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United States · Official source
2,277 records where Rep. Weaver, James H. [D-OR-4] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 11 June 1985
Designates August 13, 1985, as National Neighborhood Crime Watch Day.
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
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
Expresses the Senate's commendation of the Soil Conservation Service on its 50th anniversary, and the Senate's commitment to vigorous soil and water conservation efforts.
United States · United States Congress · 4 June 1985
Includes service in the Cadet Nurse Corps during World War II as creditable service for purposes of civil service retirement.
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
Consumer Banking Act of 1985 - Title I: Expedited Funds Availability Act - Expedited Funds Availability Act - Sets forth time standards for the availability of funds deposited by check in an account of a depository institution, ranging from: (1) immediate availability of funds deposited by a check endorsed only by the person to whom it is issued and drawn on the Treasury or a State or local government; to (2) availability on the third business day following the day funds are deposited by a check drawn on an institution not in the same Federal Reserve district as the receiving institution. Makes exceptions for any check which is drawn on an institution located outside of the United States, deposited into an account other than the account of the payee, or deposited as the initial account deposit or deposited within 30 days of such initial deposit. Allows the Board of Governors of the Federal Reserve System to make other exceptions for checks which present a high risk of serious loss to the receiving institution. Directs the Board to: (1) consider specified proposals for improving the check collection system; and (2) report to the Congress annually on steps it has taken to improve the check clearing process. Permits a State to require, or an institution to establish, shorter time periods for fund availability. Requires each 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. Sets forth limits for the civil liability of an institution which fails to comply with requirements imposed pursuant to this title. Title II: Consumer Access to Depository Institutions - Consumer Access to Depository Institutions Act - Requires every depository institution to make available at all offices where transaction accounts are offered a basic consumer checking account which: (1) a consumer may open with an initial deposit of not more than $25; (2) may not require maintenance of a minimum balance; (3) permits up to eight withdrawals per month by check and five other monthly withdrawals without charge, with limited charges for additional withdrawals or overdrafts; and (4) imposes no charge for account deposits, maintenance, inactivity, balance inquiries, or closure. Requires institutions to provide each consumer with a monthly statement for such an account, and to offer a consumer with such an account the same products or services offered to other consumers. Permits an institution to refuse to open any other transaction account for the holder of a basic consumer checking account. Prohibits an institution from requiring that a consumer have another account at that institution or a credit card before opening a basic consumer checking account, or from imposing any other requirement that would discriminate against low-income consumers. Requires each institution which cashes checks in the ordinary course of business to cash, free of charge, any government check presented by the payee if the payee is registered with the institution. Permits an institution to assess an individual a charge of not more than the actual cost of issuing such individual an identification card. Requires each institution to post a conspicuous notice informing potential account holders of the availability of such basic consumer checking accounts and check cashing services. Sets forth limits for the civil liability of an institution which fails to comply with requirements imposed pursuant to this title. Authorizes a court of competent jurisdiction, upon application by an aggrieved party, to grant necessary equitable and declaratory relief to enforce requirements under this title. Title III: Truth In Depositing Act - Truth In Depositing Act - Requires each depository institution to maintain a schedule of fees, charges, and terms and conditions applicable to each account it offers. Lists among the information to be included statements on: (1) minimum balances required to open or maintain an account (2) maintenance, transaction, overdraft, stop payment, balance inquiry, account closing, and inactive account charges; and (3) the rate of simple interest, deposit period, method of compounding interest, and the annual percentage yield. Requires interest to be computed on the average daily balance during the applicable period. Requires such schedule to be mailed to current account holders and provided to potential customers before an account is opened or a service rendered. Directs the Board to publish standard account schedule forms and clauses for disclosures. Requires an institution to disclose in any periodic account statement its method of determining minimum balances and the actual balance amount used for an account, if the amount of interest paid or charges assessed are affected by a minimum balance requirement. Specifies interest rate information which an institution must disclose in any account advertisement, including: (1) the rate of simple interest and the basis of compounding; (2) the annual percentage yield; (3) time or amount requirements; and (4) applicable fees and penalties. Prohibits an advertisement from referring to an account as free if there is a minimum balance requirement or if the account has any transaction or service limitations. Prohibits inaccurate or misleading advertisements. Sets forth limits for the civil liability of an institution which fails to comply with requirements imposed under this title. Provides for the judicial enforcement of this title. Title IV: Consumer Protection Preemption Act of 1985 - Consumer Protection Preemption Act of 1985 - Requires all federally-chartered depository institutions to comply with all State laws that do not directly conflict with Federal law, and to comply with a conflicting State law unless the Board determines that the State law does not provide greater consumer protection, better promote community reinvestment, or better insure against credit discrimination than Federal law. Excludes from the definition of "State law" any law the principal purpose of which is to ensure the general safety and soundness or the competitiveness of depository institutions. Authorizes the Board to propose a rule determining that a State law or class of State laws is preempted or temporarily preempted. Requires such proposal to be published for public comment in the Federal Register. Provides for the judicial review of such preemption and for judicial enforcement of required compliance with State laws. Title V: Adjustable Rate Mortgage Provisions - Adjustable Rate Mortgage Consumer Protection Act - Amends the National Housing Act and the Federal Deposit Insurance Act to require an institution which receives Federal net worth guarantees or assistance and which offers adjustable rate mortgages (ARMs) on residential property to offer ARMs which: (1) limit the maximum percentage increase in the periodic payment to not more than two-thirds of the average percentage increase in wages for all U.S. workers for the applicable period; and (2) limit percentage increases in the loan balance during any period to not more than one-fifth of the average appreciation rate of homes in the United States, as measured by the Federal Home Loan Bank Board. Directs the Federal National Mortgage Association to offer to purchase such mortgages. Prohibits any federally-insured institution from making an ARM on a one- to four-family residence unless the ARM: (1) restricts increases in the actual or effective interest rate to not more than two percent annually and five percent overall; (2) provides that positive or negative changes in the index in excess of two percent shall be carried over to subsequent years for rate adjustments; and (3) prohibits the loan balance from increasing above the purchase price of the home. Amends the Truth in Lending Act to require a creditor to provide to a borrower a detailed disclosure of the terms of an ARM used in a residential mortgage transaction. Includes among the information to be disclosed: (1) the payments and interest rates that would apply under a specified hypothetical situation with a statement that there is no limit on the mortgage interest rate; or (2) the maximum interest rate, maximum mortgage payment, and the earliest date such maximums could take effect during the first five years of the mortgage; and (3) a conspicuous indication of whether the disclosure constitutes a firm commitment, and if so, how long the commitment will be in effect. Specifies the information that a creditor must include in a written notice to a borrower preceding any change in the periodic payment of an ARM. Prohibits the disclosure of any information on annual percentage rates in connection with any ARM. Title VI: Financial Consumers' Association Act - Financial Consumers' Information and Representation Act - Authorizes the creation of a public purpose, democratically controlled, membership association of financial service consumers in each State where the lesser of one percent of the State's population or 50,000 persons sign a supporting petition. Requires the association to be a nonprofit, nongovernmental entity with the purpose of: (1) promoting the interest of consumers in, and informing consumers about, financial service matters; and (2) distributing association material to low- and moderate-income and minority financial service consumers. Grants an association the authority to: (1) represent the interests of consumers in financial service matters before regulatory agencies, legislative bodies, other forums, and financial service providers; (2) sue on behalf of its members for judicial relief in financial matters; and (3) conduct and assist research in financial service matters. Provides that an association shall be deemed to have an interest sufficient to obtain judicial review or enforcement of a regulatory action affecting the interests of financial service consumers. Prohibits the association from participating in any partisan political process. Authorizes an association to furnish enclosures to any federally insured financial institution doing business in the association's State for inclusion in any account statement mailing of such institution. Permits such an enclosure to describe the association or its activities, to provide membership procedures, or to survey consumers about financial service concerns. Requires an institution, at an association's request, to include such enclosures in up to four account statements per year mailed to each customer who is a resident of the association's State. Sets forth enclosure size and weight restrictions. Requires an association to reimburse an institution for enclosure handling and postage costs. Sets forth provisions concerning settling disputes between an association and an institution concerning such costs or the content of enclosures. Sets forth provisions governing the qualifications, eligibility standards, disclosure requirements, election, terms of office, removal, duties, and compensation of an association's board of directors. Directs the Governor of each State to appoint an interim board of directors which shall incorporate the association and manage its affairs until the first elected board of directors takes office. Prescribes a civil penalty for violations of this title by any financial institution or officer or employee thereof. Title VII: Community Reinvestment Act Amendments of 1985 - Community Reinvestment Act of 1985 - Repeals the Community Reinvestment Act of 1977. Directs a Federal financial supervisory agency, in examining an insured financial institution, to assess the institution's record of meeting the credit needs of its entire community consistent with the safe and sound operation of such institution. Requires such an assessment to be based on specified factors and to place special emphasis on the institution's performance in serving the credit needs of low- and moderate-income areas of the community. Provides that such an assessment shall extend to the records of an institution's holding company, if any, and such company's nondepository subsidiaries in meeting community credit needs. Directs an agency, upon completing an assessment, to prepare a written evaluation of, and assign a CRA rating ranging from #1-excellent to #5-poor to the institution's performance in meeting the credit needs of its community. Specifies requirements for a #1 or #2 rating, including publication of a preliminary evaluation and rating for public comment. Sets forth guidelines for consideration of such CRA ratings by a Federal financial regulator considering whether to grant an insured institution or a holding company with one or more insured subsidiaries approval for a Federal charter, Federal deposit insurance, establishment of a domestic branch, relocation of an office, a merger, a consolidation, or an acquisition with respect to a deposit facility. Requires any institution or holding company seeking such deposit facility approval to publish newspaper notice of such action and to provide for public comment on its performance in serving community credit needs. Directs each appropriate Federal financial supervisory agency to prepare and mail to any requesting person a weekly bulletin listing the regulated institutions which seek deposit facility approval and identifying the deposit facilities. Requires each insured institution to adopt, review annually, and make publicly available a Community Reinvestment Act Statement for each community delineated pursuant to regulations implementing this title. Requires that such Statement include the delination of the community and a list of the types of credit that the institution is prepared to extend within the community. Requires that an application to charter an insured institution include a delineation of the community to be served by the institution. Prohibits a Federal financial regulator from granting deposit facility approval on an interstate basis if the institution seeking approval: (1) is an insured institution or holding company assigned a CRA rating of less than #2 or an insured institution controlled by a holding company that controls any insured institution assigned a CRA rating of less than #2; or (2) has exhibited a pattern of acquiring or chartering institutions or acquiring or opening deposit facilities in a manner that tends to exclude low- and moderate-income areas. Requires a regulated financial institution with assets of $1,000,000,000 or more that seeks approval to acquire on an interstate basis an insured institution with total assets of $100,000,000 or more to submit to the appropriate Federal financial supervisory agency a community reinvestment plan describing how the applicant plans to serve the credit needs of the broader community of the target institution. Prohibits a Federal regulator from approving such acquisition: (1) unless such plan contains specific commitments to serve community credit needs commensurate with the volume of deposits that the applicant would control; or (2) if the applicant has failed to vigorously implement any previous commitments. Conditions approval of the interstate acquisition of an insured institution with assets of $1,000,000,000 or more by any regulated financial institution on commitments by the acquiring institution that the target institution will annually disclose specified information on loans originated within its home State and within low- and moderate-income areas within its home State. Limits investment in real estate equity, otherwise permitted by Federal or State law, based on the CRA rating of the institution involved. Directs the Federal Deposit Insurance Corporation (FDIC) and the Federal Savings and Loan Insurance Corporation (FSLIC) to separately establish a system of CRA rebates in order to reward insured institutions for excellent performance in serving the credit needs of their local communities. Requires such systems to provide for annual payments of rebates to insured institutions with #1 CRA ratings and annual collections of assessments from institutions with CRA ratings of #3, #4, or #5. Requires one-third of the interest paid by the Federal Reserve System on any insured institution reserves to be credited to a Supplemental CRA account. Directs the FDIC and FSLIC to use all funds credited to such account to pay Supplemental CRA rebates to insured institutions with #1 and #2 CRA ratings. Requires each appropriate Federal financial supervisory agency to include in its annual report to the Congress an outline of actions taken pursuant to this title. Title VIII: Equal Access to Financial Services Act - Equal Access to Financial Services Act - Prohibits any depository institution from adopting or maintaining policies, practices or standards that discriminate in the availability or terms of financial services unless such policies, practices, or standards are justified by proof that they are required by reason of safety and soundness or other business necessity. Sets forth limits for the civil liability of an institution which fails to comply with any requirement imposed pursuant to this title. Provides for the judicial enforcement of such requirements.
United States · United States Congress · 4 June 1985
Designates August 14, 1985, as Social Security Day and the week of August 11 through August 17, 1985, as Social Security Week. Authorizes and requests the President to commemorate August 14, 1985, as the 50th anniversary of the Social Security Act.
United States · United States Congress · 23 May 1985
Amends the Food Stamp Act of 1977 to require: (1) each State agency to submit to the Secretary of Agriculture a statistically reliable sample of cases for purposes of quality control review; (2) the Secretary to analyze such information and notify the State agency of its error rate; and (3) the State agency to develop, submit to the Secretary, and implement a corrective action plan. Directs the Secretary to: (1) waive the requirement of a corrective action plan where a State's error rate has been consistently below the "target" error rate; (2) establish corrective action plan criteria; (3) monitor the implementation of any such plans; and (4) reduce a State's federally funded share of administrative costs if its error rate exceeds "target" rates. Provides with regard to such financial sanctions that: (1) the Secretary may waive such sanctions based on a State's good faith effort to reduce its error rate; (2) sanctions shall be reduced by the amount of collections from allotments to ineligible households or from overissuances to eligible households; and (3) the Secretary waive such sanctions if a State spends the sanction amount on implementation of a corrective action plan. Sets (fiscal year) error rate tolerance levels at five percent adjusted by specified socio-economic factors. Imposes a one-year moratorium on sanctionable food stamp program errors, and a 90-day moratorium on administrative errors. Directs the Secretary to: (1) conduct a study of client errors and broader performance measures; and (2) report to the Congress within one year.
United States · United States Congress · 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
Foreign Investment Disclosure and Reciprocity Act - Requires registration of an investment by a foreign person if the investment results in acquisition, ownership, or control by the foreign person of a cumulative interest of: (1) five percent or more in a U.S. person or in other property in the United States; (2) $10,000 or more in a bank deposit; or (3) $10,000 or more in U.S. securities. Prohibits a foreign person from making such an investment unless the foreign person first registers the investment with the Secretary of Commerce. Sets forth information to be provided in the registration, including a certification by the foreign person that it would be possible for the Federal Government, a U.S. citizen or a U.S. resident to make an investment of the same type and size in the same industry in the country or countries where the owners of the foreign person are located. Requires foreign persons who, at the time of enactment of this Act, hold such investments in the United States to register those investments within 180 days and to include the date on which such investments were made. Declares that certification need not be made for such investments, but prohibits increasing the cumulative interest of such investments unless the foreign person makes such certification. Requires foreign persons to report certain information to the Secretary if they transfer interest in such investments. Requires a foreign persons who have investments in the United States to report certain information to the Secretary if another person acquires a cumulative interest of five percent or more in such foreign person. Requires registration if they have certain investments in the United States, by persons who become foreign persons and by foreign persons who become foreign persons of other countries. Requires foreign persons to give annual updates of their registration information to the Secretary. Sets forth the method of determining whether a person acquires indirectly a cumulative interest of five percent or more in another person. Authorizes a person who is unable to make the required certification to make an investment in the United States only if: (1) the President determines that the investment is in the national interest; (2) the President submits a report containing specified information on the investment and investor to the Congress; and (3) the proposed investment is approved by an enactment of the Congress. Sets forth civil and criminal penalties for violations of this Act. Authorizes the Secretary to monitor compliance with this Act. Directs the Secretary to issue regulations to carry out this Act. Directs the Secretary to report annually to the Congress and the President on: (1) the extent and effects of foreign investment in the United States; (2) the effectiveness and efficiency of the registration and reporting requirements of this Act; and (3) the progress in removing the restrictions imposed by foreign countries on investments made by U.S. persons in those countries. Directs the Secretary to compile an inventory of foreign investments in the United States which shall be available to the public.
United States · United States Congress · 22 May 1985
Federal Pesticide Reform Act of 1985 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to require a person defined as a "certified applicator" to have undergone pesticide safety training. Requires pesticide ingredient statements to list inert as well as active ingredients. Eliminates from the definition of "misbranded" the provision relating to an unregistered pesticide manufactured in the United States solely for export. Defines "data gap" and "adverse reproductive effect" for purposes of this Act. Requires the registration of pesticides intended for export. Permits public access to pesticide application information before a final registration decision has been reached. Prohibits the registration of a pesticide having an adverse reproductive effect. Restricts the use of conditional registration. Requires public access to supporting data for any such registration. Repeals the interim administrative review provision which required a validated test or other significant evidence of adverse effect before initiation of a formal agency review. Establishes a timetable for the registration of pesticides which have not been reregistered since September 30, 1978, and which: (1) are used on food crops or remain as residues in potable ground water; (2) have significant data gaps; or (3) cause mutagenic effects. Requires specified additional data on inert ingredients. Prohibits registration of a pesticide containing an inert element which either by itself or in combination causes harmful environmental effects. Directs the Administrator of the Environmental Protection Agency (EPA) to develop a comprehensive plan for evaluating inert ingredients. Subjects information concerning the toxicity of inert ingredients to specified disclosure provisions. Requires a registrant to disclose EPA information regarding any adverse effects (human or environmental) of a pesticide. (Currently the disclosure standard is unreasonable environmental effects.) Directs the Administrator to initiate a cancellation hearing if materially false, misleading, or inaccurate supporting information has been submitted on behalf of a pesticide registration or residue tolerance. Directs the Administrator to issue a notice of intent to cancel, or to hold a cancellation hearing, based upon a pesticide's substantial question of safety. Permits any member of the public to initiate a cancellation hearing. Revises cancellation hearing provisions, including: (1) giving the parties a right to participate; and (2) setting specific time limits for hearing dates and determinations. Prohibits the reregistration of canceled, suspended, or withdrawn pesticides under conditional registration, experimental use, or special local need categories unless: (1) there is no available alternative; (2) there is a threat of significant infestation damage; and (3) data is available supporting the pesticide's effectiveness against such infestation. Sets forth additional health and safety information for the Administrator to collect and make public regarding pesticide manufacturing plants. Subjects pesticide exporters to recordkeeping requirements under such Act. Provides for the disclosure of pesticide intermediary chemicals. Repeals the prohibition on disclosure of health and safety information to foreign or multinational producers. Requires commercial applicators to maintain pesticide spraying records. Requires specified activities to reduce pesticide drift. Prohibits the use in foreign countries of U.S.-submitted registration or licensing data. Makes it unlawful to: (1) fail to disclose findings of additional risk; and (2) violate EPA regulations. Repeals the provisions requiring Federal indemnification of holders of canceled or suspended pesticides. Provides a private right of action for violations of such Act. Prohibits the export of a pesticide whose U.S. registration has been canceled or withdrawn unless: (1) the exporter notifies the Administrator regarding quantity and destination; and (2) the Administrator has received a request for such pesticide from such country (after having provided such country with the appropriate data regarding the pesticide's cancellation). Prohibits the importation of agricultural commodities with detectable residues of U.S.-prohibited pesticides. Authorizes the Administrator to provide foreign countries with technical assistance to develop pesticide research and regulatory programs. States that in exercising any authority under such Act, the Administrator shall not be preempting Department of Labor authority under the Occupational Safety and Health Act of 1970. Places additional requirements on applications for special local needs registrations. Authorizes EPA to establish and enforce standards for indoor pesticide residues. Authorizes the Administrator to change pesticide use classifications or package labeling. Directs the Administrator to: (1) establish a worker health and safety program; (2) establish within EPA's Office of Pesticide Programs a separate administrative unit responsible for pesticide workers' health and safety; and (3) issue pesticide worker safety regulations. Directs the Administrator: (1) upon detection of pesticide groundwater contamination to notify the affected State and each registrant of such pesticide; and (2) to issue a notice of intent to cancel such pesticide's use registration unless the affected State acts to control further contamination or the registrant amends such use. Requires the imposition of registration fees sufficient to run the registration program. Protects employees from being dismissed or penalized for reporting violations of such Act.
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 · 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 Tariff Act of 1930 to include in the definition of "subsidy" (for countervailing duty purposes) any resource input subsidy as provided for under the provisions of this Act. States that a "resource input subsidy" is found to exist if: (1) (a) a product is provided or sold by a government-regulated or controlled entity within a country for input use within such country at a domestic price that is lower than the fair market value of the input product and is not freely available to U.S. producers; and (b) a product would, if sold at the fair market value, constitute a significant portion of the total cost of the manufacture or production of the merchandise in or for which the input product is used; or (2) under specified circumstances, the right to remove or extract such product is provided or sold by a government or a government-regulated or controlled entity within a country. Sets forth the method of calculation for the amount of a resource input subsidy. Defines "fair market value" and "input use" for purposes of this Act. Requires injury determinations by the U.S. International Trade Commission to be made in all countervailing duty investigations relating to the existence of resource input subsidies.
United States · United States Congress · 9 May 1985
Designates the week of May 11 through May 17, 1985, as Handicapped Awareness Week.
United States · United States Congress · 9 May 1985
Expresses the sense of the Congress that the executive branch should release appropriations for the Special Supplemental Food Program for Women, Infants, and Children (WIC).
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
Food Stamp and Commodity Distribution Improvement Act of 1985 - Title I: Food Stamp and Related Provisions - Amends the Food Stamp Act of 1977 to make homeless persons eligible to participate in the food stamp program (program). Requires State agencies to develop related certification and issuance procedures. Changes the four-person thrifty food plan adult age range from 20 to 54 years old to 20 to 50 years old. Requires the thrifty food plan to be adjusted annually each October 1 to reflect: (1) food price changes through the preceding June; and (2) the Secretary of Agriculture's projection of food price changes through the following September. Revises the definition of "disabled" to include certain persons receiving benefits under the Railroad Retirement Act or persons receiving Supplemental Security Income (SSI) disabled benefits. Prohibits the collection of State and local taxes on food stamp purchases. Removes provisions which prohibited the distribution of federally donated foods in jurisdictions where the food stamp program is operated. Makes households each of whose members receive SSI or Aid to Families with Dependent Children (AFDC) categorically eligible for program participation. States that denial of eligibility or termination of benefits from such programs cannot be a basis for denial of food stamp eligibility or termination of benefits. Excludes loan origination fee payments and insurance premiums from "household income" under the program. Includes as such income any income from Federal educational grants not used for tuition and fees, from the program definition of "income." Requires that certain AFDC payments and State assistance made to third parties on behalf of food stamp households be treated as money paid directly to such households. Declares that earnings attributable to the Job Training Partnership Act shall be considered earned income. Increases the earned income deduction from 18 to 20 percent. Separates (presently combined) dependent care and excess shelter expense deductions. Provides for an educational deduction and an energy assistance deduction. Grants States the option of calculating income either prospectively or retrospectively. Authorizes the Food Stamp Disaster Task Force to assist States in implementing and operating the regular food stamp program in a disaster area. Increases the resources limitation from $1500 to $2500, and from $3000 to $3500 for the elderly and disabled. Increases the threshold for accounting a vehicle's value against resources from $4500 to $5500. Requires the disqualification of a household if the head of household fails to fulfill work requirements. (Current law disqualifies a household where any eligible member of such household fails to fulfill work requirements.) Exempts students under the Job Training Partnership Act from certain disqualification provisions and removes the exception for certain students who are parents. Requires each State agency to implement an employment program as set forth under this Act. Authorizes appropriations for FY 1985 through 1989 for such program. Directs the Secretary to report by January 1, 1989, to the appropriate congressional committees on the effectiveness of such programs. Permits States to stagger coupon issuance. Permits the disclosure of information submitted by retail stores to State agencies that administer the Special Supplemental Food Program for Women, Infants and Children under the Child Nutrition Act of 1966. Permits federally insured credit unions which have wholesale or retail grocers in their membership to redeem food stamps. Prohibits financial institutions from collecting charges for the redemption of coupons, other than charges relating to the cancellation of such coupons. Directs State agencies to periodically assess the need to keep food stamp offices open during weekend or evening hours. Requires the Secretary to encourage State agencies to disseminate program information. Imposes a civil penalty on the transferor of a disqualified retail food store. Prohibits any new owner from accepting food stamps until such penalty has been paid. Authorizes the Secretary to sue in district court to collect such penalty. Authorizes the Secretary, at the request of a State agency, to waive payment of a portion of any claim asserted against the State for its error rate, if the State shows that it will devote the waived portion to administrative efforts to reduce its payment error rate. Directs the Secretary to develop a model plan for computerization of the information systems under the food stamp program by October 1, 1986. Requires a report to the Congress by April 1, 1987, on the sufficiency of each State's computerized system. Extends the authority to conduct pilot projects intended to improve the efficiency of the program until October 1, 1990. (Currently, such authority expires October 1, 1985.) Authorizes the Secretary to continue any project beyond any established term if such project has a beneficial effect on administrative costs and error rates. Authorizes appropriations for the food stamp program for FY 1986 through 1990. Revises the Puerto Rico block grant program to: (1) make permanent the existing temporary (through September 30, 1985) suspension for the non-cash program requirement; (2) repeal the provision requiring Puerto Rico to pay 50 percent of administrative costs; and (3) repeal the requirement of a single administering agency. Authorizes appropriations for such program for FY 1986 through 1990. (Currently, such authorization is a fixed amount and open-ended.) Amends the Agriculture and Consumer Protection Act of 1973 to extend the commodity distribution program for FY 1986 through FY 1990 and the commodity supplemental food program from FY 1986 through 1989. (Currently, such programs expire in FY 1985.) Allows the continued distribution of agricultural commodities to low-income elderly under certain pilot projects. Title II: Amendments to the Temporary Emergency Food Assistance Act of 1983 and Other Commodity Distribution Provisions - Amends the Temporary Emergency Food Assistance Act of 1983 to declare emergency feeding organizations as eligible commodity recipients. Defines such organizations as those including charitable institutions, food banks, hunger centers, soup kitchens, and similar nonprofit agencies. Repeals provisions which: (1) authorize the use of wheat provided under the Food Security Wheat Reserve Act of 1980; and (2) relate to agreements for reprocessing commodities into end-use food products. Authorizes State agencies to enter into cooperative agreements for the provision of commodities to an emergency feeding organization. Authorizes appropriations for FY 1986 and 1987 for the costs associated with the distribution of commodities by emergency feeding organizations. Sets forth conditions associated with such funding. Requires the Secretary to publish regulations regarding the commodity distribution program for FY 1986 and 1987. Requires such regulations to include provisions that set standards of liability for commodity losses. Terminates the temporary emergency food program on September 30, 1987. (Currently, such program terminates September 30, 1985.) Directs the Secretary to report to the Congress on the activities under such program by April 1, 1987. Amends the Agricultural and Food Act of 1981 to require the Secretary to encourage consumption of products made available without charge or credit through agreements with private companies for the reprocessing of such products. Title III: Food, Nutrition, and Consumer Education - Directs the Department of Agriculture, through its Extension Service, to coordinate a program where by State cooperative extension services provide food, nutrition, and consumer education services to low-income persons. Authorizes appropriations for such program for FY 1986 through 1990.
United States · United States Congress · 8 May 1985
Fair Share Minimum Tax Act of 1985 - Amends the Internal Revenue Code to provide for a single alternative minimum tax for both individuals and corporations. Imposes such tax on taxpayers having alternative minimum taxable income in excess of $70,000. Sets the amount of such tax at the excess of: (1) five-sixths of one percent for individuals or five-sixteenths of one percent for corporations for each $1,000 by which alternative minimum taxable income exceeds $70,000; over (2) the regular tax for the taxable year. Phases-out the deduction for individuals for alternative minimum tax itemized deductions by two percent for each $1,000 that minimum taxable income exceeds $100,000. Limits the itemized deduction for housing interest to interest paid for principal residences and allows an itemized deduction for State and local income and real property taxes. Repeals provisions relating to the present minimum tax on corporations. Modifies provisions relating to items of tax preference to provide that: (1) all depreciable property regardless of whether subject to a lease shall be included as a tax preference item; (2) present class life rather than accelerated cost recovery periods must be used for depreciable property; and (3) the net income offset for intangible drilling costs shall be disallowed. Adds as items of tax preferences for all taxpayers: (1) interest from newly issued tax-exempt securities; (2) gain on installment sales; (3) income attributable to life insurance, annuity, or endowment contracts; (4) net losses from activities in which an individual is not a material participant; and (5) certain deductions of life insurance companies. Provides that tax preferences which presently apply to personal holding companies shall apply to all corporations. Revises the method of calculating the tax preference for bad debt reserves and interest on debt to carry tax-exempt obligations for financial institutions. Adds as items of tax preference for corporations: (1) exempt foreign trade income; (2) deposits in, and earnings on, certain maritime construction funds; and (3) income received under completed contract accounting. Adds as items of tax preference for individuals: (1) untaxed portions of social security benefits; (2) earned income of citizens and residents living abroad; (3) the increase in nonforfeitable pension benefits; (4) the deduction for two-earner married couples; (5) health-related benefits excluded from gross income; and (6) employer contributions to group term life insurance. Revises requirements for the election to avoid minimum tax on qualified expenditures. Sets forth effective dates and transitional rules.
United States · United States Congress · 7 May 1985
Field Office Closing Justification Act - Requires executive agencies (except the General Accounting Office and the Department of Defense) to report to the Congress prior to any personnel action respecting an employee assigned to any field office which is incidental to a reorganization of such field office. Describes such personnel action as removal, reduction in grade or pay, involuntary reassignment, or furlough.
United States · United States Congress · 7 May 1985
Farm Policy Reform Act of 1985 - Title I: Agricultural Commodity Supply Management - Amends the Agricultural Act of 1949, effective for the 1986 through 1999 crops, to require the Secretary of Agriculture to conduct referendums (August of 1985, 1989, 1993, and 1997) to determine by majority vote if a mandatory supply management program shall be in effect for the succeeding four-year program period. Provides that the Secretary shall determine the farm program for the succeeding four-year period if such referendum fails. Provides for 36-month loans at rates of 70 percent of parity for 1986 with two-percent annual increments rising to 90 percent of parity for 1996 through 1999. Eliminates target prices. Directs the Secretary to proclaim a national marketing quota (for each commodity) for each of the 1986 through 1999 crops based on domestic and export demands, and food aid and carryover requirements. Directs the Secretary to proclaim a national acreage allotment for each of the 1986 through 1999 crop years. Requires producers who earn more than 50 percent of their gross income from nonfarm sources to set aside an additional ten percent of eligible crop acreage. Permits the Secretary to award bonus acres if the allotment request totals do not exceed the national marketing quota. Directs the Secretary to issue marketing certificates for each commodity at the same time acreage allotments are assigned. Bases such certificates on the higher of county average yield or farm yield. Permits adjustments. Permits excess production to be: (1) used for on-farm use; (2) stored and marketed in the subsequent year; (3) donated for specified foreign food assistance programs; and (4) sold to the Commodity Credit Corporation (CCC) for 50 percent of the loan level. Requires producers to apply conservation measures (including haying and grazing or wildlife use) to set-aside acres. Directs the Secretary to establish a farmers disaster reserve (in lieu of crop insurance) for each commodity for the 1986 through 1999 crop years. Requires producers to contribute a portion of their production to such reserve. Provides that in the event of a disaster, producers will receive 90 percent of their marketing certificate amount reduced by actual production, not to exceed an annual value of $360,000. Permits the use of CCC stocks to supplement insufficient reserve stocks. Amends the National Wool Act to extend the wool and mohair program through 1990. Suspends marketing quota, certificate, and other specified provisions of current law with regard to the 1986 through 1999 wheat and feed grain crops. Title II: Agricultural Credit - Amends the Consolidated Farm and Rural Development Act to limit Farmers Home Administration (FmHA) guaranteed ownership and operating loans to ten percent of such total loans. Requires farm recordkeeping training for limited resource borrowers. Limits direct operating loans to any individual to $200,000, except that no more than 25 percent of the funds may be used for loans in excess of $100,000. Limits similar guaranteed operating loans to $400,000, except that no more than 25 percent of guaranty authority may be for loans in excess of $200,000. Limits total individual indebtedness to $500,000. Revises FmHA emergency loan provisions, including: (1) making such loans more family-farm oriented; (2) reducing the individual loan ceiling; and (3) making such loans available only to persons unable to secure credit elsewhere. Provides for loan (principal and interest) and foreclosure deferrals for up to five years, for the period 1986 through 1999. Sets forth loan default provisions. Expands county committee membership to five, of which three must be farmer-elected. Sets forth time limits for approval of FmHA loans and loan guarantees. Establishes an appeals procedure for FmHA loan applications, including: (1) written notice of an adverse decision; and (2) opportunities for informal and formal hearings. Limits the leasing or sale of FmHA-held land to persons who are eligible for FmHA ownership or operating loans. Sets forth a priority order for such dispositions, with first priority for limited resource borrowers. Directs the Secretary to sell to such borrower at a price which reflects the average expected income from such land. Authorizes the Secretary to make or insure loans to assist borrowers. Directs the Secretary to conduct an ongoing search to identify, publicize, and transfer such farmland to eligible borrowers. Requires the Secretary to furnish borrowers with loan summary statements at least once a year. Increases from 20 percent to 25 percent the amount of FmHA ownership and operating loans for limited resource borrowers. Directs the Secretary to: (1) conduct a study of the appropriateness of the FmHA "Farm and Home Plan"; and (2) report within 120 days to the appropriate congressional committees. Title III: Agricultural Exports and Imports - Subtitle A: Agricultural Exports - Amends the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480) to permit local currency sales to developing countries with a per capita gross national product of $500 or less. Authorizes grants to private entities for projects to improve storage and marketing or expand private enterprise. Requires using at least $500,000,000 annually for FY 1985 through 1988 for an intermediate export credit program. Increases minimum food relief tonnage under title II of P.L. 480 for FY 1985 through 1990. Requires at least 60 percent of such commodities to be in the form of processed and fortified foods. Authorizes multiyear agreements with nonprofit voluntary agencies. Requires such agencies to maintain an operating reserve of at least 15 percent in disaster or drought-prone areas. Directs the Secretary to maintain a processed product and fortified grain reserve. Increases famine relief funding for: (1) CCC reimbursement; and (2) foreign currency purchases. Directs the President, to the extent possible, to enter into multilateral agreements with other food exporting nations to aid needy nations. Subtitle B: Agricultural Imports - Directs the Secretary to utilize existing law to minimize agricultural and food imports. Amends the Federal Meat Inspection Act to require country of origin labeling of imported meat. Requires eating establishments serving imported meat to so inform patrons. Title IV: Soil and Water Conservation - Subtitle A: Soil and Water Conservation - Amends the Soil Conservation and Domestic Allotment Act to direct the Secretary to establish a training program for Soil Conservation Service personnel. Directs the Secretary to: (1) promote energy and water conservation through dry land farming; and (2) strengthen the role of local and state committees. Requires producers to use agricultural conservation program payments and grants in accordance with a conservation plan approved by the local soil and water conservation district or by the Secretary. Directs the Secretary to provide technical assistance. Directs the Secretary to enter into ten-year conservation reserve program contracts to promote soil and water conservation on erosion-prone land. Authorizes appropriations. Authorizes the Secretary to enter into five-year contracts to reduce water use from underground aquifers to irrigate land. Authorizes appropriations. Subtitle B: Highly Erodible Land Conservation - Makes any person who cultivates crops on highly erodible land ineligible for five years for: (1) price supports; (2) farm storage facility loans; (3) crop insurance; (4) disaster payments; or (5) specified other agricultural loans. Exempts crops planted: (1) on land cultivated from 1981 through 1985; (2) before enactment of this Act; or (3) under specified conservation systems. Directs the Secretary to: (1) use local agricultural committees to help administer such program; and (2) complete certain soil capability surveys as soon as practicable. Title V: Food Assistance Programs - Subtitle A: Food Stamp Program - Amends the Food Stamp Act of 1977 to base food stamp allotments on the projected average cost of the thrifty food plan for the coming (as of October 1) year. Raises the earned income deduction from 18 percent to 20 percent. Separates and raises the maximum dependent care deduction ($160) and excess shelter deduction ($175). Permits family income to be calculated prospectively or retrospectively. Authorizes supplemental allotments to a household that experiences a monthly income loss of $100 or more. Increases resource limitations. Waives nonliquid asset requirements for up to four months in areas of high unemployment or high farm foreclosures. Requires States to conduct food stamp public information programs. Authorizes food stamp program appropriations through FY 1989. Subtitle B: Child Nutrition Programs - Amends the National School Lunch Act to permit certain private nonprofit agencies to participate in the children's summer food service program. Amends the Child Nutrition Act of 1966 to increase the school breakfast program subsidy by six cents per meal. Requires the Secretary to review and revise the nutrition requirements for such meals. Subtitle C: Food Distribution Program - Amends the Agriculture and Consumer Protection Act of 1973 to extend the commodity supplemental food program through FY 1989. Amends the Temporary Emergency Food Assistance Act of 1983 to extend the temporary emergency food assistance program through 1989. Subtitle D: Effective Date - Makes the provisions of this title effective upon enactment, unless otherwise provided for.
United States · United States Congress · 6 May 1985
Gifted and Talented Children's Education Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to add this Act as part A (Gifted and Talented Children) of title IX (Additional Programs) of ESEA. Authorizes appropriations for FY 1986 through 1990 for programs for gifted and talented children. Directs the Secretary of Education to reserve a specified portion of such funds for discretionary programs. Requires that the remainder of such appropriations be available for State programs. Sets forth provisions for State programs. Directs the Secretary to make grants to State educational agencies (SEAs) for the Federal share of the costs of planning, developing, operating, and improving programs to meet the educational needs of gifted and talented children at the preschool, elementary, and secondary levels. Permits such programs to include: (1) inservice training of personnel to teach such children; (2) demonstration programs designed to develop special techniques for teaching such children, and assessments of such programs; and (3) State leadership programs to assist in extending programs for such children throughout the State. Directs the Secretary to allot such funds in accordance with specified provisions. Requires SEA applications for such grants to contain specified assurances, including the assurance that appropriate consideration will be given to the particular educational needs of disadvantaged gifted and talented children. Prohibits an SEA from reserving more than ten percent of grant funds for program administration, technical assistance, coordination, and statewide planning. Requires an SEA to distribute, on a competitive basis, at least 90 percent of grant funds to local educational agencies (LEAs) which apply, with due regard for the quality of the proposed activities. Requires an SEA to use at least 50 percent of grant funds for programs and projects which include a component for the identification and education of disadvantaged gifted and talented children from low-income families. Permits use of grant funds for instructional equipment only if such equipment will enhance the program or project. Prohibits SEA approval of an LEA application unless the needs of children in nonprofit private elementary and secondary schools have been taken into account. Requires the SEA to provide technical assistance for proposals and programs of LEAs which are unable to compete due to smaller size or lack of financial resources. Requires that an opportunity for a hearing be afforded before the Secretary may disapprove an application which does not meet specified requirements. Sets forth provisions for discretionary programs relating to education of gifted and talented children. Authorizes the Secretary, from amounts reserved for discretionary programs, to pay the Federal share of the costs of grants or contracts to SEAs, LEAs, institutions of higher education, and other public or private organizations for: (1) leadership training of personnel engaged in the education of gifted and talented children; (2) an information clearinghouse; and (3) research, evaluation, and related activities. Sets forth application requirements for discretionary program grants and contracts. Applies specified ESEA requirements relating to private school pupil and teacher participation in such discretionary programs, unless such requirements cannot be legally met in the State. Sets forth provisions for State allotments of appropriations for programs for gifted and talented children. Directs the Secretary to allot up to one percent of such appropriations, in accordance with their respective needs, among: (1) Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands; (2) programs in schools operated for Indian children by the Department of the Interior; and (3) programs in overseas dependent schools of the Department of Defense. Directs the Secretary to allot the remainder among applicant States on the basis of numbers of children aged five through 17, with a $50,000 minimum allotment to each State. Sets forth provisions for reallotment of any State allotment exceeding the amount a State needs and will be able to use in a fiscal year. Directs the Secretary to designate an administrative unit within the Office of Education to administer and coordinate programs for gifted and talented children and youth. Provides that any Indian tribe or Hawaiian organization which operates schools for its children shall be deemed an LEA for purposes of this Act. Makes the Federal share for any fiscal year 90 percent, but 100 percent for programs and projects involving participation of private school students.
United States · United States Congress · 6 May 1985
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 · 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
Amends the Rail Passenger Service Act to authorize appropriations for the National Railroad Passenger Corporation (Amtrak) for FY 1986 and 1987. Establishes the National Railroad Passenger Corporation Financial Status Commission (the Commission) to study the financial performance of Amtrak, including its short-term and long-term capital needs, and alternative funding mechanisms. Requires the Commission to report to the Congress by a specified date regarding its findings and recommendations for legislation. Authorizes appropriations for FY 1986.
United States · United States Congress · 29 April 1985
Authorizes the Inspector General of the Department of Defense to suspend payments under a contract with the Department of Defense, or revise the schedule for payments under such a contract if the Inspector General determines that: (1) based on audits there have been excessive charges; and (2) other remedies available by law and under the contract are insufficient to eliminate promptly waste, fraud, and abuse with respect to the contract. Allows the Secretary of Defense, in the interest of national security, to overrule such an action by the Inspector General. Requires the Secretary to report to specified committees of the Congress on the reasons for overruling such action.
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
Defines a "family farmer" for purposes of Federal bankruptcy law as any person (other than a corporation) owning a farm, at least 80 percent of whose debts arise out of such farming operation. Allows a family farmer with a regular annual income and with total secured and unsecured debts of less than $1,000,000 to qualify as a debtor under bankruptcy provisions providing for the adjustment of debts of an individual with regular income (personal bankruptcy provisions). Provides that involuntary bankruptcy cases may not be commenced against family farmers. Extends by 120 days the periods following the order for relief during which only a debtor may file a reorganization plan and after which any party in interest may file a reorganization plan in the case of a debtor who is a farmer. Revises the compensation of a trustee appointed to a personal bankruptcy case where the debtor is a family farmer to a percentage fee not exceeding the sum of up to ten percent of the aggregate payments up to $450,000 under the plan of such debtor plus three percent of the aggregate amount of payments exceeding $450,000, based on the maximum annual compensation and the actual necessary expenses incurred by the trustee. Prohibits a court from converting a reorganization case to a liquidation case, or a personal bankruptcy case to a reorganization or liquidation case, if the debtor is a family farmer. Allows a plan filed in a personal bankruptcy case to modify the rights of holders of claims secured only by a security interest in real property which is a family farmer's principal residence and which such family farmer uses for farming operations. Extends from five to seven years the maximum period over which payments may be made under such a plan in the case of a debtor who is a family farmer. Requires a court, at the timely request of such a debtor, to hold a hearing to determine from the facts and circumstances of the debtor and the case a reasonable time after such a plan is filed within which the debtor shall begin making such payments.
United States · United States Congress · 24 April 1985
Designates November 30, 1985, as National Mark Twain Day.
United States · United States Congress · 24 April 1985
Space Weapons Treaty Act - Urges the President to seek the negotiation of: (1) a treaty between the United States and the Soviet Union with respect to mutual and verifiable limitations on the testing, production, deployment, and use of space directed or space based weapons systems; and (2) an agreement with the Soviet Union for a moratorium on the testing of anti-satellite weapons. Directs the President to reaffirm the U.S. commitment to the 1972 Anti-Ballistic Missile Treaty.
United States · United States Congress · 24 April 1985
Establishes in the legislative branch of the Government the Perot Commission on Americans Missing in Southeast Asia to conduct an investigation and report to the Congress its findings with respect to the existence and the release of prisoners of war in Southeast Asia. Sets forth specified administrative procedures and powers of the Commission. Requires the Commission to terminate 30 days after the filing of its report to the Congress or on January 3, 1987, whichever occurs first.
United States · United States Congress · 23 April 1985
Authorizes the President, on behalf of the Congress, to present a gold medal honoring George Gershwin to his sister, Frances Gershwin Godowsky, and a gold medal honoring Ira Gershwin to his widow, Lenore Gershwin. Directs the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 22 April 1985
See digest of H.R. 2154.
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
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 · 4 April 1985
Superfund Expansion and Protection Act of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)(Superfund) to include among hazardous substances subject to such Act any petroleum released from an underground storage tank. Includes pollutants and contaminants under Superfund, defining them as any substance which after release into the environment causes disease or abnormalities upon exposure or assimilation, either directly or through the food chain. Excludes petroleum and natural gas except as otherwise indicated under such Act. Redefines "release" to include the abandonment of containers containing hazardous substances or pollutants or contaminants. Requires the President to consider long-range effects when evaluating the cost-effectiveness of offsite remedial actions. Directs the Administrator of the Environmental Protection Agency to establish reportable quantities for all noncarcinogenic hazardous substances within six months of this Act's enactment and all other hazardous substances by November 1, 1986. Requires the Administrator to conduct periodic audits of reported releases and report to the Congress at least annually on such audits. Increases criminal penalties for failure to notify the Federal Governmentu of a hazardous substance release. Authorizes the Administrator to undertake any response action when faced with a release or threatened release of a hazardous substance unless the Administrator determines the responsible party will take appropriate action. Requires the Administrator to assess the health effects associated with such release or potential release. Exempts from liability for the effects of such release any party performing information or engineering services pursuant to an approved response action. Requires a State to pay 50 percent of the cleanup costs only if the State both owned and operated the polluting facility. Credits States with cleanup costs already dispersed as specified. Requires the Administrator to choose remedial actions which are: (1) consistent with the National Contingency Plan (NCP); (2) cost-effective; and (3) permanent whenever possible. Places facilities for which no permanent solution is technologically feasible on an interim National Priorities List (NPL), such list to be reviewed every five years to determine if a permanent solution has become feasible. Eliminates the requirement that pollutant levels be such as to protect human welfare, leaving the requirement that such levels protect human health and the environment. Requires pollutant levels to comply with the other Federal standards applicable. Specifies under what conditions removal actions must comply with the requirements of the Solid Waste Disposal Act. Entitles Federal and State environmental officials to access to the information and premises of any person who generates, treats, or disposes of hazardous substances for purposes of determining the need for a response action. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to prepare toxicological profiles on the most frequently found or threatening hazardous substances. Entitles the public to participate in the selection of a plan for remedial action. Authorizes the Administrator to provide grants for technical assistance to groups which may be affected by a release from a facility on the NPL. Establishes a schedule for the commencement of remedial investigations and feasibility studies for all facilities on the NPL. Provides for the listing of additional facilities at regular intervals. Requires the commencement of remedial actions at a minimum rate of 200 facilities per year by the start of FY 1987. Requires the Administrator to complete preliminary assessments of all facilities on the Emergency and Remedial Response Information System list by the start of 1987. Requires completion of remedial action for facilities currently on the NPL within five years or requires an explanation of nonperformance. Permits individuals to petition the Administrator for a health effects study where hazardous substances have been removed. Permits Federal authorities to provide the Congress with information on such studies and their conduct without administrative clearance or approval. Authorizes the Administrator to: (1) provide alternative water supplies; (2) relocate individuals; and (3) provide medical care if such studies indicate the necessity of such actions. Requires the Administrator to revise the NCP, consistent with these provisions. Permits an individual to petition the Administrator for a preliminary assessment of a release. Includes damage to the food chain and the ambient air among the factors determining a facility or site ranking under the NCP. Authorizes the Administrator to determine whether and how an individual may object to a nonreviewable abatement action. Includes additional Federal cleanup or abatement activities for which a responsible party would be liable. Requires each Federal agency which may be a defendant under this Act to provide its own counsel rather than the Attorney General. Grants Federally-ordered lab tests the presumption of accuracy. Makes liability strict, joint, and several under this Act for damages and costs resulting from the release and cleanup of hazardous substances. Entitles a defendant to prove such damages are divisible and to seek contribution. Authorizes appropriations for FY 1986 through 1990 for the Hazardous Substance Superfund, earmarking specified amounts for the Leaking Underground Storage Tank Account. Repeals the ability of any party to recover for damages to natural resources caused by a release. Requires an annual audit of the conduct of Superfund, including comparative reports of actions taken in earlier fiscal years. Establishes a statute of limitations of six years after the completion of the response action, regardless of the date of discovery of the loss. Permits a State to require contributions for response costs compensated under this Act. Title II: Federal Cause of Action - Entitles individuals injured by the disposal of a hazardous substance to recover damages from the responsible parties who will be held strictly, jointly, and severally liable. Entitles such individuals to compensation for expenses related to personal injury, economic injury, and limited pain and suffering. States that this Federal cause of action does not preempt State law regarding liability for damages in connection with any hazardous substance. Establishes a three year statute of limitations, running from the date of knowledge of the injury or the date of enactment of this Act. Prohibits dual recovery through worker's compensation or actions filed in a State court and this Act. Permits additional recovery against the source of the disposal for later manifested injuries. Title III: Miscellaneous Provisions - Permits citizen action lawsuits against any party, including the Federal Government, involved with hazardous substances in such a way as may present an imminent and substantial danger to health or the environment or against the President for failure to perform a required duty. Requires potential plaintiffs to give 60 days notice to the appropriate Federal and State officials as well as the alleged violator before commencing an action. Prohibits such action if the Administrator or the State has commenced and is prosecuting a court action already or a settlement has been reached. Permits intervention, as a matter of right. Prohibits citizen actions for the siting or issuance of permit to a hazardous waste disposal facility. Authorizes the Federal district court to award costs to any substantially prevailing party. Permits EPA intervention as a matter of right. Includes the disposal of a pollutant or contaminant under CERCLA only as specified. Directs the Administrator to commence the drilling fluids study required by the Solid Waste Disposal Act within six months of this Act's enactment. Directs the Administrator to select ten to 20 areas to establish and operate for three to five years a victim assistance demonstration program for individuals injured through exposure to hazardous substances. Sets forth application and program criteria and conditions for such grants. Requires such programs to include group insurance benefits for medical treatment and disability. Requires the President to report annually to the Congress on the effectiveness of these programs. Requires participating States to report on such as well. Title IV: Community Right to Know and Emergency Planning - Amends the Toxic Substances Control Act by adding a new title II concerning the communities' right-to-know, emergency planning, and liability. Requires each covered manufacturer, distributor, user, and importer of a covered hazardous substance (potential release) to prepare and update a fact sheet for such substance for distribution to local police, fire, and health officials. Requires the fact sheet to include the name, physical properties of, and hazards posed by the substance, including potential routes of human exposure to such substance, symptoms of such exposure, and appropriate emergency and first aid procedures. Requires status sheets on the same basis as fact sheets, with each status sheet to include the maximum inventory and method of storage of the substance, the quantity of its emission into the environment, and the quantity and method for disposal. Requires the releasor of a covered hazardous substance in an emergency situation to provide an emergency bulletin to the State and local police and other local officials. Requires the bulletin to identify the name and amount of the substance released and the response actions taken. Requires fact and status sheets and emergency bulletins to be made available for public inspection with public notice of such availability at the facility of the potential releasor. Requires the Administrator of the Environmental Protection Agency to publish a uniform format for fact and status sheets. Authorizes a State's Governor to identify local officials to receive covered hazardous substance release information, with the Administrator doing so in the absence of the Governor's identification. Requires the potential releasors to maintain records of information required by this Act. Requires manufacturers or importers to transmit fact sheets to covered distributors or users upon shipping of a covered hazardous substance. Excludes certain small businesses and research, medical, and household uses from coverage under this Act. Provides protection for trade secrets while continuing to make necessary information available to the appropriate persons. Excludes listed or possible carcinogens from such protection. Sets forth application and substantiation procedures for trade secret claims. Permits affected citizens or government officials to compel disclosure of nonsubstantiated trade secrets through the Federal courts. Authorizes the Administrator to grant exemptions from the basic notification requirements of this Act through specified procedures open to the public, based upon a cost-benefits analysis where there is no reasonable likelihood of harm. Directs each covered major manufacturer to develop within two years of enactment of this Act a comprehensive evacuation and emergency response plan which addresses the health and safety issues applicable to such manufacturer's particular situation. Requires the plan to include designations of the appropriate government officials to be notified, mitigation measures, evacuation routes, notification plans, and evaluation of community support services. Authorizes each Governor to designate emergency response districts within 18 months of enactment of this Act or the Administrator will do so. Permits each Governor to appoint an Emergency Response Committee per district or the Administrator will be treated as such Committee. Requires such Committees to review the manufacturers' plans, revising them where necessary. Directs the Administrator within 18 months of enactment of this Act to develop uniform national mandatory labeling requirements for pipes, storage tanks, or containers not otherwise required to be labeled which would reasonably be presumed to release a covered hazardous substance. Requires the label to indicate the appropriate response to a release. Directs the Administrator to designate covered major manufacturers for emergency response purposes within one year of enactment of this Act. Limits the designation to those whose substances would pose an imminent and substantial danger to health and the environment if released in significant quantities. Includes all persons covered under this Act in lieu of such designations. Includes Federal departments as potential covered major manufacturers. Exempts those whose emergency activities are sufficiently covered under other Federal or State law. Renders the manufacturer or processor strictly liable for damages caused by accidental or abnormal releases, excluding act of God or war. Covers medical, burial, and economic losses as well as pain and suffering (to a limited extent). Includes specified analysis and scientific evidence and studies among the evidence which may be introduced to establish causation. Establishes a three-year statute of limitations from the date of enactment or the date of realization of injury for causes of action for injury from the release of a covered hazardous substance, whichever is later. Provides that this Act does not preempt State or other law in the area of liability for damages. Requires entitled individuals to receive compensation for injuries sustained from a hazardous substance release from workers' compensation rather than under this Act. Sets forth categories of substances to be considered covered hazardous substances and procedures for adding additional substances. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to compile and update a digest of all such substances. Exempts certain substances for this Act's purposes, based upon the form, amount, and other regulation of such substances. Establishes civil and criminal penalties, limiting criminal penalties to the knowing violation of emergency requirements. Authorizes citizens' suits to enforce this Act. Permits States to adopt more stringent right-to-know standards in the workplace context and emergency response requirements. Permits State and local governments to impose fees upon potential releasors to cover administrative costs. Title V: Amendments of the Internal Revenue Code to 1954 - Superfund Revenue Act of 1985 - Amends the Internal Revenue Code to increase and extend through FY 1990 the environmental excise taxes on petroleum and specified chemicals. Includes an inflation adjustment for computing the tax on chemicals. Exempts exported chemicals from tax liability. Adjusts special rules for certain chemicals. Imposes a waste end tax on: (1) the receipt of hazardous waste at a qualified hazardous waste management unit; (2) the ocean dumping of such waste; and (3) the export of such waste. Sets increasing, per-ton tax rates on the disposal of such wastes. Sets forth reporting requirements and penalties for violations. Establishes in the Treasury the Hazardous Substance Response Trust Fund. Establishes within Superfund a separate Leaking Underground Storage Tank Account. Directs the Secretary of the Treasury to study the economic impact of the environmental taxes on specified chemicals and report to the Congress on the results by April 1, 1986.
United States · United States Congress · 4 April 1985
Amends the Internal Revenue Code to provide that the extent of faculty supervision or participation with respect to the performance of teaching, research, or other services by individuals who are candidates for a degree shall not be relevant in determining whether such activities are required as a condition for receiving a degree for purposes of excluding amounts received for such services from gross income pursuant to provisions allowing a tax exclusion for scholarship and fellowship grants. Provides that all degree candidates do not have to perform substantially identical activities with respect to teaching, research, or other services for such activities to be found to be a condition for receiving a degree.
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
Designates the week of May 18 through May 24, 1985, as National Food Bank Week.
United States · United States Congress · 3 April 1985
Directs the Administrator of Veterans Affairs to establish a program to assist State governments in funding State established veterans' services programs which assist veterans with their benefits. Sets forth grant application procedures, including a description of the State plan for coordination of a State veterans' services assistance program with the programs of local veterans' service organizations. Requires a State plan to show that the delivery of services will be managed at the local level and that a State will increase the amount of matching funds it provides in each fiscal year through the third fiscal year of the grant. Directs the Administrator to prescribe regulations to evaluate grant applications. Authorizes appropriations for FY 1986 through 1988.
United States · United States Congress · 3 April 1985
Designates the week of June 23 through June 29, 1985, as Helen Keller Deaf-Blind Awareness Week.
United States · United States Congress · 2 April 1985
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate the benefit disparity between those born before 1916 and those born after 1916 which was effected by the enactment of the Social Security Amendments of 1977. Directs the Secretary of Health and Human Services to recompute the primary insurance amount so as to take into account the amendments made by this Act and to pay to any individual so entitled any additional lump sum amount to which such individual is entitled by reason of this Act. Prohibits the recomputation from reducing any individual's benefit.
United States · United States Congress · 2 April 1985
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.