United States · United States Congress · 29 October 1985
Expresses the sense of the House of Representatives that the antitrust enforcement policy guidelines stated in "Vertical Restraints Guidelines" published by the Department of Justice on January 23, 1985: (1) are not an accurate expression of the Federal antitrust laws or of congressional intent for the application of such laws to vertical restraints of trade; (2) should not be accorded any force of law or be treated by U.S. courts as binding or persuasive; and (3) should be recalled by the Attorney General.
United States · United States Congress · 24 October 1985
National Commission on Classified Information and Security Clearance Procedures - Establishes the National Commission on Classified Information and Security Clearance Procedures to investigate: (1) standards and procedures used by Federal authorities to issue security clearances and classify information; (2) procedures used to ensure that persons with a security clearance continue to meet required standards; (3) the extent to which current standards and procedures cause the classification of more information than required by national security; and (4) the dangers to national security by the growth in the number of persons holding security clearances. Directs the Commission to recommend to each branch of the Federal Government uniform standards and procedures for issuing security clearances, classifying documents, and ensuring that a security clearance continues to meet required standards. Makes provisions of the Federal Advisory Committee Act inapplicable to the Commission. Requires the Commission to make a final report to the President, the Congress, and the Supreme Court not later than one year after appropriations are first made for the Commission. Allows the restriction of public access to Commission documents. Terminates the Commission 30 days after submission of the final report.
United States · United States Congress · 24 October 1985
Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 23 October 1985
Authorizes the President to provide military assistance to the National Union for the Total Independence of Angola (UNITA). Authorizes appropriations for such purpose for FY 1986.
United States · United States Congress · 22 October 1985
Indian Economic Development Act of 1985 - Title I: Designation of Indian Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of Indian enterprise zones by the Secretary of the Interior for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Provides that tribal governments shall nominate areas for such designation. Limits the designation of Indian enterprise zones to 30 nominated areas over a 36-month period (one-third of which must be in areas with a population of less than 1,000). Limits the period during which such designation shall remain in effect. Provides that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the tribal government; (2) the boundary of the area is continuous; (3) the area is determined to be Indian lands by the Secretary; and (4) the area meets specified unemployment and poverty requirements. Requires nominating tribal governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, receiving commitments of private entities to assist employees and residents of the area, or actions for the partial limitation of tribal sovereign immunity for purposes of recourse in contract and other civil disputes within the zone. Terminates the authority of the Secretary to designate such Indian enterprise zones on July 1, 1986, or 36 months after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate Indian enterprise zones. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such Indian enterprise zones' designation. Requires that any tax reduction effected by a tribal commitment under the terms of this Act shall be disregarded for purposes of determining the eligibility of a tribe for Federal assistance or benefits. Specifies that a designation of an Indian enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquired Policies Act of 1970. Exempts Indian enterprise zones from certain requirements relating to Federal environmental policy. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers - Allows employers located in Indian enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three-year carryback and a 15-year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account $17,500 in wages per year per employee) plus a specified percentage of wages paid to certain disadvantaged workers for the first seven years of the Indian enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Subtitle B: Credits for Investment in Tangible Property in Indian Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in Indian enterprise zones. Limits such credit to five percent for zone personal property, ten percent for new zone construction property, and 20 percent for zone infrastructure investment. Phases out such credit in the last three years of the enterprise zone designation. Requires the recapture of such credit upon early disposition of the property. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to Indian enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act) and tribal governments and nonprofit enterprises operating within Indian enterprise zones. Authorizes Federal agencies, upon request by a designating tribal government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule changed. Disallows waiver or modification if a rule would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that no waiver or modification of a rule shall remain in effect for a longer period than the period for which the Indian enterprise zone designation is in effect. Title IV: Establishment of Foreign - Trade Zones in Indian Enterprise Zones - Requires the Foreign Trade Zone Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within Indian enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that, to the maximum extent practicable, foreign-trade zones should be established within Indian enterprise zones. Title V: Partial Waiver of Tribal Sovereign Immunity - Authorizes the Secretary to approve plans, pursuant to a tribal economic development plan, which include provisions for the partial waiver of sovereign immunity, including provisions for binding arbitration of contract and other civil disputes between tribal entities and non-tribal businesses or entities. Specifies that such a partial waiver of sovereign immunity shall not encumber nor diminish the trust assets of the tribe.
United States · United States Congress · 22 October 1985
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 · 22 October 1985
Suspends most-favored-nation treatment for Romania for six months. Directs the President, before the end of such six months, to: (1) assess the status of civil liberties and human rights in Romania; and (2) recommend to the Congress whether to extend the suspension of nondiscriminatory treatment to Romania.
United States · United States Congress · 22 October 1985
Promotion of Democracy in Angola Act of 1985 - Prohibits the United States or any U.S. person from making a loan or other extension of credit to Angola or to any organization owned or controlled by Angola. Exempts loans or credits for which an agreement is entered into before enactment of this Act. Directs the President, 90 days after enactment of this Act, to issue regulations prohibiting any U.S. person from making any investment in Angola. Exempts: (1) certain loans and extensions of credit; (2) investments of earnings from a business in Angola established before enactment of this Act which are made in that business; and (3) the purchase on a registered national securities exchange of securities in such a business. Amends the Foreign Assistance Act of 1961 to add Angola to the list of communist countries which may not receive assistance under such Act. Prohibits imports from, and exports to, Angola, except for exports of international disaster relief assistance. Directs the President to provide for enforcement of this Act. Imposes penalties for violations of this Act. Requires the provisions of this Act to terminate if the President certifies to the Congress that Angola: (1) is making a concerted and significant effort to comply with internationally recognized human rights; (2) has entered into discussions with its non-communist opposition; (3) has established certain laws; (4) has held free and fair elections by November 1, 1986; and (5) all troops from communist countries have withdrawn from Angola.
United States · United States Congress · 22 October 1985
Awards a congressional gold medal posthumously to Leon Klinghoffer to show the Congress' admiration for the bravery he displayed while kidnapped by terrorists. Authorizes the President to present the gold medal to his widow, Marilyn Klinghoffer. Authorizes appropriations.
United States · United States Congress · 16 October 1985
Prohibits the Administrator of the Environmental Protection Agency from issuing or renewing an ocean dumping permit for dumping municipal sludge within the "106-Mile Ocean Waste Dump Site" off New York and New Jersey, except for those authorities eligible to dump such sludge at the New York Bight Apex.
United States · United States Congress · 16 October 1985
Declares that the Congress: (1) condemns the hijacking of the Achille Lauro and the murder of Leon Klinghoffer; (2) commends the President and others who assisted in the apprehension of the perpetrators of such hijacking and murder; and (3) calls on all governments having jurisdiction over such matter to ensure that the individuals responsible for such hijacking and murder are prosecuted and punished. Expresses the sense of the Congress that the President should convene an international meeting to determine the steps which must be taken to rid the world of hijacking and the taking of hostages.
United States · United States Congress · 11 October 1985
1985 Act To Create the Death Penalty To Punish Terrorist Acts - Amends the Federal criminal code to provide for a penalty of death or life imprisonment for the crime of hostage taking if the death of an individual results from the commission or attempted commission of the offense of hostage taking. Makes it a criminal offense to commit or attempt to commit an act of terrorism within the United States or outside the jurisdiction of the United States against a United States person (as defined by this Act). Provides for a penalty of: (1) imprisonment for any term of years; or (2) death or life imprisonment if the death of an individual results from the commission or attempted commission of the offense. Defines an "act of terrorism" as an activity that: (1) involves a violent act or an act dangerous to human life that is a violation of the criminal laws of the United States or of any State; or (2) appears to be intended to either intimidate a civilian population, influence the policy of a government or to affect the conduct of a government by assassination or kidnapping. Defines a "United States person" as: (1) a national of the United States; (2) a resident alien admitted to the United States; (3) any person within the United States; (4) any employee or contractor of the United States regardless of nationality; (5) any proprietorship, partnership, company, or association composed principally of nationals of the United States; or (6) a corporation organized under the laws of the United States. Sets forth rules for the venue of a trial for the offenses of: (1) kidnapping; (2) receiving of ransom money; (3) hostage taking; and (4) commission of terrorist acts. Requires the Government, in cases where the death penalty is sought for the offenses of hostage taking and acts of terrorism, to file with the court and serve upon the defendant notice that the Government will seek the death penalty in the event of a conviction. Requires such notice to set forth the aggravating factors which the Government will seek to prove as the basis for the death penalty. Requires the court to conduct a separate sentencing hearing to determine the sentence to be imposed in such cases where the Government has filed notice of intent to seek the death penalty and where the defendant has been convicted or has entered a guilty plea. Sets forth standards and procedures for such hearings. Provides that no presentence report shall be prepared in such cases. Allows information to be presented as to any matter relevant to the sentence including matters relating to any aggravating or mitigating factors. Specifies certain aggravating and mitigating factors which may be considered. Requires the jury (or the court if there is no jury) to return special findings identifying any mitigating and aggravating factors. Requires the jury by unanimous vote (or the court if there is no jury) to return a finding as to whether a sentence of death is justified. Requires the court to sentence the defendant to death, upon a finding that a sentence of death is justified. Requires a court to instruct the jury that in its consideration as to whether the death penalty is justified it shall not consider the race, color, national origin, creed, or sex of the defendant. Requires each juror to certify that such factors were not involved in reaching his or her individual decision. Allows the court to impose a sentence of life imprisonment without possibility of parole in such cases in which the death penalty is not sought or imposed. Allows for an appeal of a death sentence. Sets forth the standard of review for such appeals.
United States · United States Congress · 10 October 1985
Declares that the Congress: (1) condemns the Government of the Soviet Union for the killing of Charles Thornton (an American journalist in Afghanistan) in violation of Protocol I (a treaty relating to the protection of victims of international armed conflict); and (2) calls upon such government to abide by the terms of such treaty, including provisions that protect journalists working in areas subject to armed conflict.
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
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 · 2 October 1985
Corporation for Small Business Investment Charter Act - Amends the Small Business Investment Act of 1958 to provide that references to small business investment companies operating under the Act shall be deemed to refer to small business investment companies operating under the provisions of this Act. Includes in the term "small business investment company" any organization which is qualified to conduct business with the Corporation for Small Business Investment. Requires small business investment companies to provide a source of equity capital for incorporated and unincorporated small businesses under such terms as the small business investment company may fix in accordance with the rules of the Corporation. (Currently, such capital is provided by small business investment companies in accordance with the regulations of the Small Business Administration.) Provides that small business investment companies may provide to small businesses: (1) equity investments and loans on a participation or guaranteed basis; and (2) consulting and advisory services on a fee basis. Establishes the Corporation for Small Business Investment. Authorizes the Corporation to: (1) make loans to small business investment companies; (2) purchase preferred securities, debentures, and guarantee debentures issued by such companies; and (3) act as issuer of such securities. Requires the Corporation to establish criteria for the qualification of: (1) small business investment companies to conduct business with such corporation; and (2) small business investment companies whose investments will be made solely in small businesses which will help facilitate the ownership in such businesses by persons who have been hampered by social or economic disadvantages. Permits the purchase of ownership interests in small business investment companies by national banks. Authorizes small business investment companies to: (1) purchase stock issued by the Corporation; (2) borrow money; and (3) issue its debenture bonds, promissory notes, or other obligations under conditions as prescribed by the Corporation. Authorizes and directs the Corporation and the Small Business Administration (SBA) to enter into an agreement in which the Corporation will acquire title to preferred securities and debentures issued by small business investment companies whose policy is to facilitate small business ownership by socially and economically disadvantaged persons, and held by the SBA, and Funds held by the SBA representing the reserve for losses against such preferred securities and debentures. Sets forth the conditions under which the Corporation shall hold such securities, debenture, and loss reserve Funds. Authorizes the Corporation to: (1) enter into agreements regarding the operation of small business investment companies; and (2) issue common and preferred stock. Authorizes the Secretary of the Treasury to purchase obligations issued by the Corporation. Exempts from the securities laws of the United States all stock and obligations issued by the Corporation. Requires the Corporation to adopt rules on conflicts of interest which may be detrimental to: (1) small businesses; (2) small business investment companies; or (3) the Corporation. Requires the accounts of the Corporation to be audited annually. Requires a report of each such audit to be: (1) furnished to the Secretary; and (2) made by the Secretary to the President and the Small Business Committees of the Congress not later than six months following the close of each fiscal year. Requires the Corporation, after the end of each fiscal year, to transmit to the President, the Small Business Committees of the Congress, and the Administrator a report of its operations and activities during each year. Exempts from State usury laws all business loans made by a small business investment company pursuant to this Act. Transfers to the Corporation all title to small business investment company securities that are guaranteed by the SBA and held by the Federal Financing Bank.
United States · United States Congress · 26 September 1985
Expresses the sense of the House of Representatives that: (1) the antitrust enforcement policy guidelines stated in "Vertical Restraints Guidelines" published by the Department of Justice on January 23, 1985, are not an accurate expression of the Federal antitrust laws or of congressional intent for the application of such laws to vertical restraints of trade, should not be accorded any force of law or be treated by U.S. courts as binding or persuasive, should be recalled by the Attorney General, and should not be reissued before providing for public participation in their formulation; and (2) any antitrust enforcement policy guidelines of the Department of Justice do not have the force of law and cannot modify or supersede the antitrust laws.
United States · United States Congress · 19 September 1985
Amends the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 to prohibit any Soviet citizen from being employed at U.S. missions in the Soviet Union after September 30, 1986. Expresses the willingness of the Congress to provide additional funds to the State Department to hire U.S. citizens to replace Soviet citizens at U.S. missions in the Soviet Union.
United States · United States Congress · 19 September 1985
Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require, when student loan defaults reach certain levels: (1) the suspension or reduction of Federal capital contributions for FY 1986 and 1987 to the student loan fund of an institution of higher education under the direct student loan program; and (2) the suspension of a lender's eligibility under the guaranteed student loan program. Directs the Secretary of Education to report to the Congress, within one year after the enactment of this Act, on the effectiveness in reducing student loan defaults of such regulations requiring suspension (for a default rate above 25 percent) or reduction (for a default rate between ten and 25 percent) of Federal capital contributions to a school's student loan fund under the direct student loan program, including recommendations for further reduction of such defaults by extending such regulations beyond FY 1987 and/or other measures. Requires each guaranty agency having an agreement with the Secretary to provide information necessary to carry out the requirement of suspension of the eligible lender status under the guaranteed student loan program of any lender whose default rate exceeds 25 percent. Grants the Secretary specified authority for investigations or hearings to carry out such requirement. Authorizes the Secretary to lift such a suspension of eligibility upon determination that the lender has corrected the practices which led to the suspension.
United States · United States Congress · 19 September 1985
Covert Agent Disclosure Federal Pension Forfeiture Act - Requires the forfeiture of Federal employee retirement benefits upon conviction of the felony of the unauthorized disclosure of the identity of a covert agent.
United States · United States Congress · 18 September 1985
National Commission to Prevent Infant Mortality - Establishes the National Commission to Prevent Infant Mortality (Commission). States the duties of the Commission, which include: (1) identifying and examining Federal, State, local, and private resources which affect infant mortality; (2) identifying barriers to the health care needed to prevent high infant mortality; and (3) reviewing and carrying forward appropriate recommendations that promote the health status of childbearing women and their infants. Directs the Commission to: (1) recommend a national policy designed to improve the current approach to preventing infant mortality; and (2) recommend specific changes needed in Federal laws and programs. States that the provisions of the Federal Advisory Committee Act shall not apply to the Commission. Sets forth the powers of the Commission. Directs the Commission to transmit a report detailing its findings and recommendations to the President and the Congress. Provides for the termination of the Commission. Authorizes appropriations.
United States · United States Congress · 12 September 1985
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to add a new title IV: State and Local Coordination of Emergency Response; Community Right to Know. Directs each Governor to appoint an emergency response commission to coordinate response planning in such State for hazardous substance emergencies. Directs these commissions to designate local emergency response committees to develop and implement emergency response plans in case of a hazardous substance emergency. Requires such plans to include emergency notification personnel and procedures, evacuation plans, and an assessment and use plan for local medical and police resources. Requires owners and operators of covered facilities which produce, use, or store hazardous substances to file with local committees a hazardous substance report setting forth the following information for each substance: type; amount; location; emergency and first aid procedures; routes and symptoms of exposure; and emergency personnel to contact. Requires the periodic updating of such reports. Directs the Administrator to publish and update a list of covered hazardous substances requiring such a report. Permits individuals or a local committee to petition the Administrator to add a substance to such list. Requires such owners and operators to submit to the Administrator and the committee and other State and local officials a material safety data sheet on each listed chemical which shall also be furnished with shipments of such substance. Excludes from coverage under these requirements certain small manufacturers, research laboratories, and consumer users. Requires such sheet to be updated and kept (for 30 years), and the information to be made available to the public via a toll-free telephone number. Permits other exemptions from these requirements as specified. Sets forth emergency notice and bulletin procedures a covered operator must follow in the case of any hazardous substance emergency, including notifying the appropriate government officials. Requires such bulletins to include a full description of the nature and scope of the emergency, together with any recommendations for action. Requires that all such plans, reports, data sheets, and bulletins be made available for public inspection. Requires that medical personnel be granted access to necessary information by any owner or operator required to file data sheets or reports. Requires such personnel to maintain the confidentiality of such information beyond health purposes. Permits owners and operators to withhold trade secret information from the data sheets and reports for all but health-related purposes. Sets forth standards for determining what constitutes a trade secret and requires the Administrator to establish procedures for citizen challenge of such a designation. Establishes civil and criminal penalties for violations of these information requirements. Permits citizen suits to enforce this Act. Permits States and local governments to also require the submission of hazardous chemicals information. Authorizes appropriations for FY 1986 through 1990 to the Federal Emergency Management Agency for training government personnel to cope with hazardous substance emergencies.
United States · United States Congress · 11 September 1985
Gifted and Talented Children and Youth Education Act of 1985 - Establishes a Federal gifted and talented education (GTE) program to improve the capability of State and local education agencies (SEAs and LEAs) and private nonprofit schools to: (1) identify gifted and talented children and youth; and (2) provide those children and youth with appropriate educational opportunities. Directs the Secretary of Education from specified sums appropriated under this Act and after consultation with the advisory committee established by this Act to make grants to or contracts with SEAs, LEAs, institutions of higher education, or other public and private agencies to assist them in carrying out authorized GTE programs or projects, including personnel or supervisory training. Sets forth authorized GTE programs and projects, including: (1) preservice and inservice training (including fellowships) for GTE personnel (including leadership personnel); (2) model projects and exemplary programs for identification and education, including summer programs and cooperative programs involving business, industry, and education; (3) strengthening SEA and higher education institutions' capability to provide leadership and assistance to LEAs and nonprofit private schools in planning, operating, and improving such programs; (4) technical assistance and information dissemination; (5) research on methods and techniques for identifying and teaching gifted and talented children and youth; (6) conducting program evaluations and surveys; and (7) developing information and analysis. Establishes the National Center for Research and Development in the Education of Gifted and Talented Children and Youth (the National Center) through grants or contracts with one or more higher education institutions or SEAs, or a consortium or combination of such institutions and agencies, to carry out clauses (5), (6), and (7) of the preceding paragraph. Requires the Director of the National Center to carry out such National Center functions as may be agreed upon through arrangements with other higher education institutions, SEAs, LEAs, or other public or private agencies and organizations. Limits to 30 percent of the funds for authorized programs and projects that portion which may be used to conduct activities pursuant to provisions relating to the National Center and its research, evaluation, and information functions. Directs the Secretary and the advisory committee established by this Act, in administering this Act, to give highest priority to programs for: (1) identifying and educating gifted and talented children and youth who may not be identified through traditional assessment measures (such as the limited-English speaking, economically disadvantaged, handicapped, and women); and (2) developing or improving the capability of schools in an entire State or region of the Nation, through cooperative efforts and participation of SEAs, LEAs, higher education institutions, and other public and private agencies and organizations (including business, industry, and labor) to identify and educate gifted and talented children and youth. Sets forth provisions relating to participation of private school children and teachers in programs under this Act. Directs the Secretary to appoint an advisory committee on GTE, with members representative of State education agencies, teacher education institutions, researchers, teachers, and parents. Directs the Secretary to establish or designate an administrative unit within the Department of Education to: (1) administer the programs authorized by this Act; (2) coordinate all GTE programs that the Department administers; and (3) serve as a focal point for national leadership and information on the educational needs of gifted and talented children and youth and the availability of services and programs to meet those needs. Requires that such administrative unit be headed by a person of recognized professional qualifications and experience in GTE. Authorizes appropriations for FY 1987 through 1991.
United States · United States Congress · 10 September 1985
Amends title XVIII (Medicare) of the Social Security Act to provide coverage for services performed by a physician assistant under the supervision of a physician.
United States · United States Congress · 4 September 1985
Enterprise Zone Development and Employment Act of 1985 - Title I: Designation of Enterprize Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Provides that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 100 nominated areas, by the later of a 24 month period or July 1, 1985 (one-fourth of which must be in rural areas). Limits the period during which such deisgnation shall remain in effect. Provides that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (with a population of at least 50,000) or 1,500 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local 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, permitting State and local income tax deductions for fees for services performed by a nongovernmental entity formerly performed by a governmental entity, giving special preference to contractors owned and operated by members of a minority, and giving of surplus land in the enterprise zone to neighborhood organizations agreeing to operate a business on the land. Describes areas to which preference shall be given in deciding to designate enterprise zones. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Treats any area designated as an enterprise zone as a labor surplus area under Federal law. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in 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 a maximum of $17,500 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such economically disadvantaged credit. Disallows a deduction for the portion of the wages or salaries taken into account for such credit. Requires that where there is an early termination of employment by an employer in the case of qualified economically disadvantaged individuals, the tax for that taxable year in which the termination occurred must be increased by the tax credits allowed for such employees. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $10,500 in wages per year). Phases out such credit. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investments made in certain enterprise zone construction property located in enterprise zones. Limits such credit to ten percent for new enterprise zone construction property, including rental property. Requires that the property subject to such credit be located in an enterprise zone, be predominantly used in the zone, be either constructed, reconstructed, renovated, etc. during the period of zone designation or acquired during such period, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon the early disposition of the property. Provides for a phase-out of the enterprise zone tax credit as the enterprise zone ends. Provides for an adjustment to the basis of the enterprise zone construction property to reflect the enterprise zone tax credit. Subtitle C: Nonrecognition of Qualified Enterprise Zone Capital Gain Where Acquisition of Enterprise Zone Business Property - Provides for the nonrecognition of capital gain on the sale of property where within the one-year period beginning on the date of such sale qualified replacement property is acquired by the taxpayer, to the extent the gain from the sale does not exceed the cost of the replacement property. Defines "qualified replacement property" as any personal property used predominantly in an enterprise zone in the active conduct of a trade or business within the enterprise zone, any real property located in the enterprise zone used in the active conduct of a trade or business, or any corporation, partnership, or other entity if, for the three most recent taxable years of such entity ending before the date of the purchase of such interest, such entity was a qualified business. Sets forth special rules for the operation of this provision. Requires the basis of the replacement property to be reduced by an amount equal to the amount of gain not recognized on the sale of such other property. Extends the period for the statute of limitations relating to the assessment of tax with respect to the sale of property involving the nonrecognition provisions. Provides that the holding period for the qualified replacement property shall include the period for which the property sold or exchanged had been held as of the date of the sale or exchange. Subtitle D: Deduction for Purchase of Enterprise Stock - Allows a taxpayer to deduct the aggregate amount paid during the taxable year for the purchase of enterprise stock on the original issue of such stock by a qualified issuer. Limits the maximum amount of such deduction to $100,000 a year. Requires that the $100,000 limit must be allocated among the members of a controlled group. Requires the pro rata allocation of the $100,000 limit among the stock purchased where the aggregate amount of stock purchased exceeds the $100,000 limitation. Requires that the gain from the disposition of the stock shall be treated as ordinary income. Provides a formula for calculating such gain. Provides that interest is charged on the disposition of such stock if such disposition occurs before the end of the three-year period beginning on the date the stock was purchased. Provides that where an issuer ceases to be a qualified issuer of enterprise stock before the close of the fifth taxable year after the date the stock was issued, the taxpayer must include in income the amount of the deduction allowed with respect to such stock plus interest on the aggregate decrease in tax of the taxpayer resulting from the deduction allowed with respect to such stock. Sets forth special rules with respect to such stock. Requires the basis of such stock to be reduced by the amount of the deduction allowed with respect to such stock. Subtitle E: 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 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. Subtitle F: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone businesses which become worthless during the taxable year. Subtitle G: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases the tax credit for increasing research activities to 37 and one-half percent. (currently, 25 percent for research conducted in enterprise zones). Subtitle H: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Subtitle I: Regulations - Directs the Secretary of the Treasury to issue regulations to carry out the provisions of this Act not later than six months after the date of enactment. 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 governments and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating 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 unchanged. Disallows waiver or modification of a rule that 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 such waivers or modifications of a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within 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 enterprise zones.
United States · United States Congress · 1 August 1985
Directs the Administrator of the Environmental Protection Agency to report to the Congress within one year an evaluation on the threat to human health of radon gas and radon daughters forming from naturally occurring deposits of uranium and collecting in residences. Directs the Administrator to conduct a demonstration program testing methods of reducing or eliminating the threat, reporting periodically to the Congress on the results. Authorizes appropriations. Amends the Disaster Relief Act of 1974 to include assistance for releases of radon gas.
United States · United States Congress · 31 July 1985
Surface Transportation and Uniform Relocation Assistance Act of 1985 - Title I: Federal-Aid Highway Act of 1985 - Federal-Aid Highway Act of 1985 - Directs the Secretary of Transportation to: (1) apportion for FY 1987 and 1988 the sums authorized to be appropriated for such years for expenditure on the National System of Interstate and Defense Highways; (2) transmit to the Congress within ten days after January 2, 1989, a revised cost estimate for completing the Interstate System; (3) use the Federal share of congressionally approved estimates in making apportionments for FY 1991; and (4) apportion for FY 1986 and 1987 certain sums for substitute highway and urban mass transit projects. Reduces the authorized appropriations per fiscal year for highway assistance programs for FY 1986 through 1990. States that 25 percent of substitute highway project funds for FY 1987 through 1990 shall be distributed at the Secretary's discretion. Directs the Secretary to use the Federal share of certain congressionally approved substitute highway cost estimates in making apportionments for FY 1987 through 1990. Sets distribution guidelines for the apportionment of substitute transit funds for FY 1987 through 1990. Amends the Federal-Aid Highway Act of 1956 to authorize appropriations for the Interstate System through FY 1991. Sets a ceiling, with specified exceptions, for the total of all obligations for Federal-Aid Highways and highway safety construction programs for FY 1986 through 1990. Sets guidelines for redistribution by the Secretary of unused obligational authority among the States. Authorizes appropriations out of the Highway Trust Fund for FY 1986 through 1990 for: (1) the Federal-aid primary system in rural areas; (2) the Federal-aid secondary system in rural areas; (3) the Federal-aid urban system; (4) Indian reservation roads; (5) forest highways; (6) public lands highways; and (7) parkways and park highways. Requires that a minimum of ten percent of the authorized appropriations be expended with small businesses owned and controlled by socially and economically disadvantaged individuals. Revises the apportionment ratios for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System. Extends the authorization formula for Federal-aid primary systems from FY 1986 to 1990. Prohibits Federal approval of State projects on any Federal-aid system unless: (1) the State agrees to provide displaced owners with relocation assistance equal to Federal relocation assistance; (2) the displacement is authorized by State law and is in accordance with the terms of the rental agreement; and (3) the displacement is directly necessitated by such project. Requires contracts relating to State highway department construction projects upon the Federal-aid system to include a standard clause concerning site conditions which differ from those specified in the contract. Permits the use of convict labor and convict-produced materials in highway construction on Federal-aid systems: (1) if such convicts are on supervised release; or (2) if the materials are produced by convicts in a qualified prison facility, but the amount of materials produced in any 12-month period does not exceed the amount previously produced in such facility during the 12-month period ending July 1, 1985. Provides that apportioned funds not obligated within the authorized fiscal year for the Interstate System within a State shall be made available by the Secretary according to certain priorities (including high cost projects for construction of high occupancy vehicle lanes and other lanes on any highway in Los Angeles County, California, designated as part of the Interstate System). Authorizes the Secretary to make discretionary funds available to California for construction of high occupancy vehicle lanes, even if such State does not meet certain eligibility criteria. Makes funds available to Puerto Rico for construction of access and development roads on a Federal-aid system. Makes the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands eligible for emergency relief funding. Exempts tank trucks and ocean transport containers from vehicle weight and length limitations until September 1, 1988. Allows Federal participation in a State toll road which is part of the Interstate System even though the State highway department and the toll road authority have incurred an indebtedness to finance certain ineligible construction expenses for a feature recommended by a final environmental impact statement. Authorizes appropriations out of the Highway Trust Fund for FY 1986 through 1990 for highway beautification. Extends from March 9, 1984, to July 1, 1985, the deadline by which States may use certain Federal-aid highway funds for additional route designations on the Interstate System. Exempts a certain route designation in Weirton, West Virginia, from such deadline. Increases the amounts available for FY 1986 through 1990 for the discretionary bridge program. Authorizes the Secretary to approve, upon application by Arkansas, Federal assistance for construction of a highway bridge to replace ferryboat service. Limits the Federal share of such construction cost to 80 percent. Limits the amount of certain Interstate highway funds which the States may expend for purposes of transportation planning. Authorizes appropriations out of the Highway Trust Fund for Federal-aid highway purposes for FY 1986 through 1990. Directs the Secretary to establish national bridge safety inspection standards for all highway bridges. Prescribes guidelines for such standards. Directs the Secretary to establish a training program for bridge inspectors. Directs the Secretary to: (1) implement a strategic highway research program; and (2) set aside specified funds for FY 1987 through 1991 to implement such program. Changes Buy American provisions to increase from 50 percent to 85 percent the domestic content requirements for certain manufacturers of buses and other rolling stock. Makes eligible for Federal-aid highway funds the construction costs of a certain alternative interstate route in Massachusetts which provides access to an international airport. Authorizes Arkansas to use apportioned funds for the planning, design, and construction of a specified highway. Limits the amount of apportioned funds available for FY 1987 through 1989 for rehabilitation of elevated toll roads in Chicago, Illinois. Prohibits the obligation of Federal funds for: (1) route construction on the National System of Interstate and Defense Highways located mainly in a landfill placed in a river after May 1, 1985; and (2) substitute highway or transit projects which include landfill construction (exempts landfills necessary to preserve existing waterfront character and facilities). Sets guidelines for the obligation of Federal funds for alternative interstate projects. Makes certain interstate lane construction projects eligible for certain Federal-aid highway funds. Authorizes the Secretary to approve (upon the joint request of the Governor of California and the local governments concerned) a substitute transit construction project for a fixed guideway system in lieu of eligible interstate lane construction if the substitute project is in or adjacent to the proposed right-of-way for such lanes. Directs the Secretary to approve certain transfer concept plan modifications requested by the Governors of Maryland and Connecticut which include substitute highway and mass transit projects. Prescribes criteria for such approval. Exempts a certain privately-owned facility located on specified Interstate routes in Michigan from Federal prohibitions against commercial establishments on commercial rights-of-way of the Interstate System. Declares that the fair market value of any lands donated to California for the right-of-way for relocation and construction of a certain highway in Orange County shall be credited to the non-Federal share of such project costs. Authorizes the Secretary to approve construction of a certain Interstate route section in Hawaii. Releases the State of Maryland from certain road conveyance requirements under the Federal-Aid Highway Act of 1970. Authorizes appropriations for railroad-highway crossing demonstration projects for FY 1986 through 1990. Authorizes appropriations out of the Highway Trust Fund for FY 1986 for rights-of-way acquisition and railroad construction costs in the vicinity of Carbondale, Illinois. Requires the Secretary to: (1) make a grant to each State within which the Consolidated Rail Corporation operates a rail vehicle safety demonstration program over railroad-highway crossings; and (2) report to the Congress regarding such program's effectiveness in improving railroad-highway crossing safety. Authorizes appropriations for such programs for FY 1986 through 1990. Directs the Secretary to complete a gap on the Federal-aid primary system in an urban area in Passaic County, New Jersey, utilizing procedures to accelerate design and construction. Requires the Secretary to report to the Congress, not later than 180 days after the completion of such project, on its results, including specified analyses. Directs the Secretary to carry out the following demonstration projects: (1) in Brick Township, New Jersey, to demonstrate methods of improving traffic operations and reducing accidents at a high-volume rotary intersection; (2) in the vicinity of Johnstown, Pennsylvania, to demonstrate methods by which a highway construction project on the Federal-aid primary system will enhance highway safety and economic development in an area of high unemployment; (3) in the vicinity of Fort Smith, Arkansas, to demonstrate the economic growth and development benefits of widening a segment of the Federal-aid urban system connecting a community college and a large commercial center, and of improving traffic signalization on such segment; (4) in the vicinity of Moorhead, Minnesota, to demonstrate the economic and safety benefits of constructing a grade separation between a railroad line and a highway on the Federal-aid urban system; (5) in the vicinities of Fosston and Bagley, Minnesota, to demonstrate the economic and safety benefits of reconstructing two segments of a major highway on the Federal-aid primary system; (6) in Kentucky, to demonstrate methods of improving traffic flow and safety on a State highway which connects an Interstate route in the vicinity of the City of Dry Ridge with a highway on the Federal-aid primary system in the vicinity of the City of Owentown; (7) in San Bernardino County, California, in the vicinity of the Ontario International Airport, to demonstrate methods of improving highway access to an airport which is projected to incur a substantial increase in air service; (8) in Pennsylvania, to demonstrate the state of the art delineation technology by closing a gap in a multi-lane limited access road connecting the City of Altoona to the Borough of Tyrone in Blair County; (9) in Lafayette, Louisiana, to demonstrate the benefits on traffic flow and transportation of labor and materials by construction of a highway to provide limited continuous access between an Interstate route and a highway on the Federal-aid primary system; (10) in Shreveport, Louisiana, to demonstrate methods of reducing traffic congestion in the central business district, improving access to such district, providing highway continuity, and satisfying national defense requirements by connecting two Interstate routes; (11) in Miami, Florida, to demonstrate the most cost-effective method of improving interstate motor vehicle access for passengers and cargo moving to and from the port of Miami; (12) in Arkansas and Missouri, to demonstrate methods of improving highway safety and of accelerating highway construction on specified segments on the Federal-aid primary system; (13) in the vicinity of Sanford, Florida, to demonstrate methods of reducing costs and expediting construction of an interchange by contracting with a private consultant to design and construct such project; (14) in the vicinity of San Jose and Santa Clara, California, to demonstrate a unified method of reducing traffic congestion where a Federal-aid urban highway intersects with two other of such highways on a railroad crossing; (15) in the vicinity of the C&O Canal in the District of Columbia, to improve motor vehicle access at a major traffic generator without decreasing the efficiency of a Federal-aid primary highway; (16) in the vicinity of Pardee, West Virginia, to demonstrate the improvement in motor vehicle transportation of energy resources resulting from the completion of a consolidated network of modern highway; (17) in Modesto, California, to demonstrate methods by which construction of a grade separation for a railroad crossing of a primary highway enhances urban redevelopment and the effectiveness of a planned transportation center; (18) in Kalamazoo, Michigan, to demonstrate the benefits of cooperation between the private sector and the government in relieving traffic congestion caused by a railroad crossing a Federal-aid highway through construction of a highway overpass; (19) in East Milton, Massachusetts, to demonstrate the advantages of joint development and use of air rights in the construction of a deck over a depressed portion of an Interstate route; (20) in Alabama, to demonstrate methods of accelerating the widening of a high volume segment of a primary highway necessary for rapid evacuation of individuals during emergency weather conditions; (21) in the vicinity of Wilder, Kentucky, to demonstrate the economic benefits to a port facility, industrial complex, and foreign trade zone by reconstruction of a segment of an urban highway which connects an Interstate route with a port facility; (22) in Illinois, to demonstrate the safety benefits of providing additional and improved vehicular passing opportunities on, adding truck climbing lanes to, and straightening a segment of a primary highway which carries a high volume of traffic in Jo Daviess and Stephenson Counties; (23) in Allentown, Pennsylvania, to demonstrate methods of accelerating construction to eliminate a major rail-highway crossing at grade, reducing traffic delays for rail and vehicular traffic, and minimizing the impact on the surrounding urban environment; (24) in Riverside, California, to demonstrate methods of improving safety on a specified highway; (25) in Buffalo, New York, to demonstrate methods of facilitating redevelopment of a waterfront area by construction of a connector off a primary highway; (26) in Cleveland, Ohio, to demonstrate the relationship between infrastructure improvement and economic vitality; (27) in Lauderdale and Colbert Counties, Alabama, to demonstrate methods of improving highway transportation and enhancing economic development through construction of a bridge to cross the Tennessee River; (28) in the vicinity of Huron, Ohio, to demonstrate methods of enhancing highway safety and economic development in an area of high unemployment through construction of a bypass segment to provide access to an amusement park; (29) in Chicago, Illinois, to demonstrate the cost savings to be obtained by converting a fixed-span bridge to a movable bridge; (30) in Harney County, Oregon, to demonstrate methods of protecting roadways against damage and destruction due to wave erosion; (31) in Wayne County, Michigan, to demonstrate the benefits of enhancing safety and improving economic vitality of a depressed area; (32) in Cook County, Illinois, to demonstrate the benefits from specified highway reconstruction; (33) in Erie County, New York, to demonstrate methods of enhancing safety and reducing traffic congestion by relocating an interstate route terminus; (34) in the vicinity of Mount Vernon, Kentucky, to demonstrate methods of improving highway safety and traffic flow and access to a national river and recreation area; (35) in Pine City, Minnesota, to demonstrate methods of improving highway safety and traffic flow by constructing an interchange between certain highways; (36) in Paso Robles, California, to demonstrate methods of improving highway safety and traffic flow and enhancing economic development through the construction of a two-lane bridge spanning the Salinas River, a highway, and a railroad line; (37) in Columbus, Ohio, to demonstrate methods of relieving traffic congestion through reconstruction of highway portions in an interstate route connecting Columbia with its airport; (38) in Suffolk County, New York, to demonstrate construction techniques to accelerate upgrading an existing highway to freeway standards with minimum traffic disruption; (39) in the vicinity of Southington, Connecticut, to demonstrate the latest construction techniques in reconstructing a segment of urban highway, and in the vicinity of Kent Center, to demonstrate methods of solving safety and flooding problems on a primary highway; (40) in Dover, New Jersey, to demonstrate traffic congestion reduction methods on an existing bridge and facilitating the redevelopment of the central business district; (41) in Los Angeles County, California, to demonstrate methods of improving vehicular circulation related to intermodal transportation or port-related traffic and alleviating congestion caused by increased port activities; (42) in the vicinity of the Greater Pittsburgh International Airport to demonstrate methods of improving economic development and airport terminal placement; (43) in Steuben County, New York, to demonstrate how the economy of an industrialized high unemployment area can be improved by completing key elements of a controlled highway which serves such area; (44) in Santa Rosa and Petaluma, California, to demonstrate how traffic congestion can be relieved by reconstructing a certain arterial which connects the two cities; (45) in the vicinity of Tampa, Florida, to demonstrate motor vehicle congestion relief measures and improve motor vehicle access between rapidly growing urban areas; (46) in Savannah, Georgia, to demonstrate how replacing an obsolete bridge with a modern highway-level structure will improve vehicular and waterborne traffic flow; (47) in New Sewickly, Pennsylvania, to demonstrate methods of accommodating increasing truck traffic and improving highway safety; (48) in the vicinity of Croyle Township, Pennsylvania, to demonstrate methods of improving public access to a flood memorial; (49) in Orange, Texas, to demonstrate how rail line consolidation will reduce motor vehicle traffic congestion and increase jobs in a high unemployment area; (50) in Baton Rouge and East Baton Rouge, Louisiana, to demonstrate traffic congestion alleviation methods; (51) in Minden, Louisiana, to demonstrate enhanced economic development by providing Minden with alternative highway access to the Interstate System; (52) in the area of Brunswick-Topsham, Maine, to demonstrate increased access to defense related facilities by the construction of a limited access highway connecting a major interstate highway corridor with a naval air station and a shipyard engaged in defense production activities; (53) in Isle of Palms, South Carolina, to demonstrate increased accessibility to a sea island by construction of a high-level fixed span bridge over a high-volume intracoastal waterway segment; (54) in Clarksville, Tennessee, to demonstrate highway safety improvement methods by providing direct access from the Fort Campbell Military Reservation; (55) between Clarinda and Shenandoah, Iowa, to demonstrate how highway rehabilitation in an economically depressed rural area will increase economic activity; (56) in the vicinity of Oceanside and Escondido, California, to demonstrate methods of reducing traffic congestion by expanding an interstate route connection; (57) in St. Charles County, Missouri, to demonstrate methods of alleviating commuter traffic congestion by construction of a bypass highway; (58) in Hammond, Indiana, to relocate railroad lines in order to eliminate railroad-highway grade crossings; (59) in Shawnee, Oklahoma, to demonstrate small community air service improvement by extending a runway over a depressed road; (60) between Concord and West Pittsburg, California, to demonstrate improved highway safety through highway modification; (61) in Georgia, to demonstrate improved highway safety by reconstructing as a six-lane controlled access freeway a certain highway segment between a specified State route and Interstate routes; (62) in Pike County, Kentucky, to demonstrate highway safety improvement in a mountainous area; (63) in Madison County, Illinois, to demonstrate the economic benefits of reconstructing a road segment serving a high-growth industrial area; and (64) in Erwin, Tennessee, to extend a certain highway on the Appalachian development system for transportation improvement purposes. Directs the Secretary to submit status reports to the Congress regarding the highway demonstration projects. Authorizes appropriations for such demonstration projects for FY 1986 through 1990. Authorizes the Secretary to implement highway projects on the Federal-aid system in Wheeling, West Virginia, at full Federal expense, upon the request of local officials. Authorizes appropriations for such projects from sums appropriated to implement a certain railroad-highway demonstration project. Amends the Federal-Aid Highway Act of 1978 to direct the Secretary to implement specified state-of-the-art bridge construction technology projects in Ohio. Requires the Secretary to report to the Congress regarding such projects. Authorizes the Secretary to prepare an environmental impact statement regarding additional highway capacity in Staten Island, New York. Authorizes appropriations. Designates a certain portion of an Oklahoma State Route which lies on the Federal-aid primary system as United States Highway 377. Designates a certain bridge crossing the Mississippi River near Le Claire, Iowa, as the Fred Schwengel Bridge. Directs the Secretary to conduct feasibility studies and report to the Congress regarding: (1) highway expenditures, revenues and relative needs; (2) highway apportionment and allocation formulas; (3) enforcement of vehicle weight limitation on bridges; (4) highway bridges which cross rail lines; (5) improvement of the Theodore Roosevelt Bridge connecting the District of Columbia and Virginia; (6) flood prevention methods on an Interstate route between Galveston and Houston, Texas; (7) constructing a highway between Aurora-Hoyt Lakes and Silver Bay, Minnesota; (8) the cost-effectiveness of upgrading a certain highway between Pennsylvania and New York State; (9) State bridge management programs; (10) establishing minimum Federal guidelines for maintenance of the Federal-aid primary, secondary and urban systems; (11) a proposed highway from Shreveport, Louisiana, to Texarkana, Fort Smith, and Fayetteville, Arkansas, and Carthage and Kansas City, Missouri; (12) a highway connecting Santa Fe, New Mexico, and the Los Alamos National Laboratory. Authorizes appropriations. Requires the Secretary to make a grant to the California Department of Transportation to determine the feasibility of using a highway electrification system as an energy source for highway vehicles. Authorizes appropriations. Title II: Highway Safety Act of 1985 - Highway Safety Act of 1985 - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1986-1990 for the following programs: (1) bridge replacement and rehabilitation; (2) hazard elimination; (3) highway safety research and development under the auspices of the National Highway Traffic Safety Administration and the Federal Highway Administration. Authorizes appropriations for highway safety programs for: (1) FY 1988 through 1990 implemented by the National Highway Traffic Safety Administration (NHTSA); and (2) FY 1987-1990 implemented by the Federal Highway Administration (FHWA). Amends the Surface Transportation Assistance Act of 1982 to authorize appropriations for FY 1987 for highway safety programs implemented by the NHTSA. Sets forth minimum amount of authorized funds which must be obligated for enforcement of the national speed limit and for safety belt programs. Sets an obligation ceiling for highway safety programs for FY 1986 through 1990. Amends the Surface Transportation Assistance Act of 1982 to authorize appropriations for FY 1984 through 1990 to make grants to the States for enforcement of commercial motor vehicle safety standards. Sets forth a weighted compliance formula to be used by the Secretary in determining a State's apportionment of Federal-aid highway funds based upon State enforcement of the national speed limit. Amends the penalty for a State's non-compliance with the national minimum drinking age laws to require the Secretary to withhold certain apportioned amounts from such State on the first of each fiscal year after the second fiscal year beginning after September 30, 1985, in which purchase or public possession of alcoholic beverages by a person under 21 years of age is lawful. Sets forth guidelines under which withheld funds shall be available subject to State compliance. Revises the State eligibility criteria under which the States may receive alcohol traffic safety program grants. Declares that State reports regarding certain hazard elimination programs and rail-highway crossings are inadmissible evidence in any action for damages arising out of matters referred to in such reports. Revises the definition of "highway safety improvement project" to include a project which installs emergency motorist-aid call boxes. Amends the Highway Safety Act of 1973 to authorize appropriations for FY 1985 through 1990. Amends the National Driver Register Act of 1982 to extend the deadline by which the Secretary is required to: (1) promulgate final rules regarding establishment of the National Driver Register; and (2) begin a pilot test program for an electronic information retrieval system regarding individual motor vehicle driving records; and (3) report to the Congress regarding the Register. Amends the Highway Safety Act of 1978 to prohibit the obligation of certain authorized funds for any education or information program conducted in connection with the implementation of Federal Motor Vehicle Safety Standard 208. Directs the Secretary to conduct a comprehensive investigation of railroad-highway crossing needs (in consultation with specified groups) and to report to the Congress regarding such investigation. Directs the Secretary to: (1) arrange with the National Academy of Sciences to conduct a study of problems facing older drivers; and (2) request the Academy to report to the Secretary and the Congress regarding such study. Title III: Federal Mass Transportation Act of 1985 - Federal Mass Transportation Act of 1985 - Amends the Urban Mass Transportation Act of 1964 to replace the letters of intent procedure with provisions which authorize the Secretary to enter into multi-year contracts for the construction of mass transportation facilities. Requires the Secretary, starting January 1986, to annually submit to the appropriate congressional committees: (1) a proposal on the total amount of funding needed to finance grants and loans for bus and bus-related activities, rail modernization, and the construction and extension of fixed guideway systems; and (2) a proposal on the allocation of such funds to finance grants and loans for rail modernization and fixed guideway construction and extension projects. Makes such proposals effective upon approval by law. Sets forth the circumstances under which the Secretary is authorized to approve advance construction for certain mass transportation projects. Prohibits the issuance of funds for new fixed guideway systems or extensions unless such projects are determined to be: (1) based on the results of alternatives analysis and preliminary engineering; (2) cost-effective; and (3) supported by local financial commitment. States that any public body which receives Federal financial assistance for mass transportation may not displace a structure from the mass transportation system property for which such public body receives rent from a private owner unless: (1) such displacement is necessary; (2) the owner receives relocation assistance in a certain amount; or (3) such displacement is authorized by State statute and is in accordance with the terms of the rental agreement. Sets a limit upon the amount of funds which the Secretary may use to enter into a construction management oversight contract. Authorizes appropriations for FY 1982 through 1990 for public transportation projects substituted for withdrawn Interstate segments. Authorizes certain funds apportioned for expenditure in an urbanized area with a population of less than 200,000 to be expended in an urbanized area with a population of more than 200,000. Permits certain grant recipients to continue the preferential fare collection system for elderly and handicapped persons in lieu of the collection of half-fares for such persons. Permits block grants to be made to implement an urban mass transportation program of projects in whole or in part. Excludes certain advertising and concession revenues from consideration as a revenue source for purposes of the Federal block grant program for urban mass transportation. Requires Federal block grant recipients to submit an annual report to the Secretary regarding revenues derived from the sale of advertising and concessions relating to the operation of a public mass transportation system. Revises the limitations placed upon the use of certain apportioned funds by small urbanized areas for operating assistance. Extends from 1984 to 1990 the authority for (block grant) recipients to transfer capital assistance for operating assistance. Limits the use of discretionary amounts resulting from such transfer to the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities. Prohibits certain grant recipients after FY 1985 from making such transfers except for emergency repairs or pursuant to predated authority. Sets a deadline by which funds appropriated for the block grant program must be apportioned. Directs the Secretary to make grants to nonprofit institutions of higher learning to establish and operate one regional transportation center in each of the ten Federal regions. Sets forth criteria to be met by grant recipients. Establishes in the Department of Transportation a national advisory council to: (1) coordinate the research and training to be carried out by grant recipients; (2) disseminate the results of such research; (3) act as a clearinghouse between such centers and the transportation industry; and (4) review and evaluate programs carried out by such centers. Authorizes appropriations for such centers for FY 1986 through 1990. Makes eligible for construction assistance: (1) any bus remanufacturing project which extends the economic life of a bus eight years or more; and (2) any project for the overhaul of rolling stock, whether or not such overhaul increases the useful life of the rolling stock. Lowers the expense threshold for associated capital maintenance items which are eligible for certain mass transportation block grants. Makes the Federal grant for any mass transportation construction project 80 percent of the net project cost. Directs the Secretary to issue regulations requiring a prebid and postdelivery audit regarding any grant under this Act for the purchase of buses. Authorizes appropriations for FY 1986 through 1990 for block grants and for a formula grant program for areas other than urbanized areas. Authorizes appropriations out of the Mass Transit Account of the Highway Trust Fund for FY 1986 through 1990 for specified activities, and authorizes appropriations for certain projects for FY 1985 through 1990. Requires the Secretary to: (1) enter into a multi-year contract with the Southern California Rapid Transit District to complete a specified segment of a certain Los Angeles Metro Rail Project; and (2) make a grant to an eligible local public body to conduct an electric trolley bus line feasibility study using a certain bus technology being developed in California. Directs the Secretary to develop a comprehensive mass transportation plan for the Virgin Islands and report to the Congress on it within one year of enactment of this Act. Prescribes guidelines under which the Interstate Commerce Commission shall issue bus carrier certificates to recipients of governmental assistance. Subjects the issuance of intrastate passenger transportation certificates to the condition that any intrastate transportation service be provided only as part of a regularly scheduled interstate transportation service on the route. Title IV: Uniform Relocation Act Amendments of 1985 - Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to revise various definitions for purposes of such Act. Permits a Federal agency to discharge its responsibilities by accepting the certification by a State agency that it will implement State law to carry out the Federal relocation assistance program, provided that the lead agency determines that such State law will accomplish the purpose and effect of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Requires the head of such agency, prior to accepting certification, to provide interested parties with an opportunity for public review and comment, and to consult with interested local governments. Directs the head of the lead agency to monitor and report biennially to the Congress on State agency implementation of such certification. Permits an agency to withdraw acceptance of a certification after providing the State government with notice. Permits a Federal agency to withhold approval of any grant, contract, or cooperative agreement with any displacing agency found to have failed to comply with certification or State law. Requires the payment to displaced persons of actual expenses, not exceeding $10,000, necessary to reestablish a displaced small business, nonprofit organization, or displaced farm at its new site. Removes the limitation on the moving expense allowance and the fixed amount of the dislocation allowance that a person displaced from a dwelling may elect to receive in lieu of itemized expenses. Declares that such allowances shall be determined according to a schedule established by the head of a lead agency. Increases the maximum and decreases the minimum limitations on the payment a person displaced from a business or farm operation may elect to receive in lieu of itemized deductions. Declares that such amount shall be determined according to criteria established by the lead agency. (Currently, such amount is based on the annual earnings of the farm or business.) Increases the maximum amount of assistance that a displacing agency may provide to a displaced homeowner for replacement housing. Requires such assistance to include an amount necessary to: (1) meet the reasonable cost of a comparable replacement dwelling as defined in this Act; and (2) compensate the displaced person for any increased financing costs. Authorizes a displacing agency to extend the one-year period, following payment for an acquired home, during which the displaced person must purchase and occupy a replacement dwelling in order to qualify for housing replacement payments, but limits such payments to the costs of relocating such person within that one-year period. Increases the ceiling (currently $4,000) on the amount of rental housing replacement assistance provided to displaced tenants to $6,000. Permits eligible displaced tenants to apply such rental assistance toward the downpayment on a decent, safe, and sanitary replacement dwelling. Declares that displaced homeowners who meet the residency requirement for rental housing replacement assistance but not for homeowner's housing replacement assistance may qualify for rental assistance, at the discretion of the lead agency. Requires that all relocation assistance advisory programs: (1) provide information on suitable locations for displaced farming (and business) operations; and (2) assure that no person is required to move before being given a reasonable choice of comparable replacement dwellings. Provides for the designation of a single, cognizant Federal agency to establish procedures to be used by a non-Federal displacing agency to implement related activities funded by two or more Federal agencies. Authorizes advisory services to certain renters in properties acquired by a displacing agency. Directs the lead agency to require that provisions authorizing a displacing agency to use project funds to provide dwellings for displaced persons, if the project would be delayed because suitable replacement housing is not otherwise available, be used to exceed housing replacement assistance ceilings only on a case-by-case basis and for good cause. Provides that any payment a displaced person receives under State law shall replace a housing replacement or real property acquisition payment for substantially the same purpose under the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Requires the head of the lead agency to: (1) promulgate rules to carry out such Act; (2) coordinate relocation assistance activities with Federal and federally-financed low-income housing programs; (3) monitor the implementation of such Act; and (4) perform such other duties as necessary. Declares low-income housing assistance as income for purposes of determining eligibility for assistance under the Social Security Act or any other Federal law. Requires a State agency to pay the United States all net amounts (currently all amounts) received from the sale of surplus Federal property transferred to the agency for the purpose of providing replacement housing. Repeals the authority of any displacing agency to make loans to various organizations for planning and obtaining federally-insured mortgage financing for housing for displaced persons. Authorizes the lead agency to prescribe a procedure under which Federal agencies may acquire real property without having it appraised. Permits a displaced person to donate the real property being acquired or any of the compensation paid for such property to the acquiring agency. Sets forth effective dates of specified provisions of this Act.
United States · United States Congress · 30 July 1985
Elderly Crime Prevention and Victim Assistance Act of 1985 - Establishes in the Office of Justice Programs of the Department of Justice the National Resource Office Relating to Crimes Against Older Individuals. Provides for the appointment of an administrator from the employees of the Department of Justice to head such office. Requires the administrator to coordinate activities of the Department of Justice relating to training of law enforcement officers, financial assistance for older victims, compilation of statistical information, and research with regard to crimes committed against the elderly. Requires the administrator to: (1) establish a liaison with all Federal departments and agencies involved with programs for older persons who are or may become victims of crimes; (2) disseminate information regarding such programs and assistance; and (3) provide technical assistance to reduce or prevent the committing of crime against older individuals.
United States · United States Congress · 30 July 1985
Expresses the sense of the Congress that: (1) the United States should reaffirm its commitment to the principles expressed in section seven of the Helsinki Accords; and (2) the President should urge Soviet leader Mikhail Gorbachev to reaffirm the Soviet Union's commitment to such principles.
United States · United States Congress · 26 July 1985
Expresses the Congress' concern about Doctor Yury Orlov and calls upon the Soviet Union to release him from exile and allow him and his wife to emigrate. Urges the President to instruct the Secretary of State to raise this issue with the Soviet Union and at specified forums.