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 · 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
Designates August 14, 1985, as Social Security Day and the week of August 11 through August 17, 1985, as Social Security Week. Authorizes and requests the President to commemorate August 14, 1985, as the 50th anniversary of the Social Security Act.
United States · United States Congress · 23 May 1985
Amends the Food Stamp Act of 1977 to require: (1) each State agency to submit to the Secretary of Agriculture a statistically reliable sample of cases for purposes of quality control review; (2) the Secretary to analyze such information and notify the State agency of its error rate; and (3) the State agency to develop, submit to the Secretary, and implement a corrective action plan. Directs the Secretary to: (1) waive the requirement of a corrective action plan where a State's error rate has been consistently below the "target" error rate; (2) establish corrective action plan criteria; (3) monitor the implementation of any such plans; and (4) reduce a State's federally funded share of administrative costs if its error rate exceeds "target" rates. Provides with regard to such financial sanctions that: (1) the Secretary may waive such sanctions based on a State's good faith effort to reduce its error rate; (2) sanctions shall be reduced by the amount of collections from allotments to ineligible households or from overissuances to eligible households; and (3) the Secretary waive such sanctions if a State spends the sanction amount on implementation of a corrective action plan. Sets (fiscal year) error rate tolerance levels at five percent adjusted by specified socio-economic factors. Imposes a one-year moratorium on sanctionable food stamp program errors, and a 90-day moratorium on administrative errors. Directs the Secretary to: (1) conduct a study of client errors and broader performance measures; and (2) report to the Congress within one year.
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 · 22 May 1985
Korean War Veterans Memorial Act of 1985 - Authorizes the American Battle Monuments Commission to erect 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. Directs that, upon its completion, the memorial shall be turned over to the Department of the Interior which shall then be solely responsible for its maintenance. Authorizes appropriations.
United States · United States Congress · 15 May 1985
Amends the Railroad Unemployment Insurance Act to provide that unemployment benefits and sickness benefits of railroad employees will not be reduced by reason of receipt of certain unrelated social insurance benefits.
United States · United States Congress · 15 May 1985
Amends the Railroad Retirement Act of 1974 to provide that the surviving spouses of noncurrent connected (i.e., ex-railroad) workers who die before reaching retirement age will be paid both tier I (social security equivalent, covering both rail and nonrailroad) and tier II (industry pension equivalent, covering railroad employment only) benefits by the Railroad Retirement Board. Makes all noncurrent connected survivors eligible for survivors' benefits, with such benefits to be financed by a reduction in retiree and spouse benefits. Requires the consent of both the retiree and the spouse to waive such survivors' benefits, with specified exceptions.
United States · United States Congress · 15 May 1985
Amends the Railroad Retirement Act of 1974 to modify the "years of service" credit for military service. Includes all military service as years of service in computing the amount of an annuity for a retired railroad employee.
United States · United States Congress · 15 May 1985
Amends the Railroad Retirement Act of 1974 to provide that any worker with 25 or more years of railroad service shall have a "current connection" status for purposes of benefit eligibility (whether or not such individual works for a nonrailroad employer after leaving railroad employment).
United States · United States Congress · 15 May 1985
Amends the Railroad Retirement Act of 1974 to provide spouse's annuity benefits for certain disabled spouses of railroad employees and for certain spouses of disabled railroad employees. Provides such spouse's annuity benefits under specified conditions, regardless of whether the spouse has reached retirement age or is caring for young children at home, to: (1) a disabled spouse of an annuitant (a railroad worker receiving retirement or disability benefits); and (2) a spouse of an annuitant if such annuitant needs constant care and attendance.
United States · United States Congress · 15 May 1985
Amends the Railroad Retirement Act of 1974 to provide for continued receipt of disability benefits during a trial work period similar to that provided under the Social Security Act.
United States · United States Congress · 15 May 1985
Amends the Railroad Retirement Act of 1974 to remove the requirement that a railroad worker must file for retirement annuity benefits before that worker's divorced spouse may file for, and be eligible to receive, the divorced spouse's annuity.
United States · United States Congress · 15 May 1985
Amends the Railroad Retirement Act of 1974 to provide that a tier I annuity benefit (subject to the social security earnings limit) shall be payable (from the social security equivalent account) to an individual (or to a spouse, divorced spouse, or survivor) without regard to the "last employer" rule and certain related rules. Applies certain social security work deductions to such tier I annuities.
United States · United States Congress · 15 May 1985
Amends the Internal Revenue Code to allow 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 $1,000 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.
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
Expresses the sense of the House of Representatives that the United States should ratify the Convention on the Prevention and Punishment of the Crime of Genocide. Declares that the House will act expeditiously to implement this legislation.
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
Authorizes the Society of the Third Infantry Division to erect a memorial on public grounds in the District of Columbia or its environs in honor of the men of the "Rock of the Marne" of the Third Infantry Division who served in both World Wars, Korea, and maintaining peace. Authorizes the Secretary of the Interior to select a site for the memorial subject to the approval of the National Commission of Fine Arts, the National Capital Planning Commission, and, under certain circumstances, the Mayor of the District of Columbia. Subjects the design and plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Directs that the maintenance and care of the memorial shall be the Secretary's responsibility unless the memorial is on public grounds under the jurisdiction of the District of Columbia in which case such duties fall on the District of Columbia. Provides that funds of the United States or the District of Columbia may not be used to erect the memorial. Directs that the authority to establish the memorial is contingent upon its erection beginning within five years with funds sufficient to ensure its completion.
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
Field Office Closing Justification Act - Requires executive agencies (except the General Accounting Office and the Department of Defense) to report to the Congress prior to any personnel action respecting an employee assigned to any field office which is incidental to a reorganization of such field office. Describes such personnel action as removal, reduction in grade or pay, involuntary reassignment, or furlough.
United States · United States Congress · 7 May 1985
Farm Policy Reform Act of 1985 - Title I: Agricultural Commodity Supply Management - Amends the Agricultural Act of 1949, effective for the 1986 through 1999 crops, to require the Secretary of Agriculture to conduct referendums (August of 1985, 1989, 1993, and 1997) to determine by majority vote if a mandatory supply management program shall be in effect for the succeeding four-year program period. Provides that the Secretary shall determine the farm program for the succeeding four-year period if such referendum fails. Provides for 36-month loans at rates of 70 percent of parity for 1986 with two-percent annual increments rising to 90 percent of parity for 1996 through 1999. Eliminates target prices. Directs the Secretary to proclaim a national marketing quota (for each commodity) for each of the 1986 through 1999 crops based on domestic and export demands, and food aid and carryover requirements. Directs the Secretary to proclaim a national acreage allotment for each of the 1986 through 1999 crop years. Requires producers who earn more than 50 percent of their gross income from nonfarm sources to set aside an additional ten percent of eligible crop acreage. Permits the Secretary to award bonus acres if the allotment request totals do not exceed the national marketing quota. Directs the Secretary to issue marketing certificates for each commodity at the same time acreage allotments are assigned. Bases such certificates on the higher of county average yield or farm yield. Permits adjustments. Permits excess production to be: (1) used for on-farm use; (2) stored and marketed in the subsequent year; (3) donated for specified foreign food assistance programs; and (4) sold to the Commodity Credit Corporation (CCC) for 50 percent of the loan level. Requires producers to apply conservation measures (including haying and grazing or wildlife use) to set-aside acres. Directs the Secretary to establish a farmers disaster reserve (in lieu of crop insurance) for each commodity for the 1986 through 1999 crop years. Requires producers to contribute a portion of their production to such reserve. Provides that in the event of a disaster, producers will receive 90 percent of their marketing certificate amount reduced by actual production, not to exceed an annual value of $360,000. Permits the use of CCC stocks to supplement insufficient reserve stocks. Amends the National Wool Act to extend the wool and mohair program through 1990. Suspends marketing quota, certificate, and other specified provisions of current law with regard to the 1986 through 1999 wheat and feed grain crops. Title II: Agricultural Credit - Amends the Consolidated Farm and Rural Development Act to limit Farmers Home Administration (FmHA) guaranteed ownership and operating loans to ten percent of such total loans. Requires farm recordkeeping training for limited resource borrowers. Limits direct operating loans to any individual to $200,000, except that no more than 25 percent of the funds may be used for loans in excess of $100,000. Limits similar guaranteed operating loans to $400,000, except that no more than 25 percent of guaranty authority may be for loans in excess of $200,000. Limits total individual indebtedness to $500,000. Revises FmHA emergency loan provisions, including: (1) making such loans more family-farm oriented; (2) reducing the individual loan ceiling; and (3) making such loans available only to persons unable to secure credit elsewhere. Provides for loan (principal and interest) and foreclosure deferrals for up to five years, for the period 1986 through 1999. Sets forth loan default provisions. Expands county committee membership to five, of which three must be farmer-elected. Sets forth time limits for approval of FmHA loans and loan guarantees. Establishes an appeals procedure for FmHA loan applications, including: (1) written notice of an adverse decision; and (2) opportunities for informal and formal hearings. Limits the leasing or sale of FmHA-held land to persons who are eligible for FmHA ownership or operating loans. Sets forth a priority order for such dispositions, with first priority for limited resource borrowers. Directs the Secretary to sell to such borrower at a price which reflects the average expected income from such land. Authorizes the Secretary to make or insure loans to assist borrowers. Directs the Secretary to conduct an ongoing search to identify, publicize, and transfer such farmland to eligible borrowers. Requires the Secretary to furnish borrowers with loan summary statements at least once a year. Increases from 20 percent to 25 percent the amount of FmHA ownership and operating loans for limited resource borrowers. Directs the Secretary to: (1) conduct a study of the appropriateness of the FmHA "Farm and Home Plan"; and (2) report within 120 days to the appropriate congressional committees. Title III: Agricultural Exports and Imports - Subtitle A: Agricultural Exports - Amends the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480) to permit local currency sales to developing countries with a per capita gross national product of $500 or less. Authorizes grants to private entities for projects to improve storage and marketing or expand private enterprise. Requires using at least $500,000,000 annually for FY 1985 through 1988 for an intermediate export credit program. Increases minimum food relief tonnage under title II of P.L. 480 for FY 1985 through 1990. Requires at least 60 percent of such commodities to be in the form of processed and fortified foods. Authorizes multiyear agreements with nonprofit voluntary agencies. Requires such agencies to maintain an operating reserve of at least 15 percent in disaster or drought-prone areas. Directs the Secretary to maintain a processed product and fortified grain reserve. Increases famine relief funding for: (1) CCC reimbursement; and (2) foreign currency purchases. Directs the President, to the extent possible, to enter into multilateral agreements with other food exporting nations to aid needy nations. Subtitle B: Agricultural Imports - Directs the Secretary to utilize existing law to minimize agricultural and food imports. Amends the Federal Meat Inspection Act to require country of origin labeling of imported meat. Requires eating establishments serving imported meat to so inform patrons. Title IV: Soil and Water Conservation - Subtitle A: Soil and Water Conservation - Amends the Soil Conservation and Domestic Allotment Act to direct the Secretary to establish a training program for Soil Conservation Service personnel. Directs the Secretary to: (1) promote energy and water conservation through dry land farming; and (2) strengthen the role of local and state committees. Requires producers to use agricultural conservation program payments and grants in accordance with a conservation plan approved by the local soil and water conservation district or by the Secretary. Directs the Secretary to provide technical assistance. Directs the Secretary to enter into ten-year conservation reserve program contracts to promote soil and water conservation on erosion-prone land. Authorizes appropriations. Authorizes the Secretary to enter into five-year contracts to reduce water use from underground aquifers to irrigate land. Authorizes appropriations. Subtitle B: Highly Erodible Land Conservation - Makes any person who cultivates crops on highly erodible land ineligible for five years for: (1) price supports; (2) farm storage facility loans; (3) crop insurance; (4) disaster payments; or (5) specified other agricultural loans. Exempts crops planted: (1) on land cultivated from 1981 through 1985; (2) before enactment of this Act; or (3) under specified conservation systems. Directs the Secretary to: (1) use local agricultural committees to help administer such program; and (2) complete certain soil capability surveys as soon as practicable. Title V: Food Assistance Programs - Subtitle A: Food Stamp Program - Amends the Food Stamp Act of 1977 to base food stamp allotments on the projected average cost of the thrifty food plan for the coming (as of October 1) year. Raises the earned income deduction from 18 percent to 20 percent. Separates and raises the maximum dependent care deduction ($160) and excess shelter deduction ($175). Permits family income to be calculated prospectively or retrospectively. Authorizes supplemental allotments to a household that experiences a monthly income loss of $100 or more. Increases resource limitations. Waives nonliquid asset requirements for up to four months in areas of high unemployment or high farm foreclosures. Requires States to conduct food stamp public information programs. Authorizes food stamp program appropriations through FY 1989. Subtitle B: Child Nutrition Programs - Amends the National School Lunch Act to permit certain private nonprofit agencies to participate in the children's summer food service program. Amends the Child Nutrition Act of 1966 to increase the school breakfast program subsidy by six cents per meal. Requires the Secretary to review and revise the nutrition requirements for such meals. Subtitle C: Food Distribution Program - Amends the Agriculture and Consumer Protection Act of 1973 to extend the commodity supplemental food program through FY 1989. Amends the Temporary Emergency Food Assistance Act of 1983 to extend the temporary emergency food assistance program through 1989. Subtitle D: Effective Date - Makes the provisions of this title effective upon enactment, unless otherwise provided for.
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 · 6 May 1985
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 by 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.)
United States · United States Congress · 2 May 1985
Medicare Vision Reform Act of 1985 - Amends title XVIII (Medicare) of the Social Security Act to provide coverage for all services provided by a doctor of optometry. (Current law permits coverage for optometric services only if related to the condition of aphakia). Requires payment for optometric services to be made on the basis of an assignment.
United States · United States Congress · 2 May 1985
Expresses the sense of the Congress that: (1) a specified U.S.-Canada trade declaration should be supported as a first step toward settling trade differences with Canada; (2) the President and his trade representative should augment their efforts to negotiate with Canada in order to achieve a reciprocal trade relationship between the United States and Canada; and (3) the United States and Canada should resolve the specific impediments to trade within one year of the trade declaration. Declares that the President should report to the Congress by March 18, 1986, on the steps taken to achieve a reciprocal fair trade relationship between the United States and Canada.
United States · United States Congress · 25 April 1985
Amends the Controlled Substances Act to transfer marihuana from schedule I (abuse potential, no accepted medical use) to schedule II (accepted medical use) under such Act. Establishes in the Department of Health and Human Services an Office for the Supply of Internationally Controlled Drugs, to be responsible for regulating the domestic production and distribution of marihuana. Establishes procedures for the production and use of medical marihuana. Permits the distribution of medical marihuana only to hospitals and pharmacies registered to dispense schedule II controlled substances for the purposes of treating glaucoma or cancer or research approved under the Federal Food, Drug, and Cosmetic Act. Provides for a marihuana abuse prevention and information program through the National Institute on Drug Abuse.
United States · United States Congress · 25 April 1985
Expresses the sense of the House of Representatives that: (1) the Rural Electrification Program must continue to provide financing and technical assistance at reasonable cost; and (2) the people of the United States and Federal and State governmental agencies should commemorate the Rural Electrification Administration on its 50th anniversary.
United States · United States Congress · 25 April 1985
States that on the occasion of President Jose Napoleon Duarte's trip to the United States, the House of Representatives applauds him and the Government of El Salvador and expresses its appreciation for his leadership in the campaign to immunize the children of El Salvador.
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
Establishes in the legislative branch of the Government the Perot Commission on Americans Missing in Southeast Asia to conduct an investigation and report to the Congress its findings with respect to the existence and the release of prisoners of war in Southeast Asia. Sets forth specified administrative procedures and powers of the Commission. Requires the Commission to terminate 30 days after the filing of its report to the Congress or on January 3, 1987, whichever occurs first.
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
Prohibits any agency of the government from obligating or appropriating funds for the production of lethal chemical weapons. Expresses the sense of the Congress that: (1) the President should intensify efforts to achieve agreement with the Soviet Union and other countries to stop the production, proliferation, and stockpiling of lethal chemical weapons; (2) the Department of Defense should protect the armed forces against the use of lethal chemical weapons in attacks; (3) an agreement with the North Atlantic Treaty Organization must be concluded on the prepositioning of any new chemical weapons; and (4) funding of new lethal chemical weapons is unwarranted in light of the Federal budget deficit.
United States · United States Congress · 18 April 1985
Amends the Internal Revenue Code to limit the deductions of a taxpayer attributable to farming to the sum of: (1) the gross income of such taxpayer from the trade or business of farming for such taxable year; plus (2) $25,000. Requires the non-farm taxable income of such taxpayer to have exceeded the taxpayer's farm income in five of the preceding seven years. Provides that where the taxpayer engages in more than one trade or business of farming, all such trade or businesses shall be treated as a single trade or business.
United States · United States Congress · 18 April 1985
Authorizes the President to call a White House Conference on Library and Information Services, to be held not later than 1989, to develop recommendations for improvement of such services and their public use. Requires that the Conference be planned and conducted by the National Commission on Libraries and Information Sciences. Authorizes the Librarian of Congress, the Director of the National Library of Medicine, and the Director of the National Agricultural Library, upon request, to detail personnel to the Commission. Requires the Conference to submit a final report to the President within 120 days following its close. Directs that the final report be made public, and within 90 days after receipt by the President, transmitted to the Congress with recommendations. Establishes an advisory committee to assist in planning and conducting the Conference. Includes among its appointed members the Secretary of Education and the Librarian of Congress. Authorizes appropriations as necessary.
![Official portrait of Rep. Oberstar, James L. [D-MN-8]](https://www.congress.gov/img/member/o000006_200.jpg)