of 1985 - Prohibits any U.S. person from making any loan to South Africa or to any organization owned or controlled by South Africa. Excludes from such prohibition a loan for any educational, housing, or health facility which: (1) is available to everyone on a nondiscriminatory basis; and (2) is located in an area accessible to all population groups. Declares that such prohibition shall not apply to loans for which an agreement is entered into before enactment of this Act. Directs the President to issue regulations prohibiting U.S. persons from making any investment (including bank loans) in South Africa. Excludes from such prohibition: (1) an investment which consists of earnings derived from a business enterprise in South Africa established before enactment of this Act and which is made in that business enterprise; or (2) the purchase of certain securities in such business enterprises. Prohibits any person, including U.S. banks, from importing into the United States any gold coin minted in or offered for sale by South Africa. Authorizes the President to waive the prohibitions against investments in South African businesses and against importing South African gold coins if: (1) the Government of South Africa meets at least one of seven conditions; (2) the President submits to the Congress a determination that such conditions are met; and (3) a joint resolution is enacted approving such determination. Authorizes the President to extend the waivers. Provides for expedited consideration of such joint resolution. Amends the Export Administration Act of 1979 to prohibit exporting computers, computer software, or goods or technology intended to service computers to or for use by South Africa or any organization owned or controlled by South Africa. Excludes from such prohibition donations of computers to primary and secondary schools. Declares that certain termination provisions of the Export Administration Act of 1979 shall not apply to such prohibition. Provides for enforcement of this Act. Sets forth penalties for violations of this Act. Directs the President to attempt to persuade through negotiations other countries to adopt restrictions on new investment in South Africa, on bank loans and computer sales to South Africa, and on the importation of krugerrands. Directs the President to submit annual reports to the Congress on the status of negotiations. Terminates the provisions of this Act and all the regulations issued to carry out this Act upon enactment of a joint resolution approving a determination submitted by the President to the Congress that apartheid in South Africa has been abolished.
United States · United States Congress · 7 March 1985
Homeless Emergency Relief Act of 1985 - Directs the Secretary of Health and Human Services, through the Office of Community Services, to provide grants to local governments or nonprofit organizations for the provision of emergency services (shelter, food, and outpatient care) to homeless persons and families. Limits: (1) Federal amounts to 75 percent of project costs; and (2) individual grants to $5,000,000. Establishes in such Office the Emergency Shelter Grants Review Board which shall review applications and recommend grant recipients to the Secretary. Authorizes FY 1986 appropriations.
United States · United States Congress · 7 March 1985
Expresses the sense of the House of Representatives that the United States should ratify the Convention on the Prevention and Punishment of the Crime of Genocide. Declares that the House will act expeditiously on the necessary implementing legislation.
United States · United States Congress · 7 March 1985
Expresses the sense of the House of Representatives that the Secretary of State should recommend to the Attorney General that extended voluntary departure status be granted to alien nationals of Guatemala until the situation there becomes safe for their return.
United States · United States Congress · 6 March 1985
Prohibits the Secretary of Defense from demilitarizing any chemical munitions under his or her jurisdiction except at the military installation at which the munitions are stored. Prohibits the Secretary from transporting chemical munitions to or from any U.S. military installation.
United States · United States Congress · 5 March 1985
Family Farmer Bankruptcy Reform Act of 1985 - Defines a "family farmer" for purposes of Federal bankruptcy law as a person who received more than 50 percent of gross income from farming operations, including a person that is a corporation that issues stock: (1) which is not publicly traded; and (2) the majority of which is held by one family. Allows a family farmer that owes secured and unsecured debts totaling less than $1,000,000 to qualify as a debtor under bankruptcy provisions providing for the adjustment of debts of an individual with regular income. Authorizes a plan filed under such provisions to modify the rights of holders of claims secured only by a security interest in real property which is a family farmer's principal residence and which such family farmer uses for farming operations. Prohibits the court from granting a discharge of any debt for payment on a claim if the rights of the claim holder are so modified. Permits the court to approve a plan providing for payment over a period of up to ten years in the case of a debtor who is a family farmer. Provides for the confirmation of a family farmer's plan with respect to allowed secured claims on a basis similar to that provided under bankruptcy reorganization provisions. Allows a family farmer up to 270 days after such a plan is filed to commence making payments proposed by the plan.
United States · United States Congress · 5 March 1985
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to permit each individual enrolled under part B to elect to be provided the benefits described in this Act. Provides that each such individual shall be deemed to have elected coverage for such benefits, unless the individual files notice to the contrary. Directs the Secretary of Health and Human Services to establish the premiums for such coverage. Sets forth the following benefits to be provided by such coverage: (1) the limitation on the length of inpatient hospital services under part A (Hospital Insurance) of title XVIII would be dropped; (2) coinsurance payments, under part A, for the first 100 days of skilled nursing coverage would be dropped; (3) coinsurance payments for part B services would be dropped; and (4) coverage for an annual preventive health care visit.
United States · United States Congress · 5 March 1985
Medicare Part C Program Act of 1985 - Amends title XVIII (Medicare) of the Social Security Act (the Act) to add a new part C entitled "Insurance Program for Vision, Hearing, and Dental Services and Prescription Drugs." (Redesignates the current part C as part D.) Provides for coverage in such new program on a voluntary basis. States that the program will: (1) provide benefits for aged and disabled individuals, and individuals with end stage renal disease; and (2) be financed from premium payments by enrollees and receipts from certain excise taxes on tobacco products. Provides that the program shall provide the following benefits: (1) routine eye care including an annual vision examination and prescription eyeglasses; (2) dental services, including teeth cleaning, extractions, examinations, and dentures; (3) hearing examinations and aids; and (4) prescription drugs and biologicals. Directs the Secretary of Health and Human Services to provide for a hearing aid certification program. Provides for payment from the Medicare Part C Trust Fund established by this Act for the incurred expenses of covered individuals. Provides, subject to certain conditions, for a payment rate of 100 percent of the reasonable cost, after payment of a deductible of $75. Sets forth procedures for the payment of claims to providers. Authorizes the Secretary of Health and Human Services to enter into agreements with carriers for administrative purposes. Provides that the following individuals shall be eligible for the program: (1) those entitled to benefits under part A (Hospital Insurance) of title XVIII; and (2) those residents aged 65 and older who are either citizens or lawfully admitted aliens who have resided in the United States continuously during the five years preceding their application. Permits individuals to enroll only during specified enrollment periods. Directs the Secretary of Health and Human Services to annually determine the premium rate. Requires that the premiums be deposited in the Medicare Part C Trust Fund. Establishes the Medicare Part C Trust Fund in the Treasury. Provides that the Trust Fund shall consist of gifts, bequests, premium deposits, and a portion of the tobacco excise tax. Requires the Board of Trustees of the Trust Fund to make certain reports to the Congress. Directs the Secretary, at the request of a State, to enter into an agreement with such State under which enrollment in the program established by this Act will be provided to certain individuals receiving assistance under titles I (Grants to States for Old-Age Assistance), XVI (Supplemental Security Income), and XIX (Medicaid) of the Act. Sets forth conforming amendments. Directs the Secretary to provide for a demonstration project on the cost-effectiveness of providing services and appliances, as a benefit under the new Medicare part C program, to assist or compensate for visual impairment in low-vision individuals. Provides that expenditures for such project shall be made from the Medicare Part C Trust Fund. Amends the Tax Equity and Fiscal Responsibility Act of 1982 to extend indefinitely the current rate of the excise tax on cigarettes.
United States · United States Congress · 5 March 1985
Amends title XVIII (Medicare) of the Social Security Act to provide that if the Secretary of Health and Human Services enters into a risk-sharing contract with an eligible organization (either a health maintenance organization or a competitive medical plan) offering a "hospital-based comprehensive care program," then the entity need not meet certain requirements for Medicare participation which would otherwise have to be met. Defines a "hospital-based comprehensive care program."
United States · United States Congress · 28 February 1985
Amends the Federal Tort Claims Act to permit actions to be brought against the United States for money damages for injury, loss of property, or death due to exposure to radiation by a Government contractor carrying out an atomic weapons testing program. Provides for substitution of the United States as defendant if such action is brought against the contractor.
United States · United States Congress · 28 February 1985
Agricultural Productivity Act of 1985 - Directs the Secretary of Agriculture to: (1) make an inventory of existing research and extension materials and recommend further areas of research regarding crop rotation, intercropping, biological pest control, and other related farming and soil conservation systems; and (2) make such information available to the public. Directs the Secretary to conduct research on 24 pilot farms (having specified mixes of livestock and crops) to examine the effects of the transition from practices relying on chemical fertilizers and pesticides and traditional soil tillage to systems relying on organic and biological pest control, crop rotation, and conservation tillage. Requires such farms to be chosen within 120 days. Directs the Secretary to make a parallel study of 12 farms which have been using such farm systems for at least five years. Sets the term of such projects at five years each. Sets forth on-farm study data, including soil profile changes, crop yields, energy and water use, and farm income. Directs the Secretary to make payments to the owner of a pilot farm if the Secretary determines such payments are justified. Stipulates that these payments may be made only during a project's last four years. Directs the Secretary to coordinate such pilot farms project with specified Federal and State agricultural services, colleges, and farmers. Directs the Secretary to report to the appropriate congressional committees: (1) within 15 months regarding the information inventory; and (2) by April 1 of each year regarding the pilot farms, with a final project summary and recommendations by April 1 of the year following completion. Provides for a five-year program of intercropping assistance under the Soil Conservation and Domestic Allotment Act. Authorizes appropriations.
United States · United States Congress · 28 February 1985
Prohibits any person employed by or acting on behalf of the U.S. Government from conspiring or engaging in an assassination. Prohibits any Federal agency from participating in or requesting any person to engage in an assassination.
United States · United States Congress · 28 February 1985
Employee Educational Assistance Act of 1985 - Amends the Internal Revenue Code to extend indefinitely the income tax exclusion for employee educational assistance programs. (Present law terminates such exclusion as of December 31, 1985.) Limits the maximum amount of such exclusion (beginning in 1986) to $5,000 of amounts paid or expenses incurred for educational assistance furnished to an employee during a calendar year. Exempts graduate students engaged in teaching or research activities from such maximum limit. Provides for annual cost-of-living adjustments in such maximum limit beginning in 1987.
United States · United States Congress · 28 February 1985
Amends the veterans' educational assistance program to extend the delimiting period for use of educational benefits by Vietnam veterans from ten to 20 years, through December 31, 1995, at the latest.
United States · United States Congress · 27 February 1985
High Risk Occupational Disease Notification and Prevention Act of 1985 - Directs the Secretary of Health and Human Services to conduct research into improving the means of: (1) surveillance of employees exposed to occupational health hazards; and (2) medical monitoring and treatment of employees exposed to occupational hazards. Provides that such research shall be conducted primarily through the occupational and environmental health centers established under this Act. Lists areas such research is to include (among which are: studying the etiology and development of such diseases; developing means of medical surveillance of exposed employees; and developing educational programs). Directs the Secretary to undertake or sponsor additional epidemiological, clinical, and laboratory research to identify and define additional employee populations at risk of occupational disease. Provides that: (1) this expanded research shall be conducted or sponsored by the National Institute for Occupational Safety and Health (NIOSH); and (2) in conducting such research, NIOSH shall have access to prior and current employment, occupational, and health-related data and information maintained by Federal agencies. Authorizes the Secretary, in carrying out such research, to employ experts and consultants. Establishes a Risk Assessment Board, within NIOSH, to: (1) review current medical and other scientific studies and reports concerning the incidence of disease associated with employment; (2) report to the Secretary on the state of current research on such diseases; and (3) designate, from such review, employee populations at risk of disease associated with hazardous occupational exposures. Sets forth factors which the Board must consider in identifying such populations at risk. Directs the Board, within ten days of making a finding that a class or category of workers is a population at increased risk (30 percent greater incidence of disease than a comparable worker population not exposed to the hazardous occupational exposure) or a population at high risk (100 percent greater incidence than the comparable worker population not exposed), to recommend to the Secretary that individuals within such populations be notified and, in cases of high risk, be eligible for services and information under this Act. Gives priority for Board review to those employee populations exposed to hazardous occupational exposures for which there already exists a permanent standard under the Occupational Safety and Health Act. Requires the Board to transmit to the Secretary its findings and recommendations on these employee populations within one year after the effective date of this Act. Directs the Secretary, upon determination that a given class or category of employee is a population at risk of occupational disease, to notify each individual within such population at risk. Sets forth the required contents of such notification, including counseling information. Directs the Secretary to establish a telephone "hot line" for the personal physicians of employees who have received such notification, to provide additional medical and scientific information concerning the nature of the risk and its associated disease. Directs the Secretary to prepare and distribute other medical and health promotion material and information on any risk subject to such notification requirements and its associated disease as the Secretary deems appropriate. Provides that, in carrying out such notification responsibilities, the Secretary shall have access to information and data contained in any Federal agency records, solely for the purpose of obtaining names, addresses, and work histories of employees subject to such notification. Directs the Secretary to establish and certify occupational and environmental health centers. Provides that such centers shall be selected from: (1) educational resource centers of NIOSH and similar centers of the National Institute for Environmental Health Sciences; and (2) at a later date, existing health care facilities, in an appropriate number to obtain even regional distribution of such centers throughout the United States. Sets forth criteria for selection of such centers. Requires such centers to be capable of providing research resources, diagnosis, treatment, medical monitoring, and family services for employees notified under this Act who are at high risk of occupational disease. Directs the Secretary to: (1) develop criteria governing the most appropriate type of medical monitoring; and (2) develop a program for training of existing personnel and procuring specialized equipment required under criteria for certification of such centers. Prohibits discrimination by any employer, insurance carrier, or any other person against any employee on the basis that the employee has been notified by the Secretary of being at risk of any occupational disease. Requires that the employee retain the same rates of pay, benefits and seniority as in the former job if, based upon sound medical advice or monitoring initiated under this Act, it is determined that the employee should be transferred to a less hazardous or non-exposed job. Prohibits any health care financing system from discriminating against an employee who has been notified by the Secretary under this Act in the payment of the costs associated with a medical monitoring program, or any subsequent treatment, including treatment required by a medical monitoring examination or the onset of disease. Sets forth procedures for review of discrimination complaints. Provides for reinstatement and specified compensation for employees who are discriminated against in violation of this Act. Sets forth civil penalties for persons or institutions that violate such discrimination prohibitions. Provides for injunctive relief against violations of this Act or any rule or regulation promulgated under this Act. Requires each health care financing system (including public and private health insurance programs, and the Medicare and Medicaid programs, and disability benefits under the Old Age, Survivors and Disability Insurance program) to provide appropriate testing, evaluation, and medical monitoring services to employees as required under this Act. Requires that the cost of testing, evaluation, and medical monitoring required by an employee as a result of hazardous occupational exposure and notification under this Act be included as a covered item in any health care financing system available to such employees through their employment or as individual purchasers of health insurance. Provides that any treatment provided by a health care financing system to an employee for a subsequent disease that was subject to a notification under this Act may constitute an insurance subrogation claim against a workers' compensation program or insurance carrier. Provides that notification of risk to an employee under this Act and subsequent medical evaluation and monitoring shall not constitute a workers' compensation claim, nor shall such notice toll any statute of limitations with respect to such a claim, except as specifically provided by law under a workers' compensation statute. Authorizes appropriations for FY 1986 and subsequent fiscal years.
United States · United States Congress · 27 February 1985
Cancer Patients Employment Rights Act - Amends the Civil Rights Act of 1964 to make it an unlawful employment practice for an employer, employment agency or labor organization to: (1) require an employee or prospective employee with a cancer history to meet certain medical standards unrelated to job requirements; or (2) reveal any confidential medical information without consent. Makes it an unlawful employment practice for an employer to fail to make a good faith effort to explore where reasonable accommodations may be made for an employee with a cancer history. Provides that it shall not be an unlawful employment practice to fail or refuse to hire or to discharge an employee: (1) if the employer demonstrates no reasonable accommodation can be made; or (2) the employee is unable to perform the job safely. Includes cancer history within the protections of the Civil Rights Act of 1964.
United States · United States Congress · 27 February 1985
War Powers Act of 1984 - Amends the War Powers Resolution to rename the resolution the War Powers Act. Authorizes U.S. armed forces, in the absence of a congressional declaration of war, to be introduced into hostilities or into a situation where the imminent introduction of such forces into hostilities is clearly indicated by the circumstances, only: (1) to repel an attack upon the United States, to take retaliatory actions in the event of such an attack, and to forestall the direct and imminent threat of such an attack; (2) to repel an attack against U.S. armed forces located outside the United States and to forestall the direct and imminent threat of such an attack; (3) to protect U.S. citizens while evacuating them from a country where they are being subject to a direct and imminent threat to their lives either sponsored by the country's government or beyond the power of such government to control, provided the President shall make every effort to terminate the threat without using U.S. armed forces and provided that the President shall, where possible, obtain the consent of the government before using U.S. armed forces; or (4) pursuant to specific statutory authorization. Requires the President to report to the Speaker of the House and the President of the Senate whenever U.S. armed forces are introduced into hostilities or into one of the other situations listed above. Requires the President to report to the Congress at least once every six months for as long as U.S. armed forces are engaged in hostilities outside the United States. Limits the length of time that U.S. armed forces may be used in hostilities or in such situations to 30 days unless the Congress enacts a law providing otherwise. Permits the Congress by law or joint resolution to terminate U.S. involvement before the expiration of the 30 days. Provides for expedited consideration of proposals to continue or terminate the use of U.S. armed forces in such situations. States that statutory authorization either for introducing U.S. armed forces into or for sustaining their use in hostilities or situations where imminent introduction of such forces into hostilities is clearly indicated by the circumstances shall not be inferred from: (1) any provision of law unless such provision specifically authorizes such introduction or use of the armed forces and states that it is intended to constitute specific statutory authorization within the meaning of this Act; or (2) any treaty unless the treaty is implemented by a law specifically authorizing such introduction or use of such armed forces and stating that it is intended to constitute specific statutory authorization within the meaning of this Act. Permits U.S. armed forces to participate jointly with members of military forces of other countries in high-level military commands that were established before enactment of this Act and pursuant to a treaty which was ratified before such enactment.
United States · United States Congress · 27 February 1985
Prohibits any U.S. person from making or holding any investment in South Africa. Provides for regulations to carry out this prohibition. Sets forth penalties for violations of this Act. Makes this Act applicable to transactions made with intent to evade this Act.
United States · United States Congress · 21 February 1985
Construction Work in Progress Policy Act of 1985 - Amends the Federal Power Act to provide that nothing in such Act shall be construed to affect the Federal Energy Regulatory Commission's authority to approve the inclusion of the costs of construction work in progress (defined as construction of a facility used to generate electric energy) in the rate base of a public utility with respect to: (1) any pollution control facility; and (2) the conversion of oil or natural gas-fired facilities to the use of other fuels. Permits a public utility whose internal generation of funds during a test period established by the Commission is 30 percent or less of planned construction expenditures during such period to apply for the inclusion of the cost of construction work in progress in the public utility's rate base. Sets forth the items required in such an application. Requires the Commission to hold an evidentiary hearing upon receipt of an application from a public utility. Requires the Commission to approve the inclusion of the costs of construction work in progress in the utility's rate base if: (1) the facility being constructed is reasonably necessary to meet energy demands; and (2) the utility's financial condition would prevent the financing of such facility except at a cost significantly higher than the average cost of financing within the electric utility industry. Sets forth limitations on the amount of the costs of construction work in progress which may be included in a public utility's rate base. Requires public utilities to discontinue the capitalization of allowance for funds used during construction for those construction work in progress costs which are included in the rate base. Requires that revenues derived from construction work in progress be deferred from inclusion in utility rates for a certain period of time when the facility becomes used for public service.
United States · United States Congress · 21 February 1985
Declares that the House of Representatives: (1) finds that the Job Corps program has been a cost-effective and successful effort to assist disadvantaged young men and women in obtaining and holding employment; (2) reaffirms its commitment to the Job Corps program; and (3) will not make or accept any reduction in the level of funding for the Job Corps program.
United States · United States Congress · 7 February 1985
Social Security COLA Trigger Reduction Act of 1985 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to reduce from three percent to one percent the amount of increase necessary in the cost-of-living index to trigger OASDI cost-of-living adjustments. Adjusts an associated reporting requirement of the Secretary of Health and Human Services.
![Official portrait of Rep. Kastenmeier, Robert W. [D-WI-2]](https://www.congress.gov/img/member/k000020_200.jpg)