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United States · Official source
5,991 records where Sen. Jeffords, James M. [I-VT] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 5 November 1985
Designates the week of February 9 through February 15, 1986, as National Humanities Week, 1986.
United States · United States Congress · 1 November 1985
Designates the week of December 1 through December 7, 1985, as National Autism Week.
United States · United States Congress · 31 October 1985
Anti-Terrorism Trade Preference Act of 1985 - Directs the Secretary of State to identify and publish the name of each country that repeatedly supports acts of international terrorism. Requires the Secretary to provide the Congress with a list of such countries annually. Imposes the following sanctions on countries identified as supporting international terrorism: (1) termination, withdrawal, or suspension of any treaty that relates to most-favored-nation treatment of such country; (2) denial of most-favored-nation treatment and imposition of column 2 tariff rates on imports from such countries; (3) non-application of the Generalized System of Preferences on imports from such countries; and (4) non-application of the provisions of the Caribbean Basin Economic Recovery Act with respect to the products of such countries. Authorizes the President to waive such sanctions if it would be in the best interests of the United States. Directs the President to notify the Congress 30 days before any such waiver takes effect.
United States · United States Congress · 30 October 1985
Fair Furniture Trade Act of 1985 - Amends the Trade Act of 1974 to authorize the President to enter into a trade agreement with Canada which provides for changes in the Canadian tariff treatment for U.S. furniture products. Requires such agreement to provide for the elimination of: (1) differing tariff levels on furniture trade between the United States and Canada; and (2) any Canadian nontariff barrier to U.S. furniture products. Sets forth factors the President shall consider in negotiating such agreement. Provides for staged increases in the tariff on imports of Canadian furniture until such a trade agreement is implemented. Directs the President to consult with specified congressional and other committees in negotiating such agreement. Directs the President to proclaim the necessary changes in the Tariff Schedules of the United States in order to implement such a trade agreement.
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 · 29 October 1985
Authorizes and requests the President to designate June 2 through June 8, 1986, as National Fishing Week.
United States · United States Congress · 28 October 1985
Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to update the figures used in determining the inpatient hospital deductible, extended care services coinsurance amount, and monthly premium. Amends the Internal Revenue Code to impose an additional excise tax on cigarettes. Deposits revenues raised by the additional tax into the Federal Hospital Insurance Trust Fund.
United States · United States Congress · 28 October 1985
Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to revise the method of determining the inpatient hospital deductible, extended care services coinsurance amount, and monthly premium. Amends the Internal Revenue Code to impose an additional excise tax on cigarettes. Deposits revenues raised by the additional tax into the Federal Hospital Insurance Trust Fund.
United States · United States Congress · 24 October 1985
Designates July 2, 1986, as National Literacy Day.
United States · United States Congress · 23 October 1985
Designates the week of April 6 through April 12, 1986, as World Health Week, and April 7, 1986, as World Health Day.
United States · United States Congress · 11 October 1985
Nuclear Waste Policy Improvement Act - Amends the Nuclear Waste Policy Act of 1982 to direct the Nuclear Regulatory Commission to add to the guidelines for repository site selection the following disqualifying factors: (1) the effect upon population centers and geohydrological resources located outside of the United States; and (2) whether any surface facility of such repository would be located in a general purpose State political subdivision having a minimum population of 2500. Requires the environmental assessment which accompanies a repository site recommendation to include the environmental impact of transporting high-level radioactive waste and spent nuclear fuel through the region surrounding such site. Requires the Secretary of Energy to include, in the comprehensive public statement and in the environmental impact statement which must accompany a repository site recommendation, the effect of the transportation of high-level radioactive waste and spent nuclear fuel on States and Indian reservations which contain possible transportation routes. Directs the Secretary to provide financial assistance to any State or Indian tribe which demonstrates that such assistance is needed to maintain safe routes for the transportation of high-level radioactive waste and spent nuclear fuel. Requires the Secretary to submit draft revisions of the mission plan (a comprehensive report regarding the repository program) to the affected States and Indian tribes, the Nuclear Regulatory Commission, and to the Congress, within a specified time.
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 · 8 October 1985
Establishes the United States Commission on Improving the Effectiveness of the United Nations to examine and evaluate the strengths and weaknesses of the United Nations and to submit to the President recommendations on ways to improve its effectiveness and the role of the United States in such organization. Sets forth specified items which the Commission should focus on in carrying out its duties. Requires the Commission to transmit to the President and to the Congress a report containing a detailed statement of its findings, conclusions, and recommendations. Authorizes appropriations and private contributions for the Commission. Terminates the Commission 60 days after the submission of its report.
United States · United States Congress · 7 October 1985
Declares that the Congress deplores the President's notification to the U.N. Secretary General that the United States is withdrawing from the compulsory jurisdiction of the International Court of Justice, and reaffirms its support for the international rule of law and the role of the Court.
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 · 3 October 1985
Designates November 6, 1985, as Ignacy Jan Paderewski Day.
United States · United States Congress · 1 October 1985
Social Security Budget and Administrative Reorganization Act of 1985 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a Commissioner of Social Security; (2) a Deputy Commissioner of Social Security; (3) a General Counsel; (4) an Inspector General; and (5) an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interests of beneficiaries under the Old Age, Survivors and Disability Insurance program and the Supplemental Security Income Program within the Administration. Requires the annual report of the Board to include a description of the activities of the Beneficiary Ombudsman. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan as established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board and the Director of the Office of Personnel Management to implement demonstration projects relating to personnel matters. Directs the Board and the Administrator of General Services to implement such projects relating to delegations from the Administrator. Specifies the authorities which are to be delegated to the Board from the Administrator and the Director. Requires the Comptroller General to report to specified congressional committees concerning such projects, including an evaluation of the Board's readiness to assume full and permanent authority. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Provides for the transfer to the Administration of all functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Sets forth effective date and transitional rule provisions. Title II: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs which he or she administers. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors, and Disability Insurance program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the Old-Age, Survivors and Disability Insurance program and the Medicare program and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each Trust Fund. Sets forth the effective dates of this title. Title III: Budgetary Treatment of Old-Age, Survivors, and Disability Insurance Program - Provides for off-budget treatment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund beginning with FY 1987.
United States · United States Congress · 1 October 1985
Child Health Incentives Reform Plan - Amends the Internal Revenue Code to deny employers an income tax deduction for group health plan expenses unless such plan includes coverage for pediatric preventive health care. Defines "pediatric preventive health care" for purposes of qualification for such income tax deduction.
United States · United States Congress · 26 September 1985
Establishes the National Commission on POWs and MIAs to investigate and make recommendations concerning the status of members of the armed forces who are officially recorded as being prisoners of war or missing in action. Directs the Commission to report annually to the President and to the Congress its findings, conclusions, and recommendations with respect to the status of those listed as prisoners of war or missing in action. Continues such Commission until terminated by an Act of Congress.
United States · United States Congress · 26 September 1985
Congressional Foreign Travel Accountability Act of 1985 - Prohibits the use of Federal funds for the expenses of foreign travel by Members of Congress or congressional officers or employees unless such expenses are paid out of a specific appropriation included in the Legislative Branch Appropriation Act or any supplement thereto. Requires such travel to be accomplished by the most economical means possible. Requires congressional committees to establish guidelines to avoid duplicative and unnecessary travel and to file quarterly reports on such travel for public inspection. Sets forth civil penalties for persons who use such reports for unlawful, commercial, or solicitation purposes.
United States · United States Congress · 26 September 1985
National Security and Trade Act - Amends the Trade Expansion Act of 1962 to provide that if the President does not act upon the recommendations of the Secretary of Commerce relating to imports that threaten national security within 90 days of receiving those recommendations, the Secretary's recommendation shall be deemed to be adopted by the President and shall have the full force and effect of law. Declares that if a petition was filed with the Secretary of Commerce before March 15, 1983, and if the Secretary submitted recommendations to the President before March 15, 1984, and the President did not act on those recommendations by September 15, 1985, the recommendations of the Secretary are deemed to be adopted by the President and have the full force and effect of law unless, by the date of enactment of this Act, the United States has negotiated an import limitation agreement with any country whose exports to the United States exceed 30 percent of the total value of imports of such items.
United States · United States Congress · 26 September 1985
Designates the Fallen Firefighter Statue and Plaza in Colorado Springs, Colorado, as the National Fallen Firefighters Memorial.
United States · United States Congress · 26 September 1985
Designates 1987 as the Year of Thanksgiving.
United States · United States Congress · 26 September 1985
Designates November 11, 1985, as George S. Patton Day.
United States · United States Congress · 26 September 1985
Commemorates the accomplishments of the Education for All Handicapped Children Act on its tenth anniversary.
United States · United States Congress · 23 September 1985
Small Business Superfund Clean-up Technology Research Act of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) to direct the President to establish the Small Business Superfund Cleanup Innovation Research Program to be administered by the Environmental Protection Agency (EPA). Requires such program to undertake research and development of innovative technologies for hazardous waste remedial actions. Requires such program to be administered in accordance with other small business innovative research programs under the Small Business Act, except as specified. Authorizes use of Superfund monies for such purpose. Directs the Comptroller General to report annually to the appropriate congressional committees.
United States · United States Congress · 20 September 1985
Amends the Tariff Act of 1930 to provide that imported canned tuna shall be deemed to be conspicuously marked if the name of the country of origin is listed on the principal display panel of the product's label in lettering equal in size to that required by regulation for declaring net contents.
United States · United States Congress · 18 September 1985
Methanol Energy Policy Act of 1985 - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy (the Secretary) to: (1) ensure that of the total number of passenger automobiles and light duty trucks acquired for Federal use during FY 1987 through 1990, at least 5,000 shall be methanol-powered vehicles; and (2) conduct studies related to methanol-powered vehicles in cooperation with the Administrator of the Environmental Protection Agency (the Administrator). Sets guidelines for such studies. Requires that methanol be offered for sale to the public at locations where Federal vehicles are supplied with methanol. Terminates such requirement as of September 30, 1990. Requires the Secretary to provide methanol-powered vehicles to any requesting Federal agency. Requires such agencies to cooperate with the Secretary in studies about such vehicles. Requires the Secretary to report to the Congress regarding the Federal use of methanol-powered vehicles. Exempts such vehicles from: (1) inclusion in any Fleet Average Fuel Economy calculation under specified law; and (2) any limitation on the maximum cost of individual vehicles obtained by the United States. Authorizes appropriations for FY 1987 through FY 1990. Directs the Secretary to: (1) establish a demonstration program for the operation of methanol-fueled diesel trucks on a long-haul, high density interstate truck route; and (2) report to the Congress regarding such program. Authorizes appropriations for such program for FY 1987 through FY 1990. Requires the Administrator to: (1) purchase a minimum of five methanol-powered buses during FY 1987 for use in urban settings to determine emissions and fuel economy tests; and (2) report to the Congress regarding such tests. Authorizes appropriations for FY 1987 through FY 1990. Requires any State which receives Federal mass transportation assistance after January 1, 1991, for the acquisition of motor vehicles transporting 30 or more persons in a nonattainment area to acquire methanol-powered buses with such assistance. Directs the Secretary to provide such States with supplemental grants to cover the amount by which methanol-powered buses exceed the costs of comparable diesel-powered buses. Authorizes appropriations for FY 1991 through FY 1993. Establishes the Interagency Commission on Methanol to develop and coordinate implementation of a national methanol energy policy. Requires the Commission to: (1) perform various studies with respect to the production, use, and promotion of methanol as a fuel; (2) develop a plan for the commercialization of methanol; (3) develop a public-awareness program on methanol as a transportation fuel; (4) coordinate Federal efforts with respect to methanol research and commercialization; and (5) ensure communication between Federal agencies involved in methanol demonstration projects and establish an information clearinghouse for parties working with or interested in methanol and related projects. Requires the Chairman of the Commission to establish a private sector advisory panel to inform the Commission about methanol-related matters. Sets forth reporting requirements which apply to the Commission. Terminates the Commission upon the submission of its last report. Directs the Secretary to report to the Congress regarding a study of the comparative costs of methanol based on natural gas, coal, and other resources. Sets guidelines for such study. Directs the Administrator to prepare a comprehensive air quality and health study regarding specified aspects of methanol as a transportation fuel compared to existing gasoline and diesel fuels. Authorizes appropriations for both studies. Amends the Motor Vehicle Information and Cost Savings Act to set fuel economy determinations for methanol-powered automobiles. Requires all passenger automobiles and light-duty trucks acquired by the United States after October 1, 1986, to be suitable for operation on all fuels for which Environmental Protection Agency waivers are in effect.
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 · 12 September 1985
Expresses the sense of the Congress that the President should form a National Commission on the Farm Credit System to recommend agricultural credit reforms.
United States · United States Congress · 11 September 1985
Gifted and Talented Children and Youth Education Act of 1985 - Establishes a Federal gifted and talented education (GTE) program to improve the capability of State and local education agencies (SEAs and LEAs) and private nonprofit schools to: (1) identify gifted and talented children and youth; and (2) provide those children and youth with appropriate educational opportunities. Directs the Secretary of Education from specified sums appropriated under this Act and after consultation with the advisory committee established by this Act to make grants to or contracts with SEAs, LEAs, institutions of higher education, or other public and private agencies to assist them in carrying out authorized GTE programs or projects, including personnel or supervisory training. Sets forth authorized GTE programs and projects, including: (1) preservice and inservice training (including fellowships) for GTE personnel (including leadership personnel); (2) model projects and exemplary programs for identification and education, including summer programs and cooperative programs involving business, industry, and education; (3) strengthening SEA and higher education institutions' capability to provide leadership and assistance to LEAs and nonprofit private schools in planning, operating, and improving such programs; (4) technical assistance and information dissemination; (5) research on methods and techniques for identifying and teaching gifted and talented children and youth; (6) conducting program evaluations and surveys; and (7) developing information and analysis. Establishes the National Center for Research and Development in the Education of Gifted and Talented Children and Youth (the National Center) through grants or contracts with one or more higher education institutions or SEAs, or a consortium or combination of such institutions and agencies, to carry out clauses (5), (6), and (7) of the preceding paragraph. Requires the Director of the National Center to carry out such National Center functions as may be agreed upon through arrangements with other higher education institutions, SEAs, LEAs, or other public or private agencies and organizations. Limits to 30 percent of the funds for authorized programs and projects that portion which may be used to conduct activities pursuant to provisions relating to the National Center and its research, evaluation, and information functions. Directs the Secretary and the advisory committee established by this Act, in administering this Act, to give highest priority to programs for: (1) identifying and educating gifted and talented children and youth who may not be identified through traditional assessment measures (such as the limited-English speaking, economically disadvantaged, handicapped, and women); and (2) developing or improving the capability of schools in an entire State or region of the Nation, through cooperative efforts and participation of SEAs, LEAs, higher education institutions, and other public and private agencies and organizations (including business, industry, and labor) to identify and educate gifted and talented children and youth. Sets forth provisions relating to participation of private school children and teachers in programs under this Act. Directs the Secretary to appoint an advisory committee on GTE, with members representative of State education agencies, teacher education institutions, researchers, teachers, and parents. Directs the Secretary to establish or designate an administrative unit within the Department of Education to: (1) administer the programs authorized by this Act; (2) coordinate all GTE programs that the Department administers; and (3) serve as a focal point for national leadership and information on the educational needs of gifted and talented children and youth and the availability of services and programs to meet those needs. Requires that such administrative unit be headed by a person of recognized professional qualifications and experience in GTE. Authorizes appropriations for FY 1987 through 1991.
United States · United States Congress · 11 September 1985
Expresses the sense of the House of Representatives that the President should consider the appointment of individuals with experience in the small business and agricultural sectors when filling vacancies on the Board of Governors of the Federal Reserve System.
United States · United States Congress · 10 September 1985
Amends title XVIII (Medicare) of the Social Security Act to provide coverage for services performed by a physician assistant under the supervision of a physician.
United States · United States Congress · 9 September 1985
Designates December 5, 1985, as Walt Disney Recognition Day.
United States · United States Congress · 1 August 1985
Milk Production and Marketing Act of 1985 - Amends the Agricultural Act of 1949 to set milk price support levels at $11.60 per hundredweight for the period October 1, 1985, through December 31, 1987. Establishes permanent milk support levels based on purchase levels and previous year's support prices. Extends milk marketing assessment authority through 1987. Replaces the 50 cent per hundredweight assessment with an assessment not in excess of 50 cents per hundredweight. Transfers specified assessment funds to the Dairy Research Trust Fund and the Commodity Credit Corporation. Extends the milk diversion program through 1987. Limits the maximum amount of payments per producer to the sum of $100,000 and the aggregate amount of funds represented by the price reduction during such producer's contract. Prohibits the Secretary of Agriculture from making any contract modifications that would result in aggregate annual marketing reductions of less than 4,000,000 pounds. Sets forth marketing history provisions for 1986 and 1987. Imposes a civil penalty upon a person who purchases one or more dairy cattle for slaughter and fails to slaughter such cattle within a reasonable time. 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 1989: (1) the dairy indemnity program; and (2) the program authorizing dairy products to be transferred to the military and to veterans' hospitals. Makes authority permanent for: (1) milk producer-initiated marketing order amendment hearings; and (2) dairy base plans. States that the legal status of producer handlers of milk shall remain the same upon enactment of this Act as it was before such date. Prohibits the Secretary from purchasing milk or milk products from handlers who pay milk producers a price which: (1) is increased to reflect reductions; or (2) is not adjusted to reflect price support decreases. Amends the Dairy Production Stabilization Act of 1983 to provide for assessment payments by dairy importers. Increases the membership of the National Dairy Promotion and Research Board from 36 to 37. Provides for importer membership. Provides for mandatory import relief for milk protein products. Provides that for purposes of the Federal Food, Drug, and Cosmetic Act a cheese substitute food shall be deemed misbranded if its label contains the word "cheese."
United States · United States Congress · 1 August 1985
Amends the Older Americans Act of 1965 to revise provisions relating to the appointment of members to the Federal Council on the Aging. Provides that all 15 members of such Council shall be appointed by the President with the advice and consent of the Senate. Requires at least five members to be older individuals. Provides that of the members first appointed, five shall be appointed for a term of one year, five shall be appointed for a term of two years, and five shall be appointed for a term of three years, as designated by the President.
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
Designates the week of March 2 through March 8, 1986, as National Young Writers' Week.
United States · United States Congress · 1 August 1985
Expresses the sense of the House of Representatives that in any amendment of the Internal Revenue Code: (1) education should remain a national priority, receiving at least the current level of tax incentives; and (2) care should be taken to facilitate State and local efforts to raise educational revenues and to encourage individuals to save for educational expenses.
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 · 31 July 1985
Expresses the sense of the House of Representatives that the President should inform Japan that the cost of the U.S. defense commitment to Japan and the unfair trade practices of Japan threaten the U.S. economy. Provides that in order for Japan to retain access to U.S. markets it should assume a fair share of the cost of its defense and allow free and fair access to its markets.
United States · United States Congress · 31 July 1985
Urges the Postmaster General to issue a commemorative stamp in 1986 in honor of the 350th anniversary of the National Guard.
United States · United States Congress · 30 July 1985
Comprehensive Nuclear Weapons Freeze and Arms Reduction Act of 1985 - Expresses the sense of the Congress that the President should immediately invite the Soviet Union to enter into negotiations with the United States which seek an agreement on a comprehensive freeze (a bilateral and adequately verifiable halt by the United States and the Soviet Union in all testing, production, and deployment of nuclear weapons systems). Declares the President should inform the Soviet Union of the U.S. intention to engage in a bilateral halt in the testing, production, and deployment of nuclear weapons systems. Expresses the sense of the Congress that: (1) both during and after negotiations for a comprehensive freeze the President should pursue reductions in nuclear arsenals; and (2) a comprehensive freeze is entirely consistent with, and an essential part of mutual stabilizing reductions in nuclear forces. Requires both the Senate and the House Intelligence Committees to begin oversight hearings on verification procedures for the comprehensive freeze. Sets forth which committees and subcommittees may have members participate in such hearings. Requires the Intelligence Committees to report to their respective Houses within six months of enactment of this Act on the adequacy of U.S. monitoring systems and existing procedures for verifying Soviet compliance with the comprehensive freeze. Requires the reports to include: (1) an assessment of the nature and extent of Soviet activities and installations involved in the testing, production, and deployment of nuclear weapons systems; (2) an assessment of current U.S. capabilities to monitor threatening changes in the status of Soviet nuclear forces under the comprehensive freeze; and (3) an assessment of additional monitoring systems and cooperative procedures that may be needed to increase monitoring confidence of compliance. Requires the Director of the U.S. Arms Control and Disarmament Agency to begin preparing an operational plan for implementation of the comprehensive freeze. Requires the Director to report to the Congress on the plan within nine months of enactment of this Act. Requires the report to specify: (1) procedures for the cessation of activities and closure or conversion of facilities affected by the comprehensive freeze; (2) a program for the retraining and re-employment of Government and defense industry personnel directly affected by the termination of nuclear weapons-related activities; and (3) a program of economic adjustment assistance for adversely affected communities. Directs the President to submit semi-annual reports to the Congress on: (1) the status of U.S. and Soviet negotiation efforts; (2) Soviet military activities relating to the testing, production, and deployment of nuclear weapons systems; and (3) any uncertainties concerning verification of the comprehensive freeze, the status of efforts to reduce those uncertainties, and the national security implications of those uncertainties. Imposes the following restrictions on nuclear testing, deployment, and production only if the Soviet Union, within a specified time, informs the President that the Soviet Union will observe a bilateral halt in the testing, production, and deployment of nuclear weapons systems. Prohibits obligating or spending appropriations for testing, producing, or deploying nuclear weapons systems, unless the Congress expressly provides otherwise. Allows the testing and deployment of specified nuclear missiles for a limited time. Sets forth the effective dates of such restrictions. Authorizes the President to request the Congress to remove the funding restrictions on the testing, production, and deployment of nuclear weapons systems only if the President certifies to the Congress that: (1) the Soviet Union has failed to demonstrate a restraint with respect to nuclear weapons systems which corresponds to the restraint being shown by the United States; or (2) continuation of the funding restrictions would cause significant and irreparable damage to U.S. national security. Provides for expedited congressional consideration of such a request by the President.
United States · United States Congress · 30 July 1985
Retirement Universal Security Arrangements Act of 1985 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to add a new title V, Retirement Universal Security Arrangements. Defines "retirement universal security arrangement" as a plan which: (1) is established and maintained after the effective date of this Act by a pension asset manager and explicitly provides that it is such an arrangement; (2) provides for one or more individual accounts maintained by the pension asset manager with respect to each participant; (3) provides expressly for the accumulation of contributions under such plan with respect to the participants for subsequent distribution to the participants or their beneficiaries upon death, disability, attainment of retirement age, or any other event specified in the plan; and (4) meets specified qualification requirements. Prohibits retirement universal security arrangements (such plans) from accepting contributions at any time at which any requirement is not met under such definition. Sets forth requirements for pension asset management (i.e. banks, savings and loan associations, insurance companies, or investment advisers which meet specified conditions). Provides, with specified exceptions, that such plans be treated as trusts which qualify under specified Internal Revenue Code provisions relating to deferred compensation plans and tax-exempt organizations. Set forth provisions for such qualification determinations by the Secretary of the Treasury. Provides that such plans be treated as a defined contribution plan for purposes of coverage under the plan termination insurance program under title IV of ERISA. Requires such plans to be operated for the exclusive purpose of: (1) providing benefits to participants and their beneficiaries; and (2) defraying reasonable administrative expenses, without administrative cost or service fees to employers making contributions. Requires such plans to provide nonforfeitability of participant or beneficiary rights with respect to accrued benefits. Requires such plans to provide at least three investment options (in individual or pooled arrangements) for participant contributions. Requires as one such option U.S. Government securities or securities insured by the United States or any Federal agency (which may include temporary investments in other forms of insubstantial amounts). Allows other options to include securities, annuities, guaranteed income contracts, federally insured deposits or accounts, certain endowment contracts, and other options not specifically excluded by the Secretary of Labor under regulations issued pursuant to specified provisions of this Act. Prohibits such plans from providing as an investment option: (1) collectibles; (2) life insurance contracts; (3) securities of a contributing employer for which there is no generally recognized market; and (4) such other options as the Secretary of Labor may exclude by regulation. Sets forth matters to be considered by the Secretary of Labor in developing such regulations. Requires such plans to provide for a procedure under which participants or their beneficiaries elect such investment options. Requires such procedure to provide for at least a semiannual opportunity during a seven-day period to revoke any such previous election and elect alternative or additional investment options. Provides for a default option for certain transfers. Makes specified ERISA provisions relating to assignment and alienation applicable to such plans. Sets forth additional definitions and rules of construction relating to such plans. Makes specified ERISA requirements relating to reporting and disclosure applicable to such plans. Requires, in addition, that certain information relating to such plans be annually provided to each participant and beneficiary automatically and without request. Requires such information to include material necessary to reasonably summarize the investment performance of such plans in connection with each investment option elected. Sets forth additional investment information requirements for summary plan descriptions and summaries of material modifications with respect to such plans. Authorizes the Secretary of Labor to prescribe additional alternative methods for satisfying such plans' requirements upon a determination that such method is consistent with the purposes of this Act and provides adequate disclosure to participants and beneficiaries and adequate reporting to the Secretary. Makes specified ERISA provisions relating to fiduciary responsibility applicable to such plans. Requires such plans to designate in writing their pension asset managers as fiduciaries. Makes ERISA enforcement provisions applicable to such plans. Sets forth requirements relating to contributions to such plans. Requires such plans to accept for deposit to the account of any participant specified types of: (1) participant contributions; (2) plan distributions; (3) direct transfers from other such plans and from any other plan described under specified deferred compensation provisions of the Internal Revenue Code which include a tax-exempt trust; and (4) employer contributions to such plans. Sets forth rules governing participant contributions to such plans. Permits such contributions in the form of: (1) transfers to the plan by an individual of a distribution which is not includible in gross income under specified types of deferred compensation plans; (2) payments treated as salary deductions under specified Internal Revenue Code provisions, but only up to $2,000 per calendar year and only if an equivalent or greater employer contribution is made; or (3) other payments by an individual which are in cash and not in excess of the amount allowable as a deduction under specified Internal Revenue Code provisions. Permits such plans to opt to accept transfers of nondeductible employee contributions from other such plans or other qualified plans. Requires such plans to grant a grace period for payment of participant contributions. Sets forth cross-references to the Internal Revenue Code for rules governing salary reduction treatment, deductibility, and sanctions relating to participant contributions to such plans. Sets forth rules governing employer contributions to such plans. Allows such contributions only if: (1) they are made on behalf of noncovered employees (i.e. those who have not accrued any benefits under certain described plans since two years before the calendar year for which the contribution is made); (2) specified participation requirements are met; and (3) the total amount of such contributions is determined in accordance with specified formulas. Sets forth certain exceptions with respect to: (1) plans of self-employed individuals; and (2) collective bargaining agreements relating to retirement benefits. Requires each employer making contributions to such plans to maintain and report categorized lists and other information relating to employees on behalf of whom such contributions are made. Declares that an employer shall not be considered to have established or maintained an employee benefit plan covered by title I of ERISA solely by reason of taking actions permitted under rules governing participant and employer contributions to retirement universal security arrangements (such plans). Provides that the foregoing declaration does not preclude an employee's right of action to compel delinquent contributions or to enforce specified requirements. Authorizes the Secretary of the Treasury to prescribe regulations permitting employers to meet specified requirements by making contributions to such a plan on behalf of all noncovered employees in the general workforce of an allowable subdivision of the employer. Sets forth cross-references to the Internal Revenue Code for rules governing the deductibility of employer contributions to such plans and sanctions relating to such contributions. Sets forth requirements relating to distribution of accrued benefits from retirement universal security arrangements. Sets forth several permitted retirement income forms for such distributions. Permits election of alternative retirement income forms only if certain spousal consent requirements are met. Sets forth cross-references to the Internal Revenue Code for sanctions governing early withdrawal other than in a retirement income form. Requires such plans to allow participants (or their surviving beneficiaries) to elect to transfer accrued benefits directly to another plan in lieu of a distribution. Requires that any exception to such requirement be expressly stated by such plans in specified documents. Sets forth cross-references to the Internal Revenue Code for provisions relating to such transfers. Provides that certain pension plan distributions which constitute transfers to retirement universal security arrangements (such plans) shall be exempt from specified ERISA provisions relating to: (1) the maximum allowable present value of a nonforfeitable accrued benefit which may be immediately distributed without the participant's consent; and (2) joint and survivor annuity and pre-retirement survivor annuity requirements. Requires that any distribution which would be subject to excise tax penalties but for its transfer to such plan must be transferred irrespective of any consent by the participant to any other manner of distribution. Allows pension plans, for purposes of determining the employees's accrued benefits, to disregard service performed by the employee with respect to which the employee has received such a distribution to such a plan. Title II: Conforming Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to add provisions which conform to the amendments to ERISA made by title I of this Act. Sets forth rules relating to retirement universal security arrangements (such plans). Treats participant contributions to such plans as salary reductions and taxes excess participant contributions in the same manner as applicable to individual retirement accounts or annuities. Provides for deductibility of employer contributions to such plans (treating them as defined contribution plans) and sets an excise tax on excess employer contributions. Provides for a tax on certain accumulations with respect to participant accounts under such plans. Makes other rules which are applicable to individual retirement accounts or annuities also applicable to participant accounts under such plans. Makes rules relating to early withdrawal which are applicable to simplified employee pensions also applicable to such plans with certain exceptions. Provides that direct transfers from such plans to other plans (or to individual retirement accounts or annuities under specified conditions) shall not be treated as distributions. Provides that certain rules for taxation of distributions shall not apply to distributions from such plans, except with respect to rollover amounts and direct plan transfers which are separately accounted for. Provides that specified principles relating to the return of excess contributions shall apply as an exception to the taxes on excess participant contributions to such plans. Sets forth cross-references to other Internal Revenue Code provisions for: (1) treatment of all participant contributions to such plans as amounts which may be rolled over from qualified trust to eligible retirement plans; and (2) deductibility of participant contributions to such plans. Sets forth cross-references to ERISA and other Internal Revenue Code provisions for special rules providing for qualification of such plans. Sets forth other cross-references and conforming amendments. Includes retirement universal security arrangements among eligible retirement plans to which rollover amounts may be transferred. Provides, under provisions relating to the taxability of the beneficiary of an exempt trust, for the portability of employee contributions which are transferred to such a plan in a direct transfer or within 60 days after the date on which the employee received the distribution. Treats certain participants contributions to such plans as deductible as qualified retirement contributions if made within a specified period. Imposes an excise tax on excess employer contributions to such plans. Sets such tax on the employer at five percent of the excess amount. Imposes an additional tax on the employer equal to 100 percent of the amount involved in any case in which the initial excise tax is imposed and the payment of such excess contributions is not corrected by the employer within a specified taxable period. Sets forth requirements similar to those under title I of this Act relating to pension plan distributions constituting transfers to retirement universal security arrangements.
United States · United States Congress · 30 July 1985
Elderly Crime Prevention and Victim Assistance Act of 1985 - Establishes in the Office of Justice Programs of the Department of Justice the National Resource Office Relating to Crimes Against Older Individuals. Provides for the appointment of an administrator from the employees of the Department of Justice to head such office. Requires the administrator to coordinate activities of the Department of Justice relating to training of law enforcement officers, financial assistance for older victims, compilation of statistical information, and research with regard to crimes committed against the elderly. Requires the administrator to: (1) establish a liaison with all Federal departments and agencies involved with programs for older persons who are or may become victims of crimes; (2) disseminate information regarding such programs and assistance; and (3) provide technical assistance to reduce or prevent the committing of crime against older individuals.
United States · United States Congress · 30 July 1985
Expresses the sense of the Congress that: (1) the United States should reaffirm its commitment to the principles expressed in section seven of the Helsinki Accords; and (2) the President should urge Soviet leader Mikhail Gorbachev to reaffirm the Soviet Union's commitment to such principles.