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United States · Official source
2,523 records where Rep. Roukema, Marge [R-NJ-5] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 18 December 1985
Amends rule XV of the Rules of the House of Representatives to prohibit the House from passing or adopting any bill or joint resolution making appropriations or providing revenue except by a rollcall vote.
United States · United States Congress · 11 December 1985
Designates the month of May 1986 as Better Hearing and Speech Month.
United States · United States Congress · 10 December 1985
Calls upon the President to direct the Agency for International Development to work in a global effort to provide universal access to childhood immunization by 1990 by: (1) assisting in the delivery, distribution, and use of vaccines; and (2) performing and supporting research and development activities that will be targeted at developing new vaccines and at modifying existing vaccines to make them more appropriate for use in developing countries. Declares that the President should appeal to the public to provide the necessary resources to achieve universal access to childhood immunization by 1990. Amends the Foreign Assistance Act of 1961 to increase the authorization of appropriations for FY 1987 for the Child Survival Fund.
United States · United States Congress · 5 December 1985
Federal Incentives for State Health Care Professional Liability Reform Act of 1985 - Establishes a program to provide development and incentive grants to States for enacting medical malpractice liability reforms. Describes the reforms which must be in effect for States to receive incentive grants, including: (1) the manner of payment of damage awards exceeding $100,000; (2) a $250,000 limit on noneconomic losses; (3) the method for determining attorneys' fees; and (4) certain requirements regarding health care professional liability insurance. Requires each State receiving an incentive grant to prepare and transmit a report to the Secretary of Health and Human Services every two years describing: (1) State liability reforms enacted, adopted, or in effect; (2) activities conducted by the State with grants received under this Act; and (3) any current problems with respect to health care professional liability or health care professional liability insurance. Requires the Secretary to transmit periodic reports to the Congress summarizing the information provided by the States. Authorizes appropriations.
United States · United States Congress · 20 November 1985
Designates May 25, 1986, as Hands Across America Day. Authorizes and requests the President to commend: (1) United Support of Artists for Africa for their Hands Across America project; and (2) the American people for their commitment to helping people help themselves.
United States · United States Congress · 12 November 1985
Designates September 19, 1986, as National P.O.W./M.I.A. Recognition Day.
United States · United States Congress · 6 November 1985
Higher Education Amendments of 1985 - Title I: Amendment to Title I of the Act - Amends title I of the Higher Education Act of 1965 (HEA) regarding post-secondary programs for non-traditional students and the establishment and awarding of educational program and planning grants. Authorizes appropriations for FY 1987 through 1991 for such purpose. Amends provisions of HEA concerning the responsibilities of the Secretary of Education (the Secretary) in the evaluation of national education programs. Authorizes appropriations for FY 1987 through 1991 for such purpose. Title II: Amendments to Title II of the Act - Redesignates title II of HEA as: Title II: Academic Library and Information Technology Enhancement. Authorizes appropriations for programs under such title for FY 1987 through 1991. Authorizes the making of grants for the enhancement of college library resources. Repeals provisions concerning the making of special purpose grants. Establishes a grant program for supporting college library technology and developmental cooperation. Title III: Amendment to Title III of the Act - Amends title III of HEA in the area of institutional aid through grants and in increasing financial assistance to historically black colleges and universities. Authorizes the Secretary to award challenge grants to certain qualifying institutions. Reserves a specified sum of previously appropriated funds for the use of eligible institutions serving a high percentage of Hispanic, Black, and Native American students. Outlines application requirements for institutions requesting financial assistance. Authorizes appropriations for FY 1987 through 1991 to carry out programs under title III. Title IV: Revisions to Title IV of the Act - Part A: Revision of Part A of Title IV - Amends Part A (Grants to Students in Attendance at Institutions of Higher Education) of title IV (Student Assistance) of HEA to authorize the making of basic educational opportunity grants (Pell grants) to students in attendance at institutions of higher education. Sets out the amount of such grants for each qualifying individual. Authorizes a program of supplemental educational opportunity grants to qualified students demonstrating financial need. Authorizes appropriations for the making of such grants for FY 1987 through 1991. Outlines selection procedures for the awarding of such grants. Authorizes appropriations for FY 1987 through 1991 for the purpose of awarding grants to States to enable States to provide grants or State work-study jobs to eligible students attending institutions of higher education. Outlines application procedures for States applying for such grants. Authorizes the Secretary to provide special programs for students from disadvantaged backgrounds (including talent search, upward bound, student support services, educational opportunity centers, and staff development activities). Authorizes appropriations for 1987 through 1991 for such programs. Authorizes the establishment of a National Center for Postsecondary Opportunity to ensure the adequate availability of financial aid information. Maintains and expands secondary and postsecondary high school equivalency program and college assistance migrant program projects. Authorizes appropriations for FY 1987 through 1991 for such purpose. Establishes a Federal Merit Scholarship program. Authorizes appropriations for FY 1986 through 1988 for such program. Authorizes cost-of-education payments to institutions of higher education. Provides a formula for determining the amounts of such payments. Authorizes appropriations for FY 1987 through 1991 for the establishment of a veterans education outreach program which would authorize payments to institutions for each veteran enrolled at such institution and receiving veterans' educational assistance. Outlines provisions concerning eligibility for such payments. Authorizes the Secretary to make grants to institutions of higher education to provide special child care services to disadvantaged college students. Authorizes appropriations for FY 1987 through 1991 for such purpose. Part B: Revision of Part B of Title IV: - Amends part B (Federal, State, and Private Programs of Low-Interest Insured Loans to Students in Institutions of Higher Education) of title IV to replace it with a new part B (Guaranteed Student Loan Program). Prohibits discrimination by creditors lending credit under the guaranteed student loan program. Authorizes appropriations for: (1) the student loan insurance fund; (2) Federal payments to reduce student interest costs; (3) certain State and nonprofit private loan insurance programs; and (4) repayment of loans of bankrupt, deceased, or disabled borrowers. Outlines provisions concerning payments by the Secretary to the States of advanced funds for the establishment of State and nonprofit private loan insurance programs. Sets forth provisions concerning Federal loan insurance. Authorizes the payment of Federal interest subsidies to reduce student loan interest costs. Outlines qualifications for students receiving such subsidies. Authorizes payments by the Secretary for the provision of lender referral services for students. Authorizes appropriations for the making of such payments for such referral services. Authorizes the provision of supplemental loans to students and loans to parents of students. Authorizes the provision of consolidation loans to students for consolidation of all student loans made. Outlines qualifications for students receiving such consolidation loans. Provides procedures in the event of default by a student on any loan covered under the Federal loan insurance program. Directs the Secretary to exchange information with credit bureaus and institutions of higher learning for the purpose of promoting responsible repayment of loans under the Federal loan insurance program. Establishes a student loan insurance fund for use by the Secretary in making payments on defaulted loans under the Federal loan insurance program. Requires lenders who provide loans under the loan insurance program to provide thorough and accurate loan information concerning such loan to the borrower. Authorizes Federal credit unions to participate in Federal, State, and private student loan insurance programs. Authorizes the government of the District of Columbia to establish a student loan insurance program. Authorizes repayment by the Secretary of loans of bankrupt, deceased, or disabled borrowers. Establishes the Student Loan Marketing Association (the Association) to serve as a secondary market and warehousing facility for student loans. Authorizes appropriations to establish the Association. Outlines organizational rules, powers, and authorities of the Association, as well as actions to be taken by the Association in securing student loans. Requires certain studies of: (1) multiple-year lines of credit; and (2) multiple disbursement. Part C: College Work-Study Amendment - Authorizes appropriations for FY 1987 through 1991 for the provision of work-study programs for students at eligible institutions. Authorizes the Secretary to make grants to eligible institutions for the operation of such work-study programs. Provides for the establishment of work-study programs whereby students perform community services specifically designed to aid low-income individuals and families. Part E: Perkins Loans - Authorizes appropriations for FY 1987 through 1991 and directs the Secretary to carry out a program for the making of low-interest, direct loans (Perkins loans) to students in order to pursue their courses. Authorizes additional appropriations for FY 1991 through 1996 to enable students to continue or complete their studies. Allocates appropriated funds among fiscal years. Provides procedures for determining an institution's need for the services of Perkins loans. Outlines provisions to be included in agreements with institutions of higher learning for the payment of Federal capital contributions to student loan programs. Requires institutions to provide adequate loan information on any loans made to borrowers under such program. Outlines the terms of such loans. Authorizes the cancellation of loans for certain public service performed (e.g., teaching, or as a member of the armed forces). Provides for the collection of defaulted loans by the Secretary. Part F: Need Analysis - Adds a new part F to title IV relating to need analysis (i.e. an analysis of the amount of financial assistance needed by students in order to attend institutions of higher education). Provides for the determination of the expected family contribution to a dependent student's educational costs, based on available income. Provides various tables to assist in the determination of available income. Provides a computation of the family contribution for independent students without dependents, and for such students with dependents. Provides adjustments to such need analysis for purposes of the Pell grant program. Part G: Revision of General Provisions - Defines "institution of higher education" for purposes of eligibility under certain aforementioned grant programs. Provides a master calendar containing deadline dates for applications, forms, and fund distributions required under the various grant programs. Outlines student eligibility requirements for receiving grants, loans, or work-study assistance. Requires participating institutions of higher education to disseminate information concerning the institution and all financial assistance available. Authorizes the Secretary to enter into contracts to provide training in the administration of financial aid and student support services. Authorizes appropriations for FY 1986 through 1991 for such purposes. Establishes an Advisory Committee on Student Financial Assistance to provide advice and counsel to the Congress on student financial aid matters. Directs the Secretary to survey student aid recipients for the purpose of collecting and disseminating certain student aid information. Title V: Amendment to Title V of the Act - Amends title V (Teacher Corps and Teacher Training Programs) of HEA to replace it with a new title V (Educator Recruitment, Retention, and Development). Authorizes appropriations for FY 1987 through 1991 for and establishes programs in: (1) excellence in teacher education programs; (2) school, college, and university partnerships; (3) professional development and leadership programs; (4) teacher scholarships and fellowships; and (5) research and data collection. Authorizes the Secretary to make grants to institutions of higher education to provide institutional support for teacher education programs. Outlines the requirements for such program. Directs the Secretary to make grants to institutions of higher education for midcareer teacher training. Outlines the requirements for such program. Authorizes the making of partnership agreements between eligible institutions of higher education and local education agencies in order to receive grants from the Secretary for the purpose of enhancing local academia. Outlines application requirements for such grants. Authorizes the Secretary to award four grants for pilot community college partnership projects. Outlines requirements. Establishes teaching academy demonstration projects in order to provide more effective instruction and guidance in the development of teaching skills through the creation of internships for beginning teachers. Outlines requirements for grant recipients. Authorizes the Secretary to make grants to establish professional development resource centers for teachers. Outlines grant requirements. Requires each such center to be planned and operated by a professional development policy board. Directs the Secretary to enter into contracts for the establishment and operation of technical assistance training centers in each State. Outlines general criteria for such contracts. Authorizes the Secretary to make grants to State educational agencies to enable such agencies to support a fellowship program for teachers to be trained to provide special education for handicapped children. Sets out application requirements and other conditions of such grants. Authorizes the Secretary to allocate grants to each State for the purpose of awarding Congressional Teacher Scholarships to high school students in such State. Outlines application requirements and selection criteria. Authorizes the Secretary to award one national talented teacher fellowship to a public or private school teacher in each congressional district of each State, and one in each of the territories and possessions of the United States. Outlines application requirements and selection criteria. Authorizes the Secretary to utilize specified legislative authority to assess annually the current and future supply and demand for teachers. Authorizes the Secretary to award grants to institutions of higher education for the conduct of research consistent with the collection of such information. Requires institutions of higher education or other entities in any State, in order to be eligible for teacher training assistance under HEA for any fiscal year after FY 1986, to establish a State task force on teacher training. Outlines organizational rules, powers, and functions of such task forces. Extends through October 1, 1991, the authorization of appropriations for the making of grants to the Robert A. Taft Institute of Government in New York. Title VI: Amendments to Title VI of the Act - Amends title VI (International Education Programs) of HEA to replace it with a new title VI to authorize the Secretary to make grants to institutions of higher education for the purpose of paying stipends to individuals undergoing advanced training in foreign language training programs or foreign studies programs. Authorizes the Secretary to make grants for the establishment, operation, and strengthening of foreign language resource centers. Outlines activities to be carried out by such centers. Authorizes the Secretary to make grants to establish intensive summer language institutes. Authorizes appropriations for FY 1987 through 1991 for such programs. Authorizes appropriations for FY 1987 through 1991 for the making of grants by the Secretary to educational institutions or libraries for the purpose of acquiring periodicals published outside the United States. Authorizes appropriations for FY 1987 through 1991 for certain business and international education programs. Directs the Secretary, at least two times each year, to convene an advisory board on the conduct of programs under Title VI of the Act. Title VII: Amendment to Title VII of the Act - Directs the Secretary to carry out programs of financial assistance to institutions of higher education and to higher education building agencies for the construction, reconstruction, or renovation of academic facilities in order to bring such facilities in conformity with specified housing and environmental laws and regulations. Requires States, in order to receive grants for the construction, reconstruction, or conversion of undergraduate academic facilities, to submit annually to the Secretary a State plan containing specified standards and procedures to be followed concerning the allocation of grant funds received by the States. Outlines criteria and allotment procedures. Authorizes appropriations for FY 1987 through 1991 for such purpose. Directs the Secretary to make grants to graduate institutions of higher education which meet application requirements. Authorizes appropriations for FY 1987 through 1991 for such purposes. Directs the Secretary to make and insure loans to institutions of higher education and to higher education building agencies for the construction, reconstruction, and renovation of academic facilities. Provides the terms for such loans. Establishes in the Treasury a revolving loan fund for the purpose of making and insuring such loans. Authorizes appropriations for FY 1987 through 1991 for such purposes. Authorizes the Secretary to make annual interest grants to institutions of higher education and higher education building agencies to reduce the cost of borrowing from other sources for construction, reconstruction, and renovation projects. Sets limits and requirements for such grants. Authorizes the Secretary to provide financial assistance to Eastern Michigan University in Ypsilanti, Michigan, for the purpose of the renovation and restoration of Welch Hall. Authorizes appropriations. Authorizes the Secretary to provide financial assistance to the Rochester Institute of Technology in Rochester, New York, to pay the Federal share of the cost of construction of a specified facility. Authorizes appropriations. Authorizes the Secretary to provide financial assistance to Shaw University of Raleigh, North Carolina, for the purpose of the renovation and restoration of Estey Hall. Authorizes appropriations. Provides for recovery by the United States of payments made for the cost of construction, reconstruction, and renovation of academic facilities. Title VIII: Amendment to Title VIII of the Act - Authorizes appropriations for FY 1987 through 1991 to enable the Secretary to make grants to institutions of higher education for the planning, establishment, and expansion of cooperative education programs. Outlines application procedures for such grants, and sets forth grant limitations. Title IX: Amendment to Title IX of the Act - Directs the Secretary to make grants to public and private, nonprofit higher education institutions for the purpose of enabling under-represented minorities to participate in graduate studies. Outlines application requirements. Directs the Secretary to award a one-year graduate fellowship to each student (known as a Patricia Roberts Harris Fellow) who completes a specified undergraduate internship program. Directs the Secretary to make grants to institutions of higher education to enable such institutions to offer grant programs of post-baccalaureate study leading to a graduate or professional degree. Outlines grant requirements. Authorizes the Secretary to award not more than 450 national graduate fellowships per year in accordance with specified guidelines. Directs the President to appoint a National Graduate Fellows Program Fellowship Board to establish the policies of such program and select the fellowship recipients. Outlines organizational rules for such Board. Directs the Secretary to make grants to academic departments and programs that provide courses of study leading to a graduate degree in areas of national need. Sets out eligibility and application requirements. Authorizes the Secretary to make grants or enter into contracts with public and private agencies and organizations in order to assist individuals from disadvantaged backgrounds to undertake training for the legal profession. Authorizes the Secretary to enter into grants or contracts with accredited law schools for the purpose of paying up to 90 percent of the cost of legal clinical experience programs at such law schools. Authorizes appropriations for FY 1987 through 1991 for the aforementioned programs under Title IX of the Act. Title X: Amendment to Title X of the Act - Authorizes the Secretary to make grants to and contracts with institutions of postsecondary education in order to improve postsecondary educational opportunities by taking specified actions. Establishes a National Board of the Fund for the Improvement of Postsecondary Education to act in an advisory capacity in the determination of postsecondary education grant recipients. Authorizes appropriations for FY 1987 through 1991 for the purpose of making such grants. Directs the Secretary to make grants to institutions of higher education that are designed to effect long-range improvement in science and engineering education at predominantly minority institutions and to increase the participation of underrepresented ethnic minorities in scientific and technological careers. Authorizes the Secretary to make grants for the establishment of programs in: (1) minority support in science and engineering; and (2) special service projects. Outlines eligibility and application requirements. Establishes an Advisory Board for the Minority Science and Engineering Improvement Programs to act as an advisory group to such programs. Authorizes appropriations for FY 1987 through 1991. Title XI: Amendment to Title XI of the Act - Amends title XI (Urban Grant University Program) of HEA to replace it with new title XI (Community Partnerships and Economic Development) to direct the Secretary to make grants to urban universities to pay the Federal share of the cost of programs designed to address urban issues. Outlines grant application requirements and grant limitations. Authorizes Federal assistance in the areas of higher education and economic development through the use of planning and research, resource exchange, and certain authorized special projects. Outlines eligibility and application requirements. Authorizes appropriations for FY 1987 through 1991 for carrying out the purposes of this title. Provides assistance to the City University of New York to establish an institute devoted to the study of urban public policy, to be known as the Robert F. Wagner, Sr. Institute of Urban Public Policy. Authorizes appropriations for such purpose. Title XII: Amendments to Title XII of the Act - Revises provisions concerning the treatment of U.S. territories and student assistance to such territories. Extends from 1986 to 1992 the National Advisory Committee on Accreditation and Institutional Eligibility. Revises provisions concerning the disclosure by educational institutions of any foreign gifts or grants received. Requires educational institutions to take steps to guarantee the future payment of tuition and fees to such institution by students who are foreign nationals (and not admitted to permanent residence in the United States).
United States · United States Congress · 30 October 1985
Amends the Foreign Assistance Act of 1961 to provide that funds made available for family planning programs may only be used for programs: (1) in which there is not any element of coercion of individuals to practice family planning or to accept any particular method of contraception; (2) which include an accurate description of the effectiveness and risks of all major methods of family planning; and (3) which include an agreement to provide either other family planning methods if requested or referral to programs offering other methods as appropriate.
United States · United States Congress · 24 October 1985
National Commission on Classified Information and Security Clearance Procedures - Establishes the National Commission on Classified Information and Security Clearance Procedures to investigate: (1) standards and procedures used by Federal authorities to issue security clearances and classify information; (2) procedures used to ensure that persons with a security clearance continue to meet required standards; (3) the extent to which current standards and procedures cause the classification of more information than required by national security; and (4) the dangers to national security by the growth in the number of persons holding security clearances. Directs the Commission to recommend to each branch of the Federal Government uniform standards and procedures for issuing security clearances, classifying documents, and ensuring that a security clearance continues to meet required standards. Makes provisions of the Federal Advisory Committee Act inapplicable to the Commission. Requires the Commission to make a final report to the President, the Congress, and the Supreme Court not later than one year after appropriations are first made for the Commission. Allows the restriction of public access to Commission documents. Terminates the Commission 30 days after submission of the final report.
United States · United States Congress · 24 October 1985
Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 23 October 1985
Designates the week beginning on May 11, 1986, as National Asthma and Allergy Awareness Week.
United States · United States Congress · 16 October 1985
Depository Institution Examination Improvement Act of 1985 - Redesignates the Financial Institution Examination Council as the Depository Institutions Examination Council. Requires the Council to devise a Federal examiner classification system and, for each of 12 districts approximating the districts of the Federal depository institutions regulatory agencies (regulatory agencies), a regional pay scale in order to provide Federal examiners with compensation and benefits commensurate with private sector accountants and auditors who perform similar functions in such districts. Directs each regulatory agency and each regional bank, branch, or office of such agency to assign and pay examiners accordingly. Directs the Council to prescribe methods of determining travel allowances and pay rates for temporary assignments of examiners. Exempts from Federal laws and regulations applicable to Government employees the officers and employees of the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, and the National Credit Union Administration. Exempts such entities, the Council, Federal reserve banks, and Federal Home Loan Banks from Federal laws and regulations providing for budget and appropriation review and provides that certain assessments received by such entities shall not be considered Government funds or appropriated money. Subjects such entities and banks to audit by the Comptroller General. Repeals authority of the Secretary of the Treasury over the Comptroller of the Currency and staff. Authorizes each regulatory agency to establish procedures for transferring employees affected by this Act out of the civil service and for providing fair and equitable compensation and reimbursement to such employees for any resulting loss of benefits. Directs the Council to: (1) develop a proposal for consolidating all Federal examiner training programs in one school to be established and conducted by the Council; and (2) report to specified congressional committees on its findings, legislative recommendations, and the savings to the regulatory agencies that would result from such consolidation. Requires the Council to: (1) study the feasibility of establishing a graduate degree program in financial management analysis for officers and employees of the regulatory agencies and the State depository institutions supervisory agencies (State agencies); and (2) report to specified congressional committees on its findings, legislative recommendations, the cost of establishing and conducting the program, and on the approval or disapproval by each regulatory agency of the Council's proposal for such program. Requires the Council to establish minimum requirements for examinations of depository institutions by State agencies in order for such an examination to be acceptable for purposes of Federal law. Directs the Council: (1) at least annually, to request each State agency which examines institutions subject to Federal examination to allow the Council to review its examination methods; (2) to notify a State agency if its examination methods do not satisfy such minimum requirements and allow the agency not more than three years to cure any deficiency; and (3) notify each Federal regulatory agency if a State agency refuses to allow a review of its examination methods or fails to remedy any deficiency in its methods. Prohibits any Federal regulatory agency or any regional bank, branch, or other office of such Federal agency to rely on any report of examination by a State agency for which such a notice has been received to fulfill an examination requirement under Federal law. Requires the Council to establish a State examiner certification program and to evaluate State examiners for certification at the request of a State agency.
United States · United States Congress · 16 October 1985
Declares that the Congress: (1) condemns the hijacking of the Achille Lauro and the murder of Leon Klinghoffer; (2) commends the President and others who assisted in the apprehension of the perpetrators of such hijacking and murder; and (3) calls on all governments having jurisdiction over such matter to ensure that the individuals responsible for such hijacking and murder are prosecuted and punished. Expresses the sense of the Congress that the President should convene an international meeting to determine the steps which must be taken to rid the world of hijacking and the taking of hostages.
United States · United States Congress · 10 October 1985
Declares that the Congress calls upon the President to direct the Agency for International Development (AID) to work in a global effort to provide support toward achieving the goal of universal access to childhood immunization by the year 1990. Sets forth specified actions to be taken by AID, in conjunction with the World Health Organization and UNICEF, in reaching such goal. Urges the President to seek both private and public assistance in the United States to achieve universal access to childhood immunization.
United States · United States Congress · 9 October 1985
Fair Labor Standards Amendments of 1985 - Amends the Fair Labor Standards Act of 1938 to allow State, local, or interstate governmental agencies to provide compensatory time in lieu of overtime compensation. Requires that such compensatory time be one and one-half hours for each hour of employment for which overtime compensation is required. Allows such compensatory time only if it is a collective bargaining agreement, memorandum of understanding or other agreement or understanding entered into by the public agency and its employees or their recognized representatives before the work for which the compensatory time is to be provided. Limits the amount of such compensatory time which public employees may accrue to 180 hours, or 480 hours in the case of work which included a public safety activity, an emergency response activity, or a seasonal activity. Requires that public employees who have accrued such compensatory time and requested its use be permitted to use it within a reasonable period after making such request if its use does not unduly disrupt the operations of the public agency. Requires that, upon termination of employment, a public employee who has accrued such compensatory time be paid for unused compensatory time at a rate not less than the average rate received by such employee during the last three years of the employees' employment. Provides that, if a public agency had in effect on April 15, 1986, a pattern or practice of providing its employees compensatory time off in lieu of overtime compensation, that pattern or practice shall constitute an agreement or understanding which meets specified requirements. Provides that a collective bargaining agreement in effect on April 15, 1986, which permits overtime compensation in the form of compensatory time off at a rate of less than one and one-half hours for each hour of employment for which overtime compensation is required shall remain in effect until its expiration date unless otherwise modified, except that compensatory time shall be provided after April 14, 1986, at the one and one-half hour rate. Provides that States, local governments, and interstate governmental agencies shall not be liable for specified overtime and related paperwork violations which occur before April 15, 1986, with respect to employees who would not have been covered under the Secretary of Labor's special enforcement policy in effect on January 1, 1985. Permits States, local governments, or interstate governmental agencies to defer until August 1, 1986, the payment of overtime compensation for hours of employment after April 14, 1986. Adds provisions relating to special detail work for fire protection and law enforcement (including prison security) employees of State, local, or intergovernmental agencies. Provides that those hours on special detail work for a separate or independent employer shall be excluded by the public agency in the calculation of overtime compensation, if the employee agrees, solely at the employee's option, to perform such special detail work. Provides that an employee's hours of part-time employment with a public agency in a substantially different capacity from the employee's regular full-time employment with such agency shall be excluded from the calculation of overtime compensation, if such part-time employment is undertaken on an occasional and sporadic basis and solely at the employee's option. Directs the Secretary of Labor to issue, by March 15, 1986, regulations: (1) defining when employment is done on an occasional or sporadic basis; and (2) prescribing a standard for determining if employment is in a substantially different capacity than other employment. Permits employees of States, local governments, and interstate governmental agencies to volunteer to perform services for any other such agency, including one with which the employing agency has a mutual aid agreement. Adds provisions relating to substitution work by and for fire protection and law enforcement (including prison security) employees of State, local, and intergovernmental agencies. Provides that those hours of substitution during scheduled work hours for a fellow employee shall be excluded by the public agency in the calculation of the substituting employee's overtime compensation, if such employee agrees to perform such substitute work with the public agency's approval and solely at the employee's option. Provides that the employer may not be required to keep a record of the hours of such substitute work under certain overtime recordkeeping requirements. Revises the definition of "employee" to exclude any volunteer for a State, local, or interstate governmental agency who volunteers to perform such services without compensation or for a nominal fee, expenses, or reasonable benefits or for any combination of such fee, expenses, or benefits. Provides that employees of such agencies shall still be considered employees if they volunteer to perform the same type of service for those agencies for which they are employed. Directs the Secretary of Labor to issue, by March 15, 1986, regulations to define nominal fees and reasonable benefits. Provides that, if before April 15, 1986, a public agency's practice was to treat certain persons as volunteers then such persons shall be considered volunteers and not employees until April 15, 1986. Provides that no State, local government, or interstate governmental agency shall be liable for a violation of minimum wage requirements occurring before April 15, 1986, with respect to services performed for the public agency by any individual who performed such services as a volunteer. Revises the definition of "employee" to exclude from coverage under the Act State and local legislative employees who are not legislative library employees. Makes the amendments made by this Act effective on April 15, 1986, but authorizes the Secretary of Labor to promulgate before such date regulations to implement such amendments. Prohibits construing such amendments as affecting whether a State, local government, or interstate governmental agency is liable under penalty provisions of the Act for violations of minimum wage, overtime, or paperwork requirements occurring before April 15, 1986, with respect to any employee who would have been covered by by the Act under the Secretary of Labor's special enforcement policy in effect on January 1, 1985. Requires that a State, local government, or interstate governmental agency be held to have violated specified provisions if it discriminates or has discriminated against an employee with respect to wages or other terms or conditions of employment because on or after February 19, 1985, the employee asserted coverage under overtime provisions.
United States · United States Congress · 8 October 1985
Trade Partnership Act - Title I: International Trade - Directs the President to establish the Commission on Trade which shall: (1) evaluate existing U.S. trade laws and policies; (2) develop recommendations on monetary and fiscal policies for the United States and its chief trading partners; (3) evaluate the export financing practices of major trading partners and of international agencies; and (4) review existing trade agreements to assess their effect on U.S. long-term trading interests. Requires the Commission to report its findings and recommendations to the President and to the Congress. Expresses the sense of the Congress that the President should evaluate such findings and recommendations and take into account the results of an international monetary conference to determine the propriety of convening a summit conference on international trade in order to develop changes in international trade and monetary practices. Expresses the sense of the Congress that the President should call for an international monetary conference to develop: (1) options for reforming institutional mechanisms in order to decrease the disparity among, and to prevent dramatic fluctuations in the value of, the currencies of the major economic powers; and (2) means for reducing interest rates, promoting national and world economic growth, assuring price stability, and promoting higher levels of international trade. Expresses the sense of the Congress that the President should initiate multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade (GATT) in order to: (1) resolve the issues not resolved in earlier negotiations; (2) develop multilateral disciplines in those areas where trade problems have emerged or are becoming more acute; (3) focus on improving the dispute settlement mechanisms of the GATT; (4) place a high priority on bringing developing countries into full participation in the international trading community; (5) ensure that all developed countries share equally the responsibility for advancing the economies of developing countries; and (6) increase efforts to bring countries now outside the GATT under accepted multilateral disciplines governing trade. Directs the President to begin negotiations immediately if Canada requests the negotiation of a trade agreement that provides for the elimination or reduction of any duty imposed by the United States. Directs the U.S. Trade Representative (USTR) to review the bilateral relationships between the United States and its major trading partners in order to determine those countries that offer the most potential for the establishment of free trade areas with the United States. Sets forth factors to be considered in making such review. Authorizes the President, during the year following enactment of this Act, to negotiate with Japan on a trade agreement under which the United States will permit the exportation to Japan of Alaskan petroleum and natural gas in return for substantial concessions by Japan regarding the importation into Japan of agricultural products, wood products, and other kinds of export products that are important to the United States. Amends the Trade Act of 1974 to transfer to the USTR specified functions relating to import relief that are currently performed by the President. Directs the President to review the USTR's determination on whether to provide import relief and what form such relief should take. Requires the President to complete such review within 15 days of receiving the USTR's determination. Directs the President to notify the Congress of the President's decision and of the USTR's determination. Directs the USTR to take action to implement the import relief which the USTR decided to provide if the President concurs in the USTR's decision. Directs the USTR to take action to implement the President's decision on import relief if it differs from the USTR's decision and no joint resolution disapproving the President's decision is enacted. Directs the USTR to order the implementation of the import relief recommended by the International Trade Commission if the decision of the President differs from the decision of the USTR and a joint resolution disapproving the President's decision is enacted. Authorizes interim relief after a petition for import relief is filed if the USTR determines that: (1) it is likely that the article is being imported in such increased quantities as to be a substantial cause of serious injury or threat thereof to the competing domestic industry; and (2) the absence of such interim relief would result in irreparable harm to the domestic industry. Authorizes emergency relief from imports of perishable products (other than perishable products from a beneficiary country under the Caribbean Basin Economic Recovery Act) after a petition for such relief is filed if the USTR, after consultation with the Secretary of Agriculture, decides that: (1) there is a reasonable indication that the perishable product is being imported in such increased quantities as to be a substantial cause of serious injury, or threat thereof, to the competing domestic industry; and (2) emergency action is warranted. Directs the USTR, upon deciding to grant interim relief or emergency relief, to: (1) determine the method and extent of such relief; (2) notify the President of such decision; and (3) unless the President decides within 15 days that such relief is not in the national economic interest, order the Commissioner of Customs to impose such relief. Declares that such relief may consist of tariff increases or import limitations. Provides for the termination of such relief. Directs the USTR to order the Commissioner of Customs to implement actions necessary to enforce U.S. rights under any trade agreement if: (1) the President and the USTR agree on the appropriate action; or (2) the President differs with the USTR on the appropriate action but a joint resolution disapproving such action is not enacted. Reduces the number of days from 21 to 15 between the President's receipt of the USTR's recommendation of appropriate action and the President's decision on what action is appropriate. Requires the President to determine during such 15 day period if: (1) the President concurs in the USTR's recommendation; or (2) it is in the national economic interest not to take any action or to take action different from the action determined by the USTR. Requires the President to notify the Congress of such decision. Provides that if 90 days after the Congress receives notice of such decision no joint resolution is enacted disapproving it then such decision shall take effect. Reduces the amount of time the USTR may take to make a recommendation on a petition for enforcement of U.S. trade rights. Sets forth the actions the USTR may recommend to the President based on such petition. Directs the USTR to include in the annual report to the Congress on foreign barriers to market access an analysis and assessment of the overall reciprocity accorded U.S. products, services, and investment by each of the major trading partners of the United States and the impact on major U.S. product sectors of the failure to provide reciprocity. Requires specified congressional committees, within 90 days of receiving such report, after consultation with the USTR and conducting public hearings, to issue a joint report on: (1) the priorities for negotiations regarding reducing or eliminating trade barriers; and (2) the committees' recommendations on actions to enforce U.S. trade rights. Directs the Secretary of Labor to pay to private firms 80 percent of the cost of providing job training if the training is certified as trade readjustment training and if the trainees are not charged for the training. Extends the job training, job search, and job relocation allowance provisions of the trade adjustment assistance programs through October 1, 1987. Amends the Trade Expansion Act of 1962 to set a one year deadline for the President to take action on the advice of the Secretary of Commerce on imports that are suspected of impairing national security. Amends the Tariff Act of 1930 to reduce the time limit for decisions by the International Trade Commission on allegations of unfair practices in import trade from one year (18 months in more complicated cases) to eight months (ten months in more complicated cases). Declares that the USTR should expedite the issuance of notices requesting the negotiation of periodic adjustments to the bilateral limitations on shipments of textiles and apparel contained in the Multi-Fiber Arrangement. Directs the Commissioner of Customs to: (1) increase the number of inspectors, import specialists, and customs patrol officers in the Customs Service by at least 800; (2) implement the Automated Commercial System at all ports of entry; and (3) implement a program for detecting, investigating, and prosecuting patent and copyright infringement cases. Requires the Commissioner to report quarterly to specified congressional committees on the operation and effect of the patent and copyright infringement program. Imposes a penalty for multiple customs law offenders who import or attempt to import merchandise during the three years following the date of the third of the offenders' convictions. Title II: Protection of Patents and Transfer of Technology - Part A: Protection of Patents - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Places the burden of proof upon the party asserting that a product was not produced with the patented process in an infringement action where the court finds a substantial likelihood that the product was so produced and the claimant has exhausted all means of discovery. Part B: Transfer of Technology - Federal Laboratory Technology Utilization Act of 1985 - Authorizes Federal agencies to permit their laboratories to enter into cooperative research and development arrangements with other Federal, State, and local agencies, universities, industrial organizations, or other persons including licensees of inventions owned by the Federal agency or general partners of research and development limited partnerships. Permits such laboratories to exchange funds, services, and property with collaborators, grant such collaborators patent licenses or assignments, waive Federal ownership of inventions made by a collaborator, and negotiate licensing agreements for federally owned inventions. Sets forth a formula for the distribution of royalties or other income received by such laboratories from the licensing of cooperatively produced inventions to Federal agency employee inventors, the laboratories themselves, and the Treasury. Requires affected Federal agencies to report annually to the appropriate congressional committees on the income from and distribution of royalties. Directs the Secretary of Commerce to provide procedures, training, and advice to Federal laboratories on recognizing the commercial potential of new technologies and inventions. Requires the Secretary to report biannually to the President and the Congress on Federal agency participation in this program. Makes it the policy of the Government to encourage the commercialization of inventions by Federal or former Federal employees made by them during their Federal employment and exempts such efforts from otherwise applicable violations. Permits such an employee to retain title to an invention (subject to retention by the Government of a nonexclusive license) unless the agency intends to file a patent application itself in order to promote commercialization. Sets forth other permissible conditions on such an inventor's title. Part C: Protection of Proprietary Information - Exempts commercial and financial information that is proprietary or sensitive from the sunshine provisions applied to Federal agencies if the proprietor is notified of the request for release of the information and given 60 days to present arguments on why the information should be exempt. Title III: Export Promotion - Amends the Bank Holding Company Act of 1956 to increase, from five percent to ten percent, the percentage of shares that: (1) a bank holding company may hold in an export trading company; and (2) an Edge Act corporation may hold in an export trading company from five to ten percent. Increases the amount of credit that a bank owning stock in a bank holding company with investments in an export trading company may extend to an export trading company. Amends the Export Trading Company Act of 1982 to direct the Board of Directors of the Export-Import Bank to try to insure that a "significant share" (currently a "major share") of any loan guarantees ultimately serves to promote exports from small, medium-size, and minority businesses or agricultural concerns. Requires the Board to report to the Congress on implementation of such requirement within one year of its effective date. Directs the Secretary of the Treasury to develop a program consisting of mixed credit financing for exports to compensate for the effects of subsidized financing by U.S. trading partners. Declares that the Export-Import Bank should expand its promotion programs for small- and medium-sized banks. Amends the Federal Reserve Act to give Edge Act corporations the same discount and borrowing privileges as Federal Reserve banks. Repeals the limitation on bank investments in Edge Act corporations. Directs the Board of Governors of the Federal Reserve System to require periodic reports from every corporation of the total amount of capital stocks and paid up surplus of the corporation, the name of any stockholder who holds more than ten percent of the shares of the stock of such corporation, and the share holdings of such stockholder. Directs the U.S. Executive Director of each of the multilateral development banks to promote procurement opportunities relating to the assistance provided by such banks in recipient countries for U.S. firms. Sets forth actions the Executive Directors should take with respect to such opportunities. Declares that the Secretary of Commerce should continue to assign one foreign commercial service officer to the office of the U.S. Executive Director of the International Bank for Reconstruction and Development. Directs the Secretary of Commerce to assign such an officer on a part-time basis to each of the offices of the U.S. Executive Director of the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank. Requires the U.S. Ambassadors to those countries that are important trading partners of the United States to report annually to the President and to the Congress on their efforts to help U.S. industries in expanding export sales to, and improving their market positions in, such countries. Authorizes the seven Bell operating companies, effective September 1, 1986, to manufacture telecommunications equipment and customer premises equipment in the United States if specified conditions are met. Title IV: Foreign Corrupt Practices - Business Accounting and Foreign Trade Simplification Act - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Prohibits imposing criminal liability for failing to maintain such an accounting system. Prohibits imposing civil injunctive relief with respect to: (1) an issuer who fails to maintain the required accounting system if the issuer tried in good faith to meet the requirements; or (2) any person other than an issuer in connection with an issuer's failure to comply with such requirements, unless such person knowingly caused the issuer to fail to comply. Prohibits anyone from knowingly circumventing such an accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Securities and Exchange Commission to the Department of Justice jurisdiction to enforce the bribery prohibitions of the FCPA with respect to issuers. Revises the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made "directly or indirectly" to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments to such officials that are lawful under the foreign country's laws; (3) payments which constitute tokens of regard or esteem; (4) expenditures associated with selling, purchasing, or demonstrating goods; or (5) ordinary expenditures associated with performing a contract with a foreign government. Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act. Prohibits prosecution of a domestic concern or specified agents of such concern for violating the Federal mail or wire fraud provisions by making a payment to a foreign official if the prosecution is based on the theory that the official, by receiving the payment, violated a duty to or defrauded the foreign government or the citizens of a foreign country. Authorizes the Attorney General to issue guidelines specifying: (1) permissible conduct associated with common types of export sales arrangements; and (2) precautionary procedures which would create a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the opinion states that the conduct does not involve a violation. Directs the Attorney General to protect the confidentiality of materials submitted in the review procedure. Requires annual reports to the Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Title V: Related Tax Provisions - High Technology Research and Scientific Education Act of 1985 - Part A: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Part B: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses, and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporation's R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 7 October 1985
Fair Export Financing Act of 1985 - Amends the Trade and Development Enhancement Act of 1983 to declare that one of the purposes of such Act is to establish a temporary tied aid credit program to combat the predatory concessional credit programs of foreign governments. Directs the President to negotiate limits on partially untied aid credit. Changes the U.S. negotiating objectives to include references to partially untied aid credits. Directs the Secretary of the Treasury to establish within the Department of the Treasury a program of tied aid credits for U.S. exports. Requires the program to be carried out in cooperation with the Export-Import Bank or with private financial institutions or entities. (Currently the program is established within the Export-Import Bank and carried out in cooperation with the Agency for International Development (AID).) Sets forth financing methods that may be included in such program. Authorizes appropriations. Repeals the provision that established a tied aid credit program in AID. Requires the Secretary to seek the advice of the National Advisory Council on International Monetary and Financial Policies before approving financing under the tied aid credit program. Terminates the tied aid credit program on September 30, 1987. Limits judicial review of actions by the Chairman of the Export-Import Bank and by the Secretary. Changes the definition of "tied aid credit." Defines "partially untied aid credit." Deletes references to government-mixed credits and public-private cofinancing.
United States · United States Congress · 7 October 1985
Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Congressional Budget Act of 1974 to eliminate the second concurrent resolution on the budget and thus provide for annual adoption of a single concurrent resolution on the budget (budget resolution). Sets forth maximum Federal budget deficit amounts for each of fiscal years 1986 through 1991 providing for the incremental reduction of the deficit to zero by 1991. Requires Old Age, Survivors and Disability Insurance (OASDI) revenues and expenditures to be included in the calculation of such deficit amounts. Prohibits either House of Congress from considering or adopting a budget resolution or a revision thereof providing for budget outlays exceeding revenues by more than the prescribed maximum deficit amount. Requires the Congress to complete action on any reconciliation bill or resolution to: (1) an original budget resolution by June 15 of each year; or (2) a revised budget resolution within 30 days after the revision is adopted. Provides that no amendment that would increase specific budget outlays or reduce specific revenues set forth in a budget resolution or reconciliation bill shall be in order in the House or the Senate, unless such amendment provides for offsetting adjustments in other outlays and revenues to ensure that the deficit set forth in the budget resolution is not increased or exceeded. Requires each Senate and House committee to report its subdivisions of allocated budget outlays and new budget authority within ten days of session after the budget resolution is agreed to. Makes it out of order for the House or the Senate, after the Congress has completed action on the budget resolution for a fiscal year, to consider legislation that, if enacted, would: (1) provide for or require budget outlays or new budget authority in excess of the appropriate committee allocation reported in connection with such resolution, unless legislation is favorably reported by the Committee on Appropriations of the House involved with a certification that the appropriate committee will take actions necessary to assure that enactment of such legislation will not result in a deficit exceeding the maximum deficit amount applicable; or (2) provide for new budget authority or spending authority or reduce revenues so that the resulting deficit would exceed the level set forth in such budget resolution or the applicable maximum deficit amount. Permits a congressional committee to report alterations to its reported allocations of budget outlays and authority, provided that such alterations are consistent with any actions taken by its House on legislation within its jurisdiction. Requires the conference report on any legislation providing new budget authority or new or increased tax expenditures to disclose the information required to be disclosed in committee reports on such legislation. Requires the Federal budget transmitted to the Congress by the President each year, and revisions thereof, to set forth levels of outlays and revenues resulting in a deficit not in excess of the applicable maximum deficit amount. Requires the Director of the Office of Management and Budget and the Director of the Congressional Budget Office: (1) to estimate the levels of total revenues and budget levels for each fiscal year; (2) to estimate the rate of real economic growth during that year; (3) to determine whether the deficit for such year will exceed the applicable maximum deficit amount and whether such excess is statistically significant; and (4) to submit a report to the President and the Congress specifying the amount of any excess, whether it is statistically significant, the estimated rate of real economic growth for that year, and the percentages by which automatic spending increases (excluding increases in OASDI benefits) and relatively controllable expenditures shall be reduced during such year in order to eliminate such excess. Requires the President, upon receiving such a report which identifies a statistically significant excesss, to issue an order which eliminates one-half of such excess by suspending or uniformly reducing (not below zero) automatic spending increases under Federal law for such year, and which eliminates the other half by sequestering amounts of budget authority, obligation limitations, and loan limitations, and by adjusting Federal payments, to the extent necessary to reduce each relatively controllable expenditure by a uniform percentage. Directs the President to send a message to both Houses of Congress identifying: (1) the total amount and the percentage by which automatic spending increases are to be reduced; (2) the amount of budget authority, obligation limitations, and loan limitations to be sequestered and payments to be adjusted for all, and each, relatively controllable expenditure; and (3) the account, department, establishment, project, or function affected by such revision of expenditures. Prohibits such an order from eliminating any Federal program, project, or activity. Directs the President to issue such order: (1) within 14 days after receiving such report if the estimate for real economic growth for the fiscal year is zero or greater; or (2) within 30 days if the estimate for real economic growth is less than zero. Authorizes the President, during such 30-day period, to submit to the Congress a joint resolution to: (1) reduce the deficit to an amount not exceeding the applicable maximum deficit amount; or (2) suspend the requirements of this Act for such fiscal year. Permits the President's message to the Congress to include alternative ways to reduce the deficit to an amount not exceeding the maximum deficit amount. Permits the Committee on the Budget of the House or the Senate, within ten days after the President has issued such an order, to report a joint resolution superseding such order. Makes it out of order for the House or the Senate to consider or agree to any such resolution which, if enacted, would cause the fiscal year deficit to exceed the deficit set forth in the budget resolution most recently agreed to, or the applicable maximum deficit amount. Sets forth House and Senate procedures for consideration of such a resolution. Amends the Social Security Act to provide that OASDI revenues and expenditures shall be excluded from the Federal budget transmitted by the President to the Congress and from the congressional budget, and shall be exempt from general budget limitations imposed on Federal expenditures and net lending. Prohibits any law enacted after enactment of this Act from providing for payments between the Treasury and the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund. Changes the date by which the President must submit to the Congress a supplemental summary of the budget for a fiscal year from July 16 to September 16. Waives specified provisions of this Act in any fiscal year for which a declaration of war has been enacted.
United States · United States Congress · 3 October 1985
Federal Government Easy Access Act - Requires Federal agency correspondence outside the executive branch to include the name, phone number, and mailing address of individuals to whom responses and inquiries may be made.
United States · United States Congress · 1 October 1985
Amends the copyright law to make permanent the prohibition against importing certain English language books not manufactured in the United States and Canada, denying copyright protection to books imported in violation of this restriction (the manufacturing clause).
United States · United States Congress · 20 September 1985
Expresses the sense of the House of Representatives that employee benefits should not be taxed.
United States · United States Congress · 12 September 1985
Designates November 24, 1985, as National Day of Fasting to Raise Funds to Combat Hunger.
United States · United States Congress · 5 September 1985
Designates a certain United States Post Office Building in Moorestown, New Jersey, as the Edwin B. Forsythe Post Office Building.
United States · United States Congress · 1 August 1985
Directs the Administrator of the Environmental Protection Agency to report to the Congress within one year an evaluation on the threat to human health of radon gas and radon daughters forming from naturally occurring deposits of uranium and collecting in residences. Directs the Administrator to conduct a demonstration program testing methods of reducing or eliminating the threat, reporting periodically to the Congress on the results. Authorizes appropriations. Amends the Disaster Relief Act of 1974 to include assistance for releases of radon gas.
United States · United States Congress · 1 August 1985
Peanut Price Support Amendments of 1985 - Amends the Agricultural Act of 1949 to authorize a price support program for the 1986 and succeeding peanut crops.
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 · 1 August 1985
Congressional Salary Act of 1985 - Amends the Federal Salary Act of 1967 to make any recommendations of the President relating to the salaries of Members of Congress, Delegates to the House of Representatives, and the Resident Commissioner from Puerto Rico purely advisory. Amends the Legislative Reorganization Act of 1946 to require that the annual rate of pay for Members of Congress, Delegates to the House of Representatives, the Resident Commissioner from Puerto Rico, and the Senate and House leadership be the rate payable for such positions on the date of enactment of this Act. Makes it out of order in the House to consider any bill or resolution which adjusts the pay of Members or modifies income tax credits or deductions for Members as a separate and distinct class, unless: (1) it takes effect at the beginning of the subsequent Congress; and (2) it is comprised solely of items adjusting the pay of Members. Requires a record vote on such legislation.
United States · United States Congress · 1 August 1985
Confers U.S. citizenship on Mrs. Mary Josephine Kaskiewicz, posthumously.
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
Public Employee Pension Plan Reporting and Accountability Act of 1985 - Imposes disclosure and reporting requirements upon State and local government pension plans. Establishes fiduciary standards for trustees of public employee pension benefit plans. Provides remedies and access to Federal courts. Specifies employee benefit plans which are exempt from this Act. Title I: Reporting and Disclosure - Requires the administrator of each public employee pension benefit plan to submit a registration statement to the appropriate State Governor within one year of enactment of this Act. Exempts a plan from the reporting and disclosure requirements of this Act if a State Governor certifies to the Secretary of Labor that: (1) State requirements are substantially equivalent to those of this Act: (2) the State can adequately administer its requirements; and (3) the State can adequately collect the requisite reports. Requires the Secretary of Labor to terminate any certification if a State is not meeting Federal requirements. Requires the plan administrator to: (1) publish a summary plan description; and (2) furnish such description to plan participants, beneficiaries, and specified persons. Delineates the contents of such summary plan description. Requires such description to: (1) state the rights of participants and beneficiaries; and (2) include an update whenever material modifications are made to the plan. Requires the plan administrator to publish an annual report. Specifies the contents of such report. Directs such administrator to engage an independent qualified public accountant to ascertain whether the financial statements and schedules in the annual report present fairly and in all material respects the information contained in the annual report. Requires the accountant's opinion to be included in the annual report. Requires the annual report to include a financial statement containing specified information, including the most recent annual statement of assets and liabilities of a common or a collective trust held by a bank or similar institution. Requires each plan to maintain a schedule of: (1) all assets held for investment purposes during each plan year; and (2) each transaction involving a party in interest. Requires annual reports to include, with respect to a defined benefit plan, a complete actuarial statement applicable to the appropriate plan year. Directs the plan administrator to engage an enrolled actuary to prepare such statement. Delineates the contents of the actuarial statement. Requires the annual report to include a statement from an insurance organization if any plan benefits are purchased from or guaranteed by such organization. Details the contents of such statement. Requires the enrolled actuary of the plan to make an actuarial valuation at least once every three plan years. Directs the plan administrator to furnish, upon written request of certain persons, a copy of summary plan descriptions and the status of an individual's plan benefits and contributions. Provides guidelines under which the plan administrator is directed to file the annual report with either the Secretary of Labor (the Secretary) or the appropriate State Governor. Authorizes the Secretary or Governor to reject the information filed by the plan administrator, and to take the following actions: (1) retain an independent public accountant to perform an audit; (2) retain an enrolled actuary to prepare an actuarial report; or (3) bring a civil action to enforce this Act. Presents guidelines for notice and review where claims for benefits are denied. Title II: Requirements Relating to Fiduciary Functions - Requires every plan to be established and maintained by written instructions which designate at least one named fiduciary. Details the functions of named fiduciaries and trustees. Established fiduciary and trustee liability. Prohibits certain transactions. Authorizes the Secretary to grant specified exemptions regarding such transactions. Imposes personal liability upon fiduciaries who fail to meet the fiduciary requirements, including removal for specified violations. Prohibits persons who have been convicted of, or imprisoned for, certain offenses from holding specified positions. Requires plan fiduciaries to be bonded. Specifies exceptions. Sets forth guidelines for the bonding procedure. Sets a limitation on actions which may be brought regarding failure to meet fiduciary requirements. Title III: Administration and Enforcement - Authorizes civil actions to redress violations of this Act. Imposes personal liability upon: (1) a plan administrator who fails to comply with a request for information; or (2) any person who fails to file required forms. Authorizes a plan to sue or be sued. Grants the U.S. district courts exclusive jurisdiction of civil actions brought under this Act. Grants concurrent jurisdiction to State courts and Federal district courts for specified actions. Authorizes the Federal district court to award reasonable attorney's fees under certain circumstances. Provides that suits brought against the Secretary may be brought in Federal district court. Authorizes the Secretary or appropriate State official to assess and collect a civil penalty against a party in interest who has engaged in a prohibited transaction. Grants such Secretary and State official investigative powers to determine violations of this Act. Details the extent of such powers. Authorizes the Secretary to prescribe regulations to administer this Act. Directs such Secretary to cooperate with State and local governments regarding the exchange of data and information. Prohibits interference with the exercise of rights by a plan participant or beneficiary. Establishes an Advisory Council on Governmental Plans, comprised of eleven members appointed by the President. Requires Council members to be qualified to appraise the plans falling under this Act. Requires the Council to: (1) report to the President and each House of Congress regarding implementation of this Act with possible recommendations for legislation; (2) advise the Secretary and make recommendations; and (3) monitor the costs incurred by plans under this Act and recommend cost reduction measures. Directs the Secretary to furnish staff services to the Council. States that this Act supersedes any State laws regarding public employee pension benefits plans. Specifies exceptions. Authorizes appropriations.
United States · United States Congress · 31 July 1985
Public Employee Pension Plan Reporting and Accountability Act of 1985 - Imposes disclosure and reporting requirements upon State and local government pension plans. Establishes fiduciary standards for trustees of public employee pension benefit plans. Provides remedies and access to Federal courts. Specifies employee benefit plans which are exempt from this Act. Title I: Reporting and Disclosure - Requires the administrator of each public employee pension benefit plan to submit a registration statement to the appropriate State Governor within one year of enactment of this Act. Exempts a plan from the reporting and disclosure requirements of this Act if a State Governor certifies to the Secretary of Labor that: (1) State requirements are substantially equivalent to those of this Act; (2) the State can adequately administer its requirements; and (3) the State can adequately collect the requisite reports. Requires the Secretary of Labor to terminate any certification if a State is not meeting Federal requirements. Requires the plan administrator to: (1) publish a summary plan description; and (2) furnish such description to plan participants, beneficiaries, and specified persons. Delineates the contents of such summary plan description. Requires such description to: (1) state the rights of participants and beneficiaries; and (2) include an update whenever material modifications are made to the plan. Requires the plan administrator to publish an annual report. Specifies the contents of such report. Directs such administrator to engage an independent qualified public accountant to ascertain whether the financial statements and schedules in the annual report present fairly and in all material respects the information contained in the annual report. Requires the accountant's opinion to be included in the annual report. Requires the annual report to include a financial statement containing specified information, including the most recent annual statement of assets and liabilities of a common or a collective trust held by a bank or similar institution. Requires each plan to maintain a schedule of: (1) all assets held for investment purposes during each plan year; and (2) each transaction involving a party in interest. Requires annual reports to include, with respect to a defined benefit plan, a complete actuarial statement applicable to the appropriate plan year. Directs the plan administrator to engage an enrolled actuary to prepare such statement. Delineates the contents of the actuarial statement. Requires the annual report to include a statement from an insurance organization if any plan benefits are purchased from and guaranteed by such organization. Details the contents of such statement. Requires the enrolled actuary of the plan to make an actuarial valuation at least once every three plan years. Directs the plan administrator to furnish, upon written request of certain persons, a copy of summary plan descriptions and the status of an individual's plan benefits and contributions. Provides guidelines under which the plan administrator is directed to file the annual report with either the Secretary of Labor (the Secretary) or the appropriate State Governor. Authorizes the Secretary or Governor to reject the information filed by the plan administrator, and to take the following actions: (1) retain an independent public accountant to perform an audit; (2) retain an enrolled actuary to prepare an actuarial report; or (3) bring a civil action to enforce this Act. Presents guidelines for notice and review where claims for benefits are denied. Title II: Requirements Relating to Fiduciary Functions - Requires every plan to be established and maintained by written instruments which designate at least one named fiduciary. Details the functions of named fiduciaries and trustees. Establishes fiduciary and trustee liability. Prohibits certain transactions. Authorizes the Secretary to grant specified exemptions regarding such transactions. Imposes personal liability upon fiduciaries who fail to meet the fiduciary requirements, including removal for specified violations. Prohibits persons who have been convicted of, or imprisoned for, certain offenses from holding specified positions. Requires plan fiduciaries to be bonded. Specifies exceptions. Sets forth guidelines for the bonding procedure. Sets a limitation on actions which may be brought regarding failure to meet fiduciary requirements. Title III: Administration and Enforcement - Authorizes civil actions to redress violations of this Act. Imposes general liability upon: (1) a plan administrator who fails to comply with a request for information; or (2) any person who fails to file required forms. Authorizes a plan to sue or be sued. Grants the United States district courts exclusive jurisdiction of civil actions brought under this Act. Grants concurrent jurisdiction to State courts and Federal district courts for specified actions. Authorizes the Federal district court to award reasonable attorney's fees under certain circumstances. Provides that suits brought against the Secretary may be brought in Federal district court. Authorizes the Secretary or appropriate State official to assess and collect a civil penalty against a party in interest who has engaged in a prohibited transaction. Grants such Secretary and State official investigative powers to determine violations of this Act. Details the extent of such powers. Authorizes the Secretary to prescribe the regulations to administrator this Act. Directs such Secretary to cooperate with State and local governments regarding the exchange of data and information. Prohibits interference with the exercise of rights by a plan participant or beneficiary. Establishes an Advisory Council on Governmental Plans, comprised of eleven members appointed by the President. Requires Council members to be qualified to appraise the plans falling under this Act. Requires the Council to: (1) report to the President and each house of the Congress regarding implementation of this Act with possible recommendations for legislation; (2) advise the Secretary and make recommendations; and (3) monitor the costs incurred by plans under this Act and recommend cost reduction measures. Directs the Secretary to furnish staff services to the Council. States that this Act supersedes any State laws regarding public employee pension benefits plans. Specifies exceptions. Authorizes appropriations. Title IV: Matters Relating to the Internal Revenue Code of 1954 Affecting Public Employee Pension Benefit Plans - Amends the Internal Revenue Code to exempt public employee pension benefit plans from: (1) the limitation on benefits and contributions; (2) taxation; and (3) the application of tax on prohibited transactions. Treats certain information requirements as satisfying the directive of the Code if a public employee pension benefit plan meets specified requirements of this Act.
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 · 23 July 1985
Amends the Internal Revenue Code to allow an income tax credit to taxpayers engaged in the trade or business of raising agricultural products for contributions of agricultural products to certain tax-exempt organizations. Sets the amount of such credit at 10 percent of either: (1) the wholesale market price; or (2) the most recent sale price of the agricultural product contributed.
United States · United States Congress · 15 July 1985
Single-Employer Pension Plan Amendments Act of 1985 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Amends title IV (Plan Termination Insurance) of the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to the single-employer pension plan termination insurance program. Sets forth new definitions relating to such program for the following terms: (1) contributing sponsor; (2) controlled group; (3) single-employer plan; (4) composite single-employer plan; (5) amount of unfunded guaranteed benefits; (6) final benefit obligation; and (7) person. Sets forth a technical correction to the Multiemployer Pension Plan Amendments of 1980. Amends ERISA to increase from $2.60 to $7.50 per capita the annual premium rate payable to the Pension Benefit Guaranty Corporation (the Corporation) by single-employer plans for plan years beginning after December 31, 1984. Requires that congressional approval of the Corporation's recommended revised premium schedules be by the enactment of a joint resolution (currently a concurrent resolution is required). Sets forth general requirements relating to the termination of single-employer plans by plan administrators. Provides that, except for terminations instituted by the Corporation, a single-employer plan may be terminated only in a standard termination or a distress termination, as provided under this Act. Provides that, if the plan to be terminated is the subject of one or more bargaining agreements between one or more employee organizations and one or more employers, the plan administrator shall notify such employee organization at least 30 days before filing with the Corporation a notice of intent to terminate. Sets forth general requirements and procedures for standard termination of single-employer plans. Allows such standard terminations of single-employer plans only if: (1) the plan administrator has filed with the Corporation a notice of intent to terminate the plan in a standard termination on a specified termination date which is not earlier than 10 days after the filing of the notice (including any information the Corporation may require); (2) the plan has been amended to provide that, effective on the termination date, accrued benefits shall not increase after such date, except as required to meet qualification requirements under the Internal Revenue Code; and (3) on or before the date of filing the notice of intent to terminate, the plan administrator is required to notify each plan participant that such notice of intent to terminate has been or will be filed and to provide a copy of such notice of intent to each employee organization representing plan participants. Makes the contributing sponsors of the plan and the members of their controlled groups jointly and severally liable to contribute to the plan if, after the plan termination, the plan has insufficient assets and such additional amounts are necessary to pay when due all benefits payable under the plan during a plan year. Prohibits a single-employer plan terminated in a standard termination from closing out its affairs unless: (1) it has assets sufficient to discharge when due all final benefit obligations; and (2) the closing out is carried out in a specified manner, including at least 30 days' advance notification to plan participants and employee organizations that such closing out and a final distribution of assets will take place. Requires, at least 30 days before the proposed distribution of assets, that the plan administrator send a notice to the Corporation including a certification by an enrolled actuary: (1) of the amount of plan assets; (2) of the actuarial present value of the final benefit obligations; and (3) that such assets are sufficient to discharge such obligations when due. Provides for extensions of the period before such final distribution where necessary for compliance. Prohibits any such final distribution pursuant to the closing out in cases of noncompliance with such requirements. Requires the plan administrator, in connection with such a final distribution, to distribute plan assets by purchasing irrevocable commitments to provide when due all benefits to all participants and beneficiaries, or otherwise fully satisfying such obligation. Provides that, if a court determines in a civil action after such final distribution is completed that a plan has failed to discharge when due any final benefit obligations and the defendant fails to fully satisfy such obligations within a specified period, the Corporation shall: (1) treat such obligations as though they were benefits under a distress termination; and (2) guarantee such benefits in a specified manner (except those which have been discharged when due by the plan or satisfied by the defendant in the civil action). Sets forth, for purposes of the minimum funding standards under ERISA, special rules for plans terminated under standard termination. Sets forth general requirements and procedures for distress termination of single-employer plans. Sets forth notification and information requirements for proposed distress terminations. Requires, before such distress terminations are allowed, the plan administrator to demonstrate to the satisfaction of the Corporation that the contributing sponsors and the substantial members of their controlled groups: (1) have each filed, or have had filed against them, either a liquidation petition which has not yet been dismissed or converted into a bankruptcy case, or a reorganization petition which has not yet been dismissed (and, in which case, the bankruptcy court approves the termination); or (2) will each be unable to pay their respective debts when due, and will be unable to continue in business, unless a distress termination occurs (as indicated in substantial evidence provided to the Corporation by a contributing sponsor). Defines a "substantial member" as a person whose assets comprise at least five percent of the controlled group's total assets. Prohibits distribution of assets pursuant to a distress termination unless the plan administrator receives a notification from the Corporation of its termination that plan assets are sufficient to pay when due all basic benefits under the plan. Provides for extensions of the 90-day period within which the Corporation is to make specified determinations. Requires the plan administrator, upon the filing of a notice of intent to terminate under a distress termination to: (1) pay benefits attributable to employer contributions, other than death benefits, only in the form of an annuity; (2) not use plan assets to purchase irrevocable commitments to provide benefits from an insurer; and (3) if the plan administrator knows or has reason to know that plan assets are not sufficient to pay when due benefits guaranteed under title IV of ERISA, limit the payment of benefits to the estimated amount of plan benefits guaranteed by the Corporation and of other benefits to which plan assets are allocated under specified provisions of such title. Requires restoration to pretermination status of single-employer plans terminated under a distress termination solely on the basis of the filing of a liquidation petition, whenever such case is dismissed or converted to a case under which reorganization is sought. Revises provisions relating to appointment of receivers by the Corporation. Revises provisions relating to amounts due to the Corporation. Authorizes "section 4042" trustees, who are appointed by the Corporation, to serve as members on creditors committees. Authorizes plan administrators to restore a terminated single-employer plans to pretermination status, under procedures to be prescribed by the Corporation, but requires prior approval by the Corporation before a plan terminated in a distress termination may be so restored. Imposes primary liability to the Corporation on contributing sponsors or members of their controlled groups for termination of single-employer plans under a distress termination or a termination by the Corporation. Imposes joint and several liability upon such persons who are under common control on such termination date. Establishes such liability in the amount of: (1) the outstanding balance of any accumulated funding deficiencies of the plan; and (2) the unfunded guaranteed benefits under the plan. Makes such amount due and payable as of the termination date. Sets forth formulas for the calculation of such amount and procedures for its payments. Sets forth provisions relating to liability for failure to satisfy final benefit obligations under standard terminations. Provides that, when a court in a civil action determines that such failure has occurred, the contributing sponsor or a member of such sponsor's controlled group shall be liable: (1) to the Corporation for all final benefit obligations which the Corporation guarantees under specified provisions; and (2) to each participant and beneficiary for any such obligations which are not otherwise guaranteed by the Corporation, discharged when due by the plan, or satisfied by the defendant in such action. Creates a lien in favor of a single-employer plan if the plan: (1) has an increase in its accumulated funding deficiency; (2) is granted a waiver of minimum funding standards; or (3) has a reduced amortization charge resulting from the granting of an extension of an amortization period. Requires pension plan liability provisions to be applied without regard to any transaction with a principal purpose of evading or avoiding such liability. Treats certain corporate reorganizations as if the reorganized corporate entity were the same as the entity to which such liability applies. Sets forth conforming, technical, and miscellaneous amendments to ERISA. Title II: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to conform to the amendments of ERISA made by title I of this Act. Allows a tax deduction for contributions to avoid a funding deficiency in any plan which, after a standard termination, has insufficient assets to pay when due all benefits payable during the plan year. Provides that, for purposes of such tax deduction (and except as otherwise provided in regulations prescribed by the Secretary) the contributing employer whose controlled group member makes such contribution shall be deemed to have made the contribution to the plan.
United States · United States Congress · 10 July 1985
Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to allow a civil action to be brought by a plaintiff only when the private suit rests on an injury caused by conduct that led to the defendant's conviction of one of the predicate offenses listed in the statute or of a criminal violation of RICO itself. Requires the plaintiff to bring such action within one year of the defendant's conviction.
United States · United States Congress · 10 July 1985
Comprehensive Smokeless Tobacco Education Act - Requires specified warning labels on all smokeless tobacco products and advertisements. Declares that the failure to comply with provisions of this Act shall be in violation of the Federal Trade Commission Act. Grants district courts of the United States jurisdiction and injunctive powers to prevent and restrain violations of this Act. Directs the Federal Trade Commission to promulgate regulations to implement this Act. Directs the Federal Trade Commission to report to the Congress annually on the use and health effects of smokeless tobacco products.
United States · United States Congress · 8 July 1985
Expresses the sense of the Congress that: (1) Mrs. Uli Derickson should receive special commendation from the President in recognition of her heroism during the flight 847 hijacking; (2) the hijackers who murdered U.S. Navy Petty Officer Stethem should be brought to justice; (3) all diplomatic means should be employed to obtain the release of the seven U.S. citizens still held in Lebanon; and (4) the Secretary of State should be supported in his efforts to gain international cooperation to prevent international terrorism.
United States · United States Congress · 27 June 1985
Acid Rain Control Act of 1985 - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA), within 90 days after the enactment of this Act, to compute a State share for each of the 48 contiguous States of a 10,000,000 ton two-tiered reduction in annual emissions of sulfur dioxide below that of 1980 by 1996. Sets forth a formula for determining State shares. Sets deadlines and procedures for submission and approval of State plans for such State shares. Directs the Administrator to promulgate a State plan in the absence of a State-submitted, Administrator-approved plan. Requires such plans to achieve reductions through the use of continuous emission reduction. Prohibits the construction of any new stationary sources of sulfur dioxide in a State which fails to achieve its 1990 or 1996 emissions goals. Prohibits a stationary source from emitting more sulfur dioxide under such plan than it did under the applicable 1982 implementation plan. Directs the Administrator to promulgate regulations to facilitate State trading of reduction requirements and the substitution of reductions in oxides of nitrogren for reductions in emissions of sulfur dioxide permitted under State plans. Establishes civil and criminal penalties and empowers the Administrator to bring civil actions against an electric utility in violation of the fee requirement. Terminates the fee after six years. Imposes a fee on each kilowatt hour of electric energy generated by an electric utility in the contiguous States. Exempts electricity generated by nuclear or hydroelectric power. Establishes in the Treasury the Acid Deposition Control Fund to provide funding for emissions reductions from specified appropriations. Sets forth conditions and administrative provisions for such Fund. Directs the Secretary of the Treasury to report annually to the Congress on the current and five-year projected financial condition of the Fund. Directs the Administrator to revise nitrogen oxide emissions standards for fossil fuel-fired electric utility steam generating units. Directs the Administrator to promulgate emissions standards for new, large fossil-fuel-fired steam generating units. Establishes oxides of nitrogen emission standards for light duty trucks after model year 1985. Directs the Administrator to report to the Congress on the equity of the pass-through of emission control costs through utility rates. Directs the Administrator to conduct an acid deposition research and clean coal technologies demonstration program. Directs the Administrator to financially assist State programs for mitigating the adverse effects of acid rain.
United States · United States Congress · 27 June 1985
Designates the week beginning on November 10, 1985, as National Blood Pressure Awareness Week.
United States · United States Congress · 20 June 1985
Superfund Amendments of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)(Superfund) to direct the Administrator of the Environmental Protection Agency (EPA) to establish reportable quantities for all hazardous substances by December 31, 1986. Directs the Administrator to give primary attention to releases which may present a threat to public health. Confirms the President's discretion to decide when responsible parties are authorized to conduct cleanup actions in lieu of Superfund-financed responses. Requires short-term removal actions undertaken by the Administrator to contribute to the highest degree possible to the efficient performance of any long-term action. Increases the maximum time and funding limit on short-term response actions when appropriate. Limits the 50 percent State cleanup obligation to those facilities which are both owned and operated by the State. Credits States with expenditures made at National Priorities List (NPL) sites on cost-eligible response actions. Revises other State cost-sharing measures. Treats long-term cleanup of groundwater, surface water, or soil contamination as part of the costs of remedial action. Grants EPA employees or contractors the necessary access to facilities and information to determine if the need for a response action exists. Prescribes a cleanup schedule for Superfund, requiring an evaluation within three years of sites on the Emergency Response and Remedial Investigation System (ERRIS) list for possible inclusion on the NPL. Sets a schedule for the conduct of remedial investigations and feasibility studies (RIFS) for NPL sites, requiring the commencement of remedial action at a minimum of 90 percent of such facilities within one year of the RIFS' completion. Directs the Administrator to revise the National Contingency Plan (NCP) within 18 months to reflect this Act's amendments. Requires the review of the hazard ranking system within one year. Permits individuals to petition the Administrator for a preliminary hazard assessment at a site. Includes contamination of the ambient air as a criterion for ranking a hazard. Eliminates the requirement that the NPL contain at least 400 sites. Prohibits the Administrator from taking abatement action against any release resulting from an applied pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act. Includes all vessels releasing hazardous substances within the jurisdiction of the United States under the liability provisions of CERCLA. Makes certain investigatory and assessment costs recoverable from the responsible party. Exempts from liability for all but negligence actions of government agencies responding to a hazardous substance emergency. Directs the Administrator and each Governor to appoint Federal and State trustees, respectively, for natural resources, creating a rebuttable presumption that their assessment of damages to such resources is valid. States that cleanup costs incurred in a response action constitute a Federal lien against the property of a responsible party. Sets forth evidentiary requirements for establishing financial responsibility. Permits direct action against a financial guarantor if the person liable is financially or physically unavailable for redress. Entitles such a guarantor to all rights and defenses available to the liable party. Limits the liability of such guarantor to its financial responsibility to the responsible party. Increases criminal penalties and adds certain civil penalties for violations of this Act, including failure to provide accurate information at specified times. Establishes a total fund level of $1,750,000,000 for each of five years, through FY 1990. Authorizes the use of Superfund monies for the authorities created by this Act. Eliminates the use of Superfund for payment of natural resource damage claims. Revises auditing procedures to require annual audits and reports to the Congress by the Inspector General. Authorizes appropriations for Superfund for FY 1986 through 1990. Establishes a six-year statute of limitations for Superfund claims, setting forth special rules for minors and incompetents. Authorizes nationwide service of process under CERCLA. Establishes a three-year statute of limitations for the initiation of actions for contribution for response costs of damages and for recovery claims for damages to natural resources. Establishes a six-year statute of limitations for cost recovery actions. Authorizes a State to require contributions to a fund to pay the costs of hazardous substance response actions or damages. Establishes within the Public Health Service the Agency for Toxic Substances and Disease Registry (ATSDR), headed by an Administrator. Requires ATSDR to implement the health-related authorities of this Act. Directs such Administrator to establish and maintain a listing of areas closed to the public or otherwise restricted in use because of contamination by hazardous substances or pollutants or contaminants. Directs the Administrator of EPA to list and periodically revise a list of hazardous substances or pollutants or contaminants which pose the most significant potential threat to human health. Directs the Administrator of ATSDR to establish and maintain an inventory of information on the health effects of each listed substance. Requires such Administrator to also develop toxicological profiles for each such substance, assessing the current state of knowledge of their deleterious effects, and revising such profiles at least every three years. Requires the Administrator to initiate research where inadequate information is available on a substance. Requires Federal coordination of research efforts. Requires the Administrator of ATSDR to perform a health assessment for each NPL facility where a significant possibility exists that a human population has been exposed to hazardous substances existing at such facility and a significant threat of adverse health effects exists. Bases the selection of such facilities on criteria developed by the Administrator of EPA. Permits the Administrator of ATSDR to conduct health assessments at other facilities as well. Authorizes individuals to petition the Administrator of EPA for a health assessment of a site where evidence of human exposure to hazardous substances exists. Requires the completion of health assessments before the completion of remedial investigation and feasibility studies (RIFS) whenever possible. Grants priority to those sites where the potential risk to human health appears highest. Requires State or local officials conducting a health assessment to report the results and recommendations to the Administrators. Requires the Administrator of ATSDR to provide the affected State and the Administrator of EPA with the results and recommendations of any ATSDR assessment. Includes the costs of an assessment among recoverable cleanup costs whenever such assessment reveals human exposure to a hazardous substance, pollutant, or contaminant. Directs the Administrator of ATSDR to conduct a pilot study of health effects of exposure whenever justified by an assessment to determine if full scale epidemiological studies are appropriate. Requires the Administrator to establish a registry of exposed persons if appropriate. Directs the Administrator to initiate a health surveillance program for an exposed population if justified by an epidemiological study or exposure registry. Requires the Administrator to report biennially to the Administrator of EPA on ATSDR's activities under this Act. Directs the Administrator of EPA to abate significant risks to the human population through exposure by providing alternate household water or relocation of individuals. Requires peer review of all ATSDR studies and research. Requires the Administrator of ATSDR to provide States and health professionals with educational materials on exposure-related issues. Requires the Administrator of EPA to provide a reasonable opportunity for public comment on any proposed plan for remedial action before it is implemented. Requires the Administrator to publish an explanation of any divergences from such plan or public comments. Authorizes the Administrator to make assistance available to affected individuals to help them evaluate and assess technical information and data. Prohibits the Administrator from taking a response action to certain types of releases unless such releases constitute a public health or environmental emergency. Prohibits response to releases: (1) of naturally occurring substances; (2) of building products; (3) into drinking water supply systems due to ordinary deterioration; and (4) from coal mining sites. Grants highest cleanup priority to releases which have contaminated or closed a sole or principal drinking water source. Requires the consideration of certain factors when adopting offsite remedies, including the long-term risks and uncertainties of land disposal. Exempts response-action contractors from liability for nonnegligent cleanup activities if they would not otherwise have been liable. Includes Federal facilities under CERCLA as if they were private facilities, except for certain financial responsibility and time period provisions. Requires the Administrator to establish a Federal Agency Hazardous Waste Compliance Docket for each Federal agency and department which will include information on off-site contamination and monitoring data, and releases of reportable quantities of hazardous substances. Requires that such information be made available to the public. Requires the Administrator to evaluate certain Federal facilities by January 31, 1987, for placement on the NPL, using National Contingency Plan (NCP) criteria. Requires the commencement of a RIFS within six months of a Federal site's placement on the NPL. Directs the Administrator to review the RIFS and enter into interagency agreements for cleanup when necessary, allowing for public participation. Requires each agency to report annually to the Congress on its implementation progress. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored. Requires the Administrator to select appropriate cost-effective remedial actions in accordance with the NCP. Requires remedial actions selected to provide sufficient control or amelioration of the hazardous substance so as to protect human health and the environment. Requires such measures to take into account the long-term effectiveness of the solution and the alternative technologies available to the maximum extent possible. Requires a standard of control at least as strict as that provided by any other applicable Federal environmental law such as the Safe Drinking Water Act. Requires onsite disposal to be in compliance with the relevant provisions of the Solid Waste Disposal Act. Authorizes the Administrator to enter into agreements whereby the releasor or any potentially responsible person conducts the remedial response. Permits the Administrator to fund part of such response. Limits the liability of the cleaning up party to that specified in the agreement. Permits the Administrator to take action against any person not a party to such agreement. Enters such agreements in the appropriate U.S. district court as consent agreements, enforceable as such. Directs the Administrator to notify potentially responsible parties of each other's identities and of the seriousness of the necessary cleanup, providing a moratorium on the commencement of remedial action for a specified period after such notice has been given. Grants notified persons an opportunity to submit a proposal to the Administrator for the undertaking or financing of remedial action. Permits the Administrator to commence remedial action if no good faith proposal is forthcoming within a specified period. Authorizes the Administrator to proceed on remedial actions where a significant public health threat exists, regardless of the status of negotiations. Authorizes the Administrator to agree to refrain from pursing any future liability of a person if an approved response action would be expedited and the person is in full compliance with the consent decree. Permits such an agreement only in the public interest after an evaluation of the effectiveness of the remedy and the nature of the remaining risks. Places premiums from such agreements into a contingency fund for future remedial actions at other facilities. Permits the Administrator to settle with persons whose share of response costs is not substantial. Title II: Miscellaneous Provisions - Terminates the Post-Closure Liability Fund's responsibility to fund the cleanup of already closed sites where hazardous waste was stored in compliance with the Solid Waste Disposal Act. Requires the promulgation of natural resource assessment damage claims regulations within six months of this Act's enactment. Requires the Department of Transportation to promulgate regulations requiring shippers to notify transporters whenever hazardous substances are offered for transportation. Establishes a federally-required commencement date for the running of State statutes of limitations for injury or damages caused by exposure to a hazardous substance, pollutant, or contaminant. Makes such date the time a plaintiff should reasonably have known exposure to such a substance caused or contributed to a personal injury. Renames the Hazardous Substance Response Trust Fund the Hazardous Substances Superfund. Amends the Solid Waste Disposal Act to authorize the Administrator to provide for the cleanup of leaking underground storage tanks. Requires the Administrator to use funds in the Petroleum Release Response Account of Superfund for such purposes, but holds the owners and operators of such tanks strictly liable for such costs. Authorizes State implementation of such authority under specified conditions, authorizing the Administrator to make grants to such States for such purpose. Establishes the Petroleum Release Response Account within Superfund out of specified funds. Authorizes citizen suits against violators of this Act, including the Administrator and other government officials who have failed to perform nondiscretionary duties. Permits citizen suits against nongovernment officials in the Federal district court in which the violation occurred. Permits citizen suits against any Federal official only in U.S. District Court for the District of Columbia. Empowers such courts to impose civil penalties and to order the performance of required acts. Requires plaintiffs to give notice to the Administrator, the alleged violator, and the State in which the violation occurred before commencing proceedings. Prohibits citizen suits where the Administrator has commenced and is pursuing an enforcement action. Permits the awarding of court costs to the substantially prevailing party. States that the United States may intervene as a matter of right in all citizen suits in which it is not otherwise a party. Requires the Federal Government to provide the assurances that it will pay a share of the remedial action and maintenance costs of a cleanup on Indian lands that is otherwise required to be made by a State. Authorizes Indian tribes to recover damages for injury to natural resources from hazardous substance releases, except as specified. Includes Indian tribes on the same basis as States under certain provisions of CERCLA. Requires the Administrator to commence a study on the adverse effects of drilling fluids, produced waters, and other wastes associated with the production of crude oil or natural gas on human health and the environment within six months of this Act's enactment. Title III: Community Right to Know and Emergency Planning - Requires owners and operators of facilities which produce, use, or store hazardous chemicals to file with local and State officials and periodically revise a material safety data sheet for each hazardous chemical. Requires such sheets to contain the same information as the sheets required under the Occupational Safety and Health Act. Requires each State Governor to designate the appropriate government officials to receive such information and who in turn must make such information available to the public. Requires such owners and operators to supply such information to any other facility owner or operator who is receiving shipments of such chemicals. Requires owners and operators to supply health professionals with specific chemical information on a substance if requested to do so. Requires owners or operators to provide a material safety data sheet to such professionals when an emergency arises or it is medically necessary to do so. Limits the use of certain information to health-related needs. Directs each Governor to appoint a Hazardous Substance Emergency Response Commission to coordinate response planning in such State. Directs these Commissions to designate local Emergency Response Committees to develop and implement Emergency Response Plans in case of a a hazardous substance emergency. Requires such Plans to include emergency notification personnel and procedures, evacuation plans, and an assessment and use plan for local medical and police resources. Requires the owner or operator of a facility having a hazardous substance emergency to immediately notify the appropriate authorities according to the Plan, including providing an emergency bulletin for the community which provides sufficient chemical and response information to inform the public of the nature of the crisis. Preempts State and local law in the area of chemical hazard communication. Establishes civil penalties for violations of these requirements and provides for court-ordered enforcement of the medical information provisions. Permits owners and operators to withhold trade secret information from their material safety data sheets, but not from medical personnel. Title IV: Provisions Relating to Taxation - Amends the Internal Revenue Code to extend the environmental tax on petroleum and certain chemical feedstocks for five years, through FY 1990. Repeals the Post-Closure Liability Trust Fund and tax. Exempts certain chemicals from such tax, including: (1) methane or butane used as fuel; (2) substances used in the production of fertilizer; (3) sulfuric acid produced as a byproduct of air pollution control; (4) substances derived from coal; (5) substances used in the production of motor fuel; (6) substances having transitory presence during the refining process; and (7) substances used in the production of animal feed. Allows refunds or credits for certain uses. Imposes a waste end tax sufficient to raise $300,000,000 in each of the five years of the environmental tax extension period. Imposes a broad-based corporate tax sufficient to raise $900,000,000 in each of those five years. Deposits all such revenues in Superfund. Imposes taxes sufficient to raise $250,000,000 in each of the five years for deposit in the Petroleum Release Response Account.
United States · United States Congress · 20 June 1985
Single-Employer Pension Plan Termination Insurance Premium Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to increase from $2.60 to $8.50 per capita the annual permium rate payable to the Pension Benefit Guaranty Corporation (the Corporation) by single-employer pension plans for plan years beginning after December 31, 1985. Authorizes the Corporation to establish annual premiums in accordance with revised rate bases. Requires that congressional approval of the Corporation's recommended revised premium schedules be by the enactment of a joint resolution. (Current law requires a concurrent resolution for such purpose.)
United States · United States Congress · 20 June 1985
Single-Employer Pension Plan Amendments Act of 1985 - Amends title IV (Plan Termination Insurance) of the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to the single-employer pension plan termination insurance program. Sets forth redefinitions or new definitions relating to such program for the following terms: (1) substantial employer; (2) contributing sponsor; (3) controlled group; (4) single-employer plan; (5) benefit entitlements; (6) amount of unfunded guaranteed benefits; (7) amount of unfunded benefit entitlements; (8) outstanding amount of benefit entitlements; (9) person; (10) affected party; and (11) section 4049 trustee. Sets forth a technical correction to the Multiemployer Pension Plan Amendments of 1980. Amends ERISA to increase from $2.60 to $8.50 per capita the annual premium rate payable to the Pension Benefit Guaranty Corporation (the Corporation) by single-employer plans for plan years beginning after December 31, 1985. Authorizes the Corporation to establish annual premiums in accordance with revised rate bases. Requires that congressional approval of the Corporation's recommended revised premium schedules be by the enactment of a joint resolution (currently a concurrent resolution is required). Directs the chairmen of specified congressional committees to appoint an advisory council to study the premiums established under the single-employer pension plan termination insurance program under title IV of ERISA. Sets forth requirements relating to such council's membership and the matters to be studied by it. Requires the council to report to specified congressional officers within two years after enactment of this Act. Directs the Corporation and other Federal agencies to provide the council with relevant information. Authorizes appropriations to the council for FY 1985 and 1986. Specifies that the adoption and operation of a provision of a single-employer plan amendment is not a termination, for purposes of the title IV plan termination insurance program, if the sole effect of such provision is to provide that some or all service performed on or after a specified date will not be taken into account under the plan solely for purposes of determining benefits accrued on or after such specified date (in accordance with specified tax provisions). Sets forth notice requirements relating to such plan amendments. Sets forth general requirements relating to the termination of single-employer plans by plan administrators. Provides that, except for terminations instituted by the Corporation, a single-employer plan may be terminated only in a standard termination or a distress termination, as provided under this Act. Requires plan administrators to provide written notice to each affected party not later than 90 days before the proposed plan termination date. (Defines "affected party" as any plan participant, beneficiary, employee organization representing such participants, the Corporation, or their designees.) Sets forth procedures in the event of adjudicatory proceedings related to such standard or distress terminations. Provides that, for purposes of such termination requirements, a single-employer plan is sufficient for: (1) benefit entitlements if there is no amount of unfunded benefit entitlements under the plan; and (2) guaranteed benefits if there is no amount of unfunded guaranteed benefits under the plan. Sets forth general requirements and procedures for standard terminations of single-employer plans. Allows a single-employer plan to terminate under a standard termination only if: (1) the plan is sufficient for benefit entitlements; (2) the plan administrator provides a required 90-day advance notice to affected parties; (3) specified requirements for notice to the Corporation and notice to the participants and beneficiaries of benefit entitlements are met; and (4) the Corporation does not issue a notice of noncompliance. Provides for final distribution of assets in the absence of a notice of noncompliance. Sets forth alternative methods of such final distribution. Requires the plan administrator to certify to the Corporation that such assets have been distributed. Provides that such standard termination provisions shall not affect the Corporation's authority nor obligations with respect to specified matters relating to termination. Sets forth requirements and procedures for distress terminations of single-employer plans. Requires, before such distress terminations are allowed, that the contributing sponsor and its controlled group demonstrate the existence of a significant distress situation. Sets forth notification and information requirements for such proposed distress terminations. Directs the Corporation to determine in each case whether necessary distress criteria for a distress termination are met in at least one of four categories: (1) recent funding waivers; (2) liquidation in bankruptcy or insolvency proceedings; (3) termination required to enable payment of debts while staying in business; or (4) unreasonably burdensome pension costs caused by declining workforce. Sets forth distress termination procedures. Directs the Corporation, if it determines that the requirements for a distress termination are met, to: (1) determine whether the plan is sufficient for guaranteed benefits as of the termination date or that the information made available is insufficient for such a determination; (2) determine whether the plan is sufficient for benefit entitlements as of the termination date or that the information made available is insufficient for such a determination; and (3) notify the plan administrator of such determinations as soon as practicable. Sets forth provisions for implementation of distress terminations in cases: (1) of sufficiency for benefit entitlements; (2) of sufficiency for guaranteed benefits without a finding of sufficiency for benefit entitlements; and (3) without any finding of sufficiency. Sets forth procedures relating to a finding, after authorized commencement of termination, that the plan is unable to pay benefits when due. Sets forth requirements for the administration of the plan in the interim between the plan administrator's notice of distress termination to the Corporation and receipt of the Corporation's determination. Requires that plans which are terminated under distress terminations on the basis of bankruptcy or insolvency be restored to pretermination status if, under specified circumstances, liquidation proceedings are converted to reorganization proceedings. Requires the Corporation to institute court proceedings to terminate a single-employer plan whenever it determines that the plan does not have assets available to pay benefits that are currently due under the terms of the plan. Specifies that under provisions for the institution of termination proceedings by the Corporation, a court-appointed trustee's power to collect amounts due the plan includes collection from persons obligated to meet specified requirements under ERISA, the Internal Revenue Code, or the terms of the plan. Amends subtitle D (Liability) of title IV of ERISA to revise provisions relating to the liability of certain employers who maintained a single-employer plan at the time it was terminated. Sets forth liabilities relating to benefit entitlements in excess of benefits guaranteed by the Corporation. Provides that any person who is, on the termination date, a contributing sponsor of the plan, or a member of such a contributing sponsor's controlled group, shall incur liability to the Corporation and to the section 4049 trustee, in any case in which a single-employer plan is terminated in a distress termination or a termination otherwise instituted by the Corporation. Makes such liability to the Corporation equal to the sum of: (1) the amount of the plan's funding shortage; (2) the total amount of unfunded guaranteed benefits (as of the termination date) of all participants and beneficiaries under the plan; and (3) interest calculated from the termination date. Makes such liability due and payable as of the termination date, in cash or securities acceptable to the Corporation, but allows payments to the Corporation under a profits schedule for that amount of such liability which exceeds 30 percent of the collective net worth of persons subject to such liability. Sets forth requirements for annual liability payments under the profits schedule. Sets forth formulas relating to satisfaction of such liability under the profits schedule. Permits alternative arrangements for the satisfaction of liability to the Corporation. Makes such persons liable to the section 4049 trustee if there is an outstanding amount of benefit entitlements under the plan. Sets forth requirements for annual payments and formulas for the satisfaction of such liability to the section 4049 trustee. Amends Internal Revenue Code provisions relating to consideration of certain employer liability payments as contributions to provide for the deductibility of liability payments: (1) under alternative arrangements with the Corporation; (2) to section 4049 trustees. Amends subtitle C (Terminations) of title IV of ERISA to add provisions for distribution to participants and beneficiaries of liability payments to the section 4049 trustee. Directs the Corporation to appoint either itself or another person to act as the section 4049 trustee. Directs such trustee to establish a separate trust with respect to the terminated plan, to be used exclusively for: (1) receipt of such liability payments; (2) making such distributions to participants and beneficiaries; and (3) defraying reasonable administrative expenses. Sets forth procedures for such distributions by the trustee, including carry-over of minimal payment amounts. Amends Internal Revenue Code provisions relating to a list of tax-exempt organizations to include such ERISA section 4049 trusts. Amends subtitle D (Liability) of title IV of ERISA to add provisions relating to the treatment of transactions to evade liability and relating to the effect of corporate reorganization. Provides that, if a principal purpose of any transaction is to evade liability under subtitle D: (1) such transaction shall be disregarded; and (2) persons who entered into it with such principal purpose shall be subject to liability in connection with the termination of the plan as if they were contributing sponsors. Sets forth rules applicable to certain corporate reorganizations. Makes the successor corporation or corporations liable under subtitle D in cases of: (1) mere changes in identity, form, or place of organization; and (2) mergers, consolidations, or divisions. Makes the parent corporation liable under subtitle D in cases of liquidation into the parent corporation. Amends subtitle D (Liability) of title IV of ERISA to provide for additional enforcement authority relating to terminations of single-employer plans. Permits the bringing of actions to obtain an injunction or other appropriate equitable relief to enforce, or to redress violations of, specified provisions relating to single-employer plan terminations and liability under title IV of ERISA. Allows the following individuals or groups to bring such actions: fiduciaries, employers, contributing sponsors, members of contributing sponsors' controlled groups, participants, beneficiaries, or employee organizations representing participants or beneficiaries. Sets forth provisions relating to: (1) the status of a plan as party to the action and with respect to the legal process; (2) jurisdiction and venue; (3) right of the Corporation to intervene and to be represented by attorneys appointed by it; (4) venue of suits against the Corporation; (5) awards of costs and expenses; and (6) time limitations on such actions. Sets forth conforming, technical, and miscellaneous amendments.
United States · United States Congress · 20 June 1985
Single-Employer Pension Plan Amendments Act of 1985 - Amends title IV (Plan Termination Insurance) of the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to the single-employer pension plan termination insurance program. Sets forth redefinitions or new definitions relating to such program for the following terms: (1) substantial employer; (2) contributing sponsor; (3) controlled group; (4) single-employer plan; (5) benefit entitlements; (6) amount of unfunded guaranteed benefits; (7) amount of unfunded benefit entitlements; (8) outstanding amount of benefit entitlements; (9) person; (10) affected party; and (11) section 4049 trustee. Sets forth a technical correction to the Multiemployer Pension Plan Amendments of 1980. Specifies that the adoption and operation of a provision of a single-employer plan amendment is not a termination, for purposes of the title IV plan termination insurance program, if the sole effect of such provision is to provide that some or all service performed on or after a specified date will not be taken into account under the plan solely for purposes of determining benefits accrued on or after such specified date (in accordance with specified tax provisions). Sets forth notice requirements relating to such plan amendments. Sets forth general requirements relating to the termination of single-employer plans by plan administrators. Provides that, except for terminations instituted by the Corporation, a single-employer plan may be terminated only in a standard termination or a distress termination, as provided under this Act. Requires plan administrators to provide written notice to each affected party not later than 90 days before the proposed plan termination date. (Defines "affected party" as any plan participant, beneficiary, employee organization representing such participants, the Corporation, or their designees.) Sets forth procedures in the event of adjudicatory proceedings related to such standard or distress terminations. Provides that, for purposes of such termination requirements, a single-employer plan is sufficient for: (1) benefit entitlements if there is no amount of unfunded benefit entitlements under the plan; and (2) guaranteed benefits if there is no amount of unfunded guaranteed benefits under the plan. Sets forth general requirements and procedures for standard terminations of single-employer plans. Allows a single-employer plan to terminate under a standard termination only if: (1) the plan is sufficient for benefit entitlements; (2) the plan administrator provides a required 90-day advance notice to affected parties; (3) specified requirements for notice to the Corporation and notice to the participants and beneficiaries of benefit entitlements are met; and (4) the Corporation does not issue a notice of noncompliance. Provides for final distribution of assets in the absence of a notice of noncompliance. Sets forth alternative methods of such final distribution. Requires the plan administrator to certify to the Corporation that such assets have been distributed. Provides that such standard termination provisions shall not affect the Corporation's authority nor obligations with respect to specified matters relating to termination. Sets forth requirements and procedures for distress terminations of single-employer plans. Requires, before such distress terminations are allowed, that the contributing sponsor and its controlled group demonstrate the existence of a significant distress situation. Sets forth notification and information requirements for such proposed distress terminations. Directs the Corporation to determine in each case whether necessary distress criteria for a distress termination are met in at least one of four categories: (1) recent funding waivers; (2) liquidation in bankruptcy or insolvency proceedings; (3) termination required to enable payment of debts while staying in business; or (4) unreasonably burdensome pension costs caused by declining workforce. Sets forth distress termination procedures. Directs the Corporation, if it determines that the requirements for a distress termination are met, to: (1) determine whether the plan is sufficient for guaranteed benefits as of the termination date or that the information made available is insufficient for such a determination; (2) determine whether the plan is sufficient for benefit entitlements as of the termination date or that the information made available is insufficient for such a determination; and (3) notify the plan administrator of such determinations as soon as practicable. Sets forth provisions for implementation of distress terminations in cases: (1) of sufficiency for benefit entitlements; (2) of sufficiency for guarantee benefits without a finding of sufficiency for benefit entitlements; and (3) without any finding of sufficiency. Sets forth procedures relating to a finding, after authorized commencement of termination, that the plan is unable to pay benefits when due (whether these are guaranteed benefits only or benefit entitlements which are not guaranteed benefits). Sets forth requirements for the administration of the plan in the interim between the plan administrator's notice of distress termination to the corporation and receipt of the Corporation's determination. Requires that plans which are terminated under distress terminations on the basis of bankruptcy or insolvency be restored to pretermination status if, under specified circumstances, liquidation proceedings are converted to reorganization proceedings. Requires the Corporation to institute court proceedings to terminate a single-employer plan whenever it determines that the plan does not have assets available to pay benefits that are currently due under the terms of the plan. Specifies that, under provisions for the institution of termination proceedings by the Corporation, a court-appointed trustee's power to collect amounts due the plan includes collection from persons obligated to meet specified requirements under ERISA, the Internal Revenue Code, or the terms of the plan. Amends subtitle D (Liability) of title IV of ERISA to revise provisions relating to the liability of certain employers who maintained a single-employer plan at the time it was terminated. Sets forth liabilities relating to benefit entitlements in excess of benefits guaranteed by the Corporation. Provides that any person who is, on the termination date, a contributing sponsor of the plan, or a member of such a contributing sponsor's controlled group, shall incur liability to the corporation and to the section 4049 trustee, in any case in which a single-employer plan is terminated in a distress termination or a termination otherwise instituted by the Corporation. Makes such liability to the Corporation equal to the sum of: (1) the amount of the plan's funding shortage; (2) the total amount of unfunded guaranteed benefits (as of the termination date) of all participants and beneficiaries under the plan; and (3) interest calculated from the termination date. Makes such liability due and payable as of the termination date, in cash or securities acceptable to the Corporation, but allows payments to the Corporation under a profits schedule for that amount of such liability which exceeds 30 percent of the collective net worth of persons subject to such liability. Sets forth requirements for annual liability payments under the profits schedule. Sets forth formulas relating to satisfaction of such liability under the profits schedule. Permits alternative arrangements for the satisfaction of liability to the Corporation. Makes such persons liable to the section 4049 trustee if there is an outstanding amount of benefit entitlements under the plan. Sets forth requirements for annual payment and formulas for the satisfaction of such liability to the section 4049 trustee. Amends subtitle C (Terminations) of title IV of ERISA to add provisions for distribution to participants and beneficiaries of liability payments to the section 4049 trustee. Directs the Corporation to appoint either itself or another person to act as the section 4049 trustee. Directs such trustee to establish a separate trust with respect to the terminated plan, to be used exclusively for: (1) receipt of such liability payments; (2) making such distributions to participants and beneficiaries; and (3) defraying reasonable administrative expenses. Sets forth procedures for such distributions by the trustee, including carry-over of minimal payment amounts. Amends subtitle D (Liability) of title IV of ERISA to add provisions relating to the treatment of transactions to evade liability and relating to the effect of corporate reorganization. Provides that, if a principal purpose of any transaction is to evade liability under subtitle D: (1) such transaction shall be disregarded; and (2) persons who entered into it with such principal purpose shall be subject to liability in connection with the termination of the plan as if they were contributing sponsors. Sets forth rules applicable to certain corporate reorganizations. Makes the successor corporation or corporations liable under subtitle D in cases of: (1) mere changes in identity, form, or place of organization; and (2) mergers, consolidations, or divisions. Makes the parent corporation liable under subtitle D in cases of liquidation into the parent corporation. Amends subtitle D (Liability) of title IV of ERISA to provide for additional enforcement authority relating to terminations of single-employer plans. Permits the bringing of actions to obtain an injunction or other appropriate equitable relief to enforce, or to redress violations of, specified provisions relating to single-employer plan terminations and liability under title IV of ERISA. Allows the following individuals or groups to bring such actions: fiduciaries, employers, contributing sponsors, members of contributing sponsors' controlled groups, participants, beneficiaries, or employee organizations representing participants or beneficiaries. Sets forth provisions relating to: (1) the status of a plan as party to the action and with respect to the legal process; (2) jurisdiction and venue; (3) right of the Corporation to intervene and to be represented by attorneys appointed by it; (4) venue of suits against the Corporation; (5) awards of costs and expenses; and (6) time limitations on such actions. Sets forth conforming, technical, and miscellaneous amendments.
United States · United States Congress · 20 June 1985
Home Employment Enterprise Act - Amends the Fair Labor Standards Act of 1938 to permit individuals to engage in industrial homework (including sewing, knitting, jewelry, or craftmaking) or perform any service in or about their place of residence as employees of any employer covered by such Act if the employer complies with minimum wage and maximum hours requirements under such Act.
United States · United States Congress · 20 June 1985
Designates the week beginning October 6, 1985, as National Sudden Infant Death Syndrome Awareness Week.
United States · United States Congress · 19 June 1985
Designates the week beginning on December 1, 1985, as National Home Health Care Week.
United States · United States Congress · 12 June 1985
Designates the month of November 1985 as National Diabetes Month.
United States · United States Congress · 11 June 1985
Authorizes and requests the President to designate the week beginning October 20, 1985, as The Lessons of Grenada Week.
United States · United States Congress · 6 June 1985
Reproductive Health Equity Act - Amends title XIX (Medicaid) of the Social Security Act, the Indian Health Care Improvement Act, the Peace Corps Act, the District of Columbia Self-Government and Governmental Reorganization Act, and other Federal laws covering armed forces personnel and dependents and Federal employees' health benefits to provide that services related to abortion be made available in the same manner as are other pregnancy-related services under federally funded programs.
United States · United States Congress · 15 May 1985
Designates the month of November 1985 as National Hospice Month.