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 · 16 May 1985
Amends title XVIII (Medicare) of the Social Security Act to provide coverage for therapeutic shoes for individuals with severe diabetic foot disease, if the shoes are prescribed by a physician and fitted and furnished by a certified orthotist. Limits such coverage to one pair of shoes annually and $375 annually.
United States · United States Congress · 14 May 1985
Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage for anesthesia services and related care provided by a registered nurse anesthetist.
United States · United States Congress · 13 May 1985
Economic Equity Act of 1985 - Title I: Retirement - Pension Vesting, Integration, and Portability Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to maximum age conditions under pension plans to provide for continued coverage for certain workers over the normal retirement age. Provides that pension plans may only exclude from participation, on the basis of age, an employee who has attained the normal retirement age under the plan if: (1) the plan is a defined benefit plan or a target benefit plan (as under current law); and (2) the employee's accrued benefit under the plan is greater than the normal retirement benefit to which the employee would be entitled at the normal retirement age if the employee commenced participation at the earliest possible entry age under the plan and served continuously until attaining the normal retirement age under the plan. Revises provisions relating to minimum vesting standards to reduce, from ten years to five years, the number of years of service which a pension plan participant must complete in order to earn a nonforfeitable right to 100 percent of the participant's accrued benefit derived from employer contributions. Permits multiemployer pension plans to retain the ten-year minimum vesting standard if such plans meet certain conditions, including complete reciprocity for workers who move from one regional pension plan to another within the same industry. Repeals a certain "class year plan" rule. Permits participants with three (currently five) years of service to elect, within a specified period to have their nonforfeitable percentage computed under the plan without regard to any plan amendment changing the vesting schedule. Revises minimum participation standards, minimum vesting standards, and benefit accrual requirements to provide for pension plan coverage of part-time workers. Revises the definition of "year of service," for purposes of minimum participation and vesting standards, to treat 500 to 1,000 hours of service per year by a part-time employee as one-half of a year of service. Provides that the date on which such employee completes such one-half of one year of service shall be the latest date until which the plan participation of such employee may be delayed. Includes service of at least 500 (currently 1,000) hours in determinations of years of plan participation for purposes of benefit accrual requirements. Establishes minimum benefit rules for integrated pension plans. Requires such plans to offer a minimum benefit without taking into account contributions or benefits under specified provisions of the Social Security Act, the Internal Revenue Code, or any other Federal or State law. Sets forth formulas, based on specified percentages of employee compensation, for determining such minimum benefit in the case of: (1) an integrated defined benefit plan; and (2) an integrated defined contribution plan or an integrated simplified employee pension. Directs the Secretary of the Treasury to prescribe necessary or appropriate regulations to carry out the purposes of such minimum benefit rules for integrated plans in any case in which the employer has two or more plans. Provides for distributions of accrued benefits of less than $7,000 to portable pension accounts (individual retirement accounts or individual retirement annuities). Requires a pension plan to distribute a participant's nonforfeitable benefit to a portable pension account if: (1) the plan is a defined benefit plan, or an individual account plan subject to specified funding standards; (2) the present value, as of the date of separation from service, of such benefit is less than $7,000; and (3) the participant elects in writing, after receiving a required notice, to have such benefit distributed to such portable pension account in a distribution which is excluded from gross income under specified Internal Revenue Code provisions. Directs the Secretary of Labor to prescribe by regulation the manner and form in which such election is to be made. Requires the plan administrator, upon being informed by a participant that the participant wishes to make an election pursuant to these provisions, to provide notice to the participant of: (1) the present value, as of the date of separation, of the participant's nonforfeitable benefit (with such present value to be deemed equal to the actuarial equivalent, as of such date, of the normal form of benefit under the plan); (2) the amount of the participant's benefit on the date of the participant's retirement payable under the pension plan at normal retirement age expressed in the form of a single life annuity under a defined benefit plan or in the normal form of payment under an individual account plan; and (3) the additional tax (under specified Internal Revenue Code provisions as revised by this Act) on distributions from, or disqualification, of the portable pension account before the date on which the participant attains age 59 1/2. Amends the Internal Revenue Code to revise provisions relating to pension plans. Makes such revisions similar to those made to ERISA by title I of this Act with respect to: (1) continued coverage for certain workers over the normal retirement age; (2) a minimum vesting standard of five years of service (reduced from ten years), with the exception of multiemployer plans meeting certain conditions (including reciprocity); (3) repeal of the class year plan rule; (4) protection from changes in the vesting schedule for participants with three years of service; (5) coverage for part-time workers under minimum participation standards, minimum vesting standards, and benefit accrual requirements; (6) establishment of minimum benefit rules for integrated plans; and (7) distributions of accrued benefits to portable pension accounts. Revises provisions relating to additional tax on certain amounts included in gross income before age 59 1/2. Requires, in cases of early distributions or disqualification involving portable pension accounts to which accrued benefits from a pension plan have been distributed as provided under this Act, that the additional tax (for the taxable year in which the early distribution is received or the disqualification occurs) shall be equal to the amount of the early distribution, or of the disqualification, which is includible in gross income for such taxable year. Directs the Secretary of Labor to: (1) conduct a study of the feasibility and ramifications of requiring private employee pension benefit plans to provide cost-of-living adjustments to benefits payable under such plans; (2) compile data and analyze the effect inflation is having and may be expected to have on retirement benefits provided under such plans; and (3) submit study results, with recommendations, within two years after enactment of this Act. Social Security Modernization Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple which are attributable to the period of their marriage shall be shared equally between them for purposes of determining the eligibility for and amount of OASDI benefits to which each spouse is or may become separately entitled. Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage. Provides that this Act shall not apply in specified cases where it would result in a reduction of OASDI benefits. Provides full benefits for disabled widows and widowers without regard to age. Enables an insured individual's spouse who has attained the age of 50 and is not entitled to any other monthly benefits to obtain a transition benefit for four months upon the death of the insured individual. Establishes the amount of such transition benefit at 71.5 percent of the primary insurance amount of the insured individual or, if it is higher, 71.5 percent of the primary insurance amount of the spouse. Repeals the separate definition of disability applicable to widows and widowers. Permits the months of a widow's or widower's entitlement to Supplemental Security Income benefits (title XVI of the Social Security Act) on the basis of a disability to be counted towards the 24 months needed to become entitled to hospital insurance benefits under Medicare (title XVIII of the Social Security Act) on that basis. Uniformed Services Former Spouses' Equity Act - Provides that a former spouse of a member of the uniformed services shall be entitled, unless expressly provided by a spousal agreement or court order, to an annuity: (1) equal to 50 percent of the retired or retainer pay of the member if married to the member throughout the creditable service of the member; or (2) equal to a pro rata share of 50 percent of such pay if not married to the member throughout the entire creditable service of the member. Requires that an election by a member not to participate, or to participate at a reduced level, in the Survivor Benefit Plan or to provide an annuity for a dependent child only must be made jointly with the member's spouse. Provides that such an election must be in writing. Allows a member who has a former spouse to jointly elect a spousal agreement with such former spouse or as provided under a court order to provide a survivor to the former spouse or to waive such an annuity. Treats a former spouse as a spouse for purposes of eligibility as a beneficiary, computation of annuities, and reductions in retired or retainer pay under the Survivor Benefit Plan if the member elects such treatment. (Present law treats a former spouse as a person with an "insurable interest" subject to certain restrictions and requiring larger reductions in retired or retainer pay.) Establishes a 24 month period during which members who were already divorced before the effective date of this Act may elect to have a former spouse covered under the Survivor Benefit Plan. Provides that a former spouse's share of retired or retainer pay shall be based on the gross amount of such pay. (Present law bases such share on the net amount of such pay after specified deductions.) Social Services and Child Care Assistance Act of 1985 - Title II: Dependent Care - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to set allotment amounts for FY 1984, 1985, and 1986 and each succeeding fiscal year. Allocates, from the allotment set for FY 1986 and available for any fiscal year, specified amounts for: (1) funding for a National Resource Center on Family Day Care; (2) grants to States which fulfill certain conditions with respect to the licensing, regulation, and monitoring of child care services; and (3) the provision of services in accordance with title XX. Provides that, of the amounts allotted for the provision of services, specified amounts shall be used: (1) for the training and retraining of human services personnel; (2) for the training and retraining in the prevention of child abuse of licensed child care operators; and (3) for the provision of child day care services to children who are abused or neglected, who are members of families receiving aid under title IV (Aid to Families with Dependent Children) of such Act, or children who are members of specified low-income groups. Amends the Higher Education Act of 1965 to add a new title XII, School-Based Child Care Programs. (Redesignates the current title XII as title XIII.) Authorizes appropriations for FY 1986 through 1990 for grants to institutions of higher education for: (1) construction, reconstruction, and renovation of facilities, located at such institutions, to be used to provide child care services (free for students from families with incomes less than 150 percent of the poverty level, and with a sliding-scale of fees based on income for other students participating); (2) child care services through vouchers for disadvantaged college students (with two-thirds of the participants to be low-income students who are first generation college students, and the remainder to be either low-income or first generation college students); and (3) child care personnel work-experience programs (which provide experience for students by arranging part-time employment for them in licensed child care programs). Requires the Secretary of Housing and Urban Development to provide grants to public housing authorities to assist them in providing child care services for lower income families. Requires a program report to the Congress within three years. Authorizes FY 1986 through 1988 appropriations. Title III: Insurance - Nondiscrimination in Insurance Act - Prohibits discrimination on the basis of race, color, religion, sex, or national origin in the consideration of applications for, or the granting of, insurance policies and the terms of such policies. Permits insurers who regularly provide insurance solely to persons of a single religious affiliation to continue to do so. Prohibits any insurer from establishing auto insurance rates for women or any particular group of women which are higher or lower in relation to the rates offered men or any similarly situated group of men, except for non-gender related risk-based reasons. Grants to States having insurance discrimination laws the primary opportunity to enforce the prohibitions of this Act. Permits an aggrieved person to file a civil action in State or Federal court against an insurer if the State has terminated all proceedings under State law. Authorizes the Attorney General to bring a civil action in district court when there is reasonable cause to believe that a person or group is engaged in a pattern or practice of resistance to the rights granted by this Act and that such denial raises an issue of general public importance. Authorizes the Court to: (1) order the defendant to amend any relevant contract to comply with the provisions of this Act; (2) require the defendant to pay punitive damages in addition to actual damages; and (3) award the aggrieved person reasonable attorneys' fees. Continued Access to Group Health Insurance Act of 1985 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to require continuation coverage under group health plans for certain spouses, former spouses, and dependent children of employees insured under such plans. Makes such continuation coverage a requirement for the allowance of a tax deduction for employer contributions to group health plans. Provides that the spouse and dependent children of an insured employee may be entitled to five years of continuation coverage under a group health plan if the insured employee: (1) dies; (2) becomes separated or divorced from his or her spouse; or (3) becomes entitled to Medicare. Makes such coverage available only if it is elected within a specified period by or on behalf of the spouse or child to be covered. Sets forth notification requirements. Sets forth a special rule relating to collective bargaining agreements. Title IV: Employment - Requires the Equal Employment Opportunity Commission to: (1) conduct research for identifying and measuring wage discrimination; (2) assist any public or private entity in eliminating discriminatory pay practices; and (3) implement policies and procedures to prohibit employment discrimination. Requires the Commission to determine the number and nature of all charges filed under the Civil Rights Act of 1954 and to report to the Congress with a summary prepared pursuant to this Act. Requires the Commission to conduct a study in consultation with organizations representing Federal employees and analyze: (1) the procedures established by the Director of the Office of Personnel Management (OPM) to establish classifications of positions in the competitive service; and (2) the actual practices of the Director and the heads of Federal agencies in complying with the principle of equal pay for work of equal value when establishing job classifications for employees. Requires the Commission to report to the President and the Congress on its findings and provide a copy to the Director of OPM. Directs the Director to submit his comments on the report to the President and the Congress. Directs the Secretary of Labor, acting through the Office of Federal Contract Compliance Programs, to report to the President and the Congress on actions taken to enforce the prohibitions contained in Executive Order Numbered 11246 against discrimination by Federal contractors. Requires the Attorney General, acting through the Office of Civil Rights, to report to the President and the Congress on actions taken to enforce the prohibitions against sex discrimination in compensation contained in title VII of the Civil Rights Act of 1964, Executive Order Numbered 11246, and other Federal laws. Requires Federal agencies responsible for submitting equal employment opportunity plans to include in such plans: (1) a review and identification of any discriminatory pay practices and any violation of the principle of equal pay for jobs of equal value; and (2) a plan for eliminating any such practices and remedying any such violation. Directs the Office of Personnel Management (OPM) to provide, by contract with a consultant, for a report on discriminatory wage-setting practices and discriminatory wage differentials within the Federal position classification system and the prevailing rate (job grading) system. Defines "discriminatory wage-setting practices" as a practice resulting from lower rates of pay for female employees doing work comparable to that of higher-paid males. Requires OPM, within one month of receiving such report, to transmit a copy to the President and specified congressional committees, with written comments. Requires the consultant to submit such report to OPM and the Pay Equity Study Council (established by this Act) within six months after entering into its contract. Requires OPM, within ten days after the effective date of this Act, to establish a Pay Equity Study Council to assist in the selection of a consultant and comment on the final report. Requires that Council membership consist predominantly of representatives of labor organizations representing Federal female employees. Terminates the Council after it submits comments on the final report. Establishes a Commission on Employment Discrimination in the Legislative Branch. Directs the Commission to: (1) employ a nongovernmental consultant to study the compensation paid to Library of Congress personnel and analyze personnel policies of the Library; (2) evaluate the compensation system of the Library for compliance with title VII of the Civil Rights Act of 1964 and make any recommendations needed to achieve compliance; (3) develop a plan for the application of title VII through the legislative branch; and (4) make recommendations to the Congress for improvement of personnel policies and practices in the legislative branch. Directs the Commission to submit a final report to the Congress 18 months after enactment of this Act. Terminates the Commission 30 days after submission of the final report. Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to invite each State having an approved plan under part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to submit an application to establish and conduct a demonstration project for the purpose of testing whether the provision of mandatory education or vocational training (or both) for the caretaker parents of dependent children under six years of age in families receiving AFDC would enable such families to leave the AFDC rolls quickly and assist such parents in securing long-term gainful employment at earnings levels sufficient to maintain their families without public assistance. Requires any State desiring to establish and conduct such a demonstration project to submit an application to the Secretary within six months after the enactment of this Act. Directs the Secretary to approve ten of the proposed projects. Requires six of the approved projects to be located in urban areas and four to be located in predominantly rural areas. Prohibits the approval of a project unless: (1) it is of sufficient size and scope to demonstrate program and cost effectiveness and to permit the drawing of valid inferences for evaluation and policy recommendations; (2) it will be conducted for a period of not less than three nor more than five years; (3) it covers all caretaker parents in families which are eligible for aid under the applicable State plan and which include one or more children under six years of age; (4) it provides for participation by caretaker parents on a voluntary basis; and (5) it complies fully with all other requirements and will contribute to the purposes of this Act. Defines "caretaker parent". Directs a State, in conducting an approved demonstration project, to: (1) offer each caretaker parent in a jurisdiction involved an opportunity to participate in the project; (2) establish an individualized program for the education or vocational training of each participating caretaker parent; (3) permit such parent to receive education or training under the program so established (from the time the youngest child in the care of such parent is six months old, or earlier with a physician's written permission) until either the parent is employed and self-sufficient, the parent is no longer a caretaker parent, or the family has become ineligible for aid; and (4) require the project to maintain support services, including child care, transportation, and health care services for each participant. Directs the Secretary to pay each State with an approved demonstration project 90 percent of the costs incurred by the State in establishing and carrying out such project. Requires the remainder of the costs incurred to be paid from non-Federal sources. Requires the education or training for caretaker parents in such program to meet the following requirements: (1) for caretaker parents without a high school diploma the education must lead to such diploma; (2) after receipt of such diploma (or in the case of an individual already having a high school diploma or better), the caretaker parent must participate in an approved post-secondary education program, an approved vocational education program, or a program of employment and training under auspices of the Job Training Partnership Act; (3) the award of an academic scholarship to a caretaker parent shall not result in any loss of eligibility or benefits under AFDC or any other public assistance program, so long as the scholarship payments are made directly to the appropriate educational institution; (4) the education and training must include instruction in family management and life skills, employment and job search training, career counseling, and community-supported recreational activities; (5) appropriate English language and adjustment training must be provided for caretaker parents from immigrant groups who have language or cultural adjustment difficulties; (6) special training must be provided for physically handicapped participants; (7) education and training for each participant in the project must be provided for at least 20 hours per week and must be coordinated with available child care services; and (8) any caretaker parent who has completed all of the education and training required by this Act shall remain a participant in the project for 20 hours a week of job search and placement assistance (with coordinated child care) until either the parent is employed and self-sufficient or the family has become ineligible for AFDC. Provides that in the case of a caretaker parent who ceases to be a participant in the project because he or she has completed all of the education and training required by this Act and has become employed: (1) the parent will be provided with child care services, as necessary, without charge for a six-month period, and thereafter for a certain period subject to the payment of a gradually increasing portion of the cost of such services; and (2) the parent shall be considered for a 15-month period to be still a project participant for purposes of receiving Medicaid (title XIX of the Social Security Act) and shall thereafter be similarly considered to still be a participant for such purposes but subject to stated conditions. Requires all of the child care and transportation which is necessary for a caretaker parent to participate in a demonstration project to be included, without charge to the caretaker parent, as a part of the project. Requires each approved project to be designed so as to provide an effective demonstration of: (1) the planning and design of quality and cost-effective approaches to child and infant care; (2) the cost-effective utilization of existing publicly-funded educational, vocational, and other training programs; (3) coordination with other community service providers, including job developers; and (4) cost-effective and creative approaches to the utilization of transportation facilities. Prohibits participation in an approved project by a caretaker parent from resulting in any loss of eligibility or benefits under AFDC or any other public assistance program. Permits a State to make participation mandatory if: (1) it is necessary to operate a project in a cost-effective manner; (2) participants would not be disadvantaged financially or otherwise; and (3) children in need of assistance would not be disadvantaged. Provides that if any caretaker parent who is required to participate in a project refuses to undergo any education or training required by this Act or otherwise fails to participate in an approved demonstration project, without a reasonable basis for such refusal or failure as determined on medical, psychological, psychiatric, or other grounds by an appropriate licensed practitioner in accordance with regulations prescribed by the Secretary (subject to a State being granted a waiver): (1) such parent's needs shall not be taken into account in determining need under AFDC with respect to the parent's family; and (2) any AFDC payments shall be made in the form of protective payments. Requires each approved demonstration project to have a voluntary advisory group to assist in developing the program and in monitoring the project. Sets forth reporting requirements (including reports to the Congress). Requires each State in which a demonstration project is located to submit to the Secretary such information as the Secretary may require concerning a project. Women's Business Ownership Act of 1985 - Establishes the National Commission on Women's Business Ownership to review: (1) the status of women-owned small businesses nationwide; (2) the role of the Federal Government in aid to and the promotion of women-owned small businesses; (3) data collection procedures and the availability of data relating to women-owned businesses, women-owned small businesses, and small businesses owned and controlled by socially and economically disadvantaged women; (4) other Federal initiatives relating to women-owned small businesses, including those relating to Federal procurements; and (5) special impediments suffered by small businesses owned and controlled by socially and economically disadvantaged women. Directs the Commission to recommend: (1) new private sector initiatives which would provide management and technical assistance to women-owned small businesses; (2) ways to promote greater access to financing and procurement opportunities for such businesses; and (3) other measures relating to small businesses owned and controlled by socially and economically disadvantaged women. Terminates the Commission on the date that it transmits its final report to the President and to each House of the Congress. Authorizes appropriations. Title V: Tax Reform - Amends the Internal Revenue Code to provide that the zero amount for heads of households shall be the same as the zero bracket amount for joint returns and surviving spouses. Increases the amount of the earned income tax credit from 11 percent to 16 percent of the first $5,000 of earned income. Provides for a phaseout of such credit for taxpayers with adjusted gross incomes between $11,000 and $16,000. Provides that governmental payments shall be disregarded for purposes of determining support and maintenance of a household. Provides that any refund of Federal income taxes or advance payment made to an individual by reason of the earned income credit shall not be taken into account as income for purposes of determining eligibility for benefits or assistance under any Federal program or any State or local program financed in whole or part with Federal funds. Provides for cost-of-living adjustments for the amount of the earned income credit and the phase-out thresholds of such credit beginning in 1987. Allows a refundable income tax credit for: (1) employment related dependent care expenses; plus (2) expenses for the respite care of a dependent. Sets the amount of such credit at 50 percent of the sum of such expenses. Reduces such percentage (but not below 20 percent) by one percent for each full $2,000 amount by which the taxpayer's adjusted gross income exceeds $11,000. Provides for cost-of-living adjustments to such adjusted gross income amount. Limits the amount of employment-related expenses and respite care expenses which may be taken into account for purposes of such credit. Allows such credit for expenses incurred for the care of: (1) a dependent of the taxpayer who is under the age of 15; (2) a dependent of the taxpayer who is physically or mentally incapable of caring for himself; or (3) a spouse who is incapable of caring for himself. Repeals present provisions relating to the income tax credit for dependent care expenses necessary for gainful employment. Increases the amount individuals may contribute on behalf of their spouses for purposes of the deduction for retirement savings. Provides that no deduction from gross income shall be allowed to a taxpayer for entertainment expenses for food, beverages, lodging, or entertainment incurred in connection with a facility which discriminates on the basis of race, color, religion, sex, or national origin. Exempts facilities operated by a religious organization where access is limited to members of a particular religion. Treats dues and fees paid to discriminatory facilities as nondeductible expenses. Requires the submission of a statement to the Secretary of the Treasury that a facility not open to the public does not discriminate in order for amounts paid to such facility to qualify for the entertainment expense deduction. Requires the posting of a public notice in the facility stating the nondiscriminatory policy. Permits the Secretary to revoke the acceptance of the statement of nondiscrimination. Requires the taxpayer to report on his or her income tax return any amounts paid or incurred for food, beverages, lodging, or entertainment in any facility which is not open to the public or does not serve the public in order to deduct such amounts from gross income.
United States · United States Congress · 9 May 1985
Amends the Arms Control and Disarmament Act to increase the authorized appropriations for FY 1985. Authorizes appropriations for FY 1986 and 1987. Provides that the Deputy Director of the U.S. Arms Control and Disarmament Agency shall be compensated at level III on the Executive Schedule. Provides that the Assistant Directors of such Agency shall be compensated at level IV on the Executive Schedule.
United States · United States Congress · 9 May 1985
Expresses the sense of the House of Representatives that the United States should ratify the Convention on the Prevention and Punishment of the Crime of Genocide. Declares that the House will act expeditiously to implement this legislation.
United States · United States Congress · 8 May 1985
Expedited Funds Availability Act - Requires the Board of Governors of the Federal Reserve System to begin to develop a system to provide that: (1) funds deposited by checks drawn on a local depository institution shall be available for withdrawal the next business day following the day of deposit; and (2) for all other checks, not more than three business days shall pass between the day of deposit and the day on which the funds become available. Requires such system to be implemented no later than five years after the date of enactment of this Act. Requires the Board, not later than six months after the date of enactment of this Act and annually thereafter until such goal is achieved, to report to the Congress concerning the actions it has taken. Sets forth time standards for expedited check clearing in any case in which funds are deposited by check in an account at a depository institution. Requires cash deposits to be available on the next business day. Makes exceptions to such standards with respect to: (1) checks drawn on a depository institution or an office of a depository institution located outside of the United States; (2) deposits of checks aggregating more than $5,000 in any account on any business day, excluding cashier's and certified checks beginning two years after enactment of this Act; (3) deposits made by new depositors within the first 30 days after opening an account, excluding cashier's and certified checks beginning two years after enactment of this Act; (4) any account that is overdrawn three times in six months; and (5) emergencies beyond the control of the depository institution. Permits a State to require, or a depository institution to provide for, shorter time periods for deposit availability. Requires interest to accrue on funds deposited in interest-bearing accounts beginning on the business day of deposit. Requires a depository institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by check. Authorizes the Board to publish model disclosure forms and clauses for common transactions. Directs the Board to establish a Payments System Advisory Council to advise and consult with it in the exercise of its functions under this Act. Sets forth provisions governing: (1) the administrative enforcement of this Act; and (2) the civil liability of institutions that fail to comply with this title.
United States · United States Congress · 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 · 30 April 1985
Comprehensive Alzheimer's Assistance, Research, and Education Act of 1985 - Title I : Amendment to the Public Health Service Act - Amends the Public Health Service Act to establish a National Alzheimer's Education Program to: (1) coordinate education and training programs of the National Institutes of Health (NIH), the Veterans Administration, other Federal entities, State and local governments, and private organizations; (2) establish an information clearinghouse; (3) provide information to health care providers, organizations, patients, and the general public; and (4) provide technical assistance to States and public and private organizations in the collection and dissemination of information. Authorizes appropriations for FY 1986 through 1988 for such purposes. Directs the Secretary of Health and Human Services to make grants to States to plan, establish, and operate programs to: (1) coordinate the development and operation of diagnostic, treatment, care management, respite care, legal counseling, and education services provided by public and private organizations within the State; (2) provide respite care to patients with Alzheimer's disease and related disorders; (3) provide information to health care providers, organizations, and the general public on treatment and related services for patients and their families; (4) coordinate the development and operation of continuing education for health care providers on the diagnosis, treatment, and care management of Alzheimer's disease and related disorders; (5) review State policies on the financing and reimbursement of health care costs for such patients; (6) review State nursing home regulations as they apply to such patients; and (7) coordinate with the National Alzheimer's Education Program. Limits Federal grants for such programs to the lesser of one half the cost or $1,000,000. Authorizes appropriations for FY 1986 through 1988. Directs the Secretary to establish a plan for a research program for the study of Alzheimer's disease and related disorders. Directs the Secretary to make grants and enter into contracts with public and private entities for ten to 20 Alzheimer's disease research centers. Authorizes appropriations for FY 1986 through 1988. Provides for the recovery from Alaska of Federal grants provided under the Public Health Service Act if within 20 years from the date of completion of a medical facility, such facility ceases to be a publicly owned facility operated for the care or treatment of patients under Alaska's mental health program. Title II: Medicare and Medicaid Research, Demonstrations, and Waivers - Directs the Secretary to conduct research, waiver, and demonstration projects under the Medicare and Medicaid provisions of the Social Security Act to determine the: (1) coverage of alternative methods of health care for patients with Alzheimer's disease and related disorders; (2) coverage of nursing home care; and (3) appropriate reimbursement levels for nursing homes with such patients. Title III: Report - Directs the Secretary to report to the Congress within two years after the date of enactment.
United States · United States Congress · 29 April 1985
Designates the week beginning on April 13, 1986, as National Garden Week. Urges the wearing of garden flowers during that week as a symbol of appreciation for the contributions of the Nation's gardeners.
United States · United States Congress · 25 April 1985
Expresses the sense of the House of Representatives that: (1) the Rural Electrification Program must continue to provide financing and technical assistance at reasonable cost; and (2) the people of the United States and Federal and State governmental agencies should commemorate the Rural Electrification Administration on its 50th anniversary.
United States · United States Congress · 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 · 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 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 Tariff Schedules of the United States to grant duty-free treatment on fresh cantaloupes entered into the United States during the period from January 1 in any year through the following May 15, inclusive.
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
Nuclear Waste Fund Authorization Act, Fiscal Years 1986 and 1987 - Authorizes appropriations to the Department of Energy for expenditure from the Nuclear Waste Fund for the following activities: (1) a first repository development; (2) a second repository development; (3) monitored retrievable storage; (4) transportation and systems integration; (5) transfers to the general fund of the Treasury to offset certain appropriations made to the Nuclear Regulatory Commission (the Commission); and (6) program management. Prohibits such authorizations from being used for expenditures relating to: (1) research and development activities regarding disposal of high-level radioactive waste and spent nuclear fuel; (2) implementation of a certain monitored retrievable storage proposals until the Congress specifically authorizes the construction of a monitored retrievable storage facility; or (3) development of surface facilities for packaging, treatment, or storage of spent nuclear fuel other than at the site of a repository or civilian nuclear power reactor. Directs the Secretary of Energy to transfer from the Nuclear Waste Fund to the Treasury general fund the amounts appropriated to the Commission and certified by such Commission for expenditure in FY 1986 and 1987. Prescribes guidelines under which the Secretary of Energy shall issue revised standards regarding fee payments for electricity generated by civilian nuclear power reactors and sold before April 7, 1983. Directs the Secretary to amend certain contracts to ensure compliance with such revised standards. Directs the Secretary to evaluate a range of possible schedules for high-level radioactive waste acceptance and for repository disposal of spent nuclear fuel. Prescribes assessment guidelines for such evaluation. Prohibits the Secretary from obligating amounts from the Nuclear Waste Fund to incorporate nuclear waste acceptance schedules in high-level radioactive waste disposal contracts until: (1) the submission of a comprehensive report of such evaluation has been submitted to the Congress; and (2) a 90-day period of continuous congressional session has expired following the submission of such report.
United States · United States Congress · 15 April 1985
Civilian Energy Programs Authorization for Fiscal Years 1986 and 1987 - Title I: Research and Development - Authorizes appropriations for FY 1986 for Department of Energy civilian research and development programs relating to: (1) general science and research activities; (2) energy supply research and development; (3) the Geothermal Resources Development Fund; (4) fossil energy research and development; (5) energy conservation; and (6) defense nuclear energy programs. Authorizes appropriations for construction, acquisition, and modification of facilities including land acquisition and acquisition and fabrication of capital equipment not related to construction for: (1) general science and research activities; (2) energy supply research and development; (3) fossil energy and development; (4) energy conservation; and (5) defense nuclear energy programs. Title II: Conservation, Regulation, and Information - Authorizes appropriations for FY 1986 for the following appropriations accounts: (1) energy conservation; (2) economic regulation; (3) emergency preparedness; (4) Federal Energy Regulatory Commission; and (5) Energy Information Administration. Title III: Power Marketing Administration - Authorizes appropriations for FY 1986 for the following operations and maintenance accounts: (1) Southeastern Power Administration; (2) Southwestern Power Administration; and (3) Western Area Power Administration. Title IV: Other Activities - Authorizes appropriations for FY 1986 for: (1) uranium supply and enrichment activities; (2) departmental administration; (3) the Nuclear Waste Fund; (4) energy supply research and development; and (5) energy conservation. Authorizes appropriations for construction, acquisition, or modification of facilities, including land acquisition, and for acquisition and fabrication of capital equipment not related to construction for: (1) uranium supply and enrichment activities; (2) departmental administration; and (3) energy supply research and development. Title V: Fiscal Year 1987 Authorization - Authorizes appropriations for FY 1987 to implement civilian energy programs. Title VI: Miscellaneous Provisions - Repeals certain requirements under the Omnibus Budget Reconciliation Act of 1981 relating to the Department of Energy Budget for FY 1983 and 1984. Amends the Department of Energy Organization Act to provide substitutes for certain ethnic descriptions.
United States · United States Congress · 4 April 1985
Amends the Outer Continental Shelf Lands Act to eliminate certain requirements of reporting by the Secretary of the Interior to the Congress concerning shut-in and flaring wells in the leasing and production program in the Outer Continental Shelf. Eliminates the requirement that the Secretary continue investigating the availability of oil and gas reserves in the Outer Continental Shelf.
United States · United States Congress · 4 April 1985
Amends the Act of August 6, 1956 to rename it the Small Reclamation Project Act of 1956. Establishes a new formula for determining the interest rate for loans made under such Act. Requires a minimum local share to be financed by any non-Indian organization submitting a proposal under such Act. Sets forth a formula for determining such share. Authorizes appropriations as of October 1, 1985.
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 · 4 April 1985
Urges the Secretary of the Treasury to instruct the U.S. Executive Director of the International Monetary Fund to work for the abolition of the compensatory financing facility.
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.
United States · United States Congress · 3 April 1985
Endorses the statements of the Secretary of State that: (1) the system of apartheid in South Africa is "totally repugnant to the people of the United States"; (2) the most recent killings "underline how evil and unacceptable apartheid is"; and (3) the most recent act of violence of the South African police is "deplorable and the people of the United States have nothing except denunciation to say for it." Requests the Secretary to conduct an independent investigation of the violence in the Eastern Cape area of South Africa between March 21 and March 24, 1985, and to submit a report to the Congress by April 30, 1985, on the circumstances relating to the violence.
United States · United States Congress · 3 April 1985
Expresses the sense of the House of Representatives that the Soviet Union should be condemned for the murder of Major Arthur D. Nicholson, Jr., and actions inconsistent with the 1947 Military Liaison Missions Agreement.
United States · United States Congress · 2 April 1985
Indian Gaming Control Act - Establishes Federal standards for gaming activities within Indian reservations and on Indian lands. Defines "gaming." Makes gaming illegal within such reservations and on such lands unless conducted pursuant to a tribal ordinance or resolution adopted by an Indian tribal government and approved by the Secretary of the Interior. Requires the Secretary, under specified conditions, to approve any tribal ordinance or resolution concerning the conduct, licensing, or regulation of gaming activity within the tribe's jurisdiction. Provides for the tribal licensing and regulation of gaming owned, operated, or conducted by individuals or entities other than a tribe as long as such regulations and requirements are at least as restrictive as those established by State law. Prohibits such a tribal license to any individual or entity who is not otherwise eligible to receive a State license to conduct such activities. Permits a tribe, subject to approval by the Secretary, to enter into contracts for the operation and management of a tribal gaming enterprise for a fee. Sets forth certain information and contract requirements. Prohibits the Secretary from approving such contracts unless specified conditions are met. Permits the Secretary to not approve or to void such contracts where there is knowledge of specified facts. Sets forth the time within which existing gaming operations within an Indian reservation or on Indian lands must comply with the requirements of this Act.
United States · United States Congress · 2 April 1985
Coal Trade Equalization Act of 1985 - Directs the Secretary of the Interior to investigate and report to the Congress on the relationship between coal imports and: (1) the management of the Federal coal leasing program; and (2) the economic condition of the U.S. coal industry. Directs the Secretary of the Interior to include in such report appropriate legislative recommendations if the Secretary of the Interior finds that coal imports are adversely affecting the management of the Federal coal leasing program and the economic condition of one or more sectors of the U.S. coal industry. Amends the Tariff Schedules of the United States to grant duty-free treatment to coal from any country that has historically imported more coal from the United States than it has exported to the United States. Imposes a duty on coal from other countries. Requires the President to adjust the duty in accordance with findings made by the Secretary of Commerce (the Secretary). Requires the Secretary, upon receipt of a petition by an interested party, to determine the environmental, health, welfare, and safety cost for producing coal in a foreign country and in the United States. Requires the President to: (1) increase the duty if the U.S. cost exceeds the foreign country's cost; or (2) decrease the duty if the foreign country's cost exceeds the U.S. cost. Amends the Trade Act of 1974 to add coal subject to such duty to the list of articles which cannot be designated as eligible articles for the Generalized System of Tariff Preferences.
United States · United States Congress · 2 April 1985
Bureau of Indian Affairs Fiscal Accountability Act of 1985 - Requires the Secretary of the Interior (the Secretary) to submit to certain congressional committees an Initial Report on Appropriations Allotment for the Bureau of Indian Affairs. Requires such Report to identify the allotments made to specified Indian programs and activities. Requires such Report to include a certification by the Assistant Secretary of the Interior for Indian Affairs (Assistant Secretary) that funds appropriated to the Bureau of Indian Affairs will be allotted as presented in the Report. Prohibits funds allotted to one activity from being transferred to another activity, except with congressional approval or direction. Permits the Assistant Secretary, with the consent of an Indian tribe, to transfer not more than ten percent of the funds allocated to such activity to another activity. Requires the Secretary to submit a Reconciliation Report on Appropriations Allotment for the Bureau of Indian Affairs to certain congressional committees after each fiscal year. Requires such Report to explain any differences between actual expenditures within a subactivity and the allotment assignment to such subactivity. Requires the Secretary to establish procedures to require Bureau of Indian Affairs officials who have been delegated authority to authorize such expenditures to certify to the Assistant Secretary a schedule of actual expenditures made by such official. Sets forth administrative and criminal penalties for certain officials who violate the transfer provisions of this Act.
United States · United States Congress · 2 April 1985
Expresses the sense of the Congress that the United States and the Soviet Union should enter into a joint high-level scientific study to determine the long-term climatic and environmental effects of a nuclear exchange. Authorizes the Secretary of the Interior, in order to develop data for such study, to prepare an analysis of the consequences of a nuclear explosion on the environment. Expresses the sense of the Congress that the climatic and environmental effects of a nuclear exchange should be included in any analysis of the consequences of nuclear war and should also be considered in the nuclear weapons, arms control, and civil defense policies of both nations.
United States · United States Congress · 27 March 1985
National Childhood Vaccine-Injury Compensation Act of 1985 - Amends the Public Health Service Act to establish the National Childhood Vaccine-Injury Compensation Program (Program). Prohibits the filing of a civil action for damages for vaccine-related injuries unless the procedures of this Act have been followed. Directs the Secretary of Health and Human Services to prescribe rules governing the content of claims for vaccine-related injuries and procedures for filing such claims. Sets forth deadlines by which: (1) the Secretary must send the claimant and respondent lists of persons eligible to serve on hearing panels; (2) the respondent may join additional respondents; and (3) the claimant and respondent are to select persons for the hearing panel. Provides for the selection and replacement of additional hearing panel members. Permits each respondent to file a consent waiving his or her rights to a judge or jury trial. Allows the hearing panel to hear a claim if each respondent has filed consent. Allows the claimant to file an action for damages in a State or Federal court where none of the respondents have filed such consents. Permits the hearing panel to hear the claim against participating respondents where some, but not all, of the respondents filed consents. Allows the claimant to file an action in a State or Federal court against the nonparticipating respondents. Declares that such court action shall be stayed on any party's motion until the proceedings against the participating respondents are completed. Empowers the hearing panel to determine whether any alleged injuries are vaccine-related and, if appropriate, to award compensation. Sets an aggregate limit of $1,000,000 per person for such awards, including $100,000 for damages arising from pain, suffering, and emotional distress. Allows the claimant to reject the decision of the hearing panel by filing an objection within 60 days. Permits the respondent to appeal the decision of the hearing panel to a Federal district court within 30 days thereafter if no such objection is filed by the claimant. Directs the district court to affirm the hearing panel decision, unless: (1) the decision was procured by corruption or fraud; (2) the hearing panel exceeded its authority; or (3) the hearing panel denied a fair hearing to any party. Permits a claimant who has filed a timely objection to the hearing panel decision to maintain an action for damages in an appropriate State or Federal court. Permits the decision of the hearing panel to be admitted into evidence, unless: (1) the decision was procured by corruption or fraud; (2) the hearing panel exceeded its authority; or (3) the hearing panel denied a fair hearing to any party. Allows a plaintiff to recover a judgment for monetary damages to the full extent provided by State or Federal law where: (1) the respondent did not file a consent pursuant to this Act; or (2) the parties waived compliance with the procedures prescribed by this Act. Limits recovery to the extent provided by this Act where the respondent has filed a consent. Permits a respondent who has paid an award, judgment, or settlement to file a civil action in a U.S. district court seeking to recover all or part of it. Permits third-party impleaders and cross-claims. Allows a party to file an action for contribution or indemnification if that party: (1) did not file a consent pursuant to this Act or waived compliance; and (2) discharged a vaccine-injury claim. Declares that claims filed more than two years after the first manifestation of a vaccine-related injury shall be barred. Defines "covered vaccine" to include vaccines against diptheria, tetanus, pertussis, polio, measles, mumps, and rubella. Establishes an Advisory Commission on Childhood Vaccines to: (1) advise the Secretary on the implementation of the Program; (2) study and recommend ways to encourage the availability of safe and effective vaccines; (3) survey information gathering programs and advise the Secretary on how to obtain useful information; and (4) recommend research. Directs the Secretary to develop parent information materials within one year of enactment of this Act. Describes the information to be included in such materials. Directs the Secretary to: (1) encourage the development of vaccines that result in fewer major adverse reactions than those currently on the market; and (2) assure improvements in the vaccine industry to reduce the risks of major adverse reactions. Requires the Secretary to report to specified congressional committees biennially.
United States · United States Congress · 27 March 1985
Expresses the sense of the House of Representatives that travel by Members of Congress to the Soviet Union and travel by Soviet leaders to the United States serves the interests of the two nations and that such travel is encouraged.
![Official portrait of Rep. Udall, Morris K. [D-AZ-2]](https://www.congress.gov/img/member/u000001_200.jpg)