A joint resolution to designate July 13, 1985, as "Live Aid Day".
United States · United States Congress · 25 June 1985
Designates July 13, 1985, as Live Aid Day.
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United States · United States Congress · 25 June 1985
Designates July 13, 1985, as Live Aid Day.
United States · United States Congress · 21 June 1985
School Excellence and Reform Act - Authorizes appropriations for FY 1987 through 1991 to make payments for programs of: (1) general improvement and excellence in education; and (2) reform and equity in education. Sets forth (after reserving specified amounts for certain U.S. territories and possessions) formulas for State and local allocation of payments for general improvement and excellence in education. Provides, under such local allocation formula, for certain increases in the amount of such payments on the basis of numbers of children eligible to be counted for purposes of special needs funding under specified provisions of subpart 1 (Basic Grants), part A (Programs Operated by Local Educational Agencies) of title I (Financial Assistance to Meet Special Educational Needs of Children) of the Elementary and Secondary Education Act of 1965 (ESEA). Sets forth (after reserving specified amounts for payments to certain U.S. territories and possessions) formulas for State and local allocation for reform and equity in education. Provides, under such State allocation formula, for certain increases in payments based on numbers of children eligible to be counted under the aforementioned ESEA provisions for special educational needs funding. Authorizes the State educational agency to establish the relative weights of factors under such local allocation formula, but requires that such formula be composed of only the following factors: (1) the number of children aged five to 17, inclusive, who are eligible to be counted under the aforementioned ESEA provisions for special educational needs funding; (2) the graduation rate; (3) the absentee rate; and (4) the number of low-achieving students. Permits those general improvement and excellence funds which are allocated to local educational agencies to be used for: (1) pursuit of general educational excellence and improvement of instruction in mathematics, the sciences, communications skills, foreign languages, and technology; and (2) where necessary, for guidance and counseling. Permits those reform and equity funds which are retained by a State under specified provisions of this Act to be used to administer and carry out categorical programs and projects. Permits those reform and equity funds which are allocated to local educational agencies (LEAs) to be used for the development, expansion, or improvement of any of the following categorical programs and projects: (1) early childhood education; (2) school day care; (3) in-service teacher training; (4) dropout prevention; (5) effective schools; and (6) improvement of secondary schools basic skills instruction. Requires State applications for allocations of general improvement and excellence payments and reform and equity payments for any fiscal year under this Act to: (1) meet specified requirements under the General Education Provisions Act; and (2) in the case of reform and equity payment allocations, describe the intended use of funds to be retained by the State to enhance State reform efforts. Allows a local educational agency, in any fiscal year, to submit a single application for an allocation of general improvement and excellence funds or an allocation of reform and equity funds, or both. Permits two or more local educational agencies that propose to conduct joint programs and projects from funds for general improvement and excellence to file such application as a consortium or other combination. Prohibits a local educational agency from applying for an allocation of reform and equity funds unless the total number of children age five to 17, inclusive, in the schools of such agency who are eligible to be counted under the aforementioned ESEA provisions for special educational needs funding exceeds the lesser of 5,000 or 20 percent of the total enrollment of such schools. Requires local educational agencies, in order to receive either general improvement and excellence or reform and equity allocations, to have on file with the State educational agency an application which includes description of the programs and projects to be funded and a plan for the improvement of the selected educational areas covered by such programs and projects. Requires such local educational agency or consortium applications, or application renewals, to also contain assurances that: (1) the programs and projects are designed and implemented in consultation with the parents and classroom teachers of the children to be served; (2) the funds received under this Act will supplement and not supplant non-Federal funding; and (3) the local educational agency will comply with specified maintenance of effort requirements which the State educational agency must enforce. Requires each local educational agency receiving an allocation under this Act for any fiscal year to submit to the State educational agency evidence of progress in particular areas for which funds were expended or evidence of general improvement in the educational system, such as: (1) reductions in, or maintenance of acceptable levels of, absenteeism, discipline problems, and dropouts at the secondary level; (2) more instructional time; and (3) smaller class size. Authorizes the State educational agency, at the State's discretion, to conduct audits on a sampling basis to verify the accuracy of such submissions. Terminates a local educational agency's eligibility to obtain an allocation under this Act for more than three fiscal years, unless the evidence submitted demonstrates progress as verified by the State. Authorizes the Secretary, from specified amounts reserved from reform and equity funds, to make business involvement matching grants to local educational agencies. Sets the maximum amount of any such grant at 50 percent of the fair market value of any donation by local business concerns to the local educational agency for the conduct of programs and projects under this Act. Allows such donations to be in cash or in kind, and to consist of equipment, the services of business personnel, or training provided to the local educational agency.
United States · United States Congress · 21 June 1985
Expresses the sense of the Congress that proposals to repeal provisions of the Internal Revenue Code which allow taxpayers to make designations of payments to the Presidential Election Campaign Fund should not be enacted.
United States · United States Congress · 20 June 1985
University Research Facilities Revitalization Act of 1985 - Requires each of the major Federal research and development agencies to establish and carry out a new university research laboratory modernization program, under which an amount equal to a specified portion of the funds available to the agency involved for research and development awards to institutions of higher education will be reserved for the replacement or modernization of such institutions' obsolete laboratories and other research facilities. Requires that funds under such program be awarded in response to specific proposals submitted by universities and colleges, in accordance with regulations prescribed by the head of the agency involved. Requires that such regulations provide that funds to carry out the program be awarded on a competitive basis and in an amount not exceeding 50 percent of the cost of the replacement or modernization involved. Sets forth required criteria for the award of such funds. Defines the "major Federal research and development agencies" as: (1) the National Science Foundation; (2) the Department of Health and Human Services; (3) the Department of Defense; (4) the Department of Energy; (5) the National Aeronautics and Space Administration; and (6) the Department of Agriculture. Title I: Identification and Assessment of University and College Research Facility Needs; Funding for the University Research Laboratory Modernization Program in the National Science Foundation - Authorizes the National Science Foundation (NSF) to design, establish, and maintain a data collection and analysis capability to identify and assess the research facilities needs of universities and colleges. Directs NSF, in conjunction with other appropriate Federal agencies, to: (1) conduct biennial surveys for such identification and assessment purposes; and (2) report the results to the Congress, with the first such report to be due on September 1, 1986. Directs the NSF, when conducting such surveys and reporting to the Congress, to also collect and assess data on the implementation of the university research laboratory modernization programs being carried out under this Act. Sets forth provisions for the funding for the university research laboratory modernization program in NSF. (Note: The following provisions are similar to those for such program funding in the other "major Federal research and development agencies" which are set forth in titles II, III, IV, V, and VI of this Act.) Authorizes appropriations for FY 1987 to NSF to implement and carry out the new university research laboratory modernization program. Requires that a specified minimum amount (equal to a portion, as determined by certain formulas, of the total amount which is appropriated to NSF for FY 1988 through 1996 and which is available for obligation by NSF for research and development awards to universities and colleges) be reserved for purposes of this Act and used only to carry out NSF's university research modernization program. Permits such funds to be used for such program either as a part of awards made to universities and colleges involved for activities carried out under the authority of other laws or through separate awards made for purposes of this Act. Requires that such funds be used only on the basis of proposals submitted by such universities and colleges. Requires that a specified minimum portion of such funds be available only for awards to universities and colleges that received less than $10,000,000 in total Federal obligations for research and development in each of the two preceding years. Title II: Funding for the University Research Laboratory Modernization Program in the Department of Health and Human Services - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Health and Human Services. (Note: These provisions are similar to the program funding provisions under title I.) Title III: Funding for the University Research Laboratory Modernization Program in the Department of Defense - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Defense. (Note: These provisions are similar to the program funding provisions under title I.) Title IV: Funding for the University Research Laboratory Modernization Program in the Department of Energy - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Energy. (Note: These provisions are similar to the program funding provisions under title I.) Title V: Funding for the University Research Laboratory Modernization Program in the National Aeronautics and Space Administration - Sets forth provisions for the funding for the university research laboratory modernization program in the National Aeronautics and Space Administration. (Note: these provisions are similar to the program funding provisions under title I.) Title VI; Funding for the University Research Laboratory Modernization Program in the Department of Agriculture - Sets forth provisions for the funding for the university research laboratory modernization program in the Department of Agriculture. (Note: these provisions are similar to the program funding provision under title I.)
United States · United States Congress · 20 June 1985
Amends title XVIII (Medicare) of the Social Security Act to require a skilled nursing facility, the U.S. Soldiers' and Airmen's Home, or the Naval Home, with respect to the personal funds of individuals in such institutions which are held by such institutions, to: (1) provide for a security bond; and (2) conduct itself in accordance with the accountability monitoring system of title XVI (Supplemental Security Income) of such Act.
United States · United States Congress · 20 June 1985
Amends title XIX (Medicaid) of the Social Security Act to: (1) require a State's Medicaid fraud control unit to investigate and prosecute violations stemming from the abuse and neglect of patients in Medicaid funded health care facilities; and (2) provide increased funding for such units with respect to activities relating to the elimination of such fraud and abuse.
United States · United States Congress · 20 June 1985
Designates the week beginning October 6, 1985, as National Sudden Infant Death Syndrome Awareness Week.
United States · United States Congress · 18 June 1985
Amends the Small Business Act to require the President to designate, within 60 days of the enactment of this Act, the agency (including the Department of Defense) with which a Government procurement contract shall be made by the Small Business Administration (SBA) under the provisions pursuant to which contracts are performed through subcontracts with socially and economically disadvantaged small businesses. Extends through FY 1988: (1) the program established by the Act under which contracts are set-aside for small businesses; and (2) the SBA's authority to waive the posting of bond with respect to such businesses.
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
Directs the Administrator of the Environmental Protection Agency and the Secretary of Agriculture to jointly conduct a study of the use of unleaded fuel in agricultural machinery and to report to the Congress on such study. Prohibits any reduction in the permitted lead level in gasoline below a specified level until after the Congress receives such report. Authorizes appropriations
United States · United States Congress · 18 June 1985
Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance to support small-scale agricultural projects in Africa, technical assistance for such projects, and research on such projects. Directs the President to place special emphasis on grants to international and African non-governmental organizations and to U.S. private and voluntary organizations for such projects. Requires the Director of the Administrator of the Agency for International Development (AID) and the Director of the Peace Corps to: (1) assess the opportunities for their agencies to support such projects in Africa; and (2) place a high priority on providing such support. Sets forth requirements for the use of funds made available for such projects. Requires the annual report to the Congress on foreign aid programs to include a report on the implementation of this Act. Directs the Administrator of AID to study and report to the Congress within five years of enactment of this Act on the projects funded pursuant to this Act and their effectiveness in preventing famine. Authorizes appropriations for FY 1986 to carry out this Act.
United States · United States Congress · 18 June 1985
Fairness for Adopting Families Act - Amends the Internal Revenue Code to limit the amount of the income tax deduction for the legal adoption of a child by a taxpayer to not exceed $5,000 ($7,000 in the case of an international adoption). Reduces the amount of the deduction for taxpayers whose taxable income exceeds $60,000. Expands such deduction to include all reasonable and necessary expenses which are directly related to a legal adoption of a child (current law restricts expenses to those incurred in the adoption of a child with special needs), if such adoption has been arranged by a State or local agency, a nonprofit agency, or through a private placement which does not violate a Federal or State law. Disallows such deduction for expenses of adoption by an individual of a child who is a child of such individual's spouse. Disallows such deduction for expenses in connection with artificial insemination, embryo transplantation, in vitro fertilization, or surrogate parenthood. Disallows such deduction for expenses incurred for travel outside the United States, unless such travel is required as a condition of the child's adoption, to assess the health and status of the child, or to escort the child back to the United States. Excludes from an employee's gross income any amounts paid on his behalf by an employer pursuant to an adoption assistance program. Establishes dollar amount and income amount limitations on such exclusion.
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
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
Atomic Energy Accountability Act - Requires the Nuclear Regulatory Commission to hold any meeting in accordance with specified regulations. Requires the Commission to maintain a complete transcript (or other recording) to fully record the proceedings of any closed meeting.
United States · United States Congress · 12 June 1985
Directs the President to ensure that no agricultural commodities provided under the Agricultural Trade Development and Assistance Act of 1954 are transported on any vessel owned by South Africa or any citizen or national of South Africa or on any vessel registered under the flag of South Africa.
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 · 11 June 1985
Consumer Lease and Rental Purchase Agreement Act - Amends the Consumer Credit Protection Act to add Title X, Consumer Lease and Rental Purchase Act. Sets forth findings, purposes, and definitions. Exempts from coverage under this Act: (1) commercial leases and rental purchase agreements primarily for business, commercial, or agricultural purposes or those made with government agencies, instrumentalities, or organizations; and (2) safe deposit box leases. Directs the Federal Reserve Board to promulgate regulations to implement the provisions of this Act. Requires the lessor to disclose in a consumer lease concerning personal property certain specified information, including the total initial payments to the lessor and the total of scheduled payments. Sets forth substantive rights that limit the consumer's liability at early termination or at the end of the lease term. Allows the lessor to base the consumer's liability on the anticipated residual value of the leased property. Presumes the anticipated residual value to be unreasonable, and uncollectable, when it exceeds the actual residual value by more than three times the average payment allocable to a month. Requires a lessor to disclose in a rental purchase agreement specified information, including the amount and timing of payments and a statement as to whether the property is new or used. States that a renegotiation is a new lease or agreement requiring new disclosures. Specifies four events which are not renegotiations. Exempts from the disclosure requirements any extension of a consumer lease or a rental purchase agreement. Requires a recalculation of anticipated residual value of leased property where a consumer lease is extended for more than one month beyond the end of the lease term. Specifies those items which must be contained in an advertisement for a consumer lease or a rental purchase agreement. Grants the Federal Trade Commission primary but not exclusive enforcement authority under this Act. Specifies civil penalties for the failure of a lessor to comply with these provisions. Sets forth the defense available to a lessor in a civil suit. Provides for the liability of assignees. Imposes a fine or prison term for willful and knowing violations of these provisions. Sets forth the relationship of these provisions and State laws. Provides that the laws of a State are preempted by this Act only to the extent that a person is unable to comply with them without violating a provision of this title. Exempts the United States Government, States, and their agencies from civil or criminal penalties under these provisions. Requires an annual report to the Congress concerning the administration of these provisions.
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
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
Reproductive Health Equity Act - Amends title XIX (Medicaid) of the Social Security Act, the Indian Health Care Improvement Act, the Peace Corps Act, the District of Columbia Self-Government and Governmental Reorganization Act, and other Federal laws covering armed forces personnel and dependents and Federal employees' health benefits to provide that services related to abortion be made available in the same manner as are other pregnancy-related services under federally funded programs.
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 · 6 June 1985
Obstetric Care Information Act - Amends title V (Maternal and Child Health Services Block Grant) of the Social Security Act to require a State plan under such title to insure that a pregnant woman: (1) has the opportunity, upon her request, to inspect, copy, and have explained any medical records relating to her condition or treatment; (2) is informed, beforehand, of the side effects, risks, contraindications, and effectiveness of the procedures, drugs, or devices, and of alternative methods of treatment; and (3) consents to treatment. Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to establish guidelines with respect to the explanation of the side effects, risks, contraindications, and effectiveness of drugs and devices intended for use by pregnant women. Deems misbranded any drug or device offered for sale to a woman for use during pregnancy or parturition which does not meet such guidelines.
United States · United States Congress · 6 June 1985
Professional Football Fan Protection Commission Resolution - Establishes in the Congress the Professional Football Fan Protection Commission to: (1) evaluate the extent to which existing Federal law protects the interests of fans of professional football; and (2) recommend legislation to further protect such interests. Requires the Commission to transmit a report to the Congress within six months of its first meeting. Describes the information to be contained in such report, including: (1) an evaluation of protections for fans, States, and cities from the effects of franchise relocation; (2) the effect of existing antitrust exemptions; (3) the need for additional antitrust exemptions; (4) factors which may require the expansion of professional football; and (5) the need for Federal legislation regarding the broadcasting of games. Provides for the Commission's termination 30 days after the submission of such report. Expresses the sense of the Congress that no professional football franchise should relocate during the existence of the Commission.
United States · United States Congress · 5 June 1985
Acid Deposition Control Act of 1985 - Title I: Acid Deposition Control Program - Amends the Clean Air Act to establish an interstate transport and acid precursor reduction program. Designates an acid deposition impact region comprising a long-range transport corridor of 31 States east of the Mississippi and the District of Columbia. Sets forth sulfur dioxide emission reduction standards for such region of ten million tons below 1980 levels by the beginning of 1996. Requires such reduction to be accomplished in two phases, half the reductions to be made by the start of 1991. Directs the Acid Precipitation Task Force to conduct an accelerated research program during the first phase, examining the pattern of effects of atmospheric loading of pollutants such as sulfur dioxide and nitrogen oxides. Authorizes appropriations through FY 1990, the program itself to be completed by the start of 1990. Directs the Administrator of the Environmental Protection Agency (EPA) to evaluate the results by the start of FY 1991. Authorizes the Administrator to change the second phase of the reduction program, based upon first-phase research, in any of the following areas: (1) excluding or including States; (2) restricting reallotment of reductions among States; (3) altering individual State targets; and (4) requiring reduction of nitrogen oxide emissions. Requires alterations to be made through public rule-making and after notice to the Congress, demonstrating increased protection. Requires impact region States to reduce their sulfur dioxide emissions in two phases to achieve a rate of no more than 1.2 pounds of sulfur dioxide per million British thermal units (Btus). Grants credits for reductions achieved after 1980 and permits States to reallot reductions among themselves unless otherwise prohibited. Requires State Governors to submit to the Administrator for approval two-phase reduction plans and compliance schedules. Directs the Administrator to establish reduction standards for any major source in noncompliance with its own plan or in a State without an acceptable emissions reduction plan. Requires owners or operators of major sources of sulfur dioxide emissions to submit to the Administrator reduction plans for such emissions if their State does not have an approved plan. States that failure to do so constitutes an emissions violation. Sets forth alternative methods of maintaining emissions limitations in addition to enforceable continuous emission reduction measures if such measures are enforceable by entities and persons other than the State in which the emissions occur: (1) least emissions dispatch to meet electric generating demand at existing generating capacity; (2) retirement of major stationary sources at an earlier than provided for date; (3) investments in energy conservation where emission reductions can be identified with such investments; (4) trading of emission reduction requirements and actual reductions through emission reduction banks or brokerage institutions; (5) precombustion cleaning of fuels; and (6) fuel substitution. Directs the President and the Secretary of State to negotiate emissions reductions with the Governments of Canada and Mexico to protect U.S. air from pollution from foreign sources. Directs the President to report periodically to the Congress on progress made. Directs the Administrator to report to the Congress within four years on a study of long-range transport of pollutant problems in the remaining States. Authorizes appropriations for FY 1986 through 1989. Directs the Administrator to report to the Congress on the emission limitation and enforceable measures adopted by the States or major stationary sources and approved by the Administrator. Directs the Administrator to develop and report to the Congress within four years on an inventory of sources of oxides of nitrogen in the impact region, control methods, and recommendations for emissions standards.
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
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
Establishes the House of Representatives Foreign Student Intern Program. Lists the requirements for eligibility under this program.
United States · United States Congress · 4 June 1985
Expresses the sense of the Congress that the United States, in its endeavor to help developing countries to preserve the health of environmental systems and to promote global peace and security, should maintain the level of its contribution to the United Nations Environment Program at no less than the amount of its 1973 contribution.
United States · United States Congress · 23 May 1985
Authorizes and directs the Secretary of Health and Human Services (Secretary) to formulate a program known as the Indian Juvenile Treatment Program for the treatment of Indian juvenile drug and alcohol abuse, including post-treatment counseling, and to coordinate such program within existing general programs for the treatment and control of alcoholism and drug abuse. Authorizes the Secretary to enter into an agreement with the Secretary of the Interior to share resources, including field facilities. Authorizes the Secretary to allocate existing funds or personnel of an existing or new program to designated "crisis areas" on an emergency basis. Requires the Secretary to establish an Office of Indian Juvenile Alcohol and Drug Abuse within the Alcohol, Drug Abuse, and Mental Health Administration which shall integrate the Program with the programs and authorities of the Department of Health and Human Services in the field of alcohol and drug abuse. Directs the Secretary to enter into an agreement with the Secretaries of the Interior and of Education to coordinate their departmental efforts and programs related to Indian juvenile alcohol and drug abuse. Requires the Secretary, in consultation with the Secretaries of the Interior and of Education, to develop a program of training in: (1) the identification of juvenile alcohol and drug abusers; (2) preventive education, health promotion, and disease prevention; and (3) counseling techniques on juvenile alcohol and drug abuse. Requires such training to be made available to elementary and secondary teachers and counselors at specified schools. Authorizes appropriations for FY 1986 through 1989 for such program. Requires the Secretary of the Interior, in consultation with the Secretaries of Education and of Health and Human Services, to review existing materials on juvenile alcohol and drug abuse, including studies and school curricula relating to such problems, and to make available the results of such review to such schools. Directs the Secretary of the Interior to require Bureau of Indian Affairs Schools and schools operated under the Indian Self-Determination and Education Assistance Act to provide alcohol and drug abuse instruction to students in kindergarten and grades one through 12. Requires any training program for community health representatives funded under the Bureau of Indian Affairs to include training on the problems of alcohol and drug abuse, including instruction in crisis intervention, family relations, and the causes and effects of fetal alcohol syndrome. Directs the Secretary, in consultation with the Secretary of the Interior, to make available training on such problems to: (1) specified agency and school personnel; and (2) other specified groups upon request. Provides for the certification, by the Secretary, of any person who completes such training for purposes of obtaining academic credit or certification at any post-secondary schools. Requires the Secretary to conduct a study to determine: (1) the size of the juvenile population in need of residential alcohol and drug abuse treatment; (2) the definition of a "crisis area" in which the need is critical; (3) where other programs for emergency and long-term treatment should be located; and (4) the cost of such treatment. Authorizes the Secretary to enter into an agreement for the operation of any program authorized under this Act with a "participating" tribe or tribal organization. Defines "participating" tribe or tribal organization.
United States · United States Congress · 23 May 1985
Declares that in appellate decisions by the Merit Systems Protection Board neither the granting of a petition for review nor the reopening of a case shall stay the corrective action recommended in such decisions if the corrective action involves: (1) the reinstatement of an employee who was removed; or (2) the restoration of an employee who was suspended.
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
Recognizes Camp Fire, Incorporated for its 75 years of service to our Nation.
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
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.
United States · United States Congress · 22 May 1985
Family Economic Security Act of 1985 - Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to require each State to have in operation at any time and to carry out either a work incentive program under part C (Work Incentive Program) of title IV or an employment program demonstration project under part A (General Provisions) of title XI of such Act. Repeals time restriction limitations on demonstration projects. Directs the Secretary of Health and Human Services to make annual grants to each State to carry out special programs, projects, and experiments designed to reduce the dependency of AFDC individuals and families, including: (1) supported work programs for long-term adult AFDC recipients; (2) work experiments aimed at easing the transition to jobs in the private sector; and (3) other programs, projects, and experiments designed to reduce AFDC dependency. Provides that grants shall be made only on the basis of a plan submitted to the Secretary by a State and approved by the Secretary. Provides that a grant shall be in an amount ranging from two to seven percent of a State's Federal share under part A of title IV or title XI. Requires reports concerning such grants from a State to the Secretary. Permits a State to transfer up to ten percent of its grant for use in carrying out programs to prevent teenage pregnancies and to assist pregnant individuals and mothers of young children in achieving self-sufficiency. Requires a State to make monthly payments to each family with dependent children in an amount determined by subtracting, after the application of resource and disregard provisions, the family's monthly income from its monthly cash needs standard (equal to one-twelfth of the annual cash needs standard) or from its monthly payment standard (equal to one-twelfth of the annual payment standard). Requires a State to establish for any family with dependent children: (1) an annual cash needs standard; and (2) an annual payment standard specifying the amount of AFDC that the family would receive monthly under AFDC if it had no other income. Requires that, in the case of a family with no income other than AFDC (and reducing such income only by the applicable standard deduction specified by the Food Stamp Act of 1977), each of such standards when added to the total monthly allotments of food stamp coupons equal an amount that places the family at no less than a specified percentage of the poverty level. Provides that such percentage shall be 55 percent for 1986 and rise to 70 percent by 1991. Directs the Secretary of Health and Human Services to determine the poverty level for each State. Provides for increases in the Federal AFDC contribution to States increasing AFDC benefits. Revises provisions relating to dependent children of unemployed parents. Requires a State to make AFDC payments with respect to dependent children in two-parent families not otherwise eligible. Authorizes a State, with respect to making such payments, to establish appropriate work requirements and related registration and training requirements. Requires State plans to provide that at least one such parent: (1) register for manpower services, training, and employment, if either parent is required to register; and (2) participate in some State job search, training, or work program. Sets forth requirements relating to the provision day care and the payment of the minimum wage. Provides that the Federal AFDC matching rate shall be 75 percent with respect to families that include one or more dependent children. Directs the Secretary to make grants to assist States and localities to establish and carry out programs to: (1) reduce the rate of teenage pregnancies in AFDC families; and (2) help pregnant individuals and mothers of young children in such families, who might otherwise become long-term AFDC recipients, to achieve self sufficiency. Requires applications to be submitted for such grants. Sets forth program objectives and requirements. Provides that a grant shall be in an amount equal to two percent of a State's Federal share under part A of title IV or title XI. Requires reports concerning such grants from a State to the Secretary. Permits a State to transfer up to ten percent of its grant for use in encouraging programs to reduce welfare dependency. Authorizes appropriations. Redefines the term "aid to families with dependent children" so as to include a pregnant woman in any case where the child would be eligible for AFDC in the month of payment if such child had been born and was living with the mother in that month. Disregards the first $100 of unearned income, including payment of benefits under title II (Old Age, Survivors and Disability Insurance) of such Act, unemployment benefits, and child support payments. Requires a State to periodically reevaluate its AFDC needs standards. Requires a State to provide Medicaid eligibility for one year to an AFDC family following the family's removal from the State's AFDC plan. Permits a State to provide an additional year of Medicaid eligibility. Increases the amount of assets which a family may possess and still receive AFDC. Directs the Secretary to prescribe the type and allowable amounts of resources a family may own while eligible for AFDC. Prohibits including as such resources a home, burial plots, certain real property, and certain licensed vehicles. Revises AFDC earned income disregards. Excludes the first $100 and one-fourth of other earnings. Limits the monthly child care disregard to $320 for a family. Directs the Secretary to: (1) notify all recipients of and applicants for benefits under title II of the Act of the availability of the supplemental security income program (title XVI of the Social Security Act); (2) notify all recipients of and applicants for SSI or AFDC of the availability of food stamps; (3) notify unemployment compensation benefit recipients of the availability of AFDC; and (4) notify food stamp recipients of the availability of AFDC. Increases the SSI benefit. Prohibits the reduction in OASDI widow's and widower's benefits which may occur after a beneficiary attains age 80. Provides for a Federal matching rate of 30 percent for SSI State supplementary payment increases made after May 22, 1985. Amends the Internal Revenue Code to: (1) provide for an increase in the earned income credit; (2) provide for the disregard of any needs-based governmental benefit in determining support and maintenance of a household; (3) provide for the disregard of any refund of Federal income taxes made because of the earned income credit for purposes of determining eligibility for or the amount of benefits under any Federal or State program which receives Federal funds; (4) provide for cost-of-living adjustments in the earned income credit; (5) extend and increase the targeted jobs credit; (6) include food stamp recipients as members of targeted groups; and (7) provide for an increase in the zero bracket amount for heads of households for taxable years beginning after 1985. Requires a State's Medicaid plan to cover SSI recipents.
United States · United States Congress · 22 May 1985
Authorizes and requests the President to designate July 16, 1985, as National Atomic Veterans Day.
United States · United States Congress · 21 May 1985
Defense Procurement Conflict of Interest Act - Prohibits a former officer or employee of the Department of Defense (DOD) or former retired member of the uniformed services from accepting compensation from a Government contractor for two years following the individual's separation from Government service if, during the two years preceding separation from service, such individual had significant responsibilities for a procurement function with respect to that Government contractor. Specifies penalties for violations of this prohibition. Requires defense contractors to include in defense contracts a provision stating that the contractor agrees not to compensate an individual who falls under such category. Specifies penalties for a contractor's violation of this requirement. Requires contractors subject to such a contract term to issue an annual report listing specified information concerning individuals who had significant responsibilities for a procurement function, left Government within the previous two years, and were compensated by that contractor after leaving Government service. Requires a copy of each such report to be sent to the Inspector General of DOD. Requires the Inspector General to assess such reports and report any possible violations to the Attorney General. Provides penalties for those contractors failing to file such reports. Requires the Director of the Office of Government Ethics to have access to such reports and to submit an annual report to the Congress concerning such reports. Excludes from application of these sections those contracts for an amount less than $100,000. Requires the Secretary of Defense, not later than 180 days after enactment of this Act, to delineate the procurement functions covered by these sections and provide a list of such functions to the Congress. Allows an individual who is offered compensation which might be in violation of this Act to apply to the Director of the Office of Government Ethics for advice on the applicability of this Act to the acceptance of such compensation. Requires such application to be made jointly by the individual and the contractor proposing the compensation. Outlines information to be included in such application for advice. Requires the Director to publish notice of the application in the Federal Register.
United States · United States Congress · 21 May 1985
Amends the Omnibus Crime Control and Safe Streets Act to limit eligibility for certain block grants to States which require local firearms registration and also have in effect criminal penalties for the removal or alteration of the importer's or manufacturer's serial number from a firearm.
United States · United States Congress · 21 May 1985
Prohibits the Board of Regents of the Smithsonian Institution from using any Smithsonian Institution funds to make, directly or indirectly: (1) any extension of credit to the Government of South Africa; (2) any extension of credit to, or investment in, any corporation or other business enterprise that is owned (in whole or part) or controlled by the Government of South Africa; and (3) any extension of credit or investment in South Africa. Requires the Board, within one year after the effective date of this Act, to liquidate any such extensions of credit or investments which are in existence on such date. Makes such requirement inapplicable to any extension of credit or investment for which a contract or other legally binding agreement is entered into before the effective date of this Act. Terminates such prohibition and requirements imposed by this Act upon approval by law of any report submitted to the Congress by the Board which contains a determination that the abolition of apartheid has taken place in South Africa and the reasons for such determination.
United States · United States Congress · 21 May 1985
Amends the Higher Education Act of 1965 to add a new title XII, University-High School Partnerships. (Redesignates the current title XII as title XIII.) Authorizes appropriations for FY 1986 through 1990 for the new title XII, to encourage partnerships between institutions of higher education and secondary schools serving low-income students in order to support programs that: (1) improve the academic skills of secondary school students; (2) increase their opportunity to continue a program of education after high school; and (3) improve their prospects of employment after high school. Requires, for purposes of eligibility for a title XII grant, an institution of higher education and a local education agency to enter into a written partnership agreement. Allows the partnership to include businesses, labor organizations, professional associations, community-based organizations, or other private or public agencies or associations. Requires all partners to sign the agreement. Requires the agreement to include a listing of all participants in the partnership, a description of their responsibilities, and a listing of the resources to be contributed by them. Directs the Secretary of Education to reserve 65 percent of title XII funds for programs operating during the regular school year and 35 percent for summer programs. Limits the amount of such a grant to between $250,000 to $1,000,000. Allows the partnership to use the grant for programs that use college students to tutor high school students and that improve high school students' basic academic skills, their understanding of specified subjects, opportunity to continue a program of education after graduation, and their prospects for employment after graduation. Directs the Secretary, in making such grants, to give preference to: (1) programs which will serve predominantly low-income communities; (2) partnerships which will run programs during the regular school year and the summer; and (3) programs which will serve educationally disadvantaged students, potential dropouts, pregnant adolescent and teen parents, or the gifted and talented. Sets forth grant application requirements. Limits the Federal share of the cost of the project to no more than 70 percent in the first year, 60 percent in the second year, and 50 percent in the third year and any subsequent year.
United States · United States Congress · 21 May 1985
Competitive Shipping and Shipbuilding Act of 1985 - Title I: Competitive Shipping and Shipbuilding - Requires each importer or exporter of bulk cargoes to transport at least five percent of such cargoes in United States-flag ships in the calendar year following enactment of this title. Requires annual one percent increases until the percentage of bulk cargoes carried on U.S.-flag ships reaches 20 percent. Authorizes the Secretary of Transportation to provide relief from the requirements of this Act upon a finding that U.S.-flag ships are not available within guideline rates. Sets forth factors which the Secretary shall consider in determining the extent of relief granted. Requires the Secretary to establish and publish guideline rates for the carriage of bulk cargoes subject to this Act. Requires the Secretary to assure that such rates take into account certain objectives. Requires the Secretary, in order to establish guideline rates, to estimate the current cost of operating U.S.-flag ships in the foreign bulk trades of the United States and of constructing such ships. Requires such cost estimates to be published within six months after enactment of this Act. Requires such estimates to be revised annually. Requires that such rates: (1) be reviewed and adjusted at least annually; (2) not reflect costs greater than the estimated current costs; and (3) be the maximum rates which may be charged for the charter of U.S.-flag ships for the transportation of bulk cargoes governed by this Act. Requires the Secretary to establish and publish interim guideline rates in the first calendar year following the enactment of this Act. Sets forth factors to be taken into account in determining such rates. Requires anyone engaged in importing or exporting bulk commodities in U.S. foreign commerce to report to the Secretary on the percentages of such person's exports and imports carried on U.S.-flag ships. Requires anyone who fails to transport the required percentage of U.S. bulk cargoes to use exclusively U.S.-flag ships until the deficiency has been recouped, unless relief has been granted. Establishes civil penalties for violations of this Act. Sets forth procedures for judicial review of violations of this Act. Title II: Income Tax Credit for Increased Shipping Costs - United States-Flag Ship Use Incentive Tax Act of 1985 - Amends the Internal Revenue Code to allow a tax credit for 100 percent of the qualified increased shipping costs where importers and exporters use U.S.-flag ships. Provides for the carryover of such credit for up to three years.
United States · United States Congress · 21 May 1985
Amends the Internal Revenue Code to provide that the interest on specified types of industrial development bonds shall be tax-exempt only if at least ten percent of the proceeds of such bonds are used directly or indirectly to purchase property or services from one or more underutilized small businesses. Authorizes the Secretary of the Treasury to reduce the ten percent requirement in certain circumstances. Requires that ten percent of the amount of tax-exempt governmental obligations issued in a State must be issued through underutilized brokerage houses.
United States · United States Congress · 16 May 1985
Amends the Small Business Act to limit direct financing with respect to loans to small businesses for plant acquisition, construction, conversion, or expansion unless: (1) it is shown that a participation is not available; (2) the applicant is a prospective business or one which has commenced operations within the preceding 18 months; and (3) it is accompanied by an additional 25 percent in funds from non-Federal sources. Decreases the dollar amount of immediate participation loans with respect to small business plant acquisition, construction, conversion, or expansion. Limits to ten years the period of time on direct or immediate participation loans to small businesses. Prohibits deferred participation on loans for such plant acquisition, construction, conversion, or expansion. Requires the Small Business Administration (SBA) to require, as a condition of each direct loan to a small business, that the borrower agree to annually provide specified information during the term of such loan. Requires the SBA to report annually to the President and the Congress. Sets forth specified conditions with respect to the submission of such reports by the SBA and the submission of certain information by the borrower. Authorizes program levels for FY 1986 through 1988 to the SBA for direct and immediate participation loans for small business plant acquisition, construction, conversion, or expansion. Makes specified amounts available out of such authorization for: (1) handicapped persons and organizations for the handicapped; (2) small businesses either located in urban or rural areas with high unemployment and low incomes or owned by low-income individuals; and (3) disabled veterans and Vietnam veterans. Prohibits loans for small businesses which design, manufacture, and distribute energy measures. Authorizes program levels for FY 1986 through 1988 for deferred participation loans and debenture guarantees for small business plant acquisition, construction, conversion, or expansion and small business development companies under the Small Business Investment Act of 1958. Makes specified amounts available out of such authorization for: (1) handicapped persons and organizations for the handicapped; (2) small businesses either located in urban or rural areas with high unemployment and low income or owned by low-income individuals; (3) small businesses which design, manufacture, and distribute energy measures; and (4) guarantees of debentures with respect to State and local development companies. Authorizes program levels for FY 1986 through 1988 under specified sections of the Small Business Investment Act of 1958 for: (1) direct purchases and guarantees of debentures and purchases of preferred securities with respect to small business investment companies; (2) surety bond guarantees; and (3) payment guarantees for the installation of pollution control facilities by small businesses. Authorizes appropriations to the SBA for FY 1986 through 1988. Makes specified amounts available out of such authorization for: (1) direct and immediate participation loans for small business plant acquisition, construction, conversion, or expansion, handicapped persons and organizations for the handicapped, small businesses either located in urban or rural areas with high unemployment and low income or owned by low-income individuals, and Vietnam veterans; (2) deferred participation loans and debenture guarantees for small business plant acquisition, construction, conversion, or expansion and small business development companies; (3) deferred participation loans to handicapped persons and organizations for the handicapped, small businesses either located in urban or rural areas with high unemployment and low incomes or owned by low-income individuals, and small businesses which design, manufacture, and distribute energy measures; (4) guarantees of debentures with respect to State and local development companies; (5) direct purchases and guarantees of debentures and purchases of preferred securities with respect to small business investment companies; (6) surety bond guarantees under the Small Business Investment Act of 1958; and (7) SBA salaries and expenses. Authorizes appropriations for FY 1986 through 1988 for disaster loans to small businesses and permits the transfer of funds from the disaster loan revolving funds for the payment of SBA administrative expenses. Authorizes program levels for FY 1986 and 1988 under the Small Business Act for direct disaster loans and loans necessitated by Federal action to small businesses. Requires the Secretary of Labor, in determining labor surplus areas with respect to Government procurement with small businesses, to make such determination on the basis of criteria in effect at the time of such determination, provided that any minimum population criteria shall not exceed 25,000. Amends the Small Business Investment Act of 1958 to provide that certain guaranteed obligations are not eligible for purchase by the Federal Financing Bank.
United States · United States Congress · 16 May 1985
Children's Protection Act of 1985 - Amends the Racketeer Influenced and Corrupt Organizations Statute to extend the Act's coverage to the sexual exploitation of children. Authorizes a civil suit for treble damages for any person injured personally or in his or her business or property. Amends the Federal criminal code with regard to the sexual exploitation of children. Makes it a Federal offense to print or publish any statement or advertisement to receive, buy, produce, display, photograph, film, print or publish any statement or advertisement to receive, buy, produce, display, photograph, film, print or record any visual depiction of a minor engaging in sexually explicit conduct. Prohibits offering participation in sexually explicit conduct with a minor. Lists factors that may be considered in determining whether a person engaged in such conduct has attained the age of 18. Provides that the Government need not establish the identify of the alleged minor in a prosecution under this section. Increases the penalties for offenses involving the transportation of minors for prohibited sexual conduct.