United States · United States Congress · 26 July 1985
Amends the Trade Act of 1974 to require Romania as a condition of continued eligibility for nondiscriminatory treatment (most-favored-nation treatment) and for designation as a beneficiary developing country under the generalized system of preferences to comply with the Consular Convention and Protocol of July 5, 1972, which guarantees the right of U.S. nationals to exercise inheritance rights in property in Romania and to transfer such inheritances at prevailing official rates of exchange. Prohibits depriving a U.S. national of such inheritance rights on the ground that Romania nationalized the property before the U.S. national became a U.S. citizen unless Romania furnishes the Secretary of State conclusive evidence of such nationalization, expropriation, or confiscation.
United States · United States Congress · 25 July 1985
Increased Market Access Promotion Act of 1985 - Amends the Trade Act of 1974 to require the U.S. Trade Representative (USTR) to report annually to the Congress by March 31: (1) identifying any foreign country's or instrumentality's barriers to market access of U.S. exports of goods and services and foreign direct investment by U.S. persons; (2) estimating the trade distorting impact on U.S. commerce of any such foreign trade barrier; and (3) estimating the value of additional goods and services and the value of additional foreign direct investment that would have been exported to, or invested in, each such foreign country or instrumentality if each of the trade barriers did not exist. Requires the USTR, in making such an analysis, to take into account the actual increase in the value of U.S. goods and services exported to, and the value of foreign direct investment made in, such foreign country or instrumentality. Directs the President to initiate negotiations between the United States and each foreign country identified as having acts, policies, or procedures which constitute barriers to market access in order to eliminate such barriers within two years. Directs the President, if a country is identified as a country with trade barriers and if the amount of the trade deficit between the United States and such country exceeds five percent of the amount of the trade deficit between the United States and the world for such calendar year, to take specified actions against such country. Sets forth different objectives for taking such actions depending on whether the country had previously been identified as having such trade barriers and whether or not a reduction of such barriers had been made.
United States · United States Congress · 25 July 1985
Comprehensive Trade Law Reform Act of 1985 - Title I: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to add requirements for a country to be considered a "country under the Agreement" (the Agreement on Subsidies and Countervailing Measures) for purposes of the countervailing duty provisions of such Act. Requires such a country to have made a commitment under the General Agreement on Tariffs and Trade (GATT) to: (1) eliminate its export subsidies within one year (five for least developed countries); (2) not increase, extend, or add export subsidies; and (3) eliminate immediately export subsidies on those products in which such country is competitive. Requires the International Trade Commission (ITC), upon request, to investigate whether the merchandise is already competitive in the U.S. market and whether the merchandise would be competitive in the absence of export subsidies. Directs the Administering Authority to review the status of, and compliance with, specified trade agreements at least once during each 12 month period. Directs the Administering Authority to publish such determinations. Imposes penalties for failure of a foreign country to honor any term of such agreements, including withdrawing designation of a country as a "country under the Agreement," suspension of liquidation of imports and initiation of a countervailing duty investigation. Directs the Administering Authority, if there is an affirmative determination, based upon allegations in a petition for relief, of the existence of a subsidy which requires the imposition of a countervailing duty and the petition alleges that the subsidy is inconsistent with the Agreement or if the Administering Authority initiates a countervailing duty investigation and the Administering Authority has reason to believe that a subsidy is inconsistent with the Agreement, to: (1) notify the U.S. Customs Service and direct customs officials to collect and forward to the Administering Authority information on the imports of the merchandise which is subject of the investigation; (2) order the suspension of liquidation of all entries of such merchandise; and (3) begin monitoring the volume of imports of such merchandise to determine whether the volume of such imports has significantly increased. Prohibits making any determination on whether the volume of such imports has significantly increased until 60 days after the date the investigation began. Terminates any suspension of liquidation of such imports if the Administering Authority makes a preliminary determination that a subsidy does not exist. Directs the Administering Authority to order the posting of security for, and the application of a suspension of liquidation to, unliquidated imports which were imported 90 days before the date on which the preliminary determination is published if there is a determination that the volume of imports has surged, the alleged subsidy is inconsistent with the Agreement, and there have been massive imports of the merchandise subject to the countervailing duty investigation in a relatively short period. Directs the Administering Authority to terminate any suspension of liquidation of imports and to release any posted security requirement if a countervailing duty investigation is terminated. Requires the final determination of the Administering Authority in a countervailing duty investigation, if there is a final determination that a subsidy exists and if there is a finding that the volume of the investigated imports has increased significantly, to contain a finding on whether the alleged subsidy is inconsistent with the Agreement and whether there have been massive imports of the merchandise being investigated over a relatively short period of time. (Such finding is a finding of critical circumstances.) Requires the final determination of the ITC, if such determination is that there is no material injury but that there is a threat of material injury, to include a finding as to whether material injury by reason of subsidized imports would have been found but for any suspension of liquidation of such imports. (Deletes the provision requiring the ITC to include in its final determination findings as to whether there is material injury which will be difficult to repair and whether the material injury was caused by massive imports of subsidized merchandise over a relatively short period of time.) Requires the Administering Authority, if the Administering Authority makes a final determination that critical circumstances do not exist or if the ITC determines that there is no material injury but that there is a threat of material injury or that the establishment of a U.S. industry is materially retarded, to: (1) terminate any suspension of liquidation of imports ordered under a countervailing duty investigation; and (2) release any security and refund any cash deposit required with respect to such imports. Permits determinations of whether critical circumstances exist with respect to imports of articles that are not duty-free. Directs the Administering Authority, if the preliminary determination in an antidumping investigation is affirmative or if the investigation is initiated by the Administering Authority, to: (1) notify the U.S. Customs Service of such determination and direct customs officers to collect and forward information on the volume and value of imports of the merchandise subject to such investigation; and (2) begin monitoring the volume of such imports to determine whether the volume of such imports has significantly increased. Requires the Administering Authority to publish notice of a determination that the volume of such imports has significantly increased. Prohibits making such a determination until 60 days after the antidumping investigation has begun. Directs the Administering Authority to order the suspension of liquidation of all imports of the articles subject to the antidumping investigation 70 days after the date the investigation has begun. Terminates such suspension of liquidation if the preliminary determination under waiver of verification is negative. Directs the Administering Authority to determine whether critical circumstances exist if the Administering Authority determines that the volume of imports of the articles under investigation for dumping has significantly increased. (Current law requires the Administering Authority to determine whether critical circumstances exist if the petitioner alleges critical circumstances.) Requires the Administering Authority, if it determines that critical circumstances exist, to order the posting of security for, and require any suspension of liquidation to apply to, unliquidated entries of merchandise imported on or after the date that is 90 days before the date on which the affirmative preliminary determination is published. Terminates any suspension of liquidation of imports and releases any posted security if an antidumping investigation is terminated. Requires the final determination of the Administering Authority in an antidumping investigation, if it finds that the merchandise subject to the investigation is being, or is likely to be, sold in the United States at less than fair value and the Administering Authority has found that the volume of imports of such merchandise has increased significantly, to contain a finding as to whether: (1) either there is a history of dumping in the United States or elsewhere of such merchandise or the importer knew or should have known that the exporter was selling such merchandise at less than its fair value; and (2) there have been massive imports of such merchandise over a relatively short period. (Current law requires such a finding to be included in the final determination if such critical circumstances have been alleged in the petition for relief.) Requires the final determination of the ITC, if such determination is that there is no material injury but that there is a threat of material injury, to include a finding as to whether material injury by reason of dumped imports would have been found but for any suspension of liquidation of such imports. Requires the Administering Authority, if the Administering Authority makes a specified final determination or the ITC determines that there is no material injury but that there is a threat of material injury or that the establishment of a U.S. industry is materially retarded, to: (1) terminate any suspension of liquidation of imports of such merchandise; and (2) release any security and refund any cash deposit required with respect to such imports. Declares that if the ITC has made an affirmative preliminary or final determination that countervailing or antidumping duties should be imposed with respect to merchandise that is the subject of a countervailing or antidumping duty investigation during the one-year period ending on the date on which such investigation is begun: (1) the ITC shall not be required to make another preliminary determination of injury; and (2) the preliminary determination of relief shall be applied without regard for the requirement that an affirmative injury determination be obtained. Authorizes the Administering Authority to suspend a countervailing duty investigation if the government of the country in which the subsidy practice is alleged to occur agrees, or exporters who account for substantially all of the imports of the merchandise agree, to: (1) eliminate the subsidy completely within six months; or (2) cease exports of such merchandise to the United States within six months. Deletes the provision authorizing suspension of such investigation if the subsidizing country agrees to offset the amount of the subsidy. Adds new conditions for the waiver of deposit of estimated antidumping duties. Authorizes such waiver if in addition to the current requirements: (1) the investigation has not been designated as extraordinarily complicated; (2) the final determination has not been postponed; (3) credible evidence is presented that the amount by which the foreign market value of the merchandise exceeds the U.S. price is significantly less than the amount of such excess specified in the antidumping duty order; and (4) the data concerning the foreign market value and the U.S. price apply to sales in the usual commercial quantities and in the ordinary course of trade and the number of such sales are sufficient to form an adequate basis for comparison. Requires the Administering Authority, before determining to allow such waiver, to: (1) make all confidential information supplied to the Administering Authority available under a protective order to all interested parties; and (2) afford all interested parties an opportunity to comment on whether the waiver should be permitted. Amends the definition of "subsidy" for purposes of the countervailing duty provisions to include the provision of capital, loans, loan guarantees, goods, or services at preferential rates or on terms inconsistent with commercial consideration. Amends the definition of "interested party" to include a U.S. manufacturer, producer, or wholesaler, or a union, trade or business association, or another association which represents manufacturers, producers or wholesalers of a like product of major parts, materials, components, or assemblies or subassemblies which are irrevocable destined for incorporation into a like product. Defines "diversionary dumping" as the purchase by a manufacturer or producer of any material or component at less than the foreign market value of such material or component which is incorporated into the merchandise under investigation and which has been the subject of a previous antidumping investigation. Sets forth the method of determining the adjustment amounts for determining foreign market value, sales at less than the cost of production, and the constructed value of components and materials. Includes subsidies provided under the authority of a statute, regulation, policy, or practice of a customs union within the definiton of upstream subsidies. Creates a presumption of competitive benefit if: (1) a countervailing duty order is in effect with respect to an input product or an input product is subject to an import restriction agreement; (2) a subsidy continues to be paid on such input product after the countervailing duty order was issued or after the agreement took effect; and (3) the Administering Authority determines that an increase in imports of merchandise under a countervailing duty investigation has occurred. Requires (currently authorizes) the Administering Authority and the ITC to make confidential information submitted to an antidumping or countervailing duty investigation available upon receipt of a request which describes in general terms (currently with particularity) the type of information sought and the reasons for the request, unless the person who submitted such information establishes that substantial harm to the business operations of such person would result from such disclosure. Sets forth additional limits on disclosure of such information, including a time limit on making the determination of whether to disclose information. Title II: Relief from Injury Caused by Import Competition - Transfers from the President to the Administering Authority the authority to take certain actions following import relief investigations by the ITC. Authorizes a petition for import relief to include within its statement of reasons for requesting import relief the desire to facilitate the orderly transfer of resources to enhance competitiveness. Changes the scope of the ITC's import relief investigation to include determining whether an article is being imported into the United States in such increased quatities as to be a cause (currently substantial cause) of serious injury or threat of serious injury to any domestic industry that produces an article like or directly competitive with the imported article or that produces materials, parts, components, or subassemblies irrevocably destined for incorporation in an article like or directly competitive with the imported article. Changes one of the factors that must be considered in making such determination with respect to serious injury in order to cover the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. (Current law refers to the inability of firms to operate at a reasonable profit.) Changes the factors that must be considered in making such determination with respect to the threat of serious injury in order to cover: (1) a decline in sales or market share in the domestic industry; (2) a higher and growing inventory in the domestic industry; (3) a downward trend in production, profits, wages, or employment (or increasing underemployment) in the domestic industry; (4) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any class or kind of merchandise and that causes or threatens to cause serious injury to the domestic industry; (5) the extent to which the U.S. market is the focal point for diversion of exports of the article concerned because of restraints on exports of the article concerned because of restraints on exports of such article to, or imports of such articles into, third country markets; and (6) in the case of an industry that has developed an industry assessment and competitiveness strategy, the inability of producers in the domestic industry to generate adequate capital to finance the modernization of plant and equipment or to otherwise enhance competitiveness. Requires (currently authorizes) the ITC to make certain determinations with respect to determining the domestic industry producing an article a like or directly competitive with an imported article. Defines "cause" for purposes of determining whether imports are a cause of injury to mean a cause which is important. Declares that a cause may be important even though other causes are of equal or greater importance. Requires the ITC, if it finds that serious injury or the threat of serious injury exists for a domestic industry, to: (1) find the amount of the increase in, or imposition of, any duty or import restriction necessary to prevent or remedy such injury; and (currently or) (2) if it determines that adjustment assistance can assist in remedying such injury, recommend the provision of such assistance. Directs the Administering Authority, if during an import relief investigation it finds that critical circumstances exist, to impose provisional measures (increase in tariff, tariff-rate quotas, quantitative restrictions, orderly marketing agreements or a combination of such actions). Requires such measures to remain in effect until the later of the date: (1) on which the President revokes such measures; (2) on which the ITC makes a negative determination of injury; or (3) which is 60 days after the date on which the ITC makes an affirmative determination of injury. Declares that critical circumstances exist if a significant increase in imports over a short time has led to circumstances in which delay in relief would cause damage that would be difficult to repair. Requires the ITC, if it finds that serious injury has resulted from imports, to determine: (1) whether trade in the article concerned has been affected by coordinated government actions that are bestowed on a specific enterprise, industry or group and that assist the beneficiary in becoming more competitive in exporting a class or kind of merchandise; and (2) the extent to which the U.S. market is the focal point for diversion of exports of such article because of restraints an exports of such article to, or on imports of such article into, third country markets. Directs the Administering Authority, if it determines to provide import relief and the ITC has found that trade in the article has been affected by such coordinated government actions, to consult and negotiate with other countries that produce or consume such article to seek the establishment of a multilateral framework to maintain and develop fair, equitable, and nondisruptive patterns of trade in such article. Directs the Administering Authority, after the ITC begins an import relief investigation based on a petition, to establish, upon request, an industry advisory group. Requires such an advisory group to prepare for the industry concerned an assessment of current problems and a strategy to enhance competitiveness. Directs the Administering Authority to try to obtain, on a confidential basis, information from the individual members of such advisory group on: (1) how such members intend to act upon the recommendations in such assessment and strategy; and (2) any other actions such members intend to take which will foster the objectives of the strategy. Requires the Administering Authority, the ITC, the Secretary of Labor, and the Secretary of Commerce to consider such assessment and strategy in making any import relief determination or taking any import relief action. Requires the Administering Authority, if it determines to provide import relief and if an industry assessment and competitiveness strategy was submitted to the Administering Authority, to publish notice of the availability of, and a summary of, such assessment and strategy. Requires a review committee, if such summary is published, to: (1) monitor actions taken by the petitioners to improve the competitive position of the industry; (2) make recommendations for administrative action; and (3) submit recommended legislation to the Congress. Requires the review committee to consult with the advisory group members if the review committee determines that the firms or workers are not implementing or are implementing unsatisfactorily: (1) the recommended objectives and actions in the industry assessment and competitiveness strategy; or (2) the actions declared in the confidential information obtained by the advisory group. Requires the Administering Authority to request the ITC to issue a report on the probable economic effect on the industry of import relief if, after consultations with the advisory group members, the review committee determines that the failure to implement or failure to implement satisfactorily such actions is not justified by changed circumstances and has adversely affected overall implementation of the objectives of the industry assessment and competitiveness strategy. Requires the Administering Authority, if it decides to provide import relief, to consult with petitioners and representatives of workers and firms in the affected industry on the advisability and desirability of taking appropriate action under countervailing or antidumping duty provisions of the Tariff Act of 1930 or under title III of the Trade Act of 1974 if the Administering Authority has reason to believe that a foreign government or firm is engaged in any action or practice for which such relief is available. Title III: Relief from Injurious Industrial Targeting and Unfair Trade Practices - Provides that injurious industrial targeting may trigger import relief actions. Defines injurious industrial targeting to mean any combination of coordinated government actions: (1) which are bestowed on a specific enterprise, industry, or group thereof; (2) which assist such enterprise, industry, or group to become more competitive in the export of any class or kind of merchandise; and (3) which cause or threaten to cause material injury. Transfers from the President to the Administering Authority the authority to take certain actions to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Authorizes the Administering Authority to: (1) suspend, withdraw, or prevent application of the benefit of trade agreement concessions with the foreign country or instrumentality involved; (2) direct customs officers to assess duties or impose other import restrictions on the products of such country or instrumentality or to assess fees or impose restrictions on the services of such country or instrumentality for such time in such amount, and to such degree as the Administering Authority deems appropriate; (3) negotiate agreements to offset the burden or restrictions on U.S. commerce; (4) submit proposed administrative actions and legislation to implement any other government action which would restore or improve the international competitive position of the injured or threatened industry; (5) recommend to the President action respecting service sector authorization; or (6) recommend any combination of such actions. Transfers to the Administering Authority from the President the authority to impose certain limits on service sector access authorizations (authorizations that permit a foreign supplier of services access to the U.S. market). Deletes the provision authorizing the President to take action to enforce U.S. trade rights even through no petition for relief has been filed. Directs the Administering Authority to consult with representatives of domestic firms and workers that may be affected by any import relief investigation which is initiated by petition filed with the the Administering Authority regarding any determination which is required to be made by the Administering Authority. Directs the Administering Authority, upon written request, to make confidential business information obtained by it in connection with an import relief investigation available under a protective order. Prohibits release of information classified for national security reasons. Requires the Administering Authority to act upon requests for such information within ten days of the request. Requires the Administering Authority, in conducting an import relief investigation initiated by petition to the Administering Authority, to present detailed questionnaires to the foreign government or enterprise involved in order to obtain information concerning the allegations in the petition. Directs the Administering Authority to verify any such information which the Administering Authority relied upon in making any determinations. Provides for relying on the best information available, which may be the information contained in the petition, if the foreign government fails to provide information or provides insufficient or unsatisfactory information. Requires the Administering Authority to make a preliminary determination within five months of the start of such an import relief investigation on whether there is reason to believe that import relief is warranted. Authorizes the Administering Authority to take certain actions based on the preliminary finding. Requires the final determination to be made within 11 months of the start of the investigation. Requires the Administering Authority to determine what actions to take if the final determination is that import relief is warranted except that specific actions are required if injurious industrial targeting is found to exist. Requires the Administering Authority to consult with the petitioner and representative of the affected domestic firms and workers if the final determination is affirmative. Requires the Administering Authority to report to the Congress if the final determination is affirmative and the Administering Authority declines to take any action. Terminates any preliminary import relief if the final determination is negative. Requires publication in the Federal Register of such preliminary and final determinations. Requires the Administering Authority, if it makes a preliminary finding that injurious industrial targeting exists, to: (1) establish an advisory committee; and (2) formulate, in consultation with such advisory committee, proposals, which would restore or improve the competitive position of affected domestic industries. Requires the Administering Authority to notify the ITC when it initiates an investigation of injurious industrial targeting. Requires the ITC to make a preliminary determination within 60 days of receiving such notice of whether there is a reasonable indication that because of sales or likely sales of the merchandise which is the subject of the investigation: (1) an industry in the United States is materially injured or is threatened with material injury; or (2) the establishment or growth of an industry in the United States is materially retarded. Requires the ITC to make a final determination of whether such circumstances exist by: (1) 45 days after the affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is affirmative; or (2) 75 days after an affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is negative. Makes the ITC's determination subject to review by the U.S. Court of International Trade if such determination were made under the countervailing or antidumping duty provisions of the Tariff Act of 1930. Defines material injury and threat of material injury. Requires the Administering Authority pending conclusion of the investigation, to take at least one of several provisional actions in order to prevent further injury or threat of injury from injurious industrial targeting. Requires the Administering Authority, after a final determination of injury has been made, to take at least one of several actions to fully offset the material injury or threat of material injury from injurious industrial targeting. Directs the Administering Authority to submit to the President any proposed administrative action and any proposed legislation to restore or improve the competitive position of the injured industry if the preliminary and final determinations are that injurious industrial targeting has occurred. Provides for expedited consideration of such legislation. Requires the Administering Authority to report to the Congress on the actions the Administrative Authority will take to offset the material injury or threat of material injury from the injurious industrial targeting. Authorizes the Administering Authority to enter into a settlement agreement with the foreign country or entity involved in lieu of taking other actions if: (1) such agreement completely eliminates the material injury or threat of material injury from the injurious industrial targeting; and (2) such agreement is approved by the petitioner if the investigation began because of a petition. Authorizes the Administering Authority to take actions to compensate a foreign country or entity if the contracting parties to the General Agreement on Tariffs and Trade (GATT) disapprove of actions taken in response to injurious industrial targeting. Directs the Administering Authority to consult with the petitioner and the representatives of affected domestic firms and workers if, in the course of an investigation, the Administering Authority has reason to believe that a foreign government engaged in dumping or other actions for which relief is available under specified provisions of the Tariff Act of 1930. Title IV: Negotiating Objectives - Declares that the principal U.S. negotiating objectives shall be to: (1) obtain and preserve maximum access to international markets for U.S. manufactured products; (2) obtain the elimination of foreign barriers to market access; (3) obtain internationally accepted rules to evaluate and respond to the maintenance and operation of government-controlled enterprises that engage in international trade; and (4) establish procedures governing such enterprises.
United States · United States Congress · 25 July 1985
Highway Beautification Act of 1985 - Amends Federal law regarding outdoor advertising to require the Secretary of Transportation to submit an annual report to the Congress detailing the extent to which each State is in compliance with the outdoor advertising requirements. Provides that a State shall be deemed as failing to provide effective control of outdoor advertising if the State allows vegetation located on State rights-of-way for interstate or primary system highways to be altered or removed if the purpose of such alteration is to improve the visibility of certain outdoor advertising. Specifies exemptions.
United States · United States Congress · 23 July 1985
Amends the Equal Credit Opportunity Act to prohibit the Board of Governors of the Federal Reserve System from exempting from such Act any class of credit transactions that are primarily for personal, family, or household purposes. Permits the Board to exempt (for five years) a type or class of business or commercial transactions only after determining that application of such Act to such transactions would not contribute substantially to effecting the purposes of such Act.
United States · United States Congress · 22 July 1985
Haym Salomon Memorial Act of 1985 - Authorizes the American Jewish Patriots and Friends of Haym Salomon to place in the Capitol Building or on the Capitol Gounds a statue of Haym Salomon, a revolutionary war patriot of Polish and Jewish background. Authorizes such organization to also erect a monument to Haym Salomon on Federal land in the District of Columbia. Subjects the selected site, design, and plans for the memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission.
United States · United States Congress · 18 July 1985
Amends title XVIII (Medicare) of the Social Security Act to provide for the continuation of certain State hospital reimbursement control systems in effect on January 1, 1985.
United States · United States Congress · 17 July 1985
Prohibits the Secretary of Health and Human Services from changing reimbursement levels or methodologies for home health services under title XVIII (Medicare) of the Social Security Act prior to the later of: (1) October 1, 1986; or (2) any freeze period beginning after June 30, 1985, and before October 1, 1986.
United States · United States Congress · 17 July 1985
Expresses the Senate's concern about Doctor Yury Orlov and calls upon the Soviet Union to release him from exile and allow him and his wife to emigrate. Urges the President to instruct the Secretary of State to raise this issue with the Soviet Union privately and at specified forums.
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 · 10 July 1985
Authorizes appropriations for FY 1986 for the Federal Bureau of Investigation to carry out counterterrorism activities, including the purchase of additional vehicles. Authorizes the Attorney General to pay in advance for expenses arising out of contractual and reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to terrorism.
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
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 · 21 June 1985
States that the United Support of Artists for Africa should be commended for aiding the African famine victims and for demonstrating that people can make a difference in relieving the plight of those victims.
United States · United States Congress · 19 June 1985
Air Passenger Security Act of 1985 - Amends the Federal Aviation Act of 1958 to direct the Administrator of the Federal Aviation Agency to employ United States Air Marshals to serve as unidentified armed passengers on unsecure foreign flights (a public charter passenger flight of a United States civil aircraft departing from a foreign airport not included on a certain list of secure foreign airports). Specifies the law enforcement duties of such Air Marshals. Requires the Administrator to continually review foreign airport security programs and to publish in the Federal Register those airports which the Administrator has determined to have an effective security program. Requires the President to take action as if he had determined a foreign nation was acting in a manner inconsistent with the Convention for the Suppression of Unlawful Seizure of Aircraft whenever a foreign nation impedes United States Air Marshals from fulfilling their functions as unidentified armed passengers. Authorizes appropriations.
United States · United States Congress · 19 June 1985
Foster Care, Adoption Assistance, and Child Welfare Amendments of 1985 - Title I: Provisions Relating to Older Foster Children - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require a State to make foster care maintenance payments to foster care children until they reach the age of 21, if they are full-time students. Requires a State to establish, under part E, a transitional independent living program for children with respect to whom foster care maintenance payments are being made and who have attained age 16. Provides under such program for an individualized transitional independent living plan for each child, with the objective of helping the child to prepare for and to live an independent life. Title II: Adoption Program Improvements - Provides for the eligibility, under titles XIX (Medicaid) and XX (Block Grants to States for Social Services) of the Act, of any child with respect to whom an adoption assistance agreement is in effect, including any child placed for adoption, if: (1) the parents with whom the child was placed would be eligible for adoption assistance payments; or (2) the child is a child with special needs. Requires each State to provide post-adoptive counseling services, if the applicable adoption assistance agreement so specifies or if the adopting parents so request, to children with respect to whom adoption assistance agreements are in effect, with the objective of helping both the adopted child and adopting parents adjust. Title III: Training Requirements - Requires a State's part E plan to: (1) provide training and retraining for individuals who are maintaining or preparing to maintain foster family homes and for members of the staffs of child-care institutions; and (2) require, as a condition of receiving licensing and as a condition of receiving foster care maintenance payments, satisfactory participation in such training and retraining by any individual who is a foster parent or is preparing to qualify as a foster parent and by the members of the staff of any child-care institution who have responsibilities with respect to foster children. Title IV: Extension of Voluntary Placement and Transfer of Funds Provisions - Makes permanent temporary provisions of the Adoption Assistance and Child Welfare Act of 1980 which provide for Federal payments for certain dependent children voluntarily placed in foster care. Extends for three years provisions which permit a State to transfer certain part E funds to part B (Child Welfare) of title IV. Title V: Administrative and Eligibility Provisions - Requires redeterminations of a child's eligibility for foster care maintenance payments under part E only when there has been a change affecting such eligibility. Sets forth reporting requirements.
United States · United States Congress · 18 June 1985
Federal Communications Commission Network Acquisition Approval Act of 1985 - Amends the Communications Act of 1934 to require the Federal Communications Commission to take specified actions before granting any application proposing the acquisition of ownership or control of a television network whose board of directors has not approved the acquisition. Directs the Commission to require the applicant to file specified information, including: (1) the identities, managerial expertise, and financial resources of the persons involved in the acquisition; (2) the sources of funds and the details of financial arrangements involved in the acquisition, as well as any plan to liquidate assets; (3) any reduction in service to any community that would result from the acquisition; and (4) the reasons that the acquisition would benefit the public interest, convenience, and necessity. Directs the Commission to: (1) issue a public notice indicating that such information is available for public inspection; (2) allow a party 30 days after such notice is issued to file a petition to deny the application; and (3) conduct a full evidentiary hearing on such application.
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
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 · 11 June 1985
Computer Education Assistance Act of 1985 - Title I; Acquisition of Computer Resources - Authorizes the Secretary of Education to make grants to States to pay the Federal share of the costs of strengthening computer education in the elementary and secondary schools. Authorizes appropriations for such purpose for FY 1986 through 1990. Sets forth provisions for allotments to States and for allocation of allotments within States. Provides that two percent of the appropriations for this Act be reserved for specified territories and possessions of the United States. Provides for allotment to States on the basis of school-age population and on the basis of a formula for distribution of aid for disadvantaged school children under the Elementary and Secondary Education Act of 1965. Directs the State education agency (SEA) to allocate the State allotment to local educational agencies (LEAs) on the basis of similar factors. Prohibits making any grant under this title to a State unless the SEA and LEAs within the State carry out planning activities designed to facilitate the use of Federal financial assistance under this title for the expansion of computer resources in the elementary and secondary schools within the State. Requires such planning activities to include: (1) development of goals for computer education; (2) revising basic curricula; (3) placing the computers, and making them generally available, in the elementary and secondary schools; (4) developing hardware and software selection criteria; (5) providing security; and (6) developing evaluation standards. Allows grants under this Act to be used to pay the Federal share of: (1) acquisition of computers and other equipment for computer education; (2) teacher training programs; and (3) computer software acquisition. Sets forth requirements for State applications for grants under this Act. Sets forth requirements for local applications for payments under this Act. Makes specified provisions of the Education Consolidation and Improvement Act of 1981 relating to participation of children enrolled in private schools applicable to the financial assistance made available under this Act. Directs the Secretary to pay each State, from the amount allotted, the Federal share (75 percent) of the cost of the program assisted under this Act. Permits non-Federal contributions to be in cash or in kind, including plant, equipment, and services. Title II: Teacher Training Institutes - Directs the National Science Foundation (NSF) to make grants to and contracts with specified entities to develop and operate short-term or regular session study institutes to improve the qualifications of individuals engaged or preparing to engage in the teaching, or supervising or training of teachers, of the use of computers for computer education instruction and other education programs in elementary and secondary schools. Provides that special consideration be given to grant or contract applicants who will train teachers, or supervisors or trainers of teachers, serving or preparing to serve in elementary and secondary schools that enroll substantial numbers of disadvantaged youth or in programs for children of limited English language proficiency. Provides for weekly stipends for individuals who attend such institutes. Authorizes appropriations to carry out this title for FY 1986 through 1989. Title III: Information Dissemination and Evaluation - Directs the Secretary, through the National Institute of Education (NIE) and the NSF, to provide advice and technical assistance to SEAs and LEAs on the expenditure of funds under title I of this Act and on the acquisition of computer software through an interagency agreement to: (1) evaluate available computer hardware and software, in terms of it usefulness in the classroom; (2) disseminate the results of such evaluation; and (3) develop model computer educational software, and make such model software (and its design premises) available to computer software producers and distributors, teachers, and school administrators. Authorizes the Secretary and the NSF to make grants and contracts to carry out such functions. Authorizes appropriations for such purposes for FY 1986 through 1989. Directs the NSF, through grants to or contracts with specified entities, to conduct, assist, and foster research and experimentation on, and dissemination of, models of instruction in the operation and use of computers. Gives priority to proposals prepared with active and broad community involvement of such groups as parents, teachers, school boards and administrators, and local business. Permits funds available under such grants and contracts to be used for the acquisition of computer hardware and software. Requires the Director of the NSF to: (1) report annually to the Congress on the results of such research and experimentation; and (2) in conjunction with the NIE, disseminate information concerning such results to LEAs. Authorizes appropriations for such purposes for FY 1986 through 1989.
United States · United States Congress · 11 June 1985
Medicaid Home and Community-Based Services Improvement Act of 1985 - Amends title XIX (Medicaid) of the Social Security Act to provide coverage for home or community-based services provided to an individual with respect to whom there has been a determination that but for the provision of such services the individuals would require the level of care provided in a skilled nursing facility or intermediate care facility, the cost of which would be reimbursed under Medicaid. Repeals provisions which required a State to apply for and receive a waiver in order to provide such services.
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 · 4 June 1985
Improved Standards for Laboratory Animals Act - Amends the Animal Welfare Act to revise the humane standards for animals transported in commerce. Requires the Secretary of Agriculture to promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and exhibitors. Requires each research facility to establish an institutional animal committee with sufficient expertise to assess the appropriateness of animal care and treatment in experimental research. Requires the committee at each facility to: (1) inspect at least semiannually all animal study areas and animal facilities at the research facility; (2) file an inspection certification report of each inspection at the research facility; (3) notify the administrative representative of the research facility of any deficiencies; and (4) notify the Animal and Plant Health Inspection Service and the funding Federal agency if such deficiencies remain uncorrected. Requires each research facility to provide for annual training in the humane treatment of animals for scientists, animal technicians, and other personnel involved with animal care and treatment in such facility. Directs the Secretary to establish an information service at the National Agricultural Library to provide information on improved methods of animal experimentation, including: (1) employee training; (2) preventing unnecessary duplication of animal experimentation; (3) reducing or replacing animal use; and (4) minimizing pain and distress. Requires a funding Federal agency to suspend or revoke Federal Support for a project if it is determined that conditions of animal care, treatment, or practice in a particular project have not been in compliance with standards promulgated under this Act. Requires the Secretary to inspect each research facility at least once each year. Requires such follow-up inspections as may be necessary until all deficiencies which may be found are corrected. Imposes penalties for the release of any confidential information or trade secrets by any member of an Institutional Animal Committee. Increases penalties for violations of the Animal Welfare Act.
United States · United States Congress · 4 June 1985
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
Amends the Agricultural Act of 1949 to set sugar price supports at not less than: (1) 13 cents per pound for 1985 (presently set at 18 cents per pound); (2) ten cents per pound for 1986; (3) nine cents per pound for 1987; and (4) eight cents per pound for 1988 and subsequent crop years.
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
National Commission to Prevent Infant Mortality - Establishes the National Commission to Prevent Infant Mortality (Commission). States the duties of the Commission, which include: (1) identifying and examining Federal, State, local, and private resources which affect infant mortality; (2) identifying barriers to the health care needed to prevent high infant mortality; and (3) reviewing and carrying forward appropriate recommendations that promote the health status of childbearing women and their infants. Directs the Commission to: (1) recommend a national policy designed to improve the current approach to preventing infant mortality; (2) recommend specific changes needed in Federal laws and programs; and (3) present such recommendations to the President, the Speaker of the House, and the majority leader of the Senate within one year of enactment of this Act. Sets forth the powers of the Commission. States that the provisions of the Federal Advisory Committee Act shall not apply to the Commission. Provides for the termination of the Commission. Authorizes appropriations.
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 · 22 May 1985
Requires 75 percent of the official mail of the Congress and 50 percent of the mail of Federal agencies to contain a photograph and biographical information of a missing child.
United States · United States Congress · 22 May 1985
Family Economic Security Act of 1985 - Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to require each State to have in operation at any time and to carry out either a work incentive program under part C (Work Incentive Program) of title IV or an employment program demonstration project under part A (General Provisions) of title XI of such Act. Repeals time restriction limitations on demonstration projects. Directs the Secretary of Health and Human Services to make annual grants to each State to carry out special programs, projects, and experiments designed to reduce the dependency of AFDC individuals and families, including: (1) supported work programs for long-term adult AFDC recipients; (2) work experiments aimed at easing the transition to jobs in the private sector; and (3) other programs, projects, and experiments designed to reduce AFDC dependency. Provides that grants shall be made only on the basis of a plan submitted to the Secretary by a State and approved by the Secretary. Provides that a grant shall be in an amount ranging from two to seven percent of a State's Federal share under part A of title IV or title XI. Requires reports concerning such grants from a State to the Secretary. Permits a State to transfer up to ten percent of its grant for use in carrying out programs to prevent teenage pregnancies and to assist pregnant individuals and mothers of young children in achieving self-sufficiency. Requires a State to make monthly payments to each family with dependent children in an amount determined by subtracting, after the application of resource and disregard provisions, the family's monthly income from its monthly cash needs standard (equal to one-twelfth of the annual cash needs standard) or from its monthly payment standard (equal to one-twelfth of the annual payment standard). Requires a State to establish for any family with dependent children: (1) an annual cash needs standard; and (2) an annual payment standard specifying the amount of AFDC that the family would receive monthly under AFDC if it had no other income. Requires that, in the case of a family with no income other than AFDC (and reducing such income only by the applicable standard deduction specified by the Food Stamp Act of 1977), each of such standards when added to the total monthly allotments of food stamp coupons equal an amount that places the family at no less than a specified percentage of the poverty level. Provides that such percentage shall be 55 percent for 1986 and rise to 70 percent by 1991. Directs the Secretary of Health and Human Services to determine the poverty level for each State. Provides for increases in the Federal AFDC contribution to States increasing AFDC benefits. Revises provisions relating to dependent children of unemployed parents. Requires a State to make AFDC payments with respect to dependent children in two-parent families not otherwise eligible. Authorizes a State, with respect to making such payments, to establish appropriate work requirements and related registration and training requirements. Requires State plans to provide that at least one such parent: (1) register for manpower services, training, and employment, if either parent is required to register; and (2) participate in some State job search, training, or work program. Sets forth requirements relating to the provision day care and the payment of the minimum wage. Provides that the Federal AFDC matching rate shall be 75 percent with respect to families that include one or more dependent children. Directs the Secretary to make grants to assist States and localities to establish and carry out programs to: (1) reduce the rate of teenage pregnancies in AFDC families; and (2) help pregnant individuals and mothers of young children in such families, who might otherwise become long-term AFDC recipients, to achieve self sufficiency. Requires applications to be submitted for such grants. Sets forth program objectives and requirements. Provides that a grant shall be in an amount equal to two percent of a State's Federal share under part A of title IV or title XI. Requires reports concerning such grants from a State to the Secretary. Permits a State to transfer up to ten percent of its grant for use in encouraging programs to reduce welfare dependency. Authorizes appropriations. Redefines the term "aid to families with dependent children" so as to include a pregnant woman in any case where the child would be eligible for AFDC in the month of payment if such child had been born and was living with the mother in that month. Disregards the first $100 of unearned income, including payment of benefits under title II (Old Age, Survivors and Disability Insurance) of such Act, unemployment benefits, and child support payments. Requires a State to periodically reevaluate its AFDC needs standards. Requires a State to provide Medicaid eligibility for one year to an AFDC family following the family's removal from the State's AFDC plan. Permits a State to provide an additional year of Medicaid eligibility. Increases the amount of assets which a family may possess and still receive AFDC. Directs the Secretary to prescribe the type and allowable amounts of resources a family may own while eligible for AFDC. Prohibits including a home, burial plots, certain real property, and certain licensed vehicles as resources. Revises AFDC earned income disregards. Excludes the first $100 and one-fourth of other earnings. Limits the monthly child care disregard to $320 for a family. Directs the Secretary to: (1) notify all recipients of and applicants for benefits under title II of the Act of the availability of the supplemental security income program (title XVI of the Social Security Act); (2) notify all recipients of and applicants for SSI or AFDC of the availability of food stamps; (3) notify unemployment compensation benefit recipients of the availability of AFDC; and (4) notify food stamp recipients of the availability of AFDC. Increases the SSI benefit. Prohibits the reduction in OASDI widow's and widower's benefits which may occur after a beneficiary attains age 80. Provides for a Federal matching rate of 30 percent for SSI State supplementary payment increases made after May 22, 1985. Amends the Internal Revenue Code to: (1) provide for an increase in the earned income credit; (2) provide for the disregard of any needs-based governmental benefit in determining support and maintenance of a household; (3) provide for the disregard of any refund of Federal income taxes made because of the earned income credit for purposes of determining eligibility for or the amount of benefits under any Federal or State program which receives Federal funds; (4) provide for cost-of-living adjustments in the earned income credit; (5) extend and increase the targeted jobs credit; (6) include food stamp recipients as members of targeted groups; and (7) provide for an increase in the zero bracket amount for heads of households for taxable years beginning after 1985. Requires a State's Medicaid plan to cover SSI recipents.
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.
![Official portrait of Sen. Moynihan, Daniel Patrick [D-NY]](https://www.congress.gov/img/member/m001054_200.jpg)