United States · United States Congress · 19 September 1985
Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require, when student loan defaults reach certain levels: (1) the suspension or reduction of Federal capital contributions for FY 1986 and 1987 to the student loan fund of an institution of higher education under the direct student loan program; and (2) the suspension of a lender's eligibility under the guaranteed student loan program. Directs the Secretary of Education to report to the Congress, within one year after the enactment of this Act, on the effectiveness in reducing student loan defaults of such regulations requiring suspension (for a default rate above 25 percent) or reduction (for a default rate between ten and 25 percent) of Federal capital contributions to a school's student loan fund under the direct student loan program, including recommendations for further reduction of such defaults by extending such regulations beyond FY 1987 and/or other measures. Requires each guaranty agency having an agreement with the Secretary to provide information necessary to carry out the requirement of suspension of the eligible lender status under the guaranteed student loan program of any lender whose default rate exceeds 25 percent. Grants the Secretary specified authority for investigations or hearings to carry out such requirement. Authorizes the Secretary to lift such a suspension of eligibility upon determination that the lender has corrected the practices which led to the suspension.
United States · United States Congress · 18 September 1985
Amends the Atlantic Striped Bass Conservation Act to include the District of Columbia and the Potomac River Fisheries Commission as coastal States and the waters within their jurisdiction as coastal waters for purposes of the Act. Authorizes appropriations for such Act for FY 1986 through 1988. Makes such Act effective until the end of FY 1988. Extends the funding of striped bass studies under the Anadromous Fish Conservation Act to the end of FY 1988.
United States · United States Congress · 11 September 1985
Gifted and Talented Children and Youth Education Act of 1985 - Establishes a Federal gifted and talented education (GTE) program to improve the capability of State and local education agencies (SEAs and LEAs) and private nonprofit schools to: (1) identify gifted and talented children and youth; and (2) provide those children and youth with appropriate educational opportunities. Directs the Secretary of Education from specified sums appropriated under this Act and after consultation with the advisory committee established by this Act to make grants to or contracts with SEAs, LEAs, institutions of higher education, or other public and private agencies to assist them in carrying out authorized GTE programs or projects, including personnel or supervisory training. Sets forth authorized GTE programs and projects, including: (1) preservice and inservice training (including fellowships) for GTE personnel (including leadership personnel); (2) model projects and exemplary programs for identification and education, including summer programs and cooperative programs involving business, industry, and education; (3) strengthening SEA and higher education institutions' capability to provide leadership and assistance to LEAs and nonprofit private schools in planning, operating, and improving such programs; (4) technical assistance and information dissemination; (5) research on methods and techniques for identifying and teaching gifted and talented children and youth; (6) conducting program evaluations and surveys; and (7) developing information and analysis. Establishes the National Center for Research and Development in the Education of Gifted and Talented Children and Youth (the National Center) through grants or contracts with one or more higher education institutions or SEAs, or a consortium or combination of such institutions and agencies, to carry out clauses (5), (6), and (7) of the preceding paragraph. Requires the Director of the National Center to carry out such National Center functions as may be agreed upon through arrangements with other higher education institutions, SEAs, LEAs, or other public or private agencies and organizations. Limits to 30 percent of the funds for authorized programs and projects that portion which may be used to conduct activities pursuant to provisions relating to the National Center and its research, evaluation, and information functions. Directs the Secretary and the advisory committee established by this Act, in administering this Act, to give highest priority to programs for: (1) identifying and educating gifted and talented children and youth who may not be identified through traditional assessment measures (such as the limited-English speaking, economically disadvantaged, handicapped, and women); and (2) developing or improving the capability of schools in an entire State or region of the Nation, through cooperative efforts and participation of SEAs, LEAs, higher education institutions, and other public and private agencies and organizations (including business, industry, and labor) to identify and educate gifted and talented children and youth. Sets forth provisions relating to participation of private school children and teachers in programs under this Act. Directs the Secretary to appoint an advisory committee on GTE, with members representative of State education agencies, teacher education institutions, researchers, teachers, and parents. Directs the Secretary to establish or designate an administrative unit within the Department of Education to: (1) administer the programs authorized by this Act; (2) coordinate all GTE programs that the Department administers; and (3) serve as a focal point for national leadership and information on the educational needs of gifted and talented children and youth and the availability of services and programs to meet those needs. Requires that such administrative unit be headed by a person of recognized professional qualifications and experience in GTE. Authorizes appropriations for FY 1987 through 1991.
United States · United States Congress · 11 September 1985
Titanic Maritime Memorial Act of 1985 - Commends the members of the joint international expedition which discovered the Titanic. Directs the Administrator of the National Oceanic and Atmospheric Administration to develop guidelines governing the research, exploration, and, if appropriate, salvage of the Titanic, which: (1) are consistent with its historical and cultural significance; (2) promote the safety of those involved in such operations; and (3) recognize the sanctity of the Titanic as a maritime memorial. Directs the Secretary of State, in consultation with the Administrator, to negotiate an international agreement providing for international research, exploration, and, if appropriate, salvage of the Titanic consistent with the guidelines developed by the Administrator. Requires the Secretary, upon adoption of an agreement, to notify specified committees of the Congress and recommend implementing legislation. Expresses the sense of the Congress that pending adoption of an international agreement, all nations should comply with the guidelines established by the Administrator.
United States · United States Congress · 11 September 1985
Amends the Merchant Marine Act, 1936, to provide for the termination of a capital fund construction agreement entered into between the Secretary of Commerce and a corporation owning or leasing vessels eligible for such fund if the Secretary determines, after a hearing, that a hostile change in control of such corporation is inconsistent with the purposes of such agreement. Directs the Secretary to terminate such an agreement when a nonqualified withdrawal is made from such fund within three years after a hostile change in control, if the Secretary determines that the withdrawal is inconsistent with the purposes of such agreement. Imposes penalties for the termination of such agreements.
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 · 10 September 1985
Amends the Internal Revenue Code to provide that the tax treatment of loans with below market interest rates (i.e. the imputed interest rules) shall not apply to any obligation issued by the State of Israel.
United States · United States Congress · 4 September 1985
Enterprise Zone Development and Employment Act of 1985 - Title I: Designation of Enterprize Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Provides that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 100 nominated areas, by the later of a 24 month period or July 1, 1985 (one-fourth of which must be in rural areas). Limits the period during which such deisgnation shall remain in effect. Provides that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (with a population of at least 50,000) or 1,500 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, receiving commitments of private entities to assist employees and residents of the area, permitting State and local income tax deductions for fees for services performed by a nongovernmental entity formerly performed by a governmental entity, giving special preference to contractors owned and operated by members of a minority, and giving of surplus land in the enterprise zone to neighborhood organizations agreeing to operate a business on the land. Describes areas to which preference shall be given in deciding to designate enterprise zones. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Treats any area designated as an enterprise zone as a labor surplus area under Federal law. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three-year carryback and a 15-year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $17,500 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such economically disadvantaged credit. Disallows a deduction for the portion of the wages or salaries taken into account for such credit. Requires that where there is an early termination of employment by an employer in the case of qualified economically disadvantaged individuals, the tax for that taxable year in which the termination occurred must be increased by the tax credits allowed for such employees. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $10,500 in wages per year). Phases out such credit. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investments made in certain enterprise zone construction property located in enterprise zones. Limits such credit to ten percent for new enterprise zone construction property, including rental property. Requires that the property subject to such credit be located in an enterprise zone, be predominantly used in the zone, be either constructed, reconstructed, renovated, etc. during the period of zone designation or acquired during such period, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon the early disposition of the property. Provides for a phase-out of the enterprise zone tax credit as the enterprise zone ends. Provides for an adjustment to the basis of the enterprise zone construction property to reflect the enterprise zone tax credit. Subtitle C: Nonrecognition of Qualified Enterprise Zone Capital Gain Where Acquisition of Enterprise Zone Business Property - Provides for the nonrecognition of capital gain on the sale of property where within the one-year period beginning on the date of such sale qualified replacement property is acquired by the taxpayer, to the extent the gain from the sale does not exceed the cost of the replacement property. Defines "qualified replacement property" as any personal property used predominantly in an enterprise zone in the active conduct of a trade or business within the enterprise zone, any real property located in the enterprise zone used in the active conduct of a trade or business, or any corporation, partnership, or other entity if, for the three most recent taxable years of such entity ending before the date of the purchase of such interest, such entity was a qualified business. Sets forth special rules for the operation of this provision. Requires the basis of the replacement property to be reduced by an amount equal to the amount of gain not recognized on the sale of such other property. Extends the period for the statute of limitations relating to the assessment of tax with respect to the sale of property involving the nonrecognition provisions. Provides that the holding period for the qualified replacement property shall include the period for which the property sold or exchanged had been held as of the date of the sale or exchange. Subtitle D: Deduction for Purchase of Enterprise Stock - Allows a taxpayer to deduct the aggregate amount paid during the taxable year for the purchase of enterprise stock on the original issue of such stock by a qualified issuer. Limits the maximum amount of such deduction to $100,000 a year. Requires that the $100,000 limit must be allocated among the members of a controlled group. Requires the pro rata allocation of the $100,000 limit among the stock purchased where the aggregate amount of stock purchased exceeds the $100,000 limitation. Requires that the gain from the disposition of the stock shall be treated as ordinary income. Provides a formula for calculating such gain. Provides that interest is charged on the disposition of such stock if such disposition occurs before the end of the three-year period beginning on the date the stock was purchased. Provides that where an issuer ceases to be a qualified issuer of enterprise stock before the close of the fifth taxable year after the date the stock was issued, the taxpayer must include in income the amount of the deduction allowed with respect to such stock plus interest on the aggregate decrease in tax of the taxpayer resulting from the deduction allowed with respect to such stock. Sets forth special rules with respect to such stock. Requires the basis of such stock to be reduced by the amount of the deduction allowed with respect to such stock. Subtitle E: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle F: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone businesses which become worthless during the taxable year. Subtitle G: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases the tax credit for increasing research activities to 37 and one-half percent. (currently, 25 percent for research conducted in enterprise zones). Subtitle H: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Subtitle I: Regulations - Directs the Secretary of the Treasury to issue regulations to carry out the provisions of this Act not later than six months after the date of enactment. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act) and governments and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that, to the maximum extent practicable, foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 4 September 1985
Extends from September 30, 1985, to December 31, 1985, the deadline by which the Secretary of Transportation may approve route withdrawals and substitute mass transit projects with respect to routes which on May 12, 1982, were under judicial injunction prohibiting their construction (the Westway project in New York).
United States · United States Congress · 1 August 1985
Children's Television Education Act of 1985 - Amends the Communications Act of 1934 to require each television broadcasting station to broadcast a substantial amount of programming which: (1) serves the educational and informational needs of children who are 12 years old or younger; and (2) is reasonably scheduled throughout the week. Directs the Federal Communications Commission to designate for hearing any license renewal application by a television station if a petition for denial is filed alleging that the applicant has failed to broadcast a specific minimum amount of such programming. Provides that the burden shall be on the applicant to prove it has fulfilled its obligation to serve the child audience. Permits the Commission to dismiss a petition to deny an application for renewal only if it determines that the petition is frivolous. Requires the Commission's annual report to the Congress to: (1) list the television licensees whose licenses were renewed notwithstanding a failure to meet children's programming requirements, with an explanation of each such renewal; and (2) describe the implementation of this Act and its impact on children's programming. Directs the Commission to conduct and report to the Congress on an inquiry into program length commercials for which the primary audience is children who are 12 years old or younger.
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 · 1 August 1985
Amends Federal law to recodify, consolidate, and revise specified shipping and related maritime provisions regarding admiralty, maritime jurisdiction, and maritime liability. Reorganizes existing law regarding: (1) liability to individuals; (2) liability for personal property; (3) liability limitations; (4) commercial instruments and maritime liens; and (5) public vessels and goods. Sets financial responsibility requirements for specified kinds of vessels, including penalties for noncompliance. Provides for judicial review of attorney's fees in civil suits with respect to liability of vessels, owners, and other persons to individuals.
United States · United States Congress · 1 August 1985
Higher Education Disclosure Act - Requires any institution of higher education which is a direct or indirect recipient of Federal financial assistance to disclose grants from or contracts with a foreign source when such grants and contracts total over $100,000 during any 12-month period. Sets forth procedures and requirements relating to the contents of such disclosure reports to the Secretary of Education. Makes such reports accessible to the public. Allows civil actions to be brought to request restraining orders or injunctions commanding compliance with the requirements of this Act. Requires institutions which knowingly or willfully fail to comply with such requirements to pay the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement. Authorizes the Secretary of Education to promulgate regulations to carry out the ministerial duties imposed by this Act.
United States · United States Congress · 1 August 1985
Amends the Merchant Marine Act, 1936 to provide for the termination of a capital fund construction agreement entered into between the Secretary of Commerce and a corporation owning or leasing vessels eligible for such fund if the Secretary determines that a change in control of a corporation is contrary to the public interest. Allows any director of a corporation in office before a change in control to request the Secretary to hold a hearing to determine if the change is consistent with the purpose of the capital fund construction agreement. Authorizes the Secretary to terminate such agreement if, in the hearing, it is determined that such change in control is inconsistent with the purposes of the agreement. Directs the Secretary to terminate such an agreement when a nonqualified withdrawal is made from such fund within three years after a change in control, and a hearing determines that such withdrawal is not consistent with the purposes of the agreement. Imposes penalties for the termination of such agreements.
United States · United States Congress · 1 August 1985
Amends Federal law to recodify, consolidate, and revise specified shipping and related maritime provisions regarding maritime commercial instruments, maritime liens, and public vessels and goods (including actions by or against the United States).
United States · United States Congress · 1 August 1985
Amends Federal law to recodify, consolidate, and revise specified shipping and related maritime provisions regarding maritime liability for personal property and goods. Reorganizes existing law regarding liability for personal property and liability for transporting goods. Applies the United Nations Convention on the Carriage of Goods by Sea, 1978 ("Hamburg Rules") to any contract to transport goods by water to or from a place in the United States, effective upon the occurrence of specified contingencies.
United States · United States Congress · 1 August 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 · 31 July 1985
Law Enforcement Officers Protection Act of 1985 - Amends the Federal criminal code to define "armor-piercing ammunition." Excludes from the definition: (1) shotgun shot composed in order to comply with Federal or State law; (2) frangible projectiles for target shooting; (3) ammunition containing frangible projectiles; and (4) any ammunition or projectiles which the Secretary of the Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor-piercing ammunition. Allows: (1) the manufacture or importation of armor-piercing ammunition for the use of the United States or any State or local government; (2) manufacture for the sole purpose of exportation; or (3) manufacture or importation for the purposes of testing and experimentation authorized by the Secretary. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor piercing ammunition. Authorizes the Secretary to revoke a license from a dealer for violating this Act. Requires the Secretary of the Treasury to promulgate regulations allowing for special marking on armor-piercing communication and packaging. Establishes an additional mandatory sentence for any person who during and in relation to the commission of a violent crime carries a firearm and is in possession of armor-piercing ammunition capable of being fired by such firearm.
United States · United States Congress · 31 July 1985
Expresses the sense of the Congress that the Internal Revenue Code provisions dealing with the Puerto Rico and possession tax credit (allowing domestic corporations a tax credit if certain percentages of gross income are derived from sources within a possession or from the active conduct of a trade or business within a possession) should not be revised and should be allowed to continue to operate in their present form.
United States · United States Congress · 30 July 1985
Technology Education Act of 1985 - Defines "technology education" as a comprehensive educational process designed to develop a population that is knowledgeable about technology and its evolution, systems, techniques, utilization in industry and other fields, and social and cultural significance. Directs the Secretary of Education, subject to the availability of appropriations under this Act, to establish a program of grants to local educational agencies (LEAs), State educational agencies (SEAs), and institutions of higher education for demonstration programs in technology education for secondary schools. Sets forth grant application requirements. Directs the Secretary to consider equitable geographic distribution in making such grants. Permits such grants to be used to develop a model demonstration program for technology education with specified components. Includes among such components research and development of curriculum materials, an institute to develop teacher capabilities in technology education, and multidisciplinary teacher workshops for interfacing mathematics, science, and technology education. Limits the Federal share to 75 percent of the costs of programs or projects assisted under this Act. Directs the Secretary to disseminate the results of such programs or projects so as to improve the training of educational personnel. Authorizes appropriations to carry out this Act for FY 1987 and 1988.
United States · United States Congress · 30 July 1985
Comprehensive Nuclear Weapons Freeze and Arms Reduction Act of 1985 - Expresses the sense of the Congress that the President should immediately invite the Soviet Union to enter into negotiations with the United States which seek an agreement on a comprehensive freeze (a bilateral and adequately verifiable halt by the United States and the Soviet Union in all testing, production, and deployment of nuclear weapons systems). Declares the President should inform the Soviet Union of the U.S. intention to engage in a bilateral halt in the testing, production, and deployment of nuclear weapons systems. Expresses the sense of the Congress that: (1) both during and after negotiations for a comprehensive freeze the President should pursue reductions in nuclear arsenals; and (2) a comprehensive freeze is entirely consistent with, and an essential part of mutual stabilizing reductions in nuclear forces. Requires both the Senate and the House Intelligence Committees to begin oversight hearings on verification procedures for the comprehensive freeze. Sets forth which committees and subcommittees may have members participate in such hearings. Requires the Intelligence Committees to report to their respective Houses within six months of enactment of this Act on the adequacy of U.S. monitoring systems and existing procedures for verifying Soviet compliance with the comprehensive freeze. Requires the reports to include: (1) an assessment of the nature and extent of Soviet activities and installations involved in the testing, production, and deployment of nuclear weapons systems; (2) an assessment of current U.S. capabilities to monitor threatening changes in the status of Soviet nuclear forces under the comprehensive freeze; and (3) an assessment of additional monitoring systems and cooperative procedures that may be needed to increase monitoring confidence of compliance. Requires the Director of the U.S. Arms Control and Disarmament Agency to begin preparing an operational plan for implementation of the comprehensive freeze. Requires the Director to report to the Congress on the plan within nine months of enactment of this Act. Requires the report to specify: (1) procedures for the cessation of activities and closure or conversion of facilities affected by the comprehensive freeze; (2) a program for the retraining and re-employment of Government and defense industry personnel directly affected by the termination of nuclear weapons-related activities; and (3) a program of economic adjustment assistance for adversely affected communities. Directs the President to submit semi-annual reports to the Congress on: (1) the status of U.S. and Soviet negotiation efforts; (2) Soviet military activities relating to the testing, production, and deployment of nuclear weapons systems; and (3) any uncertainties concerning verification of the comprehensive freeze, the status of efforts to reduce those uncertainties, and the national security implications of those uncertainties. Imposes the following restrictions on nuclear testing, deployment, and production only if the Soviet Union, within a specified time, informs the President that the Soviet Union will observe a bilateral halt in the testing, production, and deployment of nuclear weapons systems. Prohibits obligating or spending appropriations for testing, producing, or deploying nuclear weapons systems, unless the Congress expressly provides otherwise. Allows the testing and deployment of specified nuclear missiles for a limited time. Sets forth the effective dates of such restrictions. Authorizes the President to request the Congress to remove the funding restrictions on the testing, production, and deployment of nuclear weapons systems only if the President certifies to the Congress that: (1) the Soviet Union has failed to demonstrate a restraint with respect to nuclear weapons systems which corresponds to the restraint being shown by the United States; or (2) continuation of the funding restrictions would cause significant and irreparable damage to U.S. national security. Provides for expedited congressional consideration of such a request by the President.
United States · United States Congress · 30 July 1985
Retirement Universal Security Arrangements Act of 1985 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to add a new title V, Retirement Universal Security Arrangements. Defines "retirement universal security arrangement" as a plan which: (1) is established and maintained after the effective date of this Act by a pension asset manager and explicitly provides that it is such an arrangement; (2) provides for one or more individual accounts maintained by the pension asset manager with respect to each participant; (3) provides expressly for the accumulation of contributions under such plan with respect to the participants for subsequent distribution to the participants or their beneficiaries upon death, disability, attainment of retirement age, or any other event specified in the plan; and (4) meets specified qualification requirements. Prohibits retirement universal security arrangements (such plans) from accepting contributions at any time at which any requirement is not met under such definition. Sets forth requirements for pension asset management (i.e. banks, savings and loan associations, insurance companies, or investment advisers which meet specified conditions). Provides, with specified exceptions, that such plans be treated as trusts which qualify under specified Internal Revenue Code provisions relating to deferred compensation plans and tax-exempt organizations. Set forth provisions for such qualification determinations by the Secretary of the Treasury. Provides that such plans be treated as a defined contribution plan for purposes of coverage under the plan termination insurance program under title IV of ERISA. Requires such plans to be operated for the exclusive purpose of: (1) providing benefits to participants and their beneficiaries; and (2) defraying reasonable administrative expenses, without administrative cost or service fees to employers making contributions. Requires such plans to provide nonforfeitability of participant or beneficiary rights with respect to accrued benefits. Requires such plans to provide at least three investment options (in individual or pooled arrangements) for participant contributions. Requires as one such option U.S. Government securities or securities insured by the United States or any Federal agency (which may include temporary investments in other forms of insubstantial amounts). Allows other options to include securities, annuities, guaranteed income contracts, federally insured deposits or accounts, certain endowment contracts, and other options not specifically excluded by the Secretary of Labor under regulations issued pursuant to specified provisions of this Act. Prohibits such plans from providing as an investment option: (1) collectibles; (2) life insurance contracts; (3) securities of a contributing employer for which there is no generally recognized market; and (4) such other options as the Secretary of Labor may exclude by regulation. Sets forth matters to be considered by the Secretary of Labor in developing such regulations. Requires such plans to provide for a procedure under which participants or their beneficiaries elect such investment options. Requires such procedure to provide for at least a semiannual opportunity during a seven-day period to revoke any such previous election and elect alternative or additional investment options. Provides for a default option for certain transfers. Makes specified ERISA provisions relating to assignment and alienation applicable to such plans. Sets forth additional definitions and rules of construction relating to such plans. Makes specified ERISA requirements relating to reporting and disclosure applicable to such plans. Requires, in addition, that certain information relating to such plans be annually provided to each participant and beneficiary automatically and without request. Requires such information to include material necessary to reasonably summarize the investment performance of such plans in connection with each investment option elected. Sets forth additional investment information requirements for summary plan descriptions and summaries of material modifications with respect to such plans. Authorizes the Secretary of Labor to prescribe additional alternative methods for satisfying such plans' requirements upon a determination that such method is consistent with the purposes of this Act and provides adequate disclosure to participants and beneficiaries and adequate reporting to the Secretary. Makes specified ERISA provisions relating to fiduciary responsibility applicable to such plans. Requires such plans to designate in writing their pension asset managers as fiduciaries. Makes ERISA enforcement provisions applicable to such plans. Sets forth requirements relating to contributions to such plans. Requires such plans to accept for deposit to the account of any participant specified types of: (1) participant contributions; (2) plan distributions; (3) direct transfers from other such plans and from any other plan described under specified deferred compensation provisions of the Internal Revenue Code which include a tax-exempt trust; and (4) employer contributions to such plans. Sets forth rules governing participant contributions to such plans. Permits such contributions in the form of: (1) transfers to the plan by an individual of a distribution which is not includible in gross income under specified types of deferred compensation plans; (2) payments treated as salary deductions under specified Internal Revenue Code provisions, but only up to $2,000 per calendar year and only if an equivalent or greater employer contribution is made; or (3) other payments by an individual which are in cash and not in excess of the amount allowable as a deduction under specified Internal Revenue Code provisions. Permits such plans to opt to accept transfers of nondeductible employee contributions from other such plans or other qualified plans. Requires such plans to grant a grace period for payment of participant contributions. Sets forth cross-references to the Internal Revenue Code for rules governing salary reduction treatment, deductibility, and sanctions relating to participant contributions to such plans. Sets forth rules governing employer contributions to such plans. Allows such contributions only if: (1) they are made on behalf of noncovered employees (i.e. those who have not accrued any benefits under certain described plans since two years before the calendar year for which the contribution is made); (2) specified participation requirements are met; and (3) the total amount of such contributions is determined in accordance with specified formulas. Sets forth certain exceptions with respect to: (1) plans of self-employed individuals; and (2) collective bargaining agreements relating to retirement benefits. Requires each employer making contributions to such plans to maintain and report categorized lists and other information relating to employees on behalf of whom such contributions are made. Declares that an employer shall not be considered to have established or maintained an employee benefit plan covered by title I of ERISA solely by reason of taking actions permitted under rules governing participant and employer contributions to retirement universal security arrangements (such plans). Provides that the foregoing declaration does not preclude an employee's right of action to compel delinquent contributions or to enforce specified requirements. Authorizes the Secretary of the Treasury to prescribe regulations permitting employers to meet specified requirements by making contributions to such a plan on behalf of all noncovered employees in the general workforce of an allowable subdivision of the employer. Sets forth cross-references to the Internal Revenue Code for rules governing the deductibility of employer contributions to such plans and sanctions relating to such contributions. Sets forth requirements relating to distribution of accrued benefits from retirement universal security arrangements. Sets forth several permitted retirement income forms for such distributions. Permits election of alternative retirement income forms only if certain spousal consent requirements are met. Sets forth cross-references to the Internal Revenue Code for sanctions governing early withdrawal other than in a retirement income form. Requires such plans to allow participants (or their surviving beneficiaries) to elect to transfer accrued benefits directly to another plan in lieu of a distribution. Requires that any exception to such requirement be expressly stated by such plans in specified documents. Sets forth cross-references to the Internal Revenue Code for provisions relating to such transfers. Provides that certain pension plan distributions which constitute transfers to retirement universal security arrangements (such plans) shall be exempt from specified ERISA provisions relating to: (1) the maximum allowable present value of a nonforfeitable accrued benefit which may be immediately distributed without the participant's consent; and (2) joint and survivor annuity and pre-retirement survivor annuity requirements. Requires that any distribution which would be subject to excise tax penalties but for its transfer to such plan must be transferred irrespective of any consent by the participant to any other manner of distribution. Allows pension plans, for purposes of determining the employees's accrued benefits, to disregard service performed by the employee with respect to which the employee has received such a distribution to such a plan. Title II: Conforming Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to add provisions which conform to the amendments to ERISA made by title I of this Act. Sets forth rules relating to retirement universal security arrangements (such plans). Treats participant contributions to such plans as salary reductions and taxes excess participant contributions in the same manner as applicable to individual retirement accounts or annuities. Provides for deductibility of employer contributions to such plans (treating them as defined contribution plans) and sets an excise tax on excess employer contributions. Provides for a tax on certain accumulations with respect to participant accounts under such plans. Makes other rules which are applicable to individual retirement accounts or annuities also applicable to participant accounts under such plans. Makes rules relating to early withdrawal which are applicable to simplified employee pensions also applicable to such plans with certain exceptions. Provides that direct transfers from such plans to other plans (or to individual retirement accounts or annuities under specified conditions) shall not be treated as distributions. Provides that certain rules for taxation of distributions shall not apply to distributions from such plans, except with respect to rollover amounts and direct plan transfers which are separately accounted for. Provides that specified principles relating to the return of excess contributions shall apply as an exception to the taxes on excess participant contributions to such plans. Sets forth cross-references to other Internal Revenue Code provisions for: (1) treatment of all participant contributions to such plans as amounts which may be rolled over from qualified trust to eligible retirement plans; and (2) deductibility of participant contributions to such plans. Sets forth cross-references to ERISA and other Internal Revenue Code provisions for special rules providing for qualification of such plans. Sets forth other cross-references and conforming amendments. Includes retirement universal security arrangements among eligible retirement plans to which rollover amounts may be transferred. Provides, under provisions relating to the taxability of the beneficiary of an exempt trust, for the portability of employee contributions which are transferred to such a plan in a direct transfer or within 60 days after the date on which the employee received the distribution. Treats certain participants contributions to such plans as deductible as qualified retirement contributions if made within a specified period. Imposes an excise tax on excess employer contributions to such plans. Sets such tax on the employer at five percent of the excess amount. Imposes an additional tax on the employer equal to 100 percent of the amount involved in any case in which the initial excise tax is imposed and the payment of such excess contributions is not corrected by the employer within a specified taxable period. Sets forth requirements similar to those under title I of this Act relating to pension plan distributions constituting transfers to retirement universal security arrangements.
United States · United States Congress · 30 July 1985
Pension Plan Reversion Moratorium Act of 1985 - Provides for a 270-day moratorium, beginning on June 12, 1985, on: (1) the Secretary of the Treasury's issuance of determinations of continuing qualification of certain retirement plans, under specified Internal Revenue Code provisions, upon actual or proposed plan terminations; and (2) the Pension Benefit Guaranty Corporation's issuance of notices of sufficiency of assets with respect to certain plans under specified provisions of the Employee Retirement Income Security Act of 1974. Makes such moratorium effective only in cases where plan termination has resulted or would result in an aggregate amount of reversions to employers in excess of $1,000,000. Sets forth the effects of such moratorium on declaratory judgments relating to qualification and on the period of issuance of a notice of sufficiency. Sets forth procedures under which the Secretary of Treasury may waive such moratorium in cases of substantial business hardship. Declares that such moratorium shall not apply to multiemployer plans.
United States · United States Congress · 30 July 1985
Elderly Crime Prevention and Victim Assistance Act of 1985 - Establishes in the Office of Justice Programs of the Department of Justice the National Resource Office Relating to Crimes Against Older Individuals. Provides for the appointment of an administrator from the employees of the Department of Justice to head such office. Requires the administrator to coordinate activities of the Department of Justice relating to training of law enforcement officers, financial assistance for older victims, compilation of statistical information, and research with regard to crimes committed against the elderly. Requires the administrator to: (1) establish a liaison with all Federal departments and agencies involved with programs for older persons who are or may become victims of crimes; (2) disseminate information regarding such programs and assistance; and (3) provide technical assistance to reduce or prevent the committing of crime against older individuals.
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 · 24 July 1985
Directs the Federal Communications Commission to modify the license of a specified radio station to authorize a named individual and company to own and operate such station, on its assigned frequency, for noncommercial radio broadcasting.
United States · United States Congress · 23 July 1985
Amends the joint resolution designating Captive Nations Week to add Russia, South Vietnam, Cambodia, Laos, Nicaragua, and Mozambique to the list of captive nations. Replaces language referring to "Communist imperialism" with language referring to "Soviet expansionism."
United States · United States Congress · 18 July 1985
Dropout Prevention and Reentry Act of 1985 - Amends the Elementary and Secondary Act of 1965 (ESEA) to add a new title X, the Dropout Prevention and Reentry Act of 1985. (Redesignates the current title X as title XI.) Authorizes appropriations for FY 1987 through 1990 for such new title X. Directs the Secretary of Education, from such title X funds for any fiscal year, to allot 20 percent to each of five categories of local educational agencies (LEAs) (based on total elementary and secondary school student enrollments). Directs the Secretary, from the amounts allotted to such categories of LEAs, to award as many grants as practicable within each such category to LEAs whose applications: (1) have been approved; and (2) propose a program of sufficient size and scope to be of value as a demonstration. Limits an LEA to no more than one such grant in each of three fiscal years. Requires the amount of a grant to be, to the extent practicable, proportionate to the extent and severity of the local dropout problem. Limits the amount of a grant to 90 percent of the total cost of a project during its first fiscal year, 80 percent in the second, and 70 percent in the third. Sets forth grant application requirements (including plans for addressing the needs of pregnant minors and school-age parents). Directs the Secretary to give first priority within each category of LEA to applicants with either very high numbers or very high percentages of school dropouts. Sets forth requirements for review of LEA second or third year projects. Requires such grants to be used to carry out plans set forth in the applications. Lists activities such grants may also be used for, including counseling, remedial education, work-study, community-organization service, curriculum review, and school staff training. Requires at least 30 percent of each grant to be used for dropout prevention activities, and another 30 percent for dropout reentry activities (i.e. persuading dropouts to return to school and assisting former dropouts with specialized services once they return to school). Directs the Secretary, from amounts appropriated to the Secretary for FY 1986, to use a specified limited amount to conduct a one-year study of the nature and extent of the dropout program. Sets forth requirements for such study, (including development of a model dropout information collection and reporting system and minimum reporting system requirements). Sets forth general provisions for title X, including provisions relating to withholding payments, annual reports, and audits. Requires that title X grants supplement other funds.
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 · 18 July 1985
American Passbook Savings Act of 1985 - Amends the Internal Revenue Code to exclude from gross income up to $5,000 ($10,000 in the case of a joint return) of interest earned on a savings account maintained in a bank, savings and loan, or similar institution.
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 · 11 July 1985
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to repeal the termination of hospice benefits under title XVIII (Medicare) of the Social Security Act.