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Official portrait of Rep. Broyhill, James T. [R-NC-10]

Rep. Broyhill, James T. [R-NC-10]

United States · Official source

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1,256 records where Rep. Broyhill, James T. [R-NC-10] is listed as a sponsor, author, or other actor. Search with topics and years

Resolution· HCONRESH.Con.Res. 292 (99th)referred

A concurrent resolution to congratulate the new president and secretary general of the United States Olympic Committee, to recognize the importance of the Olympic movement and a successful Olympic team, and to encourage the citizens and businesses of the United States to support the United States Olympic Team.

United States · United States Congress · 26 February 1986

Congratulates Robert H. Helmick and George D. Miller upon their appointment as president and secretary general, respectively, of the United States Olympic Committee. Encourages U.S. citizens and businesses to support the U.S. Olympic team.

Bill· HRH.R. 4122 (99th)open

A bill relating to the tariff classification of certain work gloves.

United States · United States Congress · 5 February 1986

Amends the Tariff Schedules of the United States to provide that certain gloves (those without fourchettes and constructed of a textile fabric with rubber or plastics) shall be regarded as gloves of textile materials.

Resolution· HCONRESH.Con.Res. 277 (99th)referred

A concurrent resolution to encourage the President to request that the Working Group for Planetary System Nomenclature of the International Astronomical Union designate three of the moons recently discovered near the planet Uranus by the names of the crew members of Apollo I.

United States · United States Congress · 3 February 1986

Encourages the President to request the Working Group for Planetary System Nomenclature of the International Astronomical Union to designate three of the ten moons recently discovered near the planet Uranus by the names of the three crew members of Apollo I.

Bill· HJRESH.J.Res. 508 (99th)referred

A joint resolution to request, on behalf of the American people, that the Working Group for Planetary System Nomenclature of the International Astronomical Union designate seven moons recently discovered orbiting the planet Uranus in the names of the crew members of the space shuttle Challenger.

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.

Resolution· HRESH.Res. 369 (99th)open

A resolution expressing 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. Resnick, all of whom 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.

Bill· HRH.R. 4041 (99th)referred

Live Birth Abortion Revision Act

United States · United States Congress · 23 January 1986

Live Birth Abortion Revision Act - Amends the Internal Revenue Code to deny a taxpayer's personal exemption deduction for a child who is born alive after an induced abortion or an attempt to perform an abortion and dies as a result of such procedure. Denies the deduction for abortion expenses unless the abortion was performed to save the life of the mother. Denies the personal exemption deduction for the spouse or a dependent of the taxpayer if the taxpayer intentionally causes the death of such spouse or dependent. Requires a court determination of an intentional cause of death.

Bill· HJRESH.J.Res. 500 (99th)open

A joint resolution designating June 14, 1986, as "Baltic Freedom Day".

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.

Bill· HRH.R. 3995 (99th)open

Pharmaceutical Export Amendments of 1986

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.

Bill· HRH.R. 3953 (99th)referred

A bill to require that United States contributions to an international financial institution be reduced by the United States proportionate share of any assistance provided by that institution to any foreign country for the production of any fiber, textile, or article of apparel.

United States · United States Congress · 16 December 1985

Requires United States contributions to an international financial institution in a fiscal year to be reduced by the U.S. proportionate share of any assistance provided by that institution to any foreign country for the production of any fiber, textile, or article of apparel.

Bill· HRH.R. 3917 (99th)open

A bill to extend the period allowed for compliance with certain financial responsibility requirements applicable to land disposal facilities under the Solid Waste Disposal Act.

United States · United States Congress · 12 December 1985

Extends the period allowed for compliance with certain financial responsibility requirements for land disposal facilities under the Solid Waste Disposal Act through June 30, 1986, with additional extensions permitted through November 8, 1986, as specified.

Bill· HRH.R. 3852 (99th)referred

Superfund Amendments of 1985

United States · United States Congress · 4 December 1985

Superfund Amendments of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)(Superfund) to direct the Administrator of the Environmental Protection Agency (EPA) to establish reportable quantities for all hazardous substances by December 31, 1986. Directs the Administrator to give primary attention to releases which may present a threat to public health. Grants the Administrator discretion to decide when responsible parties are authorized to conduct cleanup actions in lieu of Superfund-financed responses. Requires short-term removal actions undertaken by the Administrator to contribute to the degree possible to the efficient performance of any long-term action. Requires coordinated action among Federal and State natural resource trustees when hazardous substance releases threaten such resources. Increases the maximum time and funding limit on short-term response actions when appropriate. Requires States to assure the availability of hazardous waste disposal facilities sufficient for the next 20 years' wastes. Credits States with expenditures made at National Priorities List (NPL) sites on cost-eligible response actions. Revises other State cost-sharing measures. Treats long-term cleanup of groundwater or surface water as a part of the costs of remedial action. Grants EPA employees or contractors the necessary access to facilities and information to determine if the need for a response action exists. Prescribes a cleanup schedule for Superfund, requiring the Administrator to list at least 1,600 facilities on the NPL by January 1, 1988. Sets a schedule for the conduct of remedial investigations and feasibility studies (RIFS) and remedial action at a NPL sites. Directs the Administrator to revise the National Contingency Plan (NCP) within 18 months to reflect this Act's amendments. Requires the review of the hazard ranking system within one year. Permits individuals to petition the Administrator for a preliminary hazard assessment at a site. Includes contamination of the ambient air and damage to the human food chain as criteria for ranking a hazard. Eliminates the requirement that the NPL contain at least 400 sites. Prohibits the Administrator from taking abatement action against any release resulting from an applied pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act. Includes all vessels releasing hazardous substances within the jurisdiction of the United States under the liability provisions of CERCLA. Makes certain investigatory and assessment costs recoverable from the responsible party. Exempts Government agencies responding to a hazardous substance emergency from liability for all but negligent actions. Directs the Administrator and each Governor to appoint Federal and State trustees, respectively, for natural resources, creating a rebuttable presumption that their assessment of damages to such resources is valid. States that cleanup costs incurred in a response action constitute a Federal lien against the property of a responsible party. Sets forth evidentiary requirements for establishing financial responsibility. Permits direct action against a financial guarantor if the person liable is financially or physically unavailable for redress. Entitles such a guarantor to all rights and defenses available to the liable party. Limits the liability of such guarantor to its financial responsibility to the responsible party. Increases criminal penalties and adds certain civil penalties for violations of this Act, including failure to provide accurate information at specified times. Authorizes appropriations of $1,830,000,000 for each of FY 1986 through 1990 from Superfund, establishing the Fund level. Authorizes the use of Superfund monies for the authorities created by this Act. Eliminates the use of Superfund for payment of natural resource damage claims, except as specified. Revises auditing procedures to require annual audits and reports to the Congress by the Inspector General. Authorizes appropriations out of general revenue for Superfund for FY 1986 through 1990 of $250,000,000 per year. Establishes a six-year statute of limitations for Superfund claims, setting forth special rules for minors and incompetents. Authorizes nationwide service of process under CERCLA. Establishes a three year statute of limitations for the initiation of actions for contribution for response costs of damages and for recovery claims for damages to natural resources. Establishes a six-year statute of limitations for cost recovery actions. Prohibits pre-enforcement review of an ongoing removal. Limits judicial review of Federal decisions under this Act to the administrative record. Establishes new procedures for reimbursement of costs and provides opportunities for judicial review of administrative orders once the response action is completed. Authorizes a State to require contributions to a fund to pay the costs of hazardous substance response actions or damages. Establishes within the Public Health Service the Agency for Toxic Substances and Disease Registry (ATSDR), headed by an Administrator. Requires ATSDR to implement the health-related authorities of this Act. Directs such Administrator to establish and maintain a listing of areas closed to the public or otherwise restricted in use because of contamination by hazardous substances or pollutants or contaminants. Directs the Administrator of EPA to list and periodically revise a list of hazardous substances which pose the most significant potential threat to human health. Includes pollutants or contaminants to the degree they are determined to be hazardous. Directs the Administrator of ATSDR to establish and maintain an inventory of information on the health effects of each listed substance. Requires such Administrator to also develop toxicological profiles for each such substance, assessing the current state of knowledge of their deleterious effects, and revising such profiles at least every three years. Requires the Administrator to initiate research where inadequate information on a substance is available. Requires Federal coordination of research efforts. Requires the Administrator of ATSDR to perform a health assessment for each NPL facility where a significant possibility exists that a human population has been exposed to hazardous substances existing at such facility and a significant threat of adverse health effects exists. Bases the selection of such facilities on criteria developed by the Administrator of EPA. Permits the Administrator of ATSDR to conduct health assessments at other facilities as well. Authorizes individuals to petition the Administrator of EPA for a health assessment of a site where evidence of human exposure to hazardous substances exists. Requires the completion of health assessments before the completion of remedial investigation and feasibility studies (RIFS) whenever possible. Grants priority to those sites where the potential risk to human health appears highest. Requires State or local officials conducting a health assessment to report the results and recommendations to the Administrators. Requires the Administrator of ATSDR to provide the affected State and the Administrator of EPA with the results and recommendations of any ATSDR assessment. Includes the costs of an assessment among recoverable cleanup costs whenever such assessment reveals human exposure to a hazardous substance. Directs the Administrator of ATSDR to conduct a pilot study of health effects of exposure whenever justified by an assessment to determine if full scale epidemiological studies are appropriate. Requires the Administrator to establish a registry of exposed persons if appropriate. Directs the Administrator to initiate a health surveillance program for an exposed population if justified by an epidemiological study or exposure registry. Requires the Administrator to report biennially to the Administrator of EPA and ATSDR's activities under this Act. Directs the Administrator of EPA to abate significant risks to the human population through exposure by providing alternate household water or relocation of individuals. Requires peer review of all ATSDR studies and research. Requires the Administrator of ATSDR to provide States and health professionals with educational materials on exposure-related issues. Requires the Administrator of EPA to provide a reasonable opportunity for public comment on any proposed plan for remedial action before it is implemented. Requires the Administrator to publish an explanation of any divergences from such plan or public comments. Authorizes the Administrator to make assistance available to affected individuals to help them evaluate and assess technical information and data. Prohibits the Administrator from taking a response action to certain types of releases unless such releases constitute a public health or environmental emergency. Prohibits response to releases: (1) of naturally occurring substances; (2) of building products; (3) into drinking water supply systems due to ordinary deterioration; and (4) from specified coal mining sites. Grants highest cleanup priority to releases which have contaminated or closed a sole or principal drinking water source. Requires the consideration of certain factors when adopting offsite remedies, including the long-term risks and uncertainties of land disposal. Requires a study of the shortage of skilled personnel at EPA to administer this Act. Requires radon contaminated soil to be disposed of as low-level radioactive waste. Exempts response-action contractors from liability for nonnegligent cleanup activities if they would not otherwise have been liable. Opens competition for response-actions to all interested contractors, subject to Federal and State requirements. Includes Federal facilities under CERCLA as if they were private facilities, except for certain financial responsibility and time period provisions. Applies the relevant State law when a Federal facility is not on the NPL. Requires the Administrator to establish a Federal Agency Hazardous Waste Compliance Docket for each Federal agency and department which will include information on off-site contamination and monitoring data, and releases of reportable quantities of hazardous substances. Requires that such information be made available to the public. Requires the Administrator to evaluate certain Federal facilities by January 31, 1987, for placement on the NPL, using NCP criteria. Requires the commencement of a RIFS within six months of a Federal site's placement on the NPL. Directs the Administrator to review the RIFS and enter into interagency agreements for cleanup when necessary, allowing for public participation. Requires each agency to report annually to the Congress on its implementation progress. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored. Authorizes a State to act as an on-scene coordinator at EPA expense for Federal facility cleanups in such State. Sets forth special rules to protect national security at defense facilities needing cleanup. Requires the Administrator to select appropriate cost-effective remedial actions in accordance with the NCP. Requires remedial actions selected to provide sufficient control or amelioration of the hazardous substance so as to protect human health and the environment. Requires such measures to take into account the long-term effectiveness of the solution and the alternative technologies available to the maximum extent possible. Requires a standard of control at least as strict as that provided by any other applicable Federal environmental law for onsite disposal. Requires offsite disposal to be in compliance with the relevant provisions of the Solid Waste Disposal Act. Permits waivers of otherwise applicable requirements under specified conditions. Requires compliance with otherwise applicable permit requirements for offsite and Federal site disposal, but not for onsite disposal. Requires States to pay any difference in costs for requiring a cleanup to achieve a standard more stringent than the Federal standard. Sets forth cooperative procedures between a State and EPA to determine which remedial action or siting will be followed under this Act, and who will bear what costs. Establishes standards of treatment technology for dioxin wastes. Requires a value engineering review of the cost-effectiveness of response actions in excess of $4,000,000 dollars. Authorizes the Administrator to enter into agreements whereby the releasor or any potentially responsible person conducts the remedial response. Permits the Administrator to fund part of such response. Limits the liability of the cleaning up party to that specified in the agreement. Permits the Administrator to take action against any person not a party to such agreement. Enters such agreements in the appropriate U.S. district court as consent agreements, enforceable as such. Directs the Administrator to notify potentially responsible parties of each other's identities and of the seriousness of the necessary cleanup, providing a moratorium on the commencement of remedial action for a specified period after such notice has been given. Grants notified persons an opportunity to submit a proposal to the Administrator for the undertaking or financing of remedial action. Permits the Administrator to commence remedial action if no good faith proposal is forthcoming within a specified period. Authorizes the Administrator to proceed on remedial actions where a significant public health threat exists regardless of the status of negotiations. Authorizes the Administrator to agree to refrain from pursuing any future liability of a person if an approved response action would be expedited and the person is in full compliance with the consent decree. Permits such an agreement only in the public interest after an evaluation of the effectiveness of the remedy and the nature of the remaining risks. Places premiums from such agreements into the Groundwater and Surface Water Protection Fund for future remedial actions at other facilities. Permits the Administrator to settle with persons whose share of response costs is not substantial. Authorizes EPA to settle certain claims not yet referred to the Department of Justice. Permits arbitration. Requires the Administrator to promulgate rules setting out procedures under which the Administrator would reimburse local governments for expenses incurred in carrying out temporary emergency measures necessary to prevent or mitigate injury to public health or the environment associated with the release or threatened release of hazardous substances or pollutants or contaminants. Exempts from Superfund liability landfill gas operators at facilities where such operators are recovering gas. Excludes such operators from coverage under the Solid Waste Disposal Act, except as specified. Requires the Administrator to revise the Hazard Ranking System as it applies to facilities that contain substantial volumes of wastes that relate to the combustion of coal or other fossil fuels. Prohibits the addition of facilities to the NPL on the basis of the volume of such waste until such revision is completed. Requires the Secretary of Labor to promulgate worker protection standards for the protection of government and nongovernment employees engaged in hazardous waste operations. Authorizes appropriations for FY 1986 through 1990. Establishes liability limits for ocean incineration vessels under CERCLA. Authorizes the Administrator to require additional evidence of financial responsibility for such vessels. Title II: Miscellaneous Provisions - Terminates the Post-Closure Liability Fund's responsibility to fund the cleanup of already closed sites where hazardous waste was stored in compliance with the Solid Waste Disposal Act. Directs the Comptroller General to conduct a study of options for a program for the management of the liabilities associated with hazardous waste disposal sites after their closure. Provides for the additional regulation of hazardous substances under the Hazardous Materials Transportation Act. Establishes a federally-required commencement date for the running of State statutes of limitations for injury or damages caused by exposure to a hazardous substance, pollutant, or contaminant. Makes such date the time a plaintiff should reasonably have known exposure to such a substance caused or contributed to a personal injury. Renames the Hazardous Substance Response Trust Fund the Hazardous Substances Superfund. Amends the Solid Waste Disposal Act to authorize the Administrator to provide for the cleanup of leaking underground storage tanks. Requires the Administrator to use funds in the Leaking Underground Storage Tank Trust Fund for such purposes, but holds the owners and operators of such tanks strictly liable for such costs. Authorizes State implementation of such authority under specified conditions, authorizing the Administrator to make grants to such States for such purpose. Directs the Comptroller General to study the availability of pollution liability insurance for owners and operators of such tanks. Authorizes citizen suits against violators of this Act, including the Administrator and other government officials who have failed to perform nondiscretionary duties. Permits citizen suits against nongovernment officials in the Federal district court in which the violation occurred. Permits citizen suits against any Federal official only in the U.S. District Court for the District of Columbia. Empowers such courts to impose civil penalties and to order the performance of required acts. Requires plaintiffs to give notice to the Administrator, the alleged violator, and the State in which the violation occurred before commencing proceedings. Prohibits citizen suits where the Administrator has commenced and is pursuing an enforcement action. Permits the awarding of court costs to the substantially prevailing party. States that the United States may intervene as a matter of right in all citizen suits in which it is not otherwise a party. Requires the Federal Government to provide the assurances that it will pay a share of the remedial action and maintenance costs of a cleanup on Indian lands that is otherwise required to be made by a State. Authorizes Indian tribes to recover damages for injury to natural resources from hazardous substance releases, except as specified. Includes Indian tribes on the same basis as States under certain provisions of CERCLA. Requires the Administrator to commence a study on the adverse effects of drilling fluids, produced waters, and other wastes associated with the production of crude oil or natural gas on human health and the environment within six months of this Act's enactment. Directs the Comptroller General to appoint a study group to determine the insurability of the liability of persons who generate hazardous substances, own or operate facilities liable for costs under CERCLA, or are liable for harm to persons or property caused by the release of such substances into the environment. Requires the delivery of such report to the Congress within 18 months. Authorizes the formation of risk retention groups of corporations or insurance companies to assume and spread the pollution liability of its group members. Sets forth the relationship of such groups to State laws, insurance laws, and securities laws. Directs the Administrator to review State programs for the protection of public health and the environment where the annular injection of brines associated with oil and gas production is permitted. Requires the Administrator to order enforcement or corrective action as necessary. Requires completion of such review within 18 months of this Act's enactment. Establishes a comprehensive and coordinated Federal program of research, development, demonstration, and training to develop alternative and innovative treatment technologies for response actions under Superfund. Establishes a basic university research and education program within the Department of Health and Human Services and a research, demonstration, and training program within EPA. Establishes an advisory council. Directs the Secretary of Defense to carry out a program of environmental restoration on lands under the Secretary's jurisdiction through response and remedial actions covered by CERCLA. Requires the Secretary to report annually to the Congress on such program. Permits otherwise unauthorized military construction projects if necessary for a response action. Requires oversight hearings at least annually on CERCLA. Directs the Administrator to identify and assess the location and level of radon gas and radon daughters in naturally occurring deposits of uranium collecting in residences and structures. Requires the Administrator to conduct a demonstration program on methods to reduce or eliminate the threat and to report to the Congress by December 31, 1988, on the final results. Authorizes appropriations for FY 1986 through 1988. Title III: Emergency Planning and Community Right to Know - Subtitle A: Emergency Planning - Directs each Governor to appoint an emergency response commission to supervise and coordinate local emergency response committees appointed by the State commission to develop and, when necessary, implement an emergency response plan for hazardous substance emergencies arising out of activities carried on within such district. Subtitle B: Notification Requirements - Requires owners and operators of facilities which produce, use, or store hazardous chemicals to file with local and State officials and periodically revise a material safety data sheet for each hazardous chemical. Requires such owners and operators to supply such information to any other facility owner or operator who is receiving shipments of such chemicals. Requires such owners and operators to prepare, update, and submit to the local committee a hazardous substance report showing the type, amount, location, and exposure symptoms for each covered hazardous substance. Requires such report to also include emergency notification procedures and telephone numbers. Sets forth procedures for listing such substances. Requires an extremely toxic substance status sheet for each extremely toxic substance present at a facility. Sets forth procedures for listing such substances. Requires owners and operators to maintain records of such information. Sets forth exemptions. Requires such information to be made available to the public and health professionals. Requires the owner or operator of a facility having a hazardous substance emergency to immediately notify the appropriate authorities according to the Plan, including providing an emergency bulletin for the community which provides sufficient chemical and response information to inform the public of the nature of the crisis. Subtitle C: General Provisions - Preempts State and local law in the area of chemical hazard communication. Establishes civil penalties for violations of these requirements and provides for court-ordered enforcement of the medical information provisions. Permits owners and operators to withhold trade secret information from their material safety data sheets, but not from medical personnel. Excludes from the requirements of this title the transportation of any hazardous substance. Authorizes existing Federal emergency training programs to provide training programs for government personnel in hazard mitigation, emergency preparedness, and other aspects of emergency training with response to hazardous chemical emergencies specifically in mind. Authorizes appropriations to the Federal Emergency Management Agency for FY 1986 through 1990 for such purpose. Requires the Administrator to carry out a pilot program for testing methods to determine emissions from facilities of covered substances. Authorizes appropriations. Title IV: Comprehensive Oil Pollution Liability and Compensation - Comprehensive Oil Pollution Liability and Compensation Act - Subtitle A: Oil Pollution Liability and Compensation - States that this title is inapplicable to the United States regarding oil pollution damages during any period in which both the International Convention on Civil Liability for Oil Pollution Damage, 1984 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1984 are in force with respect to the United States and compensation is available. Permits claims for damages for economic loss arising from oil pollution for: (1) removal costs; (2) injury to or destruction of real or personal property; (3) reasonable costs incurred in assessing injury or destruction of natural resources and in planning, restoring, or acquiring the equivalent of the damaged resources; (4) loss of subsistence use of natural resources; (5) loss of profits or impairment of earning capacity due to such injury or destruction; and (6) loss of tax revenue for a period of one year due to injury to real or personal property. Specifies the potential claimants who have standing to assert claims involving such damages. Imposes joint, several, and strict liability on the party responsible for the source of oil pollution. Specifies liability limits (except in cases of gross negligence or willful misconduct) for vessels. Sets forth defenses to liability. Makes the Marine Oil Pollution Compensation Fund, established under subtitle B of this Act (the Fund), liable for damages not otherwise compensated. Requires the responsible party for certain vessels over 300 gross tons and the party responsible for offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Limits the liability of a guarantor to the aggregate amount of financial responsibility that the guarantor provided. Specifies procedures whereby the Secretary of Transportation shall designate oil pollution sources. Directs the Secretary to advertise claims to be presented initially to the responsible party or to such person's guarantor, in instances in which: (1) the responsible party and guarantor both deny involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source. Permits claimants either to present a claim to the Fund or to bring an action in an appropriate U.S. court if liability is denied or the claim is not settled within a specified period. Permits States to have accelerated access to funds for compensation for cleanup costs incurred by that State as a result of an oil spill. Sets forth procedures for the disposition and appeal of claims submitted to the Fund. Requires both the plaintiff and the defendant in a court action brought against a responsible party or guarantor to forward copies of all pleadings to the Fund. Permits the Fund to intervene in such actions. Requires a claim to be presented within three years of discovery of an economic loss, or within six years of the date of the incident, whichever is earlier. Subrogates any person, including the Fund, to all the claimant's claims and rights under this title. Sets forth the measure of recovery for actions brought by the Fund against any responsible party or guarantor. Grants U.S. district courts exclusive original jurisdiction over all controversies arising under subtitles A, B, and C of this Act, without regard to the citizenship of the parties or the amount in controversy. Makes the rights and remedies under this title exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment). Sets penalties for persons failing to comply with specified provisions in this Act. Authorizes appropriations for this title. Subtitle B: Marine Oil Pollution Compensation Fund - Establishes the Marine Oil Pollution Compensation Fund to be administered by the Secretary. Makes the Fund available for purposes of: (1) removal costs incurred under specified laws; (2) costs incurred by the President or a State Governor (as trustee) in assessing damaged natural resources and preparing a restoration and acquisition plan regarding such damaged resources; (3) certain uncompensated damage claims; (4) implementing certain laws regarding oil pollution; and (5) contributions to the International Fund. Requires rebates from income to premium payers if the Fund exceeds $300,000,000. Credits against required premiums any amounts paid to the Deepwater Port Liability Fund and the Off-shore Oil Pollution Compensation Fund. Sets a maximum premium of 1.3 cents per barrel of crude oil or other petroleum products for payment into the Fund. Limits payment on any claim (except removal costs) to the extent that payment would result in the Fund having less than $30,000,000. Establishes a liability limit per incident for the Fund. Sets a maximum civil penalty for failure to pay premiums into the Marine Oil Pollution Compensation Fund. Provides that if the balance of any fund is to be transferred to the Fund, any claim arising before the effective date of this Act shall be paid from the Fund. Provides that if the Secretary determines that there is a Trans-Alaska Pipeline Liability Fund deficit, then the premium imposed on oil first transported through such Pipeline shall be increased by a certain amount until the total amount of increased premiums equals the deficit. Subtitle C: Regulations, Effective Dates, and Savings Provisions - Specifies the effective dates of specified provisions of this Act. Eliminates the Trans-Alaska Pipeline Liability Fund and provides that all unused assets of such Fund shall be rebated directly to the operator of the Trans-Alaska oil pipeline for pro-rata payments to those owners who had paid into such Fund. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, the Intervention on the High Seas Act, the Outer Continental Shelf Lands Act Amendments of 1978 and the Trans-Alaska Pipeline Authorization Act, to conform with the provisions of this Act. Transfers to the Fund amounts remaining in the Deepwater Port Liability Fund and the Offshore Oil Pollution Compensation Fund (both having been eliminated by the above repeals). Subtitle D: Implementation of Conventions - Recognizes the International Oil Pollution Compensation Fund (International Fund) as a legal person under the laws of the United States. Requires, in any action brought in the United States against the owner of a ship or his guarantor under the International Convention on Civil Liability for Oil Pollution Damage, that the International Fund and the Marine Oil Pollution Compensation Fund be served a copy of the complaint and any subsequent pleading. Entitles the International Fund to intervene as a party in any such action. Exempts the International Fund from all direct taxation in the United States. Requires any contribution to the International Fund to be paid from the Marine Oil Pollution Compensation Fund. Sets forth the jurisdiction of the U.S. district courts for controversies arising under the Civil Liability Convention or the International Fund Convention. Requires U.S. courts to recognize final judgments of courts of nations which are a party to the Civil Liability Convention or the International Fund Convention. Requires the owner of each U.S. documented ship, or any ship, wherever registered, which enters or leaves a U.S. port or terminal carrying more than 2,000 tons of oil in bulk as cargo to establish and maintain evidence of financial responsibility in amounts sufficient to cover the maximum liability arising from one incident under the Civil Liability Convention. Imposes a civil penalty for noncompliance with such financial responsibility requirement. States that the United States waives all defenses based on its status as a sovereign state with respect to any controversy arising under the Civil Liability Convention or the International Fund Convention relating to any ship owned by the United States and used for commercial purposes. Title V: Amendments to the Internal Revenue Code of 1954 - Superfund Revenue Act of 1985 - Part I: Superfund and Its Revenue Sources - Amends the Internal Revenue Code to increase and extend the environmental tax on petroleum and certain chemicals for five years, through FY 1990. Includes lead as a taxable chemical. Provides for inflation adjustments for such tax. Creates an exemption for: (1) exports; (2) lead having transitory presence during the extraction process; (3) certain recycled chemicals such as chromium, cobalt, nickel, and lead; and (4) animal feed substances. Provides a special rule for the treatment of xylene and nitric acid. Repeals the exemption for chemicals derived from coal. Repeals the Post-Closure Tax and Trust Fund of the Hazardous Substance Response Revenue Act of 1980. Imposes a tax through 1990 in increasing amounts on: (1) the receipt of hazardous waste at a qualified hazardous waste management unit or the receipt of such waste for ocean disposal; or (2) on the exportation of such waste. Sets forth exemptions for certain removal and remedial actions under the Solid Waste Disposal Act or CERCLA for waste received at any Federal facility, and for waste received at waste water treatment units. Allows credits for incineration, qualified chemical fuels, and recycled batteries. Applies the tax while corrective action at a facility is uncompleted. Imposes a tax on hazardous waste which has not been received for disposal within 270 days of its generation. Sets forth specified exemptions, including small generators. Requires persons subject to these taxes to submit to the Secretary of the Treasury any required information, including information submitted to the Administrator under the Solid Waste Disposal Act. Imposes penalties for violations of such and other information requirements. Imposes other penalties for violations of these tax requirements, including a negligence penalty. Imposes a tax through FY 1990 on any taxable substance (a substance whose value is more than 50 percent derived from petroleum or taxable chemicals) sold or used by its importer. Exempts substances already taxed as petroleum or feedstock chemicals. Imposes a Superfund excise tax on the sale or leasing of tangible personal property in connection with a trade or business or the importing of such property through December 31, 1990, or until September 30, 1990, if $10,000,000,000 has been collected and credited to the Hazardous Substance Superfund. Exempts certain small transactions, exports, and certain products, such as foods and unprocessed agricultural products from such tax. Sets forth the formula for determining the taxable amount. Sets forth rules on credits and their carryforward. Sets forth administrative provisions identifying return requirements, taxable periods, depository requirements, penalties and special rules for certain manufacturers, taxpayers under common control, and Indian tribal governments. Establishes in the Treasury the Hazardous Substance Superfund. Authorizes appropriations to Superfund for FY 1986 through FY 1990. States that such Fund replaces the Hazardous Substance Response Trust Fund. Part II: Leaking Underground Storage Tank Trust Fund and Its Revenue Sources - Imposes an additional tax on gasoline, diesel fuel, and special motor fuels. Earmarks funds for the Leaking Underground Storage Tank Trust Fund. Establishes in the Treasury the Leaking Underground Storage Tank Trust Fund to be the sole sources of revenue for cleaning up such tanks. Part III: Oil Spill Liability Trust Fund and Its Revenue Sources - Increases the environmental tax on petroleum, including an increase to fund the Oil Spill Liability Trust Fund. Establishes such Fund in the Treasury, transferring funds from under the Comprehensive Oil Pollution Liability and Compensation Act, the Deep Water Liability Fund, and the Offshore Oil Pollution Compensation Fund. Makes such monies available for removal costs under such Acts and for contributions to the International Fund of the Comprehensive Oil Pollution Liability and Compensation Act. Sets forth administrative provisions for such Fund. Part IV: Studies - Directs the Secretary of the Treasury to study the impact of the waste management tax on domestic manufacturers and report to the appropriate congressional committees by July 1, 1986. Directs the Administrator of ATSDR to report to the appropriate congressional committees by March 1, 1986, on the nature and extent of lead poisoning in children from environmental sources, including an evaluation of specific sites. Part V: Coordination with Other Provisions of this Act - Makes title V of this Act the sole taxing and financial administration authority under CERCLA.

Bill· HRH.R. 3777 (99th)open

Trade Law Modernization Act

United States · United States Congress · 19 November 1985

Trade Law Modernization Act - Title I: National Trade Policy and Negotiating Objectives; Negotiation Authority - Sets forth national trade policy objectives that shall guide U.S. trade policy and domestic economic policy. Directs the Secretary of Commerce (the Secretary), within one year of enactment of this Act, to report to the Congress on bilateral trade issues between the United States and Mexico. Directs the Secretary in such report to: (1) identify and analyze the barriers to trade between the United States and Mexico; (2) recommend actions to reduce or eliminate such barriers; (3) identify and analyze the potential effects on bilateral trade of a United States-Mexico development bank; and (4) identify and analyze the potential effects on bilateral trade of a United States-Mexico Bilateral Commission which would monitor and evaluate actions taken to strengthen ties between the two countries. Directs the Administering Authority (usually the U.S. Trade Representative) to submit by March 1 of each year to specified congressional committees a statement of the actions the Administering Authority proposes to take during such year to achieve such objectives. Requires the committees to hold hearings on such proposals and to advise the Administering Authority on such proposals. Declares that U.S. objectives in any trade negotiations shall be: (1) to obtain more open and equitable market access abroad for U.S. products and services, the reduction and elimination of the adverse effects of certain foreign trade practices, and improved effectiveness of the rules governing international trade; (2) to develop internationally accepted rules which meet certain needs; (3) to promote international cooperation in trade and monetary policies; (4) to obtain internationally agreed upon rules to evaluate and respond to government owned or controlled enterprises which engage in international trade; and (5) to establish procedures governing the sale of goods and services by such enterprises and the operation of such enterprises. Amends the Trade Act of 1974 to transfer from the President to the Secretary the authority to take action in cases of market disruption. Transfers from the President to the Administering Authority the authority to extend tariff preferences under the Generalized System of Preferences. Amends the Tariff Act of 1930 to transfer from the President to the Administering Authority the authority to make the final review of actions to prevent unfair practices in the importation of articles into the United States. Authorizes the President to impose a temporary import surcharge of 25 percent in order to restore equilibrium in the balance of payments in certain circumstances. (Currently such surcharge may not exceed 15 percent). Limits the duration of such surcharge or limits imposed on imports to improve the balance of payments to two years. (Currently such measures may be imposed for only 150 days.) Deletes certain restrictions on imposing import limitations for such purposes. Authorizes one year extensions of such measures. Directs the President to begin negotiations with foreign countries to achieve an agreement to eliminate the harmful effects on U.S. trade of balance of payments disequilibrium. Prohibits the President from: (1) beginning negotiations under the GATT on the reduction or elimination of tariffs and nontariff trade barriers until negotiations are started to eliminate the effects of balance of payments disequilibrium; or (2) concluding any GATT negotiations before the first anniversary of the date on which negotiations are commenced to eliminate the effects of balance of payments disequilibrium. Directs the Secretary of the Treasury to notify the Congress, within 30 days of enactment of this Act, of the necessary changes that must be made to restore equilibrium in the U.S. current account deficits by 1990. Title II: Foreign Commerce Competitiveness Enhancement - Amends the Department of Commerce Organic Act to direct the Secretary to establish within the Department of Commerce the Foreign Commerce Development Program which shall: (1) analyze Federal, State, and local regulations of both foreign and U.S. industries and their effect on interstate and foreign commerce; (2) evaluate and propose responses to certain trade barriers; (3) compile a comprehensive inventory of foreign acts, policies, and practices which may constitute trade barriers or which may limit the access of U.S. industries to such foreign countries; and (4) identify and analyze all foreign programs that direct resources to a particular foreign industry to create international competitive advantage and evaluate the effect of such programs on the international competitiveness of U.S. industries, including a description of the nature and extent of government intervention. Directs the Secretary, on the basis of the information gathered through such program, to formulate strategies and policies to increase the competitiveness of U.S. industries. Directs the Secretary to report annually to the Congress and the President on: (1) the analyses and studies and inventory prepared by the Foreign Commerce Development Program; (2) the strategies and policies formulated by the Secretary to increase U.S. competitiveness, respond to foreign trade practices, and ensure reciprocity for U.S. products, services, and investment in foreign markets; (3) assessments of foreign industrial and trade policies on U.S. industries, trade, and employment, and an evaluation of economic and technological development affecting the competitive position of U.S. industry; (4) developments which are significantly likely to present a competitive challenge to, or substantial dislocation in, an established U.S. industry, which present significant new opportunities for U.S. industries, or which create a significant risk to the future competitiveness of U.S. industries; and (5) the industry sectors affected by the developments that create a significant likelihood of competition to or substantial dislocation in an established U.S. industry. Requires the Secretary, in implementing the Foreign Commerce Development Program, to give priority to those countries and product sectors in which the United States has significant economic and commercial interests. Provides a method of changing discriminatory foreign procurement practices and regulatory requirements. Authorizes the Secretary to investigate whether: (1) a foreign government is engaging in a discriminatory procurement practice or imposing a discriminatory regulatory requirement; and (2) that practice or requirement is harming U.S. trade. Sets forth the deadlines for: (1) a determination of whether to investigate the allegations in the petition; (2) preliminary findings if the Secretary decides to undertake the investigation; and (3) the final determination of the Secretary. Directs the Secretary to initiate such an investigation if the Secretary: (1) determines to do so on the basis of a petition; (2) determines to do so on the Secretary's own initiative; or (3) has reason to believe, based on information collected under the Foreign Commerce Development Program, that discriminatory foreign procurement practices exist and are harming U.S. trade. Directs the Secretary to establish a program to evaluate the industrial and trade policies of other countries and the effects of such policies on U.S. industries, trade, and employment. Requires the Secretary to provide sufficient information to the Congress, Federal agencies and Federal courts to ensure their consideration of the competitive impact of pending decisions that could enlarge the access of foreign products and services to the U.S. markets. Requires the Secretary to consult with foreign governments to ensure that market access conditions subject to such pending decisions are equivalent to those existing in the United States. Directs the Secretary to report to the Congress on such consultations. Directs the Secretary to establish special industry sector advisory panels to assess the actual or potential dislocation, challenge, or opportunity for the industry sectors identified in any report submitted under the Foreign Commerce Development Program that is of national significance because of: (1) its employment or capital resources; (2) its impact on national defense; or (3) its importance as a supplier to, or customer of, other U.S. industries. Authorizes the Secretary to establish industry sector advisory panels for other industries. Requires the panels to formulate recommendations for responses to such dislocation, challenge, or opportunity. Directs the Secretary, after the International Trade Commission (ITC) begins an import relief investigation under the Trade Act of 1974 based on a petition, to establish, upon request, an industry advisory group. Requires such an advisory group to prepare for the industry concerned an assessment of current problems and a strategy to enhance competitiveness. Directs the Secretary to try to obtain, on a confidential basis, information from the individual members of such advisory group on: (1) how such members intend to act upon the recommendations in such assessment and strategy; and (2) any other actions such members intend to take which will foster the objectives of the strategy. Requires the ITC, the Secretary of Labor, and the Secretary to consider such assessment and strategy in making any import relief determination or taking any import relief actions. Amends the Trade Act of 1974 to require the Administering Authority, if it determines to provide import relief and if an industry assessment and competitiveness strategy was submitted to the Administering Authority, to publish notice of the availability of, and a summary of, such assessment and strategy. Requires a review committee, if such summary is published, to: (1) monitor actions taken by the petitioners to improve the competitive position of the industry; (2) make recommendations for administrative action; and (3) submit recommended legislation to the Congress. Requires the review committee to consult with the advisory group members if the review committee determines that the firms or workers are not implementing or are implementing unsatisfactorily: (1) the recommended objectives and actions in the industry assessment and competitiveness strategy; or (2) the actions declared in the confidential information obtained by the advisory group. Requires the Administering Authority to request the ITC to issue a report on the probable economic effect on the industry of import relief if, after consultations with the advisory group members, the review committee determines that the failure to implement or failure to implement satisfactorily such actions is not justified by changed circumstances and has adversely affected overall implementation of the objectives of the industry assessment and competitiveness strategy. Title III: Fair Competition in Foreign Commerce - Directs the Secretary to prohibit for three years any multiple customs law offender from: (1) introducing or trying to introduce foreign goods or services into U.S. commerce; and (2) engaging or trying to engage any other person to introduce, on such offender's behalf, foreign goods or services into U.S. commerce. Provides for identifying such multiple offenders. Sets the penalty for violations of such prohibition. Establishes in the Treasury a fund to be known as the Commerce Development and Adjustment Fund which shall consist of all countervailing and antidumping duties collected under title VII of the Tariff Act of 1930 and of all additional duties imposed by the Administering Authority under titles II and III of the Trade Act of 1974. Requires the Secretary (with respect to firms and communities) and the Secretary of Labor (with respect to workers) to use the fund to assist firms, communities, and workers in adjusting to adverse effects caused by import penetration. Title IV: Relief from Injurious Industrial Targeting and Unfair Trade Practices - Provides that foreign acts, policies, or practices that constitute injurious industrial targeting or that circumvent or facilitate the circumvention of a trade agreement may trigger import relief actions. Defines injurious industrial targeting to mean any combination of coordinated government actions: (1) which are bestowed on a specific enterprise, industry, or group thereof; (2) which assist such enterprise, industry, or group to become more competitive in the export of any class or kind of merchandise; and (3) which cause or threaten to cause material injury. Transfers from the President to the Administering Authority the authority to take certain actions to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Authorizes the Administering Authority to: (1) suspend, withdraw, or prevent application of the benefit of trade agreement concessions with the foreign country or instrumentality involved; (2) direct customs officers to assess duties or impose other import restrictions on the products of such country or instrumentality or to assess fees or impose restrictions on the services of such country or instrumentality for such time, in such amount, and to such degree as the Administering Authority deems appropriate; (3) negotiate agreements to offset the burden or restrictions on U.S. commerce; (4) submit proposed administrative actions and legislation to implement any other government action which would restore or improve the international competitive position of the injured or threatened industry; (5) recommend action by the President; or (6) any combination of such actions. Includes unfair and inequitable natural resource input pricing with the definition of unfair or inequitable trade practice. Declares that unfair and inequitable natural resource input pricing occurs if: (1) an input product is provided by a foreign government for input use within that country at a domestic price that is lower than fair market value and is not freely available to U.S. producers and the input product would, if sold at fair market value, constitute a significant portion of the total cost of the merchandise in or for which it is used; or (2) the right to remove an input product (removal right) is provided or sold by a foreign government within an exporting country and that product is for input use within the exporting country, the removal right is provided at a domestic price that is lower than its fair market value, and the product to which the removal right applies, if the right was sold at fair market value, constitute a significant portion of the total cost of the merchandise in or for which the product is used. Defines fair market value. Requires the Secretary of the Treasury, if the Administering Authority takes any action to enforce U.S. trade rights with respect to capital goods to withdraw temporarily any Federal subsidy with certain exceptions that is designed to encourage the acquisition of capital goods for use expanding or modernizing industrial capacity. Directs the Administering Authority to consult with representatives of domestic firms and workers that may be affected by any import relief investigation which is initiated by petition filed with the Administering Authority regarding any determination which is required to be made by the Administering Authority. Directs the Administering Authority, upon written request, to make confidential business information obtained by it in connection with an import relief investigation available under a protective order. Prohibits release of information classified for national security reasons. Requires the Administering Authority to act upon requests for such information within ten days of the request. Requires the Administering Authority, in conducting an import relief investigation initiated by petition to the Administering Authority, to present detailed questionnaires to the foreign government or enterprise involved in order to obtain information concerning the allegations in the petition. Directs the Administering Authority to verify any such information which the Administering Authority relied upon in making any determinations. Provides for relying on the best information available, which may be the information contained in the petition, if the foreign government fails to provide information or provides insufficient or unsatisfactory information. Requires the Administering Authority to make a preliminary determination within five months of the start of such an import relief investigation on whether there is reason to believe that import relief is warranted. Authorizes the Administering Authority to take certain actions based on the preliminary finding. Requires the final determination to be made within 11 months of the start of the investigation. Requires the Administering Authority to determine what actions to take if the final determination is that import relief is warranted except that specific actions are required if injurious industrial targeting is found to exist. Requires the Administering Authority to consult with the petitioner and representatives of the affected domestic firms and workers if the final determination is affirmative. Requires the Administering Authority to report to the Congress if the final determination is affirmative and the Administering Authority declines to take any action. Terminates any preliminary import relief if the final determination is negative. Requires publication in the Federal Register of such preliminary and final determinations. Requires the Administering Authority, if it makes a preliminary finding that injurious industrial targeting exists, to: (1) establish an advisory committee; and (2) formulate, in consultation with such advisory committee, proposals which would restore or improve the competitive position of affected domestic industries. Requires the Administering Authority to notify the ITC when it initiates an investigation of injurious industrial targeting. Requires the ITC to make a preliminary determination within 60 days of receiving such notice of whether there is a reasonable indication that because of sales or likely sales of the merchandise which is the subject of the investigation: (1) an industry in the United States is materially injured or is threatened with material injury; or (2) the establishment or growth of an industry in the United States is materially retarded. Requires the ITC to make a final determination of whether such circumstances exist by: (1) 45 days after the affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is affirmative; or (2) 75 days after an affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is negative. Makes the ITC's determination subject to review by the U.S. Court of International Trade if such determinations were made under the countervailing or antidumping duty provisions of the Tariff Act of 1930. Defines material injury and threat of material injury. Requires the Administering Authority to submit to the President any proposed administrative action and any proposed legislation to restore or improve the competitive position of the injured industry if the preliminary and final determinations are that injurious industrial targeting has occurred. Provides for expedited consideration of such legislation. Requires the Administering Authority to report to the Congress on the actions the Administering Authority will take to offset the material injury or threat of material injury from the injurious industrial targeting. Authorizes the Administering Authority to enter into a settlement agreement with the foreign country or entity involved in lieu of taking other actions if: (1) such agreement completely eliminates the material injury or threat of material injury from the injurious industrial targeting; and (2) such agreement is approved by the petitioner if the investigation began because of a petition. Authorizes the Administering Authority to take actions to compensate a foreign country or entity if the contracting parties to the GATT disapprove of actions taken in response to injurious industrial targeting. Directs the Administering Authority to consult with the petitioner and the representatives of affected domestic firms and workers if, in the course of an investigation, the Administering Authority has reason to believe that a foreign government engaged in dumping or other actions for which relief is available under specified provisions of the Tariff Act of 1930. Amends the Trade Expansion Act of 1962 to require the President to take action within 90 days of receiving information that an article is being imported under such circumstances or in such quantities as to threaten national security. Amends the Tariff Act of 1930 to provide that certain unfair methods of competition that destroy or substantially injure a U.S. industry are unlawful. (Currently such methods of competition are only unlawful if they destroy or substantially injure an efficiently and economically operated industry.) Provides that the following acts are unlawful if the ITC first determines that an industry consisting of the U.S. operations of the owner of the intellectual property at issue and its licensees exists or is likely to be established: (1) unauthorized importation, sale or offer for sale of an article that infringes on a valid U.S. patent; (2) unauthorized importation, sale, or offer for sale of an article that was made by a process covered by a valid U.S. patent and if made in the United States would infringe a valid U.S. patent; (3) unauthorized importation, sale, or offer for sale of an article which infringes a valid U.S. copyright; (4) importation, sale, or offer for sale of an article which infringes a valid U.S. trademark; and (5) unauthorized importation, sale, or offer for sale of an article that infringes a valid U.S. maskwork. Decreases the length of time available to the ITC to investigate a case of unfair methods of competition from one year (18 months in complicated cases) to six months (nine months in complicated cases.) Title V: Relief from Injury Caused by Import Competition - Amends the Trade Act of 1974 to transfer from the President to the Administering Authority the authority to take certain actions following import relief investigations by the ITC. Authorizes a petition for import relief to include within its statement of reasons for requesting import relief the desire to facilitate the orderly transfer of resources to enhance competitiveness. Changes the scope of the ITC's import relief investigation to include determining whether an article is being imported into the United States in such increased quantities as to be a cause (currently substantial cause) of serious injury or threat of serious injury to any domestic industry that produces an article like or directly competitive with the imported article or that produces materials, parts, components, or subassemblies which, due to inherent characteristics, are intended for incorporation in an article like or directly competitive with the imported article. Changes one of the factors that must be considered in making such determination with respect to serious injury in order to cover the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. (Current law refers to the inability of firms to operate at a reasonable profit.) Changes the factors that must be considered in making such determination with respect to the threat of serious injury in order to cover: (1) a decline in sales or market share in the domestic industry; (2) a higher and growing inventory in the domestic industry; (3) a downward trend in production, profits, wages, or employment (or increasing underemployment) in the domestic industry; (4) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any class or kind of merchandise and that causes or threatens to cause serious injury to the domestic industry; (5) the extent to which the U.S. market is the focal point for diversion of exports of the article concerned because of restraints on exports of such article to, or imports of such articles into, third country markets; and (6) in the case of an industry that has developed an industry assessment and competitiveness strategy, the inability of producers in the domestic industry to generate adequate capital to finance the modernization of plant and equipment or to otherwise enhance competitiveness. Requires (currently authorizes) the ITC to make certain determinations with respect to determining the domestic industry producing an article like or directly competitive with an imported article. Defines "cause" for purposes of determining whether imports are a cause of injury to mean a cause which is important. Declares that a cause may be important even though other causes are of equal or greater importance. Requires the ITC, if it finds that serious injury or the threat of serious injury exists for a domestic industry, to: (1) find the amount of the increase in, or imposition of, any duty or import restriction necessary to prevent or remedy such injury; and (2) if it determines that adjustment assistance can assist in remedying such injury, recommend the provision of such assistance. Directs the Administering Authority, if during an import relief investigation it finds that critical circumstances exist, to impose provisional measures (increase in tariff, tariff-rate quotas, quantitative restrictions, orderly marketing agreements or a combination of such actions). Requires such measures to remain in effect until the later of the date: (1) on which the President revokes such measures; (2) on which the ITC makes a negative determination of injury; or (3) which is 60 days after the date on which the ITC makes an affirmative determination of injury. Declares that critical circumstances exist if a significant increase in imports over a short time has led to circumstances in which delay in relief would cause damage that would be difficult to repair. Requires the ITC, if it finds that serious injury has resulted from imports, to determine: (1) whether trade in the article concerned has been affected by coordinated government actions that are bestowed on a specific enterprise, industry, or group and that assist the beneficiary in becoming more competitive in exporting a class or kind of merchandise; and (2) the extent to which the U.S. market is the focal point for diversion of exports of such article because of restraints on exports of such article to, or on imports of such article into, third country markets. Directs the Administering Authority, if it determines to provide import relief and the ITC has found that trade in the article has been affected by such coordinated government actions, to consult and negotiate with other countries that produce or consume such article to seek the establishment of a multilateral framework to maintain and develop fair, equitable, and nondisruptive patterns of trade in such article. Requires the Administering Authority, if it decides to provide import relief, to consult with petitioners and representatives of workers and firms in the affected industry on the advisability and desirability of taking appropriate action under countervailing or antidumping duty provisions of the Tariff Act of 1930 or under title III of the Trade Act of 1974 if the Administering Authority has reason to believe that a foreign government or firm is engaged in any action or practice for which such relief is available. Provides that an import relief investigation may be initiated for good cause shown with respect to an article that has already received import relief. (Currently two years must elapse after import relief is granted before another investigation may begin.) Requires the Secretary of the Treasury, if the Administering Authority takes any action under title II of the Trade Act of 1974 with respect to capital goods, to withdraw temporarily any Federal subsidy with certain exceptions that is designed to encourage the acquisition of capital goods for use in expanding or modernizing industrial capacity. Title VI: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to add requirements for a country to be considered a "country under the Agreement" for purposes of the countervailing duty provisions of such Act. Requires such a country to have made a commitment under the GATT to: (1) eliminate its export subsidies within one year (five for least developed countries); (2) not increase, extend, or add export subsidies; and (3) eliminate immediately export subsidies on those products in which such country is competitive. Requires the ITC, upon request, to investigate whether the merchandise is already competitive in the U.S. market and whether the merchandise would be competitive in the absence of export subsidies. Directs the Administering authority to review the status of, and compliance with, specified agreements at least once during each 12-month period. Directs the Administering Authority to publish such determinations. Imposes penalties for failure of a foreign country to honor any term of such agreements. Directs the Administering Authority, if a countervailing duty investigation is initiated based upon a petition or upon the Administering Authority's initiative, to: (1) notify the Customs Service to collect and forward information on the volume and value of entries of the class or kind of merchandise subject to the investigation; (2) order the suspension of liquidation of all entries of such merchandise; and (3) begin monitoring the volume of such imports to determine whether it has significantly increased. Prohibits making the determination of whether the volume of such imports has significantly increased until 60 days after the filing of the petition or the start of the investigation. Terminates the suspension of liquidation if the volume of such imports has not significantly increased. Requires the Administering Authority, if the preliminary determination in a countervailing duty investigation is that critical circumstances exist, to order the posting of a cash deposit, bond, or other security for, and to apply any suspension of liquidation ordered under the countervailing duty subtitle to, unliquidated entries of such merchandise entered or withdrawn from warehouse on or after the date that is 90 days before the notice of such preliminary determination is published. Provides for the termination of any suspension of liquidation and release of any required security if a countervailing duty investigation is terminated or suspended. Requires the Administering Authority to determine whether critical circumstances exist if its final determination is that a subsidy does exist and the Administering Authority has determined that there has been a surge of imports of the article subject to the investigation. Requires the Administering Authority, if the Administering Authority determines that critical circumstances do not exist or the ITC determines that there is no material injury but that there is a threat of material injury or that the establishment of an industry in the United States is materially retarded, the Administering Authority shall: (1) terminate any suspension of liquidation ordered under the countervailing duty provisions; and (2) release any security and refund any cash deposit which has been made. Directs the Administering Authority, if an antidumping investigation is initiated by petition or upon the Administering Authority's own initiative, to: (1) notify the Customs Service to collect and forward information on the volume and value of entries of the class or kind of merchandise subject to the investigation; (2) begin monitoring the volume of such imports to determine whether it has significantly increased. Prohibits making the determination of whether the volume of such imports has significantly increased until 60 days after the filing of the petition or the start of the investigation. Terminates the suspension of liquidation if the volume of such imports has not significantly increased. Requires a specified amount of security to be posted for articles subject to an antidumping investigation which are imported on or after the date of publication of the notice of the decision to start the investigation. Requires the Administering Authority to make specified determinations if the Administering Authority determines that the volume of imports of the articles subject to an antidumping investigation have recently increased significantly. (Current law requires the Administering Authority to make such determinations if the petitioner alleges critical circumstances.) Requires the suspension of liquidation or the bond requirement to apply to all such articles that were imported 90 days before the publication of the notice of investigation if the Administering Authority makes certain affirmative findings about a history of dumping such articles or the knowledge of the importer of the fair value of the imports. Provides for the termination of any suspension of liquidation and release of any required security if an antidumping duty investigation is terminated or suspended. Requires the Administering Authority's final determination on whether dumping exists to include a finding on whether critical circumstances exist if such final determination is affirmative and the Administering Authority found that imports of the article under investigation had significantly increased. Requires the Administering Authority, if the Administering Authority determines not to extend the time for making a final determination of the existence of dumping or the ITC determines that there is no material injury but that there is threat of material injury or that the establishment of an industry in the United States is materially retarded, to: (1) terminate any suspension of liquidation ordered under the antidumping provisions; and (2) release any security and refund any cash deposit which has been made. Waives the requirement that the ITC make a preliminary determination of injury in a countervailing duty investigation if the ITC has found injury in an antidumping or countervailing duty investigation with respect to the same merchandise during the year preceding the start of the new investigation. Authorizes the Administering Authority to suspend countervailing duty investigations if the government of the subsidizing country or the chief exporter of the merchandise agrees to eliminate the subsidy after the date on which the investigation is suspended. (Current law permits the government or exporter to offset the subsidy as an alternative to eliminating it.) Adds conditions which must be met before the Administering Authority is allowed to permit the posting of security in lieu of the deposit of estimated antidumping duties. Allows the Administering Authority to permit such action if: (1) the investigation is not extraordinarily complicated; (2) the final determination in the investigation has not been postponed; (3) the manufacturer, producer, or exporter of the merchandise provides credible evidence that the difference between the foreign market value and the U.S. price of the merchandise is significantly less than the amount specified in the antidumping duty order; and (4) the data concerning the foreign market value and the U.S. price apply to sales in the usual commercial quantities and in the ordinary course of trade. Requires the Administering Authority to make certain confidential information available to interested parties and to afford them as opportunity for comment before deciding whether to permit the posting of bond or other security. Prohibits treating countervailing and antidumping duties as any other customs duties for purposes of any law relating to the drawback of customs duties. Prohibits granting any exception to the labeling requirements applied to imports for imported silver jewelry. Requires the ITC, in determining whether a U.S. industry is threatened with material injury because of imports, to consider: (1) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any merchandise and to cause or threaten to cause material injury to the United States; and (2) the extent to which the United States is the focal point for exports of the merchandise by reason of restraints on exports of their merchandise to, or on imports of the merchandise into, third country markets. Includes within the definition of "interested party" for purposes of antidumping and countervailing duty investigations a manufacturer, producer, or wholesaler of major parts, materials, components, or assemblies or subassemblies which are intended to be incorporated into a like product. Authorizes the Administering Authority to waive the requirement that the merchandise subject to investigation be produced by the same person if a government agency follows or has followed a practice of allocating contracts for, or establishing quotas for the merchandise among users in that country. Requires such government actions to be considered in ascertaining the foreign market value of the merchandise. Defines diversionary dumping as dumping of any material or component which is incorporated into the merchandise under investigation and which has been the subject of a previous investigation. Requires the Administering Authority to determine whether an increase in imports of the merchandise under investigation has occurred if: (1) a countervailing duty order is in effect with respect to an input product or an input product is subject to an agreement between the United States and a foreign country or foreign customs union; and (2) a subsidy continues to be paid on such input product after a countervailing duty order was issued. Requires the Administering Authority to include in calculating the cost of producing the merchandise the value of any benefit the producer or manufacturer has received from government research and development programs. Sets forth special rules for determining cost of production and constructed value if imports of the merchandise into the home market have been unreasonably restrained. Sets forth general rules governing the disclosure of confidential information to interested parties.

Resolution· HRESH.Res. 315 (99th)open

A resolution expressing the sense of the House of Representatives that natural gas pipelines should transport natural gas for any person, and should do so in a nondiscriminatory manner.

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.

Bill· HRH.R. 3644 (99th)open

Fair Furniture Trade Act of 1985

United States · United States Congress · 30 October 1985

Fair Furniture Trade Act of 1985 - Amends the Trade Act of 1974 to authorize the President to enter into a trade agreement with Canada which provides for changes in the Canadian tariff treatment for U.S. furniture products. Requires such agreement to provide for the elimination of: (1) differing tariff levels on furniture trade between the United States and Canada; and (2) any Canadian nontariff barrier to U.S. furniture products. Sets forth factors the President shall consider in negotiating such agreement. Provides for staged increases in the tariff on imports of Canadian furniture until such a trade agreement is implemented. Directs the President to consult with specified congressional and other committees in negotiating such agreement. Directs the President to proclaim the necessary changes in the Tariff Schedules of the United States in order to implement such a trade agreement.

Bill· HJRESH.J.Res. 428 (99th)open

A joint resolution to prohibit the sales of certain advanced weapons to Jordan.

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.

Bill· HRH.R. 3597 (99th)open

Indian Economic Development Act of 1985

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.

Bill· HRH.R. 3599 (99th)referred

A bill to suspend temporarily most-favored-nation treatment to Romania.

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.

Bill· HRH.R. 3522 (99th)referred

Trade Partnership Act

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.

Bill· HRH.R. 3520 (99th)referred

Balanced Budget and Emergency Deficit Control Act of 1985

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.

Bill· HRH.R. 3469 (99th)referred

Child Health Incentives Reform Plan

United States · United States Congress · 1 October 1985

Child Health Incentives Reform Plan - Amends the Internal Revenue Code to deny employers an income tax deduction for group health plan expenses unless such plan includes coverage for pediatric preventive health care. Defines "pediatric preventive health care" for purposes of qualification for such income tax deduction.

Bill· HRH.R. 3456 (99th)open

Consumer Product Safety Amendments of 1985

United States · United States Congress · 30 September 1985

Consumer Product Safety Amendments of 1985 - Title I: Authorization of Appropriations - Amends the Consumer Product Safety Act to authorize appropriations for FY 1986 through 1988. Title II: Consumer Product Safety Commission - Requires the Commission to employ no fewer than the full-time equivalent of 568 officers and employees. Title III: General Provisions Respecting Commission Activities - Repeals the Cellulose Insulation Safety Standards. Repeals the safety standard for swimming pool slides issued by the Consumer Product Safety Commission. Requires Commission rules to be submitted to the Congress for review. Provides that Congress may disapprove such a rule by enacting a joint resolution within 90 days. Title IV: Amusement Park Rides - Applies provisions of such Act to amusement rides which are not permanently fixed to a site. Declares that an amusement ride which is permanently fixed is not a consumer product for the purposes of promulgating safety standards or bans regarding such rides. Permits the Commission to release information from which the public can readily ascertain the identity of the amusement ride manufacturer or owner-operator. Requires immediate notification of the Commission if any amusement ride operator obtains information which reasonably supports the conclusion that the amusement ride the operator owns contains a defect and a death or serious injury occurred on such ride. Authorizes the Commission to order the repair, replacement, or refund of purchase price if it determines that an amusement ride presents a substantial product hazard and the corrective action is in the public interest. Permits the Commission to make inspections with respect to amusement rides which: (1) are not permanently fixed to a site; (2) are permanently fixed to a site if the State in which the inspection would occur does not require periodic inspection; or (3) are involved in an accident resulting in a fatality or personal injury requiring hospitalization. Requires that such inspection be commenced and completed with reasonable promptness.