United States · United States Congress · 20 March 1986
SSI Improvement Amendments of 1986 - Title I: General SSI Amendments - Subtitle A: Treatment of Income and Resources - Amends title XVI (Supplemental Security Income) of the Social Security Act to exclude certain interest and dividends derived from an individual's resources from consideration as income. Provides that an individual's temporary income for the month such individual's SSI application becomes effective, or the month following ineligibility, shall be considered in the benefit computation only for such month. Excludes vehicles from the computation of an individual's resources. Eliminates the benefits reduction imposed on persons living in another's household and receiving support and maintenance in kind if such person is expected, upon receipt of SSI benefits, to pay and ultimately does pay a reasonable portion of the household expenses. Authorizes the Secretary of Health and Human Services to exclude certain unearned income in the form of consideration as an individual's income if such property is disposed of in the manner prescribed by the Secretary or any part of its value is excluded from the resource computation. Authorizes the Secretary, where necessary to avoid undue hardship, to suspend the penalties applied when individuals become SSI eligible by disposing of their resources at less than market value. Subtitle B: Benefits for Residents of Medical Institutions - Increases the rate of SSI benefits payable to residents of medical facilities. Requires States making supplementary payments to SSI residents of medical facilities to increase and then maintain them at the increased level. Allows States to require Federal administration of such supplementation payments. Subtitle C: Provisions Relating to Eligibility - Provides for the payment of benefits due deceased recipients to the surviving spouse or, if the deceased was a child, to the parents. Permits certain SSI eligible individuals who are also eligible for widow's or widower's insurance benefits under title II (Old Age, Survivors and Disability Insurance) of the Act to elect not to apply for title II benefits without consequent loss of SSI eligibility. Alters the definition of an "eligible spouse" to disqualify couples living apart for more than three months (currently, six months). Provides that an alien's three-year period of ineligibility for SSI benefits shall not apply when the organization sponsoring the alien is no longer in existence or is adjudged bankrupt. Subtitle D: Provisions Relating to Emergency Assistance - Extends Federal reimbursement of State interim SSI assistance to cover such assistance provided for the period during which: (1) an individual's benefits were erroneously terminated or suspended; or, (2) an issued benefit check was lost or stolen before being negotiated. Authorizes the Secretary to make an emergency cash advance to presumptively eligible individuals who are initially applying for SSI benefits up to the amount which would be payable for the first month to an eligible individual with no other income. Subtitle E: Provisions Relating to Group Living Facility Standards - Repeals a provision in title XVI of the Act reducing payments to SSI recipients where a group living facility fails to meet applicable standards. Directs the Secretary and the Comptroller General to conduct a study of alternative methods of promoting the enforcement of State standards for group living facilities. Subtitle F: Provisions Relating to Outreach; Notice to SSI Recipients - Prohibits the Secretary from recovering overpayments before providing the SSI recipient with information regarding the overpayment, including the individual's right to seek a waiver or review of the overpayment determination. Requires the Secretary to establish an ongoing program providing information about SSI benefits to low-income aged, blind, and disabled individuals who are not currently receiving such benefits. Directs the Secretary to increase the clarity and readability of written materials issued for use by SSI applicants and recipients. Subtitle G: Provisions Relating to the Blind - Entitles individuals who are applying for or receiving SSI benefits on the basis of blindness to elect to receive either supplementary notice by telephone or initial notice by certified mail of any determination made or other action taken with respect to such individual's SSI rights. Directs the Secretary to study the desirability and feasibility of extending such notification rights to other individuals who may lack the ability to read. Subtitle H: General Provisions - Sets forth effective dates. Title II: SSI Work Incentive Provisions - Makes permanent provisions which provide SSI benefits for individuals who perform substantial gainful activity despite a severe medical impairment. Revises the eligibility requirements for such benefits. Directs the Secretary to establish and implement procedures which provide that whenever an individual is formally notified of his or her SSI eligibility, such individual will also be notified of the availability of assistance under title XIX (Medicaid) of the Act. Directs the Secretary, when any individual receives SSI benefits on the basis of a disability, to notify such individual of his or her potential eligibility for the SSI benefits available for those performing substantial gainful activity despite a severe medical impairment.
United States · United States Congress · 19 March 1986
Employment Opportunities for Disabled Americans Act - Makes permanent provisions which provide benefits under title XVI (Supplemental Security Income) of the Social Security Act for individuals who perform substantial gainful activity despite a severe medical impairment. Removes SSI limitations for the first two months of an individual's stay in a health facility if such individual was eligible for the benefits made permanent by this Act during the month preceding admission to the facility. Requires the district offices of the Social Security Administration to each designate a staff member to implement the program providing benefits to individuals who perform substantial gainful activity despite severe medical impairment. Revises the eligibility requirements for such benefits. Directs the Secretary of Health and Human Services to establish and implement procedures which provide that whenever an individual is formally notified of his or her SSI eligibility, such individual will also be notified of the availability of assistance under title XIX (Medicaid) of such Act. Directs the Secretary, when any individual receives SSI benefits on the basis of a disability, to notify such individual of his or her potential eligibility for the SSI benefits available for those performing substantial gainful activity despite a severe medical impairment. Directs the Comptroller General to conduct a study of the operation of the SSI section which provides benefits for individuals who perform substantial gainful activity despite a severe medical impairment, with the particular objective of evaluating the work incentive provisions of such section. Requires the Comptroller General to report to the Congress the findings of such study. Provides that when an individual becomes ineligible for SSI benefits upon entitlement to child's insurance benefits under title II (Old Age, Survivors and Disability Insurance) of the Act, such individual shall be treated for Medicaid purposes as continuing to receive SSI benefits so long as he or she would otherwise be eligible for such benefits. Authorizes the Secretary to conduct demonstration projects designed to assess the advantages and disadvantages of various work incentive programs under the OASDI and SSI programs. Sets forth reporting requirements.
United States · United States Congress · 10 March 1986
Provides that the Internal Revenue Service may not, before July 1, 1987, enforce its regulations relating to substantiation requirements for the deductions attributable to the business use of vehicles. Requires the Internal Revenue Service to follow the regulations in effect prior to the enactment of the Tax Reform Act of 1984. Prohibits the issuance of any regulations with respect to the substantiation requirements before July 1, 1987.
United States · United States Congress · 6 March 1986
Expresses the sense of the House of Representatives that: (1) the aspirations of the Angolan people deserve U.S. support; (2) the National Union for the Total Independence of Angola (UNITA) and its leader, Dr. Jonas Malheiro Savimbi, have the right to play a role in the political life of Angola; and (3) the Marxist Popular Movement for the Liberation of Angola (MPLA) has violated the rights of the Angolan people. Declares that the MPLA should agree to negotiations which will include UNITA, end the presence of Soviet and Cuban forces in Angola, result in national reconciliation within Angola, and facilitate the independence of Namibia. Urges the President to provide assistance to UNITA in order to promote a political solution and withdrawal of outside forces, and to help UNITA deter and resist continued Soviet, Cuban, and MPLA military escalation.
United States · United States Congress · 4 March 1986
Provides that any requirement to substantiate a deduction under the Internal Revenue Code with respect to the business use of a vehicle must be based on regulations in effect before the Tax Reform Act of 1984.
United States · United States Congress · 24 February 1986
Title I: Amendments to the General Provisions - Amends the Rehabilitation Act of 1973 (the Act) to redefine "severely handicapped individual" and to add a definition of "supported employment" (competitive work in integrated work settings for individuals with severe handicaps who need intensive, on-going, post-employment support services to perform such work). Revises provisions of the Act to include references to supported employment. Provides that rehabilitation goals for severely handicapped individuals under the Act may include supported, homebound, or part-time employment. Requires the annual report to include an evaluation of the status of individuals with severe handicaps participating in programs under the Act. Title II: Amendments Related to Vocational Rehabilitation Services - Requires State plans under the Act to contain the plans, policies, and methods to be followed to assist in the transition from education to employment related activities. Requires the State agency to provide a justification for the order to be followed in selecting individuals to whom vocational rehabilitation services will be provided. Includes community mental health programs among the entities with whom State vocational rehabilitation agencies may enter into cooperative agreements. Requires that the goals of the individualized written rehabilitation program be based on an assessment determined through an evaluation of rehabilitation potential. Includes under the scope of vocational rehabilitation services for individuals under the Act an evaluation by personnel skilled in rehabilitation technology. Title III: Amendments Related to Research and Training - Includes dissemination of the results of their research under the functions of Rehabilitation Engineering Research Centers. Redesignates the National Institute of Handicapped Research as the National Institute on Disability and Rehabilitation. Title IV: Amendments Related to Services for Independent Living - Includes developmentally disabled individuals as eligible for services for independent living. Title V: Miscellaneous Provisions - Provides that the chairperson and vice-chairperson of the Architectural and Transportation Barriers Compliance Board may not both be members of the general public or Federal officials.
United States · United States Congress · 19 February 1986
Authorizes and requests the President to present, on behalf of the Congress, gold medals to Anatoly and Avital Shcharansky in recognition of their supreme dedication and total commitment to human rights and freedoms. Requires the Secretary of the Treasury to determine the design of the medals. Authorizes appropriations. Authorizes the Secretary to sell bronze duplicates of the medals.
United States · United States Congress · 6 February 1986
General Aviation Tort Reform Act of 1986 - Amends the Federal Rules of Civil Procedure to provide uniform rules for negligence and products liability claims arising from general aviation accidents. Allows any person claiming damages from such an accident to bring a products liability action against the general aviation manufacturer if: (1) the product was defective when it left the control of the manufacturer; (2) the defective condition was the proximate cause of the harm; (3) the condition would not have been corrected by actions described in directives issued by the Federal Aviation Administration (FAA) or the manufacturer; and (4) the aircraft was being used for a purpose and in a manner for which it was manufactured. Provides an alternative method to establish manufacturer liability where the manufacturer failed to provide reasonable warnings (unless such warnings would not have affected the conduct of the product user). Provides a third method to establish manufacturer liability where: (1) the manufacturer made an express warranty with respect to the product; (2) the warranty related to that aspect of the product which caused the harm; (3) the product failed to conform to the warranty; and (4) such failure was the proximate cause of the harm. States that all actions for damages arising from a general aviation accident shall be governed by the principles of comparative responsibility. Provides that defendants in such actions are severally but not jointly liable for damages (except that manufacturers of airframes and systems or components of aircraft may be jointly and severally liable under certain circumstances). Provides a 12-year limitation on liability of manufacturers. States that express warranties running for a longer period of time and the duty to provide additional warnings shall not be affected by such limitations. Allows awards of punitive damages. Prescribes a statute of limitations for such actions. Preempts State laws to the extent that this Act establishes applicable rules or procedures. Grants Federal district courts (concurrently with State courts) original jurisdiction (without regard to the amount in controversy) in all civil actions for damages arising out of a general aviation accident. Allows the removal of State actions to an appropriate Federal district court by any defendant. Prescribes venue restrictions. Expresses the intent of the Congress that orders to pay reasonable expenses, including attorney's fees, be enforced.
United States · United States Congress · 6 February 1986
Declares that each standing committee of the House of Representatives may, within two days of adoption of this resolution, submit to the House Budget Committee alternatives to the President's sequestration order under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), insofar as such order affects laws within the jurisdiction of the committee. Requires the Budget Committee, within four days of adoption of this resolution, to report a resolution containing instructions to committees sufficient to achieve the total level of deficit reduction contained in the President's sequestration order for FY 1986. Provides that such instructions shall require that each committee (and each subcommittee of the Committee on Appropriations) achieve the same level of deficit reduction with respect to programs under its jurisdiction as would have been saved under the President's order. Requires committees to submit recommendations to the Budget Committee by February 21, 1986, sufficient to meet deficit reductions. Requires the Budget Committee to promptly report a reconciliation bill carrying out such recommendations. Authorizes the Budget Committee to include legislative language within the jurisdiction of any noncomplying committee. Requires such reconciliation bill to include a provision which states that if it is enacted on or before March 1, 1986, then the sequestration order for FY 1986 is null and void. Establishes procedures for floor consideration of such reconciliation bill, including limitation on debates and amendments.
United States · United States Congress · 4 February 1986
Expresses the sense of the Congress, and instructs its committees and conferees, that the Congress will not approve any provisions in H.R. 3838 or in similar legislation that would adversely affect the tax-exempt status of the bonds or other obligations of the States or their political subdivisions and instrumentalities which comply with current law and which are issued prior to: (1) January 1, 1987; or (2) any later date provided in enacted law.
United States · United States Congress · 30 January 1986
Expresses the sense of the House of Representatives that the President should award the Presidential Medal of Freedom posthumously to Michael J. Smith, Francis R. Scobee, Ronald E. McNair, Ellison S. Onizuka, Sharon Christa McAuliffe, Gregory B. Jarvis, and Judith A. Resnik, all of whom died in the explosion of the space shuttle Challenger.
United States · United States Congress · 23 January 1986
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates the 14th day of June 1986 as Baltic Freedom Day. Authorizes and requests the President to submit the issue of Baltic self-determination to the United Nations.
United States · United States Congress · 19 December 1985
Pharmaceutical Export Amendments of 1986 - Amends the Federal Food, Drug, and Cosmetic Act to permit the export of certain drugs (including biological products) intended for human or animal use even though such drugs have not been approved or licensed for use in the United States. Directs the Secretary of Health and Human Services to establish and update a two-tiered list of countries with adequate governmental health authorities which in the first tier includes developed regulatory procedures and tests with experienced scientific personnel and in the second tier includes sufficient ability to assure consistency of labeling information. Permits shipments to nonlist countries if differing health conditions there make such shipments desirable, e. g. tropical diseases. Permits the export of an unapproved drug to a second tier country if such drug is approved for use in any first-tier country and not banned for use in any first-tier country. Prohibits the export of drugs denied approval on the basis of safety and efficacy or whose manufacture in the United States has been determined to be contrary to U.S. health and safety. Sets forth other criteria and restrictions on the export of such drugs, including notice requirements on shipments and notice of and opportunity to cure deficiencies in such shipments. Permits the Secretaries of Agriculture and Health and Human Services to prohibit noncomplying shipments and shipments otherwise permitted if either Secretary determines a shipment would present an imminent hazard to the public health of the recipient country. Requires the Comptroller General to report biennially to the Secretary of Health and Human Services and the Congress on the extent to which drugs unauthorized for a country are being received by such country and the extent to which labeling is consistent. Directs the Secretary to contract for a study to be submitted to the Congress within five years on the economic and international health impact of this Act. Includes conditions prevalent in a developing country among the criteria for orphan drugs.
United States · United States Congress · 19 December 1985
Expresses the sense of the House of Representatives that: (1) the President should continue to express to the Soviet Union U.S. opposition with respect to the harassment and arrests of Hebrew teachers and Jewish activists in the Soviet Union; and (2) the Soviet Union should comply with its commitments under specified international human rights agreements and cease its persecution of individuals on the basis of their Jewish faith.
United States · United States Congress · 21 November 1985
Equity and Choice Act of 1985 - Amends chapter 1 (Financial Assistance to Meet the Special Educational Needs of Disadvantaged Children) of the Educational Consolidation and Improvement Act of 1981 (ECIA) (hereinafter referred to as Chapter 1) to add provisions for educational vouchers. Requires each local educational agency (LEA) to provide an educational voucher, upon parental request, to the parents of each educationally deprived child selected to participate in the LEA's Chapter 1 program. Requires each LEA to: (1) provide written notice to such parents of the options available to them under Chapter 1, including their right to obtain an educational voucher for their child; (2) afford such parents a reasonable period of time to request such vouchers; and (3) convene an annual public meeting to discuss the availability and authorized uses of such vouchers, and invite parents of all eligible children and representatives of private eligible educational institutions to such meeting. Sets forth authorized uses of such vouchers. Allows such vouchers to be used as payment toward tuition and/or to obtain compensatory services at: (1) a public school outside the child's school attendance area (if the LEA permits this); (2) a public school outside the child's district; or (3) private school. Sets forth formulas for determining the amount of such a voucher. Requires each LEA to provide regular Chapter 1 programs and projects for eligible public and private school children whose parents do not request educational vouchers from that LEA. Sets forth requirements for LEA applications for Chapter 1 assistance. Declares that such voucher payments to a private school or a public school outside the child's school district shall not constitute Federal financial assistance to the private school or that public school. Declares that the use of such funds by such private or public schools shall not constitute a program or activity receiving Federal financial assistance. Provides that such voucher payments to parents shall not be subject to Federal, State, or local income taxes. Requires that any private school eligible for such voucher payments include a statement that it does not discriminate against student applicants or students on the basis of race in any published bylaws, advertisements, admission application forms, or other published materials. Makes inapplicable to such voucher programs specified Chapter 1 provisions relating to authorized program design and description and application approval and assurances. Allows each LEA to use Chapter 1 funds to provide for transportation, on an equitable basis, to eligible children whose parents obtain vouchers and enroll such children at public schools outside their school attendance area or school district or at private schools. Makes such use of funds an administrative cost of carrying out Chapter 1 programs and projects. Sets forth provisions relating to nondiscrimination by private schools in such voucher program. Prohibits voucher payments with respect to any private school if there is in effect a judgment by a U.S. district court declaring that such school follows a racially discriminatory policy, or if a U.S. court of appeals has ordered the district court to enter such a judgment. Requires each private school, before receiving voucher payments, to file with the LEA a verified statement: (1) declaring that such school has not followed a racially discriminatory policy during the previous 12 months; (2) indicating whether such a declaratory judgment or order has been entered against the school in an action brought under this Act; and (3) attesting that the school has complied with the requirement to include a statement of nondiscrimination in its published materials. Grants the Attorney General exclusive jurisdiction to investigate and determine whether a private school is following a racially discriminatory policy. Defines "racially discriminatory policy" for purposes of this Act. Declares that a racially discriminatory policy shall not include failure of any institution to pursue or achieve any racial quota, proportion, or representation in the student body. Defines "race" to include color or national origin. Authorizes the Attorney General to have sole discretion to seek a declaratory judgment against any private school upon: (1) receipt within the previous one-year period of any allegation of discrimination against such institution; and (2) a finding of good cause by the Attorney General. Authorizes the U.S. district court for the district in which the private school is located to make a declaration with respect to whether such institution follows a racially discriminatory policy, upon the filing of an appropriate pleading by the Attorney General. Sets forth procedures with respect to such allegations, pleadings, and declarations. Authorizes the Attorney General to have sole discretion to enter into settlement agreements prior to and in lieu of filing such actions. Authorizes the court to award costs and reasonable attorneys' fees to any private school which prevails in such actions unless the court determines that the Attorney General was substantially justified. Provides for post-judgment motions for declarations that a school no longer follows a racially discriminatory policy. Sets forth technical and conforming amendments to ECIA and to specified provisions of Federal law relating to the creation of the declaratory judgment remedy.
United States · United States Congress · 20 November 1985
Designates May 25, 1986, as Hands Across America Day. Authorizes and requests the President to commend: (1) United Support of Artists for Africa for their Hands Across America project; and (2) the American people for their commitment to helping people help themselves.
United States · United States Congress · 30 October 1985
Designates 1986 as Save for the U.S.A. Year. Requests the President to initiate a nationwide campaign, to be known as the Buy Back America campaign, to encourage the people of the United States to buy U.S. savings bonds and certificates and thereby reduce borrowings from foreign sources. Requires the Secretary of the Treasury to enhance the marketability of such bonds and certificates.
United States · United States Congress · 22 October 1985
Indian Economic Development Act of 1985 - Title I: Designation of Indian Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of Indian enterprise zones by the Secretary of the Interior for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Provides that tribal governments shall nominate areas for such designation. Limits the designation of Indian enterprise zones to 30 nominated areas over a 36-month period (one-third of which must be in areas with a population of less than 1,000). Limits the period during which such designation shall remain in effect. Provides that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the tribal government; (2) the boundary of the area is continuous; (3) the area is determined to be Indian lands by the Secretary; and (4) the area meets specified unemployment and poverty requirements. Requires nominating tribal governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, receiving commitments of private entities to assist employees and residents of the area, or actions for the partial limitation of tribal sovereign immunity for purposes of recourse in contract and other civil disputes within the zone. Terminates the authority of the Secretary to designate such Indian enterprise zones on July 1, 1986, or 36 months after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate Indian enterprise zones. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such Indian enterprise zones' designation. Requires that any tax reduction effected by a tribal commitment under the terms of this Act shall be disregarded for purposes of determining the eligibility of a tribe for Federal assistance or benefits. Specifies that a designation of an Indian enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquired Policies Act of 1970. Exempts Indian enterprise zones from certain requirements relating to Federal environmental policy. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers - Allows employers located in Indian enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three-year carryback and a 15-year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account $17,500 in wages per year per employee) plus a specified percentage of wages paid to certain disadvantaged workers for the first seven years of the Indian enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Subtitle B: Credits for Investment in Tangible Property in Indian Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in Indian enterprise zones. Limits such credit to five percent for zone personal property, ten percent for new zone construction property, and 20 percent for zone infrastructure investment. Phases out such credit in the last three years of the enterprise zone designation. Requires the recapture of such credit upon early disposition of the property. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to Indian enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act) and tribal governments and nonprofit enterprises operating within Indian enterprise zones. Authorizes Federal agencies, upon request by a designating tribal government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule changed. Disallows waiver or modification if a rule would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that no waiver or modification of a rule shall remain in effect for a longer period than the period for which the Indian enterprise zone designation is in effect. Title IV: Establishment of Foreign - Trade Zones in Indian Enterprise Zones - Requires the Foreign Trade Zone Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within Indian enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that, to the maximum extent practicable, foreign-trade zones should be established within Indian enterprise zones. Title V: Partial Waiver of Tribal Sovereign Immunity - Authorizes the Secretary to approve plans, pursuant to a tribal economic development plan, which include provisions for the partial waiver of sovereign immunity, including provisions for binding arbitration of contract and other civil disputes between tribal entities and non-tribal businesses or entities. Specifies that such a partial waiver of sovereign immunity shall not encumber nor diminish the trust assets of the tribe.
United States · United States Congress · 16 October 1985
Depository Institution Examination Improvement Act of 1985 - Redesignates the Financial Institution Examination Council as the Depository Institutions Examination Council. Requires the Council to devise a Federal examiner classification system and, for each of 12 districts approximating the districts of the Federal depository institutions regulatory agencies (regulatory agencies), a regional pay scale in order to provide Federal examiners with compensation and benefits commensurate with private sector accountants and auditors who perform similar functions in such districts. Directs each regulatory agency and each regional bank, branch, or office of such agency to assign and pay examiners accordingly. Directs the Council to prescribe methods of determining travel allowances and pay rates for temporary assignments of examiners. Exempts from Federal laws and regulations applicable to Government employees the officers and employees of the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, and the National Credit Union Administration. Exempts such entities, the Council, Federal reserve banks, and Federal Home Loan Banks from Federal laws and regulations providing for budget and appropriation review and provides that certain assessments received by such entities shall not be considered Government funds or appropriated money. Subjects such entities and banks to audit by the Comptroller General. Repeals authority of the Secretary of the Treasury over the Comptroller of the Currency and staff. Authorizes each regulatory agency to establish procedures for transferring employees affected by this Act out of the civil service and for providing fair and equitable compensation and reimbursement to such employees for any resulting loss of benefits. Directs the Council to: (1) develop a proposal for consolidating all Federal examiner training programs in one school to be established and conducted by the Council; and (2) report to specified congressional committees on its findings, legislative recommendations, and the savings to the regulatory agencies that would result from such consolidation. Requires the Council to: (1) study the feasibility of establishing a graduate degree program in financial management analysis for officers and employees of the regulatory agencies and the State depository institutions supervisory agencies (State agencies); and (2) report to specified congressional committees on its findings, legislative recommendations, the cost of establishing and conducting the program, and on the approval or disapproval by each regulatory agency of the Council's proposal for such program. Requires the Council to establish minimum requirements for examinations of depository institutions by State agencies in order for such an examination to be acceptable for purposes of Federal law. Directs the Council: (1) at least annually, to request each State agency which examines institutions subject to Federal examination to allow the Council to review its examination methods; (2) to notify a State agency if its examination methods do not satisfy such minimum requirements and allow the agency not more than three years to cure any deficiency; and (3) notify each Federal regulatory agency if a State agency refuses to allow a review of its examination methods or fails to remedy any deficiency in its methods. Prohibits any Federal regulatory agency or any regional bank, branch, or other office of such Federal agency to rely on any report of examination by a State agency for which such a notice has been received to fulfill an examination requirement under Federal law. Requires the Council to establish a State examiner certification program and to evaluate State examiners for certification at the request of a State agency.
United States · United States Congress · 9 October 1985
Fair Labor Standards Amendments of 1985 - Amends the Fair Labor Standards Act of 1938 to allow State, local, or interstate governmental agencies to provide compensatory time in lieu of overtime compensation. Requires that such compensatory time be one and one-half hours for each hour of employment for which overtime compensation is required. Allows such compensatory time only if it is a collective bargaining agreement, memorandum of understanding or other agreement or understanding entered into by the public agency and its employees or their recognized representatives before the work for which the compensatory time is to be provided. Limits the amount of such compensatory time which public employees may accrue to 180 hours, or 480 hours in the case of work which included a public safety activity, an emergency response activity, or a seasonal activity. Requires that public employees who have accrued such compensatory time and requested its use be permitted to use it within a reasonable period after making such request if its use does not unduly disrupt the operations of the public agency. Requires that, upon termination of employment, a public employee who has accrued such compensatory time be paid for unused compensatory time at a rate not less than the average rate received by such employee during the last three years of the employees' employment. Provides that, if a public agency had in effect on April 15, 1986, a pattern or practice of providing its employees compensatory time off in lieu of overtime compensation, that pattern or practice shall constitute an agreement or understanding which meets specified requirements. Provides that a collective bargaining agreement in effect on April 15, 1986, which permits overtime compensation in the form of compensatory time off at a rate of less than one and one-half hours for each hour of employment for which overtime compensation is required shall remain in effect until its expiration date unless otherwise modified, except that compensatory time shall be provided after April 14, 1986, at the one and one-half hour rate. Provides that States, local governments, and interstate governmental agencies shall not be liable for specified overtime and related paperwork violations which occur before April 15, 1986, with respect to employees who would not have been covered under the Secretary of Labor's special enforcement policy in effect on January 1, 1985. Permits States, local governments, or interstate governmental agencies to defer until August 1, 1986, the payment of overtime compensation for hours of employment after April 14, 1986. Adds provisions relating to special detail work for fire protection and law enforcement (including prison security) employees of State, local, or intergovernmental agencies. Provides that those hours on special detail work for a separate or independent employer shall be excluded by the public agency in the calculation of overtime compensation, if the employee agrees, solely at the employee's option, to perform such special detail work. Provides that an employee's hours of part-time employment with a public agency in a substantially different capacity from the employee's regular full-time employment with such agency shall be excluded from the calculation of overtime compensation, if such part-time employment is undertaken on an occasional and sporadic basis and solely at the employee's option. Directs the Secretary of Labor to issue, by March 15, 1986, regulations: (1) defining when employment is done on an occasional or sporadic basis; and (2) prescribing a standard for determining if employment is in a substantially different capacity than other employment. Permits employees of States, local governments, and interstate governmental agencies to volunteer to perform services for any other such agency, including one with which the employing agency has a mutual aid agreement. Adds provisions relating to substitution work by and for fire protection and law enforcement (including prison security) employees of State, local, and intergovernmental agencies. Provides that those hours of substitution during scheduled work hours for a fellow employee shall be excluded by the public agency in the calculation of the substituting employee's overtime compensation, if such employee agrees to perform such substitute work with the public agency's approval and solely at the employee's option. Provides that the employer may not be required to keep a record of the hours of such substitute work under certain overtime recordkeeping requirements. Revises the definition of "employee" to exclude any volunteer for a State, local, or interstate governmental agency who volunteers to perform such services without compensation or for a nominal fee, expenses, or reasonable benefits or for any combination of such fee, expenses, or benefits. Provides that employees of such agencies shall still be considered employees if they volunteer to perform the same type of service for those agencies for which they are employed. Directs the Secretary of Labor to issue, by March 15, 1986, regulations to define nominal fees and reasonable benefits. Provides that, if before April 15, 1986, a public agency's practice was to treat certain persons as volunteers then such persons shall be considered volunteers and not employees until April 15, 1986. Provides that no State, local government, or interstate governmental agency shall be liable for a violation of minimum wage requirements occurring before April 15, 1986, with respect to services performed for the public agency by any individual who performed such services as a volunteer. Revises the definition of "employee" to exclude from coverage under the Act State and local legislative employees who are not legislative library employees. Makes the amendments made by this Act effective on April 15, 1986, but authorizes the Secretary of Labor to promulgate before such date regulations to implement such amendments. Prohibits construing such amendments as affecting whether a State, local government, or interstate governmental agency is liable under penalty provisions of the Act for violations of minimum wage, overtime, or paperwork requirements occurring before April 15, 1986, with respect to any employee who would have been covered by by the Act under the Secretary of Labor's special enforcement policy in effect on January 1, 1985. Requires that a State, local government, or interstate governmental agency be held to have violated specified provisions if it discriminates or has discriminated against an employee with respect to wages or other terms or conditions of employment because on or after February 19, 1985, the employee asserted coverage under overtime provisions.
United States · United States Congress · 8 October 1985
Trade Partnership Act - Title I: International Trade - Directs the President to establish the Commission on Trade which shall: (1) evaluate existing U.S. trade laws and policies; (2) develop recommendations on monetary and fiscal policies for the United States and its chief trading partners; (3) evaluate the export financing practices of major trading partners and of international agencies; and (4) review existing trade agreements to assess their effect on U.S. long-term trading interests. Requires the Commission to report its findings and recommendations to the President and to the Congress. Expresses the sense of the Congress that the President should evaluate such findings and recommendations and take into account the results of an international monetary conference to determine the propriety of convening a summit conference on international trade in order to develop changes in international trade and monetary practices. Expresses the sense of the Congress that the President should call for an international monetary conference to develop: (1) options for reforming institutional mechanisms in order to decrease the disparity among, and to prevent dramatic fluctuations in the value of, the currencies of the major economic powers; and (2) means for reducing interest rates, promoting national and world economic growth, assuring price stability, and promoting higher levels of international trade. Expresses the sense of the Congress that the President should initiate multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade (GATT) in order to: (1) resolve the issues not resolved in earlier negotiations; (2) develop multilateral disciplines in those areas where trade problems have emerged or are becoming more acute; (3) focus on improving the dispute settlement mechanisms of the GATT; (4) place a high priority on bringing developing countries into full participation in the international trading community; (5) ensure that all developed countries share equally the responsibility for advancing the economies of developing countries; and (6) increase efforts to bring countries now outside the GATT under accepted multilateral disciplines governing trade. Directs the President to begin negotiations immediately if Canada requests the negotiation of a trade agreement that provides for the elimination or reduction of any duty imposed by the United States. Directs the U.S. Trade Representative (USTR) to review the bilateral relationships between the United States and its major trading partners in order to determine those countries that offer the most potential for the establishment of free trade areas with the United States. Sets forth factors to be considered in making such review. Authorizes the President, during the year following enactment of this Act, to negotiate with Japan on a trade agreement under which the United States will permit the exportation to Japan of Alaskan petroleum and natural gas in return for substantial concessions by Japan regarding the importation into Japan of agricultural products, wood products, and other kinds of export products that are important to the United States. Amends the Trade Act of 1974 to transfer to the USTR specified functions relating to import relief that are currently performed by the President. Directs the President to review the USTR's determination on whether to provide import relief and what form such relief should take. Requires the President to complete such review within 15 days of receiving the USTR's determination. Directs the President to notify the Congress of the President's decision and of the USTR's determination. Directs the USTR to take action to implement the import relief which the USTR decided to provide if the President concurs in the USTR's decision. Directs the USTR to take action to implement the President's decision on import relief if it differs from the USTR's decision and no joint resolution disapproving the President's decision is enacted. Directs the USTR to order the implementation of the import relief recommended by the International Trade Commission if the decision of the President differs from the decision of the USTR and a joint resolution disapproving the President's decision is enacted. Authorizes interim relief after a petition for import relief is filed if the USTR determines that: (1) it is likely that the article is being imported in such increased quantities as to be a substantial cause of serious injury or threat thereof to the competing domestic industry; and (2) the absence of such interim relief would result in irreparable harm to the domestic industry. Authorizes emergency relief from imports of perishable products (other than perishable products from a beneficiary country under the Caribbean Basin Economic Recovery Act) after a petition for such relief is filed if the USTR, after consultation with the Secretary of Agriculture, decides that: (1) there is a reasonable indication that the perishable product is being imported in such increased quantities as to be a substantial cause of serious injury, or threat thereof, to the competing domestic industry; and (2) emergency action is warranted. Directs the USTR, upon deciding to grant interim relief or emergency relief, to: (1) determine the method and extent of such relief; (2) notify the President of such decision; and (3) unless the President decides within 15 days that such relief is not in the national economic interest, order the Commissioner of Customs to impose such relief. Declares that such relief may consist of tariff increases or import limitations. Provides for the termination of such relief. Directs the USTR to order the Commissioner of Customs to implement actions necessary to enforce U.S. rights under any trade agreement if: (1) the President and the USTR agree on the appropriate action; or (2) the President differs with the USTR on the appropriate action but a joint resolution disapproving such action is not enacted. Reduces the number of days from 21 to 15 between the President's receipt of the USTR's recommendation of appropriate action and the President's decision on what action is appropriate. Requires the President to determine during such 15 day period if: (1) the President concurs in the USTR's recommendation; or (2) it is in the national economic interest not to take any action or to take action different from the action determined by the USTR. Requires the President to notify the Congress of such decision. Provides that if 90 days after the Congress receives notice of such decision no joint resolution is enacted disapproving it then such decision shall take effect. Reduces the amount of time the USTR may take to make a recommendation on a petition for enforcement of U.S. trade rights. Sets forth the actions the USTR may recommend to the President based on such petition. Directs the USTR to include in the annual report to the Congress on foreign barriers to market access an analysis and assessment of the overall reciprocity accorded U.S. products, services, and investment by each of the major trading partners of the United States and the impact on major U.S. product sectors of the failure to provide reciprocity. Requires specified congressional committees, within 90 days of receiving such report, after consultation with the USTR and conducting public hearings, to issue a joint report on: (1) the priorities for negotiations regarding reducing or eliminating trade barriers; and (2) the committees' recommendations on actions to enforce U.S. trade rights. Directs the Secretary of Labor to pay to private firms 80 percent of the cost of providing job training if the training is certified as trade readjustment training and if the trainees are not charged for the training. Extends the job training, job search, and job relocation allowance provisions of the trade adjustment assistance programs through October 1, 1987. Amends the Trade Expansion Act of 1962 to set a one year deadline for the President to take action on the advice of the Secretary of Commerce on imports that are suspected of impairing national security. Amends the Tariff Act of 1930 to reduce the time limit for decisions by the International Trade Commission on allegations of unfair practices in import trade from one year (18 months in more complicated cases) to eight months (ten months in more complicated cases). Declares that the USTR should expedite the issuance of notices requesting the negotiation of periodic adjustments to the bilateral limitations on shipments of textiles and apparel contained in the Multi-Fiber Arrangement. Directs the Commissioner of Customs to: (1) increase the number of inspectors, import specialists, and customs patrol officers in the Customs Service by at least 800; (2) implement the Automated Commercial System at all ports of entry; and (3) implement a program for detecting, investigating, and prosecuting patent and copyright infringement cases. Requires the Commissioner to report quarterly to specified congressional committees on the operation and effect of the patent and copyright infringement program. Imposes a penalty for multiple customs law offenders who import or attempt to import merchandise during the three years following the date of the third of the offenders' convictions. Title II: Protection of Patents and Transfer of Technology - Part A: Protection of Patents - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Places the burden of proof upon the party asserting that a product was not produced with the patented process in an infringement action where the court finds a substantial likelihood that the product was so produced and the claimant has exhausted all means of discovery. Part B: Transfer of Technology - Federal Laboratory Technology Utilization Act of 1985 - Authorizes Federal agencies to permit their laboratories to enter into cooperative research and development arrangements with other Federal, State, and local agencies, universities, industrial organizations, or other persons including licensees of inventions owned by the Federal agency or general partners of research and development limited partnerships. Permits such laboratories to exchange funds, services, and property with collaborators, grant such collaborators patent licenses or assignments, waive Federal ownership of inventions made by a collaborator, and negotiate licensing agreements for federally owned inventions. Sets forth a formula for the distribution of royalties or other income received by such laboratories from the licensing of cooperatively produced inventions to Federal agency employee inventors, the laboratories themselves, and the Treasury. Requires affected Federal agencies to report annually to the appropriate congressional committees on the income from and distribution of royalties. Directs the Secretary of Commerce to provide procedures, training, and advice to Federal laboratories on recognizing the commercial potential of new technologies and inventions. Requires the Secretary to report biannually to the President and the Congress on Federal agency participation in this program. Makes it the policy of the Government to encourage the commercialization of inventions by Federal or former Federal employees made by them during their Federal employment and exempts such efforts from otherwise applicable violations. Permits such an employee to retain title to an invention (subject to retention by the Government of a nonexclusive license) unless the agency intends to file a patent application itself in order to promote commercialization. Sets forth other permissible conditions on such an inventor's title. Part C: Protection of Proprietary Information - Exempts commercial and financial information that is proprietary or sensitive from the sunshine provisions applied to Federal agencies if the proprietor is notified of the request for release of the information and given 60 days to present arguments on why the information should be exempt. Title III: Export Promotion - Amends the Bank Holding Company Act of 1956 to increase, from five percent to ten percent, the percentage of shares that: (1) a bank holding company may hold in an export trading company; and (2) an Edge Act corporation may hold in an export trading company from five to ten percent. Increases the amount of credit that a bank owning stock in a bank holding company with investments in an export trading company may extend to an export trading company. Amends the Export Trading Company Act of 1982 to direct the Board of Directors of the Export-Import Bank to try to insure that a "significant share" (currently a "major share") of any loan guarantees ultimately serves to promote exports from small, medium-size, and minority businesses or agricultural concerns. Requires the Board to report to the Congress on implementation of such requirement within one year of its effective date. Directs the Secretary of the Treasury to develop a program consisting of mixed credit financing for exports to compensate for the effects of subsidized financing by U.S. trading partners. Declares that the Export-Import Bank should expand its promotion programs for small- and medium-sized banks. Amends the Federal Reserve Act to give Edge Act corporations the same discount and borrowing privileges as Federal Reserve banks. Repeals the limitation on bank investments in Edge Act corporations. Directs the Board of Governors of the Federal Reserve System to require periodic reports from every corporation of the total amount of capital stocks and paid up surplus of the corporation, the name of any stockholder who holds more than ten percent of the shares of the stock of such corporation, and the share holdings of such stockholder. Directs the U.S. Executive Director of each of the multilateral development banks to promote procurement opportunities relating to the assistance provided by such banks in recipient countries for U.S. firms. Sets forth actions the Executive Directors should take with respect to such opportunities. Declares that the Secretary of Commerce should continue to assign one foreign commercial service officer to the office of the U.S. Executive Director of the International Bank for Reconstruction and Development. Directs the Secretary of Commerce to assign such an officer on a part-time basis to each of the offices of the U.S. Executive Director of the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank. Requires the U.S. Ambassadors to those countries that are important trading partners of the United States to report annually to the President and to the Congress on their efforts to help U.S. industries in expanding export sales to, and improving their market positions in, such countries. Authorizes the seven Bell operating companies, effective September 1, 1986, to manufacture telecommunications equipment and customer premises equipment in the United States if specified conditions are met. Title IV: Foreign Corrupt Practices - Business Accounting and Foreign Trade Simplification Act - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Prohibits imposing criminal liability for failing to maintain such an accounting system. Prohibits imposing civil injunctive relief with respect to: (1) an issuer who fails to maintain the required accounting system if the issuer tried in good faith to meet the requirements; or (2) any person other than an issuer in connection with an issuer's failure to comply with such requirements, unless such person knowingly caused the issuer to fail to comply. Prohibits anyone from knowingly circumventing such an accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Securities and Exchange Commission to the Department of Justice jurisdiction to enforce the bribery prohibitions of the FCPA with respect to issuers. Revises the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made "directly or indirectly" to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments to such officials that are lawful under the foreign country's laws; (3) payments which constitute tokens of regard or esteem; (4) expenditures associated with selling, purchasing, or demonstrating goods; or (5) ordinary expenditures associated with performing a contract with a foreign government. Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act. Prohibits prosecution of a domestic concern or specified agents of such concern for violating the Federal mail or wire fraud provisions by making a payment to a foreign official if the prosecution is based on the theory that the official, by receiving the payment, violated a duty to or defrauded the foreign government or the citizens of a foreign country. Authorizes the Attorney General to issue guidelines specifying: (1) permissible conduct associated with common types of export sales arrangements; and (2) precautionary procedures which would create a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the opinion states that the conduct does not involve a violation. Directs the Attorney General to protect the confidentiality of materials submitted in the review procedure. Requires annual reports to the Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Title V: Related Tax Provisions - High Technology Research and Scientific Education Act of 1985 - Part A: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Part B: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses, and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporation's R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 7 October 1985
Fair Export Financing Act of 1985 - Amends the Trade and Development Enhancement Act of 1983 to declare that one of the purposes of such Act is to establish a temporary tied aid credit program to combat the predatory concessional credit programs of foreign governments. Directs the President to negotiate limits on partially untied aid credit. Changes the U.S. negotiating objectives to include references to partially untied aid credits. Directs the Secretary of the Treasury to establish within the Department of the Treasury a program of tied aid credits for U.S. exports. Requires the program to be carried out in cooperation with the Export-Import Bank or with private financial institutions or entities. (Currently the program is established within the Export-Import Bank and carried out in cooperation with the Agency for International Development (AID).) Sets forth financing methods that may be included in such program. Authorizes appropriations. Repeals the provision that established a tied aid credit program in AID. Requires the Secretary to seek the advice of the National Advisory Council on International Monetary and Financial Policies before approving financing under the tied aid credit program. Terminates the tied aid credit program on September 30, 1987. Limits judicial review of actions by the Chairman of the Export-Import Bank and by the Secretary. Changes the definition of "tied aid credit." Defines "partially untied aid credit." Deletes references to government-mixed credits and public-private cofinancing.
United States · United States Congress · 7 October 1985
Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Congressional Budget Act of 1974 to eliminate the second concurrent resolution on the budget and thus provide for annual adoption of a single concurrent resolution on the budget (budget resolution). Sets forth maximum Federal budget deficit amounts for each of fiscal years 1986 through 1991 providing for the incremental reduction of the deficit to zero by 1991. Requires Old Age, Survivors and Disability Insurance (OASDI) revenues and expenditures to be included in the calculation of such deficit amounts. Prohibits either House of Congress from considering or adopting a budget resolution or a revision thereof providing for budget outlays exceeding revenues by more than the prescribed maximum deficit amount. Requires the Congress to complete action on any reconciliation bill or resolution to: (1) an original budget resolution by June 15 of each year; or (2) a revised budget resolution within 30 days after the revision is adopted. Provides that no amendment that would increase specific budget outlays or reduce specific revenues set forth in a budget resolution or reconciliation bill shall be in order in the House or the Senate, unless such amendment provides for offsetting adjustments in other outlays and revenues to ensure that the deficit set forth in the budget resolution is not increased or exceeded. Requires each Senate and House committee to report its subdivisions of allocated budget outlays and new budget authority within ten days of session after the budget resolution is agreed to. Makes it out of order for the House or the Senate, after the Congress has completed action on the budget resolution for a fiscal year, to consider legislation that, if enacted, would: (1) provide for or require budget outlays or new budget authority in excess of the appropriate committee allocation reported in connection with such resolution, unless legislation is favorably reported by the Committee on Appropriations of the House involved with a certification that the appropriate committee will take actions necessary to assure that enactment of such legislation will not result in a deficit exceeding the maximum deficit amount applicable; or (2) provide for new budget authority or spending authority or reduce revenues so that the resulting deficit would exceed the level set forth in such budget resolution or the applicable maximum deficit amount. Permits a congressional committee to report alterations to its reported allocations of budget outlays and authority, provided that such alterations are consistent with any actions taken by its House on legislation within its jurisdiction. Requires the conference report on any legislation providing new budget authority or new or increased tax expenditures to disclose the information required to be disclosed in committee reports on such legislation. Requires the Federal budget transmitted to the Congress by the President each year, and revisions thereof, to set forth levels of outlays and revenues resulting in a deficit not in excess of the applicable maximum deficit amount. Requires the Director of the Office of Management and Budget and the Director of the Congressional Budget Office: (1) to estimate the levels of total revenues and budget levels for each fiscal year; (2) to estimate the rate of real economic growth during that year; (3) to determine whether the deficit for such year will exceed the applicable maximum deficit amount and whether such excess is statistically significant; and (4) to submit a report to the President and the Congress specifying the amount of any excess, whether it is statistically significant, the estimated rate of real economic growth for that year, and the percentages by which automatic spending increases (excluding increases in OASDI benefits) and relatively controllable expenditures shall be reduced during such year in order to eliminate such excess. Requires the President, upon receiving such a report which identifies a statistically significant excesss, to issue an order which eliminates one-half of such excess by suspending or uniformly reducing (not below zero) automatic spending increases under Federal law for such year, and which eliminates the other half by sequestering amounts of budget authority, obligation limitations, and loan limitations, and by adjusting Federal payments, to the extent necessary to reduce each relatively controllable expenditure by a uniform percentage. Directs the President to send a message to both Houses of Congress identifying: (1) the total amount and the percentage by which automatic spending increases are to be reduced; (2) the amount of budget authority, obligation limitations, and loan limitations to be sequestered and payments to be adjusted for all, and each, relatively controllable expenditure; and (3) the account, department, establishment, project, or function affected by such revision of expenditures. Prohibits such an order from eliminating any Federal program, project, or activity. Directs the President to issue such order: (1) within 14 days after receiving such report if the estimate for real economic growth for the fiscal year is zero or greater; or (2) within 30 days if the estimate for real economic growth is less than zero. Authorizes the President, during such 30-day period, to submit to the Congress a joint resolution to: (1) reduce the deficit to an amount not exceeding the applicable maximum deficit amount; or (2) suspend the requirements of this Act for such fiscal year. Permits the President's message to the Congress to include alternative ways to reduce the deficit to an amount not exceeding the maximum deficit amount. Permits the Committee on the Budget of the House or the Senate, within ten days after the President has issued such an order, to report a joint resolution superseding such order. Makes it out of order for the House or the Senate to consider or agree to any such resolution which, if enacted, would cause the fiscal year deficit to exceed the deficit set forth in the budget resolution most recently agreed to, or the applicable maximum deficit amount. Sets forth House and Senate procedures for consideration of such a resolution. Amends the Social Security Act to provide that OASDI revenues and expenditures shall be excluded from the Federal budget transmitted by the President to the Congress and from the congressional budget, and shall be exempt from general budget limitations imposed on Federal expenditures and net lending. Prohibits any law enacted after enactment of this Act from providing for payments between the Treasury and the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund. Changes the date by which the President must submit to the Congress a supplemental summary of the budget for a fiscal year from July 16 to September 16. Waives specified provisions of this Act in any fiscal year for which a declaration of war has been enacted.
United States · United States Congress · 1 October 1985
Amends the Steel Import Stabilization Act to require the Secretary of Commerce to find out how many non-covered steel products were imported from each country during the four calendar quarters preceding October 1, 1984. Defines non-covered steel products as steel products exported to the United States from a country which on September 30, 1985, is not a party to a bilateral arrangement covering steel products. Directs the Secretary of the Treasury, upon request from the Secretary of Commerce, to ensure that the quarterly tonnage of each non-covered steel product imported from a foreign country does not exceed 70 percent of the average quarterly tonnage of each such non-covered steel product from that country during the four calendar quarters immediately preceding October 1, 1984. Requires the Secretary of Commerce to make such request whenever the Secretary determines that such imports from a foreign country exceed that 70 percent level.
United States · United States Congress · 20 September 1985
Amends the Fair Labor Standards Act of 1938 (the Act) 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 under the Act. Allows such compensatory time only if it is not prohibited under a collective bargaining agreement. Requires that each such employee, upon entering employment with the public agency, be given an opportunity to elect to receive compensatory time in lieu of overtime compensation during the 12-month period following such election. 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 any such employee who voluntarily agrees to be employed by another employer in fire protection, law enforcement, or related activities shall not be considered an employee of such State, local, or intergovernmental agency during the period of employment by the other employer. Extends the permissible workweek before overtime is required for fire protection employees of State, local, or intergovernmental agencies. Provides that an overtime rate is required only for their tours of duty which in the aggregate exceed 224 hours in a work period of 28 consecutive days or a similar ratio of hours to consecutive days in any case of an established work period from at least seven but less than 28 days. Revises the definition of "employee" under the Act to exclude any volunteer for a State, local, or interstate governmental agency who volunteers to perform such services without compensation or for expenses or a nominal fee. Provides that no State, local, or interstate governmental agency shall be liable under penalty provisions of the Act for violations of overtime requirements occurring before the date of enactment of this Act.
United States · United States Congress · 18 September 1985
National Commission to Prevent Infant Mortality - Establishes the National Commission to Prevent Infant Mortality (Commission). States the duties of the Commission, which include: (1) identifying and examining Federal, State, local, and private resources which affect infant mortality; (2) identifying barriers to the health care needed to prevent high infant mortality; and (3) reviewing and carrying forward appropriate recommendations that promote the health status of childbearing women and their infants. Directs the Commission to: (1) recommend a national policy designed to improve the current approach to preventing infant mortality; and (2) recommend specific changes needed in Federal laws and programs. States that the provisions of the Federal Advisory Committee Act shall not apply to the Commission. Sets forth the powers of the Commission. Directs the Commission to transmit a report detailing its findings and recommendations to the President and the Congress. Provides for the termination of the Commission. Authorizes appropriations.