United States · United States Congress · 21 March 1986
Emergency Energy Act of 1986 - Title I: Amendments of Internal Revenue Code of 1954 - Amends the Internal Revenue Code to allow a credit against the income tax for crude oil producers equal to the excess of an oil well's operating costs allocable to a barrel of oil over the sales price of the barrel (but in no event for more than $5.00 per barrel). Provides for a carryback of unused excess credits for any year. Allows a credit for 15 percent of the costs of exploring for oil or natural gas in the United States. Provides for a carryback of unused excess exploration cost credits. Revises the minimum tax treatment rules for insolvent oil producers to provide that an insolvent taxpayer who transfers property used in the active conduct of a trade or business of exploring for or producing crude oil is not required to treat the net capital gain on a transfer as a tax preference if the transfer was made to a creditor in cancellation of indebtedness or to a third party under a threat of foreclosure. Limits such treatment revision to persons who have derived at least 50 percent of the gross income from an oil exploration or production business. Revises the minimum tax rules to allow a taxpayer to elect to carry over any portion of a percentage depletion deduction to the succeeding taxable year. Revises the definition of intangible drilling and development costs eligible for annual deduction as business expenses when paid or incurred to include geological, geophysical, and surface casing costs paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any domestic deposit of oil or gas. Repeals the tax preference cutback which currently requires integrated oil and gas producers to reduce (and thereby capitalize) the amount of intangible drilling and development costs eligible for a tax deduction by 20 percent. Repeals the rule that limits percentage depletion for oil or gas properties to 50 percent of a taxpayer's net income from the property. Revises the rule regarding an election to treat operating mineral interests as separate properties to allow such an election without regard to whether one or more of the operating mineral interests participated, under a voluntary or compulsory unitization or pooling agreement, in a single cooperative or unit plan of operation. Repeals specified rules which currently disqualify certain properties from: (1) the percentage depletion allowance deduction; and (2) the stripper well oil exemption from the windfall profits tax. Revises the special rules for the windfall profits tax to declare that a return shall not be treated as required if the amount of windfall profit tax withheld from the purchase payment to an oil producer equals or exceeds the amount required to be withheld as shown on the first purchaser's return. (The statute of limitations on assessments for windfall profits tax liability will thus begin to run concurrently with the statute of limitations on the taxpayer's income tax return.) Limits such rule revision to returns filed after February 29, 1980. Repeals the windfall profits tax. Declares that it is the sense of the Congress that the provisions relating to oil and gas taxation contained in H.R. 3838, the Tax Reform Act of 1985 (as passed by the House of Representatives), or any similar provisions in any other legislation, shall not be enacted. Title II: Removal of Wellhead Price Controls and Repeal of Natural Gas Act Jurisdiction Over Certain First Sales of Natural Gas - Amends the Natural Gas Policy Act of 1978 to: (1) remove wellhead price controls over natural gas prices; (2) repeal the jurisdiction of the Federal Energy Regulatory Commission (FERC) over natural gas exempt from wellhead price controls; (3) repeal the President's standby price control authority; and (4) repeal congressional review of natural gas price controls. Title III: Repeal of Certain Restrictions on the Use of Natural Gas and Petroleum - Amends the Powerplant and Industrial Fuel Use Act of 1978 to: (1) repeal the prohibitions against the use by electric powerplants and major fuel-burning installations of petroleum and natural gas as primary energy sources: (2) remove the restrictions placed upon Federal major fuel-burning installations against the use of natural gas and petroleum as primary energy sources; (3) repeal the guidelines for the emergency use of natural gas or petroleum as a primary energy source by any person operating a peakload powerplant or a major fuel-burning installation. Revokes the authority of the Secretary of Energy to require any major fuel-burning installation to furnish certain information regarding the use of primary energy sources of fuel. Title IV: Repeal of Incremental Pricing Requirements - Amends the Natural Gas Policy Act of 1978 to repeal the natural gas incremental pricing provisions. States that incremental pricing rules promulgated by FERC shall continue in effect only with respect to the flow-through of costs incurred before enactment of this section, including any surcharges based on such costs. Title V: Strategic Petroleum Reserve - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy to fill the Strategic Petroleum Reserve only with crude oil produced in the United States. Prohibits the disposition of the Federal share of crude oil in the Elk Hills Naval Petroleum Reserve unless: (1) the minimum quantity of crude oil in storage in the Strategic Petroleum Reserve is 750,000,000 barrels (currently, 500,000,000 barrels). Title VI: Plugging of Abandoned Oil and Gas Wells - Declares it is the sense of the Congress that: (1) no State should impose less than a one year waiting period before requiring the permanent plugging of abandoned oil and gas wells; and (2) States should encourage limited plugging of such wells for reopening at a later date at minimal cost. Title VII: Separability - Sets forth separability provisions.
United States · United States Congress · 18 March 1986
Telephone Decency Act of 1986 - Amends the Communications Act of 1934 to prohibit any obscene or indecent telephone communication for commercial purposes to any person in the District of Columbia or in interstate or foreign communication. (Current law prohibits such communication to any person without his or her consent or to any person under 18 years of age.)
United States · United States Congress · 13 March 1986
Powerplant and Industrial Fuel Use Act Amendments of 1986 - Amends the Powerplant and Industrial Fuel Use Act of 1978 to repeal the prohibition against: (1) the use of natural gas or petroleum as a primary energy source in new electric powerplants; and (2) the construction of new electric powerplants which cannot use coal or other alternate fuels as a primary energy source.
United States · United States Congress · 12 March 1986
Amends Federal veterans' benefits provisions to exempt from any sequestration of funds under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) certain benefits of veterans and their dependents and survivors which are based upon the service-connected disability or death of such veterans.
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 · 26 February 1986
Tax Gap Act of 1986 - Title I: Internal Revenue Service Publicity Campaign and Public Relations Program - Establishes a publicity campaign and public relations program to be conducted by the Secretary of the Treasury to inform the taxpaying public regarding tax reform, tax evasion, and other tax matters aimed at increasing compliance with the tax laws. Provides for a variety of publicity techniques to be used to institute the publicity campaign and public relations program. Authorizes appropriations. Title II: Increased Taxpayer Compliance Through Improved Enforcement Activities and Strengthened Penalties and Information Reporting Requirements - Part I: Increased Audits - Directs the Secretary to initiate a highly publicized audit program targeted at: (1) the unreported legal source income for the period between 1981 and 1986; and (2) any other sector the Secretary determines to be growing in noncompliance. Authorizes additional appropriations to increase by 2,500 the number of audit examiners so as to double the number of returns audited each taxable year. Part II: Public Disclosure of Certain Taxpayers - Permits the public disclosure of the identity of taxpayers where delinquent taxes are in excess of $10,000 or the delinquent taxpayer has become subject to enforcement actions. Part III: Revision of Certain Penalties, Etc. - Provides penalties for: (1) failure to file certain information returns; (2) failure to furnish certain payee statements; and (3) failure to include certain information on certain returns and statements. Establishes certain waiver provisions, definitions, and special rules relating to the filing of information returns and statements. Increases the penalty for failure to pay tax in certain cases from 0.5 percent per month to one percent per month. Modifies the provisions relating to the tax penalty in instances involving negligence and fraud. Increases the tax penalty for substantial underpayment of tax liability from ten percent to 20 percent. Part IV: Information Reporting Provisions - Requires real estate brokers to report certain real estate transactions to the Internal Revenue Service. Requires the head of every Federal executive agency which enters into any contract to report to the Internal Revenue Service certain information relating to the person with whom such agency contracts. Requires the information reporting of State and local government income tax refunds and real and personal property taxes. Requires any tax-exempt interest received for the taxable year to be shown on the tax return for such year. Part V: Additional Authorizations - Authorizes additional appropriations for the Internal Revenue Service to increase the level of return processing and taxpayer service activities, to increase tax fraud and collection activities, and to increase litigation activities. Title III: Tax Amnesty - Provides for a one-time amnesty from criminal and civil tax penalties for a taxpayer who: (1) files a written statement with specified information concerning any underpayment of tax; (2) pays the amount of such underpayment when filing the statement; and (3) within 30 days of notification of the amount of interest payable on any tax delinquent amount, pays the amount of such interest or delinquency. Permits installment payments in certain cases. Provides that where there is a dispute with regard to an amount of the delinquent tax and it is resolved in favor of the taxpayer, the Secretary shall refund such amount with interest at the six-month Treasury bill rate. Defines the amnesty period as a six-month period with a beginning date during calendar year 1987 which is selected by the Secretary. Disallows such amnesty where: (1) there has been an underpayment assessed and a notice of deficiency with respect to the underpayment was mailed, or the taxpayer was put on notice of a substantive question of the taxpayer's tax liability; (2) there was fraud in seeking amnesty; or (3) a criminal investigation is pending. Provides that the amnesty provisions apply only to underpayments of Federal tax for taxable periods ending before January 1, 1986. Authorizes appropriations to inform the general public about the operation of the amnesty provisions.
United States · United States Congress · 19 February 1986
United States - Mexico Border Health Education and Training Act of 1986 - Requires the Secretary of Health and Human Services, from amounts allotted to each State, to make grants to and enter into contracts with schools of medicine and osteopathy to establish and operate health education and training center (border center) programs along the border with Mexico (in Arizona, California, New Mexico, and Texas). Requires such border center programs to be cooperative programs between such schools and one or more private or public health education centers located along the border. Requires each border center to have an advisory board. Authorizes appropriations for FY 1987 through 1989.
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
Amends the Agricultural Act of 1949 to establish 1986 and 1987 minimum farm payment yields at 1985 levels for wheat, feed grains, upland cotton, and rice.
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
Requests the Working Group for Planetary System Nomenclature of the International Astronomical Union to officially designate seven of the ten moons recently discovered by the Voyager-2 spacecraft near the planet Uranus in the names of the seven astronauts who died in the explosion of the space shuttle Challenger.
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 · 29 January 1986
Social Security Trust Funds Safeguard Act of 1986 - Amends titles II (Old Age, Survivors and Disability Insurance) and XVIII (Medicare) of the Social Security Act to require that all amounts appropriated to, or deposited in, a trust fund established under one of those programs be immediately and exclusively available for the purposes for which trust fund amounts are specifically made available under such program. Requires the President, in addition to appointing one member of the the public to the Board of Trustees of the social security trust funds (currently two members of the public are chosen), to appoint a Managing Trustee to the board, by and with the advice and consent of the Senate, for a term of four years. Provides that the Managing Trustee may be removed only for cause, but is prohibited from engaging in any other business, vocation, or employment. Requires the Department of Health and Human Services to provide the Managing Trustee with appropriate assistance. Directs the Managing Trustee to invest that portion of the social security trust funds which is not required to meet current withdrawals in accordance with an annual investment plan submitted by the Board. Requires the Board to conduct a continuing study and actuarial analysis of the status of investments made by the Managing Trustee and, by August 1 of each year, formulate and submit to the President and each House of the Congress an investment plan to govern the investments of the social security trust funds during the fiscal year. Requires the annual investment plan to set forth standards governing the investment and disinvestment of the trust funds which ensure, so far as is possible, that the OASDI and Medicare programs fulfill their intended purposes in a fiscally and actuarially sound nonpartisan manner, free from the influence of irrelevant budgetary or fiscal considerations. Directs that such plan be accompanied by any recommendations of the Board regarding investment of the social security trust funds. Directs that the investment plan and recommendations be incorporated in a special message to each House. Sets a minimum and maximum on amounts of the social security trust funds to be invested in obligations which are not obligations of the United States but which are guaranteed as to both principal and interest by the United States. Sets forth effective date and transitional provisions.
United States · United States Congress · 28 January 1986
Prohibits any benefits payable from the Civil Service Retirement and Disability Fund, including cost-of-living increases, during calendar year 1987 from being subject to reduction or suspension by statute or presidential order.
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 · 18 December 1985
Rural Satellite Dish Owners Protection Act - Amends the Communications Act of 1934 to prohibit encryption of any satellite cable programming for private viewing beginning 30 days after enactment of this Act, unless: (1) the encryption complies with Federal Communications Commission standards; (2) decryption devices are available for lease or purchase by all interested persons within 60 days after request at a reasonable price relative to manufacturing and distribution costs; and (3) monthly subscription fees for such programming do not exceed fees assessed to cable subscribers within the same vicinity. Provides for the civil enforcement of this Act.
United States · United States Congress · 18 December 1985
Amends rule XV of the Rules of the House of Representatives to prohibit the House from passing or adopting any bill or joint resolution making appropriations or providing revenue except by a rollcall vote.
United States · United States Congress · 16 December 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: (1) accomplished by the most economical means possible; (2) approved in advance by the committee involved; and (3) accomplished by United States commercial carriers, unless an alternative means is more economical. 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 · 11 December 1985
National Groundwater Contamination Research Act - Requires the Director of the Geological Survey to establish and conduct a national water quality assessment program to assess groundwater and surface water resources, both current and projected. Requires the program to identify contaminated and uncontaminated but vulnerable groundwater. Requires the program to conduct synoptic surface water quality studies. Requires the Director to conduct an expanded toxic substances hydrology program to determine the movement and transformation of toxic substances in water. Authorizes Federal grants for such research out of the Water Resources Research Act of 1984 on a matching basis for FY 1986 through 1989. Authorizes appropriations for FY 1986 through 1989.
United States · United States Congress · 5 December 1985
Federal Incentives for State Health Care Professional Liability Reform Act of 1985 - Establishes a program to provide development and incentive grants to States for enacting medical malpractice liability reforms. Describes the reforms which must be in effect for States to receive incentive grants, including: (1) the manner of payment of damage awards exceeding $100,000; (2) a $250,000 limit on noneconomic losses; (3) the method for determining attorneys' fees; and (4) certain requirements regarding health care professional liability insurance. Requires each State receiving an incentive grant to prepare and transmit a report to the Secretary of Health and Human Services every two years describing: (1) State liability reforms enacted, adopted, or in effect; (2) activities conducted by the State with grants received under this Act; and (3) any current problems with respect to health care professional liability or health care professional liability insurance. Requires the Secretary to transmit periodic reports to the Congress summarizing the information provided by the States. Authorizes appropriations.
United States · United States Congress · 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
Telecommunications Equipment and Information Services Act of 1985 - Authorizes the Bell operating companies to provide information services (excluding electronic publishing) and to manufacture telecommunications equipment, subject to such regulations as the Federal Communications Commission may prescribe. Conditions such authority on the Commission's determination that no Bell operating company could impede competition in the information services or telecommunications equipment manufacturing businesses. Requires the Commission to include in its annual report to the Congress an assessment, providing for public comment, of the impact of this Act on employment in such businesses.
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 · 20 November 1985
Expresses the sense of the House of Representatives that the Federal Energy Regulatory Commission should immediately withdraw its proposed rule on natural gas block billing (a substitute pricing method for natural gas).
United States · United States Congress · 14 November 1985
Amends title XVIII (Medicare) of the Social Security Act to permit certain rural hospitals located within 75 miles of an urban area to request increased payments for inpatient hospital services so that the portion of such services paid for by Medicare approximates the portion covered for hospitals in the nearest urban area. Authorizes the Secretary of Health and Human Services to require hospitals making a request for increased payments to submit an audit of its costs. Entitles the hospital to an evidentiary hearing before an appeals board if the Secretary disapproves the hospital's request. Requires the Secretary to appoint an appeals board composed of specified members of the health care community. Specifies the board's powers and duties of review. Sets deadlines for the publication of, comment on, and finalization of regulations implementing this Act.
United States · United States Congress · 12 November 1985
Financial Export Control Act - Amends the Export Administration Act of 1979 to declare that it is U.S. policy to use export controls to restrict the export of capital, the extension of credit, or the transfer of financial resources to countries subject to national security export controls. Authorizes the President to restrict the export or transfer of money or other financial assets to the government of a country subject to national security export controls. Provides for negotiations with other countries to obtain their cooperation with such export controls on capital. Requires export license applications for the export of capital to be submitted to the Secretary of the Treasury who shall make all determinations with respect to such applications. Requires the annual report on the administration of the Export Administration Act of 1979 to include a report on actions taken to carry out export controls on capital.
United States · United States Congress · 8 November 1985
Expresses the sense of the House of Representatives that interstate natural gas pipelines should transport natural gas for any person, including residential and commercial users, and should do so on a nondiscriminatory basis.
United States · United States Congress · 6 November 1985
Social Security Trust Fund Protection Act of 1985 - Directs the Secretary of the Treasury to issue public debt obligations to the Federal Old-Age and Survivors Insurance Trust Fund, Federal Disability Insurance Trust Fund, Federal Hospital Insurance Trust Fund, Federal Supplementary Medical Insurance Trust Fund, Railroad Retirement Account, Civil Service Retirement and Disability Fund, and Department of Defense Military Retirement Fund for such terms and at such interest rates as will ensure a projected annual interest income to such funds equivalent to the income which would have been earned by those funds from public debt obligations which: (1) were redeemed on or after September 1, 1985, and on or before the date of the enactment of this Act; and (2) would not have been redeemed had the public debt limit been raised pursuant to a specified resolution of the House of Representatives. Directs the Secretary to pay to the funds the interest which would have accrued to the funds but for such non-investments, redemptions, and disinvestments. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require the Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance trust fund (OASDI trust funds) to submit an advance report to the Board of Trustees of such trust funds and to each House of the Congress of the effects on the OASDI trust funds of reaching the public debt limit. Authorizes the Managing Trustee to disinvest either trust fund only to the extent necessary to prevent a shortfall in amounts available for benefit payments. Restricts the authority of the Secretary of the Treasury to transfer specified tax revenues to the OASDI trust funds by requiring the Secretary to first determine that the balance in either trust fund would otherwise be insufficient to permit full payment of benefits for any month.
United States · United States Congress · 30 October 1985
Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of specified development credit institutions to oppose any aid by such institutions for the production of any agricultural commodity for export if: (1) such commodity is in surplus on world markets; and (2) the export of such commodity would cause substantial injury to U.S. producers of the same or a similar competing commodity. Limits the amount of increase in U.S. contribution to each such institution based upon the amount of assistance furnished by such institution for the production of surplus agricultural commodities that are injurious to U.S. producers or for the subsidization of the export of agricultural commodities from certain countries.
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 · 24 October 1985
Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 23 October 1985
Authorizes the President to provide military assistance to the National Union for the Total Independence of Angola (UNITA). Authorizes appropriations for such purpose for FY 1986.
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 · 22 October 1985
Suspends most-favored-nation treatment for Romania for six months. Directs the President, before the end of such six months, to: (1) assess the status of civil liberties and human rights in Romania; and (2) recommend to the Congress whether to extend the suspension of nondiscriminatory treatment to Romania.
United States · United States Congress · 8 October 1985
Amends the copyright law to prohibit a copyright holder from conveying the right to publicly perform an audiovisual work on non-network commercial television without simultaneously conveying the right to perform in synchronization any copyrighted music which accompanies such work.
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
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.
![Official portrait of Rep. Boulter, Beau [R-TX-13]](https://www.congress.gov/img/member/b000666_200.jpg)