United States · United States Congress · 16 December 1985
Amends the Internal Revenue Code to disallow an income tax deduction for any tobacco and tobacco product sale promotion expenses. Defines "tobacco and tobacco products" as any small cigarette, large cigarette, cigar, or smokeless tobacco product, including snuff and chewing tobacco.
United States · United States Congress · 11 December 1985
Military Whistle Blowers Protection Act - Amends Federal law concerning the armed forces to prohibit any civilian officer or employee or any member of the armed forces from taking action against a member as a reprisal for such member's complaint or disclosure of information to a Member of Congress concerning possible violations of law, mismanagement of funds, abuse of authority, or substantial and specific danger to public health or safety. Amends Federal law concerning the correction of military records to grant an immediate hearing to members of the armed forces who believe they are victims of reprisals by their superiors. Requires a final decision regarding such a claim within six months of the date on which the claim is presented. Allows the member to bring a civil suit if such claim is not decided within such period. Directs the board considering such a claim to refer the matter to the Secretary concerned and the Inspector General of the Department of Defense if the board finds reason to believe that such a reprisal has occurred. Directs the Inspector General to investigate any matter so referred and submit a report, including recommendations for proposed action, to the Secretary concerned. Directs the Secretary concerned to then take appropriate action. Directs the Inspector General, at the same time a report is submitted to the Secretary concerned, to submit copies of such report to specified congressional committees. Permits the claimant to seek judicial review of any final decision made.
United States · United States Congress · 10 December 1985
Expresses the sense of the Congress that the President should take measures to encourage the Government of Indonesia to: (1) allow and maintain access into East Timor for humanitarian organizations, journalists, church delegations, and human rights groups; (2) guarantee freedom of expression for the Roman Catholic Church in East Timor; (3) allow an impartial international examination of population limitation measures and the conditions that exist in areas where East Timorese have been resettled by Indonesian authorities; (4) allow qualified international observers to be present at the trials of East Timorese political prisoners; and (5) work with the U.S. and Portuguese governments to develop peace initiatives for East Timor.
United States · United States Congress · 30 October 1985
Amends the Foreign Assistance Act of 1961 to provide that funds made available for family planning programs may only be used for programs: (1) in which there is not any element of coercion of individuals to practice family planning or to accept any particular method of contraception; (2) which include an accurate description of the effectiveness and risks of all major methods of family planning; and (3) which include an agreement to provide either other family planning methods if requested or referral to programs offering other methods as appropriate.
United States · United States Congress · 30 October 1985
Designates 1986 as Save for the U.S.A. Year. Requests the President to initiate a nationwide campaign, to be known as the Buy Back America campaign, to encourage the people of the United States to buy U.S. savings bonds and certificates and thereby reduce borrowings from foreign sources. Requires the Secretary of the Treasury to enhance the marketability of such bonds and certificates.
United States · United States Congress · 24 October 1985
Joint Chiefs of Staff Reorganization Act of 1985 - Revises Federal provisions concerning the composition and function of the Joint Chiefs of Staff (JCS) to define the Chairman of JCS as the principal military advisor to the President, the National Security Council, and the Secretary of Defense. Authorizes a member of JCS other than the Chairman to offer, to the Secretary of Defense and then to the President, a separate opinion in disagreement with that of the Chairman concerning military advice given. Directs that the Chairman of JCS shall supervise the commanders of the combatant commands and act as their spokesman. Extends the term of the Chairman of JCS from two to four years. Establishes the position of Deputy Chairman of JCS. Prohibits the Deputy Chairman and the Chairman from being a member of the same military branch, unless the Secretary of Defense waives such prohibition for a limited period. Sets the term of the Deputy Chairman at four years. Requires the Deputy Chairman to perform such duties as delegated by the Chairman with the approval of the Secretary of Defense. Directs the Deputy Chairman to act as Chairman if the latter position is vacated for any reason. Directs the Deputy Chairman to act as director of the Joint Staff, which performs such duties as the Chairman prescribes. Eliminates any maximum number of officers on the Joint Staff. Provides that the four-year term of a member of the Joint Staff may be extended with the approval of the Secretary of Defense. Directs the Secretary to ensure that the Joint Staff is independently organized and operated in order to provide for the unified strategic direction of the combatant forces and their operation and integration into an efficient team of land, naval, and air forces. Requires the Chairman of the Joint Chiefs of Staff to submit an evaluation to the President of any person for appointment to a grade above major general or rear admiral. Requires such evaluation to consider the performance of that officer as a member of the Joint Staff and in other assignments involving joint military experiences. Requires such evaluation to be submitted to the President at the same time as the submission of the recommendation for the appointment. Directs the Chairman or the Deputy Chairman of JCS to attend all meetings of the National Security Council and participate fully in its deliberations. Directs the Secretary of Defense, no later than six months after the enactment of this Act, to report to the Congress on plans for further changes in the administration of the military high commands of each of the armed forces. Outlines proposals to be developed in such report.
United States · United States Congress · 24 October 1985
Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 10 October 1985
Allows any State, or political subdivision thereof, to require retailers engaged in business in that State to collect a State and local sales or use tax on the sale or use of tangible personal property shipped or delivered into that State or political subdivision.
United States · United States Congress · 8 October 1985
Trade Partnership Act - Title I: International Trade - Directs the President to establish the Commission on Trade which shall: (1) evaluate existing U.S. trade laws and policies; (2) develop recommendations on monetary and fiscal policies for the United States and its chief trading partners; (3) evaluate the export financing practices of major trading partners and of international agencies; and (4) review existing trade agreements to assess their effect on U.S. long-term trading interests. Requires the Commission to report its findings and recommendations to the President and to the Congress. Expresses the sense of the Congress that the President should evaluate such findings and recommendations and take into account the results of an international monetary conference to determine the propriety of convening a summit conference on international trade in order to develop changes in international trade and monetary practices. Expresses the sense of the Congress that the President should call for an international monetary conference to develop: (1) options for reforming institutional mechanisms in order to decrease the disparity among, and to prevent dramatic fluctuations in the value of, the currencies of the major economic powers; and (2) means for reducing interest rates, promoting national and world economic growth, assuring price stability, and promoting higher levels of international trade. Expresses the sense of the Congress that the President should initiate multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade (GATT) in order to: (1) resolve the issues not resolved in earlier negotiations; (2) develop multilateral disciplines in those areas where trade problems have emerged or are becoming more acute; (3) focus on improving the dispute settlement mechanisms of the GATT; (4) place a high priority on bringing developing countries into full participation in the international trading community; (5) ensure that all developed countries share equally the responsibility for advancing the economies of developing countries; and (6) increase efforts to bring countries now outside the GATT under accepted multilateral disciplines governing trade. Directs the President to begin negotiations immediately if Canada requests the negotiation of a trade agreement that provides for the elimination or reduction of any duty imposed by the United States. Directs the U.S. Trade Representative (USTR) to review the bilateral relationships between the United States and its major trading partners in order to determine those countries that offer the most potential for the establishment of free trade areas with the United States. Sets forth factors to be considered in making such review. Authorizes the President, during the year following enactment of this Act, to negotiate with Japan on a trade agreement under which the United States will permit the exportation to Japan of Alaskan petroleum and natural gas in return for substantial concessions by Japan regarding the importation into Japan of agricultural products, wood products, and other kinds of export products that are important to the United States. Amends the Trade Act of 1974 to transfer to the USTR specified functions relating to import relief that are currently performed by the President. Directs the President to review the USTR's determination on whether to provide import relief and what form such relief should take. Requires the President to complete such review within 15 days of receiving the USTR's determination. Directs the President to notify the Congress of the President's decision and of the USTR's determination. Directs the USTR to take action to implement the import relief which the USTR decided to provide if the President concurs in the USTR's decision. Directs the USTR to take action to implement the President's decision on import relief if it differs from the USTR's decision and no joint resolution disapproving the President's decision is enacted. Directs the USTR to order the implementation of the import relief recommended by the International Trade Commission if the decision of the President differs from the decision of the USTR and a joint resolution disapproving the President's decision is enacted. Authorizes interim relief after a petition for import relief is filed if the USTR determines that: (1) it is likely that the article is being imported in such increased quantities as to be a substantial cause of serious injury or threat thereof to the competing domestic industry; and (2) the absence of such interim relief would result in irreparable harm to the domestic industry. Authorizes emergency relief from imports of perishable products (other than perishable products from a beneficiary country under the Caribbean Basin Economic Recovery Act) after a petition for such relief is filed if the USTR, after consultation with the Secretary of Agriculture, decides that: (1) there is a reasonable indication that the perishable product is being imported in such increased quantities as to be a substantial cause of serious injury, or threat thereof, to the competing domestic industry; and (2) emergency action is warranted. Directs the USTR, upon deciding to grant interim relief or emergency relief, to: (1) determine the method and extent of such relief; (2) notify the President of such decision; and (3) unless the President decides within 15 days that such relief is not in the national economic interest, order the Commissioner of Customs to impose such relief. Declares that such relief may consist of tariff increases or import limitations. Provides for the termination of such relief. Directs the USTR to order the Commissioner of Customs to implement actions necessary to enforce U.S. rights under any trade agreement if: (1) the President and the USTR agree on the appropriate action; or (2) the President differs with the USTR on the appropriate action but a joint resolution disapproving such action is not enacted. Reduces the number of days from 21 to 15 between the President's receipt of the USTR's recommendation of appropriate action and the President's decision on what action is appropriate. Requires the President to determine during such 15 day period if: (1) the President concurs in the USTR's recommendation; or (2) it is in the national economic interest not to take any action or to take action different from the action determined by the USTR. Requires the President to notify the Congress of such decision. Provides that if 90 days after the Congress receives notice of such decision no joint resolution is enacted disapproving it then such decision shall take effect. Reduces the amount of time the USTR may take to make a recommendation on a petition for enforcement of U.S. trade rights. Sets forth the actions the USTR may recommend to the President based on such petition. Directs the USTR to include in the annual report to the Congress on foreign barriers to market access an analysis and assessment of the overall reciprocity accorded U.S. products, services, and investment by each of the major trading partners of the United States and the impact on major U.S. product sectors of the failure to provide reciprocity. Requires specified congressional committees, within 90 days of receiving such report, after consultation with the USTR and conducting public hearings, to issue a joint report on: (1) the priorities for negotiations regarding reducing or eliminating trade barriers; and (2) the committees' recommendations on actions to enforce U.S. trade rights. Directs the Secretary of Labor to pay to private firms 80 percent of the cost of providing job training if the training is certified as trade readjustment training and if the trainees are not charged for the training. Extends the job training, job search, and job relocation allowance provisions of the trade adjustment assistance programs through October 1, 1987. Amends the Trade Expansion Act of 1962 to set a one year deadline for the President to take action on the advice of the Secretary of Commerce on imports that are suspected of impairing national security. Amends the Tariff Act of 1930 to reduce the time limit for decisions by the International Trade Commission on allegations of unfair practices in import trade from one year (18 months in more complicated cases) to eight months (ten months in more complicated cases). Declares that the USTR should expedite the issuance of notices requesting the negotiation of periodic adjustments to the bilateral limitations on shipments of textiles and apparel contained in the Multi-Fiber Arrangement. Directs the Commissioner of Customs to: (1) increase the number of inspectors, import specialists, and customs patrol officers in the Customs Service by at least 800; (2) implement the Automated Commercial System at all ports of entry; and (3) implement a program for detecting, investigating, and prosecuting patent and copyright infringement cases. Requires the Commissioner to report quarterly to specified congressional committees on the operation and effect of the patent and copyright infringement program. Imposes a penalty for multiple customs law offenders who import or attempt to import merchandise during the three years following the date of the third of the offenders' convictions. Title II: Protection of Patents and Transfer of Technology - Part A: Protection of Patents - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Places the burden of proof upon the party asserting that a product was not produced with the patented process in an infringement action where the court finds a substantial likelihood that the product was so produced and the claimant has exhausted all means of discovery. Part B: Transfer of Technology - Federal Laboratory Technology Utilization Act of 1985 - Authorizes Federal agencies to permit their laboratories to enter into cooperative research and development arrangements with other Federal, State, and local agencies, universities, industrial organizations, or other persons including licensees of inventions owned by the Federal agency or general partners of research and development limited partnerships. Permits such laboratories to exchange funds, services, and property with collaborators, grant such collaborators patent licenses or assignments, waive Federal ownership of inventions made by a collaborator, and negotiate licensing agreements for federally owned inventions. Sets forth a formula for the distribution of royalties or other income received by such laboratories from the licensing of cooperatively produced inventions to Federal agency employee inventors, the laboratories themselves, and the Treasury. Requires affected Federal agencies to report annually to the appropriate congressional committees on the income from and distribution of royalties. Directs the Secretary of Commerce to provide procedures, training, and advice to Federal laboratories on recognizing the commercial potential of new technologies and inventions. Requires the Secretary to report biannually to the President and the Congress on Federal agency participation in this program. Makes it the policy of the Government to encourage the commercialization of inventions by Federal or former Federal employees made by them during their Federal employment and exempts such efforts from otherwise applicable violations. Permits such an employee to retain title to an invention (subject to retention by the Government of a nonexclusive license) unless the agency intends to file a patent application itself in order to promote commercialization. Sets forth other permissible conditions on such an inventor's title. Part C: Protection of Proprietary Information - Exempts commercial and financial information that is proprietary or sensitive from the sunshine provisions applied to Federal agencies if the proprietor is notified of the request for release of the information and given 60 days to present arguments on why the information should be exempt. Title III: Export Promotion - Amends the Bank Holding Company Act of 1956 to increase, from five percent to ten percent, the percentage of shares that: (1) a bank holding company may hold in an export trading company; and (2) an Edge Act corporation may hold in an export trading company from five to ten percent. Increases the amount of credit that a bank owning stock in a bank holding company with investments in an export trading company may extend to an export trading company. Amends the Export Trading Company Act of 1982 to direct the Board of Directors of the Export-Import Bank to try to insure that a "significant share" (currently a "major share") of any loan guarantees ultimately serves to promote exports from small, medium-size, and minority businesses or agricultural concerns. Requires the Board to report to the Congress on implementation of such requirement within one year of its effective date. Directs the Secretary of the Treasury to develop a program consisting of mixed credit financing for exports to compensate for the effects of subsidized financing by U.S. trading partners. Declares that the Export-Import Bank should expand its promotion programs for small- and medium-sized banks. Amends the Federal Reserve Act to give Edge Act corporations the same discount and borrowing privileges as Federal Reserve banks. Repeals the limitation on bank investments in Edge Act corporations. Directs the Board of Governors of the Federal Reserve System to require periodic reports from every corporation of the total amount of capital stocks and paid up surplus of the corporation, the name of any stockholder who holds more than ten percent of the shares of the stock of such corporation, and the share holdings of such stockholder. Directs the U.S. Executive Director of each of the multilateral development banks to promote procurement opportunities relating to the assistance provided by such banks in recipient countries for U.S. firms. Sets forth actions the Executive Directors should take with respect to such opportunities. Declares that the Secretary of Commerce should continue to assign one foreign commercial service officer to the office of the U.S. Executive Director of the International Bank for Reconstruction and Development. Directs the Secretary of Commerce to assign such an officer on a part-time basis to each of the offices of the U.S. Executive Director of the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank. Requires the U.S. Ambassadors to those countries that are important trading partners of the United States to report annually to the President and to the Congress on their efforts to help U.S. industries in expanding export sales to, and improving their market positions in, such countries. Authorizes the seven Bell operating companies, effective September 1, 1986, to manufacture telecommunications equipment and customer premises equipment in the United States if specified conditions are met. Title IV: Foreign Corrupt Practices - Business Accounting and Foreign Trade Simplification Act - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Prohibits imposing criminal liability for failing to maintain such an accounting system. Prohibits imposing civil injunctive relief with respect to: (1) an issuer who fails to maintain the required accounting system if the issuer tried in good faith to meet the requirements; or (2) any person other than an issuer in connection with an issuer's failure to comply with such requirements, unless such person knowingly caused the issuer to fail to comply. Prohibits anyone from knowingly circumventing such an accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Securities and Exchange Commission to the Department of Justice jurisdiction to enforce the bribery prohibitions of the FCPA with respect to issuers. Revises the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made "directly or indirectly" to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments to such officials that are lawful under the foreign country's laws; (3) payments which constitute tokens of regard or esteem; (4) expenditures associated with selling, purchasing, or demonstrating goods; or (5) ordinary expenditures associated with performing a contract with a foreign government. Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act. Prohibits prosecution of a domestic concern or specified agents of such concern for violating the Federal mail or wire fraud provisions by making a payment to a foreign official if the prosecution is based on the theory that the official, by receiving the payment, violated a duty to or defrauded the foreign government or the citizens of a foreign country. Authorizes the Attorney General to issue guidelines specifying: (1) permissible conduct associated with common types of export sales arrangements; and (2) precautionary procedures which would create a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the opinion states that the conduct does not involve a violation. Directs the Attorney General to protect the confidentiality of materials submitted in the review procedure. Requires annual reports to the Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Title V: Related Tax Provisions - High Technology Research and Scientific Education Act of 1985 - Part A: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Part B: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses, and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporation's R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 8 October 1985
Establishes the United States Commission on Improving the Effectiveness of the United Nations to examine and evaluate the strengths and weaknesses of the United Nations and to submit to the President recommendations on ways to improve its effectiveness and the role of the United States in such organization. Sets forth specified items which the Commission should focus on in carrying out its duties. Requires the Commission to transmit to the President and to the Congress a report containing a detailed statement of its findings, conclusions, and recommendations. Authorizes appropriations and private contributions for the Commission. Terminates the Commission 60 days after the submission of its report.
United States · United States Congress · 7 October 1985
Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Congressional Budget Act of 1974 to eliminate the second concurrent resolution on the budget and thus provide for annual adoption of a single concurrent resolution on the budget (budget resolution). Sets forth maximum Federal budget deficit amounts for each of fiscal years 1986 through 1991 providing for the incremental reduction of the deficit to zero by 1991. Requires Old Age, Survivors and Disability Insurance (OASDI) revenues and expenditures to be included in the calculation of such deficit amounts. Prohibits either House of Congress from considering or adopting a budget resolution or a revision thereof providing for budget outlays exceeding revenues by more than the prescribed maximum deficit amount. Requires the Congress to complete action on any reconciliation bill or resolution to: (1) an original budget resolution by June 15 of each year; or (2) a revised budget resolution within 30 days after the revision is adopted. Provides that no amendment that would increase specific budget outlays or reduce specific revenues set forth in a budget resolution or reconciliation bill shall be in order in the House or the Senate, unless such amendment provides for offsetting adjustments in other outlays and revenues to ensure that the deficit set forth in the budget resolution is not increased or exceeded. Requires each Senate and House committee to report its subdivisions of allocated budget outlays and new budget authority within ten days of session after the budget resolution is agreed to. Makes it out of order for the House or the Senate, after the Congress has completed action on the budget resolution for a fiscal year, to consider legislation that, if enacted, would: (1) provide for or require budget outlays or new budget authority in excess of the appropriate committee allocation reported in connection with such resolution, unless legislation is favorably reported by the Committee on Appropriations of the House involved with a certification that the appropriate committee will take actions necessary to assure that enactment of such legislation will not result in a deficit exceeding the maximum deficit amount applicable; or (2) provide for new budget authority or spending authority or reduce revenues so that the resulting deficit would exceed the level set forth in such budget resolution or the applicable maximum deficit amount. Permits a congressional committee to report alterations to its reported allocations of budget outlays and authority, provided that such alterations are consistent with any actions taken by its House on legislation within its jurisdiction. Requires the conference report on any legislation providing new budget authority or new or increased tax expenditures to disclose the information required to be disclosed in committee reports on such legislation. Requires the Federal budget transmitted to the Congress by the President each year, and revisions thereof, to set forth levels of outlays and revenues resulting in a deficit not in excess of the applicable maximum deficit amount. Requires the Director of the Office of Management and Budget and the Director of the Congressional Budget Office: (1) to estimate the levels of total revenues and budget levels for each fiscal year; (2) to estimate the rate of real economic growth during that year; (3) to determine whether the deficit for such year will exceed the applicable maximum deficit amount and whether such excess is statistically significant; and (4) to submit a report to the President and the Congress specifying the amount of any excess, whether it is statistically significant, the estimated rate of real economic growth for that year, and the percentages by which automatic spending increases (excluding increases in OASDI benefits) and relatively controllable expenditures shall be reduced during such year in order to eliminate such excess. Requires the President, upon receiving such a report which identifies a statistically significant excesss, to issue an order which eliminates one-half of such excess by suspending or uniformly reducing (not below zero) automatic spending increases under Federal law for such year, and which eliminates the other half by sequestering amounts of budget authority, obligation limitations, and loan limitations, and by adjusting Federal payments, to the extent necessary to reduce each relatively controllable expenditure by a uniform percentage. Directs the President to send a message to both Houses of Congress identifying: (1) the total amount and the percentage by which automatic spending increases are to be reduced; (2) the amount of budget authority, obligation limitations, and loan limitations to be sequestered and payments to be adjusted for all, and each, relatively controllable expenditure; and (3) the account, department, establishment, project, or function affected by such revision of expenditures. Prohibits such an order from eliminating any Federal program, project, or activity. Directs the President to issue such order: (1) within 14 days after receiving such report if the estimate for real economic growth for the fiscal year is zero or greater; or (2) within 30 days if the estimate for real economic growth is less than zero. Authorizes the President, during such 30-day period, to submit to the Congress a joint resolution to: (1) reduce the deficit to an amount not exceeding the applicable maximum deficit amount; or (2) suspend the requirements of this Act for such fiscal year. Permits the President's message to the Congress to include alternative ways to reduce the deficit to an amount not exceeding the maximum deficit amount. Permits the Committee on the Budget of the House or the Senate, within ten days after the President has issued such an order, to report a joint resolution superseding such order. Makes it out of order for the House or the Senate to consider or agree to any such resolution which, if enacted, would cause the fiscal year deficit to exceed the deficit set forth in the budget resolution most recently agreed to, or the applicable maximum deficit amount. Sets forth House and Senate procedures for consideration of such a resolution. Amends the Social Security Act to provide that OASDI revenues and expenditures shall be excluded from the Federal budget transmitted by the President to the Congress and from the congressional budget, and shall be exempt from general budget limitations imposed on Federal expenditures and net lending. Prohibits any law enacted after enactment of this Act from providing for payments between the Treasury and the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund. Changes the date by which the President must submit to the Congress a supplemental summary of the budget for a fiscal year from July 16 to September 16. Waives specified provisions of this Act in any fiscal year for which a declaration of war has been enacted.
United States · United States Congress · 3 October 1985
Federal Government Easy Access Act - Requires Federal agency correspondence outside the executive branch to include the name, phone number, and mailing address of individuals to whom responses and inquiries may be made.
United States · United States Congress · 1 October 1985
Amends the copyright law to make permanent the prohibition against importing certain English language books not manufactured in the United States and Canada, denying copyright protection to books imported in violation of this restriction (the manufacturing clause).
United States · United States Congress · 26 September 1985
Student Financial Assistance Equity Act of 1985 - Amends title IV (Student Assistance) of the Higher Eduction Act of 1965 (HEA) to direct the Secretary of Education (the Secretary) to conduct, publish, and disseminate an annual survey to determine average awards and types of awards to, and participation rates of, students receiving Federal student assistance, analyzed by age, gender, race, national origin, whether the student is disabled, and other appropriate subgroups. Revises provisions for supplemental educational opportunity grants (SEOG) and for work-study program funds to remove limitations on the portions of a higher education institution's SEOG allocation and work-study program funds which may be used for less-than-half-time students. Requires the institution to use for such SEOG and work-study program amounts that are reasonably proportionate to their need as compared to the need of students who are carrying at least one-half of the full-time academic workload. Removes the requirement that a student must be carrying or planning to carry at least one-half the normal full-time workload for the student's course of study, for purposes of eligibility for title IV student assistance programs (i.e. Pell grants, supplemental educational opportunity grants, guaranteed, insured, or direct student loans, work-study and other assistance). Makes a conforming amendment. Requires wages under the work-study program to be consistent with the provisions of the Equal Pay Act of 1963 and title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964. Requires the expected family contribution for independent students with dependents to be determined according to the same need analysis elements as the expected family contribution of the family of dependent students. Provides that, for purposes of need analysis determinations for less-than-half-time students, the cost of attendance allowance shall be limited to tuition and fees and an allowance for books, supplies, transportation, and miscellaneous personal expenses as determined by the institution. Revises the cost of attendance allowance for day care to provide for an allowance, to be determined by the institution, based on the actual (currently reasonable) expenses incurred for care of dependents (currently dependent children only) who require care in the student's absence. Adds a cost of attendance allowance for commuting students based on transportation expenses actually incurred in traveling to the educational institution for education activities. Provides that any student financial assistance received pursuant to a need analysis system approved by the Secretary for determining eligibility for assistance under title IV of HEA shall not be considered income or resources for determining eligibility for assistance under any other program funded in whole or in part with Federal funds. Permits the deferral of repayment of federally insured, guaranteed, and direct student loans for not more than 12 months of parental leave. Defines parental leave as a period: (1) during which the borrower is pregnant, caring for a newborn child and recovering from childbirth, or caring for a child immediately following the placement of the child through adoption; (2) during which the borrower is not in attendance at an eligible institution or gainfully employed; and (3) which follows, by six months or less, a period during which the borrower was in attendance at an eligble institution. Includes the establishment of innovative programs of student assistance information development and dissemination, focusing particularly on the needs of non-traditional students, among the purposes for which the Secretary is authorized to make grants and contracts under title X (Fund for the Improvement of Postsecondary Education). Removes a requirement that copies of all rules, regulations, guidelines, instructions and application forms published or promulgated pursuant to title IV (Student Assistance) of HEA must be provided to specified congressional committees at least 30 days prior to their effective date. Directs the Secretary, after consulting with agencies and organizations involved in counseling and student financial assistance, to make contracts with appropriate institutions, private nonprofit organizations, or States to: (1) coordinate the development and dissemination of pre-eligibility and postsecondary access information; (2) develop materials to increase student awareness of Federal student assistance programs and postsecondary opportunities under title IV of HEA; and (3) operate short-term training institutes for junior and senior high school counselors and teachers, college admissions and other specified personnel, and community agency staffs to enable them to more effectively counsel students and adults regarding postsecondary opportunity and financial aid eligibility. Requires particular emphasis to be placed upon providing information to: (1) disadvantaged, minority, and handicapped individuals; (2) adults and nontraditional students, including single parents, re-entry adult learners, displaced homemakers, and unemployed and displaced workers; (3) geographically isolated or rural communities; (4) other under-represented groups; and (5) junior high school students and parents, including parents of low-income, minority, and handicapped students. Requires the Secretary, before entering into such a contract, to consider the potential contractor's ability to involve a broad range of professionals, including student financial aid administrators, high school counselors, college admissions counselors, and other specified personnel. Directs the Secretary to also establish a toll-free, "hot-line" student assistance information phone number that provides timely and accurate answers to questions of students and parents. Directs the Secretary to allocate from the Department of Education's operating budget a specified amount for each fiscal year to cover the costs of implementing these student aid information requirements.
United States · United States Congress · 26 September 1985
National Security and Trade Act - Amends the Trade Expansion Act of 1962 to provide that if the President does not act upon the recommendations of the Secretary of Commerce relating to imports that threaten national security within 90 days of receiving those recommendations, the Secretary's recommendation shall be deemed to be adopted by the President and shall have the full force and effect of law. Declares that if a petition was filed with the Secretary of Commerce before March 15, 1983, and if the Secretary submitted recommendations to the President before March 15, 1984, and the President did not act on those recommendations by September 15, 1985, the recommendations of the Secretary are deemed to be adopted by the President and have the full force and effect of law unless, by the date of enactment of this Act, the United States has negotiated an import limitation agreement with any country whose exports to the United States exceed 30 percent of the total value of imports of such items.
United States · United States Congress · 18 September 1985
Amends the copyright law to alter the provisions concerning the limitation of exclusive rights concerning secondary transmissions. Permits the reception of signals by means of the direct reception of a free space radio wave. Permits secondary transmission by a cable system to the public of a primary transmission made by a licensed station if: (1) the cable system serves fewer than 2500 subscribers; or (2) the cable system is located within the local service area of the primary transmitter and the cable system has a maximum capacity of 12 stations; or (3) the cable system is located in whole or in part within the local service area of the primary transmitter and the cable system provides as minimal service all the signals of every broadcast television station within that area; or (4) the primary transmission is of a network television station and the cable system is not located in whole or in part within the local service area of an affiliate and the transmission is from the most proximate network television station affiliated with the same network. Prohibits changes in such transmissions, except as specified. Eliminates compulsory licensing for such transmissions. Amends the Communications Act of 1934 to prohibit the Federal Communications Commission from regulating secondary transmissions of programs originated by a broadcast station.
United States · United States Congress · 1 August 1985
Amends the Federal Tort Claims Act to allow members of the armed forces serving on active duty or on full-time National Guard duty to bring claims for damages against the United States for personal injury or death arising out of medical or dental care furnished by a medical treatment facility operated by the military or the United States.
United States · United States Congress · 1 August 1985
Peanut Price Support Amendments of 1985 - Amends the Agricultural Act of 1949 to authorize a price support program for the 1986 and succeeding peanut crops.
United States · United States Congress · 1 August 1985
Prohibits the Secretary of Health and Human Services from changing reimbursement levels or methodologies for home health services under title XVIII (Medicare) of the Social Security Act prior to the later of: (1) October 1, 1986; or (2) any freeze period beginning after June 30, 1985, and before October 1, 1986.
United States · United States Congress · 31 July 1985
Law Enforcement Officers Protection Act of 1985 - Amends the Federal criminal code to define "armor-piercing ammunition." Excludes from the definition: (1) shotgun shot composed in order to comply with Federal or State law; (2) frangible projectiles for target shooting; (3) ammunition containing frangible projectiles; and (4) any ammunition or projectiles which the Secretary of the Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor-piercing ammunition. Allows: (1) the manufacture or importation of armor-piercing ammunition for the use of the United States or any State or local government; (2) manufacture for the sole purpose of exportation; or (3) manufacture or importation for the purposes of testing and experimentation authorized by the Secretary. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor piercing ammunition. Authorizes the Secretary to revoke a license from a dealer for violating this Act. Requires the Secretary of the Treasury to promulgate regulations allowing for special marking on armor-piercing communication and packaging. Establishes an additional mandatory sentence for any person who during and in relation to the commission of a violent crime carries a firearm and is in possession of armor-piercing ammunition capable of being fired by such firearm.
United States · United States Congress · 30 July 1985
Comprehensive Nuclear Weapons Freeze and Arms Reduction Act of 1985 - Expresses the sense of the Congress that the President should immediately invite the Soviet Union to enter into negotiations with the United States which seek an agreement on a comprehensive freeze (a bilateral and adequately verifiable halt by the United States and the Soviet Union in all testing, production, and deployment of nuclear weapons systems). Declares the President should inform the Soviet Union of the U.S. intention to engage in a bilateral halt in the testing, production, and deployment of nuclear weapons systems. Expresses the sense of the Congress that: (1) both during and after negotiations for a comprehensive freeze the President should pursue reductions in nuclear arsenals; and (2) a comprehensive freeze is entirely consistent with, and an essential part of mutual stabilizing reductions in nuclear forces. Requires both the Senate and the House Intelligence Committees to begin oversight hearings on verification procedures for the comprehensive freeze. Sets forth which committees and subcommittees may have members participate in such hearings. Requires the Intelligence Committees to report to their respective Houses within six months of enactment of this Act on the adequacy of U.S. monitoring systems and existing procedures for verifying Soviet compliance with the comprehensive freeze. Requires the reports to include: (1) an assessment of the nature and extent of Soviet activities and installations involved in the testing, production, and deployment of nuclear weapons systems; (2) an assessment of current U.S. capabilities to monitor threatening changes in the status of Soviet nuclear forces under the comprehensive freeze; and (3) an assessment of additional monitoring systems and cooperative procedures that may be needed to increase monitoring confidence of compliance. Requires the Director of the U.S. Arms Control and Disarmament Agency to begin preparing an operational plan for implementation of the comprehensive freeze. Requires the Director to report to the Congress on the plan within nine months of enactment of this Act. Requires the report to specify: (1) procedures for the cessation of activities and closure or conversion of facilities affected by the comprehensive freeze; (2) a program for the retraining and re-employment of Government and defense industry personnel directly affected by the termination of nuclear weapons-related activities; and (3) a program of economic adjustment assistance for adversely affected communities. Directs the President to submit semi-annual reports to the Congress on: (1) the status of U.S. and Soviet negotiation efforts; (2) Soviet military activities relating to the testing, production, and deployment of nuclear weapons systems; and (3) any uncertainties concerning verification of the comprehensive freeze, the status of efforts to reduce those uncertainties, and the national security implications of those uncertainties. Imposes the following restrictions on nuclear testing, deployment, and production only if the Soviet Union, within a specified time, informs the President that the Soviet Union will observe a bilateral halt in the testing, production, and deployment of nuclear weapons systems. Prohibits obligating or spending appropriations for testing, producing, or deploying nuclear weapons systems, unless the Congress expressly provides otherwise. Allows the testing and deployment of specified nuclear missiles for a limited time. Sets forth the effective dates of such restrictions. Authorizes the President to request the Congress to remove the funding restrictions on the testing, production, and deployment of nuclear weapons systems only if the President certifies to the Congress that: (1) the Soviet Union has failed to demonstrate a restraint with respect to nuclear weapons systems which corresponds to the restraint being shown by the United States; or (2) continuation of the funding restrictions would cause significant and irreparable damage to U.S. national security. Provides for expedited congressional consideration of such a request by the President.
United States · United States Congress · 25 July 1985
Expresses the sense of the House of Representatives that any tax reform legislation to be enacted by the Congress should provide equitable tax treatment for all energy resources.
United States · United States Congress · 24 July 1985
Superfund Clean-up Technology Research and Demonstration Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to direct the Administrator of the Environmental Protection Agency to conduct an alternative or innovative treatment technology research, evaluation, and demonstration program to develop permanent solutions for use in remedial actions for the release of hazardous substances. Directs the Administrator to conduct a technology transfer program, including a central reference library for such information. Prohibits the Administrator from disclosing trade secret or proprietary information. Authorizes the Administrator to contract out such research and to provide assistance or information as appropriate, including the use of National Priority Sites for research and demonstration purposes. Requires the Administrator to designate at least ten demonstration sites for alternative or innovative treatment technologies, requiring public participation and compliance. Directs the Administrator to report to the Congress annually on the research and demonstration program, requiring congressional notice before expending funds on a single project in excess of specified levels. Directs the Administrator to revise and republish the National Contingency Plan to include standards and testing procedures for using the alternative or innovative treatment technologies developed under this Act. Requires the Administrator to select permanent solutions when evaluating the cost-effectiveness of a remedial action. Funds such research program out of Superfund, up to specified levels. Exempts persons conducting field demonstrations from liability for anything but releases caused by negligence. Directs the Administrator to transmit within one year a study to the Congress on the standards of liability and financial responsibility under CERCLA and the costs and incentives for developing the new technologies.
United States · United States Congress · 24 July 1985
Regional Conservation and Electric Power Planning and Regulatory Coordination Act of 1985 - Title I: Granting of Consent to Any Two or More States to Enter Into Multistate Compacts - Grants congressional consent to any two or more States to enter into compacts to develop, adopt, and publish: (1) standards for ratemaking treatment of any costs incurred by electric utilities that are unrelated to resource acquisition; (2) methodologies to assess cost-effective resources to meet electric energy demand; (3) plans to mitigate the adverse effects of unforecasted, emergency electric power outages or shortages; and (4) a long-run conservation and electric power plan for resource acquisition to meet the total electric energy demand in the geographic region covered by the compact at least system cost. Sets forth requirements with respect to the membership and functioning of a multistate compact. Requires that public hearings be held prior to the adoption of any standard, methodology, or plan. Authorizes the governing agency of a multistate compact to encourage resource acquisition by electric utilities and their customers and consumers according to the long-term conservation and electric power plan developed under the compact. Requires that an opportunity for public comment and review be provided prior to certification of the need for any resource. Permits the governing agency of a multistate compact, where authorized by the compact establishing it, to: (1) intervene and participate as a matter of right in any proceeding held by the Federal Energy Regulatory Commission; and (2) apply to the Commission for an order compelling one or more electric utilities to provide or modify transmission services where appropriate for purposes of implementing a long-run conservation and electric power plan. Sets forth judicial review procedures which shall apply to actions under this Act. Title II: Authority of the States to Regulate the Rates for Certain Wholesale Electricity Transactions - Permits a State regulatory authority, with the Governor's approval and after a public hearing, to submit to the Commission for its approval a plan for the regulation by such authority of some or all of the rates for the sale of electricity at wholesale by electric utilities which are subject to the Commission's regulatory jurisdiction. Specifies the contents of such a plan. Requires the Commission to approve or disapprove it within 180 days after its receipt. Permits amendments to such a plan by the State. Sets forth procedures for Commission review of the implementation of such a plan. Title III: Amendments to the Federal Power Act - Amends the Federal Power Act to conform to this Act.
United States · United States Congress · 17 July 1985
Electric Utility Tax Reform Act of 1985 - Amends the Internal Revenue Code to allow the Federal Energy Regulatory Commission and State regulatory authorities to adopt a least system cost plan for regulated public utilities and to establish a rate schedule for such utilities which provides for ratemaking treatment of the investment tax credit and the tax deduction for accelerated cost recovery in such manner as the State regulatory authority determines will further the purpose of such plan. Defines "least system cost plan" as a plan which provides for meeting demand for electric energy services under which each measure to be implemented is forecast: (1) to be reliable and available within the time it is needed; and (2) to meet or reduce the electric power demand at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative measure or resource.
United States · United States Congress · 16 July 1985
Federal Equitable Pay Practices Act of 1985 - Establishes the Commission on Equitable Pay Practices to determine whether the Government's position-classification system and prevailing rate system are designed and administered in accordance with the general policy that sex, race, and ethnicity should not be among factors considered in determining pay rates. Requires the Commission to conduct, by contract with a consultant selected under this Act, a study under which job-content analysis and economic analysis shall be applied to a representative sample of occupations in which: (1) either sex is numerically predominant; (2) any race is disproportionately represented; or (3) any ethnic group is disproportionately represented. Directs the Commission to report to the Congress and the President on the results of such study not later than 18 months after the Commission's date of establishment. Make sums appropriated to the Office of Personnel Management for general operating expenses available to carry out this Act.
United States · United States Congress · 16 July 1985
Blackstone River Valley National Heritage Corridor Act of 1985 - Establishes the Blackstone River Valley National Heritage Corridor in Rhode Island and Massachusetts, cradle of the American industrial revolution. Establishes the Blackstone River Valley National Heritage Corridor Commission to hold hearings and acquire real property within the designated Corridor by gift or purchase with private money from a willing seller. Directs the Commission to develop a Cultural Heritage Plan for the Corridor which sets its boundaries, inventories the historically significant property to be maintained, establishes standards, and develops an historic interpretation Plan. Requires the Commission to implement the Plan, granting priority to preserving the Blackstone Canal, providing information for visitors, and encouraging private and intergovernmental cooperation in building restoration and appropriate land use. Terminates the Commission in five years with an up to five-year extension. Requires the Secretary of the Interior to help prepare the Plan and appropriate visitor information and displays, providing technical assistance to the Commission if requested. Requires the cooperation of other Federal agencies. Authorizes appropriations.
United States · United States Congress · 10 July 1985
Prohibits the importation of certain species of kangaroos and kangaroo products (currently allowed to be imported under an administrative exception to the Endangered Species Act of 1973 if in accordance with the management plans of Australian states).
United States · United States Congress · 10 July 1985
Amends the Foreign Assistance Act of 1961 to direct the President, in providing assistance to developing countries, to: (1) place a high priority on conservation and sustainable management of tropical forests; and (2) take certain steps (including engaging in dialogues on conserving forest resources and information exchanges with recipient countries, supporting projects and activities which offer alternatives to colonizing forests, supporting related training and research programs, helping to end destructive agricultural practices, and denying any assistance for certain activities harmful to the forests). Directs the President, whenever feasible, to accomplish the objectives of this Act through projects managed by private and voluntary and other nongovernmental organizations. Requires the annual report to the Congress on foreign aid programs to include a report on the implementation of this Act. Requires that each country plan prepared by the Agency for International Development include an analysis of actions necessary to achieve conservation and sustainable management of tropical forests and the extent such actions meet the needs identified.
United States · United States Congress · 10 July 1985
Amends the Foreign Assistance Act of 1961 to authorize appropriations to help developing countries protect and maintain wildlife habitats and develop sound wildlife management and plant conservation programs. Requires each country development strategy statement or other country plan prepared by the Agency for International Development (AID) to include a detailed plan to assist that country in the conservation of biological diversity. States that, whenever feasible, such protection, maintenance, management, and conservation activities shall be accomplished through projects managed by private and voluntary organizations and other nongovernmental organizations. Directs AID to allocate at least a specified sum for projects managed by such organizations. Directs the Administrator of AID to take certain steps, including: (1) cooperating with appropriate organizations; (2) looking to the World Conservation Strategy as an overall guide; (3) engaging in dialogues and exchanges of information with recipient countries which stress the importance of conserving biological diversity; (4) supporting training and education which improve the capacity of recipient countries to prevent loss of biological diversity; and (5) the denial of any assistance for actions which invade or significantly degrade national parks or similar protected areas. Requires the annual report to the Congress on foreign aid programs to include a report on implementation of this Act.
United States · United States Congress · 10 July 1985
Urges the President to begin talks with the Soviet Union aimed at creating a jointly administered U.S.-Soviet student exchange program. Sets forth certain aspects of such exchange program.
United States · United States Congress · 27 June 1985
Amends the Clean Air Act to modify the requirements for stack height for sources of not well controlled emissions of air pollutants. Includes among dispersion methods any other measure which disperses pollutants at ground level measuring points.
United States · United States Congress · 27 June 1985
Community and Family Living Amendments of 1985 - Amends title XIX (Medicaid) of the Social Security Act to require a State plan to provide a severely disabled individual who is entitled to medical assistance and who is residing in a family home or community living facility with an array of community and family support services which will provide for the health, safety, and effective habilitation or rehabilitation of such individual. Includes community and family support services for severely disabled individuals as "medical assistance" under Medicaid. Permits the inclusion of such services as medical assistance only if: (1) such services are provided to a severely disabled individual residing in a family home or in a community living facility; (2) such services are provided in accordance with an individually written habilitation or rehabilitation plan; and (3) the total amount of funds spent by the State from non-Federal funds for such services equals at least a specified base amount. Specifies services included and excluded as community and family living services. Requires a State, in order to receive payment for community or family support services provided, to: (1) enter into a community and family living implementation agreement with the Secretary of Health and Human Services; and (2) submit required reports to the Secretary. Requires a community and family living implementation agreement to include, among others, the following provisions: (1) community living facilities will not be unduly concentrated in any residential area; (2) all the staff of each facility must have appropriate training; (3) parents of the severely disabled will have training available; (4) case management; (5) an individual will reside as close to his or her family as possible; (6) hearing procedures for individuals who feel they have been inappropriately placed; and (7) suitable State supplementary payments as authorized under title XVI (Supplemental Security Income) of the Social Security Act. Requires such agreement to include other specified provisions with respect to severely disabled individuals living in residential facilities which are not family homes or community living facilities. Requires the agreement to include descriptions of methods to be used to achieve the following objectives: (1) to advise severely disabled individuals of alternative arrangements and services available to them, of their right to choose providers, and of their right to a fair hearing; (2) to assure fair and equitable provisions to protect the interests of public employees who will be affected by the transfer of severely disabled individuals from public institutions to community or family living facilities under the agreement; (3) to assure application of fair employment standards and equitable compensation to workers in facilities offering care and services for which payments are made under this Act; and (4) to assure timely submission of any reports required by the Secretary; and (5) to assure opportunities for participation by interested citizens in the development of the implementation plan or agreement. Sets forth provisions providing for: (1) auditing a State's compliance with this Act; (2) noncompliance; and (3) review by the Comptroller General. Includes, under Medicaid, within the definition of "intermediate care facilities" services in an institution for mentally retarded persons or persons with related conditions if: (1) the individual needs of each newly admitted individual are ascertained by an interdisciplinary team within 30 days; (2) the institution, if not operated by the State, has a written agreement with an appropriate State agency to cooperate in the implementation of the agreement. Limits, effective FY 2000, the amounts payable under Medicaid to any State for skilled nursing facility services and intermediate care facility services furnished to severely disabled individuals under age 65 in facilities having not more than 15 beds. Provides that such limitations shall not apply, if: (1) payments are for services for individuals in a facility which meets the size and location requirements for a community living facility; (2) payments are for services for individuals in a facility which was in operation on September 30, 1985, which has not increased the number of beds since September 30, 1985, and which has no more than 15 beds; (3) payments are for services for individuals in a cluster home; or (4) payments are for necessary therapeutic services which are not available in a family home or community living facility in the States. Reduces, effective FY 1988, the Federal medical assistance percentage for skilled nursing facility services and intermediate care facility services furnished to any severely disabled individual under age 65. Requires a State, in order to receive any payments for furnishing community and family support services, to have in effect a system to protect and advocate the rights of eligible severely disabled individuals which is in addition to any provided by the Federal Government as of September 1985. Permits an individual injured or adversely affected or aggrieved by a violation of the Community and Family Living Amendments of 1985 to bring an action to enjoin such violation. Requires a State's Medicaid plan to provide for the payment of community and family support services for severely disabled individuals through the use of rates which are reasonable and adequate to assure the provision of services of adequate quality. Permits a State to provide for the eligibility of any severely disabled individual for community and family support services if such individual spends at least five percent of his or her adjusted gross income for necessary medical care and for community and family support services. Provides that whenever an individual is receiving benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act on the basis of a disability which began before such individual attained the age of 22, and but for those benefits would be eligible under title XVI (Supplemental Security Income) of such Act for either SSI or State supplementary payments then such individual shall be deemed, for Medicaid purposes only, to be receiving SSI or State supplementary payments. Provides for the Medicaid eligibility of a severely disabled individual under age 65 who would otherwise be denied assistance because of earnings if termination of such eligibility would seriously inhibit the individual's ability to continue employment or effectively limit the individual's ability to live in a family home or community living facility and such earnings are not sufficient to provide benefits equivalent to SSI and Medicaid. Directs the Secretary to: (1) make assessments, conduct a study, and report to the Congress; and (2) issue regulations. Sets forth the effective date.
United States · United States Congress · 26 June 1985
Amends the Federal Aviation Act of 1958 to prohibit the purchase, lease, or acquisition of control in any manner of a substantial portion of an air carrier by the following persons: (1) any air carrier which is a debtor; (2) any person who is a debtor and controls an air carrier; (3) any person controlling an air carrier which is a debtor; or (4) any person who is a debtor and is substantially engaged in the business of aeronautics.
United States · United States Congress · 26 June 1985
Consumer Products Energy Efficiency Amendments of 1985 - Amends the Energy Policy and Conservation Act to provide that the labeling rules regarding consumer product energy efficiency standards shall require disclosure of such standards at the point of sale and in any advertising of the product. Directs the Secretary of Energy (the Secretary) to: (1) publish and make available comparative guides of the energy efficiency and annual operating cost of certain consumer products; (2) prescribe an energy efficiency standard for certain consumer products; (3) include in the Secretary's annual report on consumer product energy efficiency standards the percentage of covered products or components which are imported. Requires the Secretary, before determining whether a standard is economically justified, to weigh its effect on domestic production, reduction of unemployment, electric utilities, and the human environment. Authorizes the Secretary to prescribe an energy efficiency standard for certain consumer products if it is determined that improvement of 20 percent or more is feasible. Delineates the criteria to be considered by the Secretary in determining whether a performance-related feature justifies the establishment of either a higher or a lower energy efficiency standard. Directs the Secretary to: (1) issue energy efficiency improvement guidelines for each of the following five years if no standard for a covered consumer product is prescribed; (2) monitor the improvements in efficiency; and (3) prescribe an energy efficiency standard whenever a certain type of consumer product type fails for three consecutive years to achieve at least half of the improvement under such guideline.
United States · United States Congress · 26 June 1985
Expresses the sense of the House of Representatives that the Administrator of the National Highway Traffic Safety Administration should retain the current corporate average fuel economy standard for passenger automobiles.
United States · United States Congress · 18 June 1985
Superfund Clean-up Technology Research and Demonstration Act of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to direct the President to establish in the Environmental Protection Agency (EPA) an alternative or innovative treatment technology research program. Requires such program to: (1) focus on technologies with potential for use in remedial actions; (2) establish a central reference library to make information related to such technologies available to the public; and (3) provide for assistance to and participation by public and nonprofit entities in the evaluation of technologies. Requires the Administrator of the Environmental Protection Agency to designate a national priority site in each of the EPA regions as a national technology demonstration site. Directs the Administrator to revise and republish the national contingency plan to include standards for the use of these technologies in remedial actions. Requires the President to include such technologies in any selection of cost-effective permanent solutions. Authorizes the use of funds from the Hazardous Substance Response Trust Fund (Superfund) for such research program. Requires the President to report to the Congress within one year of this Act's effective date on a study of the effects of the standards of liability and financial responsibility requirements imposed by CERCLA on the cost of and incentives for developing such technologies. Requires the President to submit to the Congress within 18 months of the national technology demonstration sites' designations an evaluation of the demonstration projects undertaken.
United States · United States Congress · 18 June 1985
Amends the Land Remote-Sensing Commercialization Act of 1984 to authorize appropriations to carry out such Act for FY 1985 through 1989. Limits the amount of such funds which shall be available for FY 1985 and 1986.
United States · United States Congress · 18 June 1985
Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance to support small-scale agricultural projects in Africa, technical assistance for such projects, and research on such projects. Directs the President to place special emphasis on grants to international and African non-governmental organizations and to U.S. private and voluntary organizations for such projects. Requires the Director of the Administrator of the Agency for International Development (AID) and the Director of the Peace Corps to: (1) assess the opportunities for their agencies to support such projects in Africa; and (2) place a high priority on providing such support. Sets forth requirements for the use of funds made available for such projects. Requires the annual report to the Congress on foreign aid programs to include a report on the implementation of this Act. Directs the Administrator of AID to study and report to the Congress within five years of enactment of this Act on the projects funded pursuant to this Act and their effectiveness in preventing famine. Authorizes appropriations for FY 1986 to carry out this Act.
United States · United States Congress · 13 June 1985
Expresses the sense of the Congress that procurement of the new U.S. weather radar system, NEXRAD, continue on schedule and according to the established minimum requirements agreed to by the National Weather Service, the Federal Aviation Administration, and the Department of Defense.
United States · United States Congress · 12 June 1985
Fair Insurance Coverage Act - Prohibits any insurer from discriminating in an insurance contract against any person because of blindness. Includes within the prohibition refusing to make or negotiate a contract for insurance or giving different treatment with respect to terms, conditions, rates, or benefits because of blindness. Establishes a preference for State actions prior to judicial enforcement under this Act. Authorizes any aggrieved person, in the absence of State actions or jurisdiction, to bring an action under this Act for individual relief. Authorizes the Attorney General of the United States to bring an action for injunctive relief whenever there is reasonable cause to believe a person is engaged in a pattern or practice of discrimination or when an individual is aggrieved and an issue of general public importance is raised. Grants the Federal district courts jurisdiction of such actions regardless of the amount in controversy. Allows a court to order monetary, equitable, or other appropriate relief, including punitive damages.
United States · United States Congress · 12 June 1985
Clean Coal Technology Authorization Act of 1985 - Directs the Secretary of Energy to establish a financial assistance program from the Clean Coal Technology Reserve in order to determine the commercial feasibility of clean coal technologies on a commercial scale. Limits the total funding supplied by the United states to 50 percent of the aggregate cost of all projects funded under such program. Limits the funding supplied by the United States to 70 percent of the total cost of any one project. Sets guidelines for the project selection criteria to be developed by the Secretary. Requires the Secretary to: (1) report such criteria to the Congress; (2) conduct a competitive solicitation of project proposals; and (3) submit an annual report to the Congress detailing the status of ongoing projects funded under this Act.
United States · United States Congress · 12 June 1985
Risk Assessment Research and Demonstration Act of 1985 - Directs the President to establish coordinated projects which shall be designed to: (1) improve the use of risk assessment within Federal agencies mandated by law to protect life, health, and the environment; (2) develop a systematic approach to the use of risk assessment by Federal agencies; (3) identify research needed to improve risk assessment; and (4) bring public awareness to the nature of regulated risks. Describes risk assessment as the use of factual bases to quantify the effects of exposure to potentially hazardous materials and situations. Directs the President to designate an appropriate scientific advisory agency to coordinate the projects. Directs such agency to submit a report to the Congress which includes: (1) a review of the risk assessments presently being carried out in Federal agencies; (2) recommendations for sharing research results among Federal agencies; (3) a proposal for the risk assessment demonstration projects required by this Act to be undertaken by specified Federal agencies; and (4) identification of the areas where the use of the results of a risk assessment is required, encouraged, limited, or prohibited by current law, regulation, or practice. Requires specified Federal agencies to recommend to the coordinating agency research projects relating to risk assessment. Directs the coordinating agency to report to the Congress with recommendations concerning risk assessment.
United States · United States Congress · 6 June 1985
Reproductive Health Equity Act - Amends title XIX (Medicaid) of the Social Security Act, the Indian Health Care Improvement Act, the Peace Corps Act, the District of Columbia Self-Government and Governmental Reorganization Act, and other Federal laws covering armed forces personnel and dependents and Federal employees' health benefits to provide that services related to abortion be made available in the same manner as are other pregnancy-related services under federally funded programs.
United States · United States Congress · 21 May 1985
Revises the concurrent resolution on the budget for FY 1985 and sets forth the first concurrent resolution on the budget for FY 1986 and the appropriate budgetary levels for FY 1987 and 1988. Recommends levels of Federal revenues of $736,200,000,000 for FY 1985, $794,200,000,000 for FY 1986, $866,000,000,000 for FY 1987, and $954,200,000,000 for FY 1988. Sets the amounts by which the aggregate levels of Federal revenues should be increased at zero for FY 1985, $1,500,000,000 for FY 1986, $1,700,000,000 for FY 1987, and $1,700,000,000 for FY 1988. Sets the amounts for Federal Insurance Contributions Act (FICA) revenues for hospital insurance within the recommended levels of Federal revenues at $44,800,000,000 for FY 1985, $50,900,000,000 for FY 1986, $56,100,000,000 for FY 1987, and $61,200,000,000 for FY 1988. Sets the amount for FICA revenues for old-age, survivors and disability insurance within the recommended levels of Federal revenues at $186,200,000,000 for FY 1985, $200,400,000,000 for FY 1986, $216,800,000,000 for FY 1987, and $248,000,000,000 for FY 1988. Sets the appropriate levels of total new budget authority at $1,055,500,000,000 for FY 1985, $1,060,000,000,000 for FY 1986, $1,129,100,000,000 for FY 1987, and $1,209,300,000,000 for FY 1988. States that the appropriate levels of total budget outlays are $949,300,000,000 for FY 1985, $970,800,000,000 for FY 1986, $1,021,600,000,000 for FY 1987, and $1,074,400,000,000 for FY 1988. Sets the amounts of the deficits in the budget which are appropriate in the light of economic conditions and all other relevant factors at $213,100,000,000 for FY 1985, $176,600,000,000 for FY 1986, $155,600,000,000 for FY 1987, and $120,200,000,000 for FY 1988. States that appropriate levels of the public debt are $1,857,400,000,000 for FY 1985, $2,089,700,000,000 for FY 1986, $2,320,700,000,000 for FY 1987, and $2,536,500,000,000 for FY 1988. Sets the amounts by which the statutory limits on such limit should be increased at $33,600,000,000 for FY 1985, and $232,300,000,000 for FY 1986, $231,000,000,000 for FY 1987, and $215,800,000,000 for FY 1988. Sets forth the appropriate levels of total Federal credit activity as follows: (1) $51,937,223,000 for new direct loan obligations, $68,805,405,000 for new primary loan guarantee commitments, and $41,251,600,000 for new secondary loan guarantee commitments for FY 1985; (2) $34,258,541,000 for new direct loan obligations, $74,036,605,000 for new primary loan guarantee commitments, and $43,107,900,000 for new secondary loan guarantee commitments for FY 1986; (3) $34,376,759,000 for new direct loan obligations, $76,966,574,000 for new primary loan guarantee commitments, and $44,904,200,000 for new secondary loan guarantee commitments for FY 1987; and (4) $34,172,944,000 for new direct loan obligations, $81,175,571,000 for new primary loan guarantee commitments, and $46,861,800,000 for new secondary loan guarantee commitments, for FY 1988. Sets forth the levels of budget authority, budget outlays, new direct loan obligations, and new loan guarantee commitments for each major functional category for FY 1985 through 1988. Requires certain House and Senate committees to report changes in laws within their jurisdictions sufficient to achieve savings of specified amounts of budget authority and outlays in FY 1986. Specifies changes in budget authority and outlays under laws within such committees' jurisdictions which the Congress finds necessary in FY 1987 and 1988 to achieve budget levels under this resolution. Requires such House committees to submit their recommendations to the House Budget Committee not later than 30 days after adoption of jurisdiction. Requires the House Budget Committee to report a reconciliation bill carrying out such recommendations without any substantive revision. Declares that, effective October 1, 1985, this concurrent resolution shall be deemed to be the second concurrent budget resolution for FY 1986 required to be reported under the Congressional Budget Act of 1974. Permits the enrollment of any bill or resolution providing new discretionary budget authority or new spending authority for FY 1986 if it would not cause the appropriate allocation for a committee to be exceeded. Terminates such provisions when the Congress completes action on a subsequent concurrent resolution on the budget for FY 1986. Prohibits the House of Representatives from considering any measure providing new budget authority, new entitlement authority, or new credit activity for FY 1986 within the jurisdiction of a committee until such committee makes the allocations or subdivisions required by the Congressional Budget Act. Declares that such prohibition shall not apply until 21 days of continuous session after the Congress completes action on this concurrent resolution.
United States · United States Congress · 16 May 1985
Even Start Act - Establishes a pilot program to combine adult basic education for parents and school readiness training for children into a single educational program. Requires that funds made available to a grant recipient under this Act be used to provide a program of adult literacy training which includes as a major component involving parents and children together to enhance the likelihood of educational achievement. Requires that each such program receiving a grant include the following elements: (1) identifying and recruiting eligible participants; (2) screening and preparing parents and children for participation (including testing, referral to necessary counseling, and related services); (3) designing programs and providing support services to suit the participants' work and other responsibilities (including child care, transportation, and scheduling and locating services to allow joint participation by parents and children); (4) establishing instruction programs that promote adult literacy, equip parents to support the education and growth of their children, and prepare children for success in regular school program; and (5) providing and monitoring integrated instructional services to participants through home-based programs. Makes eligible for participation in such programs families that: (1) include a parent eligible to participate in an adult basic education program under the Adult Education Act; and (2) reside, with a child aged four or five, in a school attendance area designated for receipt of funds under chapter 1 (Financial Assistance to Meet Special Educational Needs of Disadvantaged Children) of the Educational Consolidation and Improvement Act of 1981 (ECIA). Makes eligible to apply for such program grants any agency, organization, or institution that operates an adult basic education program under the Adult Education Act and that serves an area: (1) in which the unemployment rate exceeds the national average; and (2) at least 75 percent of which is comprised of school attendance areas designated for receipt of funds under chapter 1 of ECIA. Sets forth grant application requirements, including: (1) a demonstration that the applicant can coordinate programs under the Adult Education Act with program under chapter 1 of ECIA, with other related programs such as health care, nutrition, child abuse, and substance abuse control and with State and local educational agencies; (2) a statement of methods to be used to provide program services for those most in need of them and for special populations, such as the handicapped and those with limited English proficiency; and (3) a demonstration that the applicant has qualified personnel to provide staff training and preparation. Directs the Secretary of Education to select 15 to 20 applications for final review, with two-thirds of these from urban areas and one-third from rural areas. Provides that three of these applications shall be selected for receipt of funds by a review panel composed of the Secretary, and specified members of State and local directors of programs under chapter 1 of ECIA and the Adult Education Act, chief State school officers, and representatives from a local Parent-Teacher Association and from institutions of higher education with training, respectively, in early childhood education and in adult literacy training. Sets forth program agreement requirements, including: (1) participant enrollment for at least 12 months; and (2) grant recipient provision of at least 25 percent of program costs for the third year of operation, 50 percent for the fourth year, and continued program operation after the expiration of assistance under this Act, if the program has been demonstrated to be effective. Sets forth requirements for evaluation and dissemination of results of such pilot projects. Requires that the results of such evaluation be submitted by the end of FY 1992 to the national diffusion network for possible dissemination. Directs the Secretary, in order to carry out this Act, to reserve specified amounts from FY 1987 through 1991 funds which would otherwise be available for: (1) grants to States for adult basic education and adult education programs to be carried out by local educational agencies and private nonprofit agencies; and (2) evaluation and studies under chapter 1 of ECIA. Provides that such requirement shall not apply to funds appropriated before the enactment of this Act.
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.
![Official portrait of Rep. Schneider, Claudine [R-RI-2]](https://www.congress.gov/img/member/s000136_200.jpg)