United States · United States Congress · 17 July 1985
Establishes a presumption of service-connection for disability purposes for former prisoners of war suffering from the following conditions, manifest to a degree of ten percent or more after active service: (1) chronic liver disease; (2) organic residuals of hypothermia; (3) gastro-intestinal disorders; (4) arthritis; (5) cardiovascular conditions; (6) peripheral neuropathy; (7) immunological dysfunctions; or (8) chronic pulmonary disease. Decreases from six months to 30 days the amount of time a former prisoner of war must have been incarcerated to be eligible for outpatient dental services.
United States · United States Congress · 15 July 1985
Civil Rights Amendments Act of 1985 - Amends the Civil Rights Act of 1964 to prohibit discrimination on the basis of affectional or sexual orientation. Provides that this Act shall not be construed to permit a finding of discrimination based on statistical differences or the fashioning of any remedy requiring a quota. States that nothing in this Act shall be construed to require any person to disclose a personal sexual orientation.
United States · United States Congress · 15 July 1985
Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to eligible State and local governments to support projects for education and information dissemination concerning Acquired Immune Deficiency Syndrome (AIDS). Specifies eligibility requirements for State and local governments. Sets forth application requirements. Requires State and local governments which receive such grants to submit an annual report to the Secretary. Requires the Secretary to transmit a summary of such reports to the Congress annually. Authorizes appropriations for FY 1986 through 1988. Directs the Secretary to make grants to State and local governments to establish programs to test blood to detect the presence of antibodies to the human T-cell lymphotrophic virus (HTLV-III virus). Allows such grants to be used to: (1) conduct blood tests; (2) purchase materials and kits for such tests; (3) provide training for personnel who will conduct such tests; and (4) process the results of such tests. Sets forth application requirements. Requires State and local governments which receive such grants to submit an annual report to the Secretary. Requires the Secretary to transmit a summary of such reports to the Congress annually. Authorizes appropriation for FY 1986.
United States · United States Congress · 11 July 1985
Amends the Clean Air Act to modify the requirements for stack height for sources of not well controlled emissions of air pollutants. Includes among dispersion methods any other measure which disperses pollutants at ground level measuring points.
United States · United States Congress · 11 July 1985
Calls on the Soviet Union to: (1) release Anatoly Shcharansky, Yosef Begun, and other Prisoners of Conscience and allow them to leave the Soviet Union; (2) issue exit permits to long term "Refuseniks" including Ida Nudel and Vladimir Slepak; and (3) allow thousands of Jews who have requested such permits to leave.
United States · United States Congress · 27 June 1985
Blackstone River Valley National Heritage Corridor Act of 1985 - Establishes the Blackstone River Valley National Heritage Corridor in Rhode Island and Massachusetts, cradle of the American industrial revolution. Establishes the Blackstone River Valley National Heritage Corridor Commission to hold hearings and acquire real property within the designated Corridor by gift or purchase with private money from a willing seller. Directs the Commission to develop a Cultural Heritage Plan for the Corridor which sets its boundaries, inventories the historically significant property to be maintained, establishes standards, and develops an historic interpretation plan. Requires the Commission to implement the Plan, granting priority to preserving the Blackstone Canal, providing information for visitors, and encouraging private and intergovernmental cooperation in building restoration and appropriate land use. Terminates the Commission in five years unless extended for an additional five years. Requires the Secretary of the Interior to help prepare the Plan and appropriate visitor information and displays, providing technical assistance to the Commission if requested. Requires the cooperation of other Federal agencies. Authorizes appropriations.
United States · United States Congress · 27 June 1985
Designates the period October 1 through September 30, 1986, as the time to reflect on the achievements of the Peace Corps during its 25 years, and on ways such programs might be used in the future. Authorizes and requests the President to proclaim this period as a time to honor Peace Corps volunteers and reaffirm our commitment to such programs.
United States · United States Congress · 27 June 1985
Declares that the Senate agrees to cooperate with the Jacob K. Javits Senate Fellowship Program. Directs the Senate to provide assistance as may be necessary for the success of this fellowship program.
United States · United States Congress · 26 June 1985
Amends the Federal criminal code with regard to the ban on mailing dangerous items to include martial arts weapons within the prohibition. Prohibits mail-order sales to States which have banned the manufacturing, selling, carrying, and possession of such weapons. Authorizes the Postal Service to prescribe regulations for mailing otherwise nonmailable martial arts weapons to certain military, State, or municipal procurement officers or employees, as well as certain bona fide manufacturers or dealers. Exempts knives, swords, and other ceremonial or collector weapons that are otherwise mailable under this section.
United States · United States Congress · 26 June 1985
Directs the Secretary of Health and Human Services to: (1) conduct a study for the purpose of determining tolerable State error rates under the Aid to Families with Dependent Children Program (part A of title IV of the Social Security Act); and (2) contract with the National Academy of Sciences to conduct a concurrent study. Sets forth reporting requirements. Sets the AFDC error rate at four percent (currently three percent). Authorizes the Secretary of Health and Human Services to waive all or any part of any sanction that would otherwise be imposed upon a State if the State is unable to reach the allowable error rate despite a good faith effort. Permits a State to request such a waiver upon a showing that: (1) it has made a good faith effort to reduce erroneous payments; or (2) its error rate was determined incorrectly and should be lower. Permits a State to appeal the Secretary's denial of a waiver. Provides for a moratorium on reducing payments for excess errors. States that it is the intent of the Congress to revise such moratorium at a time after the reports required by this Act have been submitted. Provides for incentive payments to States with error rates under four percent, but not until the moratorium is lifted. Provides that when determining a State's error rate: (1) the rate shall be fixed at the lower bound of the standard interval for errors within which the State's true error rate falls; and (2) errors which are technical in nature or have no fiscal impact shall be disregarded.
United States · United States Congress · 26 June 1985
Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance to support small-scale agricultural projects in Africa, technical assistance for such projects, and research on such projects. Directs the President to place special emphasis on grants to international and African non-governmental organizations and to U.S. private and voluntary organizations for such projects. Requires the Director of the Administrator of the Agency for International Development (AID) and the Director of the Peace Corps to: (1) assess the opportunities for their agencies to support such projects in Africa; and (2) place a high priority on providing such support. Sets forth requirements for the use of funds made available for such projects. Requires the annual report to the Congress on foreign aid programs to include a report on the implementation of this Act. Directs the Administrator of AID to study and report to the Congress within five years of enactment of this Act on the projects funded pursuant to this Act and their effectiveness in preventing famine. Authorizes appropriations for FY 1986 to carry out this Act.
United States · United States Congress · 26 June 1985
Consumer Products Energy Efficiency Amendments of 1985 - Amends the Energy Policy and Conservation Act to provide that the labeling rules regarding consumer product energy efficiency standards shall require disclosure of such standards at the point of sale and in any advertising of the product. Directs the Secretary of Energy (the Secretary) to: (1) publish and make available comparative guides of the energy efficiency and annual operating cost of certain consumer products; (2) prescribe an energy efficiency standard for certain consumer products; and (3) include in the Secretary's annual report on consumer product energy efficiency standards the percentage of covered products or components which are imported. Requires the Secretary, before determining whether a standard is economically justified, to weigh its effect on domestic production, reduction of unemployment, electric utilities, and the human environment. Authorizes the Secretary to prescribe an energy efficiency standard for certain consumer products if it is determined that improvement of 20 percent or more is feasible. Delineates the criteria to be considered by the Secretary in determining whether a performance-related feature justifies the establishment of either a higher or a lower energy efficiency standard. Directs the Secretary to: (1) issue energy efficiency improvement guidelines for each of the following five years if no standard for a covered consumer product is prescribed; (2) monitor the improvements in efficiency; and (3) prescribe an energy efficiency standard whenever a certain type of consumer product type fails for three consecutive years to achieve at least half of the improvement under such guideline.
United States · United States Congress · 24 June 1985
Medicare Solvency and Health Care Financing Reform Act of 1985 - Adds a new title XXI to the Public Health Service Act entitled "Programs for Reforming the Health Care Financing System." Sets forth part A of such title entitled "State Health Care Programs." Provides that if a State transmits to the Secretary of Health and Human Services, within one year of the enactment of this Act, a statement that the State intends to submit a health care plan (described below), for purposes of making payments to the State under title XIX (Medicaid) of the Social Security Act the Federal medical assistance percentage shall be 102 percent of such percentage as otherwise determined under Medicaid for such State for up to one year. Directs the Secretary to exempt hospitals in a State from the prospective payment limits established under this Act for certain time periods occurring during the first year of the transition period (defined in part C of title XXI as the 24-month period beginning January 1986) if: (1) the State requests such treatment; (2) the State indicates an intention to have implemented a State plan under title XXI which will provide for a recoupment of any revenues received in excess of the amounts permitted under part A; and (3) the State has agreed, with respect to such hospitals, that if a State plan under this Act is not implemented by the end of the first year of the transition period, then the Secretary shall provide for such adjustment in the prospective payment limits under part I of part B as will provide for recoupment in the subsequent year of any revenues received in excess of amounts permitted. Authorizes a State to apply to the Secretary for the approval of a health care plan for the State for an initial period of up to three years, subject to disapproval. Authorizes extensions of such initial period for up to two additional years. Provides that, for any one-year period, in the case of any State with an approved plan: (1) the transitional period provisions of subpart I of part B of title XXI shall not apply; (2) requirements for reimbursement (other than those relating to beneficiary cost sharing) under title XVIII (Medicare) of the Social Security Act shall be waived; and (3) for purposes of making payments to a State under Medicaid the Federal medical assistance percentage shall, for the year the plan is in effect, be 103 percent (or 104 percent in the case of an unrestricted Medicaid plan) of the amount of the Federal medical assistance percentage otherwise determined under Medicaid and 102 percent (or 103 percent in the case of an unrestricted Medicaid plan) for any subsequent year (except for any extension period) of the amount of the Federal medical assistance percentage otherwise determined. Defines "unrestricted Medicaid plan" as a State Medicaid plan which does not impose any limitation on the scope or duration of inpatient hospital services other than requiring that such services be medically necessary. Directs the Secretary to annually review each approved plan. Requires the continued approval, for a certain time, of a plan not in compliance, if the State certifies that it will comply within a stated time period. Permits a further extension of approval if there is a trend towards compliance. Provides for the establishment of a Federal program with respect to hospitals for a State which cannot comply. Requires a State plan, in order to be approved, to meet the general requirements set forth below and, if applicable, certain requirements relating to rate setting plans. Permits a plan, in meeting the general requirements, to be designed in a manner that meets such requirements through a rate setting system, a voluntary system, or through the use of competitive mechanisms. Requires a plan to be designed in a manner so as to provide, to the satisfaction of the Secretary, that: (1) the amount of the total revenues per discharge for all hospitals in the State for each year beginning before 1987 in which the plan is in effect may not exceed the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor; and (2) the amount of the total revenues per discharge for all services furnished to hospital inpatients for all hospitals in the State for each year beginning after 1986 in which the plan is in effect may not exceed the sum of the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor, plus the base physician-related hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the plan is in effect and provided for a limitation under this clause (2), and the population-discharge factor. Authorizes a State, at its option, to apply the test specified in clause (2) instead of the test specified in clause (1) with respect to years prior to 1986. Permits a plan, instead of meeting the above requirements, to meet such other alternative test of constraint of health care costs as the Secretary determines will not result in a greater expenditure of funds under title XVIII (Medicare) of the Social Security Act and by private payers than would have been made if the plan met the above requirements. Requires a plan to be designed so as to provide that the amount of revenues for inpatient hospital services and physicians' services to hospital inpatients and individuals entitled to benefits under parts A (Hospital Insurance) and B (Supplementary Medical Insurance) of title XVIII of the Social Security Act may not exceed the amount which would otherwise be payable (including copayments and deductibles) for such services under title XVIII. Permits a plan (other than a plan providing for the establishment of rates of hospital reimbursement for hospital inpatient services) to provide that payment under title XVIII for inpatient hospital services and for other services furnished to hospital inpatients shall continue to be made in the amounts and in the manner otherwise provided under Medicare. Requires that the unreimbursed costs incurred by hospitals in providing services to low-income, uninsured or underinsured patients (other than Medicare or Medicaid patients) be paid pursuant to a plan in an amount which must, in the aggregate, be the same proportion of total revenues as such unreimbursed costs are of total costs of patients who are neither Medicare nor Medicaid patients. Provides that such unreimbursed costs shall be paid through distribution of funds pooled at the statewide level, through a higher payment rate, or through another method approved by the Secretary. Requires a plan to have a mechanism for providing fair hearings for hospitals and any other entities aggrieved by determinations made under the plan. Requires a State to provide for the appointment of a panel, consisting of members with expertise in health care economics and service delivery, to advise in the development and implementation of its plan, periodically review and propose modifications to the plan, and establish the methodology for establishing the percentage limit used to compute hospital revenues. Requires such methodology to include the use of appropriate external price indicators, the use of data from major collective-bargaining agreements for nonsupervisory hospital employees, and other appropriate indicators of wage costs. Requires the methodology to be approved by the Secretary. Requires a plan, to the extent that it provides for meeting plan requirements through a system which provides for the establishment of rates for hospital reimbursement for hospital inpatient services by an entity other than the hospital, to meet the following additional requirements: (1) except as provided in clause (2), the plan must provide equitable treatment of all entities that pay for health services covered under the plan, of hospital employees, and of patients; (2) if the plan is established under State law, the plan must take into account the proportion of costs associated with, and services covered by, the different payors, including Medicare and Medicaid, and may not permit undue shifting of proportions of costs among the different payors; (3) the plan may not make available any discount in price to any purchaser unless the discount accurately reflects economic benefits to a hospital resulting from a service arrangement with a purchaser and the discount is made available to all other purchasers who can satisfy such service; and (4) the plan must provide a procedure whereby, upon the request of a hospital, an adjustment can be considered to the rate limitation applicable under the plan to that hospital to reflect a significant change in the inpatient hospital services, increased costs for the compensation of employees, funds necessary to provide for the efficient operation of a hospital which the State has determined should remain in operation, and higher expenses associated with a regional tertiary care institution, teaching hospital, or children's hospital. Directs the Secretary, in reviewing a plan which provides for control of hospital inpatient costs through a competitive mechanism, to take into account the degree to which the plan provides for the following or other measures to improve price competition among providers: (1) the plan provides for open enrollment periods; (2) the plan provides for the dissemination of information concerning different health benefits plans; (3) the plan encourages innovation and public incentives to new forms of health care delivery and financing; (4) there are negotiated prices and risk-sharing between insurers and health care providers; and (5) the laws of the State do not impose legal barriers to competition in negotiated and other arrangements among insurers and health care providers. Sets forth part B of title XXI entitled "Residual Federal Program, subpart I, Transition Period." Provides that, subject to the provisions of subpart I, for any accounting period of a hospital subject to subpart I, the total revenues for inpatient hospital services may not exceed the total of such revenues that are permitted on the basis of prospective payment limits established under subpart I for the hospital's discharges as classified by diagnosis-related groups. Requires each hospital subject to a limitation on revenues under subpart I to provide for the publication of a price list which establishes the price per discharge which any payor may pay for inpatient hospital services. Requires a hospital to submit its price list to the Secretary. Directs the Secretary to determine (for each accounting period) a prospective payment limit for inpatient hospital services for discharges classified by diagnosis-related groups. Sets forth the method for determining and adjusting the limit for each hospital for discharges. Authorizes the Secretary, at the request of a hospital, to increase the allowable revenues for an accounting period or provide for an increase in the base number of discharges otherwise permitted under subpart I to allow for higher revenues than would otherwise be permitted if: (1) a major renovation or replacement of physical plant or significant change in the capacity of the hospital has occurred; (2) the hospital is a sole community provider or provides a disproportionate percentage of its services to low-income or Medicare patients, the hospital would otherwise be insolvent, and the State has determined that the hospital should remain open; (3) a larger revenue increase is needed because the hospital is a regional tertiary care institution, teaching hospital, or children's hospital; and (4) there has been a significant change in the characteristics of the hospital's mix of patients. Subjects a hospital which has total inpatient revenues for an accounting period in excess of its applicable limit to a civil penalty, unless the excess is deposited in an escrow account. Permits withdrawals from the account upon the Secretary's certification that the total inpatient revenues of a hospital for an accounting period fall below the applicable limit for that period. Establishes a civil penalty for a physician or other person or entity (other than a hospital) who has charged any person or entity for services which are required by law to be billed to a hospital. Sets forth provisions relating to notice, opportunity for a hearing, and appeal of such penalties. Prohibits a hospital from engaging in an admission practice that results in: (1) a refusal to admit a patient who is unable to pay for inpatient hospital services; (2) the refusal to admit a patient who would be expected to require unusually costly or prolonged treatment; or (3) the refusal to provide emergency services to any person in need of such services. Sets forth penalties, including exclusion from Medicare or Medicaid participation, for hospitals committing such admissions violations. Sets forth subpart II of Part B entitled "Post-Transition Period." Provides that in the case of a State not having a plan approved under part A and in effect for any period beginning after the transition period, the Secretary shall establish and implement a health care plan for such State for such period which meets the requirements of part A, with specified differences. Sets forth definitions under part C of title XXI. Establishes an Advisory Committee on Health Care Technologies and Procedures. Directs the Advisory Committee to examine the appropriateness of the various interventions and the conditions under which they are needed, the safety and efficacy of alternative therapeutic and preventive regimens, and the standards for availability and utilization of various technologies, and to publicly report on whether or not payments should be made for such services and, if so, under what conditions and frequency of service. Exempts individuals enrolled in health maintenance organizations and competitive medical plans from the limits established under title XXI on revenues and discharge of a hospital if: (1) the organization elects such treatment; or (2) the organization annually pays for more than 20 percent of the number of bed-days of care with respect to that hospital. Amends provisions of the Public Health Service Act relating to employees' health benefits plans to provide that if an employer makes a contribution with respect to the costs of a health benefits plan of an employee and the employer offers the option of membership in a health maintenance organization or a competitive medical plan, which membership provides benefits at least actuarially equivalent to those provided under the other health benefits plan, the employer shall: (1) contribute at least as much towards the membership as the maximum amount of the employer's contribution to the other plan; (2) provide for a cash rebate if the contribution with respect to any other health benefits plan exceeds the cost of membership with the organization; and (3) provide information to employees that reasonably compares the benefits and costs of different plans. Exempts from the provisions of the previous sentence employees of an employer represented by a collective bargaining representative or other employee representative selected under any law. Amends title XVIII (Medicare) of the Social Security Act, with respect to health maintenance organizations and competitive medical plans, to provide that the annual per capita rate of payment for each class of members shall be 100 percent in the case of individuals enrolled with an eligible organization in an area where at least 30 percent of the individuals eligible to enroll with an organization are enrolled. Amends title XIX (Medicaid) of the Social Security Act to exempt a health maintenance organization which is a public entity from the requirement that at least 75 percent of its membership be Medicaid eligible or insured under part B (Supplementary Medical Insurance) of title XVIII or under both parts A (Hospital Insurance) and B of title XVIII. Directs the Secretary, under the prospective payment provisions of title XVIII of the Social Security Act, to provide that in the case of a State health care plan approved under Part A of title XXI of the Public Health Service Act payments with respect to services covered under title XXI: (1) may, at the State's option, be made in accordance with title XXI rather than Medicare; or (2) shall be made in accordance with title XXI rather than Medicare in the case of a plan which provides for the control of hospital costs through a title XXI rate setting mechanism. Provides for increased Medicare payments to a hospital for its operating costs if the number of admissions for an accounting period exceeds the hospital's admissions during a specified base period. Directs the Secretary to determine a regionally adjusted capital-related prospective payment rate for each inpatient hospital discharge in accordance with a specified formula. Directs the Secretary, for each diagnosis-related group, to estimate the average per discharge amount of charges recognized under part B of title XVIII attributable to items and services furnished to inpatients within such group during 1983. Provides that, subject to the part B deductible and subject to other provisions of the Medicare prospective payment rate provisions, with respect to each individual entitled to benefits under part A and enrolled under part B of title XVIII who is a hospital inpatient and whose discharge is classified within a diagnosis-related group, the Secretary shall provide for payment to the hospital of an amount equal to 80 percent of a specified rate in lieu of payments otherwise made under part B for inpatient services. Requires that: (1) payments for health care services furnished to inpatients be made to or through a hospital as a condition of the hospital's participation in the Medicare payment; and (2) the Secretary provide for notice to the public and to individuals enrolled under part B of title XVIII of the Social Security Act of such requirement. Permits the Federal Hospital Insurance Trust Fund to borrow at any time from other social security trust funds if it can repay the loan within ten years. Provides for the periodic transfer to the Federal Hospital Insurance Trust Fund from the Federal Supplementary Medical Insurance Trust Fund of amounts which the Secretary determines to be equal to a specified fraction of the total revenues of the Federal Supplementary Medical Insurance Trust Fund for each fiscal year. Directs the Secretary to conduct and report to the Congress on seven studies relating to: (1) health care costs, quality, delivery, and services; and (2) the effects of this Act.
United States · United States Congress · 19 June 1985
Institutional Aid Act of 1985 - Amends title III (Institutional Aid) of the Higher Education Act of 1965 (HEA) to revise institutional aid programs, especially in relation to the development needs of historically black colleges and universities and other institutions with large concentrations of minority, low-income students. Includes as eligible institutions, for purposes of the title III part A (Strengthening Institutions) grants program, any institution of higher education which meets specified requirements and which has an enrollment of which at least: (1) 20 percent are Mexican American, Puerto Rican, Cuban, or other Hispanic students, or combination thereof; (2) 60 percent American Indian, Alaska Native, or Aleut, or combination thereof; or (3) five percent Native Hawaiian, American Samoan, Micronesian, Guamian (Chamorro), or Northern Marianan, or any combination thereof. Establishes under title III part B, "Strengthening Historically Black Colleges and Universities" (which replaces the current part B, Aid to Institutions with Special Needs). Defines a "part B institution" as any historically black college or university that was established prior to 1964 and whose principal mission was, and is, the education of black Americans. Sets forth authorized uses for grants allotted to institutions under the part B program. Directs the Secretary of Education (the Secretary) to make allotments to part B institutions according to formulas based on number of: (1) Pell grant recipients; (2) graduates; and (3) graduates in attendance at graduate or professional schools in degree programs in disciplines in which blacks are underrepresented. Sets forth a special rule regarding allotments to Howard University or the University of the District of Columbia. Sets forth provisions for applications for part B grant allotments. Sets forth provisions for part B program grants to professional and graduate institutions. Directs the Secretary, subject to the availability of appropriations for such purpose, to award such grants to each of listed postgraduate institutions that the Secretary determines to be making a substantial contribution to the legal, medical, dental, veterinary, or other graduate education opportunities for black Americans. Prohibits any such grant in excess of $500,000 unless the postgraduate institution assures that 50 percent of the cost of the purposes for which the grant is made will be paid from non-Federal sources. Limits the duration of any such grant to five years. Provides that any one undergraduate or postgraduate institution may receive no more than two such five-year grants. Allows use of such grants for: (1) any of the authorized uses of part B allotment grants; (2) contribution development offices; and (3) institutional endowments. Sets forth application requirements. Provides that independent professional or graduate institutions eligible for such grants include: (1) Morehouse School of Medicine; (2) Meharry Medical School; (3) Charles R. Drew Postgraduate Medical School; (4) Atlanta University; and (5) Tuskegee Institute School of Veterinary Medicine. Sets forth reporting and audit requirements and penalties for misuse of funds. Revises title III part C (Challenge Grants for Institutions Eligible for Assistance Under Part A or Part B) to rename the "endowment grants" under such part "challenge grants." Makes technical and conforming amendments to eligibility requirements under such part. Reduces the maximum amount of any such part C challenge grant for FY 1985 through 1987. (Retains the current maximum for FY 1988 and succeeding fiscal years.) Establishes under title III a new part D, "Reservation for Hispanic, Native American, and Pacific Basin Institutions." (Redesignates the current part D as part E.) Directs the Secretary, from part A appropriations, to make available for use for the purpose of such part the greater of specified amounts or the following portions of such funds: (1) 20 percent for Hispanic institutions; (2) five percent for Native American, Native Alaskan, or Aleut institutions; and (3) five percent for institutions serving Native American Pacific Islanders, including Native Hawaiians residing in the Pacific Basin, including the State of Hawaii. Sets forth authorized uses of such part A funds which are reserved under the new part C. Revises the redesignated part E (General Provisions) under title III. Directs the Secretary to publish in the Federal Register all policies and procedures required to exercise the authority to approve applications for title III assistance. Prohibits any other criteria, policies, or procedure from being applicable for such purpose. Directs the Secretary to: (1) use the most recent and relevant data concerning the number and percentage of students receiving need-based assistance under title IV (Student Assistance) of HEA in making eligibility determinations under part A of title III; and (2) advance the base-year forward following each annual grant cycle. Requires the Secretary to waive specified part A institutional eligibility requirements (involving an institution's having a relatively high percentage of students receiving need-based assistance under title IV of HEA) in the case of an institution which is: (1) extensively subsidized by the State in which it is located and charges low or no tuition; (2) serving a substantial number of low- and middle-income students as a percentage of its total student population; (3) contributing substantially to increasing higher education opportunities for black Americans, Hispanic Americans, Native Americans, Native American Pacific Islanders, including Native Hawaiians, who are low-income individuals; or (4) substantially increasing higher educational opportunities for individuals in rural or other isolated areas unserved by postsecondary institutions. Includes Hispanic, Native American, or Pacific Basin institutions which have been determined eligible under part D (although not satisfying a specified eligibility criterion involving an institution's having relatively low and general expenditures) among those institutions which must be included in an annual report of the Secretary to the Congress. Includes among those reasons for which the Secretary may grant a waiver of specified eligibility requirements (involving an institution's being accredited by a nationally recognized accrediting agency and its being authorized to offer bachelor's or junior or community college degrees) a determination that such waiver will substantially increase higher education opportunities appropriate to the needs of Hispanic Americans or Native American Pacific Islanders, including Native Hawaiians. Directs the Secretary to take care to assure that representatives of historically black colleges, Hispanic institutions, Native American institutions, and Native American Pacific Islanders, including Native Hawaiians, are included as readers on title III application review panels. Revises provisions for grants to encourage cooperative arrangements to include such arrangements between title III aid recipients and institutions not receiving such assistance. Includes benefit to the applicant institutions as a priority criterion in making such grants. Authorizes appropriations for FY 1987 through 1991 for the following title III programs: (1) part A, Strengthening Institutions; (2) part B, Strengthening Historically Black College and Universities (with a separate authorization for part B provisions for Professional and Graduate Institutions); and (3) part C, Challenge Grants for Institutions Eligible for Assistance Under Part A or Part B. Directs the Secretary to make available part A funds for any fiscal year to eligible institutions as follows: (1) at least 30 percent to junior or community colleges; (2) at least 20 percent (or a specified minimum amount, if that is greater) for Hispanic institutions; (3) at least five percent (or a specified minimum amount, if that is greater) for Native American, Alaskan, or Aleut institutions; (4) at least five percent (or a specified minimum amount if that is greater) for Pacific Basin institutions; and (5) the remainder to institutions that plan to award a bachelor's degree during that year.
United States · United States Congress · 13 June 1985
Amends the Immigration and Nationality Act to exempt from the naturalization English language requirement any person who: (1) is at least 65 years old; (2) has lived in the United States for at least five years; and (3) has made diligent efforts to learn English.
United States · United States Congress · 12 June 1985
Primary Care Amendments of 1985 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to prescribe criteria for determining the specific shortages of personal health services of an area or population group. Permits designation of underserved populations not meeting such criteria if recommended by appropriate State or local officials based on unusual local conditions. Prohibits the Secretary from designating a medically underserved population in a State, or terminating an existing designation, without prior consultation with appropriate State officials or organizations. Authorizes the Secretary to enter into memoranda of agreement with States to permit them to: (1) analyze the need for primary health services for medically underserved populations; (2) assist in planning and developing new community health centers (CHCs); (3) review CHC program plans and budgets; (4) assist CHCs in developing clinical practices and fiscal and administrative systems; and (5) share relevant information. Authorizes CHC appropriations for FY 1986 through 1988. Limits expenditures for prepaid CHC services and "non-criteria" medically underserved populations. Replaces the existing primary care block authority with a program of State grants for primary care research, demonstration, and services. Authorizes FY 1986 through 1988 appropriations for: (1) improving access to and delivery of primary health services for medically underserved populations; and (2) reducing costly inpatient and long-term care services, and reducing the incidence of preventable illnesses and premature death. Allocates funds on the basis of the ratio of low-income people residing in a State to the total number of low-income people in all States. Sets forth minimum State and territorial allotments. Provides for direct allotments to Indian tribes or tribal organizations. Permits the carryover of unobligated funds not in excess of 20 percent of a State's total allocation. Authorizes grants to be used for: (1) providing medically underserved populations with primary health services; and (2) research and evaluations of alternative reimbursement systems, new methods of providing services and retaining health professionals, and medical cost reductions. Requires at least 80 percent of allocated funds to be used to provide primary health services. Permits the carryover of unobligated funds not in excess of 20 percent of a State's total allocation. Sets forth application provisions. Authorizes FY 1986 through 1988 appropriations for migrant health centers.
United States · United States Congress · 12 June 1985
Health Professions Training Assistance Act of 1985 - Title I: Authorization of Appropriations - Amends the Public Health Service Act to extend the authorization of appropriations for the following through FY 1988: (1) scholarships for students of exceptional financial need; (2) medical school departments of family medicine; (3) area health education centers; (4) training of physician assistants; (5) training programs in general internal medicine and general pediatrics; (6) training programs in family medicine and general practice of dentistry; (7) educational assistance to individuals from disadvantaged backgrounds; (8) curriculum development and faculty training grants; (9) advanced financial distress assistance (only through FY 1987); (10) graduate programs in health administration; (11) traineeships for students in other graduate programs; (12) public health traineeships; (13) training in preventive medicine; and (14) the Federal loan insurance program. Title II: Program Revisions - Amends the Public Health Service Act to include schools of chiropractic as health professional schools eligible to participate in educational assistance to individuals from disadvantaged backgrounds. Amends the definition of "program for the training of physician assistants" to include training: (1) which would qualify the physician assistants to provide primary health care under the supervision of a physician; and (2) in primary care, disease prevention, health promotion, geriatric medicine, and home health care. Includes colleges and institutions providing additional training in a science related to health care within the definition of "school of allied health." Includes within the definition of "allied health professional" individuals with postbaccalaureate training in a science related to health care. Defines the term "graduate program in clinical psychology" for the purposes of such Act. Makes such a program eligible to participate in educational assistance programs for individuals from disadvantaged backgrounds. Describes the composition of the National Advisory Council on Health Professions Education. Permits the Secretary to use funds appropriated under such Act to provide technical assistance for any authority under such Act. Provides for the recovery of Federal construction assistance under specified circumstances. Requires the owner of a facility which received such assistance to notify the Secretary of the change of circumstances. Provides a formula for determining the recoverable amount. Allows the Secretary to waive recovery for good cause. Requires eligible borrowers under the health education assistance loan program (HEAL) and the health professions student loan program to submit to registration under the Military Selective Service Act. Provides for the repayment of HEAL loans to begin nine to 12 months after the borrower: (1) ceases to be a participant in an accredited internship or residency program of not more than four years in duration; (2) completes the fourth year of an accredited internship or residency program of more than four years in duration; (3) ceases to be a participant in a fellowship training program; or (4) ceases to carry a full-time academic workload. Allows a two year (formerly three year) deferral for service as a full-time volunteer under title I of the Domestic Volunteer Service Act of 1973. Prescribes the method for determining interest on such loans. Makes students seeking a doctor of pharmacy or equivalent degree eligible for health professions student loans. Provides for the repayment of such loans to begin one year after the student ceases to pursue a full-time course of study. Allows deferrals for: (1) up to three years for uniformed service or service under the Peace Corps Act; (2) internships and residencies; and (3) up to two years for full-time educational activity directly related to the health profession for which that individual is preparing. Directs the Secretary of Health and Human Services to promulgate regulations to carry out such Act. Allows a school to assess a charge to cover the costs of insuring against the cancellation of such loans. Allows the school to impose a penalty of up to six percent of the installment payment for the failure to make such payment when due. Authorizes the Secretary to try to collect any loan under such Act which is in default. Directs the school to make specified loan information available to student borrowers. Requires the Secretary to provide the school with notice of the intention to terminate an agreement under such Act. Provides procedures for appealing such terminations. Amends the Internal Revenue Code to permit the disclosure of the mailing address of any taxpayer who has defaulted on a student loan payment. Provides that scholarships for first-year students of exceptional financial need shall include: (1) tuition; (2) reasonable educational expenses; and (3) a stipend of $400 per month. Directs the Secretary to make grants to schools of public health for the support of education programs. Describes the method for determining the amount of such grants. Authorizes appropriations for FY 1986 through 1988 for such grants. Imposes certain eligibility requirements for receiving such grants. Gives priority for family medicine instruction grants to applicants that demonstrate a commitment to family medicine. Directs the Secretary to enter into contracts with schools of medicine and osteopathy for specified programs through area health education centers. Gives priority for grants for training, traineeships, and fellowships in general internal medicine and general pediatrics to applicants that demonstrate a commitment to general internal medicine and general pediatrics in their medical education training programs. Authorizes the Secretary to make grants for the planning, development, and operation of approved advanced educational programs in the general practice of dentistry. Gives priority for such grants to applicants that demonstrate a commitment to family medicine in their medical education training program. Includes public and nonprofit private schools of chiropractic and schools with graduate programs in clinical psychology as eligible to participate in the program of education assistance to individuals from disadvantaged backgrounds. Directs the Secretary to make grants to schools which provide the first or last two years of education leading to the doctor of medicine or osteopathy degree. Authorizes the Secretary to make grants or enter into contracts for the following projects: (1) health promotion and disease prevention; (2) curriculum development; (3) training in health policy and policy analysis; and (4) the development of initiatives for assuring the competence of health professionals. Authorizes the Secretary to make grants and enter into contracts with schools of medicine and osteopathy for projects to: (1) improve the training of health professionals in geriatrics; and (2) establish new affiliations with nursing homes. Authorizes the Secretary to make grants to schools of veterinary medicine for: (1) the development of curricula for training in the care of animals used in research; (2) the provision of such training; and (3) large animal care and research. Allows the Secretary to enter into contracts with schools seeking advanced financial distress assistance that submit a plan to achieve financial solvency within six (previously five) years. Eliminates the following current programs: (1) advanced funding; (2) grants for family medicine, training, traineeships, fellowships, and computer health care demonstrations; (3) education of returning U.S. students from foreign medical schools; (4) occupational health training and education centers; and (5) financial distress grants. Directs the Secretary to include in the report scheduled for October 1, 1987, an analysis of the financial disincentives to graduates of health professions schools which affect the specialty of practice chosen or the decision to practice in an area which lacks an adequate number of health care professionals, and recommendations to correct any such disincentives. Directs the Secretary to conduct a study to determine if health professions schools comply with the Military Selective Service Act. Directs the Secretary to request the National Academy of Sciences to conduct a study regarding the role of allied health personnel in health care delivery. Provides for the recovery of funds paid under the Community Mental Health Act if within 20 years after the completion of the remodeling, construction, or acquisition, the facility is: (1) sold to an entity which would not have been qualified to file an application under such Act; or (2) ceases to be a community mental health center. Describes the method for determining the recoverable amount. Allows the Secretary to waive recovery for good cause.
United States · United States Congress · 12 June 1985
Nurse Education Amendments of 1985 - Amends the Public Health Service Act to reauthorize funds for FY 1986 through 1988 for the nursing special projects programs. Authorizes additional projects that demonstrate: (1) clinical nurse education programs which combine educational curricula and clinical practice; (2) methods to improve access to nursing services in non-institutional settings; and (3) methods to encourage nursing graduates to practice in health manpower shortage areas. Revises the advanced nurse training program to authorize grants and contracts for programs that lead to masters' and doctoral degrees and prepare nurses to serve as nurse educators, administrators, researchers, or to serve in clinical nurse specialties which require advanced education. Authorizes appropriations for such programs for FY 1986 through 1988. Authorizes grants and contracts for schools of nursing and other non-profit entities to meet the costs of programs for the education of nurse practitioners and nurse midwives. Authorizes appropriations for FY 1986 through 1988. Authorizes grants for public and private nonprofit schools of nursing to cover the costs of post-baccalaureate fellowships for faculty in such schools. Authorizes appropriations for FY 1986 through 1987. Extends the authority for traineeships for nurse anesthetists. Provides financial assistance to nurse anesthetist faculty members for advanced education. Authorizes the Secretary of Health and Human Services to attempt to collect any loan made under such Act which is in default. Directs the Secretary to set dates by which schools of nursing must file applications for Federal capital contributions. Describes how such appropriations are to be allotted. Revises the date for the distribution of loan fund assets. Provides for the repayment of a specified portion of the balance of the student loan fund within 90 days after a school terminates its participation in such program. Requires the Secretary to provide a school of nursing with notice specifying the intention to terminate an agreement with such school. Provides procedures for the appeal of such termination. Amends the Internal Revenue Code to permit the disclosure to the Secretary of Health and Human Services of the mailing address of any taxpayer who has defaulted on a loan made under the Public Health Service Act. Repeals specified provisions of such Act dealing with Federal construction grants and assistance. Provides for the recovery of Federal construction assistance where a facility is: (1) sold or transferred to an entity which is not a public or nonprofit school; (2) no longer used for the purpose for which it was constructed; or (3) used for sectarian instruction or as a place for religious worship. Allows the Secretary to waive Federal recovery rights for good cause.
United States · United States Congress · 12 June 1985
National Health Service Corps Amendments of 1985 - Amends the Public Health Service Act to authorize FY 1986 through 1988 appropriations for the National Health Service Corps Program. Authorizes appropriations through FY 1991 for new and continuing National Health Service Corps scholarships. Imposes a $15,000 per student limit for such scholarships during FY 1986. Provides a method for determining the limit for subsequent fiscal years. Prohibits the Secretary of Health and Human Services from removing an area from those determined to be health manpower shortage areas under such Act until interested groups and persons are afforded the opportunity to provide data and information. Provides, with regard to scholarship-obligated service deferrals for advanced clinical training, that the Secretary: (1) shall grant deferrals upon requests for contracts entered into before October 1, 1985; (2) may grant such deferrals for contracts entered into after such date; and (3) shall not count such periods of advanced training toward satisfying the service obligation. Revises special private practice assistance provisions to: (1) limit such assistance to loans (presently grants and loans); (2) extend the minimum obligated service period from one to two years; and (3) apply such provisions to obligated- and unobligated-service National Health Service Corps members. Requires the Secretary to submit to specified congressional committees by October 1, 1986, a plan for the recruitment, employment, and retention of personnel for the National Health Service Corps. Authorizes the Secretary to assist States in collecting data related to the designation of health manpower shortage areas. Authorizes appropriations for such purposes through FY 1988.
United States · United States Congress · 12 June 1985
Fair Insurance Coverage Act - Prohibits any insurer from discriminating in an insurance contract against any person because of blindness. Includes within the prohibition refusing to make or negotiate a contract for insurance or giving different treatment with respect to terms, conditions, rates, or benefits because of blindness. Establishes a preference for State actions prior to judicial enforcement under this Act. Authorizes any aggrieved person, in the absence of State actions or jurisdiction, to bring an action under this Act for individual relief. Authorizes the Attorney General of the United States to bring an action for injunctive relief whenever there is reasonable cause to believe a person is engaged in a pattern or practice of discrimination or when an individual is aggrieved and an issue of general public importance is raised. Grants the Federal district courts jurisdiction of such actions regardless of the amount in controversy. Allows a court to order monetary, equitable, or other appropriate relief, including punitive damages.
United States · United States Congress · 7 June 1985
Entitles individuals who performed service as National Guard technicians before January 1, 1969, to credit for such service when determining length of service for purposes of civil service retirement, leave, employee death and disability compensation, group life and health insurance, severance pay, tenure, and status.
United States · United States Congress · 6 June 1985
Amends the Internal Revenue Code to extend the targeted jobs income tax credit for five years from 1985 to 1990. Includes as members of a targeted group handicapped individuals who are eligible to receive rehabilitative services. (Present law limits such group to handicapped individuals who have completed rehabilitative services.) Increases the eligibility period for supplemental security income (SSI) recipients and general assistance recipients to be included as members of a targeted group.
United States · United States Congress · 6 June 1985
Expresses the sense of the Senate that the Administrator of the National Highway Traffic Safety Administration should retain the current corporate average fuel economy standard for passenger automobiles.
United States · United States Congress · 4 June 1985
Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 24 May 1985
Korean War Veterans Memorial Act of 1985 - Authorizes the American Battle Monuments Commission to erect a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. Armed Forces who served in the Korean war. Subjects the selected site, design, and plans for the construction of such memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission. Directs that, upon its completion, the memorial shall be turned over to the Department of the Interior which shall then be solely responsible for its maintenance. Authorizes appropriations.
United States · United States Congress · 24 May 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 an 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 · 24 May 1985
Authorizes the Black Revolutionary War Patriots Foundation to establish a memorial on Federal land in the District of Columbia to honor the courageous slaves and free black persons of the American Revolution. Directs the Secretary of the Interior, with the approval of the Commission of Fine Arts and the National Capital Planning Commission, to select the site, approve the design and plans, and provide for maintenance. Prohibits the use of any Federal funds for the memorial's construction. Terminates the Foundation's authority to establish such memorial five years from the date of enactment of this Act.
United States · United States Congress · 23 May 1985
Indoor Air Quality Research Act of 1985 - Directs the Administrator of the Environmental Protection Agency to carry out a research program with respect to indoor air quality. Requires that such program be designed to: (1) gather data and information on all aspects of indoor air quality in order to contribute to the understanding of health problems associated with the existence of air pollutants in the indoor environment; and (2) coordinate Federal, State, local and private research, development, and demonstration efforts relating to the improvement of indoor air quality. Authorizes the Administrator to establish committees of representatives of appropriate Federal agencies and advisory groups of representatives of the scientific community, industry, and public interest organizations as may be necessary to assist in carrying out such indoor air quality research program. Directs the Administrator to consult and coordinate with State and local officials and other interested parties having concerns related to such program. Directs the Administrator to submit to the Congress an indoor air quality research implementation plan within 90 days after enactment of this Act and a final report, after consultation with the National Academy of Sciences, within two years of such enactment. Requires such report to assess the risks to human health associated with indoor pollution including the known or potential effects of radon and other naturally occurring chemical elements. Authorizes appropriations for FY 1986 and 1987.
United States · United States Congress · 23 May 1985
Expresses the sense of the Senate that the Congress should oppose the Social Security Administration's "Draft Service Delivery Methodology" proposal which, if implemented, would result in the closing or downgrading of specified Social Security Administration offices.
United States · United States Congress · 21 May 1985
Home and Community Based Services for the Elderly Act of 1985 - Amends title XIX (Block Grants) of the Public Health Service Act to authorize a block grant program for home and community based services for the elderly. Authorizes appropriations for FY 1986 through 1988. Allots State funding based on a State's elderly population as compared with the elderly population of the United States. Makes Indian tribes and tribal organizations eligible grant recipients. States that grants may be used to: (1) identify elderly individuals who are eligible for services; (2) plan and manage services to be provided; (3) educate the public and medical and social professionals concerning the availability of services; (4) encourage the participation of families and voluntary organizations; (5) train personnel; and (6) coordinate long-term care services. Permits States to provide services for the elderly through grants to eligible organizations. Prohibits the use of funds for: (1) inpatient services; (2) cash payments to intended recipients; (3) land purchase or construction; (4) purchases of major medical equipment; or (5) satisfying any requirement for the expenditure of non-Federal funds. Set forth State application provisions.
United States · United States Congress · 20 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.) Title II: Dependent Care - Social Services and Child Care Assistance Act of 1985 - 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 for training and child care services. Specifies 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 operations; 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 title XX (Block Grants to States for Services) of the Social Security Act to require the Governor of each State, as a condition of the State's eligibility for receiving title XX Federal payments, to establish or designate a State Advisory Committee on Child-Care Standards which shall: (1) examine, investigate, and study the State's laws, regulations, and procedures for licensing, regulating, and monitoring child-care services and programs within the State; and (2) prepare a report outlining the committee's findings and recommendations, including a description of the current status of child-care licensing, regulating, or monitoring within the State to be submitted to each State's Governor for transmittal, along with the Governor's comments, to the Secretary of Health and Human Services. Establishes a National Advisory Committee on Child-Care Standards in order to assist and provide guidance to the States in improving the quality of child-care services. Requires each State Advisory Committee and the National Advisory Committee to review the options for child-care standards published by the Department of Health and Human Services in January 1985 and the final 1980 HEW Day Care Regulations. Directs the National Advisory Committee to issue recommended standards for child-care programs, after first publishing proposed standards and receiving comments. Terminates the National Advisory Committee 90 days after the publication of the final recommended standards. Authorizes appropriations for FY 1986 through 1988 for grants to States to carry out their plans for correcting the deficiencies in or improving the licensing, regulating, or monitoring of child-care programs. Requires each State, in order to receive a grant, to submit a plan to the Secretary of Health and Human Services to carry out the recommendations contained in its report. Amends the Higher Education Act of 1965 to authorize 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 two 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 a State which has received notice of a complaint fails to act within 60 days (120 days in certain circumstances) or has terminated all proceedings under State law without any final resolution. 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 (no premium payment may be increased and no benefits may be reduced); (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 - Establishes the Commission on Compensation Equity to provide, by contract with a consultant, for a report on whether executive agencies are in compliance with laws and regulations prohibiting sex-based wage discrimination. Requires submission of the results of such study to the appropriate congressional committees and the Director of the Office of Personnel Management within 18 months after the effective date of this Act. Requires the Director to submit to such committees and the Commission, 90 days after receipt of such report, a response specifying plans for carrying out the report's recommendations and reasons for not carrying out any recommendation. Allows the Commission to comment on the Director's response. Terminates the Commission 90 days after submission of its comment. Directs the Comptroller General to submit a list of at least five consultants to the Commission from which the Commission shall make its selection. Declares that nothing in this Act shall be construed to limit the rights or remedies provided under the Civil Rights Act of 1964, or the Fair Labor Standards Act of 1938, or any other provision of law relating to discrimination. Provides funding for the Commission from sums appropriated to the Office of Personnel Management for general operating expenses for FY 1986 and 1987. Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to direct the Secretary of Health and Human Services to make grants to States to assist in carrying out programs which: (1) prevent long-term dependency upon AFDC; (2) permit pregnant teenagers and teenage mothers to remain in school; (3) provide job counseling, employment readiness, job placement, and academic and vocational education services to pregnant teenagers and teenage mothers; and (4) integrate and coordinate services otherwise available to pregnant teenagers and teenage mothers. Sets forth: (1) requirements a State must meet in order to receive a grant; and (2) reporting requirements. Directs the Secretary to establish a systematic reporting system capable of yielding comprehensive data on which service figures and program evaluations shall be based. Requires the Secretary to report annually to Congress. Authorizes appropriations. 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 bracket 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 $1,000 amount by which the taxpayer's adjusted gross income exceeds $11,000. Provides for cost-of-living adjustments to such adjusted gross income amount. Limits the amount of employment-related expenses and respite care expenses which may be taken into account for purposes of such credit. Allows such credit for expenses incurred for the care of: (1) a dependent of the taxpayer who is under the age of 15; (2) a dependent of the taxpayer who is physically or mentally incapable of caring for himself; or (3) a spouse who is incapable of caring for himself. Repeals present provisions relating to the income tax credit for dependent care expenses necessary for gainful employment. 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 · 16 May 1985
Taxpayer Awareness and Enforcement Act of 1985 - Requires the Secretary of the Treasury to establish a taxpayer awareness program to inform the taxpaying public of: (1) the seriousness of cheating on one's taxes; (2) the effect tax evaders have on individual honest taxpayers and the country; (3) the renewed efforts of the Internal Revenue Service to be helpful and positive toward honest taxpayers; and (4) the benefits to honest taxpayers resulting from informing the Internal Revenue Service of the identity of dishonest taxpayers. Provides that such program will make extensive use of the media and direct-mail contracts. Authorizes appropriations for such effort. Increases both the civil and criminal tax penalties imposed for the avoidance of the tax laws. Requires a statement of tax compliance to be furnished by licensees, contractors, and borrowers of the Federal Government, stating that all Federal and State taxes have been paid prior to the expiration of any relevant due date. Requires the Federal agency to which the statement of compliance is submitted to furnish to the Secretary of Treasury the name and taxpayer identifying number of the person making such statement. Directs the Secretary of the Treasury to notify the relevant Federal agency of any false statements. Authorizes Federal agencies to impose sanctions in the instance of submission of false statements of tax compliance. Authorizes the Secretary of the Treasury to disclose taxpayer identity information to the press and other media with respect to any taxpayer who has willfully and knowingly: (1) failed to file tax returns; (2) disobeyed provisions of the tax code; (3) become delinquent in the payment of taxes in excess of $10,000; or (4) become subject to enforcement actions. Permits the contracting out of tax debt collections to collection agencies. Requires governmental units responsible for recording deeds of conveyance of real property to file a return in the form prescribed by the Secretary of the Treasury containing the name, address, and taxpayer identification number of the person designated as the grantor on the deed of conveyance, the amount of the consideration received, and any other information prescribed. Requires the Commissioner of Customs to make a return setting forth the entry of each article valued in excess of $5,000 and each amount of currency in excess of $5,000, entered by or on behalf of any individual during any calendar year. Describes the form and manner of such returns. Requires each individual whose name is set forth on such return to be furnished with a written statement showing the aggregate value of articles or currency entered by or on behalf of such individual, and other required information. Requires States to furnish the Secretary of the Treasury with information with respect to discrepancies in State and Federal tax information. Makes Federal tax information open to States without charge. Directs the Commissioner of Internal Revenue to establish a joint committee to identify innovative tax enforcement programs to be pursued jointly or separately by the various States and the Federal Government. Requires the committee to produce biennial reports for the President and the Congress. Authorizes appropriations for additional Internal Revenue Service employees and for procurement and implementation of automatic data processing equipment to be used to identify taxpayers who are intentionally disobeying the tax law. Exempts such equipment from certain approval processes for the procurement of that equipment.
United States · United States Congress · 16 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 · 15 May 1985
Orphan Drug Amendments of 1985 - Amends the Federal Food, Drug, and Cosmetic Act to repeal the requirement that exclusive marketing rights may only be granted to an orphan drug (a drug used in the treatment of a rare disease or condition) if the drug is not patentable. Establishes a National Commission on Orphan Diseases. Requires the Commission to assess the activities of the National Institutes of Health, the Alcohol, Drug Abuse, and Mental Health Administration, the Food and Drug Administration, other public agencies, and private entities in connection with: (1) basic research relating to rare diseases; (2) the use in research on rare diseases of knowledge developed in other research; (3) applied and clinical research relating to the prevention, diagnosis, and treatment of rare diseases; and (4) the dissemination of knowledge developed in research relating to rare diseases. Requires the Commission to submit a report by September 30, 1987, to the Secretary of Health and Human Services and to each House of the Congress containing the Commission's findings, conclusions, and recommendations. Makes funds available to the Commission. Terminates the Commission 90 days after the date of such report. Amends the Orphan Drug Act to allow Federal grants and contracts for preclinical and human clinical testing of orphan drugs. Authorizes appropriations for such grants and contracts for FY 1986 through 1988. Makes technical corrections to the Departments of Labor, Health and Human Services, Education and Related Appropriation Act, 1985 in order to allow the expenditure of funds for personnel training under the Education of the Handicapped Act until September 30, 1985.
United States · United States Congress · 7 May 1985
Amends the Communications Act of 1934 to authorize appropriations for FY 1986 through 1988 to be used by the Secretary of Commerce to assist in the planning and construction of public telecommunications facilities. Repeals a provision that requires 75 percent of the funds appropriated for such purposes in a fiscal year to be available to extend delivery of public telecommunications services to areas not receiving such services. Authorizes appropriations, to match up to a specified amount of non-Federal contributions to public broadcasting entities, for the Public Broadcasting Fund for FY 1987 through 1990. Repeals a provision that requires that a specified portion of the amount made available to the Corporation for Public Broadcasting from the Fund be earmarked for expenses of research, training, technical assistance, engineering, instructional support, and the payment of interest on indebtedness. Repeals provisions requiring a public telecommunications entity to refund to the Corporation for Public Broadcasting an amount of Federal funds equal to the amount of any unrelated business income tax paid by such entity.
United States · United States Congress · 3 May 1985
Expresses, on the 40th anniversary of V-E Day, the Nation's deep gratitude and recognizes the enormous debt owed to the American servicemen who fought in World War II.
![Official portrait of Sen. Kerry, John F. [D-MA]](https://www.congress.gov/img/member/k000148_200.jpg)