United States · United States Congress · 30 July 1985
Pension Plan Reversion Moratorium Act of 1985 - Provides for a 270-day moratorium, beginning on June 12, 1985, on: (1) the Secretary of the Treasury's issuance of determinations of continuing qualification of certain retirement plans, under specified Internal Revenue Code provisions, upon actual or proposed plan terminations; and (2) the Pension Benefit Guaranty Corporation's issuance of notices of sufficiency of assets with respect to certain plans under specified provisions of the Employee Retirement Income Security Act of 1974. Makes such moratorium effective only in cases where plan termination has resulted or would result in an aggregate amount of reversions to employers in excess of $1,000,000. Sets forth the effects of such moratorium on declaratory judgments relating to qualification and on the period of issuance of a notice of sufficiency. Sets forth procedures under which the Secretary of Treasury may waive such moratorium in cases of substantial business hardship. Declares that such moratorium shall not apply to multiemployer plans.
United States · United States Congress · 18 July 1985
Authorizes the President, on behalf of the Congress, to present a gold medal to Aaron Copland in recognition of his contributions to American musical composition. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 18 July 1985
Trade Emergency and Export Promotion Act - Declares that actions by the President, the International Trade Commission (ITC), the Secretary of the Treasury, the Secretary of Agriculture, and the U.S. Trade Representative (USTR) pursuant to this Act shall not be reviewable by any court, except for abuse of discretion. Title I: International Trade Actions and Agreements - Declares that a national emergency exists because of distortions and imbalances in trade and instability in exchange rates and that such emergency requires extraordinary measures, including action to: (1) restore the value of the dollar; and (2) either eliminate foreign unfair trade barriers or prohibit countries which employ such barriers from enjoying trade surpluses with the United States or increasing shares of world export markets. Authorizes the President to negotiate and enter into with any foreign country or entity agreements limiting the export from such country or entity, and the importation into the United States, of any article. Directs the USTR to initiate proceedings against Japan before appropriate international bodies in order to obtain authorization to take trade actions against Japan on the grounds that: (1) Japan has failed to comply with trade agreements entered into with the United States; and (2) Japan has adopted numerous domestic policies and practices that impair and violate such trade agreements and impede achievement of their objectives. Directs the USTR, with the cooperation of the Secretary of Agriculture, to initiate actions under all international trade agreements to which the United States is a party in order to take appropriate countermeasures against agricultural export subsidies provided by the European Communities and other countries which will be used to prevent: (1) injury to U.S. agricultural producers; (2) nullification or impairment of such trade agreements; and (3) serious prejudice to the United States. Authorizes the USTR to initiate actions against each foreign country (except Japan and the European Communities) or entity that was an excess worldwide trade surplus country or an excess bilateral trade surplus country for 1984 under all applicable U.S. laws and international agreements in order to: (1) enforce the rights of the United States under such international agreements; and (2) obtain the elimination of certain trade acts, policies, and practices of such countries or entities. Directs the USTR to explain in proceedings initiated under this title that the United States finds it necessary to take the actions provided in title II of this Act as interim measures pending the outcome of such proceedings in order to protect vital U.S. interests. Directs the Secretary of the Treasury to develop a plan to reduce fluctuations between currencies on foreign currency exchange markets. Sets forth characteristics of such plan. Title II: Interim Domestic Trade Actions to Respond to the Trade Emergency - Subtitle A: Stand-by Duties - Directs the ITC to determine annually each major exporting country's: (1) worldwide nonpetroleum export percentage; (2) bilateral nonpetroleum export percentage; (3) worldwide nonpetroleum trade surplus; (4) bilateral nonpetroleum trade surplus; (5) worldwide trade surplus limitation; and (6) bilateral trade surplus limitation. Requires the ITC to report annually to the President on: (1) the determinations on the trade of such major exporting countries; (2) the identity of each foreign country which was an excess worldwide trade surplus country or excess bilateral trade surplus country during the preceding year; and (3) whether or not standby duties should be imposed on imports from such countries. Requires the President, within 15 days of receiving such report to determine, with respect to each country identified as an excess worldwide trade surplus country or excess bilateral trade surplus country: (1) whether such country unfairly restricts or limits the access of imports to its markets; and (2) if the President determines that such country does restrict access to its markets, whether such restriction contributes to that country's trade surplus. Requires the President, if both such determinations are positive, to impose stand-by duties on all imports from such countries. Prohibits making such determinations or imposing such duties if the U.S. trade deficit divided by the U.S. gross national product is less than one and one-half percent. Requires the President to report to the Congress, within 15 days of receiving the reports on worldwide and bilateral trade, on the determinations made with respect to imposing stand-by duties. Declares that the rate of a stand-by duty shall be 25 percent ad valorem and that such duty shall be in addition to any other duties. Provides for the implementation of such duties. Requires all revenues from such stand-by duties to be allocated to the Public Debt Reduction Account in the Treasury. Expresses the sense of the Congress that all funds in such Account be used only to reduce the Federal debt. Directs the Secretary of the Treasury to report annually to the Congress on the revenue derived from such stand-by duties. Prohibits imposing stand-by duties on articles imported after April 30, 1992. Prohibits requiring reports and determinations on trade surpluses after April 1991. Subtitle B: Reports - Directs the President to report annually to specified congressional committees on the operation of this Act. Title III: Trade Law Reform - Amends the Trade Act of 1974 to transfer to the USTR from the President the authority to order import relief and the authority to extend tariff preferences. Amends the Tariff Act of 1930 to transfer to the USTR from the President the authority to approve or disapprove ITC actions to prevent unfair practices in import trade.
United States · United States Congress · 16 July 1985
Amends title XVIII (Medicare) of the Social Security Act to permit a hospital to furnish extended care services if the hospital: (1) is located in a rural area and has at least 50 beds and not more than 150 beds; and (2) the hospital certifies that the average daily census in any year of individuals receiving such extended care services does not exceed 40 individuals. Prohibits Medicare payments for extended care services furnished to an extended care patient in a hospital after the end of the five day period beginning on which such patient could be in a skilled nursing facility.
United States · United States Congress · 11 July 1985
Expresses the sense of the House of Representatives that the: (1) local field office structure of the Social Security Administration should be maintained, strengthened, and fully staffed; and (2) proper amount of administrative costs of such offices should approximate 1.5 percent of the costs of the social security benefit programs serviced by such offices.
United States · United States Congress · 10 July 1985
Urges the President to begin talks with the Soviet Union aimed at creating a jointly administered U.S.-Soviet student exchange program. Sets forth certain aspects of such exchange program.
United States · United States Congress · 25 June 1985
Dairy Unity Act of 1985 - Amends the Agricultural Act of 1949 to extend milk price supports for FY 1986 through 1990. Sets the preliminary support price as the product of $8.83 per hundred weight and the adjusted cost of production index (as formulated under this Act). Directs the Secretary of Agriculture to establish such support level on October 1 of each year. Directs the Secretary to provide for a support reduction if a milk diversion program is in effect. Extends milk diversion authority through FY 1990. Authorizes reductions if estimated purchases are between 5,000,000,000 pounds and 7,000,000,000 pounds, and requires them if such estimates exceed 7,000,000,000 pounds. Provides a civil penalty for a person who purchases one or more dairy cattle for slaughter and fails to slaughter such cattle within a reasonable time. Expresses the sense of the Congress that two years after the date of enactment of this Act the congressional agricultural committees should make an evaluation of the cost of production index. Amends the Dairy Production Stabilization Act of 1983 to establish in the Department of Agriculture a National Dairy Research Endowment Institute to provide a permanent system for funding dairy market-expansion research activities. Establishes in the Treasury a Dairy Research Trust Fund. Extends through FY 1990: (1) the dairy indemnity program; and (2) the program authorizing dairy products to be transferred to the military and to veterans' hospitals. Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to set forth minimum price adjustments for fluid milk marketing orders. Amends the Agriculture and Food Act of 1981 to extend seasonal production adjustment authority through FY 1990. Authorizes: (1) marketwide service payments; and (2) cooperative association representation. States that the legal status of producer milk handlers under the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, shall be the same after enactment of this Act as it was before such date.
United States · United States Congress · 25 June 1985
Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to consider as overpayments the payments made to a deceased beneficiary that are received by an entitled surviving beneficiary.
United States · United States Congress · 21 June 1985
Directs the President to include within his FY 1988 budget submitted to the Congress a two-year Department of Defense proposed budget for FY 1988 and 1989. Directs the President to thereafter submit a proposed two-year budget for such Department every other year. Requires the Secretary of Defense, not later than July 1, 1986, to report to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives on a proposed two-year budget cycle for the Department of Defense.
United States · United States Congress · 18 June 1985
Directs the Administrator of the Environmental Protection Agency and the Secretary of Agriculture to jointly conduct a study of the use of unleaded fuel in agricultural machinery and to report to the Congress on such study. Prohibits any reduction in the permitted lead level in gasoline below a specified level until after the Congress receives such report. Authorizes appropriations
United States · United States Congress · 18 June 1985
Department of Agriculture Reorganization Act of 1985 - Title I: Reorganization Within Department of Agriculture - Establishes within the Department of Agriculture the Rural Development Administration, which shall be headed by an Administrator appointed by the President with the advice and consent of the Senate. Renames the Farmers Home Administration (FmHA) the Farm Administration. Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to make grants to nonprofit institutions to establish rural technology development centers to seek to improve rural economic conditions. Permits the Secretary to provide employment related technical assistance in economically depressed rural areas. Authorizes grants for up to 75 percent of the administrative cost of rural development projects incurred by organizations and public bodies. Directs the Secretary to carry out provisions of the Consolidated Farm and Rural Development Act, except for specified loan provisions, through the Rural Development Administration. States that titles V (Rural Development and Small Farm Research and Education) and VI (Miscellaneous) of the Rural Development Act of 1972 shall be carried out through the Rural Development Administration. Amends the Agriculture and Food Act of 1981 to expand the number of designated assistance areas from 225 to 450. Transfers certain conservation loan programs from the Farmers Home Administration (FmHA) to the Soil Conservation Service. Makes conforming amendments to specified agricultural and rural affairs Acts. Title II: Administration of Federal Rural Housing and Community Development Programs - Transfers to the Rural Development Administration all functions of the Farmers Home Administration relating to: (1) the FmHA loan program; and (2) certain trusts that may be established under the Federal National Mortgage Association Charter Act. Title III: Administrative Provisions - Sets forth administrative provisions.
United States · United States Congress · 13 June 1985
Expresses the sense of the Congress that procurement of the new U.S. weather radar system, NEXRAD, continue on schedule and according to the established minimum requirements agreed to by the National Weather Service, the Federal Aviation Administration, and the Department of Defense.
United States · United States Congress · 12 June 1985
Fair Insurance Coverage Act - Prohibits any insurer from discriminating in an insurance contract against any person because of blindness. Includes within the prohibition refusing to make or negotiate a contract for insurance or giving different treatment with respect to terms, conditions, rates, or benefits because of blindness. Establishes a preference for State actions prior to judicial enforcement under this Act. Authorizes any aggrieved person, in the absence of State actions or jurisdiction, to bring an action under this Act for individual relief. Authorizes the Attorney General of the United States to bring an action for injunctive relief whenever there is reasonable cause to believe a person is engaged in a pattern or practice of discrimination or when an individual is aggrieved and an issue of general public importance is raised. Grants the Federal district courts jurisdiction of such actions regardless of the amount in controversy. Allows a court to order monetary, equitable, or other appropriate relief, including punitive damages.
United States · United States Congress · 11 June 1985
Amends title XVIII (Medicare) of the Social Security Act to provide for the appointment of two additional members to the Prospective Payment Assessment Commission.
United States · United States Congress · 6 June 1985
Amends the Federal criminal code to provide a mandatory life sentence (except when the death penalty is invoked) for any person convicted of gathering or delivering defense information to a foreign government.
United States · United States Congress · 6 June 1985
Plan Termination and Reversion Control Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) to revise provisions relating to terminations of single-employer plans and reversions to employers resulting from such terminations. Prohibits mergers and consolidations of pension plans and transfers of plan assets or liabilities if any act or failure to act in accomplishing the merger, consolidation, or transfer violates the fiduciary duty of the employer under specified provisions (which provide that the assets of a plan shall never inure to the benefit of any employer and shall be held for the exclusive purposes of providing benefits to plan participants and their beneficiaries and defraying reasonable administrative expenses of the plan). Sets forth provisions for fiduciary responsibility: (1) for meeting specified requirements relating to distribution of residual assets upon termination of a single-employer plan; and (2) in connection with related plans following single-employer plan terminations. Makes it unlawful for any individual who is a party in interest, as described under specified provisions, in connection with a single-employer plan to exert undue influence on or cause a material misrepresentation to a plan fiduciary, with the intent to initiate or facilitate a plan termination in order to entrench or otherwise protect the status of such individual. Authorizes the Pension Benefit Guaranty Corporation (the Corporation) to assess a civil penalty against any person who commits such a violation. Limits the maximum amount of such penalty to five percent of the amount of any distribution from the plan to the employer pursuant to specified provisions. Makes such person also personally liable to make good to any aggrieved participant or beneficiary their losses resulting from such violation. Makes liability for any such violation joint and several. Authorizes the Corporation to seek: (1) injunctions against any act or practice constituting such a violation; or (2) other appropriate equitable relief to redress such violations or to enforce such requirements. Places limitations on distributions of residual assets to employers after single-employer plan terminations. Provides that those residual assets of the plan which are attributable to employee contributions shall be equitably distributed to the employees who made such contributions (or their beneficiaries) in accordance with their rate of contributions, in a specified manner. Provides that the remaining residual assets be available for distribution as follows: (1) 50 percent to participants and beneficiaries as compensation for unpaid constructive cost-of-living increases; and (2) 50 percent to participants who are within five years of normal retirement age under the plan. Provides for adjustments to the amounts of residual assets distributable to participants and beneficiaries through: (1) proration of available assets; (2) reallocation of excess available assets; and (3) adjustment to ensure equitable distribution. Provides that, only after all of the above requirements for distribution of residual assets to participants and beneficiaries have been met, any remaining residual assets shall be distributed to the employer if: (1) such distribution does not contravene any applicable Federal or State law; and (2) the plan has, since its establishment, provided explicitly for such a distribution in these circumstances. Gives plans in effect on the date of enactment of this Act 60 days after such date to contain such an explicit provision. Requires such plans to notify in writing each employee or retiree who qualifies as an interested party of the proposed plan amendment incorporating such provision at least 30 days before its adoption. Sets forth a special rule for distributions to employers in cases of transfers of coverage to other plans. Requires that any other residual assets of the plan, which remain after the above requirements for distribution to participants and beneficiaries are met and which are not distributable to employers because of the above requirements, be distributed to participants and beneficiaries in a specified manner. Directs the Corporation to issue regulations for such distributions of residual assets, including provision of consideration of administrative costs to the plan. Authorizes the Corporation to waive any such requirements, individually or by class, upon its determination that such administrative costs reader the distribution impracticable. Provides for increased availability to employers of residual assets upon certification of business necessity. Provides that a plan termination is a business necessity if it meets the requirements of: (1) a special rule for certain terminations incident to the sale of a business for fair value to an unrelated party; or (2) certain distress requirements. Provides that such distress requirements are met if the plan termination meets the conditions set forth in at least one of the following categories: (1) recent funding waivers; (2) liquidation in bankruptcy proceedings; (3) inability to pay debts and continue in business; and (4) unreasonably burdensome pension costs caused by a declining workforce (but not in the case of substantial layoffs). Precludes a business necessity determination: (1) where the primary purpose is to finance corporate take-overs; or (2) in the case of recently established plans, i.e. plans which have not completed five years. Revises ERISA provisions relating to the termination of single-employer plans to require 60 days' advance written notice to the plan participants and their beneficiaries before the plan administrator files a notice with the Corporation that the plan is to be terminated on a proposed date. Revises IRC provisions relating to plan qualification to set forth a five-year disqualification rule for replacement plans where plan termination is not a business necessity. Makes exceptions to such rule for derivative or successor plans which meet certain conditions. Places various limitations on the availability, after various types of employer reversions (i.e. employer acceptance of residual assets of a terminated plan pursuant to various requirements of this Act), of: (1) funding waivers for replacement plans; and (2) extensions of amortization periods for comparable plans. Requires faster funding for replacement plans after employer reversions. Provides that an alternative minimum funding standard is not available while such plans are subject to such faster funding requirement. Revises IRC provisions (relating to excise taxes in connection with qualified pension, etc., plans) to add an excise tax on reversions to employers upon termination of single-employer plans. Requires the employer to pay such tax in the amount of ten percent of the fair market value of the residual assets so distributed to the employer. Revises ERISA requirements relating to employer securities acquired or held by plans. Provides that, by specified dates and under certain conditions, a plan may not hold: (1) any employer security which is not qualifying employer stock; or (2) any qualifying employer stock to the extent that the aggregate fair market value of employer securities held by the plan exceeds five percent (currently ten percent) of the plan's assets. Provides for regulations requiring plans to divest themselves of 50 percent of their holdings of employer securities and employer real property by a specified deadline (in order to comply with the five percent limitation). Defines "qualifying employer stock" as an employer security which: (1) is stock in the employer; (2) does not constitute, and is not acquired subject to, any bond, debenture, note, or certificate or other evidence of indebtedness; and (3) is not subject to any restriction on marketability or voting power applicable by reason of its acquisition by a plan. Directs the Joint Board for the Enrollment of Actuaries to conduct a study of the reasonable actuarial assumptions and methods, for each of the various types of pension plans, which are appropriate for use by enrolled actuaries and others under ERISA and IRC in determining the actuarial status and funding requirements of such plans. Requires the Joint Board, within two years after enactment of this Act, to: (1) complete such study and report, with recommendations, to specified congressional committees; and (2) prescribe by regulation appropriate procedures for determining, for each type of plan, such appropriate actuarial assumptions and methods; and (3) determine such actuarial assumptions and methods for each type of pension plan in accordance with such procedures and publish such assumptions and methods in the Federal Register. Authorizes the Joint Board to: (1) revise by regulation the prescribed procedures; and (2) publish revised reasonable actuarial assumptions and methods for each type of plan. Requires the termination of enrollment of enrolled actuaries if they fail to use such prescribed assumptions and methods. Set forth requirements relating to the voting rights of participants in employee stock ownership plans (ESOPs) to which assets are transferred upon plan termination, under IRC tax qualification requirements and under ERISA transaction rules applicable irrespective of tax qualification status. Allows such transfer of assets only if: (1) the transfer is approved in advance in writing by a majority of the participants in the terminated plan; (2) the assets allocated to each participant are immediately deposited to an account under the ESOP for such participant; and (3) the voting ratio under the ESOP of each participant is not less than the participant's asset ratio under the plan. Makes the amendments made by this Act applicable (except as otherwise provided in this Act) to pension plan terminations with respect to which notices are filed with the Corporation, pursuant to specified ERISA provisions, on or after January 1, 1984. Treats any such notice filed before the date of the enactment of this Act as filed on such date for purposes of specified amendments made by this Act.
United States · United States Congress · 6 June 1985
Older Workers' Pension Rights Protection Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to require pension plans to allow: (1) participation by employees nearing retirement age; and (2) benefit accrual by participants to continue past normal retirement age.
United States · United States Congress · 5 June 1985
Expresses the Senate's commendation of the Soil Conservation Service on its 50th anniversary, and the Senate's commitment to vigorous soil and water conservation efforts.
United States · United States Congress · 4 June 1985
Amends the Federal criminal code to impose a mandatory life sentence (except when the death penalty is involved) upon any person convicted of gathering or delivering defense information to aid a foreign government.
United States · United States Congress · 4 June 1985
Designates August 14, 1985, as Social Security Day and the week of August 11 through August 17, 1985, as Social Security Week. Authorizes and requests the President to commemorate August 14, 1985, as the 50th anniversary of the Social Security Act.
United States · United States Congress · 23 May 1985
Forest Ecosystems and Atmospheric Pollution Research Act of 1985 - Directs the Secretary of Agriculture, acting through the Forest Service, to research the causes of declining forest productivity in North America and Europe, including the effects of air pollution. Requires the Secretary to report to the Congress at specified intervals on the existing research and the need for additional research and monitoring of forest decline, final report due within ten years. Authorizes appropriations for FY 1986 through 1996.
United States · United States Congress · 23 May 1985
Deplores and condemns the murder of Major Arthur D. Nicholson, Jr., and calls on the Soviet Union to apologize for his murder and to indemnify his family. Calls on the President to rename Checkpoint Charlie in honor of Major Nicholson.
United States · United States Congress · 22 May 1985
Young Astronaut Program Medal Act - Commemorates the Young Astronaut Program by directing the Secretary of the Treasury to strike and deliver to the Young Astronaut Council no more than 750,000 medals with emblems, devices, and inscriptions determined by the Secretary. Authorizes the Council to dispose of the medals at a premium and to have them delivered as required in quantities of no less than 2,000. Directs that no medals be struck after December 31, 1987. Directs the Secretary to set the price of the medals at no less than the manufacturing cost plus a surcharge of ten percent of such cost. Requires the furnishing of security sufficient to fully indemnify the United States for such costs. Directs that the medals be struck in gold, silver, and bronze and in such size or sizes as determined by the Secretary. Gives the U.S. Comptroller General the right to examine the records of the Council which are related to the medals.
United States · United States Congress · 16 May 1985
Children's Protection Act of 1985 - Amends the Racketeer Influenced and Corrupt Organizations Statute to extend the Act's coverage to the sexual exploitation of children. Authorizes a civil suit for treble damages for any person injured personally or in his or her business or property. Amends the Federal criminal code with regard to the sexual exploitation of children. Makes it a Federal offense to print or publish any statement or advertisement to receive, buy, produce, display, photograph, film, print or publish any statement or advertisement to receive, buy, produce, display, photograph, film, print or record any visual depiction of a minor engaging in sexually explicit conduct. Prohibits offering participation in sexually explicit conduct with a minor. Lists factors that may be considered in determining whether a person engaged in such conduct has attained the age of 18. Provides that the Government need not establish the identify of the alleged minor in a prosecution under this section. Increases the penalties for offenses involving the transportation of minors for prohibited sexual conduct.
United States · United States Congress · 16 May 1985
Expresses the sense of the Congress that U.S. national security policy should reflect a national strategy of peace through strength. Sets forth the principles and goals of such policy.
United States · United States Congress · 14 May 1985
Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage for anesthesia services and related care provided by a registered nurse anesthetist.
United States · United States Congress · 9 May 1985
Expresses the sense of the Congress that the Administrator of the Small Business Administration should be designated by the President as a member of the Cabinet and as the principal advisor on small business matters. Upgrades such position to level I of the Executive Schedule.
![Official portrait of Rep. Skelton, Ike [D-MO-4]](https://www.congress.gov/img/member/s000465_200.jpg)