United States · United States Congress · 19 June 1985
Comprehensive Trade Law Reform Act of 1985 - Title I: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to add requirements for a country to be considered a "country under the Agreement" (the Agreement on Subsidies and Countervailing Measures) for purposes of the countervailing duty provisions of such Act. Requires such a country to have made a commitment under the General Agreement on Tariffs and Trade (GATT) to: (1) eliminate its export subsidies within one year (five for least developed countries); (2) not increase, extend, or add export subsidies; and (3) eliminate immediately export subsidies on those products in which such country is competitive. Requires the International Trade Commission (ITC), upon request, to investigate whether the merchandise is already competitive in the U.S. market and whether the merchandise would be competitive in the absence of export subsidies. Directs the administering authority to review the status of, and compliance with, specified trade agreements at least once during each 12 month period. Directs the administering authority to publish such determinations. Imposes penalties for failure of a foreign country to honor any term of such agreements, including withdrawing designation of a country as a "country under the Agreement," suspension of liquidation of imports, and initiation of a countervailing duty investigation. Directs the administering authority, if there is an affirmative determination, based upon allegations in a petition for relief of the existence of a subsidy which requires the imposition of a countervailing duty and the petition alleges that the subsidy is inconsistent with the Agreement or if the administering authority initiates a countervailing duty investigation and the administering authority has reason to believe that a subsidy is inconsistent with the Agreement, to: (1) notify the U.S. Customs Service and direct customs officials to collect and forward to the administering authority information on the imports of the merchandise which is the subject of the investigation; (2) order the suspension of liquidation of all entries of such merchandise; and (3) begin monitoring the volume of imports of such merchandise to determine whether the volume of such imports has significantly increased. Prohibits making any determination on whether the volume of such imports has significantly increased until 60 days after the date the investigation began. Terminates any suspension of liquidation of such imports if the administering authority makes a preliminary determination that a subsidy does not exist. Directs the administering authority to order the posting of security for, and the application of a suspension of liquidation of, unliquidated imports which were imported 90 days before the date on which the preliminary determination is published if there is a determination that the volume of imports has surged, the alleged subsidy is inconsistent with the Agreement, and there have been massive imports of the merchandise subject to the countervailing duty investigation in a relatively short period. Directs the administering authority to terminate any suspension of liquidation of imports and to release any posted security requirement if a countervailing duty investigation is terminated. Requires the final determination of the administering authority in a countervailing duty investigation, if there is a final determination that a subsidy exists and if there is a finding that the volume of the investigated imports has increased significantly, to contain a finding on whether the alleged subsidy is inconsistent with the Agreement and whether there have been massive imports of the merchandise being investigated over a relatively short period of time. (Such finding is a finding of critical circumstances.) Requires the final determination of the ITC, if such determination is that there is no material injury but that there is a threat of material injury, to include a finding as to whether material injury by reason of subsidized imports would have been found but for any suspension of liquidation of such imports. (Deletes the provision requiring the ITC to include in its final determination findings as to whether there is material injury which will be difficult to repair and whether the material injury was caused by massive imports of subsidized merchandise over a relatively short period of time.) Requires the administering authority, if the administering authority makes a final determination that critical circumstances do not exist or if the ITC determines that there is no material injury but that there is a threat of material injury or that the establishment of a U.S. industry is materially retarded, to: (1) terminate any suspension of liquidation of imports ordered under a countervailing duty investigation; and (2) release any security and refund any cash deposit required with respect to such imports. Permits determinations of whether critical circumstances exist with respect to imports of articles that are not duty-free. Directs the administering authority, if the preliminary determination in an antidumping investigation is affirmative or if the investigation is initiated by the administering authority, to: (1) notify the U.S. Customs Service of such determination and direct customs officers to collect and forward information on the volume and value of imports of the merchandise subject to such investigation; and (2) begin monitoring the volume of such imports to determine whether the volume of such imports has significantly increased. Requires the administering authority to publish notice of a determination that the volume of such imports has significantly increased. Prohibits making such a determination until 60 days after the antidumping investigation has begun. Directs the administering authority to order the suspension of liquidation of all imports of the articles subject to the antidumping investigation 70 days after the date the investigation has begun. Terminates such suspension of liquidation if the preliminary determination under waiver of verification is negative. Directs the administering authority to determine whether critical circumstances exist if the administering authority determines that the volume of imports of the articles under investigation for dumping has significantly increased. (Current law requires the administering authority to determine whether critical circumstances exist if the petitioner alleges critical circumstances.) Requires the administering authority, if it determines that critical circumstances exist, to order the posting of security for, and require any suspension of liquidation to apply to, unliquidated entries of merchandise imported on or after the date that is 90 days before the date on which the affirmative preliminary determination is published. Terminates any suspension of liquidation of imports and releases any posted security if an antidumping investigation is terminated. Requires the final determination of the administering authority in an antidumping investigation, if it finds that the merchandise subject to the investigation is being, or is likely to be, sold in the United States at less than fair value and the administering authority has found that the volume of imports of such merchandise has increased significantly, to contain a finding as to whether: (1) either there is a history of dumping in the United States or elsewhere of such merchandise that the importer knew or should have known that the exporter was selling such merchandise at less than its fair value; and (2) there have been massive imports of such merchandise over a relatively short period. (Current law requires such a finding to be included in the final determination if such critical circumstances have been alleged in the petition for relief.) Requires the final determination of the ITC, if such determination is that there is no material injury but that there is a threat of material injury, to include a finding as to whether material injury by reason of dumped imports would have been found but for any suspension of liquidation of such imports. Requires the administering authority, if the administering authority makes a specified final determination or the ITC determines that there is no material injury but that there is a threat of material injury or that the establishment of a U.S. industry is materially retarded, to: (1) terminate any suspension of liquidation of imports of such merchandise; and (2) release any security and refund any cash deposit required with respect to such imports. Declares that if the ITC has made an affirmative preliminary or final determination that countervailing or antidumping duties should be imposed with respect to merchandise that is the subject of a countervailing or antidumping duty investigation during the one-year period ending on the date on which such investigation is begun: (1) the ITC shall not be required to make another preliminary determination of injury; and (2) the preliminary determination of relief shall be applied without regard for the requirement that an affirmative injury determination be obtained. Authorizes the administering authority to suspend a countervailing duty investigation if the government of the country in which the subsidy practice is alleged to occur agrees, or exporters who account for substantially all of the imports of the merchandise agree, to: (1) eliminate the subsidy completely within six months; or (2) cease exports of such merchandise to the United States within six months. Deletes the provision authorizing suspension of such investigation if the subsidizing country agrees to offset the amount of the subsidy. Adds new conditions for the waiver of deposit of estimated antidumping duties. Authorizes such waiver if in addition to the current requirements: (1) the investigation has not been designated as extraordinarily complicated; (2) the final determination has not been postponed; (3) credible evidence is presented that the amount by which the foreign market value of the merchandise exceeds the U.S. price is significantly less than the amount of such excess specified in the antidumping duty order; and (4) the data concerning the foreign market value and the U.S. price apply to sales in the usual commercial quantities and in the ordinary course of trade and the number of such sales are sufficient to form an adequate basis for comparison. Requires the administering authority, before determining to allow such waiver, to: (1) make all confidential information supplied to the administering authority available under a protective order to all interested parties; and (2) afford all interested parties an opportunity to comment on whether the waiver should be permitted. Amends the definition of "subsidy" for purposes of the countervailing duty provisions to include the provision of capital, loans, loan guarantees, goods, or services at preferential rates or on terms inconsistent with commercial considerations. Amends the definition of "interested party" to include a U.S. manufacturer, producer, or wholesaler, or a union, trade or business association, or another association which represents manufacturers, producers or wholesalers of a like product of major parts, materials, components, or assemblies or subassemblies which are irrevocably destined for incorporation into the like product. Defines "diversionary dumping" as the purchase by a manufacturer or producer of any material or component at less than the foreign market value of such material or component which is incorporated into the merchandise under investigation and which has been the subject of a previous antidumping investigation. Sets forth the method of determining the adjustment amounts for determining foreign market value, sales at less than the cost of production, and the constructed value of components and materials. Includes subsidies provided under the authority of a statute, regulation, policy, or practice of a customs union within the definition of upstream subsidies. Creates a presumption of competitive benefit if: (1) a countervailing duty order is in effect with respect to an input product or an input product is subject to an import restriction agreement; (2) a subsidy continues to be paid on such input product after the countervailing duty order was issued or after the agreement took effect; and (3) the administering authority determines that an increase in imports of merchandise under a countervaling duty investigation has occurred. Requires (currently authorizes) the administering authority and the ITC to make confidential information submitted to an antidumping or countervailing duty investigation available upon receipt of a request which describes in general terms (currently with particularity) the type of information sought and the reasons for the request, unless the person who submitted such information establishes that substantial harm to the business operations of such person would result from such disclosure. Sets forth additional limits on disclosure of such information, including a time limit on making the determination of whether to disclose information. Title II: Relief from Injury Caused by Import Competition - Transfers from the President to the Administering Authority the authority to take certain actions following import relief investigations by the ITC. Authorizes a petition for import relief to include within its statement of reasons for requesting import relief the desire to facilitate the orderly transfer of resources to enhance competitiveness. Changes the scope of the ITC's import relief investigation to include determining whether an article is being imported into the United States in such increased quantities as to be a cause (currently substantial cause) of serious injury or threat of serious injury to any domestic industry that produces an article like or directly competitive with the imported article or that produces materials, parts, components, or subassemblies irrevocably destined for incorporation in an article like or directly competitive with the imported article. Changes one of the factors that must be considered in making such determination with respect to serious injury in order to cover the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. (Current law refers to the inability of firms to operate at a reasonable profit.) Changes the factors that must be considered in making such determination with respect to the threat of serious injury in order to cover: (1) a decline in sales or market share in the domestic industry; (2) a higher and growing inventory in the domestic industry; (3) a downward trend in production, profits, wages, or employment (or increasing underemployment) in the domestic industry; (4) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any class or kind of merchandise and that causes or threatens to cause serious injury to the domestic industry; (5) the extent to which the U.S. market is the focal point for diversion of exports of the article concerned because of restraints on exports of such article to, or imports of such articles into, third country markets; (6) in the case of an industry that has developed an industry assessment and competitiveness strategy, the inability of producers in the domestic industry to generate adequate capital to finance the modernization of plant and equipment or to otherwise enhance competitiveness. Requires (currently authorizes) the ITC to make certain determinations with respect to determining the domestic industry producing an article like or directly competitive with an imported article. Defines "cause" for purposes of determining whether imports are a cause of injury to mean a cause which is important. Declares that a cause may be important even though other causes are of equal or greater importance. Requires the ITC, if it finds that serious injury or the threat of serious injury exists for a domestic industry, to: (1) find the amount of the increase in, or imposition of, any duty or import restriction necessary to prevent or remedy such injury; and (currently or) (2) if it determines that adjustment assistance can assist in remedying such injury, recommend the provision of such assistance. Directs the Administering Authority, if during an important relief investigation it finds that critical circumstances exist, to impose provisional measures (increase in tariff, tariff-rate quotas, quantitative restrictions, orderly marketing agreements or a combination of such actions). Requires such measures to remain in effect until the later of the date: (1) on which the President revokes such measures; (2) on which the ITC makes a negative determination of injury; or (3) which is 60 days after the date on which the ITC makes an affirmative determination of injury. Declares that critical circumstances exist if a significant increase in imports over a short time has led to circumstances in which delay in relief would cause damage that would be difficult to repair. Requires the ITC, if it finds that serious injury has resulted from imports, to determine: (1) whether trade in the article concerned has been affected by coordinated government actions that are bestowed on a specific enterprise, industry, or group and that assist the beneficiary in becoming more competitive in exporting a class or kind of merchandise; and (2) the extent to which the U.S. market is the focal point for diversion of exports of such article because of restraints on exports of such article to, or on imports of such article into, third country markets. Directs the Administering Authority, if it determines to provide import relief and the ITC has found that trade in the article has been affected by such coordinated government actions, to consult and negotiate with other countries that produce or consume such article to seek the establishment of a multilateral framework to maintain and develop fair, equitable, and nondisruptive patterns of trade in such article. Directs the Administering Authority, after the ITC begins an import relief investigation based on a petition, to establish, upon request, an industry advisory group. Requires such advisory group to prepare for the industry concerned an assessment of current problems and a strategy to enhance competitiveness. Directs the Administering Authority to try to obtain, on a confidential basis, information from the individual members of such advisory group on: (1) how such members intend to act upon the recommendations in such assessment and strategy; and (2) any other actions such members intend to take which will foster the objectives of the strategy. Requires the Administering Authority, the ITC, the Secretary of Labor, and the Secretary of Commerce to consider such assessment and strategy in making any import relief determination or taking any import relief actions. Requires the Administering Authority, if it determines to provide import relief and if an industry assessment and competitiveness strategy was submitted to the Administering Authority, to publish notice of the availability of, and a summary of, such assessment and strategy. Requires a review committee, if such summary is published, to: (1) monitor actions taken by the petitioners to improve the competitive position of the industry; (2) make recommendations for administrative action; and (3) submit recommended legislation to the Congress. Requires the review committee to consult with the advisory group members if the review committee determines that the firms or workers are not implementing or are implementing unsatisfactorily: (1) the recommended objectives and actions in the industry assessment and competitiveness strategy; or (2) the actions declared in the confidential information obtained by the advisory group. Requires the Administering Authority to request the ITC to issue a report on the probable economic effect on the industry of import relief if, after consultations with the advisory group members, the review committee determines that the failure to implement or failure to implement satisfactorily such actions is not justified by changed circumstances and has adversely affected overall implementation of the objectives of the industry assessment and competitiveness strategy. Requires the Administering Authority, if it decides to provide import relief, to consult with petitioners and representatives of workers and firms in the affected industry on the advisability and desirability of taking appropriate action under countervailing or antidumping duty provisions of the Tariff Act of 1930 or under title III of the Trade Act of 1974 if the Administering Authority has reason to believe that a foreign government or firm is engaged in any action or practice for which such relief is available. Title III: Relief from Injurious Industrial Targeting and Unfair Trade Practices - Provides that injurious industrial targeting may trigger import relief actions. Defines injurious industrial targeting to mean any combination of coordinated government actions: (1) which are bestowed on a specific enterprise, industry, or group thereof; (2) which assist such enterprise, industry, or group to become more competitive in the export of any class or kind of merchandise; and (3) which cause or threaten to cause material injury. Transfers from the President to the Administering Authority the authority to take certain actions to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Authorizes the Administering Authority to: (1) suspend, withdraw, or prevent application of the benefit of trade agreement concessions with the foreign country or instrumentality involved; (2) direct customs officers to assess duties or impose other import restrictions on the products of such country or instrumentality or to assess fees or impose restrictions on the services of such country or instrumentality for such time in such amount, and to such degree as the Administering Authority deems appropriate; (3) negotiate agreements to offset the burden or restrictions on U.S. commerce; (4) submit proposed administrative actions and legislation to implement any other government action which would restore or improve the international competitive position of the injured or threatened industry; (5) recommend to the President action respecting service sector authorization; or (6) any combination of such actions. Transfers to the Administering Authority from the President the authority to impose certain limits on service sector access authorizations (authorizations that permit a foreign supplier of services access to the U.S. market). Deletes the provision authorizing the President to take action to enforce U.S. trade rights even though no petition for relief has been filed. Directs the Administering Authority to consult with representatives of domestic firms and workers that may be affected by any import relief investigation which is initiated by petition filed with the Administering Authority regarding any determination which is required to be made by the Administering Authority. Directs the Administering Authority, upon written request, to make confidential business information obtained by it in connection with an import relief investigation available under a protective order. Prohibits release of information classified for national security reasons. Requires the Administering Authority to act upon requests for such information within ten days of the request. Requires the Administering Authority, in conducting an import relief investigation initiated by petition to the Administering Authority, to present detailed questionnaires to the foreign government or enterprise involved in order to obtain information concerning the allegations in the petition. Directs the Administering Authority to verify any such information which the Administering Authority relied upon in making any determinations. Provides for relying on the best information available, which may be the information contained in the petition, if the foreign government fails to provide information or provides insufficient or unsatisfactory information. Requires the Administering Authority to make a preliminary determination within five months of the start of such an import relief investigation on whether there is reason to believe that import relief is warranted. Authorizes the Administering Authority to take certain actions based on the preliminary finding. Requires the final determination to be made within 11 months of the start of the investigation. Requires the Administering Authority to determine what actions to take if the final determination is that import relief is warranted, except that specific actions are required if injurious industrial targeting is found to exist. Requires the Administering Authority to consult with the petitioner and representatives of the affected domestic firms and workers if the final determination is affirmative. Requires the Administering Authority to report to the Congress if the final determination is affirmative and the Administering Authority declines to take any action. Terminates any preliminary import relief if the final determination is negative. Requires publication in the Federal Register of such preliminary and final determinations. Requires the Administering Authority, if it makes a preliminary finding that injurious industrial targeting exists, to: (1) establish an advisory committee; and (2) formulate, in consultation with such advisory committee, proposals which would restore or improve the competitive position of affected domestic industries. Requires the Administering Authority to notify the ITC when it initiates an investigation of injurious industrial targeting. Requires the ITC to make a preliminary determination within 60 days of receiving such notice of whether there is a reasonable indication that because of sales or likely sales of the merchandise which is the subject of the investigation: (1) an industry in the United States is materially injured or is threatened with material injury; or (2) the establishment or growth of an industry in the United States is materially retarded. Requires the ITC to make a final determination of whether such circumstances exist by: (1) 45 days after the affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is affirmative; or (2) 75 days after an affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is negative. Makes the ITC's determination subject to review by the U.S. Court of International Trade if such determination was made under the countervailing or antidumping duty provisions of the Tariff Act of 1930. Defines material injury and threat of material injury. Requires the Administering Authority, pending conclusion of the investigation, to take at least one of several provisional actions in order to prevent further injury or threat of injury from injurious industrial targeting. Requires the Administering Authority, after a final determination of injury has been made, to take at least one of several actions to fully offset the material injury or threat of material injury from injurious industrial targeting. Directs the Administering Authority to submit to the President any proposed administrative action and any proposed legislation to restore or improve the competitive position of the injured industry if the preliminary and final determinations are that injurious industrial targeting has occurred. Provides for expedited consideration of such legislation. Requires the Administering Authority to report to the Congress on the actions the Administering Authority will take to offset the material injury or threat of material injury from the injurious industrial targeting. Authorizes the Administering Authority to enter into a settlement agreement with the foreign country or entity involved in lieu of taking other actions if: (1) such agreement completely eliminates the material injury or threat of material injury from the injurious industrial targeting; and (2) such agreement is approved by the petitioner if the investigation began because of a petition. Authorizes the Administering Authority to take actions to compensate a foreign country or entity if the contracting parties to the General Agreement Tariffs and Trade (GATT) disapprove of actions taken in response to injurious industrial targeting. Directs the Administering Authority to consult with the petitioner and the representatives of affected domestic firms and workers if, in the course of an investigation, the Administering Authority has reason to believe that a foreign government engaged in dumping or other actions for which relief is available under specified provisions of the Tariff Act of 1930. Title IV: Negotiating Objectives - Declares that the principal U.S. negotiating objectives shall be to: (1) obtain and preserve maximum access to international markets for U.S. manufactured products; (2) obtain the elimination of foreign barriers to market access; (3) obtain internationally accepted rules to evaluate and respond to the maintenance and operation of government-controlled enterprises that engage in international trade; and (4) establish procedures governing such enterprises.
United States · United States Congress · 18 June 1985
Child Abuse Reporting and Clearinghouse Improvements Act of 1985 - Amends the Public Health Service Act to clarify the intent of certain confidentiality provisions to provide that such provisions do not supersede any State or local reporting requirements of suspected child abuse. Modifies the classification system used by the Identification Division of the Federal Bureau of Investigation to include a category for statistics for offenses involving child abuse (including sexual abuse). Requires the Attorney General to report to the Congress within 90 days on whether such modification has been made, or, if not, when it will be made. Amends the Child Abuse Prevention and Treatment Act to require the National Center on Child Abuse and Neglect in coordination with the Department of Justice to compile, analyze, publish, and disseminate to each State information on effective programs in the prosecution of child sexual abuse cases. Directs the Center to develop model training materials for law enforcement, legal, judicial, and child welfare personnel to deal with child sexual abuse victims and to support research projects to identify improvements in the investigation and prosecution of child sexual abuse cases.
United States · United States Congress · 18 June 1985
(Report filed by Senate Committee on Commerce, Science, and Transportation, S. Rept. 99-113) Amends the Federal criminal code to make it a criminal offense for the unauthorized disclosure of classified secret information for profit to any foreign government (or faction therein) with the intent to injure the United States or for the advantage of a foreign nation. Authorizes the death penalty if such disclosure severely jeopardizes the national security of the United States. Requires a separate sentencing hearing before a jury or the court (upon motion by the defendant) when the defendant is found guilty or pleads guilty to such offense, except when the Government stipulates that one or more mitigating factors exist. Requires the jury or the court (if there is no jury) to find that one or more specified mitigating factors exist. States that if such a factor exists the court shall not sentence the defendant to death.
United States · United States Congress · 18 June 1985
Act to Combat International Terrorism - Defines "international terrorism" for purposes of this Act. Defines "state support of international terrorism" as any act of terrorism when committed deliberately by a State by: (1) furnishing arms, explosives, or lethal substances; (2) planning, directing, or training for such an act; (3) providing financial support; (4) providing diplomatic facilities to aid in the commission of such an act; or (5) allowing the use of its territory as a sanctuary from extradition or prosecution. Directs the President to report to the Congress every six months on incidents he determines to be acts of international terrorism. Requires the President to report within 30 days of an occurrence of terrorism if it involves citizens, property, or significant interests of the United States. Requires the report to include: (1) a description of the incident and identity of the individual, group or organization involved in the incident; (2) the identity of any government providing support; (3) a description of the actions of any government assisting in bringing about a positive termination of the incident; and (4) a description of U.S. response to the incident. Directs the President, every six months, to submit a list of states supporting international terrorism to the Congress with reasons for such determinations. Provides that with respect to any listed state the President: (1) shall not provide assistance under the Foreign Assistance Act of 1961; (2) shall not sell any defense articles under the Arms Control Act; and (3) shall follow a certain procedure with regard to applications for licenses under the Arms Export Control Act. Authorizes the President to devise initiatives to combat international terrorist actions and reduce state support for such actions, including: (1) the suspension of air service between the United States and any state supporting international terrorist actions; and (2) appropriate diplomatic measures. Requires the President to promptly and fully inform the Congress on such actions. Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to conduct an assessment and report to the Congress on the effectiveness of security measures at foreign airports. Requires the Secretary to notify the appropriate authorities of a foreign government if the Secretary finds that one of its airports does not maintain and administer effective security measures. Sets forth notification procedures and, in certain circumstances, procedures to suspend service with regard to an airport which fails to bring security measures up to the specified standards. Authorizes the Secretary to provide technical assistance and training to foreign governments in aviation security. Amends the Federal criminal code to define "identification taggant" and "detection taggant." Makes it unlawful for any person to manufacture any explosive material which does not contain an identification taggant and a detection taggant. Prohibits the resale or disposal of any explosive material sold as surplus by a military, naval, or other agency of the United States which does not contain such identification or detection taggants. Allows the Secretary of the Treasury, under certain conditions, to delay the requirements with regard to detection and identification taggants. Exempts explosive material used by the Department of Defense or for national security from such identification requirements. Amends the Federal criminal code with regard to the destruction of aircraft facilities. Prohibits any act of violence against an individual on board a foreign aircraft while such aircraft is in flight. Makes it an offense to cause damage to (or place explosive devices or substances on) a foreign aircraft which renders it incapable of flight or is likely to endanger that aircraft's safety in flight. Amends the Federal Aviation Act of 1958 to extend the "special aircraft jurisdiction of the United States" to any violator of the Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation as long as the aircraft involved lands in the United States with an alleged offender still on board. Makes it a Federal criminal offense to convey any threats with the apparent determination and will to carry out such a threat with regard to the destruction of aircraft, trains, or vessels. Amends the Federal Aviation Act of 1958 to provide civil and criminal penalties for conveying false information with regard to aircraft piracy. Imposes a civil penalty upon any unauthorized person having possession of a concealed weapon while aboard or boarding any aircraft. Urges the President to seek international agreements to assure more effective cooperation in combating terrorism.
United States · United States Congress · 17 June 1985
Older Americans Food Stamp Reform Act of 1985 - Amends the Food Stamp Act of 1977 to permit elderly or disabled food stamp recipients to use food stamps at restaurants (currently limited to private establishments that contract with the State agency and provide concession-price meals). Permits recipients who are unable to purchase and prepare their own meals to be considered as a separate household regardless of the income level of the caretaker family. Allows an elderly or disabled recipient to deduct as a medical expense the excess costs of a physician-advised special diet. Makes supplemental security income and aid to families with dependent children recipients categorically eligible for food stamps. Makes the monthly medical expense threshold the lesser of $35 or five percent of gross income (currently $35 a month). Raises financial resource ceilings from: (1) $1500 to $2250 for nonelderly households; and (2) $3000 to $3500 for elderly households. Authorizes recipients to maintain separate burial funds of up to $1500. Requires (50 percent reimbursed) outreach programs for the elderly and disabled. Provides for food stamp program and application information to be available at Social Security Administration offices.
United States · United States Congress · 13 June 1985
Narcoterrorism Information Rewards Act of 1985 - Authorizes the Attorney General to reward any individual who furnishes information leading to the arrest or conviction of any individual who killed or kidnapped, or conspired to do so, any U.S. officer or employee (or family member) on account of his or her official duty involving drug enforcement. Grants a reward to any individual who furnishes information leading to the prevention or frustration of such a kidnapping or killing. Authorizes the Attorney General to determine the amount of such reward. Allows the Attorney General to protect the identity of a recipient, if necessary. Authorizes appropriations.
United States · United States Congress · 13 June 1985
Amends the National Labor Relations Act to permit specified types of employers in the performing arts, excluding employers in the broadcasting or motion picture industries, to: (1) agree with a labor organization to make membership in such organization a condition of performing arts employment; and (2) make agreements with a labor organization covering performing artists even if the majority status of the organization has not yet been established. Defines "employer" to include purchasers of musical performance services. Defines "employee" to include independent contractors engaged to perform musical services.
United States · United States Congress · 13 June 1985
Amends the National Labor Relations Act to exclude specified types of employers and performers in the performing arts (including the music and entertainment industry) from coverage under unfair labor practice provisions prohibiting specified contracts or agreements between employers and labor organizations and prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative.
United States · United States Congress · 13 June 1985
Performing Arts Labor Relations Amendments - Amends the National Labor Relations Act to exclude specified types of employers and performers in the performing arts from coverage under unfair labor practice provisions prohibiting specified contracts or agreements between employers and labor organizations and prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative. Permits such employers, excluding employers in the broadcasting or motion picture industries, to: (1) agree with a labor organization to make membership in such organization a condition of performing arts employment; and (2) make agreements with a labor organization covering performing artists even if the majority status of the organization has not yet been established. Defines "employer" to include purchasers of musical performance services. Defines "employee" to include independent contractors engaged to perform musical services.
United States · United States Congress · 13 June 1985
Amends the Internal Revenue Code to allow an income tax credit for expenses incurred for radon-reduction equipment installed in a principal residence. Sets the amount of such credit at 40 percent of such expenditures. Limits to $2,000 the amount of such expenditures which may be taken into account.
United States · United States Congress · 13 June 1985
Amends the Internal Revenue Code to allow an energy investment tax credit of ten percent for equipment used for conversions to coal fuel and five percent for coal mining equipment. Terminates both credits after 1993. Allows a 12-month amortization period for pollution control facilities used in connection with a plant that uses coal as a principal fuel. (Present law allows such amortization over a five-year period.) Increases the income tax credit for increasing research activities from 25 percent to 50 percent for activities relating to coal mining or burning and to controlling pollutants caused by the burning of coal. Amends the Powerplant and Industrial Fuel Use Act of 1978 to require each executive agency to survey its electric powerplants and major fuel-burning installations in order to identify those which could result in substantial savings if converted to coal. Requires each executive agency to submit to the Office of Management and Budget an annual plan for the conversion of electric powerplants and major fuel-burning installations to coal. Repeals the 15 percent reduction in the depletion allowance for coal and iron ore.
United States · United States Congress · 13 June 1985
Expresses the sense of the Congress that procurement of the new U.S. weather radar system, NEXRAD, continue on schedule and according to the established minimum requirements agreed to by the National Weather Service, the Federal Aviation Administration, and the Department of Defense.
United States · United States Congress · 12 June 1985
Fair Insurance Coverage Act - Prohibits any insurer from discriminating in an insurance contract against any person because of blindness. Includes within the prohibition refusing to make or negotiate a contract for insurance or giving different treatment with respect to terms, conditions, rates, or benefits because of blindness. Establishes a preference for State actions prior to judicial enforcement under this Act. Authorizes any aggrieved person, in the absence of State actions or jurisdiction, to bring an action under this Act for individual relief. Authorizes the Attorney General of the United States to bring an action for injunctive relief whenever there is reasonable cause to believe a person is engaged in a pattern or practice of discrimination or when an individual is aggrieved and an issue of general public importance is raised. Grants the Federal district courts jurisdiction of such actions regardless of the amount in controversy. Allows a court to order monetary, equitable, or other appropriate relief, including punitive damages.
United States · United States Congress · 12 June 1985
Extends the House of Representatives' greetings and best wishes for a successful meeting to the 12th World Festival of Youth and Students to be held in Moscow from July 27 to August 3, 1985.
United States · United States Congress · 11 June 1985
Older Workers' Employment Protection Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to require pension plans to allow: (1) participation by employees nearing normal retirement age; and (2) benefit accrual by participants to continue past normal retirement age. Amends the Age Disgrimination in Employment Act of 1967 to extend its application to employees who have attained age 70.
United States · United States Congress · 10 June 1985
Expresses the sense of the House of Representatives that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 6 June 1985
Plan Termination and Reversion Control Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) to revise provisions relating to terminations of single-employer plans and reversions to employers resulting from such terminations. Prohibits mergers and consolidations of pension plans and transfers of plan assets or liabilities if any act or failure to act in accomplishing the merger, consolidation, or transfer violates the fiduciary duty of the employer under specified provisions (which provide that the assets of a plan shall never inure to the benefit of any employer and shall be held for the exclusive purposes of providing benefits to plan participants and their beneficiaries and defraying reasonable administrative expenses of the plan). Sets forth provisions for fiduciary responsibility: (1) for meeting specified requirements relating to distribution of residual assets upon termination of a single-employer plan; and (2) in connection with related plans following single-employer plan terminations. Makes it unlawful for any individual who is a party in interest, as described under specified provisions, in connection with a single-employer plan to exert undue influence on or cause a material misrepresentation to a plan fiduciary, with the intent to initiate or facilitate a plan termination in order to entrench or otherwise protect the status of such individual. Authorizes the Pension Benefit Guaranty Corporation (the Corporation) to assess a civil penalty against any person who commits such a violation. Limits the maximum amount of such penalty to five percent of the amount of any distribution from the plan to the employer pursuant to specified provisions. Makes such person also personally liable to make good to any aggrieved participant or beneficiary their losses resulting from such violation. Makes liability for any such violation joint and several. Authorizes the Corporation to seek: (1) injunctions against any act or practice constituting such a violation; or (2) other appropriate equitable relief to redress such violations or to enforce such requirements. Places limitations on distributions of residual assets to employers after single-employer plan terminations. Provides that those residual assets of the plan which are attributable to employee contributions shall be equitably distributed to the employees who made such contributions (or their beneficiaries) in accordance with their rate of contributions, in a specified manner. Provides that the remaining residual assets be available for distribution as follows: (1) 50 percent to participants and beneficiaries as compensation for unpaid constructive cost-of-living increases; and (2) 50 percent to participants who are within five years of normal retirement age under the plan. Provides for adjustments to the amounts of residual assets distributable to participants and beneficiaries through: (1) proration of available assets; (2) reallocation of excess available assets; and (3) adjustment to ensure equitable distribution. Provides that, only after all of the above requirements for distribution of residual assets to participants and beneficiaries have been met, any remaining residual assets shall be distributed to the employer if: (1) such distribution does not contravene any applicable Federal or State law; and (2) the plan has, since its establishment, provided explicitly for such a distribution in these circumstances. Gives plans in effect on the date of enactment of this Act 60 days after such date to contain such an explicit provision. Requires such plans to notify in writing each employee or retiree who qualifies as an interested party of the proposed plan amendment incorporating such provision at least 30 days before its adoption. Sets forth a special rule for distributions to employers in cases of transfers of coverage to other plans. Requires that any other residual assets of the plan, which remain after the above requirements for distribution to participants and beneficiaries are met and which are not distributable to employers because of the above requirements, be distributed to participants and beneficiaries in a specified manner. Directs the Corporation to issue regulations for such distributions of residual assets, including provision of consideration of administrative costs to the plan. Authorizes the Corporation to waive any such requirements, individually or by class, upon its determination that such administrative costs reader the distribution impracticable. Provides for increased availability to employers of residual assets upon certification of business necessity. Provides that a plan termination is a business necessity if it meets the requirements of: (1) a special rule for certain terminations incident to the sale of a business for fair value to an unrelated party; or (2) certain distress requirements. Provides that such distress requirements are met if the plan termination meets the conditions set forth in at least one of the following categories: (1) recent funding waivers; (2) liquidation in bankruptcy proceedings; (3) inability to pay debts and continue in business; and (4) unreasonably burdensome pension costs caused by a declining workforce (but not in the case of substantial layoffs). Precludes a business necessity determination: (1) where the primary purpose is to finance corporate take-overs; or (2) in the case of recently established plans, i.e. plans which have not completed five years. Revises ERISA provisions relating to the termination of single-employer plans to require 60 days' advance written notice to the plan participants and their beneficiaries before the plan administrator files a notice with the Corporation that the plan is to be terminated on a proposed date. Revises IRC provisions relating to plan qualification to set forth a five-year disqualification rule for replacement plans where plan termination is not a business necessity. Makes exceptions to such rule for derivative or successor plans which meet certain conditions. Places various limitations on the availability, after various types of employer reversions (i.e. employer acceptance of residual assets of a terminated plan pursuant to various requirements of this Act), of: (1) funding waivers for replacement plans; and (2) extensions of amortization periods for comparable plans. Requires faster funding for replacement plans after employer reversions. Provides that an alternative minimum funding standard is not available while such plans are subject to such faster funding requirement. Revises IRC provisions (relating to excise taxes in connection with qualified pension, etc., plans) to add an excise tax on reversions to employers upon termination of single-employer plans. Requires the employer to pay such tax in the amount of ten percent of the fair market value of the residual assets so distributed to the employer. Revises ERISA requirements relating to employer securities acquired or held by plans. Provides that, by specified dates and under certain conditions, a plan may not hold: (1) any employer security which is not qualifying employer stock; or (2) any qualifying employer stock to the extent that the aggregate fair market value of employer securities held by the plan exceeds five percent (currently ten percent) of the plan's assets. Provides for regulations requiring plans to divest themselves of 50 percent of their holdings of employer securities and employer real property by a specified deadline (in order to comply with the five percent limitation). Defines "qualifying employer stock" as an employer security which: (1) is stock in the employer; (2) does not constitute, and is not acquired subject to, any bond, debenture, note, or certificate or other evidence of indebtedness; and (3) is not subject to any restriction on marketability or voting power applicable by reason of its acquisition by a plan. Directs the Joint Board for the Enrollment of Actuaries to conduct a study of the reasonable actuarial assumptions and methods, for each of the various types of pension plans, which are appropriate for use by enrolled actuaries and others under ERISA and IRC in determining the actuarial status and funding requirements of such plans. Requires the Joint Board, within two years after enactment of this Act, to: (1) complete such study and report, with recommendations, to specified congressional committees; and (2) prescribe by regulation appropriate procedures for determining, for each type of plan, such appropriate actuarial assumptions and methods; and (3) determine such actuarial assumptions and methods for each type of pension plan in accordance with such procedures and publish such assumptions and methods in the Federal Register. Authorizes the Joint Board to: (1) revise by regulation the prescribed procedures; and (2) publish revised reasonable actuarial assumptions and methods for each type of plan. Requires the termination of enrollment of enrolled actuaries if they fail to use such prescribed assumptions and methods. Set forth requirements relating to the voting rights of participants in employee stock ownership plans (ESOPs) to which assets are transferred upon plan termination, under IRC tax qualification requirements and under ERISA transaction rules applicable irrespective of tax qualification status. Allows such transfer of assets only if: (1) the transfer is approved in advance in writing by a majority of the participants in the terminated plan; (2) the assets allocated to each participant are immediately deposited to an account under the ESOP for such participant; and (3) the voting ratio under the ESOP of each participant is not less than the participant's asset ratio under the plan. Makes the amendments made by this Act applicable (except as otherwise provided in this Act) to pension plan terminations with respect to which notices are filed with the Corporation, pursuant to specified ERISA provisions, on or after January 1, 1984. Treats any such notice filed before the date of the enactment of this Act as filed on such date for purposes of specified amendments made by this Act.
United States · United States Congress · 6 June 1985
Older Workers' Pension Rights Protection Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to require pension plans to allow: (1) participation by employees nearing retirement age; and (2) benefit accrual by participants to continue past normal retirement age.
United States · United States Congress · 6 June 1985
Amends the National Labor Relations Act to provide for the following exception under the definition of "supervisor." Prohibits deeming any faculty member or group of faculty members in any educational institution to be managerial or supervisory employees solely because they participate in decisions with respect to courses, curriculum, personnel, budget, or other matters of educational policy.
United States · United States Congress · 6 June 1985
Comprehensive Health Care Improvement Act of 1985 - Title I: Qualified Health Insurance Plans - Part A: Definitions and Standards for Qualified Plans - Sets forth definitions used in this title. Defines a "plan of health coverage" as any plan or combination of plans, including combinations of self-insurance, individual accident and health insurance policies, group accident and health insurance policies, coverage under a nonprofit health service plan, or coverage under a health maintenance organization (HMO) subscriber contract. Directs the Secretary of Health and Human Services to establish standards for qualified plans and procedures for the review and certification of plans of health coverage as qualified plans. Provides that a plan shall be certified as an "A" qualified plan if it meets any applicable State requirements with respect to accident and health insurance plans or nonprofit health service plans, and meets or exceeds the following minimum standards: (1) the minimum benefits for a covered individual are equal to at least 80 percent of the covered expenses in excess of an annual deductible not exceeding $150.00 per person; (2) the coverage includes a limitation of $3,000 per person on total annual out-of-pocket expenses for covered expenses; (3) the coverage is subject to a maximum life-time benefit of not less than $250,000 for covered expenses; and (4) the $3,000 limitation (above) and the $250,000 benefit limit (above) are not subject to change or substitution by use of an actuarially equivalent benefit. States that covered expenses are the usual and customary charges of a physician or chiropractor. Defines covered services as the following services and articles: (1) hospital services; (2) professional services for the diagnosis or treatment of injuries, illnesses, or conditions (other than outpatient mental or dental care) which are rendered by a physician or at a physician's direction; (3) drugs requiring a physician's prescription; (4) services of a nursing home for not more than 120 days a year if the services would qualify as reimbursable services under title XVIII (Medicare) of the Social Security Act; (5) services of a home health agency if the services would qualify as reimbursable services under title XVIII of the Social Security Act; (6) use of radium or other radioactive materials; (7) oxygen; (8) anesthetics; (9) prostheses, other than dental; (10) rental or purchase, as appropriate, of durable medical equipment, but not including eyeglasses and hearing aids; (11) diagnostic X-rays and laboratory tests; (12) oral surgery for partially or completely unerupted impacted teeth, for a tooth root without the extraction of the entire tooth, or for the gums and tissues of the mouth when not performed in connection with the extraction or repair of teeth; (13) services of a physical therapist; (14) transportation provided by a licensed ambulance service to the nearest facility qualified to treat the condition; (15) well baby care; (16) physicians' services for routine checkups and annual physicals when prescribed by a physician; (17) multiphasic screening and other diagnostic testing, within such reasonable limits on the reimbursement required for such services as the Secretary shall prescribe; (18) a second opinion from a physician on all surgical procedures expected to cost a total of $500 or more in physician, laboratory, and hospital fees, but the coverage need not include the repetition of any diagnostic tests for such an opinion; and (19) professional services of a chiropractor. Excludes from coverage: (1) any charge for which benefits are payable under any other type of insurance or compensation; (2) cosmetic surgery; (3) custodial or domiciliary care not qualifying under Medicare; (4) private rooms, except if medically necessary; (5) any part of any charge exceeding the locally prevailing charge; and (6) charges for services rendered by an individual or institution which are not within the individual's or institution's authorized scope of practice. Deems HMOs to be providing an "A" qualified plan. Certifies as a "B" qualified plan a plan which meets the requirements of an "A" plan, except that the annual deductible does not exceed $500 per person. Certifies a plan as a "C" plan if it meets the requirements of an "A" plan, except that the annual deductible does not exceed $1,000 per person. Provides that a plan which provides benefits to persons over age 65 shall be certified as a qualified Medicare supplement plan if it limits annual out-of-pocket expenses to a maximum of $1,000 per person, is designed to complement or supplement Medicare, and provide coverage: (1) of 50 percent of the required Medicare deductibles and copayments; (2) of 80 percent of charges for covered services of an "A" qualified plan not paid under Medicare; and (3) which is not subject to a maximum lifetime benefit of less than $100,000. Directs the Secretary, to the extent feasible, to provide for the review and certification by the insurance commissioner of each State of qualified plans to be offered in the State if the Secretary is provided assurances that such review and certification will comply with the requirements of this Act. States that the sale of plans are in and affect interstate commerce and that in order to properly regulate such sales, it is necessary to regulate such sales in intrastate, as well as interstate, commerce. Requires every plan of health coverage sold to be labelled as "qualified" or "nonqualified" on the front of the policy. Part B: Required Offering of Certain Qualified Plans - Requires each employer employing an average of ten or more employees annually to make available a plan or combination of plans of health coverage which: (1) has been certified as an "A," "B," or supplemental plan; (2) is a qualified convertible plan; and (3) permits coverage of an employee's spouse and children. Defines a "qualified convertible plan" as a plan of health coverage which: (1) permits each enrolled individual to convert the plan to an individual qualified plan without the addition of underwriting restrictions if, for any reason, the individual leaves the group; and (2) permits, in the case of the death of the individual in whose name the contract was issued, other individuals covered under the plan to continue coverage without the addition of underwriting restrictions. Sets forth civil penalties for noncompliance with this part. Excludes from the term "employer," for purposes of this part, a State or any political subdivision of a State. Part C: Offering of Comprehensive Health Insurance and Qualified Medicare Supplement Plans by States - Sets forth definitions used in this part. Amends title XIX (Medicaid) of the Social Security Act to require the establishment and operation of a comprehensive health association in each State and a comprehensive health plan in each State, in accordance with this part of this Act. Defines a "comprehensive health insurance plan" to mean policies of insurance and a contracts of HMO coverage offered by an association through the writing carrier in the State. Defines the "writing carrier" as the insurers and HMOs approved to administer the comprehensive health insurance plan. Provides that each State commission of insurance, consistent with any regulations the Secretary may promulgate: (1) may formulate general policies to advance the purposes of this title; (2) shall supervise the creation of the State comprehensive health association; (3) shall approve the selection of the writing carrier by the association in the State and approve the association's contract with the writing carrier, including the State plan coverage and premiums to be charged; (4) may appoint advisory committees with respect to implementation of this part; (5) shall conduct periodic audits to assure the general accuracy of the financial data submitted by the writing carrier and the association in the State; (6) shall contract with the Federal Government and may contract with any other unit of government to ensure coordination of the State plan of the association with other governmental assistance programs; (7) may undertake, directly or through contracts with other persons, studies or demonstration programs to develop awareness of the benefits provided under this Act, so that residents of the State may best avail themselves of the health care benefits provided hereunder; (8) may contract with insurers and others for administrative services; and (9) may adopt, amend, suspend, and repeal rules as reasonably necessary to carry out and make effective the provisions and purposes of this part. Requires each State to provide for the establishment of a comprehensive health association with membership consisting of all insurers, self-insurers, fraternal beneficiary associations, and HMOs authorized or licensed to do business in the State. Exempts each association from State taxation. Provides for a board of directors of each association. Requires that all members of an association: (1) maintain their membership in the association as a condition of doing accident and health insurance, self-insurance, or HMO business in the State; and (2) enter into a reinsurance contract with the association as required by this part. Exempts members of an association, in the performance of their duties as members, from Federal and State antitrust laws. Authorizes each association to provide for the reinsuring of risks incurred as a result of issuing qualified plans by members of the association. Requires each member which elects to reinsure its risks to determine the categories of coverage it elects to reinsure in the association. Provides that the categories consist of: (1) individual qualified plans, excluding group conversions; (2) group conversions; (3) group qualified plans with fewer than 50 employees or members; and (4) major medical coverage. Requires each association through its comprehensive health insurance plan to offer: (1) policies which provide the benefits of an "A," "B," and "C" qualified plans and of a qualified Medicare supplement plan; and (2) HMO contracts in those areas of the State where an HMO has agreed to make the coverage available and has been selected as a writing carrier. Requires the comprehensive health insurance plan for a State to be open for enrollment by individuals residing in the State, who can enroll by submitting a certificate of eligibility to the writing carrier which certifies the applicant's name, address, age, length of residence, dependents to be insured, and type of coverage desired. Provides that upon certification the individual can enroll in a State's comprehensive health insurance plan by payment of the State plan premium to the writing carrier. Requires each member of an association to share the claims expenses for approved plans and the operating and administrative expenses incurred by the association, pursuant to the terms of the individual reinsurance contracts executed by the association with each member. Sets forth a method to determine each member's share of expenses. Authorizes any member of an association in a State to submit for approval to the State commissioner the policies of accident and health insurance or the HMO contracts which are being proposed to serve in the comprehensive health insurance plan. Authorizes the association to select approved policies and a contract to be the comprehensive health insurance plan based upon the member's proven ability to handle large group accident and health insurance cases, claims paying capacity, and estimate of total charges for plan administration. Requires each writing carrier to: (1) perform all required administrative and claims payment functions; and (2) report monthly to the association and State commissioner. Exempts premiums received by a writing carrier for the comprehensive health insurance plan from State taxation. Requires each association in a State to disseminate information to State residents regarding the existence of the comprehensive health insurance plan and the means of enrollment. Requires each writing carrier to pay an agent's referral fee, in an amount to be determined by the association, to each insurance agent referring an applicant to the State comprehensive health insurance plan, if the application is accepted. Title II: Program of Assistance to States for Assisting Low-Income Individuals to Purchase Comprehensive Health Insurance - Comprehensive Health Insurance Assistance Act of 1983 - Adds a new title XXI to the Social Security Act entitled "Grants to States for Assistance to Low-Income Individuals in the Purchase of Comprehensive Health Insurance." Authorizes appropriations under title XXI to enable each State to provide assistance to low-income individuals in the purchase of comprehensive health insurance under title XXI. Specifies the amount authorized for each fiscal year. Requires the sums made available under this title to be used to make payments to States which have submitted, and had approved by the Secretary, State plans for comprehensive health insurance assistance to low-income individuals. Directs the Secretary to pay each State with an approved plan, from the sums appropriated, an amount equal to 50 percent of the sums expended which are attributable either to assistance under the plan to low-income individuals or to plan administration. Prohibits such amount, during any quarter, from exceeding the product of $1.25 and the State's population. Requires a State plan for comprehensive health insurance assistance to low-income individuals, in order to be approved by the Secretary, to: (1) be in effect in all political subdivisions of the State; (2) provide for financial participation by the State equal to at least 40 percent of the non-Federal share of the expenditures under the plan with respect to which payments that are authorized by title XXI, and provide for financial participation by the State equal to all of such non-Federal share or provide for distribution of funds from Federal or State sources, for carrying out the State plan on an equalization or other basis which will assure that the lack of adequate funds from local sources will not result in a lowering of assistance; (3) provide for the designation of an appropriate State agency to administer the plan; (4) prevent the disclosure of information for purposes not connected with the plan; (5) provide for reports to the Secretary; (6) make assistance available to low-income individuals to purchase plans; (7) establish reasonable standards for determining eligibility for and the extent of assistance; (8) make available the opportunity to apply for assistance to any individual; and (9) grant an opportunity for a fair hearing before a State agency to any individual whose claim for assistance under the plan is denied or not acted upon with reasonable promptness. Prohibits payments to a State if, after notice and opportunity for a hearing, the Secretary finds that a State's plan is not in compliance with the provisions of this Act. Sets forth civil and criminal penalties for false statements, misrepresentations, concealments, and conversions made in connection with the application for, sale of, or receipt of benefits under a plan. Authorizes the Secretary to approve a State's Medicaid plan which provides that, in determining the income and resources of a married couple where one spouse is in a skilled nursing or intermediate care facility, there may be disregarded from income and resources such portion thereof as the State determines. Title III: Program of Assistance to States for Assisting Individuals Who Incur Catastrophic Expenses for Health Care - Catastrophic Health Care Expenses Assistance Act of 1985 - Amends the Social Security Act to add a new title XXII entitled "Grants to States for Assistance to Individuals Incurring Catastrophic Expenses for Health Care." Authorizes appropriations for each fiscal year to enable each State to furnish medical assistance for catastrophic illness. Requires a State to have submitted and have approved by the Secretary a plan for medical assistance for catastrophic illness. Directs the Secretary to pay each State with an approved plan, from the sums appropriated, an amount equal to 50 percent of the sums expended which are attributable either to payments made under the plan to eligible individuals or to plan administration. Prohibits such amount, during any quarter, from exceeding the product of $0.25 and the States' population. Prohibits payment with respect to expenses: (1) if the charges on which the expenses are based are not reasonable; (2) for inpatient hospital services if the charge exceeds the hospital's customary charge; (3) for health services which were not medically necessary; (4) for services provided by a provider not in compliance with appropriate regulations; (5) for services provided by a hospital or skilled nursing facility if the appropriate utilization review plan is not in effect; or (6) for which a private insurer would be obligated but for a provision in its contract which limits its obligation if an individual is covered under this title. Declares that a State plan for medical assistance for catastrophic illness, in order to be approved by the Secretary, shall: (1) be in effect in all political subdivisions of the State; (2) provide for financial participation by the State equal to at least 40 percent of the non-Federal share of the expenditures under the plan with respect to authorized payments under title XXII, and provide for financial participation by the State equal to all of such non-Federal share or provide for distribution of funds from Federal or State sources, for carrying out the State plan on an equalization or other basis which will assure that the lack of adequate funds from local sources will not result in a lowering of assistance; (3) provide for the designation of an appropriate State agency to administer the plan; (4) prevent the disclosure of information for purposes not connected with the plan; (5) provide for reports to the Secretary; (6) provide for paying at least 90 percent of all qualified expenses annually of an eligible individual and the individual's dependents in excess of the greater of $2,500 (or a lower amount which the State may establish) or the sum of 30 percent of household income under $15,000, plus 40 percent of household income between $15,000 and $25,000, plus 50 percent of household income in excess of $25,000 (or such lower respective percentages, or such higher incomes, as the State may establish); (7) provide for paying 100 percent of all qualified nursing home expenses of an eligible individual and the individual's dependents in excess of 20 percent of household income (or such lower percentage as the State may establish); (8) prohibit charging any premiums, copayments, or deductibles, except as provided above; (9) provide safeguards against excessive charges and the unnecessary utilization of services; (10) establish reasonable standards for determining eligibility for and the extent of assistance; (11) make available the opportunity to apply for assistance to any individual; (12) grant an opportunity to apply before a State agency to any individual whose claim for assistance under the plan is denied or not acted upon with reasonable promptness; (13) seek reimbursement from any legally liable third party; and (14) provide that payment for services shall be made only to providers and beneficiaries. Prohibits payments to a State if, after notice and opportunity for a hearing, the Secretary finds that a State's plan is not in compliance with the provisions of this Act. Sets forth definitions used in this title. Defines an "eligible individual" as an individual who incurs an obligation to pay in a consecutive 12-month period: (1) expenses (including dependent's expenses) exceeding the greater of $2,500 (or such lower amount as the State may establish) or 30 percent of household income up to $15,000, plus 40 percent of household income between $15,000 and $25,000, plus 50 percent of household income in excess of $25,000 (or such lower respective percentages of such incomes, or of such higher incomes as the State may establish); or (2) nursing home expenses exceeding 20 percent (or such lower percentage as the State may establish) of household income. Sets forth civil and criminal penalties for false statements, misrepresentations, concealments, and conversions made in connection with the application for or right to the assistance provided under this title.
United States · United States Congress · 6 June 1985
Catastrophic Health Care Expenses Assistance Act of 1985 - Adds a new title to the Social Security Act, "Title XXI: Grants to States for Assistance to Individuals Incurring Catastrophic Expenses for Health Care." Authorizes appropriations to enable States to furnish medical assistance for catastrophic illness under such title. Requires a State plan to: (1) be in effect in all State political subdivisions; and (2) provide for financial participation by the State equal to not less than 40 percent of the non-Federal share of expenditures under the plan with respect to which payments are authorized, and provide for financial participation by the State equal to all of such non-Federal share or provide for distribution of funds from Federal or State sources, for carrying out the State plan, on an equalization basis which will assure that the lack of adequate funds from local sources will not result in lowering the assistance available under the Act. Requires a State plan to provide for paying: (1) at least 90 percent of all qualified expenses of an eligible individual and the eligible individual's dependents in excess of the greater of $2,500 or the sum of 30 percent of household income under $15,000, plus 40 percent of household income between $15,000 and $25,000, plus 50 percent of household income in excess of $25,000 (or such lower respective percentages of such incomes, or of such higher incomes, as the State may establish); and (2) 100 percent of all qualified nursing home expenses in excess of 20 percent (or such lower percentage as the State may establish of household income). Prohibits a State plan from charging any premium, copayments, or deductibles, except as provided in the previous sentence. Requires a plan to provide such methods and procedures relating to the use of, and the payment for, services for which assistance is available under the plan as may be necessary to safeguard against unnecessary use of such services and to assure that payments are not in excess of reasonable charges consistent with efficiency, economy, and quality of care. Directs the Secretary of Health and Human Services to pay to a State with an approved plan 75 percent of such sums as are attributable either to payments made to eligible individuals or expenses found by the Secretary to be necessary for the administration of the plan. Prohibits amounts paid to a State from exceeding the product of two dollars and the State's population. Prohibits payments to a State for expenses if: (1) the charges on which the expenses are based are not reasonable; (2) the expenses exceed the hospital's customary charges; (3) incurred for services not medically necessary; (4) the expenses are for services provided by a provider excluded from Medicare or Medicaid participation (titles XVIII and XIX of the Social Security Act); (5) the expenses are for services provided by a hospital or skilled nursing facility not having a utilization review plan meeting the requirements of title XVIII; or (6) the expenses are for services for which a private insurer would have been obligated but for a provision in its contract excluding payment because an individual is eligible under this Act. Prohibits payments to a State not in compliance with the provisions of this Act. Defines an "eligible individual" as any resident of a State who has incurred in any consecutive twelve month period: (1) qualified expenses exceeding the greater of $2,500 or 30 percent of household income up to $15,000, plus 40 percent of household income between $15,000 and $25,000, plus 50 percent of household income in excess of $25,000 (or such lower respective percentages of such incomes, or of such higher incomes, as the State may establish); or (2) qualified nursing home expenses exceeding 20 percent (or such lower percentage as the State may establish) of household income. Defines a "qualified expense" as a charge which is a covered expense and for which no third party is liable. Lists 19 "covered services" which include: hospital services, physicians' services (including routine check-ups and an annual physical), chiropractic services, prescription drugs, physical therapy, ambulance service, well baby care, certain dental care, and certain diagnostic tests. Excludes from coverage: (1) cosmetic surgery; (2) custodial care not qualifying under title XVIII; and (3) private hospital rooms. Defines "dependents," "household income," and "qualified nursing home expense." Sets forth penalties for misrepresentations, fraud, false statements, and concealments made in connection with the provision of services under this Act.
United States · United States Congress · 6 June 1985
Amends the Federal criminal code to make it an offense for any person while voluntarily intoxicated to kill another as the result of driving while intoxicated. Imposes a term of imprisonment for not less than six nor more than 15 years.
United States · United States Congress · 5 June 1985
Amends the Fair Labor Standards Act of 1938 to direct the Secretary of Labor, in order to prevent curtailment of employment opportunities, to provide special certificates for the employment, at less than the minimum wage, of individuals (including those employed in agriculture) whose earning or productive capacity is impaired by age, physical or mental deficiency, or injury. Requires that, under such certificates, individuals be paid wages which are: (1) lower than the applicable minimum wage; (2) commensurate with those paid to similarly located and employed nonhandicapped workers; and (3) related to the individual's productivity.
United States · United States Congress · 5 June 1985
Designates the period of October 1, 1985, through September 30, 1986, as the time to reflect on the achievements of the Peace Corps during its 25 years and on ways such programs might be used in the future. Authorizes and requests the President to proclaim this period as a time to honor Peace Corps volunteers and reaffirm the Nation's commitment to such programs.
United States · United States Congress · 5 June 1985
Declares that Aleksandr Shatravka should be released from imprisonment by the Soviet Union and should be accorded his full rights under international law, including freedom of the workplace and freedom of travel. Urges the Secretary of State to raise this case at appropriate world forums, including the U.N. General Assembly and review meetings of the Conference on Security and Cooperation in Europe.
United States · United States Congress · 5 June 1985
Fair Employment Relations Resolution - Title I: Amendments to House Rules - Amends rules XI and XLIII of the Rules of the House of Representatives to prohibit discrimination against the handicapped in the hiring or discharge of House employees. Title II: Fair Employment Relations Board - Establishes the House Fair Employment Relations Board to: (1) make policies and guidelines for the implementation and enforcement of such rules; (2) supervise the operation of the House Fair Employment Relations Office; and (3) hear and determine complaints alleging violations of such rules. Title III: House Fair Employment Relations Office - Establishes the House Fair Employment Relations Office, headed by a Director (appointed by the Board), to: (1) develop procedures to implement the policies and guidelines of the Board; and (2) report to the House on information maintained on each category of individuals afforded equal employment opportunity by such rules. Directs the Office to utilize such information to identify discriminatory wage-setting practices. Requires the Office, upon request, to recommend to House committees improvements in their employment practices. Directs the Office to report to the House, by January 3, 1985, on the continuation or improvement of the procedures for settling complaints. Title IV: Complaints of Violations of Equal Employment Opportunity - Sets forth procedures for individuals who allege discrimination in violation of rules XLIII or XI, including counseling and conciliation, formal complaints and hearings, and appeals to the Committee on Standards of Official Conduct. Title V: General Provisions - Requires the cooperation of committees and offices with the Board, the Office, and the Committee on Standards of Official Conduct.
United States · United States Congress · 4 June 1985
Medical Malpractice Reform Act of 1985 - Establishes within the Department of Justice a program to fund State medical malpractice programs. Requires States to establish medical malpractice screening panels (Panels) to receive such funding. Grants such Panels original and exclusive jurisdiction to hear all claims of medical malpractice which are not against the United States. Sets forth the powers of such Panels. Provides rules governing Panel decisions. Requires Panel decisions to be made within 30 days after a hearing. Empowers the Panel to determine the amount of damages owed to the claimant by each liable defendant and enter an order against such defendants. Directs States to provide judicial enforcement of such award if not paid promptly. Limits any court proceeding to enforce an order to pay an award to the issue of whether such payment was made according to the terms of the order. Directs each State to permit recovery for noneconomic losses. Limits recovery for such losses to $250,000. Specifies damage award payment methods. Permits any party to appeal the decision of the Panel to a State court of appropriate jurisdiction within 60 days. Entitles the appellant to a trial de novo where such court finds the Panel decision clearly erroneous. Grants such appellant the right to a trial by jury. Requires the Panel or court to transmit to the State insurance commissioner and appropriate licensing body within 30 days a report on: (1) the Panel's or court's findings; and (2) any settlement agreement. Requires the State insurance commissioner to make such reports available for public inspection and to notify each malpractice insurance provider within the State. Allows malpractice insurance providers to adjust their rates for: (1) persons found liable; and (2) persons who entered into three or more settlement agreements that required payments to claimants. Limits attorney's fees. Subjects an attorney who accepts excess payments to civil liability. Directs each State to provide that any member or employee of the Panel shall be immune from suits for defamation, libel, or slander arising from the performance of official duties. Directs the Attorney General to make specified payments to States for: (1) malpractice screening Panels; (2) malpractice studies; and (3) the development of health care facility risk management programs. Directs the Governor of a State receiving such funding to report to the Attorney General on the use of such payments. Provides that decisions of the Attorney General regarding compliance with the requirements of this Act and the allocation and repayment of funds shall be final and not subject to judicial review. Authorizes appropriations beginning in FY 1986.
United States · United States Congress · 4 June 1985
Improved Standards for Laboratory Animals Act - Amends the Animal Welfare Act to revise the humane standards for animals transported in commerce. Requires the Secretary of Agriculture to promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and exhibitors. Requires each research facility to establish an institutional animal study committee with sufficient expertise to assess the appropriateness of animal care and treatment in experimental research. Requires the committee at each facility to: (1) inspect at least semiannually all animal study areas and animal areas and animal facilities at the research facility; (2) file an inspection certification report of each inspection at the research facility; (3) notify the administrative representative of the research facility of any deficiencies; and (4) notify the Animal and Plant Health Inspection Service and the funding Federal agency if such deficiencies remain uncorrected. Requires each research facility to provide for annual training in the humane treatment of animals for scientists, animal technicians, and other personnel involved with animal care and treatment in such facility. Directs the Secretary to establish an information service at the National Agricultural library to provide information on improved methods of animal experimentation, including: (1) employee training; (2) preventing unnecessary duplication of animal experimentation; (3) reducing or replacing animal use; and (4) minimizing pain and distress. Requires funding Federal agencies to revoke Federal support for a project if it is determined that conditions of animal care, treatment, or practice in a particular project have not been in compliance with standards promulgated under this Act. Requires the Secretary to inspect each research facility at least once each year. Requires such follow-up inspections as may be necessary until all deficiencies which may be found are corrected. Imposes penalties for the release of any confidential information or trade secrets by any member of an institutional animal committee. Increases penalties for violations of the Animal Welfare Act.
United States · United States Congress · 4 June 1985
Alcoholic Beverage Labeling Act Amendment - Amends the Federal Food, Drug, and Cosmetic Act to require a beverage consisting of more than 24 percent alcohol by volume to have specified health and legal purchase age warnings on its label or in its advertising. States that such requirement: (1) shall not preclude any additional State requirements; and (2) shall not apply to a beverage if other comparable Federal law is in effect.
United States · United States Congress · 4 June 1985
Designates August 14, 1985, as Social Security Day and the week of August 11 through August 17, 1985, as Social Security Week. Authorizes and requests the President to commemorate August 14, 1985, as the 50th anniversary of the Social Security Act.
United States · United States Congress · 4 June 1985
Expresses the sense of the House of Representatives that no tax reforms or revisions should be enacted that reduce or limit current tax benefits to employers or employees for employee health care, life insurance, education assistance, group legal services, unemployment insurance and compensation, workers' compensation and disability programs, and pension benefits. Declares that the House reaffirms its commitment to provide vital life support programs through tax exemptions.
United States · United States Congress · 4 June 1985
Establishes in the House of Representatives the Select Committee on the Select Committee on Defense Procurement whose function shall be to: (1) conduct a continuing investigation of defense procurement policy and procedures; (2) review any recommendations made relating to programs or policies affecting defense procurement; and (3) recommend to appropriate House committees legislation or other action deemed necessary or appropriate with respect to such programs and policies.
United States · United States Congress · 23 May 1985
Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance for economic relief and rehabilitation for Northern Ireland and the Republic of Ireland if specified conditions are met. Authorizes such assistance for Northern Ireland if: (1) at least 30 days before the funds are obligated the Administrator of the Agency for International Development (AID) reports to the Congress on plans for the use and disbursement of the funds and the Congress does not object to such plans within 30 days; (2) Great Britain commits itself to discussions aimed at achieving a political solution with all parties in the Republic of Ireland and Northern Ireland; and (3) Great Britain declares its intention to withdraw from Northern Ireland. Authorizes assistance for the Republic of Ireland if all the above conditions for aid to Northern Ireland are met and Great Britain includes in its declaration of withdrawal from Northern Ireland its intention to seek or promote reunification of Northern Ireland with the Republic of Ireland. Authorizes appropriations for such purpose for FY 1986 through 1990. Provides for the establishment of an advisory board that will assist the Administrator of AID in administering such assistance. Expresses the sense of the Congress that the European Economic Community should also provide economic assistance to Northern Ireland once a political solution is developed.
United States · United States Congress · 23 May 1985
College Athlete Education and Protection Act of 1985 - Amends the Internal Revenue Code to deny the deduction for a charitable contribution to an institution of higher education for use in the athletic program of such institution or to any other organization for use in supporting the athletic program of such institution unless for the 5-calendar-year period ending with the calendar year preceding the calendar year in which the contribution is made at least 75 percent of the scholarship athletes ceasing to be students at such school during such period receive a bachelor's degree after the completion of not more than five academic years.
United States · United States Congress · 23 May 1985
Haym Salomon Memorial Act of 1985 - Authorizes the American Jewish Patriots and Friends of Haym Salomon to place in the Capitol Building or on the Capitol Grounds a statue of Haym Salomon, a revolutionary war patriot of Polish and Jewish background. Authorizes such organization to also erect a monument to Haym Salomon on Federal land in the District of Columbia. Subjects the selected site, design, and plans for the memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission.
United States · United States Congress · 23 May 1985
Deplores and condemns the murder of Major Arthur D. Nicholson, Jr., and calls on the Soviet Union to apologize for his murder and to indemnify his family. Calls on the President to rename Checkpoint Charlie in honor of Major Nicholson.
United States · United States Congress · 22 May 1985
Authorizes the President, on behalf of the Congress, to present gold medals to Jan Scruggs, Robert Doubek, and Jack Wheeler, in recognition of their tireless efforts to give the Vietnam Veterans Memorial to the Nation. Directs the Secretary of the Treasury to sell bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 22 May 1985
Young Astronaut Program Medal Act - Commemorates the Young Astronaut Program by directing the Secretary of the Treasury to strike and deliver to the Young Astronaut Council no more than 750,000 medals with emblems, devices, and inscriptions determined by the Secretary. Authorizes the Council to dispose of the medals at a premium and to have them delivered as required in quantities of no less than 2,000. Directs that no medals be struck after December 31, 1987. Directs the Secretary to set the price of the medals at no less than the manufacturing cost plus a surcharge of ten percent of such cost. Requires the furnishing of security sufficient to fully indemnify the United States for such costs. Directs that the medals be struck in gold, silver, and bronze and in such size or sizes as determined by the Secretary. Gives the U.S. Comptroller General the right to examine the records of the Council which are related to the medals.
United States · United States Congress · 22 May 1985
Prohibits any person from mining or using any natural resource situated in or originating from Namibia or otherwise removing any natural resource from Namibia without the permission of the United Nations Council for Namibia. Provides for enforcement of such prohibition. Directs the President to try to persuade other governments to adopt restrictions on activities affecting natural resources situated in or originating from Namibia until Namibia has achieved internationally recognized independence. Terminates this Act if: (1) the President certifies that Namibia has achieved internationally recognized independence and that legal authority for Namibia has been transferred from the United Nations Council for Namibia to the lawful government of Namibia; (2) the President submits that certification to the Congress; and (3) a law or joint resolution is enacted approving such certification. Declares that it is U.S. policy that any U.S. person that is sued for damages as provided in a specified United Nations decree relating to the protection of the natural resources of Namibia will receive no aid from the United States in defending against such suit and will receive no compensation from the United States for damages assessed or paid on account of such liability.
![Official portrait of Rep. Kolter, Joseph P. [D-PA-4]](https://www.congress.gov/img/member/k000307_200.jpg)