United States · United States Congress · 23 September 1985
Commends U.S. financial institutions for recognizing the economic instability inherent in the system of apartheid. Urges such institutions to continue calling in loans to South African borrowers as they come due.
United States · United States Congress · 20 September 1985
Expresses the sense of the Congress that the President, if the Government of Mexico requests such assistance, should: (1) use existing funds available to the Department of State and the Agency for International Development, including the "borrowing" authority under the Foreign Assistance Act of 1961, to provide disaster relief for the victims of the earthquake in Mexico on September 19, 1985; and (2) submit a request to the Congress for the authorization and appropriation of such additional disaster assistance as may be necessary. Declares that the Congress will give expeditious consideration to any such request for disaster assistance to Mexico.
United States · United States Congress · 19 September 1985
Federal Employees Benefits Improvement Act of 1985 - Amends current law with respect to amounts held in contingency reserves under the Employees Health Benefits Fund to change from "employees" to "enrollees" those persons eligible for rebates from such reserves. Increases the maximum Government contribution for an enrollee in the Federal Employee Health Benefit Plan from 75 to 100 percent of the subscription charge. Reinstates contracting authority under the plan for health services for medically underserved populations. Eliminates the requirement of three medical specialties for group-practice prepayment plans. Directs the Office of Personnel Management (OPM) to report, by March 1, 1986, to the House Committee on Post Office and Civil Service and the Senate Committee on Governmental Affairs on: (1) the adequacy of current sources in assisting individuals in making an informed choice for a health plan; and (2) authorizing direct reimbursement for services provided by nonphysician health practitioners. Directs OPM to provide a three week period during which enrollees in health benefits plans may change or cancel their enrollments before any contract term in which the rates or benefits of a plan will change, a new plan will be offered, or an existing plan will be terminated. Authorizes an enrollee to transfer such enrollment at other times and under other conditions as prescribed by OPM. Authorizes Federal health plans to require a referral by a psychiatrist as a condition for reimbursement of clinical social workers. Prohibits such plans from requiring that services be performed under the supervision of a psychiatrist or other health practitioner. Expresses the sense of the Congress that: (1) Federal health plan participants should receive adequate insurance coverage for treatment of mental illness, alcoholism, and drug addiction; and (2) OPM should encourage participating plans to provide adequate benefits relating to such illnesses. Amends the Civil Service Retirement Spouse Equity Act of 1984 to make technical changes with respect to the applicability of survivor benefits. Directs OPM to prescribe regulations under which an employee or Member may designate a portion of such employee's annuity to be used as the base for the survivor annuity for a former spouse.
United States · United States Congress · 18 September 1985
Education Technology Act - Title I: Evaluations, Dissemination, and Instructional Models - Directs the National Institute of Education (NIE) and the National Science Foundation (NSF) to jointly: (1) evaluate available computer hardware and software in terms of its usefulness in the classroom; and (2) disseminate the results of such evaluation to State and local educational agencies (SEAs and LEAs). Requires, where appropriate, such evaluation to include assessment of the usefulness of computer hardware and software to serve the special needs of certain special populations described under title II of this Act and of the extent to which the software promotes computer use by students of both sexes. Directs NIE and NSF to carry out such evaluation and dissemination functions under grants to or contracts with non-Federal agencies and private nonprofit institutions or organizations. Authorizes appropriations for FY 1986 through 1995 to NSF and NIE for such purpose. Directs NSF to conduct, assist, and foster research and experimentation on, and dissemination of, models of instruction in the operation and use of computers, educational computer software, and curriculum materials. Requires that this be done through grants to or contracts with professional educational, scientific, or engineering organizations, science museums, regional science education centers, public television, SEAs and LEAs, and institutions of higher education, including community colleges. Directs the NSF, in selecting such entities for such grants or contracts, to give priority to those proposals involving specified types of programs (including, among others, programs involving computer libraries, networks, personal microcomputers, or video disc systems). Permits funds available under such grants or contracts to be used to acquire computer hardware and software and manuals for its use. Requires the NSF Director to: (1) report to the Congress annually on the results of such research and experimentation; and (2) in conjunction with NIE, take steps necessary to disseminate information concerning such results to SEAs and LEAs. Authorizes appropriations for FY 1986 through 1995 for such purposes. Subjects the authority to enter into contracts for such purposes to the availability of appropriations therefor. Title II: Teacher Training Institutes - Directs the NSF, with the cooperation of Federal and other appropriate agencies, to arrange for the development and operation of short-term or regular session institutes for advanced study to improve the qualifications of individuals who teach the operation and use of new and evolving technologies (or individuals who are preparing to do such teaching, or who supervise or train such teachers). Requires that this be done through grants to or contracts with the types of entities described under the provisions for research and experimentation in computer instructional models under title I of this Act. Sets forth provisions relating to special populations (as referred to under title I of this Act). Directs NSF, in making such teacher training grants or contracts, to give special consideration to institutes training teachers (or their supervisors or trainers) who are serving or preparing to serve in elementary and secondary schools enrolling substantial numbers of culturally, economically, socially, and educationally handicapped youth or in programs for children of limited English language proficiency. Requires training program applications to indicate that a portion of the funds will be used to instruct enrollees in methods to ensure equal access to and the use of the computer by students from underserved groups, including female students. Makes individuals who attend such teacher training institutes eligible to receive stipends. Authorizes appropriations for FY 1986 through 1995 to carry out this title. Title III: Acquisition of Computer Hardware - Directs the Secretary of Education to allocate assistance from funds under this title to LEAs for the acquisition of computer hardware for use in school classrooms. Directs the Secretary to allocate to SEAs, from five percent of the funds under this title, assistance for monitoring and enforcement. Bases the allocation to LEAs on the number of children aged five to 17 in their school districts, but reduces such allocations to the extent that such assistance has been or would be in excess of the amount necessary to acquire one unit of computer hardware for each 30 children in average daily attendance at an LEA's schools. Sets forth required contents of LEA applications for such assistance. Sets forth requirements relating to SEA approval of such applications. Sets forth State responsibilities, including State applications relating to such assistance, SEA hearings before final disapproval of any LEA application, general administrative responsibilities, and SEA reports to the Secretary. Sets forth requirements relating to the participation of children from private schools. Requires LEAs to provide for such participation, but allows the Secretary to waive such requirement and arrange for provision of such assistance directly, under specified conditions. Authorizes appropriations for FY 1986 through 1988 to carry out this title.
United States · United States Congress · 18 September 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 · 10 September 1985
Amends title XVIII (Medicare) of the Social Security Act to provide coverage for services performed by a physician assistant under the supervision of a physician.
United States · United States Congress · 1 August 1985
Amends the Federal Tort Claims Act to allow members of the armed forces serving on active duty or on full-time National Guard duty to bring claims for damages against the United States for personal injury or death arising out of medical or dental care furnished by a medical treatment facility operated by the military or the United States.
United States · United States Congress · 30 July 1985
Amends the Communications Act of 1934 to direct the Federal Communications Commission to: (1) establish regulations necessary to ensure access (currently, reasonable access) to telephone service by persons with impaired hearing; and (2) require that all telephones (currently, essential telephones) provide internal means for effective use with hearing aids specially designed for telephone use. Repeals a provision directing the Commission to consider the costs and benefits to all telephone users when making rules concerning telephone service for the disabled.
United States · United States Congress · 29 July 1985
States that the Congress: (1) reaffirms the Helsinki Final Act and the Madrid Concluding Document; (2) condemns Eastern Bloc violations of specified international human rights agreements; and (3) requests the President to direct the U.S. Department of State to convey U.S. concerns with regard to such violations to the Soviet Union and its allies. Calls upon the President to use every opportunity to stress the link between respect for human rights and the achievement of peace.
United States · United States Congress · 26 July 1985
Occupational Disease Compensation Act of 1985 - Establishes a Federal program for occupational disease compensation for the death or disability of workers or their dependents which is caused by work-related exposure to asbestos or to other toxic substances (to be designated later). Makes such compensation compulsory and nonelective and the claimant's exclusive remedy with respect to any employer, such employer's insurance carrier, or the collective bargaining agent of such employer's employee, and any employee, officer, director or agent of such persons. Provides that such compensation shall not constitute the exclusive remedy with respect to any "third party." Provides that these exclusive remedy provisions shall neither: (1) terminate any lawsuit pending on the effective date of this Act; nor (2) preclude such a suit after such date if the suit claims that the employer, with knowledge of the associated health hazards nonetheless intentionally or with reckless indifference exposes its employees to unsafe levels of asbestos or any other toxic substance or substances. Allows compensation claims under this Act for such death or disability occurring at any time prior to, on, or after the effective date of this Act. Requires compensation to be paid retroactively to the date of death or of onset of disability. Provides that, for purposes of claims relating to additional toxic substances designated under this Act, the "effective date of this Act" shall be construed to mean the effective date of such designation. Bars any third party or the Fund established under this Act from suing for indemnification, contribution, or other monetary damages against any party immune from suit by a claimant under this Act. Bars employers, insurance carriers, and the Fund from having a lien or any right of subrogation, upon any judgment rendered in any third party liability action brought by an employee or dependent. Provides, however, that any monetary benefits for death or disability received by the claimant in a third party liability action shall be reduced by the amount of any monetary benefits received under this Act. Makes this Act inapplicable to claims otherwise covered under the Longshore and Harbor Worker's Compensation Act (Longshore Act) or the Employers Liability Act. Provides that compensation under this Act shall cover death and total, partial, permanent, and temporary disabilities. Sets forth formulas for determining monetary benefits under this Act. Provides that for death benefits or total disability benefits shall be the greater of: (1) two-thirds of the employee's average weekly wage (up to 200 percent of the national average); or (2) four-fifths of the national manufacturing (or construction, if applicable) average weekly wage. Provides for distribution of death benefits to survivors. Provides that partial disability benefits shall be that portion of total disability benefits which is greater if determined: (1) from the degree of impairment; or (2) by the percentage reduction in physical capacity to engage in similar work. Provides for redetermination of such partial disability payments. Provides for medical benefits for all reasonable and necessary associated medical costs. Provides for monetary benefits for the death or disability of dependents (to be calculated on the basis of formulas similar to those described above, as applied to the dependent's wages). Provides for annual adjustments in monetary benefits, up to six percent per year, to reflect increases in the national average manufacturing or construction wage. Requires that any monetary benefits for death or disability under this Act be reduced by the amount of any monetary benefit received by a claimant at the same time under a State worker's compensation law or under the Longshore Act for a similar claim. Prohibits, except as otherwise provided in this Act, any maximum limitation on the total amount or duration of monetary benefits for death or disability or medical benefits (or their type or extent). Declares ineffective any comprise or release of monetary or medical benefits unless the Secretary of Labor (the Secretary) determines it is in the best interest of the claimant (and sufficient to provide for future medical care). Declares ineffective under any circumstances any waiver or release relating to future coverage or compensation under any State workers' compensation law or under this Act that is executed prior to the death or onset of disability resulting from any exposure to a toxic substance. Sets forth eligibility criteria for compensation. Requires the employee's work-related exposure to a toxic substance to have significantly contributed to or aggravated the disability or death of the employee or the employee's dependent. Sets forth presumptions with respect to claims of employees and dependents based on exposures to asbestos. Establishes a conclusive presumption that the following diseases result from exposure to asbestos: (1) mesothelioma of the pleura or peritoneum; (2) asbestosis; and (3) lung cancer in cases where evidence of certain asbestotic changes is presented or, in the absence of such evidence, where the claimant can establish a certain duration exposure (provides only a nonconclusive presumption in the absence of such evidence or duration). Sets forth various durations of exposure to asbestos which result in such conclusive presumption in lung cancer cases involving insulation workers, shipyard workers, chemical plant workers, and other workers. Provides that such presumptions shall not apply in cases of cancers occurring less than ten years after the employee or dependent was first exposed. Sets forth procedures for making claims. Requires filing of a claim with the appropriate Office of Workers' Compensation Programs within three years of the death or onset of disability with the following exceptions. Allows asbestos-exposure claims with respect to deaths or onset of disability which occurred prior to the effective date of this Act to be filed within two years after such date. Allows claims based on exposure to a toxic substance designated under procedures established by this Act to be filed within three years after the effective date of such designation. Provides that the time for filing a claim shall only begin to run when the employee is disabled or has died and the employee or claimant is aware or should have been aware through the exercise of reasonable diligence, of the casual relationship between the workplace exposure and the disability or death. Allows two years for filing after a disability becomes compensable, in those cases where a timely claim was filed before the disability was compensable. Prohibits any limitations on filing which are based on: (1) length of time since last employment or exposure, or (2) the exposure's duration or intensity. Sets forth procedures for claim adjudication. Provides for claim processing, investigation, and evaluation by the Office of Workers' Compensation Programs (the Office). Provides that the administrative law judges in hearings on such claims shall have the same powers as those under the Longshore Act. Allows disability awards to be made after the death of the disabled employee or dependent. Provides for referral of claims to another district of the Office for specified purposes. Sets forth provisions for appeals. Makes a compensation order effective on the date it issued, and final unless the claimant or the Secretary files a petition for review with the Benefits Review Board (the Board) within 30 days after such date. Sets forth evidence standards for such review. Makes any final order of the Board enforceable and reviewable in accordance with specified provisions of the Longshore Act. Establishes the Exclusive Federal Occupational Disease Workers Compensation Insurance Fund (the Fund). Directs the Secretary to administer the Fund in order to: (1) insure all employers and toxic substance market participants against liability for occupational disease and death resulting from occupational disease sustained by employees compensable under this Act; and (2) provide compensation and benefits to such employees and their dependents. Defines "toxic substance market participants" (participants) as present or former manufacturers, mine operators, processors, refiners, importers, distributors, or other enterprises (including growers, where appropriate) involved in the commercial or industrial production of: (1) asbestos; or (2) any toxic substance designated by the Secretary under this Act. Makes the Fund responsible for the payment of all compensation with respect to claims under this Act. Requires employers or participants to be insured by the Fund in order to be entitled to the limitations on liability provided under this Act. Directs the Secretary to determine and notify, by individual or general notice, all employers and participants required to become insured by the Fund. Allows any other employers or participants to petition the Secretary and, if approved, become insured by the Fund. Provides for establishment of Fund insurance premiums. Directs the Secretary to determine the annual aggregate of insurance necessary to cover anticipated claims for the following year and administrative costs. Directs the Secretary to use certain allocation formulas in determining the proportions of insurance premiums to be provided by employers and participants. Directs the Secretary to suspend, after notice and opportunity for hearing, Fund agreements with employers or participants if they fail to: (1) obtain and maintain Fund insurance; (2) pay the applicable premium; or (3) comply substantially with this Act or regulations promulgated under it. Authorizes the Secretary to: (1) bring civil actions in the appropriate U.S. district court to require employers or participants to obtain and maintain Fund insurance and to pay applicable premiums; and (2) assess civil penalties against employers or participants who fail to do so. Provides that the following entities are liable for and shall be insured by the Fund in the same manner as would have been payable by the prior operator of a toxic market substance participant with respect to its operations prior to January 1, 1940: (1) any person who on or after such date, has acquired or acquires that participant or substantially all its assets; and (2) any other entity which was the operator of such participant or the owner of its assets on or after such date. Makes a participant liable for the total amount of its liability for contributions under this Act without regard to whether: (1) it is or has been a debtor in a bankruptcy case; or (2) any plan, discharge, or judgment is or has been confirmed, granted, or entered in such case. Treats the successor corporation or other business entity from a reorganization, merger, consolidation, or division of a participant, or the parent corporation into which a participant has been liquidated, as the participant to which Fund provisions apply. Makes the Fund responsible for payment of an annual fee to the Secretary in an amount determined by the Secretary to represent the Federal administrative costs of operations necessary to establish and maintain the compensation and benefit system established under this Act. Sets the maximum amount of such fees at an amount equal to: (1) ten percent of the annual aggregate of coverage for claims payments (to be used to cover program administration costs); and (2) one percent of such annual aggregate (to be used for the research program on surveillance and medical treatment of occupationally-related diseases established under this Act). Sets forth provisions relating to compensation payments, their frequency and duration, information concerning them, their suspension, and penalties for late payments. Sets forth provisions relating to representation fees in claim cases under this Act. Provides for determination and payment of such fees and witnesses expenses. Sets criminal penalties for receipt of such fees or other consideration or gratuities without approval of the Office, the Board, or the appropriate court. Prohibits discrimination by any participant or other employer, insurance carrier, or other person against any employee because of: (1) claims filed under this Act; (2) proceedings brought under or related to this Act, or suits brought for damages resulting from occupational exposure to a toxic substance; (3) disability caused by such exposure; (4) previous employment with a toxic substance market participant; or (5) exposure or possible exposure to a toxic substance. Sets forth civil penalties for such discrimination, procedures for review of alleged discrimination, and requirements for reinstatement with back pay and benefits. Prohibits any provider or insurer of health care coverage from excluding from coverage any worker or family member on the basis of that person's inclusion in a population at risk. Directs the Secretary of Health and Human Services (HHS), in coordination with the Secretary, to conduct research into improving the means of: (1) surveillance of workers exposed to occupational health hazards; and (2) medical treatment of workers exposed to occupational hazards. Sets forth requirements relating to such research. Provides that all such research be conducted with funds available under provisions for Fund payment of administratives fees under this Act. Authorizes the Secretary of HHS, in carrying out such research, to engage the services of experts and consultants. Establishes regulatory procedures by which workers suffering from occupational exposure to other toxic substances (besides asbestos) may be brought under coverage by this Act. Directs the Secretary to promulgate and revise, as may be appropriate and in accordance with specified procedures, regulations providing that this Act may provide compensation to such workers. Establishes the Risk Assessment Panel, within the National Institute for Occupational Safety and Health, to review medical and scientific studies and reports relating to occupational diseases and to recommend inclusion of such exposure as compensable under this Act in accordance with specified guidelines for such findings. Requires the Panel to undertake as its first priority the designation of populations exposed to agents or processes for which there already exists a permanent standard issued under specified provisions of the Occupational Safety and Health Act. Requires the Panel to consider, act, and transmit to the Secretary their findings on these agents and processes within one year. Sets forth deadlines for Panel reports to the Secretary, the Secretary's publication for comment of proposed regulations, Panel review, and the Secretary's publication of final regulations. Requires the Director of the Office of Workers' Compensation Programs to establish a separate task force within that Office for administering claims filed under this Act. Permits eventual integration of the work of such task force with the remainder of the Office under specified conditions. Sets forth standards for review of Office orders under this Act by the Benefits Review Board. Sets forth administrative provisions for the Fund. Grants the Secretary the authority to bring an action in the proper U.S. district court to enjoin violations of this Act or of any rule or regulation under this Act. Directs the Secretary and the Risk Assessment Board to devise and implement a Federal uniform recordkeeping system, including, where appropriate and useful, registries of populations and individuals exposed to toxic substances and processes. Requires annual reports by employers for purposes of such recordkeeping program. Requires the Secretary to implement, directly and by grants to employer and employee groups, education programs on the rights and obligations of employers and employees under this Act. Directs the Secretary to support an Educational Advisory Committee with equal representation by the Secretary, employers, and employees to define guidelines and policy for such an education program. Requires that such grant applications be peer reviewed based on the system in place at the National Institute of Health. Sets forth separability provisions.
United States · United States Congress · 26 July 1985
Amends the Federal criminal code to make it a misdemeanor for any person to unlawfully conceal, take, steal or embezzle any flag of the United States. Prohibits any person from receiving or disposing of such a flag. Provides for a fine of not more than $1,000, or imprisonment for not more than one year, or both.
United States · United States Congress · 18 July 1985
Authorizes the President, on behalf of the Congress, to present a gold medal to Aaron Copland in recognition of his contributions to American musical composition. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 18 July 1985
Trade Emergency and Export Promotion Act - Declares that actions by the President, the International Trade Commission (ITC), the Secretary of the Treasury, the Secretary of Agriculture, and the U.S. Trade Representative (USTR) pursuant to this Act shall not be reviewable by any court, except for abuse of discretion. Title I: International Trade Actions and Agreements - Declares that a national emergency exists because of distortions and imbalances in trade and instability in exchange rates and that such emergency requires extraordinary measures, including action to: (1) restore the value of the dollar; and (2) either eliminate foreign unfair trade barriers or prohibit countries which employ such barriers from enjoying trade surpluses with the United States or increasing shares of world export markets. Authorizes the President to negotiate and enter into with any foreign country or entity agreements limiting the export from such country or entity, and the importation into the United States, of any article. Directs the USTR to initiate proceedings against Japan before appropriate international bodies in order to obtain authorization to take trade actions against Japan on the grounds that: (1) Japan has failed to comply with trade agreements entered into with the United States; and (2) Japan has adopted numerous domestic policies and practices that impair and violate such trade agreements and impede achievement of their objectives. Directs the USTR, with the cooperation of the Secretary of Agriculture, to initiate actions under all international trade agreements to which the United States is a party in order to take appropriate countermeasures against agricultural export subsidies provided by the European Communities and other countries which will be used to prevent: (1) injury to U.S. agricultural producers; (2) nullification or impairment of such trade agreements; and (3) serious prejudice to the United States. Authorizes the USTR to initiate actions against each foreign country (except Japan and the European Communities) or entity that was an excess worldwide trade surplus country or an excess bilateral trade surplus country for 1984 under all applicable U.S. laws and international agreements in order to: (1) enforce the rights of the United States under such international agreements; and (2) obtain the elimination of certain trade acts, policies, and practices of such countries or entities. Directs the USTR to explain in proceedings initiated under this title that the United States finds it necessary to take the actions provided in title II of this Act as interim measures pending the outcome of such proceedings in order to protect vital U.S. interests. Directs the Secretary of the Treasury to develop a plan to reduce fluctuations between currencies on foreign currency exchange markets. Sets forth characteristics of such plan. Title II: Interim Domestic Trade Actions to Respond to the Trade Emergency - Subtitle A: Stand-by Duties - Directs the ITC to determine annually each major exporting country's: (1) worldwide nonpetroleum export percentage; (2) bilateral nonpetroleum export percentage; (3) worldwide nonpetroleum trade surplus; (4) bilateral nonpetroleum trade surplus; (5) worldwide trade surplus limitation; and (6) bilateral trade surplus limitation. Requires the ITC to report annually to the President on: (1) the determinations on the trade of such major exporting countries; (2) the identity of each foreign country which was an excess worldwide trade surplus country or excess bilateral trade surplus country during the preceding year; and (3) whether or not standby duties should be imposed on imports from such countries. Requires the President, within 15 days of receiving such report to determine, with respect to each country identified as an excess worldwide trade surplus country or excess bilateral trade surplus country: (1) whether such country unfairly restricts or limits the access of imports to its markets; and (2) if the President determines that such country does restrict access to its markets, whether such restriction contributes to that country's trade surplus. Requires the President, if both such determinations are positive, to impose stand-by duties on all imports from such countries. Prohibits making such determinations or imposing such duties if the U.S. trade deficit divided by the U.S. gross national product is less than one and one-half percent. Requires the President to report to the Congress, within 15 days of receiving the reports on worldwide and bilateral trade, on the determinations made with respect to imposing stand-by duties. Declares that the rate of a stand-by duty shall be 25 percent ad valorem and that such duty shall be in addition to any other duties. Provides for the implementation of such duties. Requires all revenues from such stand-by duties to be allocated to the Public Debt Reduction Account in the Treasury. Expresses the sense of the Congress that all funds in such Account be used only to reduce the Federal debt. Directs the Secretary of the Treasury to report annually to the Congress on the revenue derived from such stand-by duties. Prohibits imposing stand-by duties on articles imported after April 30, 1992. Prohibits requiring reports and determinations on trade surpluses after April 1991. Subtitle B: Reports - Directs the President to report annually to specified congressional committees on the operation of this Act. Title III: Trade Law Reform - Amends the Trade Act of 1974 to transfer to the USTR from the President the authority to order import relief and the authority to extend tariff preferences. Amends the Tariff Act of 1930 to transfer to the USTR from the President the authority to approve or disapprove ITC actions to prevent unfair practices in import trade.
United States · United States Congress · 17 July 1985
Amends current law with respect to amounts held in contingency reserves under the Federal Employees Health Benefits Fund to change from "employees" to "enrollees" those persons eligible for rebates from such reserves.
United States · United States Congress · 16 July 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 · 16 July 1985
Children's Justice Act - Amends the Child Abuse Prevention and Treatment Act to authorize the Secretary of Health and Human Services to make additional grants to States for developing, operating, or implementing programs for: (1) handling child abuse cases in a manner to reduce trauma to the child (especially in sexual abuse cases); (2) successful prosecution or legal action against child abusers; and (3) protection of children from abuse. Makes a State eligible for such assistance if it establishes a multidisciplinary task force and adopts reforms recommended by such task force. Requires the task force to be comprised of professionals experienced in the criminal justice system. Requires a State to adopt reforms recommended by the task force in each of the three stipulated categories or submit a detailed explanation of the reasons for not carrying out such recommendations. Requires the Secretary, through the National Center on Child Abuse and Neglect, to: (1) compile, publish, and disseminate evaluations of the approaches utilized with respect to the investigation and prosecution of child abuse cases; (2) develop and disseminate model training materials and procedures to help insure that law enforcement, legal, judicial, and child welfare personnel are adequately trained to deal with child abuse victims; and (3) provide for support of research projects to assist in identifying effective approaches to achieving successful investigation and prosecution of child sexual abuse cases. Directs the Secretary, within two years, to review and evaluate the effectiveness of the activities carried out with the funds made available under this Act and report the results to the Congress. Requires the evaluation to be made available to State officials within 180 days after enactment of this Act. Authorizes appropriations. Directs the Attorney General, the Secretary of Health and Human Services, the Secretary of Education, and any other agency or department head designated by the President, to meet regularly to coordinate and prevent the overlap of programs that address child abuse. Requires the Secretary of Health and Human Services to report to the Congress on the coordination of Federal programs. Requires the Attorney General to modify the classification system used by the National Crime Information Center in its Interstate Identification Index, and by the Identification Division of the Federal Bureau of Investigation in its Criminal File and its Uniform Crime Reporting System, with respect to offenses involving the sexual exploitation of children. Amends the Public Health Service Act with regard to the confidentiality of patient records to provide that nothing in such section shall supersede any State or local requirement for the reporting of incidents of suspected child abuse to authorities.
United States · United States Congress · 16 July 1985
Federal Equitable Pay Practices Act of 1985 - Establishes the Commission on Equitable Pay Practices to determine whether the Government's position-classification system and prevailing rate system are designed and administered in accordance with the general policy that sex, race, and ethnicity should not be among factors considered in determining pay rates. Requires the Commission to conduct, by contract with a consultant selected under this Act, a study under which job-content analysis and economic analysis shall be applied to a representative sample of occupations in which: (1) either sex is numerically predominant; (2) any race is disproportionately represented; or (3) any ethnic group is disproportionately represented. Directs the Commission to report to the Congress and the President on the results of such study not later than 18 months after the Commission's date of establishment. Make sums appropriated to the Office of Personnel Management for general operating expenses available to carry out this Act.
United States · United States Congress · 16 July 1985
Authorizes the Secretary of the Interior to convey without consideration specified lands in Prince George's County, Maryland, to the Maryland-National Capital Park and Planning Commission for park and waterfront recreation purposes in accordance with a land use plan. Retains a right of reversion to the United States if such land is not used in compliance with such plan. Permits access to the owner of any proposed property development adjacent to such property, subject to specified conditions in the memorandum of understanding of May 7, 1985, if approved.
United States · United States Congress · 11 July 1985
Expresses the sense of the House of Representatives that the: (1) local field office structure of the Social Security Administration should be maintained, strengthened, and fully staffed; and (2) proper amount of administrative costs of such offices should approximate 1.5 percent of the costs of the social security benefit programs serviced by such offices.
United States · United States Congress · 11 July 1985
Calls upon the President to grant asylum in the United States to individuals who do not want to serve in the armed forces of South Africa because of the policy of apartheid.
United States · United States Congress · 10 July 1985
Urges the President to begin talks with the Soviet Union aimed at creating a jointly administered U.S.-Soviet student exchange program. Sets forth certain aspects of such exchange program.
United States · United States Congress · 27 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 Colleges 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 · 27 June 1985
Community and Family Living Amendments of 1985 - Amends title XIX (Medicaid) of the Social Security Act to require a State plan to provide a severely disabled individual who is entitled to medical assistance and who is residing in a family home or community living facility with an array of community and family support services which will provide for the health, safety, and effective habilitation or rehabilitation of such individual. Includes community and family support services for severely disabled individuals as "medical assistance" under Medicaid. Permits the inclusion of such services as medical assistance only if: (1) such services are provided to a severely disabled individual residing in a family home or in a community living facility; (2) such services are provided in accordance with an individually written habilitation or rehabilitation plan; and (3) the total amount of funds spent by the State from non-Federal funds for such services equals at least a specified base amount. Specifies services included and excluded as community and family living services. Requires a State, in order to receive payment for community or family support services provided, to: (1) enter into a community and family living implementation agreement with the Secretary of Health and Human Services; and (2) submit required reports to the Secretary. Requires a community and family living implementation agreement to include, among others, the following provisions: (1) community living facilities will not be unduly concentrated in any residential area; (2) all the staff of each facility must have appropriate training; (3) parents of the severely disabled will have training available; (4) case management; (5) an individual will reside as close to his or her family as possible; (6) hearing procedures for individuals who feel they have been inappropriately placed; and (7) suitable State supplementary payments as authorized under title XVI (Supplemental Security Income) of the Social Security Act. Requires such agreement to include other specified provisions with respect to severely disabled individuals living in residential facilities which are not family homes or community living facilities. Requires the agreement to include descriptions of methods to be used to achieve the following objectives: (1) to advise severely disabled individuals of alternative arrangements and services available to them, of their right to choose providers, and of their right to a fair hearing; (2) to assure fair and equitable provisions to protect the interests of public employees who will be affected by the transfer of severely disabled individuals from public institutions to community or family living facilities under the agreement; (3) to assure application of fair employment standards and equitable compensation to workers in facilities offering care and services for which payments are made under this Act; and (4) to assure timely submission of any reports required by the Secretary; and (5) to assure opportunities for participation by interested citizens in the development of the implementation plan or agreement. Sets forth provisions providing for: (1) auditing a State's compliance with this Act; (2) noncompliance; and (3) review by the Comptroller General. Includes, under Medicaid, within the definition of "intermediate care facilities" services in an institution for mentally retarded persons or persons with related conditions if: (1) the individual needs of each newly admitted individual are ascertained by an interdisciplinary team within 30 days; (2) the institution, if not operated by the State, has a written agreement with an appropriate State agency to cooperate in the implementation of the agreement. Limits, effective FY 2000, the amounts payable under Medicaid to any State for skilled nursing facility services and intermediate care facility services furnished to severely disabled individuals under age 65 in facilities having not more than 15 beds. Provides that such limitations shall not apply, if: (1) payments are for services for individuals in a facility which meets the size and location requirements for a community living facility; (2) payments are for services for individuals in a facility which was in operation on September 30, 1985, which has not increased the number of beds since September 30, 1985, and which has no more than 15 beds; (3) payments are for services for individuals in a cluster home; or (4) payments are for necessary therapeutic services which are not available in a family home or community living facility in the States. Reduces, effective FY 1988, the Federal medical assistance percentage for skilled nursing facility services and intermediate care facility services furnished to any severely disabled individual under age 65. Requires a State, in order to receive any payments for furnishing community and family support services, to have in effect a system to protect and advocate the rights of eligible severely disabled individuals which is in addition to any provided by the Federal Government as of September 1985. Permits an individual injured or adversely affected or aggrieved by a violation of the Community and Family Living Amendments of 1985 to bring an action to enjoin such violation. Requires a State's Medicaid plan to provide for the payment of community and family support services for severely disabled individuals through the use of rates which are reasonable and adequate to assure the provision of services of adequate quality. Permits a State to provide for the eligibility of any severely disabled individual for community and family support services if such individual spends at least five percent of his or her adjusted gross income for necessary medical care and for community and family support services. Provides that whenever an individual is receiving benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act on the basis of a disability which began before such individual attained the age of 22, and but for those benefits would be eligible under title XVI (Supplemental Security Income) of such Act for either SSI or State supplementary payments then such individual shall be deemed, for Medicaid purposes only, to be receiving SSI or State supplementary payments. Provides for the Medicaid eligibility of a severely disabled individual under age 65 who would otherwise be denied assistance because of earnings if termination of such eligibility would seriously inhibit the individual's ability to continue employment or effectively limit the individual's ability to live in a family home or community living facility and such earnings are not sufficient to provide benefits equivalent to SSI and Medicaid. Directs the Secretary to: (1) make assessments, conduct a study, and report to the Congress; and (2) issue regulations. Sets forth the effective date.
United States · United States Congress · 26 June 1985
Authorizes the Secretary of the Interior to erect a monument, given as a gift from Morocco in recognition of mutual friendship, on Federal land within the District of Columbia. Directs the Secretary, with the approval of the Commission of Fine Arts and the National Capital Planning Commission, to select a design and site for the monument. Directs the Secretary to maintain the monument. Makes the authority to erect the monument contingent on construction beginning within five years. Directs that U.S. funds may not be used to build the monument.
United States · United States Congress · 26 June 1985
Amends the Federal Aviation Act of 1958 to prohibit the purchase, lease, or acquisition of control in any manner of a substantial portion of an air carrier by the following persons: (1) any air carrier which is a debtor; (2) any person who is a debtor and controls an air carrier; (3) any person controlling an air carrier which is a debtor; or (4) any person who is a debtor and is substantially engaged in the business of aeronautics.
United States · United States Congress · 26 June 1985
Conrail Public Sale Act of 1985 - Title I: Amendments to the Regional Rail Reorganization Act of 1973 and the Northeast Rail Service Act of 1981 - Amends the Regional Rail Reorganization Act of 1973 to terminate the authority of the United States Railway Association (the Association) to purchase certain Conrail stock. Releases any Conrail director from liability for implementing in good faith the sale of the Federal interest in Conrail common stock . Directs the Secretary of Transportation to execute and deliver Purchase Agreements on behalf of the United States no later than ten days following the date of enactment of this Act. Prescribes guidelines for: (1) the sale of Conrail; (2) the cancellation of Conrail debt and preferred stock; (3) public interest covenants; and (4) accounting determinations. Makes Conrail responsible for funding all labor protection benefits after the closing date, and absolves the United States from any liability for such benefits after that date. Title II: Technical and Conforming Amendments and Repeals - Defines "Purchasers" to mean the investor group organized by Morgan Stanley and Company, Inc., to purchase the Federal interest in Conrail common stock as identified in the Shareholders Agreement. Defines "Shareholders' Agreement" as the agreement among the Purchasers, Conrail, and Morgan Stanley and Company, Inc. in the form filed with the Committee on Commerce, Science, and Transportation of the Senate. Title III: Revenue Provisions - Provides guidelines for the tax treatment of Conrail after the closing date. Specifies the earnings and profits which Conrail shall be deemed to have accumulated as of the closing date. Closes the Conrail taxable year upon the closing date. Title IV: Miscellaneous Provisions - Retains the common carrier status of Conrail after the sale. Provides that purchase of Conrail stock shall not be the sole basis of a determination that a purchaser has become a common carrier by railroad under Federal law.
United States · United States Congress · 26 June 1985
Expresses the sense of the House of Representatives that the President should negotiate a treaty with other democratic nations to prevent and respond to terrorist attacks. Provides that such treaty should incorporate: (1) an operative definition of terrorism; (2) integrated intelligence operations; (3) joint counterterrorist efforts; and (4) uniform laws on asylum, extradition and punishment.
United States · United States Congress · 25 June 1985
Child Care Opportunities for Families Act - Title I: Increasing the Supply of Child Care - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to increase the amount of appropriations authorized for FY 1985 through 1988 and succeeding fiscal years for title XX allotments to States. Reserves specified amounts from such title XX funds for FY 1986 through 1988 and succeeding fiscal years for use only for the provision of qualified child day care services. Directs the Secretary of Health and Human Services (HHS) to allot such reserved funds in the same proportions as regular title XX allotments. Defines qualified child day care services, for such purposes, as child day care services which are provided to: (1) children who are abused or neglected children, or at risk of being abused or neglected, or in families receiving child protective services; (2) children of eligible families who are recipients of aid to families with dependent children (AFDC); and (3) children (handicapped or nonhandicapped) of low-income parents (including legal guardians or primary caretakers) who are adolescents, or working, or enrolled in education or training programs, or seeking employment. Provides that such child day care services funds shall be: (1) only supplementary to funds from other sources (including other title XX funds); (2) separately accounted for in reports and audits; and (3) not transferable for purposes of other Federal block grant programs. Requires States, as a condition of eligibility for title XX block grants, to provide a State share of the total expenditures made by the State during any fiscal year (in cash or kind) for the provision of services directed at the goals set forth under title XX. Sets such State share to be provided from non-Federal public or private sources, at 25 percent of such total expenditures. Establishes a school-based early childhood education and child care services pilot program. Directs the Secretary of Education to make grants to States to assist local educational agencies (LEAs) to establish and expand such education and services for children aged four and five. Permits such pilot program funds to be used to: (1) extend half-day kindergarten to a full school day or typical working day to meet the needs of working parents; (2) contract with community-based child care organizations to provide part-day child day care to complement existing half-day or full school day school-based kindergarten or early childhood education programs; and (3) establish, or contract with community-based child care organizations to provide, pre-kindergarten or early childhood education programs and child day care services for children four years of age for a typical working day. Sets forth provisions for State applications for such pilot program grants, including requirements for: (1) State and LEA advisory panels; (2) encouragement of participation of severely handicapped children; and (3) priority consideration to programs serving substantial proportions of children from low-income families. Directs the Secretary of Education, in considering such applications to: (1) give preference to applicants whose programs provide services for the typical working day; and (2) ensure an equitable distribution of grants among States. Sets forth requirements for such pilot programs, including parent involvement, sliding scale fee scales, and no fees charged to families with incomes less than 150 percent of the poverty level. Sets forth matching requirements for such pilot programs. Limits the Federal share to 75 percent in the first year of assistance, 60 percent in the second year, and 40 percent in the third and any subsequent year. Limits administrative costs to five percent of the grant to the State or five percent of assistance to any LEA. Requires that at least ten percent of the total enrollment opportunities in each LEA in such pilot programs shall be available for handicapped children, with services to meet their special needs. Sets forth requirements for reports on, and evaluation of, such pilot programs. Defines community-based child care organization, for purposes of such pilot program provisions, as a private organization which is representative of the community and which has experience in providing child care services to low-income families. Authorizes appropriations for FY 1986 through 1988 for such pilot program of school-based early childhood education and child care services. Title II: Upgrading State Child Care Standards - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to add a further increase (above that already provided under title I of this Act) in the amount of appropriations authorized for Fy 1986 through 1988 and succeeding fiscal years for title XX allotments to States. Reserves specified amounts from such title XX funds for FY 1986 through 1988 and succeeding fiscal years for incentive grants to States for improvements in their child care licensing, regulatory, and monitoring systems. Directs the Secretary of Health and Human Services (HHS) to initially allot such reserved funds in the same proportions as regular title XX allotments. Requires that any remaining part of such reserved funds be used for making further grants to States which require additional assistance to carry out their State plans for such purpose. Requires that, for years after FY 1986, priority be given in distributing such additional funds to those States which have developed plans that will lead to their meeting or exceeding the recommended standards established by the National Advisory Committee on Child Care Standards pursuant to this Act. Requires 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 HHS. 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 HHS 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. Directs the Secretary of HHS, from the title XX funds reserved and allotted to the States for such purpose, to make incentive grants to assist States in carrying out their plans to correct deficiences in, or otherwise improving, the licensing, regulating, and monitoring of their child care programs. Requires that State applications for such grants include such plans. Requires a detailed explanation if the State plan omits carrying out any recommendation contained in the State advisory committee's report. Title III: Expanding Private Sector Initiatives - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program of grants to local private nonprofit organizations to improve and expand child care services in the community by establishing and administering community funds for child care, in partnership with private for-profit businesses. Requires that such grants be used to provide: (1) child care scholarships on a sliding fee scale for low-income families through vouchers or by purchasing slots in child care programs; (2) partial scholarships of such sort to families ineligible for child care under title XX of the Social Security Act and whose income does not exceed $30,000; and (3) loans and grants to local nonprofit organizations (especially those serving significant proportions of low-income children) for start-up or renovation costs for community child day care services. Sets the maximum Federal share of the cost of expenditures from such community funds at 50 percent in the first year of Federal assistance, 40 percent in the second year, and 25 percent in the third and any subsequent year. Sets forth grant application requirements, including: (1) establishment of local advisory boards; and (2) obtaining of at least half of the local share of such community funds from for-profit private businesses. Directs the Secretary of HHS, in considering such applications, to: (1) ensure an equitable distribution of assistance among States and among urban and rural areas; and (2) give preference to organizations that have received such assistance in the previous year. Sets forth requirements for annual reports, evaluations, and audits of such community child care funds. Authorizes appropriations for FY 1986 through 1988 for such community child care funds program. Title IV: Training Child Care Personnel - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to add a further increase (above that already provided under titles I and II of this Act) in the amount of appropriations authorized for FY 1986 through 1988 and succeeding fiscal years for title XX allotments to States. Reserves specified amounts from such title XX funds for FY 1986 through 1988 and succeeding fiscal years for use by States in providing child care personnel training and retraining (including training in child development and in prevention of child abuse in day care settings). Provides that such training may be given to: (1) providers of licensed or registered child care services; (2) operators and staffs of facilities where such services are provided; (3) State licensing and enforcement officials; and (4) parents. Gives priority in such training to infant care providers, family day care providers, and providers of care for children with handicapping conditions. Directs the Secretary of Health and Human Services (HHS) to initially allot such reserved funds in the same proportions as regular title XX allotments. Requires that any remaining part of such reserved funds be used for making further payments to States on the basis of their respective needs and other factors which the Secretary of HHS considers appropriate. Establishes a program of scholarships for low-income individuals who are candidates for the Child Development Associate (CDA) credential. Directs the Secretary of HHS to make grants to States to provide such scholarships. Requires that preference be given to scholarship applicants who are candidates for the CDA credential for work in: (1) a family day care setting with children who are not more than five years of age; or (2) a center-based setting with children who are not more than three years of age. Requires State grant applications to assure that: (1) each scholarship will cover all necessary costs incidental to receiving the CDA credential; and (2) the State will not expend more than five percent of the grant for administrative costs. Defines low-income individual, for such purposes, as one whose income does not exceed 185 percent of a specified poverty line. Amends title V (Teacher Corps and Teacher Training Programs) of the Higher Education Act of 1965 (HEA) to add a new part G, Training Personnel for Early Childhood Education. Authorizes the Secretary of Education to make grants to institutions of higher education to: (1) train personnel for careers in early childhood education and development; and (2) prepare professional personnel to provide such training. Directs the Secretary to ensure that such part G grant funds are equitably distributed by geographic region and between four-year and two-year institutions. Permits such grants to be used by the institutions: (1) to cover the cost of such courses of training or study; and (2) for scholarships to individuals who agree to be providers of early childhood education or child day care services for at least two years after completion of their academic program. Requires that such scholarships be awarded on the basis of need to full- or part-time students, with preference to be given to those preparing to work with children three years of age or younger or children with handicapping conditions. Sets forth reporting requirements for grant or contract recipients under part G. Authorizes appropriations for FY 1986 through 1988 to carry out such HEA title V part G grants program for training personnel in early childhood education. Authorizes appropriations for FY 1986 through 1988 to carry out such program. Amends the Omnibus Budget Reconciliation Act of 1981 to revise provisions for grants to States for planning and development of dependent care programs. Adds an authorization of appropriations for FY 1986 for allotments to States to carry out the family day care training and technical assistance grants program added by this Act. Prohibits a project under such program from duplicating any services already provided by the State or locality to be served. Permits such program funds for FY 1986 to be used for grants to eligible nonprofit community-based organizations to provide: (1) training to family day care providers and individuals involved in training such providers (including child development and infant care training); and (2) technical assistance to family day care sponsors, providers, and individuals involved in training such providers, on laws and regulations applicable to the provision of family day care services. Allows training and technical assistance relating to the provision of family day care for handicapped children to be included under such grants. Makes nonprofit community-based organizations eligible for such grants if they: (1) have experience with working with such providers; and (2) agree to give training and technical assistance to such providers serving low-income families. Defines family day care as the care of children provided outside their residences, for a fee and on a part-day basis, by an individual in that individual's residence. Title V: Child Care Services for Special Groups - Part A: Child Care Services for Low-Income Postsecondary Students - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to add a new part D, Higher Education Institution-Based Child Care Program. Authorizes appropriations for such new part D program for FY 1986 through 1990. Directs the Secretary of Education to use such part D funds to make grants to institutions of higher education to provide child care services to low-income students. Sets forth grant application requirements, including provision of assurances that: (1) at least two-thirds of program participants are low-income individuals who are first-generation college students; (2) the remaining participants are either low-income individuals or first-generation college students; (3) the participants require the services to pursue a successful education beyond secondary school; (4) participants are enrolled at the grant recipient institution; and (5) the institution will provide to participants market rate vouchers for child care in licensed or registered programs or purchase slots in such programs for use by participants. Limits institutional administrative costs to five percent of the program grant. Defines low-income individual as one from a family whose taxable income for the preceding year did not exceed 150 percent of a specified poverty level amount. Part B: Respite Care Demonstration Grants for Families with Special Needs - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program of grants to States to assist public and private agencies to provide in-home or out-of-home respite care for handicapped children and children with chronic or terminal illnesses. Requires that such care be provided on a sliding fee scale with hourly and daily rates. Directs the Secretary of HHS to establish a demonstration program of grants to States to assist public and private agencies to provide crisis nurseries (i.e. centers providing temporary emergency services and care) for children who are abused and neglected, at high risk of abuse and neglect, or in families receiving child protective services. Requires crisis nurseries to: (1) provide such services and care without fee for a maximum of 30 days; (2) provide referral to support services. Sets forth administrative provisions for applications and awards of grants for the demonstration programs under this part. Requires States receiving such grants to submit annual funded program evaluation reports to the Secretary of HHS. Part C: Comprehensive Service Centers - Directs the Secretary of HHS to establish a program of grants to State and local health departments and nonprofit agencies to establish and operate school-located comprehensive health service centers. Requires such programs to be administered through the health resources and services administration of the Department of HHS. Requires such centers to provide, or arrange for the provision of, comprehensive health care services, child care sufficient to enable a student to continue education or enter employment, family life and parenting education, and academic and employment counseling and placement. Makes such services available to any student, but requires that priority attention be given the needs of any student who is an adolescent parent, pregnant, or a potential dropout. Requires such programs to provide or arrange provision of: (1) such services on school campuses, to the extent practicable; and (2) transportation of students to and from agencies supplying such services, and of eligible adolescent parents and their children to and from child care services. Sets forth provisions for fee schedules for such services. Prohibits discrimination on the basis of inability to provide full payment for such services. Requires grant recipients to collect reimbursement, where possible, for the Medicaid and title XX child care services programs under the Social Security Act. Limits State or local administrative costs to ten percent, and Federal administrative costs to one percent, of program funds. Sets forth grant application requirements. Directs the Secretary of HHS, in reviewing such applications, to: (1) consider the equitable geographic distribution of grants among States, and among urban and rural areas; and (2) give preference to recipients who will provide services in schools with the highest adolescent birth rate and the highest concentrations of low-income students and potential dropouts. Requires that Federal funds for such programs be supplementary to State and local funds, and that such programs provide services which are in addition to, rather than in substitution for, comparable services previously provided without Federal assistance. Sets the maximum Federal share of assistance to a center at 100 percent in the first year, 75 percent in the second year, and 50 percent in the third and any subsequent year of assistance. Sets forth annual reporting requirements for grant recipients. Directs the Secretary of HHS, after the second year of such assistance, to provide for an independent evaluation of a representative sample of such programs. Defines comprehensive health care services to include: (1) primary and preventive health services, including prenatal, delivery, and postpartum care; (2) pregnancy testing and maternity counseling; (3) nutrition counseling and referral; (4) screening and treatment of sexually transmitted diseases; (5) appropriate pediatric care; (6) pediatric services for infants born to adolescents; (7) mental health services and referral; (8) family planning services; (9) dental services and referral; and (10) such other services as the Secretary of HHS provides by regulation. Defines child care services,for purposes of this part, as services that: (1) are provided by a school-based or community-based child care organization (2) at a minimum include the provision of child care services to any child of an adolescent parent from birth through age 30 months; and (3) meet applicable State licensing standards. Authorizes appropriations for FY 1986 through 1988 for the grants program for school-located comprehensive health service centers under this part. Part D: Child Care Expenses for AFDC Recipients - Amends Social Security Act provisions relating to aid to families with dependent children (AFDC) to allow an increased amount of child care expenses to be taken into consideration in determinations of AFDC eligibility.
United States · United States Congress · 25 June 1985
Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to enter into an agreement with any physician owing a past-due obligation because of a breach of contract by the physician under the National Health Service Corps Scholarship program. Requires the agreement to provide that: (1) deductions will be made from amounts owed the physician under the Medicare or Medicaid (title XIX of the Act) program until the past-due obligation has been repaid; (2) Medicare payments for services provided by such physician shall only be made on the basis of an assignment; and (3) if the physician does not provide services for which payment may be made under Medicare or Medicaid or if the physician breaches any provision of the agreement then the Attorney General shall sue the physician to recover the amount owed and the physician shall be barred from Medicare and Medicaid participation until the obligation has been repaid. Prohibits barring a physician if such physician is the sole community physician. Requires a State's Medicaid program to make such deductions from amounts otherwise payable. Provides, under the Public Health Service Act, for the collection of such past-due amounts through Medicare and Medicaid deductions.
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