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.
United States · United States Congress · 23 January 1986
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates the 14th day of June 1986 as Baltic Freedom Day. Authorizes and requests the President to submit the issue of Baltic self-determination to the United Nations.
United States · United States Congress · 19 December 1985
Pharmaceutical Export Amendments of 1986 - Amends the Federal Food, Drug, and Cosmetic Act to permit the export of certain drugs (including biological products) intended for human or animal use even though such drugs have not been approved or licensed for use in the United States. Directs the Secretary of Health and Human Services to establish and update a two-tiered list of countries with adequate governmental health authorities which in the first tier includes developed regulatory procedures and tests with experienced scientific personnel and in the second tier includes sufficient ability to assure consistency of labeling information. Permits shipments to nonlist countries if differing health conditions there make such shipments desirable, e. g. tropical diseases. Permits the export of an unapproved drug to a second tier country if such drug is approved for use in any first-tier country and not banned for use in any first-tier country. Prohibits the export of drugs denied approval on the basis of safety and efficacy or whose manufacture in the United States has been determined to be contrary to U.S. health and safety. Sets forth other criteria and restrictions on the export of such drugs, including notice requirements on shipments and notice of and opportunity to cure deficiencies in such shipments. Permits the Secretaries of Agriculture and Health and Human Services to prohibit noncomplying shipments and shipments otherwise permitted if either Secretary determines a shipment would present an imminent hazard to the public health of the recipient country. Requires the Comptroller General to report biennially to the Secretary of Health and Human Services and the Congress on the extent to which drugs unauthorized for a country are being received by such country and the extent to which labeling is consistent. Directs the Secretary to contract for a study to be submitted to the Congress within five years on the economic and international health impact of this Act. Includes conditions prevalent in a developing country among the criteria for orphan drugs.
United States · United States Congress · 18 December 1985
Amends rule XV of the Rules of the House of Representatives to prohibit the House from passing or adopting any bill or joint resolution making appropriations or providing revenue except by a rollcall vote.
United States · United States Congress · 12 December 1985
Richard M. Nixon National Historic Site Act - Authorizes the Secretary of the Interior to acquire specified California lands and establish the Richard M. Nixon National Historic Site. Requires the Secretary to list Richard M. Nixon's former law office on the National Register of Historic Places, if it meets specified criteria.
United States · United States Congress · 11 December 1985
Polygraph Reform Act of 1985 - Declares that no employer may take any action affecting the employment status of an employee or prospective employee if such action is based on the results of a polygraph examination that was not administered in accordance with the standards established by this Act. Lists areas of questioning into which polygraph examiners may not inquire. Lists the rights of the polygraph examinee, including the right to terminate the questioning at any time. Lists the qualification standards for polygraph examiners. Requires any State or local government agency wishing to develop and enforce standards for the use of polygraphs to submit such plans to the Secretary of Labor for certification. Provides that no person may conduct a polygraph examination unless such person is certified by the Secretary. Provides certain limitations for the disclosure of information obtained during a polygraph examination. States that the rights and procedures established by this Act may not be waived. Provides civil penalties for violations of this Act. Allows a person who is given a polygraph examination in violation of this Act to bring a civil suit against the polygraph examiner. Sets the maximum fine for such violations.
United States · United States Congress · 21 November 1985
Equity and Choice Act of 1985 - Amends chapter 1 (Financial Assistance to Meet the Special Educational Needs of Disadvantaged Children) of the Educational Consolidation and Improvement Act of 1981 (ECIA) (hereinafter referred to as Chapter 1) to add provisions for educational vouchers. Requires each local educational agency (LEA) to provide an educational voucher, upon parental request, to the parents of each educationally deprived child selected to participate in the LEA's Chapter 1 program. Requires each LEA to: (1) provide written notice to such parents of the options available to them under Chapter 1, including their right to obtain an educational voucher for their child; (2) afford such parents a reasonable period of time to request such vouchers; and (3) convene an annual public meeting to discuss the availability and authorized uses of such vouchers, and invite parents of all eligible children and representatives of private eligible educational institutions to such meeting. Sets forth authorized uses of such vouchers. Allows such vouchers to be used as payment toward tuition and/or to obtain compensatory services at: (1) a public school outside the child's school attendance area (if the LEA permits this); (2) a public school outside the child's district; or (3) private school. Sets forth formulas for determining the amount of such a voucher. Requires each LEA to provide regular Chapter 1 programs and projects for eligible public and private school children whose parents do not request educational vouchers from that LEA. Sets forth requirements for LEA applications for Chapter 1 assistance. Declares that such voucher payments to a private school or a public school outside the child's school district shall not constitute Federal financial assistance to the private school or that public school. Declares that the use of such funds by such private or public schools shall not constitute a program or activity receiving Federal financial assistance. Provides that such voucher payments to parents shall not be subject to Federal, State, or local income taxes. Requires that any private school eligible for such voucher payments include a statement that it does not discriminate against student applicants or students on the basis of race in any published bylaws, advertisements, admission application forms, or other published materials. Makes inapplicable to such voucher programs specified Chapter 1 provisions relating to authorized program design and description and application approval and assurances. Allows each LEA to use Chapter 1 funds to provide for transportation, on an equitable basis, to eligible children whose parents obtain vouchers and enroll such children at public schools outside their school attendance area or school district or at private schools. Makes such use of funds an administrative cost of carrying out Chapter 1 programs and projects. Sets forth provisions relating to nondiscrimination by private schools in such voucher program. Prohibits voucher payments with respect to any private school if there is in effect a judgment by a U.S. district court declaring that such school follows a racially discriminatory policy, or if a U.S. court of appeals has ordered the district court to enter such a judgment. Requires each private school, before receiving voucher payments, to file with the LEA a verified statement: (1) declaring that such school has not followed a racially discriminatory policy during the previous 12 months; (2) indicating whether such a declaratory judgment or order has been entered against the school in an action brought under this Act; and (3) attesting that the school has complied with the requirement to include a statement of nondiscrimination in its published materials. Grants the Attorney General exclusive jurisdiction to investigate and determine whether a private school is following a racially discriminatory policy. Defines "racially discriminatory policy" for purposes of this Act. Declares that a racially discriminatory policy shall not include failure of any institution to pursue or achieve any racial quota, proportion, or representation in the student body. Defines "race" to include color or national origin. Authorizes the Attorney General to have sole discretion to seek a declaratory judgment against any private school upon: (1) receipt within the previous one-year period of any allegation of discrimination against such institution; and (2) a finding of good cause by the Attorney General. Authorizes the U.S. district court for the district in which the private school is located to make a declaration with respect to whether such institution follows a racially discriminatory policy, upon the filing of an appropriate pleading by the Attorney General. Sets forth procedures with respect to such allegations, pleadings, and declarations. Authorizes the Attorney General to have sole discretion to enter into settlement agreements prior to and in lieu of filing such actions. Authorizes the court to award costs and reasonable attorneys' fees to any private school which prevails in such actions unless the court determines that the Attorney General was substantially justified. Provides for post-judgment motions for declarations that a school no longer follows a racially discriminatory policy. Sets forth technical and conforming amendments to ECIA and to specified provisions of Federal law relating to the creation of the declaratory judgment remedy.
United States · United States Congress · 20 November 1985
Telecommunications Equipment and Information Services Act of 1985 - Authorizes the Bell operating companies to provide information services (excluding electronic publishing) and to manufacture telecommunications equipment, subject to such regulations as the Federal Communications Commission may prescribe. Conditions such authority on the Commission's determination that no Bell operating company could impede competition in the information services or telecommunications equipment manufacturing businesses. Requires the Commission to include in its annual report to the Congress an assessment, providing for public comment, of the impact of this Act on employment in such businesses.
United States · United States Congress · 20 November 1985
Gold Standard Act of 1985 - Permits the Secretary of the Treasury, beginning on October 1, 1986, to issue only obligations that: (1) yield 2.5 percent annually; (2) may not be redeemed before October 1, 2026, or issued for less than a 25-year maturity; (3) are redeemable in gold Eagle coins; and (4) are known as Eagle Bonds. Requires all United States currency to be redeemable in gold Eagle coins which shall be the standard unit of value of money for the United States beginning on October 1, 1987. Directs the Secretary to: (1) mint and issue Eagle coins; (2) maintain all forms of U.S. currency and coin at a parity of value with the Eagle coin; (3) post a daily bid and ask price for gold for the period of October 1, 1986, to October 1, 1987; and (4) establish and fix the official rate of parity between the Eagle coin and the dollar as the arithmetic means between the bid price and the ask price for gold on October 1, 1987. Prohibits the Secretary from limiting the amount of gold traded at any bid or ask price.
United States · United States Congress · 20 November 1985
Designates May 25, 1986, as Hands Across America Day. Authorizes and requests the President to commend: (1) United Support of Artists for Africa for their Hands Across America project; and (2) the American people for their commitment to helping people help themselves.
United States · United States Congress · 20 November 1985
Expresses the sense of the House of Representatives that the Federal Energy Regulatory Commission should immediately withdraw its proposed rule on natural gas block billing (a substitute pricing method for natural gas).
United States · United States Congress · 14 November 1985
Prohibits the President from relinquishing or transferring to any country any land, U.S. territory, exclusive economic zone, fishery conservation zone, or any U.S. claim to such areas unless provided for in a treaty between the United States and such country. Declares that a boundary between the United States and any other country may be established only by treaty.
United States · United States Congress · 13 November 1985
Criminals' Accountability Act of 1985 - Amends Federal bankruptcy provisions to make nondischargeable any debt arising from a judgment or consent decree requiring a debtor to make restitution as a result of the commission of a crime.
United States · United States Congress · 13 November 1985
Taxpayer Protection Act - Amends the Internal Revenue Code to subject the Internal Revenue Service (IRS), in the collection of taxes, to provisions of the Fair Debt Collection Practices Act regarding communication and harassment in connection with debt collection. Prohibits the publication of any tax deficiency which has not been adjudged to be payable by a competent court. Permits individual taxpayers to bring a civil action in a U.S. district court for damages resulting from collection practices prohibited by this Act. Requires a Federal court order before property of a taxpayer may be levied upon for the collection of tax. Specifies that a showing of fraud or malfeasance or a misrepresentation, for purposes of modifying or reconsidering a closing agreement between an individual taxpayer and the Secretary of the Treasury, shall be taken into account only if such a showing or misrepresentation is determined by a competent court. Prohibits the Secretary from consenting to extend for more than one year the period for assessment of the income tax liability of any individual taxpayer. Requires the Secretary to prepare, for distribution to taxpayers, brief but comprehensive statements which set forth in nontechnical terms: (1) the rights and obligations of taxpayers during an audit; (2) the procedures which the IRS may use in enforcing revenue laws; and (3) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file taxpayer complaints. Requires a copy of such statement to accompany any tax forms sent to taxpayers. Prescribes criminal penalties for: (1) any investigation by employees of the United States in connection with Federal tax laws which inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Creates a civil cause of action for any taxpayer aggrieved by a prohibited investigation or by the deprivation of any civil rights. Permits the award of a judgment of costs, including reasonable attorney's fees, to a prevailing taxpayer in any proceeding before the Tax Court. Makes binding on the Secretary: (1) a tax return prepared for the taxpayer by an officer or employee of the IRS acting in his official capacity to provide such assistance; and (2) written information or advice given to the taxpayer by such an officer or employee acting in his official capacity. Places the burden of proof, in administrative and judicial proceedings involving the IRS and a taxpayer, upon the IRS. Directs that the property of taxpayers, for purposes of the estate and gift tax, be valued at historical cost (original cost to the taxpayer or the basis of the property if it was not purchased). Prohibits the use in IRS personnel evaluations of amounts collected pursuant to audits or investigations. Precludes the Secretary from exercising any enforcement authority over churches or certain other organizations. Prohibits the audit of any group of taxpayers unless the Secretary has first met certain notice requirements or permitted members of the group to file an amended return. Sets forth conditions which must be met by the IRS before any action is taken to interfere with the property rights of a taxpayer. Requires the IRS, before securing the records of or personal data concerning any taxpayer, to: (1) notify the taxpayer in writing of the demand, the material sought, and the need for the material; (2) have commenced an action in a competent court against the taxpayer; and (3) have justified its need before the court consistent with the discovery rules of the Federal Rules of Civil Procedure. States that the IRS shall have no authority, in enforcing the tax obligations of any person, which conflicts with rights and privileges granted under the Constitution.
United States · United States Congress · 12 November 1985
Prohibits an automobile or truck manufacturer from selling or leasing, or offering to sell or lease, any new automobile or truck in interstate commerce to any person (including an automobile dealer) during any sales period at a price which is higher than the lowest price at which any other automobile or truck of the same model, similarly equipped, is sold or leased, or offered for sale or lease, by the manufacturer during that sales period. Sets forth specified exceptions to such prohibition. Permits any person to bring an action against a manufacturer to require compliance with this Act. Declares that nothing in this Act shall repeal, modify, or otherwise affect the application of any provision of the Federal antitrust laws. Declares that no provision of this Act shall be construed to preempt or supersede any provision of State law, except to the extent that the State law is inconsistent with a provision of this Act.
United States · United States Congress · 8 November 1985
Expresses the sense of the House of Representatives that interstate natural gas pipelines should transport natural gas for any person, including residential and commercial users, and should do so on a nondiscriminatory basis.
United States · United States Congress · 6 November 1985
Social Security Trust Fund Protection Act of 1985 - Directs the Secretary of the Treasury to issue public debt obligations to the Federal Old-Age and Survivors Insurance Trust Fund, Federal Disability Insurance Trust Fund, Federal Hospital Insurance Trust Fund, Federal Supplementary Medical Insurance Trust Fund, Railroad Retirement Account, Civil Service Retirement and Disability Fund, and Department of Defense Military Retirement Fund for such terms and at such interest rates as will ensure a projected annual interest income to such funds equivalent to the income which would have been earned by those funds from public debt obligations which: (1) were redeemed on or after September 1, 1985, and on or before the date of the enactment of this Act; and (2) would not have been redeemed had the public debt limit been raised pursuant to a specified resolution of the House of Representatives. Directs the Secretary to pay to the funds the interest which would have accrued to the funds but for such non-investments, redemptions, and disinvestments. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require the Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance trust fund (OASDI trust funds) to submit an advance report to the Board of Trustees of such trust funds and to each House of the Congress of the effects on the OASDI trust funds of reaching the public debt limit. Authorizes the Managing Trustee to disinvest either trust fund only to the extent necessary to prevent a shortfall in amounts available for benefit payments. Restricts the authority of the Secretary of the Treasury to transfer specified tax revenues to the OASDI trust funds by requiring the Secretary to first determine that the balance in either trust fund would otherwise be insufficient to permit full payment of benefits for any month.
United States · United States Congress · 6 November 1985
Declares that the Congress: (1) condemns all acts of terrorism (specifically the hijacking of the Achille Lauro and the murder of Leon Klinghoffer); (2) commends the President and members of the U.S. armed forces who apprehended such hijackers and murderers; and (3) calls on all governments who have jurisdiction over such incident to insure that such perpetrators are prosecuted and punished. Declares that the Congress recommends that the President review the options and authorities under existing law for combating terrorism. Provides that, in order to increase the effectiveness of the U.S. counterterrorism efforts, the President should establish a unified policy to combat terrorism. Declares that the Congress urges the President: (1) to raise international public awareness with respect to terrorism by proposing to place this matter on the agenda of the Geneva Summit between the President and Mikhail Gorbachev, the 40th U.N. General Assembly, the International Maritime Organization, and other subsequent international meetings; and (2) to seek the acceptance by all governments that terrorism is an international crime. Urges the President to seek to establish an international coordinating committee on terrorism. Sets forth what such committee should be charged with in regard to handling such terrorism. Urges the President to propose to the Congress ways (including those proposed by the Inman Advisory Panel on Overseas Security) to improve the security of U.S. citizens abroad.
United States · United States Congress · 31 October 1985
United States Trustees Act of 1985 - Title I: Amendments to Title 28 of the United States Code - Requires the Attorney General to direct United States trustees appointed to bankruptcy cases in discharging their duties. Authorizes the Attorney General to investigate the official acts, records, and accounts of such trustees. Directs the Attorney General to appoint one U.S. trustee for each of 24 bankruptcy regions constituted of specified Federal judicial districts. Reduces a U.S. trustee's term of office from seven to four years. Subjects a U.S. trustee to removal by the Attorney General without cause. Eliminates the 90-day limitation on service by an acting U.S. trustee. Permits the Attorney General to authorize a U.S. trustee designated to serve in more than one region to remain at his or her original official station. Limits the maximum annual compensation for a person appointed as standing trustee in individual debt bankruptcy cases to step 1 of grade GS-16, generally, and up to step 6 of grade GS-16 if such person has significantly decreased actual expenses resulting in a decrease of his or her percentage fee. Authorizes the use of interest earned from the deposit of payments under plans in the cases for which such person serves to pay such person's actual, necessary expenses, without limitation, if the Attorney General approves. Increases the maximum annual salary of a U.S. trustee to the rate of basic compensation for level IV of the Executive Schedule. Repeals the rulemaking authority of the Director of the Administrative Office of the United States Courts. Increases the filing fees required to commence bankruptcy cases to $100 for individual debt and liquidation cases and $500 for reorganization cases. Requires a debtor to pay $400 to convert an individual debt or liquidation case to a reorganization case. Prescribes the portions of such fees to be transmitted to the Treasury by the clerk of the court. Prescribes monthly charges to be paid as administrative expenses to U.S. trustees in reorganization cases. Directs the U.S. trustees to transmit charges received to the Treasury. Allows the Attorney General to increase such fees and charges based on the amount necessary for repayment to the Treasury of amounts appropriated for the U.S. trustee system. Title II: Amendments to Title 11 of the United States Code - Authorizes the bankruptcy court in an involuntary liquidation case to order the U.S. trustee to appoint an interim trustee. (Currently, the court makes such an appointment.) Authorizes the appropriate U.S. trustee to raise, appear, and be heard on any issue in any bankruptcy case or proceeding. Provides that the U.S. trustee for the judicial district in which a case is pending is eligible to serve as trustee in such case. Provides that the U.S. trustee qualifies whenever he or she serves in a bankruptcy case. Requires the appropriate U.S. trustee (currently, the court) to determine the amount of, and sufficiency of the surety on, a bond required to be filed by an individual in order to qualify as a trustee in a bankruptcy case. Prohibits the court from removing a U.S. trustee. Permits a U.S. trustee to remove: (1) a trustee in an individual debt or reorganization case by filing with the court a notice of the appointment of a successor trustee; and (2) a trustee or an examiner in a liquidation case after notice and a hearing, unless the court orders otherwise. Prohibits compensation for service or reimbursement of expenses of U.S. trustees or standing trustees in individual debt bankruptcy cases. Requires any compensation paid to a U.S. trustee serving as trustee in a bankruptcy case to be paid to the Treasury. Prohibits a trustee in a liquidation or reorganization case from employing a professional person who represents or is employed by a creditor, if the U.S. trustee objects. Requires the U.S. trustee to convene and preside at a meeting of creditors after an order for relief has been filed in a bankruptcy case. Permits the U.S. trustee to examine the debtor at such meeting. Authorizes the U.S. trustee (currently, the court) to order a meeting of any equity security holder. Permits a U.S. trustee to aggregate money of estates for which he or she serves as trustee for deposit or investment in order to increase earnings. Provides for the appointment of original, interim, and successor trustees for liquidation cases by U.S. trustees. (Currently, the court has such authority.) Requires a trustee in a liquidation case to file reports on the operation of a debtors' business and the administration of the debtor's estate with the appropriate U.S. trustee. Permits a creditors' committee to consult with, and make recommendations to, the U.S. trustee concerning the performance of the trustee's duties. Authorizes a court to dismiss: (1) a voluntary liquidation case if the debtor fails to file information on his or her financial affairs within 15 days after filing the petition commencing the case; and (2) a liquidation case if the debtor fails to file his or her intentions for property securing consumer debts within the prescribed period. Grants a U.S. trustee the same rights and responsibilities as a trustee in the discharge of a liquidation case. Provides for the appointment of committees of creditors and equity security holders in reorganization cases by the appropriate U.S. trustee. (Currently, the court has such authority.) Authorizes the U.S. trustee to request the appointment of a trustee or examiner and the termination of the trustee's appointment to such a case. Directs the U.S. trustee (currently, the court) to appoint any successor trustee or examiner. Permits a court to dismiss a reorganization case or to convert such a case to a liquidation case at the request of a U.S. trustee. Includes as cause for dismissal the (1) nonpayment of court fees; (2) failure of a debtor in a voluntary case to file information on his or her financial affairs within 15 days after filing the petition commencing the case; and (3) failure of a debtor to file his or her intention for property securing consumer debts within the prescribed period. Provides for the appointment of a standing trustee or the designation of a trustee in an individual debt bankruptcy case by the appropriate U.S. trustee. (Currently, the court has such authority.) Permits the U.S. trustee to serve as such trustee. Permits a court to dismiss an individual debt case or to convert such a case to a liquidation or reorganization case at the request of a U.S. trustee. Includes as a cause for dismissal the failure of a debtor to file: (1) information on his or her financial affairs within 15 days after the filing of the petition commencing the case; or (2) his or her intentions for property securing consumer debts within the prescribed period. Title III: Transition and Repealer - Repeals provisions that would repeal specified provisions providing for the appointment, compensation, staff, and termination of U.S. trustees as of September 30, 1986. Sets forth technical amendments providing for transition to the United States trustee system established by this Act. Title IV: Authorization for Appropriations for Bankruptcy Administration - Authorizes appropriations to carry out this Act. Requires the use of bankruptcy filing fees to reimburse the Treasury for such appropriations. Title V: The Rules of Bankruptcy Procedure - Provides that Part X of the Rules of Bankruptcy Procedure shall apply in any district in which a U.S. trustee is serving until such part is superseded by Rules of Bankruptcy Procedure as prescribed by the Supreme Court.
United States · United States Congress · 31 October 1985
Anti-Terrorism Trade Preference Act of 1985 - Directs the Secretary of State to identify and publish the name of each country that repeatedly supports acts of international terrorism. Requires the Secretary to provide the Congress with a list of such countries annually. Imposes the following sanctions on countries identified as supporting international terrorism: (1) termination, withdrawal, or suspension of any treaty that relates to most-favored-nation treatment of such country; (2) denial of most-favored-nation treatment and imposition of column 2 tariff rates on imports from such countries; (3) non-application of the Generalized System of Preferences on imports from such countries; and (4) non-application of the provisions of the Caribbean Basin Economic Recovery Act with respect to the products of such countries. Authorizes the President to waive such sanctions if it would be in the best interests of the United States. Directs the President to notify the Congress 30 days before any such waiver takes effect.
United States · United States Congress · 30 October 1985
Makes it a Federal offense, punishable by imprisonment for not more than ten years, for any person with acquired immune deficiency syndrome (AIDS) or with a high risk of acquiring such deficiency syndrome to intentionally donate blood.
United States · United States Congress · 30 October 1985
Prohibits Federal financial assistance to any hospital which denies a physician, nurse, or other health care delivery personnel the opportunity to wear protective garments while dealing with patients with acquired immune deficiency syndrome(AIDS).
United States · United States Congress · 30 October 1985
Declares that no hospital or other health care facility may receive Federal funds if it knowingly permits a physician, dentist, nurse, or other health care delivery personnel who has acquired immune deficiency syndrome (AIDS) to practice in the hospital facility.
United States · United States Congress · 30 October 1985
Prohibits Federal financial assistance to any city, town, or political jurisdiction which permits the operation of a public bath which is hazardous to the public health or is used for sexual relations between males.
United States · United States Congress · 30 October 1985
Expresses the sense of the Congress that public elementary and secondary schools should: (1) not permit students with acquired immune deficiency or acquired immune deficiency related complex to attend classes; and (2) make alternative arrangements for such students to receive education.
United States · United States Congress · 29 October 1985
Expresses the sense of the House of Representatives that the antitrust enforcement policy guidelines stated in "Vertical Restraints Guidelines" published by the Department of Justice on January 23, 1985: (1) are not an accurate expression of the Federal antitrust laws or of congressional intent for the application of such laws to vertical restraints of trade; (2) should not be accorded any force of law or be treated by U.S. courts as binding or persuasive; and (3) should be recalled by the Attorney General.
United States · United States Congress · 23 October 1985
Authorizes the President to provide military assistance to the National Union for the Total Independence of Angola (UNITA). Authorizes appropriations for such purpose for FY 1986.
United States · United States Congress · 22 October 1985
Expresses the sense of the Congress that the President should: (1) declare a national emergency with respect to acts of terrorism directed against U.S. citizens and property; (2) investigate and determine the extent of assets held in the United States by organizations responsible for such terrorism; and (3) prohibit transactions involving such assets in accordance with the International Emergency Economic Powers Act.
United States · United States Congress · 10 October 1985
States that a person shall be considered an American national if such person completes 15 years of lawful continuous residence in the United States or American Samoa, and one of his or her parents was a national of the United States and a resident of the United States or American Samoa at the time of that person's birth.
United States · United States Congress · 8 October 1985
Trade Partnership Act - Title I: International Trade - Directs the President to establish the Commission on Trade which shall: (1) evaluate existing U.S. trade laws and policies; (2) develop recommendations on monetary and fiscal policies for the United States and its chief trading partners; (3) evaluate the export financing practices of major trading partners and of international agencies; and (4) review existing trade agreements to assess their effect on U.S. long-term trading interests. Requires the Commission to report its findings and recommendations to the President and to the Congress. Expresses the sense of the Congress that the President should evaluate such findings and recommendations and take into account the results of an international monetary conference to determine the propriety of convening a summit conference on international trade in order to develop changes in international trade and monetary practices. Expresses the sense of the Congress that the President should call for an international monetary conference to develop: (1) options for reforming institutional mechanisms in order to decrease the disparity among, and to prevent dramatic fluctuations in the value of, the currencies of the major economic powers; and (2) means for reducing interest rates, promoting national and world economic growth, assuring price stability, and promoting higher levels of international trade. Expresses the sense of the Congress that the President should initiate multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade (GATT) in order to: (1) resolve the issues not resolved in earlier negotiations; (2) develop multilateral disciplines in those areas where trade problems have emerged or are becoming more acute; (3) focus on improving the dispute settlement mechanisms of the GATT; (4) place a high priority on bringing developing countries into full participation in the international trading community; (5) ensure that all developed countries share equally the responsibility for advancing the economies of developing countries; and (6) increase efforts to bring countries now outside the GATT under accepted multilateral disciplines governing trade. Directs the President to begin negotiations immediately if Canada requests the negotiation of a trade agreement that provides for the elimination or reduction of any duty imposed by the United States. Directs the U.S. Trade Representative (USTR) to review the bilateral relationships between the United States and its major trading partners in order to determine those countries that offer the most potential for the establishment of free trade areas with the United States. Sets forth factors to be considered in making such review. Authorizes the President, during the year following enactment of this Act, to negotiate with Japan on a trade agreement under which the United States will permit the exportation to Japan of Alaskan petroleum and natural gas in return for substantial concessions by Japan regarding the importation into Japan of agricultural products, wood products, and other kinds of export products that are important to the United States. Amends the Trade Act of 1974 to transfer to the USTR specified functions relating to import relief that are currently performed by the President. Directs the President to review the USTR's determination on whether to provide import relief and what form such relief should take. Requires the President to complete such review within 15 days of receiving the USTR's determination. Directs the President to notify the Congress of the President's decision and of the USTR's determination. Directs the USTR to take action to implement the import relief which the USTR decided to provide if the President concurs in the USTR's decision. Directs the USTR to take action to implement the President's decision on import relief if it differs from the USTR's decision and no joint resolution disapproving the President's decision is enacted. Directs the USTR to order the implementation of the import relief recommended by the International Trade Commission if the decision of the President differs from the decision of the USTR and a joint resolution disapproving the President's decision is enacted. Authorizes interim relief after a petition for import relief is filed if the USTR determines that: (1) it is likely that the article is being imported in such increased quantities as to be a substantial cause of serious injury or threat thereof to the competing domestic industry; and (2) the absence of such interim relief would result in irreparable harm to the domestic industry. Authorizes emergency relief from imports of perishable products (other than perishable products from a beneficiary country under the Caribbean Basin Economic Recovery Act) after a petition for such relief is filed if the USTR, after consultation with the Secretary of Agriculture, decides that: (1) there is a reasonable indication that the perishable product is being imported in such increased quantities as to be a substantial cause of serious injury, or threat thereof, to the competing domestic industry; and (2) emergency action is warranted. Directs the USTR, upon deciding to grant interim relief or emergency relief, to: (1) determine the method and extent of such relief; (2) notify the President of such decision; and (3) unless the President decides within 15 days that such relief is not in the national economic interest, order the Commissioner of Customs to impose such relief. Declares that such relief may consist of tariff increases or import limitations. Provides for the termination of such relief. Directs the USTR to order the Commissioner of Customs to implement actions necessary to enforce U.S. rights under any trade agreement if: (1) the President and the USTR agree on the appropriate action; or (2) the President differs with the USTR on the appropriate action but a joint resolution disapproving such action is not enacted. Reduces the number of days from 21 to 15 between the President's receipt of the USTR's recommendation of appropriate action and the President's decision on what action is appropriate. Requires the President to determine during such 15 day period if: (1) the President concurs in the USTR's recommendation; or (2) it is in the national economic interest not to take any action or to take action different from the action determined by the USTR. Requires the President to notify the Congress of such decision. Provides that if 90 days after the Congress receives notice of such decision no joint resolution is enacted disapproving it then such decision shall take effect. Reduces the amount of time the USTR may take to make a recommendation on a petition for enforcement of U.S. trade rights. Sets forth the actions the USTR may recommend to the President based on such petition. Directs the USTR to include in the annual report to the Congress on foreign barriers to market access an analysis and assessment of the overall reciprocity accorded U.S. products, services, and investment by each of the major trading partners of the United States and the impact on major U.S. product sectors of the failure to provide reciprocity. Requires specified congressional committees, within 90 days of receiving such report, after consultation with the USTR and conducting public hearings, to issue a joint report on: (1) the priorities for negotiations regarding reducing or eliminating trade barriers; and (2) the committees' recommendations on actions to enforce U.S. trade rights. Directs the Secretary of Labor to pay to private firms 80 percent of the cost of providing job training if the training is certified as trade readjustment training and if the trainees are not charged for the training. Extends the job training, job search, and job relocation allowance provisions of the trade adjustment assistance programs through October 1, 1987. Amends the Trade Expansion Act of 1962 to set a one year deadline for the President to take action on the advice of the Secretary of Commerce on imports that are suspected of impairing national security. Amends the Tariff Act of 1930 to reduce the time limit for decisions by the International Trade Commission on allegations of unfair practices in import trade from one year (18 months in more complicated cases) to eight months (ten months in more complicated cases). Declares that the USTR should expedite the issuance of notices requesting the negotiation of periodic adjustments to the bilateral limitations on shipments of textiles and apparel contained in the Multi-Fiber Arrangement. Directs the Commissioner of Customs to: (1) increase the number of inspectors, import specialists, and customs patrol officers in the Customs Service by at least 800; (2) implement the Automated Commercial System at all ports of entry; and (3) implement a program for detecting, investigating, and prosecuting patent and copyright infringement cases. Requires the Commissioner to report quarterly to specified congressional committees on the operation and effect of the patent and copyright infringement program. Imposes a penalty for multiple customs law offenders who import or attempt to import merchandise during the three years following the date of the third of the offenders' convictions. Title II: Protection of Patents and Transfer of Technology - Part A: Protection of Patents - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Places the burden of proof upon the party asserting that a product was not produced with the patented process in an infringement action where the court finds a substantial likelihood that the product was so produced and the claimant has exhausted all means of discovery. Part B: Transfer of Technology - Federal Laboratory Technology Utilization Act of 1985 - Authorizes Federal agencies to permit their laboratories to enter into cooperative research and development arrangements with other Federal, State, and local agencies, universities, industrial organizations, or other persons including licensees of inventions owned by the Federal agency or general partners of research and development limited partnerships. Permits such laboratories to exchange funds, services, and property with collaborators, grant such collaborators patent licenses or assignments, waive Federal ownership of inventions made by a collaborator, and negotiate licensing agreements for federally owned inventions. Sets forth a formula for the distribution of royalties or other income received by such laboratories from the licensing of cooperatively produced inventions to Federal agency employee inventors, the laboratories themselves, and the Treasury. Requires affected Federal agencies to report annually to the appropriate congressional committees on the income from and distribution of royalties. Directs the Secretary of Commerce to provide procedures, training, and advice to Federal laboratories on recognizing the commercial potential of new technologies and inventions. Requires the Secretary to report biannually to the President and the Congress on Federal agency participation in this program. Makes it the policy of the Government to encourage the commercialization of inventions by Federal or former Federal employees made by them during their Federal employment and exempts such efforts from otherwise applicable violations. Permits such an employee to retain title to an invention (subject to retention by the Government of a nonexclusive license) unless the agency intends to file a patent application itself in order to promote commercialization. Sets forth other permissible conditions on such an inventor's title. Part C: Protection of Proprietary Information - Exempts commercial and financial information that is proprietary or sensitive from the sunshine provisions applied to Federal agencies if the proprietor is notified of the request for release of the information and given 60 days to present arguments on why the information should be exempt. Title III: Export Promotion - Amends the Bank Holding Company Act of 1956 to increase, from five percent to ten percent, the percentage of shares that: (1) a bank holding company may hold in an export trading company; and (2) an Edge Act corporation may hold in an export trading company from five to ten percent. Increases the amount of credit that a bank owning stock in a bank holding company with investments in an export trading company may extend to an export trading company. Amends the Export Trading Company Act of 1982 to direct the Board of Directors of the Export-Import Bank to try to insure that a "significant share" (currently a "major share") of any loan guarantees ultimately serves to promote exports from small, medium-size, and minority businesses or agricultural concerns. Requires the Board to report to the Congress on implementation of such requirement within one year of its effective date. Directs the Secretary of the Treasury to develop a program consisting of mixed credit financing for exports to compensate for the effects of subsidized financing by U.S. trading partners. Declares that the Export-Import Bank should expand its promotion programs for small- and medium-sized banks. Amends the Federal Reserve Act to give Edge Act corporations the same discount and borrowing privileges as Federal Reserve banks. Repeals the limitation on bank investments in Edge Act corporations. Directs the Board of Governors of the Federal Reserve System to require periodic reports from every corporation of the total amount of capital stocks and paid up surplus of the corporation, the name of any stockholder who holds more than ten percent of the shares of the stock of such corporation, and the share holdings of such stockholder. Directs the U.S. Executive Director of each of the multilateral development banks to promote procurement opportunities relating to the assistance provided by such banks in recipient countries for U.S. firms. Sets forth actions the Executive Directors should take with respect to such opportunities. Declares that the Secretary of Commerce should continue to assign one foreign commercial service officer to the office of the U.S. Executive Director of the International Bank for Reconstruction and Development. Directs the Secretary of Commerce to assign such an officer on a part-time basis to each of the offices of the U.S. Executive Director of the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank. Requires the U.S. Ambassadors to those countries that are important trading partners of the United States to report annually to the President and to the Congress on their efforts to help U.S. industries in expanding export sales to, and improving their market positions in, such countries. Authorizes the seven Bell operating companies, effective September 1, 1986, to manufacture telecommunications equipment and customer premises equipment in the United States if specified conditions are met. Title IV: Foreign Corrupt Practices - Business Accounting and Foreign Trade Simplification Act - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Prohibits imposing criminal liability for failing to maintain such an accounting system. Prohibits imposing civil injunctive relief with respect to: (1) an issuer who fails to maintain the required accounting system if the issuer tried in good faith to meet the requirements; or (2) any person other than an issuer in connection with an issuer's failure to comply with such requirements, unless such person knowingly caused the issuer to fail to comply. Prohibits anyone from knowingly circumventing such an accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Securities and Exchange Commission to the Department of Justice jurisdiction to enforce the bribery prohibitions of the FCPA with respect to issuers. Revises the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made "directly or indirectly" to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments to such officials that are lawful under the foreign country's laws; (3) payments which constitute tokens of regard or esteem; (4) expenditures associated with selling, purchasing, or demonstrating goods; or (5) ordinary expenditures associated with performing a contract with a foreign government. Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act. Prohibits prosecution of a domestic concern or specified agents of such concern for violating the Federal mail or wire fraud provisions by making a payment to a foreign official if the prosecution is based on the theory that the official, by receiving the payment, violated a duty to or defrauded the foreign government or the citizens of a foreign country. Authorizes the Attorney General to issue guidelines specifying: (1) permissible conduct associated with common types of export sales arrangements; and (2) precautionary procedures which would create a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the opinion states that the conduct does not involve a violation. Directs the Attorney General to protect the confidentiality of materials submitted in the review procedure. Requires annual reports to the Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Title V: Related Tax Provisions - High Technology Research and Scientific Education Act of 1985 - Part A: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Part B: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses, and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporation's R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 2 October 1985
Authorizes the President to make available to the noncommunist resistance forces in Mozambique up to $5,000,000 for each of FY 1986 and 1987 out of the funds authorized for military assistance and for the Economic Support Fund. Directs the President to suspend all economic and military aid to the Mozambique Government. Terminates such suspension if the President determines that free and fair elections have been held in Mozambique.
United States · United States Congress · 26 September 1985
National Adoption Information Clearinghouse Act of 1985 - Amends title X (Population Research and Voluntary Family Planning Programs) of the Public Health Service Act to direct the Secretary of Health and Human Services to establish a National Adoption Information Clearinghouse to: (1) collect and synthesize data and information concerning all aspects of infant adoption and adoption of children with special needs; (2) compile, maintain, and revise directories of information; and (3) disseminate information regarding adoption.
![Official portrait of Rep. Dannemeyer, William E. [R-CA-39]](https://www.congress.gov/img/member/d000044_200.jpg)