United States · United States Congress · 12 December 1985
Amends the Rules of the House of Representatives to establish Rule LI to prohibit Representatives, officers or employees of the House from knowingly soliciting political contributions from officers or employees of the United States. Prohibits such solicitation in any office or building of the House. Declares such prohibitions inapplicable to solicitations between Members of Congress.
United States · United States Congress · 10 December 1985
Calls upon the President to direct the Agency for International Development to work in a global effort to provide universal access to childhood immunization by 1990 by: (1) assisting in the delivery, distribution, and use of vaccines; and (2) performing and supporting research and development activities that will be targeted at developing new vaccines and at modifying existing vaccines to make them more appropriate for use in developing countries. Declares that the President should appeal to the public to provide the necessary resources to achieve universal access to childhood immunization by 1990. Amends the Foreign Assistance Act of 1961 to increase the authorization of appropriations for FY 1987 for the Child Survival Fund.
United States · United States Congress · 9 December 1985
Tax Fairness and Reform Act of 1985 - Redesignates the Internal Revenue Code of 1954 as the Internal Revenue Code of 1985. Title I: Individual Income Tax Provisions- Subtitle A: Rate Reductions; Increase in Standard Deduction and Personal Exemptions - Reduces the tax rates and consolidates the tax brackets into four brackets, consisting of a 15 percent, a 25 percent, a 35 percent, and a 37 percent tax bracket. Requires the Secretary of the Treasury (Secretary) to prescribe tax tables annually which will provide for a cost-of-living adjustment to prevent any tax increases resulting from inflation. Increases the amounts of the standard deduction to: (1) $4,600 for joint returns or surviving spouses; (2) $4,026 for head of households; (3) $2,828 for single individuals; and (4) $2,300 for married individuals filing separate returns. Provides for an annual inflation adjustment to be made to the standard deduction. Provides certain rules for the standard deduction. Allows an additional amount for the aged and the blind. Raises the personal exemption amount to $2,000. Provides for an annual inflation adjustment for years after 1986 for the amount of the personal exemption. Provides that the exemption deduction shall not reduce tax by an amount exceeding 25 percent of the exemption amount. Phases out the exemption for taxpayers whose taxable income exceeds $100,000. Makes certain technical amendments. Subtitle B: Provisions Related to Tax Credits - Increases the earned income credit percentage to 14 percent and the maximum dollar limitation of earned income to which the percentage applies to $7,143. Increases the income level at which the earned income credit is phased out. Repeals the tax credit for contributions to candidates for public office. Makes certain other technical amendments pertaining to various tax credits. Subtitle C: Provisions Related to Exclusions - Allows a $5,000 limit on the exclusion of amounts received by an employee for dependent care assistance. Requires unemployment compensation to be included in the gross income of an individual. Provides that gross income does not include any amount received as a qualified scholarship grant by an individual who is a candidate for a degree at an educational organization. Sets forth other rules and limitations relating to scholarship grants and tuition reduction arrangements. Provides that employee gifts are not excludible from gross income. Subtitle D: Provisions Related to Deductions - Repeals the deduction for two-earner married couples. Provides that miscellaneous itemized deductions shall be allowed for the taxable year only to the extent that the aggregate of such deductions exceeds one percent of adjusted gross income. Permits the costs paid in connection with the administration of an estate or trust to be allowed as a deduction in computing the adjusted gross income of the estate or trust. Provides that nonreimbursed business expenses of employees are subject to the one percent floor on deductions. Makes permanent the charitable deduction for individuals who do not itemize deductions. Repeals the deduction for adoption expenses. Provides certain dollar limitations on the amount of consumer interest which may be deducted during the taxable year. Prohibits the deduction of any consumer interest on a loan incurred or continued for purchase of a foreign car. Repeals the deduction for State and local sales taxes and personal property taxes. Provides for an overall limitation on the aggregate amount of itemized deductions other than deductions for charitable contributions and qualified residence interest. Subtitle E: Miscellaneous Provisions - Repeals the income averaging provisions for figuring tax liability. Imposes certain additional restrictions and limitations on the allowance of deductions for meals, travel, and entertainment business expenses. Modifies the rules relating to the treatment of hobby loss deductions. Allows the deduction for mortgage interest and real property taxes in those cases where a parsonage allowance or military housing allowance is received. Requires certain information reporting with respect to income taxes and real and personal property taxes. Repeals the checkoff for the presidential election campaign fund contribution. Subtitle F: Effective Dates - Sets forth the effective dates for the provisions of this title. Title II: Capital Income Provisions - Subtitle A: Depreciation Provisions - Repeals the accelerated cost recovery system of depreciation and replaces such system with the incentive depreciation system for tangible property. Sets forth various rules and procedures for the operation of the incentive depreciation system. Modifies the recapture of depreciation rules relating to the gain from disposition of certain depreciable realty. Sets forth the effective dates for the new depreciation provisions, and various transitional rules. Subtitle B: Regular Investment Tax Credit - Provides that the regular investment tax credit percentage shall be five percent and shall apply only to qualified domestically produced property. Sets forth certain exceptions to this requirement. Subtitle C: Changes in Certain Rapid Amortization Provisions - Repeals the five-year amortization period for trademark and trade name expenditures. Makes permanent the depreciation deduction for expenditures to rehabilitate low-income housing. Increases to $30,000 the amount of expenditures per dwelling unit which may be taken into account in the depreciation of the expenses over the 60-month period. Subtitle D: Other Capital Related Costs - Extends the termination of the tax credit for increasing research activities for three years. Reduces the amount of the credit to 20 percent. Reduces to 20 percent the research credit for basic research payments to colleges, universities, and certain research organizations. Sets forth certain definitions and special rules relating to payments for basic research. Makes modifications in the rules concerning the investment tax credit for rehabilitation expenditures. Subtitle E: Capital Gains and Losses - Retains the maximum 20 percent capital gains tax. Retains the maximum 32 percent tax on commodity future contract gains. Establishes provisions for the indexing of certain assets for purposes of determining gain or loss. Sets forth such procedures. Repeals the provisions relating to the disposal of coal or domestic iron ore with a retained economic interest therein. Subtitle F: Provisions Relating to Oil and Gas - Modifies the percentage depletion percentages for independent producers and royalty owners. Disallows the use of percentage depletion with respect to lease bonus amounts. Phases out the allowance of percentage depletion deductions with respect to geothermal deposits. Allows an exemption from the windfall profits tax for certain crude oil exchanged for residential fuel oil. Makes permanent the reduced excise tax rate on fuel used by taxicabs for providing taxicab services. Subtitle G: Treatment of Hard Minerals - Reduces the percentage depletion deduction with respect to certain hard minerals. Sets forth rules pertaining to the tax treatment of development and mining exploration expenditures. Title III: Corporate Provisions - Subtitle A: Corporate Rate Reductions - Reduces the tax rates on corporate income and establishes three tax brackets ranging from 15 percent to 33 percent, with the middle bracket being 25 percent. Requires an additional amount of tax where the taxable income of the corporation is in excess of $100,000. Provides for a phasein of the reduction in the tax rates during the period from 1986 through 1990. Provides for an alternative tax for corporations which have a net capital gain for any taxable year. Computes this tax by computing the sum of the tax on the taxable income reduced by the net capital gain, plus 28 percent of the pre-1986 net capital gain, plus the applicable percentage of timber, iron, or coal capital gain, plus 33 percent of the net capital gains. Reduces the dividend received deduction over a period of years from 1986 through 1991. Reduces the dividend received deduction percentage over this period from 85 percent to 75 percent. Repeals the partial exclusion of dividends received by individuals. Prohibits the deduction of expenses incurred by a corporation in connection with the redemption of its stock. Subtitle B: Limitation on Net Operating Loss Carryforward and Excess Credit Carryforwards - Provides a limitation of net operating loss carryforwards. Sets forth rules and procedures for computing such limitation on net operating loss carryforwards. Establishes special limitation on certain excess credits for certain taxable years. Subtitle C: Recognition of Gain and Loss on Distributions of Property in Liquidation - Requires the recognition of gain or loss to a corporation on the distribution of property in complete liquidation as if such property were sold to the distributee at fair market value except for certain corporate liquidations. Provides certain exceptions to this rule of recognition of gain or loss. Provides for the nonrecognition of gain or loss on the sale or exchange of property by a corporation in certain types of liquidation proceedings. Sets forth rules and exceptions for such nonrecognition treatment. Provides certain technical amendments regarding the liquidation provisions. Sets forth effective dates for these provisions relating to gain or loss recognition in liquidations. Subtitle D: Real Estate Investment Trusts - Makes modifications in the rules affecting a real estate investment trust's (REIT) earnings and profits under the depreciation provisions. Exempts REITs from the special rules relating to corporate tax preference items. Expands the types of sales which may be made by a REIT without the imposition of the 100 percent prohibited transaction tax. Modifies the rule relating to the exclusion of amounts received with respect to rental property that a REIT operates other than through an independent contractor. Makes changes in the standards for disqualifications of a REIT as a personal holding company. Permits a REIT to have a wholly owned subsidiary. Modifies the present rules relating to REITs which disqualify income in the form of rents or interests based on net income or profits of the tenant or borrower. Makes changes in the rule regarding the payment of capital gain dividends by REITs that have net operating loss carryovers from prior years. Permits net losses from prohibited transactions to be taken into account in computing a REITs taxable income. Requires the special notice for capital gains dividends to be mailed to the Secretary within 45 days after the close of the REITs taxable year. Makes modifications in the tax penalty imposed on a REIT involved in making a deficiency dividend distribution due to an adjustment of the REITs taxable income. Excludes from the REIT distribution requirements non-cash income recognized by a REIT under certain deferred payment and installment sales rules added by the Deficit Reduction Act of 1984. Excludes from the REIT distribution requirements the income recognized by a REIT upon a determination that an exchange of real property failed to qualify for nonrecognition of gain as like-kind property. Title IV: Tax Shelters - Extends the at-risk limitation rules to real property. Limits the amount of the deduction for investment interest for taxpayers, other than corporations, to $10,000 plus the net investment income for the taxable year. Permits the carryover of disallowed investment interest to succeeding taxable years. Sets forth special rules and definitions relating to the limitation on the deduction of investment interest. Title V: Alternative Minimum Tax - Subtitle A: General Provisions - Makes modifications in the alternative minimum tax provisions of the Code. Provides that the alternative minimum tax is determined to be the excess of the tentative minimum tax amount over the regular tax for the taxable year. Computes the tentative minimum tax by multiplying the alternative minimum taxable income as exceeds the exemption amount by 22.5 percent (20 percent in the case of a corporation), reduced by the alternative minimum tax foreign tax credit. Sets the exemption amounts for taxpayers, other than corporat: ions, at: (1) $30,000 for a joint return; (2) $25,000 for singles and surviving spouses; and (3) $15,000 for married people filing separately. Reduces the exemption for taxpayers with a taxable income in excess of $175,000. Allows corporations an exemption amount of $40,000. Sets forth special rules and definitions relating to the alternative minimum tax. Subtitle B: Treatment of Existing Carryforwards of Steel Companies - Provides an effective 15-year carryback of existing unused business credit carryforwards of steel companies. Provides that the existing carryforwards of qualified corporations may offset 75 percent of the minimum tax of the corporation. Establishes a $300,000,000 limit on the carryforward amounts which may be used. Sets forth certain definitions. Title VI: Foreign Provisions - Subtitle A: Modification in Regulations Allocating Research and Experimental Expenditures - Establishes a two year modification in regulations providing for allocation of research and experimental expenditures. Subtitle B: Possessions Tax Credit Changes - Makes certain modifications in the possession tax credit provisions. Subtitle C: Tax Treatment of Possessions - Part I: Permits Guam, American Samoa, and the Northern Mariana Islands to enact revenue laws. Requires the existence of certain implementing agreements providing for measures which alleviate certain problems relating to tax administration. Excludes from the gross income of a bona fide resident of Guam, American Samoa, and the Northern Mariana Islands the income derived from or effectively connected with such possessions. Modifies the definition of controlled foreign corporation for purposes of corporations organized in Guam, American Samoa, or the Northern Mariana Islands. Modifies the withholding requirements with respect to a corporation created or organized in Guam, American Samoa, the Northern Mariana Islands, or the Virgin Islands. Part II: Treatment of the Virgin Islands - Provides for the coordination of the United States and the Virgin Islands individual income tax provisions. Permits Virgin Islands corporations to use the possession tax credit. Part III: Cover Over of Income Taxes - Provides that the net collection of taxes for each taxable year with respect to certain individuals shall be covered into the Treasury of the possession (Guam, American Samoa, the Northern Mariana Islands, or the Virgin Islands) of which such individual is a bona fide resident. Provides for transfers of other amounts to these possessions with respect to military personnel and certain employees of the United States. Part IV: Effective Date - Sets forth the effective date for these provisions relating to Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands. Subtitle D: Excise Tax on Certain Broadcast for Olympic Events - Imposes an excise tax of ten percent on amounts paid for United States television and radio broadcast rights for Olympic events. Sets forth special rules and definitions pertaining to this special excise tax. Establishes within the Treasury the United States Olympic Trust Fund. Provides that the amounts collected from the special excise tax, less any administrative expenses relating to such tax, shall be transferred to the Trust Fund. Subtitle E: Excise Tax on Insurance Premiums Paid to Foreign Insurers - Imposes a four percent excise tax on certain insurance policies, indemnity bonds, annuity contracts or policies of reinsurance issued by foreign insurer. Provides for the withholding of such excise tax by the insured or withholding agent on policies issued by the insured or withholding agent on policies issued by a foreign insurers. Sets forth certain definitions and special rules. Subtitle F: Treatment of Certain Employees of Panama Canal Commission - Provides that nothing in the Panama Canal Treaty shall be construed as exempting any citizen or resident of the United States from income tax of the United States. Permits the exclusion of certain allowances by employees of the Panama Canal Commission stationed in Panama. Title VII: Tax-Exempt Bonds - Modifies the definition of arbitrage bonds with respect to the acquisition of annuity contracts. Provides for the treatment of tax increment bonds issued before January 1, 1986. Title VIII: Financial Institutions - Prohibits large banks (banks where the average adjusted bases of all assets of such bank exceeds $500,000,000) from taking the deduction for additions to a reserve for bad debts. Sets forth special rules and definitions. Requires the pro rata allocation of interest expenses of financial institutions with respect to the interest expenses which are allocable to tax-exempt interest. Sets forth certain definitions and special rules. Terminates the special ten-year carryback rules with respect to certain financial institutions on January 1, 1986. Repeals the special reorganization rules with respect to financial institutions. Provides that losses resulting from the loss on an individual's deposit in a qualified financial institution as a result of bankruptcy or insolvency of such institution shall be treated as a casualty loss. Title IX: Accounting Provisions - Subtitle A: General Provisions - Permits an eligible small business to use the simplified dollar-value method of pricing inventories for purposes of the LIFO method of accounting. Sets forth special rules and definitions with respect to the simplified dollar-value method of pricing. Requires that the taxable income of a "C corporation" or a partnership which has a "C corporation" partner must be computed under an accounting method other than the cash receipts and disbursement method of accounting. Sets forth certain exceptions to this rule and provides special rules and definitions. Requires the recognition of gain on pledges of certain installment obligations. Excepts certain sales of particular capital assets. Provides special rules and definitions. Requires income related to a long-term contract to be determined under the percentage of completion method of accounting. Requires, upon completion of the contract, the taxpayer to pay (or be entitled to receive) interest computed under the "look-back" method. Establishes the "look-back" method for computing the interest costs. Sets forth certain definitions, exceptions, and special rules. Requires any taxpayer who produces real or personal property to capitalize the following cost: (1) the direct cost of such production; and (2) such production's proper share of those indirect costs (including taxes), part or all of which are assignable to such production. Provides exceptions to the general rule of capitalization of costs for certain activities. Sets forth certain definitions and special rules relating to capitalization of production costs. Repeals the reserve for bad debt deduction of taxpayers other than financial institutions. Restricts the vacation-pay deduction for accrual method taxpayers by requiring the amounts to be paid within the taxable year or within eight and one-half months following the close of the taxable year. Includes in the gross income of the taxpayer amounts contributed in aid of construction. Subtitle B: Provisions Relating to Timber - Permits qualified timber producers to elect to expense (and claim as a deduction during the taxable year) 50 percent of the qualified timber preproductive period expenses paid or incurred during the taxable year. Defines "qualified timber preproductive expense" and "qualified timber producer." Provides certain depreciation rules relating to such taxpayers making this election. Provides that the capital gains tax treatment for timber is not available to corporate taxpayers. Subtitle C: Special Provisions Relating to Agriculture - Repeals the special tax treatment of expenditures for fertilizer and clearing land. Limits the expensing of soil and water conservation expenditures by providing that such expenditures must be consistent with soil conservation plans. Provides that gain from the disposition of converted wetland or highly erodible cropland shall be treated as ordinary income. Requires any loss recognized on the disposition of converted wetland or highly erodible cropland to be treated as long-term capital loss. Sets forth definitions and special rules. Provides rules for the netting of gains and losses by cooperatives among one or more of the allocation units of the cooperative. Sets forth various requirements with respect to such netting. Provides that certain plant variety protection certificates shall be treated as patents for purposes of the taxation on the sale or exchange of patents. Title X: Insurance Products and Companies - Part I: Policyholder Issues - Repeals the exclusion of interest on the installment payments of life insurance proceeds. Provides that the deduction for nonbusiness casualty losses covered by insurance is allowable only if a timely insurance claim with respect to such loss is filed. Provides that the exclusion from income of amounts received with respect to structured settlements is limited to cases involving physical injury. Part II: Life Insurance Companies - Repeals the special life insurance company deduction. Repeals the tax-exempt status for certain organizations providing commercial-type insurance coverage. Provides certain exceptions for activities attributable to high-risk and small groups. Requires the Secretary to conduct a study of fraternal beneficiary associations and report the findings to certain congressional committees. Permits the operations loss deduction of insolvent life insurance companies to offset the distributions from the policyholders surplus account. Part III: Property and Casualty Insurance Companies - Requires that 25 percent of unearned premium reserves be included in income each taxable year. Repeals the provisions allowing deductions for amounts allocated to the protection against loss accounts. Provides that amounts in such accounts shall be includible in income not less rapidly than ratably over a five-year period. Repeals the tax-exempt status of insurance companies or associations other than life or marine if the net written premiums for the taxable year exceed $500,000. Repeals the cap on tax of certain mutual insurance companies where the income is less than $12,000. Revises the alternative tax for certain small companies. Repeals the special small company deduction in computing statutory underwriting income or loss. Provides that the special determination of tentative life insurance company taxable income shall apply to corporations in Virginia and Louisiana. Establishes an advisory commission to conduct a study which will comprehensively analyze all aspects of the taxation of property and casualty insurance companies. Requires the results of such study to be submitted to selected congressional committees and the Secretary no later than March 31, 1988. Title XI: Pensions and Deferred Compensation - Subtitle A: Individual Retirement Accounts - Permits a maximum deduction of $2,000 contributed to an individual retirement account established for the benefit of a spouse. Provides that the $2,000 maximum deduction shall be phased-in over a period of five years. Permits nondeductible contributions to individual retirement plans. Limits the amount of such nondeductible contributions to $2,000 per year maximum. Phases in the maximum amount of the nondeductible contribution limit over a period of five years. Makes certain modifications in the rules relating to the tax treatment of distributions from individual retirement accounts. Requires that certain information be maintained with respect to designated nondeductible contributions to individual retirement accounts and individual retirement annuities. Subtitle B: Cash and Deferred Arrangements - Provides for the coordination of the individual retirement account deduction with other elective deferral provisions of the Code. Provides a $12,000 limit on the tax-free deferral with respect to elective qualified cash or deferred arrangements. Sets forth certain rules with respect to the elective deferrals. Provides that tax-exempt entities are eligible for having certain qualified cash or deferred arrangement plans. Prohibits the Federal Government or State or local governments from maintaining a qualified cash or deferred arrangement. Provides that if any plan amendments are required as a result of provisions of this Act, such amendment shall not be required to be made before the first plan year beginning on or after January 1, 1988. Subtitle C: Basis Recovery Rules for Qualified Pension Plans - Repeals the special rules for employees' annuities where the employee's contributions were recoverable in three years. Provides that amounts not received as annuities are allocated first to income. Subtitle D: Repeal of Exclusion for Cost of Group-Life Insurance - Repeals the exclusion from income for an employee of the cost of group-life insurance purchased by the employer. Subtitle E: Tax Treatment of Parsonage Allowances and Military Housing Allowances - Permits the deduction of mortgage interest and real property taxes by the taxpayer even though a parsonage allowance or military housing allowance has been received. Subtitle F: Additional Tax on Early Withdrawal From Pension Plans - Provides for a ten-percent additional tax on early distributions from certain qualified retirement plans. Exempts certain types of distributions from the ten-percent additional tax. Subtitle G: Treatment of Certain Full-Time Life Insurance Salesmen - Provides that a full-time life insurance salesman shall be considered an employee for purpose of the tax exclusion rules relating to employer cafeteria plans. Subtitle H: Changes Relating to Employee Stock Ownership Plans - Repeals the employee stock ownership tax credit. Terminates the exclusion from the income of certain taxpayers the interest received on loans used to acquire employer securities. Terminates the dividend paid deduction. Terminates the provision for the nonrecognition of gain on the sales of stock to an employee stock ownership plan. Terminates the provision permitting the transfer of certain estate tax liability to an employee stock ownership plan with respect to employer securities transferred to the plan or a worker-owned cooperative. Makes certain changes in the qualification requirements and other requirements with respect to employee stock ownership plans. Provides a special rule for eligible worker-owned cooperatives with respect to the nonrecognition of gain on the sale of securities to such cooperative. Subtitle I: Three Year Extension of the Exclusion for Educational Assistance - Extends for three years, until December 31, 1988, the exclusion from the gross income of an employee amounts paid or expenses incurred by an employer to provide educational assistance to the employee. Title XII: Repeal of Generation-Skipping Tax - Repeals the provisions of the Code providing for the tax on generation-skipping transfers. Provides for a credit or refund of any generation-skipping taxes which have been paid. Waives the statute of limitations with respect to refunds or credits for such taxes. Title XIII: Compliance and Tax Administration - Part I: Penalty for Failure to File Information Returns and Statements - Provides penalties for: (1) failure to file certain information returns; (2) failure to furnish certain payee statements; and (3) failure to include certain information on certain returns and statements. Establishes certain waiver provisions, definitions, and special rules relating to the filing of information returns and statements. Increases the penalty for failure to pay tax in certain cases from 0.5 percent per month to one percent per month. Modifies the provisions relating to the tax penalty in instances involving negligence and fraud. Part II: Estimated Tax Payments by Individuals - Increases the percentage tests for liability of taxpayers to pay estimated tax payments from 80 percent to 90 percent of the tax shown on the return for the taxable year. Part III: Provisions Relating to Attorneys' Fees and Exhaustion of Administrative Remedies - Extends the provisions permitting the awarding of attorneys' fees to the prevailing party in certain tax cases. Provides that Internal Revenue Service employees may be personally liable for court costs in certain cases. Requires the Secretary to report annually for a certain period of time to select congressional committees certain information relating to the awarding of court costs and attorneys' fees in tax cases. Part IV: Tax Administration Provisions - Grants the Secretary the authority to rescind a notice of deficiency mailed to the taxpayer with the consent of the taxpayer. Permits the Secretary to abate interest assessments due to errors or delays by the Internal Revenue Service. Suspends the compounding of interest charges where the interest charges on a deficiency has been suspended. Provides that certain service-connected disability payments are exempt from levy for tax payment. Increases to $100,000 the value of personal property subject to certain listing and notice procedures. Provides that the recordkeeping requirements for the use of an automobile by an agent of the Internal Revenue Service shall be the same as the use of an automobile by an officer of any other law enforcement agency. Part V: Interest Provisions - Establishes rules concerning the differenterial interest rate. Provides that the interest charges on any accumulated earnings tax shall begin to accrue on the date the return is due. Part VI: Modification of Withholding Allowances - Directs the Secretary to modify the withholding schedules to reflect the tax rate changes in this Act. Prohibits certain decreases in the withholding of taxes. Part VII: Information Reporting Provisions - Requires the reporting of certain information with respect to real estate transactions. Requires taxpayers to report on their returns amounts of tax-exempt interest received or accrued during the taxable year. Part VIII: Report on Return-Free System - Requires the Secretary to prepare a report on a return-free system for the Federal income tax of individuals which would include: (1) the identification of classes of individuals who would be permitted to use a return-free system; (2) how such system would be phased in; (3) what additional resources the IRS would need to carryout such a system; and (4) the type of changes to the Internal Revenue Code which would inhibit or enhance the use of such system. Part IX: Certain Diesel Fuel Taxes May be Imposed on Sales to Retailers - Provides that the excise tax on diesel fuel for highway vehicles may be imposed on the sale to the retailer by the wholesaler (jobber) or by the manufacturer where the sale is direct to the retailer. Title XIV: Miscellaneous Provisions - Excludes from income amounts paid to the foster parent for caring for a qualified foster child in the foster parent's home. Provides that the tax relief provisions applicable with respect to Vietnam MIAs (and their spouses) that expired after 1982 are retroactively reinstated and made permanent. Provides that in the case of any tax-exempt organization, the term unrelated trade or business does not include any trade or business of such organization that consists of exchanging names and addresses of donors to (or members of) such organization with another such tax-exempt organization. Provides that the term unrelated trade or business of a tax-exempt organization does not include activities of such organization relating to the distribution of low cost articles incidental to the solicitation of charitable contributions. Permits a housing cooperative, where the cooperative charges such tenant-stockholder with a portion of the cooperative's interest and taxes in a manner that reasonably reflects the cost to the cooperative of the interest and taxes attributable to such tenant-stockholder's dwelling unit, to make an election whereby the share of the cooperative's interest and taxes that each tenant-stockholder is permitted to deduct would be the amounts that were so separately allocated and charged. Provides that certain royalties relating to computer software are not treated as personal holding company income, and therefore not subject to the additional tax on personal holding company income, if the recipient: (1) is actively engaged in the trade or business of producing, developing, or manufacturing computer software; (2) derives more than half of its income from software royalties; (3) incurs substantial trade or business expenses, or research and development expenses; and (4) distributes most of its passive income other than software royalties. Provides special rules with respect to taxpayers who are members of an affiliated group and receive royalties with respect to the licensing of computer software. Allows certain securities dealers to exclude from personal holding company income certain income received on securities or money market instruments held in inventory if the taxpayer: (1) derives at least 50 percent of its income from the active conduct of the business of dealing in securities; (2) distributes most of its passive income not derived from the business of dealing in securities; and (3) incurs substantial trade or business expenses relating to the business of dealing in securities. Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act with respect to adoption assistance agreements and "nonrecurring adoption expenses" relating to the adoption of special needs children.
United States · United States Congress · 6 December 1985
Trade Expansion Act - Title I: Export of Alaskan Oil - Exempts the export of Alaskan crude oil from the restrictions of the Export Administration Act of 1979, the Trans-Alaska Pipeline Authorization Act, the Energy Policy and Conservation Act, or any other law if such oil is transported in certain tankers. Title II: Business Information and Confidentiality Procedures - Business Information Confidentiality Procedures Act - Directs each Federal agency to promulgate regulations to provide procedures to protect the confidentiality of business information consisting of trade secrets and commercial or financial information. Establishes procedures under which a submitter of such information shall be: (1) notified of a decision allowing disclosure; (2) permitted to provide written objections; and (3) permitted to seek de novo judicial review of a decision to allow disclosure over such objections. Title III: Business Accounting and Foreign Trade Simplification - 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. Expresses the sense of the Congress that the President should negotiate an international agreement on illicit payments, including a dispute resolution procedure. Directs the President to report to the Congress on: (1) the progress of such negotiations; (2) the steps the United States could take if the negotiations fail to eliminate the competitive disadvantage of U.S. business; and (3) possible methods of promoting international cooperation to prevent bribery in third world countries. Requires the report to contain recommendations for new legislation and an analysis of the potential effect on U.S. interests of the corruption of foreign officials and political leaders. Title IV: Average Fuel Economy Standard - Amends the Motor Vehicle Information and Cost Savings Act to lower the average fuel economy standard to 26 miles per gallon after 1985. Title V: Pharmaceutical Exports - Pharmaceutical Amendments of 1985 - 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 where differing health conditions make such shipments desirable. Permits the export of an unapproved drug to a second tier country if such drug is approved for use in a 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. Title VI: Antitrust Law Reform - Amends the Clayton Act to repeal the provision prohibiting the acquisition by one corporation of the stock of another.
United States · United States Congress · 5 December 1985
Federal Election Campaign Act Amendments of 1983 - Amends the Federal Election Campaign Act of 1971 to include in the definitions of "contribution" and "expenditure" donations and payments made to advocate clearly identified individuals as candidates for Federal office. Exempts from such definitions any donations or payments to political parties or political party committees designated to defray establishment, administration, or solicitation costs of the Committee. Requires that these donations be reported on a semiannual basis. Extends to the national committee of a political party certain exemptions that are given to State committees. Allows a political committee of a party to utilize the expedited procedure for advisory opinion requests during the 60-day period before an election. Requires the Federal Election Commission to establish time limits for investigations. Revises the investigatory procedures of the Commission. Repeals the requirement that the Court of Appeals sit en banc when hearing cases involving the constitutionality of the Act. Increases the contribution limitations for certain offices. Permits political committees of political parties to engage in bona fide commercial transactions in order to defray establishment, administration, and solicitation costs. Amends the Internal Revenue Code to provide the opportunity for a presidential general election candidate to request a hearing before the Commission if a demand for repayment of funds is made.
United States · United States Congress · 19 November 1985
Directs the Secretary of the Treasury to pay a specified sum to two named individuals in full settlement of all claims against the United States arising from the submersion of land allotted to one of those individuals.
United States · United States Congress · 19 November 1985
Expresses the sense of the Congress that: (1) the Congress and the President welcome Canada's interest in negotiating to remove all trade barriers between the United States and Canada; (2) bilateral negotiations could provide opportunities for both countries to facilitate trade and investment flows; (3) the primary goal of the negotiations is to achieve the broadest possible trade agreement; (4) the Congress intends to participate fully in the negotiating process; (5) such negotiations should begin immediately and conclude, if possible, by June 30, 1987; (6) effective dispute settlement procedures be an important part of any bilateral free trade agreement; and (7) the trade ministers of both countries should work to resolve outstanding trade disputes.
United States · United States Congress · 18 November 1985
Expresses the sense of the Congress that the Taiwanese authorities should continue progress toward a democratic system, in particular by allowing the formation of opposition political parties, ending censorship and guaranteeing freedom of speech, expression, and assembly, and moving toward full representative government.
United States · United States Congress · 31 October 1985
Declares that the House of Representatives, in an effort to bring about an end to the human rights abuses committed by the Soviet Union against the Afghanistan people, supports the President's intent to discuss such concerns with Soviet leader Mikhail Gorbachev and calls upon him to reiterate the U.S. desire to achieve a negotiated political settlement that is agreeable to all parties in Afghanistan (including the complete withdrawal of foreign troops, the restoration of an independent and sovereign Afghanistan, and the safe return of Afghan refugees).
United States · United States Congress · 30 October 1985
Amends the Foreign Assistance Act of 1961 to provide that funds made available for family planning programs may only be used for programs: (1) in which there is not any element of coercion of individuals to practice family planning or to accept any particular method of contraception; (2) which include an accurate description of the effectiveness and risks of all major methods of family planning; and (3) which include an agreement to provide either other family planning methods if requested or referral to programs offering other methods as appropriate.
United States · United States Congress · 24 October 1985
Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 24 October 1985
Declares that the House, in an effort to bring about an end to the human rights abuses committed by the Soviet Union against the Afghanistan people, supports the President's intent to discuss such concerns with the Soviet Union and calls upon him to reiterate the U.S. desire to achieve a negotiated political settlement that is agreeable to all parties in Afghanistan (including the complete withdrawal of foreign troops, the restoration of an independent and sovereign Afghanistan, and the safe return of Afghan refugees).
United States · United States Congress · 22 October 1985
Indian Economic Development Act of 1985 - Title I: Designation of Indian Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of Indian enterprise zones by the Secretary of the Interior for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Provides that tribal governments shall nominate areas for such designation. Limits the designation of Indian enterprise zones to 30 nominated areas over a 36-month period (one-third of which must be in areas with a population of less than 1,000). Limits the period during which such designation shall remain in effect. Provides that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the tribal government; (2) the boundary of the area is continuous; (3) the area is determined to be Indian lands by the Secretary; and (4) the area meets specified unemployment and poverty requirements. Requires nominating tribal governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, receiving commitments of private entities to assist employees and residents of the area, or actions for the partial limitation of tribal sovereign immunity for purposes of recourse in contract and other civil disputes within the zone. Terminates the authority of the Secretary to designate such Indian enterprise zones on July 1, 1986, or 36 months after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate Indian enterprise zones. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such Indian enterprise zones' designation. Requires that any tax reduction effected by a tribal commitment under the terms of this Act shall be disregarded for purposes of determining the eligibility of a tribe for Federal assistance or benefits. Specifies that a designation of an Indian enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquired Policies Act of 1970. Exempts Indian enterprise zones from certain requirements relating to Federal environmental policy. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers - Allows employers located in Indian enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three-year carryback and a 15-year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account $17,500 in wages per year per employee) plus a specified percentage of wages paid to certain disadvantaged workers for the first seven years of the Indian enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Subtitle B: Credits for Investment in Tangible Property in Indian Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in Indian enterprise zones. Limits such credit to five percent for zone personal property, ten percent for new zone construction property, and 20 percent for zone infrastructure investment. Phases out such credit in the last three years of the enterprise zone designation. Requires the recapture of such credit upon early disposition of the property. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to Indian enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act) and tribal governments and nonprofit enterprises operating within Indian enterprise zones. Authorizes Federal agencies, upon request by a designating tribal government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule changed. Disallows waiver or modification if a rule would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that no waiver or modification of a rule shall remain in effect for a longer period than the period for which the Indian enterprise zone designation is in effect. Title IV: Establishment of Foreign - Trade Zones in Indian Enterprise Zones - Requires the Foreign Trade Zone Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within Indian enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that, to the maximum extent practicable, foreign-trade zones should be established within Indian enterprise zones. Title V: Partial Waiver of Tribal Sovereign Immunity - Authorizes the Secretary to approve plans, pursuant to a tribal economic development plan, which include provisions for the partial waiver of sovereign immunity, including provisions for binding arbitration of contract and other civil disputes between tribal entities and non-tribal businesses or entities. Specifies that such a partial waiver of sovereign immunity shall not encumber nor diminish the trust assets of the tribe.
United States · United States Congress · 22 October 1985
Prohibits the number of Soviet nationals admitted to the United States to serve as members of the Soviet mission at United Nations (U.N.) headquarters from exceeding the number of U.S. nationals who serve as members of the U.S. mission at U.N. headquarters, unless: (1) the excess number is the result of routine replacement of personnel and is not more than ten percent of the number of U.S. nationals serving at the U.S. mission; or (2) the President determines that the admission of additional Soviet nationals would be in the interests of the United States. Directs the Secretary of State to report to the Congress every six months on the number of Soviet nationals admitted to the United States because the President determined their admission would be in the national interest and on their duties with the Soviet mission. Declares that the Secretary and the Attorney General should report to the Congress within six months on a plan for ensuring that the excess number of Soviet nationals admitted due to a routine replacement of personnel does not exceed the five percent limit.
United States · United States Congress · 9 October 1985
Fair Labor Standards Amendments of 1985 - Amends the Fair Labor Standards Act of 1938 to allow State, local, or interstate governmental agencies to provide compensatory time in lieu of overtime compensation. Requires that such compensatory time be one and one-half hours for each hour of employment for which overtime compensation is required. Allows such compensatory time only if it is a collective bargaining agreement, memorandum of understanding or other agreement or understanding entered into by the public agency and its employees or their recognized representatives before the work for which the compensatory time is to be provided. Limits the amount of such compensatory time which public employees may accrue to 180 hours, or 480 hours in the case of work which included a public safety activity, an emergency response activity, or a seasonal activity. Requires that public employees who have accrued such compensatory time and requested its use be permitted to use it within a reasonable period after making such request if its use does not unduly disrupt the operations of the public agency. Requires that, upon termination of employment, a public employee who has accrued such compensatory time be paid for unused compensatory time at a rate not less than the average rate received by such employee during the last three years of the employees' employment. Provides that, if a public agency had in effect on April 15, 1986, a pattern or practice of providing its employees compensatory time off in lieu of overtime compensation, that pattern or practice shall constitute an agreement or understanding which meets specified requirements. Provides that a collective bargaining agreement in effect on April 15, 1986, which permits overtime compensation in the form of compensatory time off at a rate of less than one and one-half hours for each hour of employment for which overtime compensation is required shall remain in effect until its expiration date unless otherwise modified, except that compensatory time shall be provided after April 14, 1986, at the one and one-half hour rate. Provides that States, local governments, and interstate governmental agencies shall not be liable for specified overtime and related paperwork violations which occur before April 15, 1986, with respect to employees who would not have been covered under the Secretary of Labor's special enforcement policy in effect on January 1, 1985. Permits States, local governments, or interstate governmental agencies to defer until August 1, 1986, the payment of overtime compensation for hours of employment after April 14, 1986. Adds provisions relating to special detail work for fire protection and law enforcement (including prison security) employees of State, local, or intergovernmental agencies. Provides that those hours on special detail work for a separate or independent employer shall be excluded by the public agency in the calculation of overtime compensation, if the employee agrees, solely at the employee's option, to perform such special detail work. Provides that an employee's hours of part-time employment with a public agency in a substantially different capacity from the employee's regular full-time employment with such agency shall be excluded from the calculation of overtime compensation, if such part-time employment is undertaken on an occasional and sporadic basis and solely at the employee's option. Directs the Secretary of Labor to issue, by March 15, 1986, regulations: (1) defining when employment is done on an occasional or sporadic basis; and (2) prescribing a standard for determining if employment is in a substantially different capacity than other employment. Permits employees of States, local governments, and interstate governmental agencies to volunteer to perform services for any other such agency, including one with which the employing agency has a mutual aid agreement. Adds provisions relating to substitution work by and for fire protection and law enforcement (including prison security) employees of State, local, and intergovernmental agencies. Provides that those hours of substitution during scheduled work hours for a fellow employee shall be excluded by the public agency in the calculation of the substituting employee's overtime compensation, if such employee agrees to perform such substitute work with the public agency's approval and solely at the employee's option. Provides that the employer may not be required to keep a record of the hours of such substitute work under certain overtime recordkeeping requirements. Revises the definition of "employee" to exclude any volunteer for a State, local, or interstate governmental agency who volunteers to perform such services without compensation or for a nominal fee, expenses, or reasonable benefits or for any combination of such fee, expenses, or benefits. Provides that employees of such agencies shall still be considered employees if they volunteer to perform the same type of service for those agencies for which they are employed. Directs the Secretary of Labor to issue, by March 15, 1986, regulations to define nominal fees and reasonable benefits. Provides that, if before April 15, 1986, a public agency's practice was to treat certain persons as volunteers then such persons shall be considered volunteers and not employees until April 15, 1986. Provides that no State, local government, or interstate governmental agency shall be liable for a violation of minimum wage requirements occurring before April 15, 1986, with respect to services performed for the public agency by any individual who performed such services as a volunteer. Revises the definition of "employee" to exclude from coverage under the Act State and local legislative employees who are not legislative library employees. Makes the amendments made by this Act effective on April 15, 1986, but authorizes the Secretary of Labor to promulgate before such date regulations to implement such amendments. Prohibits construing such amendments as affecting whether a State, local government, or interstate governmental agency is liable under penalty provisions of the Act for violations of minimum wage, overtime, or paperwork requirements occurring before April 15, 1986, with respect to any employee who would have been covered by by the Act under the Secretary of Labor's special enforcement policy in effect on January 1, 1985. Requires that a State, local government, or interstate governmental agency be held to have violated specified provisions if it discriminates or has discriminated against an employee with respect to wages or other terms or conditions of employment because on or after February 19, 1985, the employee asserted coverage under overtime provisions.
United States · United States Congress · 8 October 1985
Amends the copyright law to prohibit a copyright holder from conveying the right to publicly perform an audiovisual work on non-network commercial television without simultaneously conveying the right to perform in synchronization any copyrighted music which accompanies such work.
United States · United States Congress · 8 October 1985
Trade Partnership Act - Title I: International Trade - Directs the President to establish the Commission on Trade which shall: (1) evaluate existing U.S. trade laws and policies; (2) develop recommendations on monetary and fiscal policies for the United States and its chief trading partners; (3) evaluate the export financing practices of major trading partners and of international agencies; and (4) review existing trade agreements to assess their effect on U.S. long-term trading interests. Requires the Commission to report its findings and recommendations to the President and to the Congress. Expresses the sense of the Congress that the President should evaluate such findings and recommendations and take into account the results of an international monetary conference to determine the propriety of convening a summit conference on international trade in order to develop changes in international trade and monetary practices. Expresses the sense of the Congress that the President should call for an international monetary conference to develop: (1) options for reforming institutional mechanisms in order to decrease the disparity among, and to prevent dramatic fluctuations in the value of, the currencies of the major economic powers; and (2) means for reducing interest rates, promoting national and world economic growth, assuring price stability, and promoting higher levels of international trade. Expresses the sense of the Congress that the President should initiate multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade (GATT) in order to: (1) resolve the issues not resolved in earlier negotiations; (2) develop multilateral disciplines in those areas where trade problems have emerged or are becoming more acute; (3) focus on improving the dispute settlement mechanisms of the GATT; (4) place a high priority on bringing developing countries into full participation in the international trading community; (5) ensure that all developed countries share equally the responsibility for advancing the economies of developing countries; and (6) increase efforts to bring countries now outside the GATT under accepted multilateral disciplines governing trade. Directs the President to begin negotiations immediately if Canada requests the negotiation of a trade agreement that provides for the elimination or reduction of any duty imposed by the United States. Directs the U.S. Trade Representative (USTR) to review the bilateral relationships between the United States and its major trading partners in order to determine those countries that offer the most potential for the establishment of free trade areas with the United States. Sets forth factors to be considered in making such review. Authorizes the President, during the year following enactment of this Act, to negotiate with Japan on a trade agreement under which the United States will permit the exportation to Japan of Alaskan petroleum and natural gas in return for substantial concessions by Japan regarding the importation into Japan of agricultural products, wood products, and other kinds of export products that are important to the United States. Amends the Trade Act of 1974 to transfer to the USTR specified functions relating to import relief that are currently performed by the President. Directs the President to review the USTR's determination on whether to provide import relief and what form such relief should take. Requires the President to complete such review within 15 days of receiving the USTR's determination. Directs the President to notify the Congress of the President's decision and of the USTR's determination. Directs the USTR to take action to implement the import relief which the USTR decided to provide if the President concurs in the USTR's decision. Directs the USTR to take action to implement the President's decision on import relief if it differs from the USTR's decision and no joint resolution disapproving the President's decision is enacted. Directs the USTR to order the implementation of the import relief recommended by the International Trade Commission if the decision of the President differs from the decision of the USTR and a joint resolution disapproving the President's decision is enacted. Authorizes interim relief after a petition for import relief is filed if the USTR determines that: (1) it is likely that the article is being imported in such increased quantities as to be a substantial cause of serious injury or threat thereof to the competing domestic industry; and (2) the absence of such interim relief would result in irreparable harm to the domestic industry. Authorizes emergency relief from imports of perishable products (other than perishable products from a beneficiary country under the Caribbean Basin Economic Recovery Act) after a petition for such relief is filed if the USTR, after consultation with the Secretary of Agriculture, decides that: (1) there is a reasonable indication that the perishable product is being imported in such increased quantities as to be a substantial cause of serious injury, or threat thereof, to the competing domestic industry; and (2) emergency action is warranted. Directs the USTR, upon deciding to grant interim relief or emergency relief, to: (1) determine the method and extent of such relief; (2) notify the President of such decision; and (3) unless the President decides within 15 days that such relief is not in the national economic interest, order the Commissioner of Customs to impose such relief. Declares that such relief may consist of tariff increases or import limitations. Provides for the termination of such relief. Directs the USTR to order the Commissioner of Customs to implement actions necessary to enforce U.S. rights under any trade agreement if: (1) the President and the USTR agree on the appropriate action; or (2) the President differs with the USTR on the appropriate action but a joint resolution disapproving such action is not enacted. Reduces the number of days from 21 to 15 between the President's receipt of the USTR's recommendation of appropriate action and the President's decision on what action is appropriate. Requires the President to determine during such 15 day period if: (1) the President concurs in the USTR's recommendation; or (2) it is in the national economic interest not to take any action or to take action different from the action determined by the USTR. Requires the President to notify the Congress of such decision. Provides that if 90 days after the Congress receives notice of such decision no joint resolution is enacted disapproving it then such decision shall take effect. Reduces the amount of time the USTR may take to make a recommendation on a petition for enforcement of U.S. trade rights. Sets forth the actions the USTR may recommend to the President based on such petition. Directs the USTR to include in the annual report to the Congress on foreign barriers to market access an analysis and assessment of the overall reciprocity accorded U.S. products, services, and investment by each of the major trading partners of the United States and the impact on major U.S. product sectors of the failure to provide reciprocity. Requires specified congressional committees, within 90 days of receiving such report, after consultation with the USTR and conducting public hearings, to issue a joint report on: (1) the priorities for negotiations regarding reducing or eliminating trade barriers; and (2) the committees' recommendations on actions to enforce U.S. trade rights. Directs the Secretary of Labor to pay to private firms 80 percent of the cost of providing job training if the training is certified as trade readjustment training and if the trainees are not charged for the training. Extends the job training, job search, and job relocation allowance provisions of the trade adjustment assistance programs through October 1, 1987. Amends the Trade Expansion Act of 1962 to set a one year deadline for the President to take action on the advice of the Secretary of Commerce on imports that are suspected of impairing national security. Amends the Tariff Act of 1930 to reduce the time limit for decisions by the International Trade Commission on allegations of unfair practices in import trade from one year (18 months in more complicated cases) to eight months (ten months in more complicated cases). Declares that the USTR should expedite the issuance of notices requesting the negotiation of periodic adjustments to the bilateral limitations on shipments of textiles and apparel contained in the Multi-Fiber Arrangement. Directs the Commissioner of Customs to: (1) increase the number of inspectors, import specialists, and customs patrol officers in the Customs Service by at least 800; (2) implement the Automated Commercial System at all ports of entry; and (3) implement a program for detecting, investigating, and prosecuting patent and copyright infringement cases. Requires the Commissioner to report quarterly to specified congressional committees on the operation and effect of the patent and copyright infringement program. Imposes a penalty for multiple customs law offenders who import or attempt to import merchandise during the three years following the date of the third of the offenders' convictions. Title II: Protection of Patents and Transfer of Technology - Part A: Protection of Patents - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Places the burden of proof upon the party asserting that a product was not produced with the patented process in an infringement action where the court finds a substantial likelihood that the product was so produced and the claimant has exhausted all means of discovery. Part B: Transfer of Technology - Federal Laboratory Technology Utilization Act of 1985 - Authorizes Federal agencies to permit their laboratories to enter into cooperative research and development arrangements with other Federal, State, and local agencies, universities, industrial organizations, or other persons including licensees of inventions owned by the Federal agency or general partners of research and development limited partnerships. Permits such laboratories to exchange funds, services, and property with collaborators, grant such collaborators patent licenses or assignments, waive Federal ownership of inventions made by a collaborator, and negotiate licensing agreements for federally owned inventions. Sets forth a formula for the distribution of royalties or other income received by such laboratories from the licensing of cooperatively produced inventions to Federal agency employee inventors, the laboratories themselves, and the Treasury. Requires affected Federal agencies to report annually to the appropriate congressional committees on the income from and distribution of royalties. Directs the Secretary of Commerce to provide procedures, training, and advice to Federal laboratories on recognizing the commercial potential of new technologies and inventions. Requires the Secretary to report biannually to the President and the Congress on Federal agency participation in this program. Makes it the policy of the Government to encourage the commercialization of inventions by Federal or former Federal employees made by them during their Federal employment and exempts such efforts from otherwise applicable violations. Permits such an employee to retain title to an invention (subject to retention by the Government of a nonexclusive license) unless the agency intends to file a patent application itself in order to promote commercialization. Sets forth other permissible conditions on such an inventor's title. Part C: Protection of Proprietary Information - Exempts commercial and financial information that is proprietary or sensitive from the sunshine provisions applied to Federal agencies if the proprietor is notified of the request for release of the information and given 60 days to present arguments on why the information should be exempt. Title III: Export Promotion - Amends the Bank Holding Company Act of 1956 to increase, from five percent to ten percent, the percentage of shares that: (1) a bank holding company may hold in an export trading company; and (2) an Edge Act corporation may hold in an export trading company from five to ten percent. Increases the amount of credit that a bank owning stock in a bank holding company with investments in an export trading company may extend to an export trading company. Amends the Export Trading Company Act of 1982 to direct the Board of Directors of the Export-Import Bank to try to insure that a "significant share" (currently a "major share") of any loan guarantees ultimately serves to promote exports from small, medium-size, and minority businesses or agricultural concerns. Requires the Board to report to the Congress on implementation of such requirement within one year of its effective date. Directs the Secretary of the Treasury to develop a program consisting of mixed credit financing for exports to compensate for the effects of subsidized financing by U.S. trading partners. Declares that the Export-Import Bank should expand its promotion programs for small- and medium-sized banks. Amends the Federal Reserve Act to give Edge Act corporations the same discount and borrowing privileges as Federal Reserve banks. Repeals the limitation on bank investments in Edge Act corporations. Directs the Board of Governors of the Federal Reserve System to require periodic reports from every corporation of the total amount of capital stocks and paid up surplus of the corporation, the name of any stockholder who holds more than ten percent of the shares of the stock of such corporation, and the share holdings of such stockholder. Directs the U.S. Executive Director of each of the multilateral development banks to promote procurement opportunities relating to the assistance provided by such banks in recipient countries for U.S. firms. Sets forth actions the Executive Directors should take with respect to such opportunities. Declares that the Secretary of Commerce should continue to assign one foreign commercial service officer to the office of the U.S. Executive Director of the International Bank for Reconstruction and Development. Directs the Secretary of Commerce to assign such an officer on a part-time basis to each of the offices of the U.S. Executive Director of the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank. Requires the U.S. Ambassadors to those countries that are important trading partners of the United States to report annually to the President and to the Congress on their efforts to help U.S. industries in expanding export sales to, and improving their market positions in, such countries. Authorizes the seven Bell operating companies, effective September 1, 1986, to manufacture telecommunications equipment and customer premises equipment in the United States if specified conditions are met. Title IV: Foreign Corrupt Practices - Business Accounting and Foreign Trade Simplification Act - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Prohibits imposing criminal liability for failing to maintain such an accounting system. Prohibits imposing civil injunctive relief with respect to: (1) an issuer who fails to maintain the required accounting system if the issuer tried in good faith to meet the requirements; or (2) any person other than an issuer in connection with an issuer's failure to comply with such requirements, unless such person knowingly caused the issuer to fail to comply. Prohibits anyone from knowingly circumventing such an accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Securities and Exchange Commission to the Department of Justice jurisdiction to enforce the bribery prohibitions of the FCPA with respect to issuers. Revises the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made "directly or indirectly" to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments to such officials that are lawful under the foreign country's laws; (3) payments which constitute tokens of regard or esteem; (4) expenditures associated with selling, purchasing, or demonstrating goods; or (5) ordinary expenditures associated with performing a contract with a foreign government. Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act. Prohibits prosecution of a domestic concern or specified agents of such concern for violating the Federal mail or wire fraud provisions by making a payment to a foreign official if the prosecution is based on the theory that the official, by receiving the payment, violated a duty to or defrauded the foreign government or the citizens of a foreign country. Authorizes the Attorney General to issue guidelines specifying: (1) permissible conduct associated with common types of export sales arrangements; and (2) precautionary procedures which would create a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the opinion states that the conduct does not involve a violation. Directs the Attorney General to protect the confidentiality of materials submitted in the review procedure. Requires annual reports to the Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Title V: Related Tax Provisions - High Technology Research and Scientific Education Act of 1985 - Part A: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Part B: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses, and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporation's R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 8 October 1985
Establishes the United States Commission on Improving the Effectiveness of the United Nations to examine and evaluate the strengths and weaknesses of the United Nations and to submit to the President recommendations on ways to improve its effectiveness and the role of the United States in such organization. Sets forth specified items which the Commission should focus on in carrying out its duties. Requires the Commission to transmit to the President and to the Congress a report containing a detailed statement of its findings, conclusions, and recommendations. Authorizes appropriations and private contributions for the Commission. Terminates the Commission 60 days after the submission of its report.
United States · United States Congress · 7 October 1985
Fair Export Financing Act of 1985 - Amends the Trade and Development Enhancement Act of 1983 to declare that one of the purposes of such Act is to establish a temporary tied aid credit program to combat the predatory concessional credit programs of foreign governments. Directs the President to negotiate limits on partially untied aid credit. Changes the U.S. negotiating objectives to include references to partially untied aid credits. Directs the Secretary of the Treasury to establish within the Department of the Treasury a program of tied aid credits for U.S. exports. Requires the program to be carried out in cooperation with the Export-Import Bank or with private financial institutions or entities. (Currently the program is established within the Export-Import Bank and carried out in cooperation with the Agency for International Development (AID).) Sets forth financing methods that may be included in such program. Authorizes appropriations. Repeals the provision that established a tied aid credit program in AID. Requires the Secretary to seek the advice of the National Advisory Council on International Monetary and Financial Policies before approving financing under the tied aid credit program. Terminates the tied aid credit program on September 30, 1987. Limits judicial review of actions by the Chairman of the Export-Import Bank and by the Secretary. Changes the definition of "tied aid credit." Defines "partially untied aid credit." Deletes references to government-mixed credits and public-private cofinancing.
United States · United States Congress · 7 October 1985
Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Congressional Budget Act of 1974 to eliminate the second concurrent resolution on the budget and thus provide for annual adoption of a single concurrent resolution on the budget (budget resolution). Sets forth maximum Federal budget deficit amounts for each of fiscal years 1986 through 1991 providing for the incremental reduction of the deficit to zero by 1991. Requires Old Age, Survivors and Disability Insurance (OASDI) revenues and expenditures to be included in the calculation of such deficit amounts. Prohibits either House of Congress from considering or adopting a budget resolution or a revision thereof providing for budget outlays exceeding revenues by more than the prescribed maximum deficit amount. Requires the Congress to complete action on any reconciliation bill or resolution to: (1) an original budget resolution by June 15 of each year; or (2) a revised budget resolution within 30 days after the revision is adopted. Provides that no amendment that would increase specific budget outlays or reduce specific revenues set forth in a budget resolution or reconciliation bill shall be in order in the House or the Senate, unless such amendment provides for offsetting adjustments in other outlays and revenues to ensure that the deficit set forth in the budget resolution is not increased or exceeded. Requires each Senate and House committee to report its subdivisions of allocated budget outlays and new budget authority within ten days of session after the budget resolution is agreed to. Makes it out of order for the House or the Senate, after the Congress has completed action on the budget resolution for a fiscal year, to consider legislation that, if enacted, would: (1) provide for or require budget outlays or new budget authority in excess of the appropriate committee allocation reported in connection with such resolution, unless legislation is favorably reported by the Committee on Appropriations of the House involved with a certification that the appropriate committee will take actions necessary to assure that enactment of such legislation will not result in a deficit exceeding the maximum deficit amount applicable; or (2) provide for new budget authority or spending authority or reduce revenues so that the resulting deficit would exceed the level set forth in such budget resolution or the applicable maximum deficit amount. Permits a congressional committee to report alterations to its reported allocations of budget outlays and authority, provided that such alterations are consistent with any actions taken by its House on legislation within its jurisdiction. Requires the conference report on any legislation providing new budget authority or new or increased tax expenditures to disclose the information required to be disclosed in committee reports on such legislation. Requires the Federal budget transmitted to the Congress by the President each year, and revisions thereof, to set forth levels of outlays and revenues resulting in a deficit not in excess of the applicable maximum deficit amount. Requires the Director of the Office of Management and Budget and the Director of the Congressional Budget Office: (1) to estimate the levels of total revenues and budget levels for each fiscal year; (2) to estimate the rate of real economic growth during that year; (3) to determine whether the deficit for such year will exceed the applicable maximum deficit amount and whether such excess is statistically significant; and (4) to submit a report to the President and the Congress specifying the amount of any excess, whether it is statistically significant, the estimated rate of real economic growth for that year, and the percentages by which automatic spending increases (excluding increases in OASDI benefits) and relatively controllable expenditures shall be reduced during such year in order to eliminate such excess. Requires the President, upon receiving such a report which identifies a statistically significant excesss, to issue an order which eliminates one-half of such excess by suspending or uniformly reducing (not below zero) automatic spending increases under Federal law for such year, and which eliminates the other half by sequestering amounts of budget authority, obligation limitations, and loan limitations, and by adjusting Federal payments, to the extent necessary to reduce each relatively controllable expenditure by a uniform percentage. Directs the President to send a message to both Houses of Congress identifying: (1) the total amount and the percentage by which automatic spending increases are to be reduced; (2) the amount of budget authority, obligation limitations, and loan limitations to be sequestered and payments to be adjusted for all, and each, relatively controllable expenditure; and (3) the account, department, establishment, project, or function affected by such revision of expenditures. Prohibits such an order from eliminating any Federal program, project, or activity. Directs the President to issue such order: (1) within 14 days after receiving such report if the estimate for real economic growth for the fiscal year is zero or greater; or (2) within 30 days if the estimate for real economic growth is less than zero. Authorizes the President, during such 30-day period, to submit to the Congress a joint resolution to: (1) reduce the deficit to an amount not exceeding the applicable maximum deficit amount; or (2) suspend the requirements of this Act for such fiscal year. Permits the President's message to the Congress to include alternative ways to reduce the deficit to an amount not exceeding the maximum deficit amount. Permits the Committee on the Budget of the House or the Senate, within ten days after the President has issued such an order, to report a joint resolution superseding such order. Makes it out of order for the House or the Senate to consider or agree to any such resolution which, if enacted, would cause the fiscal year deficit to exceed the deficit set forth in the budget resolution most recently agreed to, or the applicable maximum deficit amount. Sets forth House and Senate procedures for consideration of such a resolution. Amends the Social Security Act to provide that OASDI revenues and expenditures shall be excluded from the Federal budget transmitted by the President to the Congress and from the congressional budget, and shall be exempt from general budget limitations imposed on Federal expenditures and net lending. Prohibits any law enacted after enactment of this Act from providing for payments between the Treasury and the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund. Changes the date by which the President must submit to the Congress a supplemental summary of the budget for a fiscal year from July 16 to September 16. Waives specified provisions of this Act in any fiscal year for which a declaration of war has been enacted.
United States · United States Congress · 26 September 1985
Amends the Internal Revenue Code to permit the deductibility of business expenses of attending conventions in Bermuda. Requires the existence of a presidential certification to the effect that the inclusion of Bermuda is in the national security interest and that the administration and enforcement of the U.S. tax laws is not materially impeded by Bermuda's information exchange policies. Deletes the provision stating that an exchange of information agreement need not provide for the exchange of qualified confidential information which is sought for civil tax purposes if certain conditions are met.
United States · United States Congress · 23 September 1985
Bicentennial of the Constitution Coins and Medals Act - Title I: Bicentennial of the United States Constitution Commemorative Coins - Directs the Secretary of the Treasury to issue a specified number of five dollar gold coins and one dollar silver coins emblematic of the Bicentennial of the U.S. Constitution. Sets forth certain features of such coins and provides for their sale and issuance. Terminates the minting of such coins after December 31, 1987. Requires the Secretary to deposit in the Treasury all surcharges received from sale of such coins, to be used to reduce the national debt. Title II: Bicentennial of the United States Constitution Commemorative Medals - Directs the Secretary to strike and deliver to the Commission on the Bicentennial of the United States Constitution a specified number of gold, silver, and bronze medals commemorating the Bicentennial. Authorizes the Commission to dispose of such medals at a premium. Terminates the striking of such medals after December 31, 1987.
United States · United States Congress · 19 September 1985
Amends the Internal Revenue Code to include obligations issued for supplemental State student loan programs within the definition of qualified student loan bonds for purposes of the existing State volume limitation on tax-exempt debt instruments.
United States · United States Congress · 18 September 1985
Urges the President to bring about a new round of multilateral trade negotiations within the framework of the General Agreement on Tariffs and Trade (GATT) to resolve the outstanding issues affecting international trade and to expand and revise the scope of the GATT.
United States · United States Congress · 12 September 1985
Eliminates the requirement that individuals who are owner-employees with pension or profit-sharing plans (Keogh plans) must file a specified informational return (form 5500-c) in order to comply with certain provisions of the Internal Revenue Code. Requires the Secretary of the Treasury to prescribe a simplified information return.
United States · United States Congress · 10 September 1985
Amends the Impoundment Control Act of 1974 to provide that budget authority proposed to be rescinded or reserved in a special message transmitted to the Congress by the President shall be made available for obligation unless the Congress completes action within a specified period on a rescission bill disapproving the rescission of such authority.