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United States · Official source
3,394 records where Rep. Schroeder, Patricia [D-CO-1] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 12 June 1985
Copyright Royalty Tribunal Sunset Act of 1985 - Terminates the Copyright Royalty Tribunal, effective with the enactment of this Act. Transfers the authority concerning the distribution of royalty fees to the Register of Copyrights.
United States · United States Congress · 6 June 1985
Interstate Compact - Grants congressional approval to the Rocky Mountain Interstate Low-Level Radioactive Waste Compact which provides for cooperation among the States of Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming in the management of low-level radioactive waste on a continuing basis.
United States · United States Congress · 6 June 1985
Home Respiratory Care Act of 1985 - Amends title XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to provide coverage for respiratory care furnished as part of extended care services and as part of home health services for an individual who is medically dependent on a ventilator for life support for at least six hours a day and who meets certain other requirements.
United States · United States Congress · 6 June 1985
Plan Termination and Reversion Control Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) to revise provisions relating to terminations of single-employer plans and reversions to employers resulting from such terminations. Prohibits mergers and consolidations of pension plans and transfers of plan assets or liabilities if any act or failure to act in accomplishing the merger, consolidation, or transfer violates the fiduciary duty of the employer under specified provisions (which provide that the assets of a plan shall never inure to the benefit of any employer and shall be held for the exclusive purposes of providing benefits to plan participants and their beneficiaries and defraying reasonable administrative expenses of the plan). Sets forth provisions for fiduciary responsibility: (1) for meeting specified requirements relating to distribution of residual assets upon termination of a single-employer plan; and (2) in connection with related plans following single-employer plan terminations. Makes it unlawful for any individual who is a party in interest, as described under specified provisions, in connection with a single-employer plan to exert undue influence on or cause a material misrepresentation to a plan fiduciary, with the intent to initiate or facilitate a plan termination in order to entrench or otherwise protect the status of such individual. Authorizes the Pension Benefit Guaranty Corporation (the Corporation) to assess a civil penalty against any person who commits such a violation. Limits the maximum amount of such penalty to five percent of the amount of any distribution from the plan to the employer pursuant to specified provisions. Makes such person also personally liable to make good to any aggrieved participant or beneficiary their losses resulting from such violation. Makes liability for any such violation joint and several. Authorizes the Corporation to seek: (1) injunctions against any act or practice constituting such a violation; or (2) other appropriate equitable relief to redress such violations or to enforce such requirements. Places limitations on distributions of residual assets to employers after single-employer plan terminations. Provides that those residual assets of the plan which are attributable to employee contributions shall be equitably distributed to the employees who made such contributions (or their beneficiaries) in accordance with their rate of contributions, in a specified manner. Provides that the remaining residual assets be available for distribution as follows: (1) 50 percent to participants and beneficiaries as compensation for unpaid constructive cost-of-living increases; and (2) 50 percent to participants who are within five years of normal retirement age under the plan. Provides for adjustments to the amounts of residual assets distributable to participants and beneficiaries through: (1) proration of available assets; (2) reallocation of excess available assets; and (3) adjustment to ensure equitable distribution. Provides that, only after all of the above requirements for distribution of residual assets to participants and beneficiaries have been met, any remaining residual assets shall be distributed to the employer if: (1) such distribution does not contravene any applicable Federal or State law; and (2) the plan has, since its establishment, provided explicitly for such a distribution in these circumstances. Gives plans in effect on the date of enactment of this Act 60 days after such date to contain such an explicit provision. Requires such plans to notify in writing each employee or retiree who qualifies as an interested party of the proposed plan amendment incorporating such provision at least 30 days before its adoption. Sets forth a special rule for distributions to employers in cases of transfers of coverage to other plans. Requires that any other residual assets of the plan, which remain after the above requirements for distribution to participants and beneficiaries are met and which are not distributable to employers because of the above requirements, be distributed to participants and beneficiaries in a specified manner. Directs the Corporation to issue regulations for such distributions of residual assets, including provision of consideration of administrative costs to the plan. Authorizes the Corporation to waive any such requirements, individually or by class, upon its determination that such administrative costs reader the distribution impracticable. Provides for increased availability to employers of residual assets upon certification of business necessity. Provides that a plan termination is a business necessity if it meets the requirements of: (1) a special rule for certain terminations incident to the sale of a business for fair value to an unrelated party; or (2) certain distress requirements. Provides that such distress requirements are met if the plan termination meets the conditions set forth in at least one of the following categories: (1) recent funding waivers; (2) liquidation in bankruptcy proceedings; (3) inability to pay debts and continue in business; and (4) unreasonably burdensome pension costs caused by a declining workforce (but not in the case of substantial layoffs). Precludes a business necessity determination: (1) where the primary purpose is to finance corporate take-overs; or (2) in the case of recently established plans, i.e. plans which have not completed five years. Revises ERISA provisions relating to the termination of single-employer plans to require 60 days' advance written notice to the plan participants and their beneficiaries before the plan administrator files a notice with the Corporation that the plan is to be terminated on a proposed date. Revises IRC provisions relating to plan qualification to set forth a five-year disqualification rule for replacement plans where plan termination is not a business necessity. Makes exceptions to such rule for derivative or successor plans which meet certain conditions. Places various limitations on the availability, after various types of employer reversions (i.e. employer acceptance of residual assets of a terminated plan pursuant to various requirements of this Act), of: (1) funding waivers for replacement plans; and (2) extensions of amortization periods for comparable plans. Requires faster funding for replacement plans after employer reversions. Provides that an alternative minimum funding standard is not available while such plans are subject to such faster funding requirement. Revises IRC provisions (relating to excise taxes in connection with qualified pension, etc., plans) to add an excise tax on reversions to employers upon termination of single-employer plans. Requires the employer to pay such tax in the amount of ten percent of the fair market value of the residual assets so distributed to the employer. Revises ERISA requirements relating to employer securities acquired or held by plans. Provides that, by specified dates and under certain conditions, a plan may not hold: (1) any employer security which is not qualifying employer stock; or (2) any qualifying employer stock to the extent that the aggregate fair market value of employer securities held by the plan exceeds five percent (currently ten percent) of the plan's assets. Provides for regulations requiring plans to divest themselves of 50 percent of their holdings of employer securities and employer real property by a specified deadline (in order to comply with the five percent limitation). Defines "qualifying employer stock" as an employer security which: (1) is stock in the employer; (2) does not constitute, and is not acquired subject to, any bond, debenture, note, or certificate or other evidence of indebtedness; and (3) is not subject to any restriction on marketability or voting power applicable by reason of its acquisition by a plan. Directs the Joint Board for the Enrollment of Actuaries to conduct a study of the reasonable actuarial assumptions and methods, for each of the various types of pension plans, which are appropriate for use by enrolled actuaries and others under ERISA and IRC in determining the actuarial status and funding requirements of such plans. Requires the Joint Board, within two years after enactment of this Act, to: (1) complete such study and report, with recommendations, to specified congressional committees; and (2) prescribe by regulation appropriate procedures for determining, for each type of plan, such appropriate actuarial assumptions and methods; and (3) determine such actuarial assumptions and methods for each type of pension plan in accordance with such procedures and publish such assumptions and methods in the Federal Register. Authorizes the Joint Board to: (1) revise by regulation the prescribed procedures; and (2) publish revised reasonable actuarial assumptions and methods for each type of plan. Requires the termination of enrollment of enrolled actuaries if they fail to use such prescribed assumptions and methods. Set forth requirements relating to the voting rights of participants in employee stock ownership plans (ESOPs) to which assets are transferred upon plan termination, under IRC tax qualification requirements and under ERISA transaction rules applicable irrespective of tax qualification status. Allows such transfer of assets only if: (1) the transfer is approved in advance in writing by a majority of the participants in the terminated plan; (2) the assets allocated to each participant are immediately deposited to an account under the ESOP for such participant; and (3) the voting ratio under the ESOP of each participant is not less than the participant's asset ratio under the plan. Makes the amendments made by this Act applicable (except as otherwise provided in this Act) to pension plan terminations with respect to which notices are filed with the Corporation, pursuant to specified ERISA provisions, on or after January 1, 1984. Treats any such notice filed before the date of the enactment of this Act as filed on such date for purposes of specified amendments made by this Act.
United States · United States Congress · 6 June 1985
Older Workers' Pension Rights Protection Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to require pension plans to allow: (1) participation by employees nearing retirement age; and (2) benefit accrual by participants to continue past normal retirement age.
United States · United States Congress · 6 June 1985
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 · 5 June 1985
Acid Deposition Control Act of 1985 - Title I: Acid Deposition Control Program - Amends the Clean Air Act to establish an interstate transport and acid precursor reduction program. Designates an acid deposition impact region comprising a long-range transport corridor of 31 States east of the Mississippi and the District of Columbia. Sets forth sulfur dioxide emission reduction standards for such region of ten million tons below 1980 levels by the beginning of 1996. Requires such reduction to be accomplished in two phases, half the reductions to be made by the start of 1991. Directs the Acid Precipitation Task Force to conduct an accelerated research program during the first phase, examining the pattern of effects of atmospheric loading of pollutants such as sulfur dioxide and nitrogen oxides. Authorizes appropriations through FY 1990, the program itself to be completed by the start of 1990. Directs the Administrator of the Environmental Protection Agency (EPA) to evaluate the results by the start of FY 1991. Authorizes the Administrator to change the second phase of the reduction program, based upon first-phase research, in any of the following areas: (1) excluding or including States; (2) restricting reallotment of reductions among States; (3) altering individual State targets; and (4) requiring reduction of nitrogen oxide emissions. Requires alterations to be made through public rule-making and after notice to the Congress, demonstrating increased protection. Requires impact region States to reduce their sulfur dioxide emissions in two phases to achieve a rate of no more than 1.2 pounds of sulfur dioxide per million British thermal units (Btus). Grants credits for reductions achieved after 1980 and permits States to reallot reductions among themselves unless otherwise prohibited. Requires State Governors to submit to the Administrator for approval two-phase reduction plans and compliance schedules. Directs the Administrator to establish reduction standards for any major source in noncompliance with its own plan or in a State without an acceptable emissions reduction plan. Requires owners or operators of major sources of sulfur dioxide emissions to submit to the Administrator reduction plans for such emissions if their State does not have an approved plan. States that failure to do so constitutes an emissions violation. Sets forth alternative methods of maintaining emissions limitations in addition to enforceable continuous emission reduction measures if such measures are enforceable by entities and persons other than the State in which the emissions occur: (1) least emissions dispatch to meet electric generating demand at existing generating capacity; (2) retirement of major stationary sources at an earlier than provided for date; (3) investments in energy conservation where emission reductions can be identified with such investments; (4) trading of emission reduction requirements and actual reductions through emission reduction banks or brokerage institutions; (5) precombustion cleaning of fuels; and (6) fuel substitution. Directs the President and the Secretary of State to negotiate emissions reductions with the Governments of Canada and Mexico to protect U.S. air from pollution from foreign sources. Directs the President to report periodically to the Congress on progress made. Directs the Administrator to report to the Congress within four years on a study of long-range transport of pollutant problems in the remaining States. Authorizes appropriations for FY 1986 through 1989. Directs the Administrator to report to the Congress on the emission limitation and enforceable measures adopted by the States or major stationary sources and approved by the Administrator. Directs the Administrator to develop and report to the Congress within four years on an inventory of sources of oxides of nitrogen in the impact region, control methods, and recommendations for emissions standards.
United States · United States Congress · 5 June 1985
Fair Employment Relations Resolution - Title I: Amendments to House Rules - Amends rules XI and XLIII of the Rules of the House of Representatives to prohibit discrimination against the handicapped in the hiring or discharge of House employees. Title II: Fair Employment Relations Board - Establishes the House Fair Employment Relations Board to: (1) make policies and guidelines for the implementation and enforcement of such rules; (2) supervise the operation of the House Fair Employment Relations Office; and (3) hear and determine complaints alleging violations of such rules. Title III: House Fair Employment Relations Office - Establishes the House Fair Employment Relations Office, headed by a Director (appointed by the Board), to: (1) develop procedures to implement the policies and guidelines of the Board; and (2) report to the House on information maintained on each category of individuals afforded equal employment opportunity by such rules. Directs the Office to utilize such information to identify discriminatory wage-setting practices. Requires the Office, upon request, to recommend to House committees improvements in their employment practices. Directs the Office to report to the House, by January 3, 1985, on the continuation or improvement of the procedures for settling complaints. Title IV: Complaints of Violations of Equal Employment Opportunity - Sets forth procedures for individuals who allege discrimination in violation of rules XLIII or XI, including counseling and conciliation, formal complaints and hearings, and appeals to the Committee on Standards of Official Conduct. Title V: General Provisions - Requires the cooperation of committees and offices with the Board, the Office, and the Committee on Standards of Official Conduct.
United States · United States Congress · 4 June 1985
Improved Standards for Laboratory Animals Act - Amends the Animal Welfare Act to revise the humane standards for animals transported in commerce. Requires the Secretary of Agriculture to promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and exhibitors. Requires each research facility to establish an institutional animal study committee with sufficient expertise to assess the appropriateness of animal care and treatment in experimental research. Requires the committee at each facility to: (1) inspect at least semiannually all animal study areas and animal areas and animal facilities at the research facility; (2) file an inspection certification report of each inspection at the research facility; (3) notify the administrative representative of the research facility of any deficiencies; and (4) notify the Animal and Plant Health Inspection Service and the funding Federal agency if such deficiencies remain uncorrected. Requires each research facility to provide for annual training in the humane treatment of animals for scientists, animal technicians, and other personnel involved with animal care and treatment in such facility. Directs the Secretary to establish an information service at the National Agricultural library to provide information on improved methods of animal experimentation, including: (1) employee training; (2) preventing unnecessary duplication of animal experimentation; (3) reducing or replacing animal use; and (4) minimizing pain and distress. Requires funding Federal agencies to revoke Federal support for a project if it is determined that conditions of animal care, treatment, or practice in a particular project have not been in compliance with standards promulgated under this Act. Requires the Secretary to inspect each research facility at least once each year. Requires such follow-up inspections as may be necessary until all deficiencies which may be found are corrected. Imposes penalties for the release of any confidential information or trade secrets by any member of an institutional animal committee. Increases penalties for violations of the Animal Welfare Act.
United States · United States Congress · 4 June 1985
Requires the Secretary of Defense to prepare an acquisition plan before initiating full-scale development of a weapon system or other defense equipment under a major defense acquisition program. Requires the use of competitive procedures when required by statute in such a plan. Mandates the inclusion in the plan of the establishment and maintenance throughout the duration of the program of two or more development sources of such program and of two or more production sources for system integration and for the production of major subsystems so that each production contract will result in a majority or plurality of the production under the contract being awarded to the bidder with the proposal most advantageous to the United States. Allows the Secretary of Defense to waive such requirements if such requirement will materially increase total program cost and will delay program completion. Requires the Secretary to submit a report to the Congress with a request for specific statutory authority to enter into a sole source prime contract for a major defense acquisition program. Sets forth the information required to be included in such report. Prohibits the awarding or renewal of a sole source prime contract for any major defense acquisition program unless the Congress authorized such specific contract in an annual Defense Authorization Act or in other appropriate legislation. Requires the Comptroller General to conduct a comprehensive audit of each prime sole source contract awarded by the Department of Defense for a major defense acquisition program and report the results of the audit to the Congress. Directs the Secretary to develop and implement an introductory training program for all personnel responsible for assuring quality standards for weapon systems or other defense equipment. Requires the attendance at such program within the first six months of a person's assignment to duties involving quality assurance. Provides that the cost of repair or replacement, including all labor costs, for weapons systems, other defense equipment, or services provided to the Department of Defense which fail to meet quality standards must be borne by the contractor. Imposes a penalty on contractors for failure to disclose instances in which defense equipment or services fail to meet prescribed quality standards. Places the burden of proof upon the contractor in any action in which the reasonableness of any contract costs for which a contractor seeks reimbursement is at issue. Prohibits a former employee of the Department of Defense or member of the armed forces from accepting compensation from any contractor for a three-year period beginning on the date of separation from government service or from discharge or release from active duty, if within three years before such date, the employee or member of the armed forces had significant responsibilities in the performance of a procurement function with respect to that contractor. Imposes fines on the various parties for violation of such provisions. Requires each contractor to furnish by March 1 of each year to the Inspector General of the Department of Defense a report on persons whom the contractor furnished compensation during the preceeding year. Requires copies of such report to be furnished to the Congress. Requires the Inspector General to assess the accuracy of such reports and report any violations to the Attorney General for prosecution or other appropriate action. Imposes an administrative penalty on any contractor who fails to transmit such report to the Inspector General. Requires the Director of the Office of Government Ethics to submit to the Congress a report on actions relating to the review of the reports filed. Exempts contracts for an amount of less than $25,000 from these requirements. Directs the Office of Government Ethics to coordinate and review the implementation and administration of these requirements. Provides a procedure for any person to request an opinion as to the applicability of these provisions to compensation received which might be in violation of these provisions. Modifies the requirements respecting persons holding civilian office or employment in the Department of Defense concerning the disclosure of employment or former employment with certain defense contractors. Authorizes appropriations for the purposes of carrying out the functions of the Office of Small and Disadvantaged Business Utilization for FY 1986 and 1987.
United States · United States Congress · 23 May 1985
Tobacco Equalization Act of 1985 - Title I: Adjustment of Tobacco Price Support Program - Amends the Agricultural Act of 1949 to exempt the 1985 and subsequent tobacco crops from the No Net Cost Tobacco Fund (Fund) and No Net Cost Tobacco Account (Account) contribution provisions. Directs the Secretary of Agriculture, with respect to the 1985 and subsequent tobacco crops, to make price supports available to producers through loans to associations. Provides for the transfer of such Fund and Account balances through the Commodity Credit Corporation of the Tobacco Equalization Trust Fund as created by this Act. Title II: Additional Tax on Cigarettes - Amends the Internal Revenue Code to: (1) establish in the Treasury the Tobacco Equalization Trust Fund; and (2) impose an additional excise tax on cigarettes to finance such Fund and support program.
United States · United States Congress · 23 May 1985
Pension Vesting, Integration, and Portability Act of 1985 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - 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 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. Title II: Amendments to the Internal Revenue Code to 1954 - 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. Title III: Additional Provisions - 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.
United States · United States Congress · 22 May 1985
Authorizes the President, on behalf of the Congress, to present gold medals to Jan Scruggs, Robert Doubek, and Jack Wheeler, in recognition of their tireless efforts to give the Vietnam Veterans Memorial to the Nation. Directs the Secretary of the Treasury to sell bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 22 May 1985
Prohibits any person from mining or using any natural resource situated in or originating from Namibia or otherwise removing any natural resource from Namibia without the permission of the United Nations Council for Namibia. Provides for enforcement of such prohibition. Directs the President to try to persuade other governments to adopt restrictions on activities affecting natural resources situated in or originating from Namibia until Namibia has achieved internationally recognized independence. Terminates this Act if: (1) the President certifies that Namibia has achieved internationally recognized independence and that legal authority for Namibia has been transferred from the United Nations Council for Namibia to the lawful government of Namibia; (2) the President submits that certification to the Congress; and (3) a law or joint resolution is enacted approving such certification. Declares that it is U.S. policy that any U.S. person that is sued for damages as provided in a specified United Nations decree relating to the protection of the natural resources of Namibia will receive no aid from the United States in defending against such suit and will receive no compensation from the United States for damages assessed or paid on account of such liability.
United States · United States Congress · 22 May 1985
Korean War Veterans Memorial Act of 1985 - Authorizes the American Battle Monuments Commission to erect a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. armed forces who served in the Korean war. Subjects the selected site, design, and plans for the construction of such memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission. Directs that, upon its completion, the memorial shall be turned over to the Department of the Interior which shall then be solely responsible for its maintenance. Authorizes appropriations.
United States · United States Congress · 22 May 1985
Authorizes and requests the President to designate July 16, 1985, as National Atomic Veterans Day.
United States · United States Congress · 21 May 1985
Prohibits the Board of Regents of the Smithsonian Institution from using any Smithsonian Institution funds to make, directly or indirectly: (1) any extension of credit to the Government of South Africa; (2) any extension of credit to, or investment in, any corporation or other business enterprise that is owned (in whole or part) or controlled by the Government of South Africa; and (3) any extension of credit or investment in South Africa. Requires the Board, within one year after the effective date of this Act, to liquidate any such extensions of credit or investments which are in existence on such date. Makes such requirement inapplicable to any extension of credit or investment for which a contract or other legally binding agreement is entered into before the effective date of this Act. Terminates such prohibition and requirements imposed by this Act upon approval by law of any report submitted to the Congress by the Board which contains a determination that the abolition of apartheid has taken place in South Africa and the reasons for such determination.
United States · United States Congress · 16 May 1985
Children's Protection Act of 1985 - Amends the Racketeer Influenced and Corrupt Organizations Statute to extend the Act's coverage to the sexual exploitation of children. Authorizes a civil suit for treble damages for any person injured personally or in his or her business or property. Amends the Federal criminal code with regard to the sexual exploitation of children. Makes it a Federal offense to print or publish any statement or advertisement to receive, buy, produce, display, photograph, film, print or publish any statement or advertisement to receive, buy, produce, display, photograph, film, print or record any visual depiction of a minor engaging in sexually explicit conduct. Prohibits offering participation in sexually explicit conduct with a minor. Lists factors that may be considered in determining whether a person engaged in such conduct has attained the age of 18. Provides that the Government need not establish the identify of the alleged minor in a prosecution under this section. Increases the penalties for offenses involving the transportation of minors for prohibited sexual conduct.
United States · United States Congress · 14 May 1985
Directs the President to provide to the House of Representatives all information in his possession relating to covert training or other support of counterterrorist units against anti-American terrorists in Lebanon or other parts of the Middle East.
United States · United States Congress · 13 May 1985
Economic Equity Act of 1985 - Title I: Retirement - Pension Vesting, Integration, and Portability Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to maximum age conditions under pension plans to provide for continued coverage for certain workers over the normal retirement age. Provides that pension plans may only exclude from participation, on the basis of age, an employee who has attained the normal retirement age under the plan if: (1) the plan is a defined benefit plan or a target benefit plan (as under current law); and (2) the employee's accrued benefit under the plan is greater than the normal retirement benefit to which the employee would be entitled at the normal retirement age if the employee commenced participation at the earliest possible entry age under the plan and served continuously until attaining the normal retirement age under the plan. Revises provisions relating to minimum vesting standards to reduce, from ten years to five years, the number of years of service which a pension plan participant must complete in order to earn a nonforfeitable right to 100 percent of the participant's accrued benefit derived from employer contributions. Permits multiemployer pension plans to retain the ten-year minimum vesting standard if such plans meet certain conditions, including complete reciprocity for workers who move from one regional pension plan to another within the same industry. Repeals a certain "class year plan" rule. Permits participants with three (currently five) years of service to elect, within a specified period to have their nonforfeitable percentage computed under the plan without regard to any plan amendment changing the vesting schedule. Revises minimum participation standards, minimum vesting standards, and benefit accrual requirements to provide for pension plan coverage of part-time workers. Revises the definition of "year of service," for purposes of minimum participation and vesting standards, to treat 500 to 1,000 hours of service per year by a part-time employee as one-half of a year of service. Provides that the date on which such employee completes such one-half of one year of service shall be the latest date until which the plan participation of such employee may be delayed. Includes service of at least 500 (currently 1,000) hours in determinations of years of plan participation for purposes of benefit accrual requirements. Establishes minimum benefit rules for integrated pension plans. Requires such plans to offer a minimum benefit without taking into account contributions or benefits under specified provisions of the Social Security Act, the Internal Revenue Code, or any other Federal or State law. Sets forth formulas, based on specified percentages of employee compensation, for determining such minimum benefit in the case of: (1) an integrated defined benefit plan; and (2) an integrated defined contribution plan or an integrated simplified employee pension. Directs the Secretary of the Treasury to prescribe necessary or appropriate regulations to carry out the purposes of such minimum benefit rules for integrated plans in any case in which the employer has two or more plans. Provides for distributions of accrued benefits of less than $7,000 to portable pension accounts (individual retirement accounts or individual retirement annuities). Requires a pension plan to distribute a participant's nonforfeitable benefit to a portable pension account if: (1) the plan is a defined benefit plan, or an individual account plan subject to specified funding standards; (2) the present value, as of the date of separation from service, of such benefit is less than $7,000; and (3) the participant elects in writing, after receiving a required notice, to have such benefit distributed to such portable pension account in a distribution which is excluded from gross income under specified Internal Revenue Code provisions. Directs the Secretary of Labor to prescribe by regulation the manner and form in which such election is to be made. Requires the plan administrator, upon being informed by a participant that the participant wishes to make an election pursuant to these provisions, to provide notice to the participant of: (1) the present value, as of the date of separation, of the participant's nonforfeitable benefit (with such present value to be deemed equal to the actuarial equivalent, as of such date, of the normal form of benefit under the plan); (2) the amount of the participant's benefit on the date of the participant's retirement payable under the pension plan at normal retirement age expressed in the form of a single life annuity under a defined benefit plan or in the normal form of payment under an individual account plan; and (3) the additional tax (under specified Internal Revenue Code provisions as revised by this Act) on distributions from, or disqualification, of the portable pension account before the date on which the participant attains age 59 1/2. Amends the Internal Revenue Code to revise provisions relating to pension plans. Makes such revisions similar to those made to ERISA by title I of this Act with respect to: (1) continued coverage for certain workers over the normal retirement age; (2) a minimum vesting standard of five years of service (reduced from ten years), with the exception of multiemployer plans meeting certain conditions (including reciprocity); (3) repeal of the class year plan rule; (4) protection from changes in the vesting schedule for participants with three years of service; (5) coverage for part-time workers under minimum participation standards, minimum vesting standards, and benefit accrual requirements; (6) establishment of minimum benefit rules for integrated plans; and (7) distributions of accrued benefits to portable pension accounts. Revises provisions relating to additional tax on certain amounts included in gross income before age 59 1/2. Requires, in cases of early distributions or disqualification involving portable pension accounts to which accrued benefits from a pension plan have been distributed as provided under this Act, that the additional tax (for the taxable year in which the early distribution is received or the disqualification occurs) shall be equal to the amount of the early distribution, or of the disqualification, which is includible in gross income for such taxable year. Directs the Secretary of Labor to: (1) conduct a study of the feasibility and ramifications of requiring private employee pension benefit plans to provide cost-of-living adjustments to benefits payable under such plans; (2) compile data and analyze the effect inflation is having and may be expected to have on retirement benefits provided under such plans; and (3) submit study results, with recommendations, within two years after enactment of this Act. Social Security Modernization Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple which are attributable to the period of their marriage shall be shared equally between them for purposes of determining the eligibility for and amount of OASDI benefits to which each spouse is or may become separately entitled. Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage. Provides that this Act shall not apply in specified cases where it would result in a reduction of OASDI benefits. Provides full benefits for disabled widows and widowers without regard to age. Enables an insured individual's spouse who has attained the age of 50 and is not entitled to any other monthly benefits to obtain a transition benefit for four months upon the death of the insured individual. Establishes the amount of such transition benefit at 71.5 percent of the primary insurance amount of the insured individual or, if it is higher, 71.5 percent of the primary insurance amount of the spouse. Repeals the separate definition of disability applicable to widows and widowers. Permits the months of a widow's or widower's entitlement to Supplemental Security Income benefits (title XVI of the Social Security Act) on the basis of a disability to be counted towards the 24 months needed to become entitled to hospital insurance benefits under Medicare (title XVIII of the Social Security Act) on that basis. Uniformed Services Former Spouses' Equity Act - Provides that a former spouse of a member of the uniformed services shall be entitled, unless expressly provided by a spousal agreement or court order, to an annuity: (1) equal to 50 percent of the retired or retainer pay of the member if married to the member throughout the creditable service of the member; or (2) equal to a pro rata share of 50 percent of such pay if not married to the member throughout the entire creditable service of the member. Requires that an election by a member not to participate, or to participate at a reduced level, in the Survivor Benefit Plan or to provide an annuity for a dependent child only must be made jointly with the member's spouse. Provides that such an election must be in writing. Allows a member who has a former spouse to jointly elect a spousal agreement with such former spouse or as provided under a court order to provide a survivor to the former spouse or to waive such an annuity. Treats a former spouse as a spouse for purposes of eligibility as a beneficiary, computation of annuities, and reductions in retired or retainer pay under the Survivor Benefit Plan if the member elects such treatment. (Present law treats a former spouse as a person with an "insurable interest" subject to certain restrictions and requiring larger reductions in retired or retainer pay.) Establishes a 24 month period during which members who were already divorced before the effective date of this Act may elect to have a former spouse covered under the Survivor Benefit Plan. Provides that a former spouse's share of retired or retainer pay shall be based on the gross amount of such pay. (Present law bases such share on the net amount of such pay after specified deductions.) Social Services and Child Care Assistance Act of 1985 - Title II: Dependent Care - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to set allotment amounts for FY 1984, 1985, and 1986 and each succeeding fiscal year. Allocates, from the allotment set for FY 1986 and available for any fiscal year, specified amounts for: (1) funding for a National Resource Center on Family Day Care; (2) grants to States which fulfill certain conditions with respect to the licensing, regulation, and monitoring of child care services; and (3) the provision of services in accordance with title XX. Provides that, of the amounts allotted for the provision of services, specified amounts shall be used: (1) for the training and retraining of human services personnel; (2) for the training and retraining in the prevention of child abuse of licensed child care operators; and (3) for the provision of child day care services to children who are abused or neglected, who are members of families receiving aid under title IV (Aid to Families with Dependent Children) of such Act, or children who are members of specified low-income groups. Amends the Higher Education Act of 1965 to add a new title XII, School-Based Child Care Programs. (Redesignates the current title XII as title XIII.) Authorizes appropriations for FY 1986 through 1990 for grants to institutions of higher education for: (1) construction, reconstruction, and renovation of facilities, located at such institutions, to be used to provide child care services (free for students from families with incomes less than 150 percent of the poverty level, and with a sliding-scale of fees based on income for other students participating); (2) child care services through vouchers for disadvantaged college students (with two-thirds of the participants to be low-income students who are first generation college students, and the remainder to be either low-income or first generation college students); and (3) child care personnel work-experience programs (which provide experience for students by arranging part-time employment for them in licensed child care programs). Requires the Secretary of Housing and Urban Development to provide grants to public housing authorities to assist them in providing child care services for lower income families. Requires a program report to the Congress within three years. Authorizes FY 1986 through 1988 appropriations. Title III: Insurance - Nondiscrimination in Insurance Act - Prohibits discrimination on the basis of race, color, religion, sex, or national origin in the consideration of applications for, or the granting of, insurance policies and the terms of such policies. Permits insurers who regularly provide insurance solely to persons of a single religious affiliation to continue to do so. Prohibits any insurer from establishing auto insurance rates for women or any particular group of women which are higher or lower in relation to the rates offered men or any similarly situated group of men, except for non-gender related risk-based reasons. Grants to States having insurance discrimination laws the primary opportunity to enforce the prohibitions of this Act. Permits an aggrieved person to file a civil action in State or Federal court against an insurer if the State has terminated all proceedings under State law. Authorizes the Attorney General to bring a civil action in district court when there is reasonable cause to believe that a person or group is engaged in a pattern or practice of resistance to the rights granted by this Act and that such denial raises an issue of general public importance. Authorizes the Court to: (1) order the defendant to amend any relevant contract to comply with the provisions of this Act; (2) require the defendant to pay punitive damages in addition to actual damages; and (3) award the aggrieved person reasonable attorneys' fees. Continued Access to Group Health Insurance Act of 1985 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to require continuation coverage under group health plans for certain spouses, former spouses, and dependent children of employees insured under such plans. Makes such continuation coverage a requirement for the allowance of a tax deduction for employer contributions to group health plans. Provides that the spouse and dependent children of an insured employee may be entitled to five years of continuation coverage under a group health plan if the insured employee: (1) dies; (2) becomes separated or divorced from his or her spouse; or (3) becomes entitled to Medicare. Makes such coverage available only if it is elected within a specified period by or on behalf of the spouse or child to be covered. Sets forth notification requirements. Sets forth a special rule relating to collective bargaining agreements. Title IV: Employment - Requires the Equal Employment Opportunity Commission to: (1) conduct research for identifying and measuring wage discrimination; (2) assist any public or private entity in eliminating discriminatory pay practices; and (3) implement policies and procedures to prohibit employment discrimination. Requires the Commission to determine the number and nature of all charges filed under the Civil Rights Act of 1954 and to report to the Congress with a summary prepared pursuant to this Act. Requires the Commission to conduct a study in consultation with organizations representing Federal employees and analyze: (1) the procedures established by the Director of the Office of Personnel Management (OPM) to establish classifications of positions in the competitive service; and (2) the actual practices of the Director and the heads of Federal agencies in complying with the principle of equal pay for work of equal value when establishing job classifications for employees. Requires the Commission to report to the President and the Congress on its findings and provide a copy to the Director of OPM. Directs the Director to submit his comments on the report to the President and the Congress. Directs the Secretary of Labor, acting through the Office of Federal Contract Compliance Programs, to report to the President and the Congress on actions taken to enforce the prohibitions contained in Executive Order Numbered 11246 against discrimination by Federal contractors. Requires the Attorney General, acting through the Office of Civil Rights, to report to the President and the Congress on actions taken to enforce the prohibitions against sex discrimination in compensation contained in title VII of the Civil Rights Act of 1964, Executive Order Numbered 11246, and other Federal laws. Requires Federal agencies responsible for submitting equal employment opportunity plans to include in such plans: (1) a review and identification of any discriminatory pay practices and any violation of the principle of equal pay for jobs of equal value; and (2) a plan for eliminating any such practices and remedying any such violation. Directs the Office of Personnel Management (OPM) to provide, by contract with a consultant, for a report on discriminatory wage-setting practices and discriminatory wage differentials within the Federal position classification system and the prevailing rate (job grading) system. Defines "discriminatory wage-setting practices" as a practice resulting from lower rates of pay for female employees doing work comparable to that of higher-paid males. Requires OPM, within one month of receiving such report, to transmit a copy to the President and specified congressional committees, with written comments. Requires the consultant to submit such report to OPM and the Pay Equity Study Council (established by this Act) within six months after entering into its contract. Requires OPM, within ten days after the effective date of this Act, to establish a Pay Equity Study Council to assist in the selection of a consultant and comment on the final report. Requires that Council membership consist predominantly of representatives of labor organizations representing Federal female employees. Terminates the Council after it submits comments on the final report. Establishes a Commission on Employment Discrimination in the Legislative Branch. Directs the Commission to: (1) employ a nongovernmental consultant to study the compensation paid to Library of Congress personnel and analyze personnel policies of the Library; (2) evaluate the compensation system of the Library for compliance with title VII of the Civil Rights Act of 1964 and make any recommendations needed to achieve compliance; (3) develop a plan for the application of title VII through the legislative branch; and (4) make recommendations to the Congress for improvement of personnel policies and practices in the legislative branch. Directs the Commission to submit a final report to the Congress 18 months after enactment of this Act. Terminates the Commission 30 days after submission of the final report. Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to invite each State having an approved plan under part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to submit an application to establish and conduct a demonstration project for the purpose of testing whether the provision of mandatory education or vocational training (or both) for the caretaker parents of dependent children under six years of age in families receiving AFDC would enable such families to leave the AFDC rolls quickly and assist such parents in securing long-term gainful employment at earnings levels sufficient to maintain their families without public assistance. Requires any State desiring to establish and conduct such a demonstration project to submit an application to the Secretary within six months after the enactment of this Act. Directs the Secretary to approve ten of the proposed projects. Requires six of the approved projects to be located in urban areas and four to be located in predominantly rural areas. Prohibits the approval of a project unless: (1) it is of sufficient size and scope to demonstrate program and cost effectiveness and to permit the drawing of valid inferences for evaluation and policy recommendations; (2) it will be conducted for a period of not less than three nor more than five years; (3) it covers all caretaker parents in families which are eligible for aid under the applicable State plan and which include one or more children under six years of age; (4) it provides for participation by caretaker parents on a voluntary basis; and (5) it complies fully with all other requirements and will contribute to the purposes of this Act. Defines "caretaker parent". Directs a State, in conducting an approved demonstration project, to: (1) offer each caretaker parent in a jurisdiction involved an opportunity to participate in the project; (2) establish an individualized program for the education or vocational training of each participating caretaker parent; (3) permit such parent to receive education or training under the program so established (from the time the youngest child in the care of such parent is six months old, or earlier with a physician's written permission) until either the parent is employed and self-sufficient, the parent is no longer a caretaker parent, or the family has become ineligible for aid; and (4) require the project to maintain support services, including child care, transportation, and health care services for each participant. Directs the Secretary to pay each State with an approved demonstration project 90 percent of the costs incurred by the State in establishing and carrying out such project. Requires the remainder of the costs incurred to be paid from non-Federal sources. Requires the education or training for caretaker parents in such program to meet the following requirements: (1) for caretaker parents without a high school diploma the education must lead to such diploma; (2) after receipt of such diploma (or in the case of an individual already having a high school diploma or better), the caretaker parent must participate in an approved post-secondary education program, an approved vocational education program, or a program of employment and training under auspices of the Job Training Partnership Act; (3) the award of an academic scholarship to a caretaker parent shall not result in any loss of eligibility or benefits under AFDC or any other public assistance program, so long as the scholarship payments are made directly to the appropriate educational institution; (4) the education and training must include instruction in family management and life skills, employment and job search training, career counseling, and community-supported recreational activities; (5) appropriate English language and adjustment training must be provided for caretaker parents from immigrant groups who have language or cultural adjustment difficulties; (6) special training must be provided for physically handicapped participants; (7) education and training for each participant in the project must be provided for at least 20 hours per week and must be coordinated with available child care services; and (8) any caretaker parent who has completed all of the education and training required by this Act shall remain a participant in the project for 20 hours a week of job search and placement assistance (with coordinated child care) until either the parent is employed and self-sufficient or the family has become ineligible for AFDC. Provides that in the case of a caretaker parent who ceases to be a participant in the project because he or she has completed all of the education and training required by this Act and has become employed: (1) the parent will be provided with child care services, as necessary, without charge for a six-month period, and thereafter for a certain period subject to the payment of a gradually increasing portion of the cost of such services; and (2) the parent shall be considered for a 15-month period to be still a project participant for purposes of receiving Medicaid (title XIX of the Social Security Act) and shall thereafter be similarly considered to still be a participant for such purposes but subject to stated conditions. Requires all of the child care and transportation which is necessary for a caretaker parent to participate in a demonstration project to be included, without charge to the caretaker parent, as a part of the project. Requires each approved project to be designed so as to provide an effective demonstration of: (1) the planning and design of quality and cost-effective approaches to child and infant care; (2) the cost-effective utilization of existing publicly-funded educational, vocational, and other training programs; (3) coordination with other community service providers, including job developers; and (4) cost-effective and creative approaches to the utilization of transportation facilities. Prohibits participation in an approved project by a caretaker parent from resulting in any loss of eligibility or benefits under AFDC or any other public assistance program. Permits a State to make participation mandatory if: (1) it is necessary to operate a project in a cost-effective manner; (2) participants would not be disadvantaged financially or otherwise; and (3) children in need of assistance would not be disadvantaged. Provides that if any caretaker parent who is required to participate in a project refuses to undergo any education or training required by this Act or otherwise fails to participate in an approved demonstration project, without a reasonable basis for such refusal or failure as determined on medical, psychological, psychiatric, or other grounds by an appropriate licensed practitioner in accordance with regulations prescribed by the Secretary (subject to a State being granted a waiver): (1) such parent's needs shall not be taken into account in determining need under AFDC with respect to the parent's family; and (2) any AFDC payments shall be made in the form of protective payments. Requires each approved demonstration project to have a voluntary advisory group to assist in developing the program and in monitoring the project. Sets forth reporting requirements (including reports to the Congress). Requires each State in which a demonstration project is located to submit to the Secretary such information as the Secretary may require concerning a project. Women's Business Ownership Act of 1985 - Establishes the National Commission on Women's Business Ownership to review: (1) the status of women-owned small businesses nationwide; (2) the role of the Federal Government in aid to and the promotion of women-owned small businesses; (3) data collection procedures and the availability of data relating to women-owned businesses, women-owned small businesses, and small businesses owned and controlled by socially and economically disadvantaged women; (4) other Federal initiatives relating to women-owned small businesses, including those relating to Federal procurements; and (5) special impediments suffered by small businesses owned and controlled by socially and economically disadvantaged women. Directs the Commission to recommend: (1) new private sector initiatives which would provide management and technical assistance to women-owned small businesses; (2) ways to promote greater access to financing and procurement opportunities for such businesses; and (3) other measures relating to small businesses owned and controlled by socially and economically disadvantaged women. Terminates the Commission on the date that it transmits its final report to the President and to each House of the Congress. Authorizes appropriations. Title V: Tax Reform - Amends the Internal Revenue Code to provide that the zero amount for heads of households shall be the same as the zero bracket amount for joint returns and surviving spouses. Increases the amount of the earned income tax credit from 11 percent to 16 percent of the first $5,000 of earned income. Provides for a phaseout of such credit for taxpayers with adjusted gross incomes between $11,000 and $16,000. Provides that governmental payments shall be disregarded for purposes of determining support and maintenance of a household. Provides that any refund of Federal income taxes or advance payment made to an individual by reason of the earned income credit shall not be taken into account as income for purposes of determining eligibility for benefits or assistance under any Federal program or any State or local program financed in whole or part with Federal funds. Provides for cost-of-living adjustments for the amount of the earned income credit and the phase-out thresholds of such credit beginning in 1987. Allows a refundable income tax credit for: (1) employment related dependent care expenses; plus (2) expenses for the respite care of a dependent. Sets the amount of such credit at 50 percent of the sum of such expenses. Reduces such percentage (but not below 20 percent) by one percent for each full $2,000 amount by which the taxpayer's adjusted gross income exceeds $11,000. Provides for cost-of-living adjustments to such adjusted gross income amount. Limits the amount of employment-related expenses and respite care expenses which may be taken into account for purposes of such credit. Allows such credit for expenses incurred for the care of: (1) a dependent of the taxpayer who is under the age of 15; (2) a dependent of the taxpayer who is physically or mentally incapable of caring for himself; or (3) a spouse who is incapable of caring for himself. Repeals present provisions relating to the income tax credit for dependent care expenses necessary for gainful employment. Increases the amount individuals may contribute on behalf of their spouses for purposes of the deduction for retirement savings. Provides that no deduction from gross income shall be allowed to a taxpayer for entertainment expenses for food, beverages, lodging, or entertainment incurred in connection with a facility which discriminates on the basis of race, color, religion, sex, or national origin. Exempts facilities operated by a religious organization where access is limited to members of a particular religion. Treats dues and fees paid to discriminatory facilities as nondeductible expenses. Requires the submission of a statement to the Secretary of the Treasury that a facility not open to the public does not discriminate in order for amounts paid to such facility to qualify for the entertainment expense deduction. Requires the posting of a public notice in the facility stating the nondiscriminatory policy. Permits the Secretary to revoke the acceptance of the statement of nondiscrimination. Requires the taxpayer to report on his or her income tax return any amounts paid or incurred for food, beverages, lodging, or entertainment in any facility which is not open to the public or does not serve the public in order to deduct such amounts from gross income.
United States · United States Congress · 13 May 1985
Directs the Director of Central Intelligence to provide to the House of Representatives all information in its possession relating to covert training or other support of counterterrorist units against anti-American terrorists in Lebanon or other parts of the Middle East.
United States · United States Congress · 8 May 1985
Authorizes appropriations for the Patent and Trademark Office for FY 1986 through 1988. Reduces patent fees for independent inventors, nonprofit organizations and small businesses. States that appropriations shall remain available until expended. Prohibits the Commissioner of Patents and Trademarks from increasing certain trademark and patent fees during FY 1986 through 1988 except to reflect changes in the Consumer Price Index. Prohibits the Commissioner from imposing fees for the use of public patent or trademark searching facilities. Prohibits the use of collected fees for automatic data processing resources procurement during such fiscal years. Prohibits the Commissioner from exchanging automatic data processing resources during such years.
United States · United States Congress · 8 May 1985
Expedited Funds Availability Act - Requires the Board of Governors of the Federal Reserve System to begin to develop a system to provide that: (1) funds deposited by checks drawn on a local depository institution shall be available for withdrawal the next business day following the day of deposit; and (2) for all other checks, not more than three business days shall pass between the day of deposit and the day on which the funds become available. Requires such system to be implemented no later than five years after the date of enactment of this Act. Requires the Board, not later than six months after the date of enactment of this Act and annually thereafter until such goal is achieved, to report to the Congress concerning the actions it has taken. Sets forth time standards for expedited check clearing in any case in which funds are deposited by check in an account at a depository institution. Requires cash deposits to be available on the next business day. Makes exceptions to such standards with respect to: (1) checks drawn on a depository institution or an office of a depository institution located outside of the United States; (2) deposits of checks aggregating more than $5,000 in any account on any business day, excluding cashier's and certified checks beginning two years after enactment of this Act; (3) deposits made by new depositors within the first 30 days after opening an account, excluding cashier's and certified checks beginning two years after enactment of this Act; (4) any account that is overdrawn three times in six months; and (5) emergencies beyond the control of the depository institution. Permits a State to require, or a depository institution to provide for, shorter time periods for deposit availability. Requires interest to accrue on funds deposited in interest-bearing accounts beginning on the business day of deposit. Requires a depository institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by check. Authorizes the Board to publish model disclosure forms and clauses for common transactions. Directs the Board to establish a Payments System Advisory Council to advise and consult with it in the exercise of its functions under this Act. Sets forth provisions governing: (1) the administrative enforcement of this Act; and (2) the civil liability of institutions that fail to comply with this title.
United States · United States Congress · 8 May 1985
National Nutrition Monitoring and Related Research Act of 1985 - Title I: Nutrition Monitoring and Related Research - Establishes a ten-year coordinated program, to be known as the National Nutrition Monitoring and Related Research Program, which will be implemented by the Secretary of Health and Human Services. Establishes an Intergovernmental Science Board for Nutrition Monitoring and Related Research to facilitate the management and implementation of such program. Directs the Secretary to appoint an Administrator of Nutrition Monitoring and Related Research Program to coordinate such program. Sets forth the functions of the Secretary with respect to such program including: (1) establishing a National Science Foundation administered matching grant program for specified nutritional and dietary purposes; and (2) submitting an annual report to the President and the Congress. Requires the Secretary to prepare and implement a comprehensive National Nutrition Monitoring and Related Research Plan which shall: (1) assess and report on U.S. nutritional and dietary trends; (2) assess and report on low-income food and household expenditures; (3) sponsor and conduct research; and (4) develop and update a national dietary and nutritional status data bank; (5) assist State and local agencies in developing procedures and networks for nutrition monitoring and surveillance; and (6) focus the activities of Federal agencies. Requires the plan to allocate the project functions and activities among the various Federal agencies and offices involved. Requires the Secretary to provide for and coordinate such scientific research and development as may be necessary to support the coordinated program and comprehensive plan. Authorizes appropriations. Title II: National Nutrition Monitoring Advisory Council - Establishes a 15-member Advisory Council to: (1) provide scientific and technical advice on the development and implementation of all components of the coordinated program and the comprehensive plan; (2) evaluate such program and plan; and (3) submit an annual report to the Secretary.
United States · United States Congress · 8 May 1985
Designates May 25, 1985, as Missing Children Day.
United States · United States Congress · 7 May 1985
Field Office Closing Justification Act - Requires executive agencies (except the General Accounting Office and the Department of Defense) to report to the Congress prior to any personnel action respecting an employee assigned to any field office which is incidental to a reorganization of such field office. Describes such personnel action as removal, reduction in grade or pay, involuntary reassignment, or furlough.
United States · United States Congress · 7 May 1985
Declares that whether or not the position of an agency in an adjudicative proceeding was substantially justified shall be determined on the basis of the administrative record, as a whole, in the adversary adjudication for which fees and expenses are sought. Provides that the decision on the award of legal fees and other expenses by the adjudicative officer of a Federal agency that conducts an adversary proceeding shall be the final administrative decision. Bars any such decision when the Government appeals the underlying merits of an adversary adjudication until a final and unreviewable decision is rendered by the court on appeal or until the underlying merits of the case have been finally determined pursuant to the appeal. Amends the definition of a "party" which is eligible to be awarded legal expenses to exclude any individual whose net worth exceeds $2,000,000 (currently $1,000,000) and any entity whose net worth exceeds $7,000,000 (currently $5,000,000), including any local government. Redefines an "adversary adjudication" for which such expenses may be awarded to include any appeal before an agency board of contract appeals under the Contract Disputes Act of 1978. Authorizes a party or the United States, if dissatisfied with an adjudicative officer's determination of such expenses, to appeal the determination to the appropriate U.S. court within 30 days after such determination is made. Requires a court's determination on such an appeal to be based solely on the factual record made before the agency. Authorizes a court to modify the determination only if it finds that the failure to make an award of expenses or the calculation of the amount of the award was unsupported by substantial evidence. Requires agencies to pay litigation expenses to prevailing parties from funds made available to the agency by appropriation or otherwise. Defines "civil action" to include any appeal by a party other than the United States from a decision of a contracting officer on a dispute in a Federal contract. Provides that a person shall be a prevailing party in eminent domain proceedings if the person obtains a final judgment which is at least as close to the highest valuation of the property attested to at trial on behalf of the property owner as it is to the highest valuation of the property attested to at trial on behalf of the Government. Amends the Equal Access to Justice Act to provide that certain provisions of the Social Security Act limiting attorney fees in OASDI benefit actions shall not apply with respect to the award of legal expenses to the prevailing party. Repeals the termination dates of the Equal Access to Justice Act. Authorizes awards for fees and expenses incurred before October 1, 1981, in adversary adjudication commenced on or after such date.
United States · United States Congress · 7 May 1985
Allowable Cost Reform Act - Requires that a contract with the Department of Defense for an amount more than $25,000 that is flexibly priced or for which certain cost or pricing data is required must: (1) disallow certain costs; and (2) impose a penalty on a contractor who submits a claim for reimbursement of such a cost. Provides that the following costs are disallowed under such a contract: (1) costs of amusement and social activities; (2) costs incurred to influence action on legislation or appropriation matters pending before the Congress; (3) costs of the defense of any fraud proceeding; (4) fines and penalties imposed for noncompliance with Federal, State, or local laws and regulatons; (5) costs of memberships in any social or dining club or organization; (6) alcoholic beverages; (7) contributions or donations; (8) advertising; and (9) models, gifts, souvenirs, or other memorabilia. Requires the Secretary of Defense to issue regulations concerning the allowability of contractor costs. Requires the Secretary to submit to the House and Senate Armed Services Committees a report identifying: (1) the nature of the proposed changes to be made to current cost principles; and (2) the potential effect of such changes on future requests for reimbursement of contractor costs. Requires the Secretary to allow resolution of challenged expenses by negotiation and settlement. Requires the Secretaries of the military departments and the Directors of the Defense Agencies to prescribe regulations to limit to five years the duty assignment for certain contracting officials to any particular contractor.
United States · United States Congress · 6 May 1985
Immigration Exclusion and Deportation Amendments of 1985 - Amends the Immigration and Nationality Act to make only the following classes of aliens ineligible to receive visas and be permitted admission into the United States: (1) any alien with a communicable disease of public health significance; (2) any alien with a record of behavior or mental impairment that poses a threat to property or safety; (3) any alien convicted of a crime involving moral turpitude, with specified exceptions; (4) any alien convicted of two or more offenses for which the aggregate sentences actually imposed were five years or more; (5) any alien convicted of specified drug violations; (6) any alien who has engaged in terrorist activity against the United States or against a citizen of the United States; (7) any alien who participated in Nazi persecutions; (8) any alien deemed by the Attorney General as a probable security risk for certain specified reasons, including terrorist activity; (9) any alien who is likely to become a public economic burden; (10) any alien seeking to enter the United States for the purpose of performing skilled or unskilled labor, with certain qualified exceptions; (11) any alien who is a graduate of a medical school not accredited by a body approved for such purpose by the Secretary of Education, with certain exceptions; (12) any excluded or deported alien who seeks readmission within one year of the event, unless such readmission is consented to by the Attorney General; (13) any alien seeking to enter the United States by fraud or the willful misrepresentation of a material fact; (14) any stowaway alien; (15) any alien who aids any other alien in illegal entry; (16) any immigrant not in possession of a valid immigrant visa and passport at the time of admission; (17) any nonimmigrant not in possession of a valid passport authorizing the alien to return to the country from which he or she came; and (18) any alien ineligible for U.S. citizenship, including a person who left or remained outside the United States to avoid U.S. military service in time of war or national emergency. Repeals provisions dealing with bond and conditions for admission for permanent residence for retarded, tubercular, and mentally ill aliens. Makes deportable by the Attorney General only those aliens within one of the following classes: (1) any alien who at the time of entry was within one or more of the classes of aliens excludable by then existing law; (2) any alien entering the United States without inspection or at a time and place other than as designated by the Attorney General; (3) any alien admitted as a nonimmigrant who has failed to maintain such status; (4) any alien arriving from a foreign contiguous territory or adjacent islands who has not resided in such territory or islands for at least two years prior to such arrival; (5) any alien convicted of a crime involving moral turpitude committed within five years from the date of entry and who is either sentenced or confined for a term of one year or longer; (6) any alien who at any time after entry is convicted of two or more crimes involving moral turpitude; (7) any alien who at any time after entry is convicted of a violation of certain drug laws; (8) any alien who at any time after entry is convicted under weapons-possession laws; (9) any alien who at any time is convicted on any of various specified loyalty laws (e.g. sabotage, treason and sedition, selective service, etc.); (10) any alien who fails to comply with alien registration laws or foreign agent registration laws; (11) any alien convicted of fraud or misuse of visas or other entry documents; (12) any alien engaging in activity which endangers the public safety or national security, including terrorist activity; (13) any alien who within five years after entry has become a public economic burden; (14) any alien who has engaged in terrorist activity against the United States or against a citizen of the United States; or (15) any alien who participated in Nazi persecutions.
United States · United States Congress · 6 May 1985
Uniformed Services Former Spouses' Equity Act - Provides that a former spouse of a member of the uniformed services shall be entitled, unless expressly provided by a spousal agreement or court order, to an annuity: (1) equal to 50 percent of the retired or retainer pay of the member if married to the member throughout the creditable service of the member; or (2) equal to a pro rata share of 50 percent of such pay if not married to the member throughout the entire creditable service of the member. Requires that an election by a member not to participate, or to participate at a reduced level, in the Survivor Benefit Plan or to provide an annuity for a dependent child only must be made jointly with the member's spouse. Provides that such an election must be in writing. Allows a member who has a former spouse to jointly elect by a spousal agreement with such former spouse or as provided under a court order to provide a survivor to the former spouse or to waive such an annuity. Treats a former spouse as a spouse for purposes of eligibility as a beneficiary, computation of annuities, and reductions in retired or retainer pay under the Survivor Benefit Plan if the member elects such treatment. (Present law treats a former spouse as a person with an "insurable interest" subject to certain restrictions and requiring larger reductions in retired or retainer pay.) Establishes a 24-month period during which members who were already divorced before the effective date of this Act may elect to have a former spouse covered under the Survivor Benefit Plan. Provides that a former spouse's share of retired or retainer pay shall be based on the gross amount of such pay. (Present law bases such share on the net amount of such pay after specified deductions.)
United States · United States Congress · 2 May 1985
Medicare Vision Reform Act of 1985 - Amends title XVIII (Medicare) of the Social Security Act to provide coverage for all services provided by a doctor of optometry. (Current law permits coverage for optometric services only if related to the condition of aphakia). Requires payment for optometric services to be made on the basis of an assignment.
United States · United States Congress · 2 May 1985
Establishes a Commission on Employment Discrimination in the Legislative Branch. Directs the Commission to: (1) employ a nongovernmental consultant to study the compensation paid to Library of Congress personnel and analyze personnel policies of the Library; (2) evaluate the compensation system of the Library for compliance with title VII of the Civil Rights Act of 1964 and make any recommendations needed to achieve compliance; (3) develop a plan for the application of title VII through the legislative branch; and (4) make recommendations to the Congress for improvement of personnel policies and practices in the legislative branch. Directs the Commission to submit a final report to the Congress 18 months after enactment of this Act. Terminates the Commission 30 days after submission of the final report.
United States · United States Congress · 30 April 1985
Truth in Savings Act - Requires each advertisement, announcement, or solicitation made by any depository institution regarding the rate of interest payable on any account to: (1) state the annual percentage yield and the method of compounding interest; (2) state the annual rate of simple interest and the period such interest is in effect; (3) state the frequency of interest payments; (4) give equal prominence to all annual percentage yields and annual rates of simple interest; and (5) include specified statements explaining how fees and penalties could affect the annual yield and how the yield on accounts which mature in less than one year is determined on the basis of compounding for an entire year. Requires the annual percentage yield to be stated before the annual rate of simple interest. Requires an institution to give a person a written summary of such information concerning an offered account upon request. Requires each depository institution to maintain a written schedule of all fees, charges, and terms and conditions applicable to each type of account and service routinely offered. Requires that such schedule be disclosed to potential customers and requesting individuals and mailed to account holders. Directs the Board of Governors of the Federal Reserve System to prescribe: (1) uniform terminology to be used by depository institutions to describe interest rates and other terms affecting account earnings; and (2) uniform methods of calculating annual rates of simple interest and annual percentage yields. Provides for the enforcement of this Act.
United States · United States Congress · 25 April 1985
Housing Counseling for the Mentally Ill Act of 1985 - Authorizes States and local governments to use specified community development and alcohol, drug abuse, and mental health services block grant funds to provide housing counseling and periodic evaluations for individuals released from residential facilities for the mentally ill. Requires periodic reports on the use of such funds.
United States · United States Congress · 24 April 1985
Authorizes election agencies to mail voter registration forms, absentee ballots, and certain related materials free of postage. Declares that this Act does not apply to mail matter transmitted under the Federal Voting Assistance Act of 1955 or the Overseas Citizens Voting Rights Act of 1975.
United States · United States Congress · 24 April 1985
Korean War Memorial Act - Directs the Secretary of the Interior to erect and maintain a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. armed forces who served in the Korean War. Subjects the selected site, design, and plans for the construction of such memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission. Authorizes appropriations.
United States · United States Congress · 23 April 1985
Authorizes the President, on behalf of the Congress, to present a gold medal honoring George Gershwin to his sister, Frances Gershwin Godowsky, and a gold medal honoring Ira Gershwin to his widow, Lenore Gershwin. Directs the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 18 April 1985
Prohibits any agency of the government from obligating or appropriating funds for the production of lethal chemical weapons. Expresses the sense of the Congress that: (1) the President should intensify efforts to achieve agreement with the Soviet Union and other countries to stop the production, proliferation, and stockpiling of lethal chemical weapons; (2) the Department of Defense should protect the armed forces against the use of lethal chemical weapons in attacks; (3) an agreement with the North Atlantic Treaty Organization must be concluded on the prepositioning of any new chemical weapons; and (4) funding of new lethal chemical weapons is unwarranted in light of the Federal budget deficit.
United States · United States Congress · 18 April 1985
Expresses the sense of the House of Representatives that the President should not visit the military cemetery at Bitburg, Federal Republic of Germany.
United States · United States Congress · 18 April 1985
Expresses the sense of the Congress that the President should cancel his planned visit to the Bitburg Cemetery out of respect for the millions who suffered and died at the hands of the SS and the Nazis.
United States · United States Congress · 17 April 1985
Amends the Internal Revenue Code to establish an applicable test rate of nine percent for determining whether there is imputed interest in the case of seller-financed property. Permits a lower test interest rate of 80 percent of the Federal Treasury rate where such rates are lower than the nine percent test rate. Provides for a blended test rate for instances where the loan amount exceeds $4,000,000. Provides that in determining whether wraparound financing meets such testing rate, the test shall be applied to the net rate of interest on the seller's equity in the financing after deducting the existing third party financing. Authorizes the imputation of interest in seller-financed property sales of $4,000,000 or less of ten percent or 90 percent of the Federal Treasury rates, whichever is less, where the test interest rates have not been met. Allows for a blended imputed interest rate where the debt amount exceeds $4,000,000. Requires that all loan amounts from a single transaction or series of related transactions be aggregated for purposes of determining the loan amount. Provides that the imputed interest rules will not apply to assumptions of loans unless the terms and conditions of such debt obligations are modified in connection with the assumption. Repeals the provisions of the Code limiting the amount of interest expense a purchaser of personal use property may deduct for tax purposes. Excepts debt instruments arising from the sale or exchange of a residence from the imputed interest provisions where the obligor of the instrument uses the property as his other residence. Provides that the imputed interest rules shall not apply in the case of sales or exchanges of property where the borrowed amount does not exceed $4,000,000. Requires the interest on the obligation issued in connection with such sales or exchanges to be taken into account by both the buyer and the seller on the cash receipts and disbursement method of accounting unless both buyer and seller agree to use the accrual receipts and disbursement method of accounting.
United States · United States Congress · 17 April 1985
Food Assistance and Africa Agriculture Act of 1985 - Title I: Authorization of Appropriations - Amends the Foreign Assistance Act of 1961 to authorize appropriations for: (1) the International Fund for Agricultural Development; and (2) the International Fund for Agricultural Development for its Special Program for Sub-Saharan Countries Affected by Drought and Desertification for each of FY 1986 through 1989. Title II: Appropriations for Fiscal Year 1986 - Makes appropriations for FY 1986 for: (1) expenses for agricultural commodities supplied in connection with dispositions abroad pursuant to the famine relief provisions of the Agricultural Trade Development and Assistance Act of 1954; and (2) the U.S. contribution to the International Fund for Agricultural Development and for the Fund's Special Program for Sub-Saharan Countries Affected by Drought and Desertification.
United States · United States Congress · 15 April 1985
Amends the Internal Revenue Code to increase the amount of the deductions allowed for personal exemptions from $1,000 to $2,600.
United States · United States Congress · 15 April 1985
States that the House of Representatives supports Solidarity Sunday for Soviet Jewry on May 5, 1985.
United States · United States Congress · 4 April 1985
Parental and Disability Leave Act of 1985 - Title I: General Requirements for Parental and Disability Leave - Entitles each employee to disability leave (for nonoccupational medical reasons) of not fewer than 26 workweeks in any one calendar year. Provides that such leave need not be taken consecutively and may consist of unpaid leave. Requires any employer which provides temporary nonoccupational disability leave or benefits, or both, to provide such leave or benefits in such a manner that each employee is entitled to a minimum of 26 workweeks of disability leave in any one calendar year. Provides that, if the benefits provided are paid benefits for a period of less than 26 weeks, the additional weeks of leave which are added to meet the 26-week minimum may be unpaid. Directs the Secretary of Labor to promulgate regulations governing employer verification of employees' eligibility for such leave. Requires that the same standards, procedures, or other requirements so imposed apply to all temporary disabilities. Entitles each employee to parental leave (for birth, adoption, or serious illness of a child) of not fewer than 18 workweeks in any two years upon advance notice to his or her employer. Provides that such leave need not be taken consecutively and may consist of unpaid leave. Requires any employer which provides parental leave or benefits, or both, to provide such leave or benefits in such a manner that each employee is entitled to a minimum of 18 workweeks of parental leave in any two calendar years. Provides that, if the benefits provided are paid benefits for a period of less than 18 weeks, the additional weeks of leave which are added to meet the 18-week minimum may be unpaid. Directs the Secretary of Labor to promulgate regulations governing: (1) employer verification of employees' eligibility for such leave; and (2) the form, content, and timing requirements of the notice to the employer. Entitles each employee who exercises his or her right to a disability leave or a parental leave under this Act, upon expiration of such leave, to be restored by the employer to the position held by the employee when the leave commenced or to an equivalent position. Requires the employer to maintain any existing health benefits of the employee for the duration of such disability or parental leave period. Entitles each employee, at his or her option, to take such disability or parental leave on a reduced leave schedule. Limits to a maximum of 39 consecutive weeks the total time over which such reduced leave schedule may be spread. Sets forth prohibitions against retaliation. Makes it unlawful to interfere with an individual's exercise of rights or participation in proceedings or inquiries under this title. Provides that any negative material change in the seniority, status, employment benefits, pay, or other terms or conditions of the position of an employee which occurs within one year of restoration to the position, or within one year of the termination of proceedings or inquiries, shall be presumed to be prohibited retaliation. Sets forth provisions for enforcement of this title. Gives an employee the right to bring a civil action against an employer to enforce the provisions of this title. Authorizes the Secretary to bring such actions, except against any public agency. Gives U.S. district courts original jurisdiction over such actions. Sets forth venue provisions. Provides for equitable relief, damages, punitive damages, and reasonable attorneys' fee and costs in such actions. Requires that the Secretary be notified of any such action. Gives the Secretary the right to intervene in any such action brought by an employee. Gives any aggrieved person the right to intervene in any such action brought by the Secretary. Sets forth a statute of limitations and a limitation on the period of recovery. Sets forth provisions for attorneys for the Secretary in such actions. Sets forth the investigative authority of the Secretary to determine whether any person has violated or is about to violate any provision of this title or any regulation or order issued thereunder. Limits required submissions, for purposes of such investigations, to an annual basis, unless the Secretary has reasonable cause to believe that there may be a violation. Authorizes the Secretary to prescribe regulations to carry out this title. Authorizes appropriations to enable the Secretary to carry out functions or duties under this title. Sets forth provisions relating to the effect of this title on Federal laws, State and local laws, and existing employment benefits. Title II: Commission to Recommend Means to Provide Salary Replacement for Employee Taking Parental and Disability Leaves - Establishes the Paid Parental and Disability Leave Commission. Sets forth provisions for Commission membership, including provisions to ensure a broad representation of child advocacy, women's rights, labor, management, and academic interests. Directs the Commission to: (1) study domestic and foreign systems, both existing and proposed, which provide workers with full or partial salary replacement or other income protection during periods of nonoccupational temporary disability leave, parental leave, and dependent care leave; (2) produce a comprehensive written analysis of such systems, including recommendations for implementation of such a system for all workers in the United States; and (3) propose legislation to implement a system of salary replacement for temporary nonoccupational disability leave (within two years after the effective date of this Act) and for parental leave. Sets forth provisions relating to Commission powers, administration, and compensation of members. Provides that the Commission shall prepare and submit to the Congress such interim reports as the Commission deems appropriate, but requires that its report and proposed legislation to provide salary replacement for employees on nonoccupational temporary disability be submitted to the Congress within two years of the date of enactment of this Act. Terminates the Commission 30 days after the submission of its final report.
United States · United States Congress · 4 April 1985
Amends Federal provisions relating to payments to Federal employees who are missing while in active Federal service as a result of hostile action taken against the United States. Directs the Secretary of the Treasury to establish a savings fund to which the pay and allowances of an individual in a captive status may be allotted. Directs the following payments to be made to individuals held in captive status (or, where appropriate to their beneficiaries): (1) medical and health care expenses incident to the employee's captive status; (2) direct cash payments made by the President to individuals who either were or are in a captive status as of November 4, 1979; (3) certain benefits provided by the Soldiers' and Sailors' Relief Act of 1940; (4) payments to the spouse or child of a captive for expenses incurred while attending an educational or training institution; and (5) payments to an individual for educational and training expenses which were incurred for a certain period after the termination of the individual's captive status. Directs the President to prescribe regulations under which disability or death compensation may be paid by an agency head to an employee or family member of such employee if the death or disability was caused by hostile action directed against the United States. Provides that leave will not be charged to the account of an alien employee while serving abroad for absence due to injuries incurred as a result of hostile action directed against the United States.
United States · United States Congress · 4 April 1985
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide coverage for outpatient occupational therapy services.
United States · United States Congress · 4 April 1985
Renewable Energy and Conservation Transition Act of 1985 - Title I: Extension of Business Energy Credits - Amends the Internal Revenue Code to extend the energy investment tax credit for solar energy property from 1985 to 1990. Sets the amount of such credit during such period at 15 percent for low temperature solar property and 25 percent for all other solar property. Extends the energy investment tax credit for wind property from 1985 to 1988. Sets the amount of such credit at: (1) ten percent during 1986 and 1987; and (2) five percent during 1988. Extends the energy investment tax credit for geothermal property and biomass property from 1985 to 1988. Extends the energy investment tax credit for ocean thermal property from 1985 to 1990. Revises the definition of "solar property" for purposes of such tax credit. Sets forth special rules for geothermal equipment to qualify for such credit. Title II: Affirmative Commitment Rule to Extend the Business Credit for Certain Long-Term Projects - Extends the time period during which an affirmative commitment must be made in order for long-term energy projects to be eligible for the energy investment tax credit. Allows such extension: (1) from 1990 to 1993 for solar energy property; (2) from 1988 to 1990 for geothermal energy property; and (3) from 1985 to 1990 for hydroelectric generating property. Title III: Extension of Residential Energy Credits - Extends the residential energy income tax credit for solar renewable energy property from 1985 to 1990. Phases out such credit over such period of time. Provides that solar hot water systems and active space heating systems must meet certain additional standards in order to qualify for such credit. Extends the residential energy income tax credit for wind renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Extends the residential energy income tax credit for geothermal renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Revises the definition of geothermal deposits for purposes of such credit. Revises the definition of energy conservation expenditures for purposes of the residential energy income tax credit to limit the amounts taken into account to $700. Limits the energy conservation income tax credit to taxpayers with an adjusted gross income of less than $30,000. Title IV: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 3 April 1985
Children's Justice Reform Act - Amends the Child Abuse Amendments of 1984 to authorize a Children's Justice Grant Program. Authorizes the Secretary of Health and Human Services to make additional grants to States under specified provisions of the Child Abuse Prevention and Treatment Act for identification, treatment, and prevention of sexual abuse. Makes a State eligible for such assistance if the Secretary determines that the State, within one year after the enactment of this Act, has enacted specified legal and administrative changes with respect to the investigation and prosecution of child sexual abuse cases. Requires a State, to be eligible for such assistance, to have in effect a child sexual abuse program which includes at least one statute or administrative procedure to carry out the following categories of reforms: (1) handling such cases so as to reduce the trauma to the child victim; (2) improving the chances of successful prosecution or legal action against child molesters; and (3) improving procedures to protect children from sexual abuse. Directs the Secretary to issue necessary regulations for such assistance program. Authorizes appropriations for FY 1986 and 1987.
United States · United States Congress · 3 April 1985
Trade Law Modernization Act of 1985 - Title I: National Trade Policy and Negotiating Objectives; Negotiation Authority - Sets forth national trade policy objectives that shall guide U.S. trade policy and domestic economic policy. Directs the Administering Authority (the U.S. Trade Representative) to submit by March 1 of each year to specified congressional committees a statement of the actions the Administering Authority proposes to take during such year to achieve such objectives. Requires the committees to hold hearings on such proposals and to advise the Administering Authority on such proposals. Declares that U.S. objectives in any trade negotiations shall be: (1) to obtain more open and equitable market access abroad for U.S. products and services, the reduction and elimination of the adverse effects of certain foreign trade practices, and improved effectiveness of the rules governing international trade; (2) to develop internationally accepted rules which meet certain needs; and (3) to promote international cooperation in trade and monetary policies. Directs the Administering Authority to seek to obtain fair and equitable market opportunities through consultations on negotiations with foreign countries or instrumentalities in order to remedy the harmful efforts on U.S. trade of discriminatory procurement practices and regulatory requirements of such countries or instrumentalities. Authorizes the Administering Authority to: (1) suspend or withdraw benefits under any trade agreement with such countries or instrumentalities; (2) direct customs officers to impose import restrictions on the goods of such countries or instrumentalities and to impose fees or restrictions on the services of such countries or instrumentalities; (3) make available analysis and information to other U.S. agencies and courts for the purpose of ensuring consideration by such agencies and courts of the competitive impact of pending administrative or judicial decisions of such agencies or courts that could significantly enlarge the access of foreign products and services to the U.S. market; and (4) recommend action to the President with respect to service sector access authorization (a Federal authorization that gives a foreign supplier of services access to U.S. markets). Directs the Administering Authority, if there is a significant denial of market opportunities in a foreign country for U.S. products and services in an economic sector where the United States has increased market opportunities for such country's products and services, to: (1) act to obtain fair and equitable market opportunities in the markets of such foreign country; and (2) pending achievement of such opportunities, impose equivalent conditions of market access. Authorizes action to be taken under this Act upon motion of the Administering Authority or after investigation upon the filing of a petition. Title II: Transfer of Authority to Administering Authority; Amendments to Title I of Trade Act of 1974 - Amends the Trade Act of 1974 to transfer from the President to the Administering Authority the authority to: (1) take action in cases of market disruption; and (2) extend tariff preferences under the Generalized System of Preferences. Amends the Tariff Act of 1930 to transfer from the President to the Administering Authority the authority to make the final review of actions to prevent unfair practices in the importation of articles into the United States. Amends the Trade Act of 1974 to direct the Secretary of Commerce to establish a program to evaluate the industrial and trade policies of other countries and the effects of such policies on U.S. industries, trade, and employment. Requires the Secretary to report to the Congress annually on such program. Directs the Secretary in conjunction with the U.S. Trade Representative, to establish special industry sector advisory panels to assess the actual or potential dislocation, challenge, or opportunity for the industry sectors involved and to formulate recommendations for responses by business, government, and labor. Requires the industry and labor advisory committees established by the Trade Act of 1974 to hold joint meetings at the call of the respective committee chairs and to meet at the call of the Administering Authority before and during trade negotiations to provide policy and technical advice and advice on any other factors relevant to U.S. positions in such trade negotiations. Authorizes the President to impose a temporary import surcharge at a level which the President determines to be necessary to assist in restoring equilibrium in the balance of payments in certain circumstances. (Currently such surcharge may not exceed 15 percent.) Limits the duration of such surcharge or limits imposed on imports to improve the balance of payments to one year. (Currently such measures may be imposed for only 150 days.) Deletes certain restrictions on imposing import limitations for such purposes. Authorizes one year extensions of such measures. Title III: Relief from Injury Caused by Import Competition - Transfers from the President to the Administering Authority the authority to take certain actions following import relief investigations by the International Trade Commission (ITC). Authorizes a petition for import relief to include within its statement of reasons for requesting import relief the desire to facilitate the orderly transfer of resources to enhance competitiveness. Changes the scope of the ITC's import relief investigation to include determining whether an article is being imported into the United States in such increased quantities as to be a cause (currently substantial cause) of serious injury or threat of serious injury to any domestic industry that produces an article like or directly competitive with the imported article or that produces materials, parts, components, or subassemblies irrevocably destined for incorporation in an article like or directly competitive with the imported article. Changes one of the factors that must be considered in making such determination with respect to serious injury in order to cover the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. (Current law refers to the inability of firms to operate at a reasonable profit.) Changes the factors that must be considered in making such determination with respect to the threat of serious injury in order to cover: (1) a decline in sales or market share in the domestic industry; (2) a higher and growing inventory in the domestic industry; (3) a downward trend in production, profits, wages, or employment (or increasing under employment) in the domestic industry; (4) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any class or kind of merchandise and that causes or threatens to cause serious injury to the domestic industry; (5) the extent to which the U.S. market is the focal point for diversion of exports of the article concerned because of restraints on exports of such article to, or imports of such articles into, third country markets; and (6) in the case of an industry that has developed an industry assessment and competitiveness strategy, the inability of producers in the domestic industry to generate adequate capital to finance the modernization of plant and equipment or to otherwise enhance competitiveness. Requires (currently authorizes) the ITC to make certain determinations with respect to determining the domestic industry producing an article like or directly competitive with an imported article. Defines "cause" for purposes of determining whether imports are a cause of injury to mean a cause which is important. Declares that a cause may be important even though other causes are of equal or greater importance. Requires the ITC, if it finds that serious injury or the threat of serious injury exists for a domestic industry, to: (1) find the amount of the increase in, or imposition of, any duty or import restriction necessary to prevent or remedy such injury; and (2) if it determines that adjustment assistance can assist in remedying such injury, recommend the provision of such assistance. Directs the Administering Authority, if during an import relief investigation it finds that critical circumstances exist, to impose provisional measures (increase in tariff, tariff-rate quotas, quantitative restrictions, orderly marketing agreements or a combination of such actions). Requires such measures to remain in effect until the later of the date: (1) on which the President revokes such measures; (2) on which the ITC makes a negative determination of injury; or (3) which is 60 days after the date on which the ITC makes an affirmative determination of injury. Declares that critical circumstances exist if a significant increase in imports over a short time has led to circumstances in which delay in relief would cause damage that would be difficult to repair. Requires the ITC, if it finds that serious injury has resulted from imports, to determine: (1) whether trade in the article concerned has been affected by coordinated government actions that are bestowed on a specific enterprise, industry, or group and that assist the beneficiary in becoming more competitive in exporting a class or kind of merchandise; and (2) the extent to which the U.S. market is the focal point for diversion of exports of such article because of restraints on exports of such article to, or on imports of such article into, third country markets. Directs the Administering Authority, if it determines to provide import relief and the ITC has found that trade in the article has been affected by such coordinated government actions, to consult and negotiate with other countries that produce or consume such article to seek the establishment of a multilateral framework to maintain and develop fair, equitable, and nondisruptive patterns of trade in such article. Directs the Administering Authority, after the ITC begins an import relief investigation based on a petition, to establish, upon request, an industry advisory group. Requires such an advisory group to prepare for the industry concerned an assessment of current problems and a strategy to enhance competitiveness. Directs the Administering Authority to try to obtain, on a confidential basis, information from the individual members of such advisory group on: (1) how such members intend to act upon the recommendations in such assessment and strategy; and (2) any other actions such members intend to take which will foster the objectives of the strategy. Requires the Administering Authority, the ITC, the Secretary of Labor, and the Secretary of Commerce to consider such assessment and strategy in making any import relief determination or taking any import relief actions. Requires the Administering Authority, if it determines to provide import relief and if an industry assessment and competitiveness strategy was submitted to the Administering Authority, to publish notice of the availability of, and a summary of, such assessment and strategy. Requires a review committee, if such summary is published, to: (1) monitor actions taken by the petitioners to improve the competitive position of the industry; (2) make recommendations for administrative action; and (3) submit recommended legislation to the Congress. Requires the review committee to consult with the advisory group members if the review committee determines that the firms or workers are not implementing or are implementing unsatisfactorily: (1) the recommended objectives and actions in the industry assessment and competitiveness strategy; or (2) the actions declared in the confidential information obtained by the advisory group. Requires the Administering Authority to request the ITC to issue a report on the probable economic effect on the industry of import relief if, after consultations with the advisory group members, the review committee determines that the failure to implement or failure to implement satisfactorily such actions is not justified by changed circumstances and has adversely affected overall implementation of the objectives of the industry assessment and competitiveness strategy. Requires the Administering Authority, if it decides to provide import relief, to consult with petitioners and representatives of workers and firms in the affected industry on the advisability and desirability of taking appropriate action under countervailing or antidumping duty provisions of the Tariff Act of 1930 or under title III of the Trade Act of 1974 if the Administering Authority has reason to believe that a foreign government or firm is engaged in any action or practice for which such relief is available. Title IV: Relief from Injurious Industrial Targeting and Unfair Trade Practices - Provides that injurious industrial targeting may trigger import relief actions. Defines injurious industrial targeting to mean any combination of coordinated government actions: (1) which are bestowed on a specific enterprise, industry, or group thereof; (2) which assist such enterprise, industry, or group to become more competitive in the export of any class or kind of merchandise; and (3) which cause or threaten to cause material injury. Transfers from the President to the Administering Authority the authority to take certain actions to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Authorizes the Administering Authority to: (1) suspend, withdraw, or prevent application of the benefit of trade agreement concessions with the foreign country or instrumentality involved; (2) direct customs officers to assess duties or impose other import restrictions on the products of such country or instrumentality or to assess fees or impose restrictions on the services of such country or instrumentality for such time, in such amount, and to such degree as the Administering Authority deems appropriate; (3) negotiate agreements to offset the burden or restrictions on U.S. commerce; (4) submit proposed administrative actions and legislation to implement any other government action which would restore or improve the international competitive position of the injured or threatened industry; (5) recommend action by the President; or (6) any combination of such actions. Transfers to the Administering Authority from the President the authority to impose certain limits on service sector access authorizations (authorizations that permit a foreign supplier of services access to the U.S. market). Authorizes the President, upon recommendation of the Administering Authority, to: (1) restrict the terms and conditions of any service sector access authorization; or (2) deny the issuance of any such authorization. Directs the Administering Authority to consult with representatives of domestic firms and workers that may be affected by any import relief investigation which is initiated by petition filed with the Administering Authority regarding any determination which is required to be made by the Administering Authority. Directs the Administering Authority, upon written request, to make confidential business information obtained by it in connection with an import relief investigation available under a protective order. Prohibits release of information classified for national security reasons. Requires the Administering Authority to act upon requests for such information within ten days of the request. Requires the Administering Authority, in conducting an import relief investigation initiated by petition to the Administering Authority, to present detailed questionnaires to the foreign government or enterprise involved in order to obtain information concerning the allegations in the petition. Directs the Administering Authority to verify any such information which the Administering Authority relied upon in making any determinations. Provides for relying on the best information available, which may be the information contained in the petition, if the foreign government fails to provide information or provides insufficient or unsatisfactory information. Requires the Administering Authority to make a preliminary determination within five months of the start of such an import relief investigation on whether there is reason to believe that import relief is warranted. Authorizes the Administering Authority to take certain actions based on the preliminary finding. Requires the final determination to be made within 11 months of the start of the investigation. Requires the Administering Authority to determine what actions to take if the final determination is that import relief is warranted except that specific actions are required if injurious industrial targeting is found to exist. Requires the Administering Authority to consult with the petitioner and representatives of the affected domestic firms and workers if the final determination is affirmative. Requires the Administering Authority to report to the Congress if the final determination is affirmative and the Administering Authority declines to take any action. Terminates any preliminary import relief if the final determination is negative. Requires publication in the Federal Register of such preliminary and final determinations. Requires the Administering Authority, if it makes a preliminary finding that injurious industrial targeting exists, to: (1) establish an advisory committee; and (2) formulate, in consultation with such advisory committee, proposals which would restore or improve the competitive position of affected domestic industries. Requires the Administering Authority to notify the ITC when it initiates an investigation of injurious industrial targeting. Requires the ITC to make a preliminary determination within 60 days of receiving such notice of whether there is a reasonable indication that because of sales or likely sales of the merchandise which is the subject of the investigation: (1) an industry in the United States is materially injured or is threatened with material injury; or (2) the establishment or growth of an industry in the United States is materially retarded. Requires the ITC to make a final determination of whether such circumstances exist by: (1) 45 days after the affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is affirmative; or (2) 75 days after an affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is negative. Makes the ITC's determination subject to review by the U.S. Court of International Trade if such determinations were made under the countervailing or antidumping duty provisions of the Tariff Act of 1930. Defines material injury and threat of material injury. Requires the Administering Authority to submit to the President any proposed administrative action and any proposed legislation to restore or improve the competitive position of the injured industry if the preliminary and final determinations are that injurious industrial targeting has occurred. Provides for expedited consideration of such legislation. Requires the Administering Authority to report to the Congress on the actions the Administering Authority will take to offset the material injury or threat of material injury from the injurious industrial targeting. Authorizes the Administering Authority to enter into a settlement agreement with the foreign country or entity involved in lieu of taking other actions if: (1) such agreement completely eliminates the material injury or threat of material injury from the injurious industrial targeting; and (2) such agreement is approved by the petitioner if the investigation began because of a petition. Authorizes the Administering Authority to take actions to compensate a foreign country or entity if the contracting parties to the General Agreement on Tariffs and Trade (GATT) disapprove of actions taken in response to injurious industrial targeting. Directs the Administering Authority to consult with the petitioner and the representatives of affected domestic firms and workers if, in the course of an investigation, the Administering Authority has reason to believe that a foreign government engaged in dumping or other actions for which relief is available under specified provisions of the Tariff Act of 1930. Title V: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to add requirements for a country to be considered a "country under the Agreement" for purposes of the countervailing duty provisions of such Act. Requires such a country to have made a commitment under the GATT to: (1) eliminate its export subsidies within one year (five for least developed countries); (2) not increase, extend, or add export subsidies; and (3) eliminate immediately export subsidies on those products in which such country is competitive. Requires the ITC, upon request, to investigate whether the merchandise is already competitive in the U.S. market and whether the merchandise would be competitive in the absence of export subsidies. Directs the Administering authority to review the status of, and compliance with, specified agreements at least once during each 12-month period. Directs the Administering Authority to publish such determinations. Imposes penalties for failure of a foreign country to honor any term of such agreements. Includes natural resource subsidies within the definition of subsidy for purposes of such Act. Declares that a natural resource subsidy exists if: (1) a natural resource product is provided or sold by a government-controlled entity within a country for use in the manufacture or production in such country of merchandise which is the subject of a countervailing duty investigation at a domestic price that is lower than the fair market value of the natural resource product in such country and that is not freely available to U.S. producers for purchase of that product for export to the United States; and (2) such natural resource product would, if sold at the fair market value, constitute a significant portion of the total cost of the manufacture or production of such merchandise. Changes the definition of foreign market value for purposes of countervailing duty investigations. Requires the Administering Authority to include in calculating the cost of producing the merchandise the value of any benefit the producer or manufacturer has received from government research and development programs. Requires sales made at less than cost of production to be disregarded in the determination of foreign market value if such sales were made over an extended period of time and in substantial quantities. Sets forth a special rule for determining cost of production and constructed value if imports of the merchandise into the home market have been unreasonably restrained. Requires the ITC, in determining whether a U.S. industry is threatened with material injury because of imports, to consider: (1) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any merchandise and to cause or threaten to cause material injury to the United States; and (2) the extent to which the United States is the focal point for exports of the merchandise by reason of restraints on exports of the merchandise to, or on imports of the merchandise into, third country markets.