United States · United States Congress · 14 May 1985
Amends the National Labor Relations Act to provide that a specified prohibition against certification of labor organizations representing both "guards" and other employees, for collective bargaining unit purposes, is to be applied only in the case of "plant guards."
United States · United States Congress · 14 May 1985
Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage for anesthesia services and related care provided by a registered nurse anesthetist.
United States · United States Congress · 13 May 1985
Economic Equity Act of 1985 - Title I: Retirement - Pension Vesting, Integration, and Portability Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to maximum age conditions under pension plans to provide for continued coverage for certain workers over the normal retirement age. Provides that pension plans may only exclude from participation, on the basis of age, an employee who has attained the normal retirement age under the plan if: (1) the plan is a defined benefit plan or a target benefit plan (as under current law); and (2) the employee's accrued benefit under the plan is greater than the normal retirement benefit to which the employee would be entitled at the normal retirement age if the employee commenced participation at the earliest possible entry age under the plan and served continuously until attaining the normal retirement age under the plan. Revises provisions relating to minimum vesting standards to reduce, from ten years to five years, the number of years of service which a pension plan participant must complete in order to earn a nonforfeitable right to 100 percent of the participant's accrued benefit derived from employer contributions. Permits multiemployer pension plans to retain the ten-year minimum vesting standard if such plans meet certain conditions, including complete reciprocity for workers who move from one regional pension plan to another within the same industry. Repeals a certain "class year plan" rule. Permits participants with three (currently five) years of service to elect, within a specified period to have their nonforfeitable percentage computed under the plan without regard to any plan amendment changing the vesting schedule. Revises minimum participation standards, minimum vesting standards, and benefit accrual requirements to provide for pension plan coverage of part-time workers. Revises the definition of "year of service," for purposes of minimum participation and vesting standards, to treat 500 to 1,000 hours of service per year by a part-time employee as one-half of a year of service. Provides that the date on which such employee completes such one-half of one year of service shall be the latest date until which the plan participation of such employee may be delayed. Includes service of at least 500 (currently 1,000) hours in determinations of years of plan participation for purposes of benefit accrual requirements. Establishes minimum benefit rules for integrated pension plans. Requires such plans to offer a minimum benefit without taking into account contributions or benefits under specified provisions of the Social Security Act, the Internal Revenue Code, or any other Federal or State law. Sets forth formulas, based on specified percentages of employee compensation, for determining such minimum benefit in the case of: (1) an integrated defined benefit plan; and (2) an integrated defined contribution plan or an integrated simplified employee pension. Directs the Secretary of the Treasury to prescribe necessary or appropriate regulations to carry out the purposes of such minimum benefit rules for integrated plans in any case in which the employer has two or more plans. Provides for distributions of accrued benefits of less than $7,000 to portable pension accounts (individual retirement accounts or individual retirement annuities). Requires a pension plan to distribute a participant's nonforfeitable benefit to a portable pension account if: (1) the plan is a defined benefit plan, or an individual account plan subject to specified funding standards; (2) the present value, as of the date of separation from service, of such benefit is less than $7,000; and (3) the participant elects in writing, after receiving a required notice, to have such benefit distributed to such portable pension account in a distribution which is excluded from gross income under specified Internal Revenue Code provisions. Directs the Secretary of Labor to prescribe by regulation the manner and form in which such election is to be made. Requires the plan administrator, upon being informed by a participant that the participant wishes to make an election pursuant to these provisions, to provide notice to the participant of: (1) the present value, as of the date of separation, of the participant's nonforfeitable benefit (with such present value to be deemed equal to the actuarial equivalent, as of such date, of the normal form of benefit under the plan); (2) the amount of the participant's benefit on the date of the participant's retirement payable under the pension plan at normal retirement age expressed in the form of a single life annuity under a defined benefit plan or in the normal form of payment under an individual account plan; and (3) the additional tax (under specified Internal Revenue Code provisions as revised by this Act) on distributions from, or disqualification, of the portable pension account before the date on which the participant attains age 59 1/2. Amends the Internal Revenue Code to revise provisions relating to pension plans. Makes such revisions similar to those made to ERISA by title I of this Act with respect to: (1) continued coverage for certain workers over the normal retirement age; (2) a minimum vesting standard of five years of service (reduced from ten years), with the exception of multiemployer plans meeting certain conditions (including reciprocity); (3) repeal of the class year plan rule; (4) protection from changes in the vesting schedule for participants with three years of service; (5) coverage for part-time workers under minimum participation standards, minimum vesting standards, and benefit accrual requirements; (6) establishment of minimum benefit rules for integrated plans; and (7) distributions of accrued benefits to portable pension accounts. Revises provisions relating to additional tax on certain amounts included in gross income before age 59 1/2. Requires, in cases of early distributions or disqualification involving portable pension accounts to which accrued benefits from a pension plan have been distributed as provided under this Act, that the additional tax (for the taxable year in which the early distribution is received or the disqualification occurs) shall be equal to the amount of the early distribution, or of the disqualification, which is includible in gross income for such taxable year. Directs the Secretary of Labor to: (1) conduct a study of the feasibility and ramifications of requiring private employee pension benefit plans to provide cost-of-living adjustments to benefits payable under such plans; (2) compile data and analyze the effect inflation is having and may be expected to have on retirement benefits provided under such plans; and (3) submit study results, with recommendations, within two years after enactment of this Act. Social Security Modernization Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple which are attributable to the period of their marriage shall be shared equally between them for purposes of determining the eligibility for and amount of OASDI benefits to which each spouse is or may become separately entitled. Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage. Provides that this Act shall not apply in specified cases where it would result in a reduction of OASDI benefits. Provides full benefits for disabled widows and widowers without regard to age. Enables an insured individual's spouse who has attained the age of 50 and is not entitled to any other monthly benefits to obtain a transition benefit for four months upon the death of the insured individual. Establishes the amount of such transition benefit at 71.5 percent of the primary insurance amount of the insured individual or, if it is higher, 71.5 percent of the primary insurance amount of the spouse. Repeals the separate definition of disability applicable to widows and widowers. Permits the months of a widow's or widower's entitlement to Supplemental Security Income benefits (title XVI of the Social Security Act) on the basis of a disability to be counted towards the 24 months needed to become entitled to hospital insurance benefits under Medicare (title XVIII of the Social Security Act) on that basis. Uniformed Services Former Spouses' Equity Act - Provides that a former spouse of a member of the uniformed services shall be entitled, unless expressly provided by a spousal agreement or court order, to an annuity: (1) equal to 50 percent of the retired or retainer pay of the member if married to the member throughout the creditable service of the member; or (2) equal to a pro rata share of 50 percent of such pay if not married to the member throughout the entire creditable service of the member. Requires that an election by a member not to participate, or to participate at a reduced level, in the Survivor Benefit Plan or to provide an annuity for a dependent child only must be made jointly with the member's spouse. Provides that such an election must be in writing. Allows a member who has a former spouse to jointly elect a spousal agreement with such former spouse or as provided under a court order to provide a survivor to the former spouse or to waive such an annuity. Treats a former spouse as a spouse for purposes of eligibility as a beneficiary, computation of annuities, and reductions in retired or retainer pay under the Survivor Benefit Plan if the member elects such treatment. (Present law treats a former spouse as a person with an "insurable interest" subject to certain restrictions and requiring larger reductions in retired or retainer pay.) Establishes a 24 month period during which members who were already divorced before the effective date of this Act may elect to have a former spouse covered under the Survivor Benefit Plan. Provides that a former spouse's share of retired or retainer pay shall be based on the gross amount of such pay. (Present law bases such share on the net amount of such pay after specified deductions.) Social Services and Child Care Assistance Act of 1985 - Title II: Dependent Care - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to set allotment amounts for FY 1984, 1985, and 1986 and each succeeding fiscal year. Allocates, from the allotment set for FY 1986 and available for any fiscal year, specified amounts for: (1) funding for a National Resource Center on Family Day Care; (2) grants to States which fulfill certain conditions with respect to the licensing, regulation, and monitoring of child care services; and (3) the provision of services in accordance with title XX. Provides that, of the amounts allotted for the provision of services, specified amounts shall be used: (1) for the training and retraining of human services personnel; (2) for the training and retraining in the prevention of child abuse of licensed child care operators; and (3) for the provision of child day care services to children who are abused or neglected, who are members of families receiving aid under title IV (Aid to Families with Dependent Children) of such Act, or children who are members of specified low-income groups. Amends the Higher Education Act of 1965 to add a new title XII, School-Based Child Care Programs. (Redesignates the current title XII as title XIII.) Authorizes appropriations for FY 1986 through 1990 for grants to institutions of higher education for: (1) construction, reconstruction, and renovation of facilities, located at such institutions, to be used to provide child care services (free for students from families with incomes less than 150 percent of the poverty level, and with a sliding-scale of fees based on income for other students participating); (2) child care services through vouchers for disadvantaged college students (with two-thirds of the participants to be low-income students who are first generation college students, and the remainder to be either low-income or first generation college students); and (3) child care personnel work-experience programs (which provide experience for students by arranging part-time employment for them in licensed child care programs). Requires the Secretary of Housing and Urban Development to provide grants to public housing authorities to assist them in providing child care services for lower income families. Requires a program report to the Congress within three years. Authorizes FY 1986 through 1988 appropriations. Title III: Insurance - Nondiscrimination in Insurance Act - Prohibits discrimination on the basis of race, color, religion, sex, or national origin in the consideration of applications for, or the granting of, insurance policies and the terms of such policies. Permits insurers who regularly provide insurance solely to persons of a single religious affiliation to continue to do so. Prohibits any insurer from establishing auto insurance rates for women or any particular group of women which are higher or lower in relation to the rates offered men or any similarly situated group of men, except for non-gender related risk-based reasons. Grants to States having insurance discrimination laws the primary opportunity to enforce the prohibitions of this Act. Permits an aggrieved person to file a civil action in State or Federal court against an insurer if the State has terminated all proceedings under State law. Authorizes the Attorney General to bring a civil action in district court when there is reasonable cause to believe that a person or group is engaged in a pattern or practice of resistance to the rights granted by this Act and that such denial raises an issue of general public importance. Authorizes the Court to: (1) order the defendant to amend any relevant contract to comply with the provisions of this Act; (2) require the defendant to pay punitive damages in addition to actual damages; and (3) award the aggrieved person reasonable attorneys' fees. Continued Access to Group Health Insurance Act of 1985 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to require continuation coverage under group health plans for certain spouses, former spouses, and dependent children of employees insured under such plans. Makes such continuation coverage a requirement for the allowance of a tax deduction for employer contributions to group health plans. Provides that the spouse and dependent children of an insured employee may be entitled to five years of continuation coverage under a group health plan if the insured employee: (1) dies; (2) becomes separated or divorced from his or her spouse; or (3) becomes entitled to Medicare. Makes such coverage available only if it is elected within a specified period by or on behalf of the spouse or child to be covered. Sets forth notification requirements. Sets forth a special rule relating to collective bargaining agreements. Title IV: Employment - Requires the Equal Employment Opportunity Commission to: (1) conduct research for identifying and measuring wage discrimination; (2) assist any public or private entity in eliminating discriminatory pay practices; and (3) implement policies and procedures to prohibit employment discrimination. Requires the Commission to determine the number and nature of all charges filed under the Civil Rights Act of 1954 and to report to the Congress with a summary prepared pursuant to this Act. Requires the Commission to conduct a study in consultation with organizations representing Federal employees and analyze: (1) the procedures established by the Director of the Office of Personnel Management (OPM) to establish classifications of positions in the competitive service; and (2) the actual practices of the Director and the heads of Federal agencies in complying with the principle of equal pay for work of equal value when establishing job classifications for employees. Requires the Commission to report to the President and the Congress on its findings and provide a copy to the Director of OPM. Directs the Director to submit his comments on the report to the President and the Congress. Directs the Secretary of Labor, acting through the Office of Federal Contract Compliance Programs, to report to the President and the Congress on actions taken to enforce the prohibitions contained in Executive Order Numbered 11246 against discrimination by Federal contractors. Requires the Attorney General, acting through the Office of Civil Rights, to report to the President and the Congress on actions taken to enforce the prohibitions against sex discrimination in compensation contained in title VII of the Civil Rights Act of 1964, Executive Order Numbered 11246, and other Federal laws. Requires Federal agencies responsible for submitting equal employment opportunity plans to include in such plans: (1) a review and identification of any discriminatory pay practices and any violation of the principle of equal pay for jobs of equal value; and (2) a plan for eliminating any such practices and remedying any such violation. Directs the Office of Personnel Management (OPM) to provide, by contract with a consultant, for a report on discriminatory wage-setting practices and discriminatory wage differentials within the Federal position classification system and the prevailing rate (job grading) system. Defines "discriminatory wage-setting practices" as a practice resulting from lower rates of pay for female employees doing work comparable to that of higher-paid males. Requires OPM, within one month of receiving such report, to transmit a copy to the President and specified congressional committees, with written comments. Requires the consultant to submit such report to OPM and the Pay Equity Study Council (established by this Act) within six months after entering into its contract. Requires OPM, within ten days after the effective date of this Act, to establish a Pay Equity Study Council to assist in the selection of a consultant and comment on the final report. Requires that Council membership consist predominantly of representatives of labor organizations representing Federal female employees. Terminates the Council after it submits comments on the final report. Establishes a Commission on Employment Discrimination in the Legislative Branch. Directs the Commission to: (1) employ a nongovernmental consultant to study the compensation paid to Library of Congress personnel and analyze personnel policies of the Library; (2) evaluate the compensation system of the Library for compliance with title VII of the Civil Rights Act of 1964 and make any recommendations needed to achieve compliance; (3) develop a plan for the application of title VII through the legislative branch; and (4) make recommendations to the Congress for improvement of personnel policies and practices in the legislative branch. Directs the Commission to submit a final report to the Congress 18 months after enactment of this Act. Terminates the Commission 30 days after submission of the final report. Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to invite each State having an approved plan under part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to submit an application to establish and conduct a demonstration project for the purpose of testing whether the provision of mandatory education or vocational training (or both) for the caretaker parents of dependent children under six years of age in families receiving AFDC would enable such families to leave the AFDC rolls quickly and assist such parents in securing long-term gainful employment at earnings levels sufficient to maintain their families without public assistance. Requires any State desiring to establish and conduct such a demonstration project to submit an application to the Secretary within six months after the enactment of this Act. Directs the Secretary to approve ten of the proposed projects. Requires six of the approved projects to be located in urban areas and four to be located in predominantly rural areas. Prohibits the approval of a project unless: (1) it is of sufficient size and scope to demonstrate program and cost effectiveness and to permit the drawing of valid inferences for evaluation and policy recommendations; (2) it will be conducted for a period of not less than three nor more than five years; (3) it covers all caretaker parents in families which are eligible for aid under the applicable State plan and which include one or more children under six years of age; (4) it provides for participation by caretaker parents on a voluntary basis; and (5) it complies fully with all other requirements and will contribute to the purposes of this Act. Defines "caretaker parent". Directs a State, in conducting an approved demonstration project, to: (1) offer each caretaker parent in a jurisdiction involved an opportunity to participate in the project; (2) establish an individualized program for the education or vocational training of each participating caretaker parent; (3) permit such parent to receive education or training under the program so established (from the time the youngest child in the care of such parent is six months old, or earlier with a physician's written permission) until either the parent is employed and self-sufficient, the parent is no longer a caretaker parent, or the family has become ineligible for aid; and (4) require the project to maintain support services, including child care, transportation, and health care services for each participant. Directs the Secretary to pay each State with an approved demonstration project 90 percent of the costs incurred by the State in establishing and carrying out such project. Requires the remainder of the costs incurred to be paid from non-Federal sources. Requires the education or training for caretaker parents in such program to meet the following requirements: (1) for caretaker parents without a high school diploma the education must lead to such diploma; (2) after receipt of such diploma (or in the case of an individual already having a high school diploma or better), the caretaker parent must participate in an approved post-secondary education program, an approved vocational education program, or a program of employment and training under auspices of the Job Training Partnership Act; (3) the award of an academic scholarship to a caretaker parent shall not result in any loss of eligibility or benefits under AFDC or any other public assistance program, so long as the scholarship payments are made directly to the appropriate educational institution; (4) the education and training must include instruction in family management and life skills, employment and job search training, career counseling, and community-supported recreational activities; (5) appropriate English language and adjustment training must be provided for caretaker parents from immigrant groups who have language or cultural adjustment difficulties; (6) special training must be provided for physically handicapped participants; (7) education and training for each participant in the project must be provided for at least 20 hours per week and must be coordinated with available child care services; and (8) any caretaker parent who has completed all of the education and training required by this Act shall remain a participant in the project for 20 hours a week of job search and placement assistance (with coordinated child care) until either the parent is employed and self-sufficient or the family has become ineligible for AFDC. Provides that in the case of a caretaker parent who ceases to be a participant in the project because he or she has completed all of the education and training required by this Act and has become employed: (1) the parent will be provided with child care services, as necessary, without charge for a six-month period, and thereafter for a certain period subject to the payment of a gradually increasing portion of the cost of such services; and (2) the parent shall be considered for a 15-month period to be still a project participant for purposes of receiving Medicaid (title XIX of the Social Security Act) and shall thereafter be similarly considered to still be a participant for such purposes but subject to stated conditions. Requires all of the child care and transportation which is necessary for a caretaker parent to participate in a demonstration project to be included, without charge to the caretaker parent, as a part of the project. Requires each approved project to be designed so as to provide an effective demonstration of: (1) the planning and design of quality and cost-effective approaches to child and infant care; (2) the cost-effective utilization of existing publicly-funded educational, vocational, and other training programs; (3) coordination with other community service providers, including job developers; and (4) cost-effective and creative approaches to the utilization of transportation facilities. Prohibits participation in an approved project by a caretaker parent from resulting in any loss of eligibility or benefits under AFDC or any other public assistance program. Permits a State to make participation mandatory if: (1) it is necessary to operate a project in a cost-effective manner; (2) participants would not be disadvantaged financially or otherwise; and (3) children in need of assistance would not be disadvantaged. Provides that if any caretaker parent who is required to participate in a project refuses to undergo any education or training required by this Act or otherwise fails to participate in an approved demonstration project, without a reasonable basis for such refusal or failure as determined on medical, psychological, psychiatric, or other grounds by an appropriate licensed practitioner in accordance with regulations prescribed by the Secretary (subject to a State being granted a waiver): (1) such parent's needs shall not be taken into account in determining need under AFDC with respect to the parent's family; and (2) any AFDC payments shall be made in the form of protective payments. Requires each approved demonstration project to have a voluntary advisory group to assist in developing the program and in monitoring the project. Sets forth reporting requirements (including reports to the Congress). Requires each State in which a demonstration project is located to submit to the Secretary such information as the Secretary may require concerning a project. Women's Business Ownership Act of 1985 - Establishes the National Commission on Women's Business Ownership to review: (1) the status of women-owned small businesses nationwide; (2) the role of the Federal Government in aid to and the promotion of women-owned small businesses; (3) data collection procedures and the availability of data relating to women-owned businesses, women-owned small businesses, and small businesses owned and controlled by socially and economically disadvantaged women; (4) other Federal initiatives relating to women-owned small businesses, including those relating to Federal procurements; and (5) special impediments suffered by small businesses owned and controlled by socially and economically disadvantaged women. Directs the Commission to recommend: (1) new private sector initiatives which would provide management and technical assistance to women-owned small businesses; (2) ways to promote greater access to financing and procurement opportunities for such businesses; and (3) other measures relating to small businesses owned and controlled by socially and economically disadvantaged women. Terminates the Commission on the date that it transmits its final report to the President and to each House of the Congress. Authorizes appropriations. Title V: Tax Reform - Amends the Internal Revenue Code to provide that the zero amount for heads of households shall be the same as the zero bracket amount for joint returns and surviving spouses. Increases the amount of the earned income tax credit from 11 percent to 16 percent of the first $5,000 of earned income. Provides for a phaseout of such credit for taxpayers with adjusted gross incomes between $11,000 and $16,000. Provides that governmental payments shall be disregarded for purposes of determining support and maintenance of a household. Provides that any refund of Federal income taxes or advance payment made to an individual by reason of the earned income credit shall not be taken into account as income for purposes of determining eligibility for benefits or assistance under any Federal program or any State or local program financed in whole or part with Federal funds. Provides for cost-of-living adjustments for the amount of the earned income credit and the phase-out thresholds of such credit beginning in 1987. Allows a refundable income tax credit for: (1) employment related dependent care expenses; plus (2) expenses for the respite care of a dependent. Sets the amount of such credit at 50 percent of the sum of such expenses. Reduces such percentage (but not below 20 percent) by one percent for each full $2,000 amount by which the taxpayer's adjusted gross income exceeds $11,000. Provides for cost-of-living adjustments to such adjusted gross income amount. Limits the amount of employment-related expenses and respite care expenses which may be taken into account for purposes of such credit. Allows such credit for expenses incurred for the care of: (1) a dependent of the taxpayer who is under the age of 15; (2) a dependent of the taxpayer who is physically or mentally incapable of caring for himself; or (3) a spouse who is incapable of caring for himself. Repeals present provisions relating to the income tax credit for dependent care expenses necessary for gainful employment. Increases the amount individuals may contribute on behalf of their spouses for purposes of the deduction for retirement savings. Provides that no deduction from gross income shall be allowed to a taxpayer for entertainment expenses for food, beverages, lodging, or entertainment incurred in connection with a facility which discriminates on the basis of race, color, religion, sex, or national origin. Exempts facilities operated by a religious organization where access is limited to members of a particular religion. Treats dues and fees paid to discriminatory facilities as nondeductible expenses. Requires the submission of a statement to the Secretary of the Treasury that a facility not open to the public does not discriminate in order for amounts paid to such facility to qualify for the entertainment expense deduction. Requires the posting of a public notice in the facility stating the nondiscriminatory policy. Permits the Secretary to revoke the acceptance of the statement of nondiscrimination. Requires the taxpayer to report on his or her income tax return any amounts paid or incurred for food, beverages, lodging, or entertainment in any facility which is not open to the public or does not serve the public in order to deduct such amounts from gross income.
United States · United States Congress · 9 May 1985
Authorizes the Alpha Phi Alpha Fraternity to establish a monument on Federal land in the District of Columbia to honor Martin Luther King, Jr. Subjects the Fraternity's design and plans for the monument to the approval of the Secretary of the Interior, the Commission of Fine Arts, and the National Capital Planning Commission. Directs the Secretary to: (1) select a site for the monument with the approval of the Commission of Fine Arts and the National Capital Planning Commission; (2) prohibit its construction unless sufficient funds are available for its completion; and (3) provide for the maintenance of the monument upon its completion. Provides that U.S. funds may not be used to establish the monument. Directs that the authority to establish the monument is contingent upon its construction beginning within five years.
United States · United States Congress · 8 May 1985
Expedited Funds Availability Act - Requires the Board of Governors of the Federal Reserve System to begin to develop a system to provide that: (1) funds deposited by checks drawn on a local depository institution shall be available for withdrawal the next business day following the day of deposit; and (2) for all other checks, not more than three business days shall pass between the day of deposit and the day on which the funds become available. Requires such system to be implemented no later than five years after the date of enactment of this Act. Requires the Board, not later than six months after the date of enactment of this Act and annually thereafter until such goal is achieved, to report to the Congress concerning the actions it has taken. Sets forth time standards for expedited check clearing in any case in which funds are deposited by check in an account at a depository institution. Requires cash deposits to be available on the next business day. Makes exceptions to such standards with respect to: (1) checks drawn on a depository institution or an office of a depository institution located outside of the United States; (2) deposits of checks aggregating more than $5,000 in any account on any business day, excluding cashier's and certified checks beginning two years after enactment of this Act; (3) deposits made by new depositors within the first 30 days after opening an account, excluding cashier's and certified checks beginning two years after enactment of this Act; (4) any account that is overdrawn three times in six months; and (5) emergencies beyond the control of the depository institution. Permits a State to require, or a depository institution to provide for, shorter time periods for deposit availability. Requires interest to accrue on funds deposited in interest-bearing accounts beginning on the business day of deposit. Requires a depository institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by check. Authorizes the Board to publish model disclosure forms and clauses for common transactions. Directs the Board to establish a Payments System Advisory Council to advise and consult with it in the exercise of its functions under this Act. Sets forth provisions governing: (1) the administrative enforcement of this Act; and (2) the civil liability of institutions that fail to comply with this title.
United States · United States Congress · 8 May 1985
National Nutrition Monitoring and Related Research Act of 1985 - Title I: Nutrition Monitoring and Related Research - Establishes a ten-year coordinated program, to be known as the National Nutrition Monitoring and Related Research Program, which will be implemented by the Secretary of Health and Human Services. Establishes an Intergovernmental Science Board for Nutrition Monitoring and Related Research to facilitate the management and implementation of such program. Directs the Secretary to appoint an Administrator of Nutrition Monitoring and Related Research Program to coordinate such program. Sets forth the functions of the Secretary with respect to such program including: (1) establishing a National Science Foundation administered matching grant program for specified nutritional and dietary purposes; and (2) submitting an annual report to the President and the Congress. Requires the Secretary to prepare and implement a comprehensive National Nutrition Monitoring and Related Research Plan which shall: (1) assess and report on U.S. nutritional and dietary trends; (2) assess and report on low-income food and household expenditures; (3) sponsor and conduct research; and (4) develop and update a national dietary and nutritional status data bank; (5) assist State and local agencies in developing procedures and networks for nutrition monitoring and surveillance; and (6) focus the activities of Federal agencies. Requires the plan to allocate the project functions and activities among the various Federal agencies and offices involved. Requires the Secretary to provide for and coordinate such scientific research and development as may be necessary to support the coordinated program and comprehensive plan. Authorizes appropriations. Title II: National Nutrition Monitoring Advisory Council - Establishes a 15-member Advisory Council to: (1) provide scientific and technical advice on the development and implementation of all components of the coordinated program and the comprehensive plan; (2) evaluate such program and plan; and (3) submit an annual report to the Secretary.
United States · United States Congress · 8 May 1985
Expresses the sense of the House of Representatives that the administration should comply with the automatic appropriation and earmarking provisions of the Wallop/Breaux Sport Fish Restoration Trust Fund. States that funds owed to the States from such Fund should not be withheld or delayed.
United States · United States Congress · 7 May 1985
Council on Industrial Competitiveness Act - Establishes in the executive branch an independent agency to be known as the Council on Industrial Competitiveness. Requires the Council to: (1) gather and analyze information regarding the competitiveness of U.S. industries; (2) create an institutional forum where national leaders will identify economic problems inhibiting the competitiveness of industries, develop long-term strategies to address those problems, and create broad consensus in support of those strategies; and (3) make recommendations on issues crucial to the development of coordinated industrial strategies. Directs the Council to examine and make available to the public all international agreements on foreign trade that have been agreed to by the United States. Directs the Council to monitor, and maintain public records regarding, the effect of imports on domestic industries. Requires the Council, not later than one year after the date of enactment of this title, to transmit a report to the Congress and the President containing recommendations for changes in any Federal policy necessary to implement effective industrial strategies. Requires the Council to make annual reports concerning the major industrial development priorities of the United States. Authorizes appropriations.
United States · United States Congress · 7 May 1985
Petroleum Marketing Practices Act Amendments of 1985 - Amends the Petroleum Marketing Practices Act to: (1) redefine the term "failure"; and (2) define the terms "constructive termination" and "similar motor fuel marketing operations." Defines "constructive termination" to mean: (1) the failure by the franchisor to supply the franchisee with motor fuel in an amount equal to the minimum specified in the franchise agreement; (2) the failure by the franchisor to make motor fuel available to the franchisee in such minimum amount at a price which enables the franchisee to compete with similar motor fuel marketing operations of the franchisor; or (3) any adjustment in the quantity of fuel a franchisee is required or entitled to receive unless the franchisor can show that either the adjustment is applied equally to all franchisees and marketing operations of the franchisor within the relevant geographic area, or, if it is a downward adjustment, the franchisor can show that it is reasonable. Authorizes a franchisee who seeks court relief to make a prima facie case of inability to reasonably compete by showing that the price charged to the customer is less than the franchisee's cost of serving such customer. Prohibits a motor fuel franchisor from constructively terminating a franchise. Requires a franchisor, in certain circumstances prior to terminating a franchise, to make a bona fide reasonable offer to transfer the franchise to the franchisee. Permits nonrenewal of a franchise relationship if the franchisor and franchisee cannot agree to changes or additions to the provisions of the franchise which are fair and reasonable. Prohibits nonrenewal because of the failure of the franchisor and franchisee to agree to changes or additions to the provisions of the franchise which relate to materially altering, adding to, or replacing the marketing premises. Permits nonrenewal, in a situation where renewal is presently permitted, when it would be uneconomical to the franchisor despite any reasonable changes acceptable to the franchisee, only if the franchisor demonstrates that the nonrenewal is not being made with the intent of avoiding competition with the franchisee. Requires a franchisor to notify a franchisee, 90 days prior to the franchisor's final opportunity to exercise an option to buy or to continue leasing the land where the franchise is located, of the name, address, and phone number of the owner or holder of the underlying lease. Provides that if a franchisee enters into an agreement with the owner or lessor to maintain possession of the premises, then the franchise agreement may continue, at the option of the franchisee. Requires any franchisor who competes with its own franchisees to supply motor fuel to its franchisees at a price and on terms which reasonably enable the franchisee to compete with the franchisor. States that the burden of proof is on the franchisor to show lack of competition. Revises the definition of "trial franchise." Permits a franchisee to maintain a civil action against a franchisor if the franchisor constructively terminates the franchise. States that the death, retirement, or disability of a franchisee shall not be grounds for termination or nonrenewal of the franchise if, prior to the franchisee's death, retirement, or disability, the franchisee provides the franchisor with a succession plan. Permits termination or nonrenewal if: (1) the franchisor notifies the franchisee in writing, within 30 days of receipt of the plan, of the franchisor's rejection of the plan; (2) the rejection notice includes reasons for the rejection; and (3) the rejection is reasonable. Provides a franchisee with the right to sell or otherwise transfer the franchise subject to the approval of the franchisor. Prohibits the franchisor from withholding such approval upon the grounds that the territory within which the franchise is operated has been designated as direct marketing territory for the franchisor.
United States · United States Congress · 7 May 1985
Older Americans Pension Coverage Protection Act of 1985 - Amends the Age Discrimination in Employment Act of 1967 to prohibit any employee benefit plan which is an employee pension benefit plan from requiring or permitting the suspension of an employee's benefit accrual because of age before accruing the maximum normal retirement benefit. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to prohibit specified types of plans from suspending or reducing the rate of an employee's benefit accrual or employer contributions to the employee's account solely because of age.
United States · United States Congress · 7 May 1985
Cultural Property Repose Act of 1985 - Prohibits a foreign state from bringing an action in any U.S. or State court to recover possession of or obtain damages related to any archaeological or ethnological material or any article of cultural property which has been in the United States under specified circumstances. Applies such prohibition to pending court proceedings.
United States · United States Congress · 6 May 1985
Gifted and Talented Children's Education Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to add this Act as part A (Gifted and Talented Children) of title IX (Additional Programs) of ESEA. Authorizes appropriations for FY 1986 through 1990 for programs for gifted and talented children. Directs the Secretary of Education to reserve a specified portion of such funds for discretionary programs. Requires that the remainder of such appropriations be available for State programs. Sets forth provisions for State programs. Directs the Secretary to make grants to State educational agencies (SEAs) for the Federal share of the costs of planning, developing, operating, and improving programs to meet the educational needs of gifted and talented children at the preschool, elementary, and secondary levels. Permits such programs to include: (1) inservice training of personnel to teach such children; (2) demonstration programs designed to develop special techniques for teaching such children, and assessments of such programs; and (3) State leadership programs to assist in extending programs for such children throughout the State. Directs the Secretary to allot such funds in accordance with specified provisions. Requires SEA applications for such grants to contain specified assurances, including the assurance that appropriate consideration will be given to the particular educational needs of disadvantaged gifted and talented children. Prohibits an SEA from reserving more than ten percent of grant funds for program administration, technical assistance, coordination, and statewide planning. Requires an SEA to distribute, on a competitive basis, at least 90 percent of grant funds to local educational agencies (LEAs) which apply, with due regard for the quality of the proposed activities. Requires an SEA to use at least 50 percent of grant funds for programs and projects which include a component for the identification and education of disadvantaged gifted and talented children from low-income families. Permits use of grant funds for instructional equipment only if such equipment will enhance the program or project. Prohibits SEA approval of an LEA application unless the needs of children in nonprofit private elementary and secondary schools have been taken into account. Requires the SEA to provide technical assistance for proposals and programs of LEAs which are unable to compete due to smaller size or lack of financial resources. Requires that an opportunity for a hearing be afforded before the Secretary may disapprove an application which does not meet specified requirements. Sets forth provisions for discretionary programs relating to education of gifted and talented children. Authorizes the Secretary, from amounts reserved for discretionary programs, to pay the Federal share of the costs of grants or contracts to SEAs, LEAs, institutions of higher education, and other public or private organizations for: (1) leadership training of personnel engaged in the education of gifted and talented children; (2) an information clearinghouse; and (3) research, evaluation, and related activities. Sets forth application requirements for discretionary program grants and contracts. Applies specified ESEA requirements relating to private school pupil and teacher participation in such discretionary programs, unless such requirements cannot be legally met in the State. Sets forth provisions for State allotments of appropriations for programs for gifted and talented children. Directs the Secretary to allot up to one percent of such appropriations, in accordance with their respective needs, among: (1) Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands; (2) programs in schools operated for Indian children by the Department of the Interior; and (3) programs in overseas dependent schools of the Department of Defense. Directs the Secretary to allot the remainder among applicant States on the basis of numbers of children aged five through 17, with a $50,000 minimum allotment to each State. Sets forth provisions for reallotment of any State allotment exceeding the amount a State needs and will be able to use in a fiscal year. Directs the Secretary to designate an administrative unit within the Office of Education to administer and coordinate programs for gifted and talented children and youth. Provides that any Indian tribe or Hawaiian organization which operates schools for its children shall be deemed an LEA for purposes of this Act. Makes the Federal share for any fiscal year 90 percent, but 100 percent for programs and projects involving participation of private school students.
United States · United States Congress · 6 May 1985
Amends title XVIII (Medicare) of the Social Security Act to provide that nursing care and home health aid services may be provided on a daily basis as home health services for up to 90 days with monthly physician certification of the need for such services, and after the 90 day period on a physician certification of exceptional circumstances.
United States · United States Congress · 2 May 1985
Establishes a Commission on Employment Discrimination in the Legislative Branch. Directs the Commission to: (1) employ a nongovernmental consultant to study the compensation paid to Library of Congress personnel and analyze personnel policies of the Library; (2) evaluate the compensation system of the Library for compliance with title VII of the Civil Rights Act of 1964 and make any recommendations needed to achieve compliance; (3) develop a plan for the application of title VII through the legislative branch; and (4) make recommendations to the Congress for improvement of personnel policies and practices in the legislative branch. Directs the Commission to submit a final report to the Congress 18 months after enactment of this Act. Terminates the Commission 30 days after submission of the final report.
United States · United States Congress · 30 April 1985
Truth in Savings Act - Requires each advertisement, announcement, or solicitation made by any depository institution regarding the rate of interest payable on any account to: (1) state the annual percentage yield and the method of compounding interest; (2) state the annual rate of simple interest and the period such interest is in effect; (3) state the frequency of interest payments; (4) give equal prominence to all annual percentage yields and annual rates of simple interest; and (5) include specified statements explaining how fees and penalties could affect the annual yield and how the yield on accounts which mature in less than one year is determined on the basis of compounding for an entire year. Requires the annual percentage yield to be stated before the annual rate of simple interest. Requires an institution to give a person a written summary of such information concerning an offered account upon request. Requires each depository institution to maintain a written schedule of all fees, charges, and terms and conditions applicable to each type of account and service routinely offered. Requires that such schedule be disclosed to potential customers and requesting individuals and mailed to account holders. Directs the Board of Governors of the Federal Reserve System to prescribe: (1) uniform terminology to be used by depository institutions to describe interest rates and other terms affecting account earnings; and (2) uniform methods of calculating annual rates of simple interest and annual percentage yields. Provides for the enforcement of this Act.
United States · United States Congress · 30 April 1985
Comprehensive Alzheimer's Assistance, Research, and Education Act of 1985 - Title I : Amendment to the Public Health Service Act - Amends the Public Health Service Act to establish a National Alzheimer's Education Program to: (1) coordinate education and training programs of the National Institutes of Health (NIH), the Veterans Administration, other Federal entities, State and local governments, and private organizations; (2) establish an information clearinghouse; (3) provide information to health care providers, organizations, patients, and the general public; and (4) provide technical assistance to States and public and private organizations in the collection and dissemination of information. Authorizes appropriations for FY 1986 through 1988 for such purposes. Directs the Secretary of Health and Human Services to make grants to States to plan, establish, and operate programs to: (1) coordinate the development and operation of diagnostic, treatment, care management, respite care, legal counseling, and education services provided by public and private organizations within the State; (2) provide respite care to patients with Alzheimer's disease and related disorders; (3) provide information to health care providers, organizations, and the general public on treatment and related services for patients and their families; (4) coordinate the development and operation of continuing education for health care providers on the diagnosis, treatment, and care management of Alzheimer's disease and related disorders; (5) review State policies on the financing and reimbursement of health care costs for such patients; (6) review State nursing home regulations as they apply to such patients; and (7) coordinate with the National Alzheimer's Education Program. Limits Federal grants for such programs to the lesser of one half the cost or $1,000,000. Authorizes appropriations for FY 1986 through 1988. Directs the Secretary to establish a plan for a research program for the study of Alzheimer's disease and related disorders. Directs the Secretary to make grants and enter into contracts with public and private entities for ten to 20 Alzheimer's disease research centers. Authorizes appropriations for FY 1986 through 1988. Provides for the recovery from Alaska of Federal grants provided under the Public Health Service Act if within 20 years from the date of completion of a medical facility, such facility ceases to be a publicly owned facility operated for the care or treatment of patients under Alaska's mental health program. Title II: Medicare and Medicaid Research, Demonstrations, and Waivers - Directs the Secretary to conduct research, waiver, and demonstration projects under the Medicare and Medicaid provisions of the Social Security Act to determine the: (1) coverage of alternative methods of health care for patients with Alzheimer's disease and related disorders; (2) coverage of nursing home care; and (3) appropriate reimbursement levels for nursing homes with such patients. Title III: Report - Directs the Secretary to report to the Congress within two years after the date of enactment.
United States · United States Congress · 30 April 1985
Directs the Secretary of Health and Human Services to provide for Medicare (title XVIII of the Social Security Act) demonstration projects in at least four States, under which: (1) the Secretary would contract with one or more health maintenance organizations or competitive medical plans (organizations) to perform the functions both of intermediaries under part A (Hospital Insurance) of title XVIII and carriers under part B (Supplementary Medical Insurance) with respect to benefits furnished in a State; (2) if the Secretary contracts with one organization in an area, the Secretary must permit any other organization in the area to enter into such a contract; (3) individuals residing in the State covered by the project and entitled or enrolled under part A or B of title XVIII would be required to enroll with at least one participating organization, but may elect to receive any covered service through any qualified Medicare provider; (4) an organization may offer additional benefits, at no additional cost; (5) an organization will not charge copayments or deductibles if a beneficiary is enrolled with and receives benefits directly from the organization; (6) each organization would receive payment at an annual per capita rate equal to 95 percent of the adjusted per capita cost; and (7) each organization shall have the right of final claim review for necessity and appropriateness of items and services furnished. Directs the Secretary to submit to the Congress a protocol report concerning such demonstration projects and annual reports.
United States · United States Congress · 29 April 1985
Multilateral Development Bank Act of 1985 - Title I: Special Facility for Sub-Saharan Africa - Amends the International Development Association Act to direct the Secretary of the Treasury to pay specified amounts to the Special Facility for Sub-Saharan Africa administered by the International Development Association. Authorizes appropriations. Title II: African Development Fund - Amends the African Development Fund Act to authorize the U.S. Governor of the African Development Fund to contribute a specified amount to the Fund. Authorizes appropriations to pay for such contribution. Title III: International Bank for Reconstruction and Development - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Bank for Reconstruction and Development to vote for an increase in the authorized capital stock of the Bank and to subscribe on behalf of the United States to a specified number of additional shares of such stock. Authorizes appropriations to pay for such shares. Title IV: International Finance Corporation - Amends the International Finance Corporation Act to authorize the U.S. Governor of the International Finance Corporation to vote for an increase in the authorized capital stock of the Corporation and to subscribe on behalf of the United States to a specified number of additional shares of such stock. Authorizes appropriations to pay for such shares. Title V: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 29 April 1985
Designates the week beginning on April 13, 1986, as National Garden Week. Urges the wearing of garden flowers during that week as a symbol of appreciation for the contributions of the Nation's gardeners.
United States · United States Congress · 24 April 1985
Authorizes election agencies to mail voter registration forms, absentee ballots, and certain related materials free of postage. Declares that this Act does not apply to mail matter transmitted under the Federal Voting Assistance Act of 1955 or the Overseas Citizens Voting Rights Act of 1975.
United States · United States Congress · 24 April 1985
Korean War Memorial Act - Directs the Secretary of the Interior to erect and maintain a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. armed forces who served in the Korean War. Subjects the selected site, design, and plans for the construction of such memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission. Authorizes appropriations.
United States · United States Congress · 23 April 1985
Authorizes the President, on behalf of the Congress, to present a gold medal honoring George Gershwin to his sister, Frances Gershwin Godowsky, and a gold medal honoring Ira Gershwin to his widow, Lenore Gershwin. Directs the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 18 April 1985
Expresses the sense of the Congress that the public schools of the United States should be encouraged to include a study of the Holocaust in their history curricula.
United States · United States Congress · 4 April 1985
Requires the initial report of the National Drug Enforcement Policy Board to include: (1) a comprehensive assessment of the current and potential contribution of synthetic narcotic analogs (designer drugs) to the illegal narcotics problem in the United States; (2) proposals for illegal drug law enforcement strategies to prevent the manufacture and distribution of synthetic narcotic analogs; and (3) recommendations to the Congress for necessary legislation to eliminate the manufacture and distribution of illegal synthetic narcotic analogs.
United States · United States Congress · 4 April 1985
Federal Drug Law Enforcement Agent Protection Act of 1985 - Amends the Controlled Substances Act to authorize awards of up to $100,000 to any individual who provides original information which leads to the arrest and conviction of a person who kidnaps or kills a Federal drug law enforcement agent. Provides that the money for such rewards be taken from the forfeiture proceeds within the Department of Justice.
United States · United States Congress · 4 April 1985
Parental and Disability Leave Act of 1985 - Title I: General Requirements for Parental and Disability Leave - Entitles each employee to disability leave (for nonoccupational medical reasons) of not fewer than 26 workweeks in any one calendar year. Provides that such leave need not be taken consecutively and may consist of unpaid leave. Requires any employer which provides temporary nonoccupational disability leave or benefits, or both, to provide such leave or benefits in such a manner that each employee is entitled to a minimum of 26 workweeks of disability leave in any one calendar year. Provides that, if the benefits provided are paid benefits for a period of less than 26 weeks, the additional weeks of leave which are added to meet the 26-week minimum may be unpaid. Directs the Secretary of Labor to promulgate regulations governing employer verification of employees' eligibility for such leave. Requires that the same standards, procedures, or other requirements so imposed apply to all temporary disabilities. Entitles each employee to parental leave (for birth, adoption, or serious illness of a child) of not fewer than 18 workweeks in any two years upon advance notice to his or her employer. Provides that such leave need not be taken consecutively and may consist of unpaid leave. Requires any employer which provides parental leave or benefits, or both, to provide such leave or benefits in such a manner that each employee is entitled to a minimum of 18 workweeks of parental leave in any two calendar years. Provides that, if the benefits provided are paid benefits for a period of less than 18 weeks, the additional weeks of leave which are added to meet the 18-week minimum may be unpaid. Directs the Secretary of Labor to promulgate regulations governing: (1) employer verification of employees' eligibility for such leave; and (2) the form, content, and timing requirements of the notice to the employer. Entitles each employee who exercises his or her right to a disability leave or a parental leave under this Act, upon expiration of such leave, to be restored by the employer to the position held by the employee when the leave commenced or to an equivalent position. Requires the employer to maintain any existing health benefits of the employee for the duration of such disability or parental leave period. Entitles each employee, at his or her option, to take such disability or parental leave on a reduced leave schedule. Limits to a maximum of 39 consecutive weeks the total time over which such reduced leave schedule may be spread. Sets forth prohibitions against retaliation. Makes it unlawful to interfere with an individual's exercise of rights or participation in proceedings or inquiries under this title. Provides that any negative material change in the seniority, status, employment benefits, pay, or other terms or conditions of the position of an employee which occurs within one year of restoration to the position, or within one year of the termination of proceedings or inquiries, shall be presumed to be prohibited retaliation. Sets forth provisions for enforcement of this title. Gives an employee the right to bring a civil action against an employer to enforce the provisions of this title. Authorizes the Secretary to bring such actions, except against any public agency. Gives U.S. district courts original jurisdiction over such actions. Sets forth venue provisions. Provides for equitable relief, damages, punitive damages, and reasonable attorneys' fee and costs in such actions. Requires that the Secretary be notified of any such action. Gives the Secretary the right to intervene in any such action brought by an employee. Gives any aggrieved person the right to intervene in any such action brought by the Secretary. Sets forth a statute of limitations and a limitation on the period of recovery. Sets forth provisions for attorneys for the Secretary in such actions. Sets forth the investigative authority of the Secretary to determine whether any person has violated or is about to violate any provision of this title or any regulation or order issued thereunder. Limits required submissions, for purposes of such investigations, to an annual basis, unless the Secretary has reasonable cause to believe that there may be a violation. Authorizes the Secretary to prescribe regulations to carry out this title. Authorizes appropriations to enable the Secretary to carry out functions or duties under this title. Sets forth provisions relating to the effect of this title on Federal laws, State and local laws, and existing employment benefits. Title II: Commission to Recommend Means to Provide Salary Replacement for Employee Taking Parental and Disability Leaves - Establishes the Paid Parental and Disability Leave Commission. Sets forth provisions for Commission membership, including provisions to ensure a broad representation of child advocacy, women's rights, labor, management, and academic interests. Directs the Commission to: (1) study domestic and foreign systems, both existing and proposed, which provide workers with full or partial salary replacement or other income protection during periods of nonoccupational temporary disability leave, parental leave, and dependent care leave; (2) produce a comprehensive written analysis of such systems, including recommendations for implementation of such a system for all workers in the United States; and (3) propose legislation to implement a system of salary replacement for temporary nonoccupational disability leave (within two years after the effective date of this Act) and for parental leave. Sets forth provisions relating to Commission powers, administration, and compensation of members. Provides that the Commission shall prepare and submit to the Congress such interim reports as the Commission deems appropriate, but requires that its report and proposed legislation to provide salary replacement for employees on nonoccupational temporary disability be submitted to the Congress within two years of the date of enactment of this Act. Terminates the Commission 30 days after the submission of its final report.
United States · United States Congress · 4 April 1985
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide coverage for outpatient occupational therapy services.
United States · United States Congress · 4 April 1985
Financial Services Access Act - Requires each federally insured depository institution to offer at least one type of account which: (1) is available only to individuals who have $1,000 or less on deposit; (2) requires direct deposit of all recurring Federal payments to the individual; (3) provides notification of the receipt of a direct deposit; (4) has no minimum balance requirements and no service charges or fees for routine transactions; (5) limits an individual to ten transactions a month; (6) requires the institution to provide a monthly statement or passbook listing all account transactions; (7) does not restrict the individual to the use of automated teller machines or other non-teller services; and (8) pays interest. Requires an institution, on request, to provide an individual a summary description of such account offered by such institution. Requires the Board of Governors of the Federal Reserve System to pay interest to depository institutions on all reserves required for such accounts. Amends the Community Reinvestment Act of 1977 to require the appropriate Federal financial supervisory agency to assess an institution's compliance with this Act when examining such institution. Provides for the administrative enforcement of the requirements of this Act by the appropriate Federal banking agencies.
United States · United States Congress · 3 April 1985
Amends Federal law to allow Federal employees overtime pay for travel time incident to the performance of work or training outside the regularly scheduled administrative workweek.
United States · United States Congress · 3 April 1985
Civil Service Retirement Spouse Equity Amendments of 1985 - Amends the Civil Service Retirement Spouse Equity Act of 1984 to apply the guidelines regarding the termination of annuity benefits for survivors of Federal retirees who remarry before age 55, and the guidelines regarding restoration of such benefits upon dissolution of such remarriages, to: (1) remarriages occurring on or after the date of enactment of such Act (November 8, 1984); and (2) periods beginning on or after such date. (This would permit survivors who were widowed before May 8, 1985, the effective date of the guidelines, to remarry at age 55 without losing their benefits.) Provides that a survivor's annuity shall be either 55 percent of the Federal retiree's annuity or that portion which the retiree has designated for survivor annuity benefits. Permits a Federal retiree to elect a survivor's annuity for a former spouse within 18 months of the effective date of certain regulations under this Act (thus granting an 18 month extension to annuitants who wish to modify a previous election.) Allows Federal retirees who have elected a survivor's annuity for a former spouse before certain implementing regulations become effective to modify such election by designating in writing that only a portion of such annuity is to be used as the base for the former spouse's survivor annuity. Directs the Office of Personnel Management to prescribe regulations to implement the survivor annuity provisions, including regulations for making refunds pursuant to an annuitant's election modifications. Permits certain former spouses of Federal retirees who are entitled to a survivor's annuity to enroll in an approved Federal employees health benefits program within 12 months after the date of enactment of this Act. Applies survivor's annuity benefits guidelines to individuals married to Federal retirees as of the effective date of this Act unless: (1) the retiree notifies in writing that such benefits are not desired; or (2) the retiree has married after retirement and did not make a survivor's annuity election before enactment of this Act. Permits Federal retirees who have retired within 180 days after enactment the Civil Service Retirement Spouse Equity Act of 1984, and whose spouses have been precluded for certain reasons from receiving survivor annuity benefits, to elect for such benefits in writing within 18 months of the effective date of certain regulations prescribed by the Office of Personnel Management. Establishes guidelines under which certain survivor annuity elections shall be prospectively voided. Amends the annuity computation guidelines to provide that annuity elections made by married employees (or Members of Congress) on behalf of a spouse may be made only if any right of such spouse to a survivor annuity based on the annuitant's service is waived. Directs the Office of Personnel Management to notify Federal retirees who are retired as of the 180th day after enactment of the Civil Service Retirement Spouse Equity Act of 1984 of the procedures and deadlines applicable to the exercise of their rights under such Act.
United States · United States Congress · 3 April 1985
Directs the Secretary of Labor (the Secretary) to: (1) develop model criteria that States can use in approving training programs for individuals receiving unemployment compensation and in approving individuals to participate in such programs; (2) provide technical assistance to States in developing and implementing such criteria; and (3) make available information concerning State laws and regulations with respect to such programs. Sets forth the responsibilities of State Governors for the approval of such training programs and the approval of individuals' participation in such training. Directs Governors, in connection with the State unemployment compensation program, to designate State agencies for such purposes. Requires the designated State agency to approve any training program offered by an accredited training or educational institution, and to approve an individual's participation in an approved training program, unless the agency determines that the training is entirely unrelated to employment or is for a vocation for which employment opportunities do not exist and are unlikely to become available. Directs the Secretary to conduct a study to evaluate the implementation of such provisions for Federal assistance and State responsibilities with respect to such training programs for individuals receiving unemployment compensation. Requires that such study be conducted over a 12-month period and involve at least five States, at least three of which are actively involved in such implementation. Sets forth considerations to be included in such study. Directs the Secretary to transmit such study to the Congress by October 1, 1988. Amends title XII (Advances to State Unemployment Funds) of the Social Security Act to direct the Secretary of the Treasury to annually credit to a State's Unemployment Trust Fund account the amount paid by the State as unemployment compensation to individuals who, while receiving such compensation, were in an approved training program. Provides that any such amount so credited shall be used to reduce the interest owed on the balance of advances made to the State's Unemployment Trust Fund account. Amends title III (Grants to States for Unemployment Compensation Administration) of the Act to require a State's annual report to the Secretary to include certain information concerning unemployment compensation paid to individuals in approved training programs. Directs the Secretary to report to Congress annually concerning unemployment compensation paid to individuals in training. Provides that the provisions of this Act and activities carried out pursuant to such provisions shall not be taken into consideration in determining whether there has been a net decrease in the solvency of any State unemployment compensation system.
United States · United States Congress · 2 April 1985
Medicare and Medicaid Patient and Program Protection Act of 1985 - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to exclude from participation in programs under title XVIII (Medicare) of the Social Security Act any individual or entity: (1) convicted of a criminal offense related to the delivery of an item or service under title XVIII or under titles XIX (Medicaid), V (Maternal and Child Health Block Grant), or XX (Block Grants to states for Social Services) of such Act; or (2) convicted of a criminal offense related to neglect or abuse of patients in connection with the delivery of a health care item or service. Authorizes the Secretary to exclude from Medicare participation any individual or entity: (1) convicted of fraud with respect to any Federal, State, or locally financed health care program; (2) convicted of interferring with the investigation of health care fraud; (3) convicted of manufacturing, distributing, or dispensing a controlled substance; (4) whose health care license has been suspended or revoked; (5) suspended or excluded from participation in a Federal health care program; (6) claiming excessive charges or providing unnecessary services; (7) committing certain acts prohibited under title XI; (8) owned or controlled by an individual convicted of health care related crimes, fined for health care abuses, or excluded from Medicare or a State health care program; and (9) failing to supply certain information. Authorizes the Secretary to exclude any hospital failing to comply with corrective action required under title XVIII. Sets forth provisions relating to notice requirements, judicial review, and period of exclusion. Directs the Secretary to promptly notify each appropriate State agency administering or supervising the administration of a State health care program of each exclusion and the period of exclusion. Permits an excluded individual or entity to apply, following a period exclusion, to the Secretary for reinstatement. Sets forth provisions providing for civil and criminal penalties for acts involving Medicare or State health care programs abuse, including penalties for physician misrepresentations. Requires a State, as a condition of Medicaid plan approval, to provide for the following: (1) a system of reporting any type of adverse action concluded against any health care practitioner or entity by the State or a local licensing authority; and (2) such access to documents as may be necessary by the Secretary. Requires the Secretary to provide suitable safeguards for the confidentiality of such information. Requires any health care provider providing health care services for which payment may be made under the Act to assure that services or items furnished: (1) will be provided economically and only when, and to the extent, medically necessary; (2) will be quality services which meet professionally recognized standards of health care; and (3) will be supported by evidence of medical necessity and quality in such form and fashion and at such time as may reasonably be required by a reviewing peer review organization in the exercise of its duties and responsibilities. Permits a State to exclude from Medicaid participation any individual or entity excluded under Medicare pursuant to the patient and program protection provisions. Requires a State in order to receive Federal payments with respect to a health maintenance organization (HMO) to exclude any HMO that: (1) could be excluded because of the conviction of the owners or managers of certain crimes; or (2) contracts with any individual or entity convicted of such crimes. Prohibits Federal payments with respect to any amount expended for items or services furnished with respect to any individual or entity excluded from Medicaid participation because of the patient and program protection provisions. Prohibits a State under title V from making payments to any individual or entity excluded from participation pursuant to the patient and program protection provisions. Prohibits Federal payments with respect to any amount expended for items or services furnished with respect to any individual or entity excluded from Medicare because of the patient and program protection provisions of part A of title XI. Prohibits using a grant under title XX for payment for any item or service furnished by a person excluded from title XX participation because of the patient and program protection provisions of title XI. Revises disclosure requirements under part A of title XI. Revises Medicare provisions concerning agreements with providers. Modifies the Medicaid moratorium provisions of the Deficit Reduction Act of 1984 to consider a State's Medicaid plan to include any plan change submitted to the Secretary either before or after the enactment of that Act and whether or not approved or disapproved by the Secretary. Sets forth effective date provisions.
United States · United States Congress · 2 April 1985
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate the benefit disparity between those born before 1916 and those born after 1916 which was effected by the enactment of the Social Security Amendments of 1977. Directs the Secretary of Health and Human Services to recompute the primary insurance amount so as to take into account the amendments made by this Act and to pay to any individual so entitled any additional lump sum amount to which such individual is entitled by reason of this Act. Prohibits the recomputation from reducing any individual's benefit.
United States · United States Congress · 2 April 1985
Military Chaplains Faith Balance Act of 1984 - Directs the Secretary of Defense to increase the representation of underrepresented religious faiths among armed forces chaplains.
![Official portrait of Rep. Oakar, Mary Rose [D-OH-20]](https://www.congress.gov/img/member/o000001_200.jpg)