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Official portrait of Rep. Grotberg, John E. [R-IL-14]

Rep. Grotberg, John E. [R-IL-14]

United States · Official source

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  • R · R · present
  • · House of Representatives · present

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Bill· HRH.R. 3821 (99th)open

Equity and Choice Act of 1985

United States · United States Congress · 21 November 1985

Equity and Choice Act of 1985 - Amends chapter 1 (Financial Assistance to Meet the Special Educational Needs of Disadvantaged Children) of the Educational Consolidation and Improvement Act of 1981 (ECIA) (hereinafter referred to as Chapter 1) to add provisions for educational vouchers. Requires each local educational agency (LEA) to provide an educational voucher, upon parental request, to the parents of each educationally deprived child selected to participate in the LEA's Chapter 1 program. Requires each LEA to: (1) provide written notice to such parents of the options available to them under Chapter 1, including their right to obtain an educational voucher for their child; (2) afford such parents a reasonable period of time to request such vouchers; and (3) convene an annual public meeting to discuss the availability and authorized uses of such vouchers, and invite parents of all eligible children and representatives of private eligible educational institutions to such meeting. Sets forth authorized uses of such vouchers. Allows such vouchers to be used as payment toward tuition and/or to obtain compensatory services at: (1) a public school outside the child's school attendance area (if the LEA permits this); (2) a public school outside the child's district; or (3) private school. Sets forth formulas for determining the amount of such a voucher. Requires each LEA to provide regular Chapter 1 programs and projects for eligible public and private school children whose parents do not request educational vouchers from that LEA. Sets forth requirements for LEA applications for Chapter 1 assistance. Declares that such voucher payments to a private school or a public school outside the child's school district shall not constitute Federal financial assistance to the private school or that public school. Declares that the use of such funds by such private or public schools shall not constitute a program or activity receiving Federal financial assistance. Provides that such voucher payments to parents shall not be subject to Federal, State, or local income taxes. Requires that any private school eligible for such voucher payments include a statement that it does not discriminate against student applicants or students on the basis of race in any published bylaws, advertisements, admission application forms, or other published materials. Makes inapplicable to such voucher programs specified Chapter 1 provisions relating to authorized program design and description and application approval and assurances. Allows each LEA to use Chapter 1 funds to provide for transportation, on an equitable basis, to eligible children whose parents obtain vouchers and enroll such children at public schools outside their school attendance area or school district or at private schools. Makes such use of funds an administrative cost of carrying out Chapter 1 programs and projects. Sets forth provisions relating to nondiscrimination by private schools in such voucher program. Prohibits voucher payments with respect to any private school if there is in effect a judgment by a U.S. district court declaring that such school follows a racially discriminatory policy, or if a U.S. court of appeals has ordered the district court to enter such a judgment. Requires each private school, before receiving voucher payments, to file with the LEA a verified statement: (1) declaring that such school has not followed a racially discriminatory policy during the previous 12 months; (2) indicating whether such a declaratory judgment or order has been entered against the school in an action brought under this Act; and (3) attesting that the school has complied with the requirement to include a statement of nondiscrimination in its published materials. Grants the Attorney General exclusive jurisdiction to investigate and determine whether a private school is following a racially discriminatory policy. Defines "racially discriminatory policy" for purposes of this Act. Declares that a racially discriminatory policy shall not include failure of any institution to pursue or achieve any racial quota, proportion, or representation in the student body. Defines "race" to include color or national origin. Authorizes the Attorney General to have sole discretion to seek a declaratory judgment against any private school upon: (1) receipt within the previous one-year period of any allegation of discrimination against such institution; and (2) a finding of good cause by the Attorney General. Authorizes the U.S. district court for the district in which the private school is located to make a declaration with respect to whether such institution follows a racially discriminatory policy, upon the filing of an appropriate pleading by the Attorney General. Sets forth procedures with respect to such allegations, pleadings, and declarations. Authorizes the Attorney General to have sole discretion to enter into settlement agreements prior to and in lieu of filing such actions. Authorizes the court to award costs and reasonable attorneys' fees to any private school which prevails in such actions unless the court determines that the Attorney General was substantially justified. Provides for post-judgment motions for declarations that a school no longer follows a racially discriminatory policy. Sets forth technical and conforming amendments to ECIA and to specified provisions of Federal law relating to the creation of the declaratory judgment remedy.

Bill· HRH.R. 3767 (99th)referred

A bill to amend title XVIII of the Social Security Act to permit an increase in the payment amount for inpatient hospital services under part A of the medicare program for certain high cost hospitals located in a rural area near an urban area.

United States · United States Congress · 14 November 1985

Amends title XVIII (Medicare) of the Social Security Act to permit certain rural hospitals located within 75 miles of an urban area to request increased payments for inpatient hospital services so that the portion of such services paid for by Medicare approximates the portion covered for hospitals in the nearest urban area. Authorizes the Secretary of Health and Human Services to require hospitals making a request for increased payments to submit an audit of its costs. Entitles the hospital to an evidentiary hearing before an appeals board if the Secretary disapproves the hospital's request. Requires the Secretary to appoint an appeals board composed of specified members of the health care community. Specifies the board's powers and duties of review. Sets deadlines for the publication of, comment on, and finalization of regulations implementing this Act.

Law· HJRESH.J.Res. 436 (99th)enacted

A joint resolution to designate 1986 as "Save for the U.S.A. Year", and for other purposes.

United States · United States Congress · 30 October 1985

Designates 1986 as Save for the U.S.A. Year. Requests the President to initiate a nationwide campaign, to be known as the Buy Back America campaign, to encourage the people of the United States to buy U.S. savings bonds and certificates and thereby reduce borrowings from foreign sources. Requires the Secretary of the Treasury to enhance the marketability of such bonds and certificates.

Bill· HRH.R. 3615 (99th)referred

Agricultural IDB Protection Act of 1985

United States · United States Congress · 24 October 1985

Agricultural IDB Protection Act of 1985 - Amends the Internal Revenue Code to modify the definition of "manufacturing facility" for purposes of tax-exempt industrial development bonds to include land, improvements to land, or property of a character subject to the allowance for depreciation that is used in the cultivation, raising, production, catching, harvesting, or processing of plants or animals. Modifies the definition of "substantial farmland" to require the size of the parcel to be 30 percent of the median size of a farm in the county in which the parcel is located. Permits used farm equipment to be eligible for industrial development bonds if it is acquired by an individual who is a first-time farmer.

Bill· HJRESH.J.Res. 428 (99th)open

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

United States · United States Congress · 24 October 1985

Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.

Bill· HRH.R. 3626 (99th)referred

National Commission on Classified Information and Security Clearance Procedures

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.

Bill· HRH.R. 3567 (99th)open

Depository Institution Examination Improvement Act of 1985

United States · United States Congress · 16 October 1985

Depository Institution Examination Improvement Act of 1985 - Redesignates the Financial Institution Examination Council as the Depository Institutions Examination Council. Requires the Council to devise a Federal examiner classification system and, for each of 12 districts approximating the districts of the Federal depository institutions regulatory agencies (regulatory agencies), a regional pay scale in order to provide Federal examiners with compensation and benefits commensurate with private sector accountants and auditors who perform similar functions in such districts. Directs each regulatory agency and each regional bank, branch, or office of such agency to assign and pay examiners accordingly. Directs the Council to prescribe methods of determining travel allowances and pay rates for temporary assignments of examiners. Exempts from Federal laws and regulations applicable to Government employees the officers and employees of the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, and the National Credit Union Administration. Exempts such entities, the Council, Federal reserve banks, and Federal Home Loan Banks from Federal laws and regulations providing for budget and appropriation review and provides that certain assessments received by such entities shall not be considered Government funds or appropriated money. Subjects such entities and banks to audit by the Comptroller General. Repeals authority of the Secretary of the Treasury over the Comptroller of the Currency and staff. Authorizes each regulatory agency to establish procedures for transferring employees affected by this Act out of the civil service and for providing fair and equitable compensation and reimbursement to such employees for any resulting loss of benefits. Directs the Council to: (1) develop a proposal for consolidating all Federal examiner training programs in one school to be established and conducted by the Council; and (2) report to specified congressional committees on its findings, legislative recommendations, and the savings to the regulatory agencies that would result from such consolidation. Requires the Council to: (1) study the feasibility of establishing a graduate degree program in financial management analysis for officers and employees of the regulatory agencies and the State depository institutions supervisory agencies (State agencies); and (2) report to specified congressional committees on its findings, legislative recommendations, the cost of establishing and conducting the program, and on the approval or disapproval by each regulatory agency of the Council's proposal for such program. Requires the Council to establish minimum requirements for examinations of depository institutions by State agencies in order for such an examination to be acceptable for purposes of Federal law. Directs the Council: (1) at least annually, to request each State agency which examines institutions subject to Federal examination to allow the Council to review its examination methods; (2) to notify a State agency if its examination methods do not satisfy such minimum requirements and allow the agency not more than three years to cure any deficiency; and (3) notify each Federal regulatory agency if a State agency refuses to allow a review of its examination methods or fails to remedy any deficiency in its methods. Prohibits any Federal regulatory agency or any regional bank, branch, or other office of such Federal agency to rely on any report of examination by a State agency for which such a notice has been received to fulfill an examination requirement under Federal law. Requires the Council to establish a State examiner certification program and to evaluate State examiners for certification at the request of a State agency.

Resolution· HCONRESH.Con.Res. 216 (99th)referred

A concurrent resolution condemning the racism and anti-semitism of Louis Farrakhan and finding his racism and divisiveness morally repugnant to the people of the United States.

United States · United States Congress · 16 October 1985

Expresses the sense of the House of Representatives that the racism and divisiveness of Louis Farrakhan are morally repugnant. Condemns the blatant racism and anti-Semitism of Louis Farrakhan and calls upon him to cease his message of hatred.

Bill· HRH.R. 3522 (99th)referred

Trade Partnership Act

United States · United States Congress · 8 October 1985

Trade Partnership Act - Title I: International Trade - Directs the President to establish the Commission on Trade which shall: (1) evaluate existing U.S. trade laws and policies; (2) develop recommendations on monetary and fiscal policies for the United States and its chief trading partners; (3) evaluate the export financing practices of major trading partners and of international agencies; and (4) review existing trade agreements to assess their effect on U.S. long-term trading interests. Requires the Commission to report its findings and recommendations to the President and to the Congress. Expresses the sense of the Congress that the President should evaluate such findings and recommendations and take into account the results of an international monetary conference to determine the propriety of convening a summit conference on international trade in order to develop changes in international trade and monetary practices. Expresses the sense of the Congress that the President should call for an international monetary conference to develop: (1) options for reforming institutional mechanisms in order to decrease the disparity among, and to prevent dramatic fluctuations in the value of, the currencies of the major economic powers; and (2) means for reducing interest rates, promoting national and world economic growth, assuring price stability, and promoting higher levels of international trade. Expresses the sense of the Congress that the President should initiate multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade (GATT) in order to: (1) resolve the issues not resolved in earlier negotiations; (2) develop multilateral disciplines in those areas where trade problems have emerged or are becoming more acute; (3) focus on improving the dispute settlement mechanisms of the GATT; (4) place a high priority on bringing developing countries into full participation in the international trading community; (5) ensure that all developed countries share equally the responsibility for advancing the economies of developing countries; and (6) increase efforts to bring countries now outside the GATT under accepted multilateral disciplines governing trade. Directs the President to begin negotiations immediately if Canada requests the negotiation of a trade agreement that provides for the elimination or reduction of any duty imposed by the United States. Directs the U.S. Trade Representative (USTR) to review the bilateral relationships between the United States and its major trading partners in order to determine those countries that offer the most potential for the establishment of free trade areas with the United States. Sets forth factors to be considered in making such review. Authorizes the President, during the year following enactment of this Act, to negotiate with Japan on a trade agreement under which the United States will permit the exportation to Japan of Alaskan petroleum and natural gas in return for substantial concessions by Japan regarding the importation into Japan of agricultural products, wood products, and other kinds of export products that are important to the United States. Amends the Trade Act of 1974 to transfer to the USTR specified functions relating to import relief that are currently performed by the President. Directs the President to review the USTR's determination on whether to provide import relief and what form such relief should take. Requires the President to complete such review within 15 days of receiving the USTR's determination. Directs the President to notify the Congress of the President's decision and of the USTR's determination. Directs the USTR to take action to implement the import relief which the USTR decided to provide if the President concurs in the USTR's decision. Directs the USTR to take action to implement the President's decision on import relief if it differs from the USTR's decision and no joint resolution disapproving the President's decision is enacted. Directs the USTR to order the implementation of the import relief recommended by the International Trade Commission if the decision of the President differs from the decision of the USTR and a joint resolution disapproving the President's decision is enacted. Authorizes interim relief after a petition for import relief is filed if the USTR determines that: (1) it is likely that the article is being imported in such increased quantities as to be a substantial cause of serious injury or threat thereof to the competing domestic industry; and (2) the absence of such interim relief would result in irreparable harm to the domestic industry. Authorizes emergency relief from imports of perishable products (other than perishable products from a beneficiary country under the Caribbean Basin Economic Recovery Act) after a petition for such relief is filed if the USTR, after consultation with the Secretary of Agriculture, decides that: (1) there is a reasonable indication that the perishable product is being imported in such increased quantities as to be a substantial cause of serious injury, or threat thereof, to the competing domestic industry; and (2) emergency action is warranted. Directs the USTR, upon deciding to grant interim relief or emergency relief, to: (1) determine the method and extent of such relief; (2) notify the President of such decision; and (3) unless the President decides within 15 days that such relief is not in the national economic interest, order the Commissioner of Customs to impose such relief. Declares that such relief may consist of tariff increases or import limitations. Provides for the termination of such relief. Directs the USTR to order the Commissioner of Customs to implement actions necessary to enforce U.S. rights under any trade agreement if: (1) the President and the USTR agree on the appropriate action; or (2) the President differs with the USTR on the appropriate action but a joint resolution disapproving such action is not enacted. Reduces the number of days from 21 to 15 between the President's receipt of the USTR's recommendation of appropriate action and the President's decision on what action is appropriate. Requires the President to determine during such 15 day period if: (1) the President concurs in the USTR's recommendation; or (2) it is in the national economic interest not to take any action or to take action different from the action determined by the USTR. Requires the President to notify the Congress of such decision. Provides that if 90 days after the Congress receives notice of such decision no joint resolution is enacted disapproving it then such decision shall take effect. Reduces the amount of time the USTR may take to make a recommendation on a petition for enforcement of U.S. trade rights. Sets forth the actions the USTR may recommend to the President based on such petition. Directs the USTR to include in the annual report to the Congress on foreign barriers to market access an analysis and assessment of the overall reciprocity accorded U.S. products, services, and investment by each of the major trading partners of the United States and the impact on major U.S. product sectors of the failure to provide reciprocity. Requires specified congressional committees, within 90 days of receiving such report, after consultation with the USTR and conducting public hearings, to issue a joint report on: (1) the priorities for negotiations regarding reducing or eliminating trade barriers; and (2) the committees' recommendations on actions to enforce U.S. trade rights. Directs the Secretary of Labor to pay to private firms 80 percent of the cost of providing job training if the training is certified as trade readjustment training and if the trainees are not charged for the training. Extends the job training, job search, and job relocation allowance provisions of the trade adjustment assistance programs through October 1, 1987. Amends the Trade Expansion Act of 1962 to set a one year deadline for the President to take action on the advice of the Secretary of Commerce on imports that are suspected of impairing national security. Amends the Tariff Act of 1930 to reduce the time limit for decisions by the International Trade Commission on allegations of unfair practices in import trade from one year (18 months in more complicated cases) to eight months (ten months in more complicated cases). Declares that the USTR should expedite the issuance of notices requesting the negotiation of periodic adjustments to the bilateral limitations on shipments of textiles and apparel contained in the Multi-Fiber Arrangement. Directs the Commissioner of Customs to: (1) increase the number of inspectors, import specialists, and customs patrol officers in the Customs Service by at least 800; (2) implement the Automated Commercial System at all ports of entry; and (3) implement a program for detecting, investigating, and prosecuting patent and copyright infringement cases. Requires the Commissioner to report quarterly to specified congressional committees on the operation and effect of the patent and copyright infringement program. Imposes a penalty for multiple customs law offenders who import or attempt to import merchandise during the three years following the date of the third of the offenders' convictions. Title II: Protection of Patents and Transfer of Technology - Part A: Protection of Patents - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Places the burden of proof upon the party asserting that a product was not produced with the patented process in an infringement action where the court finds a substantial likelihood that the product was so produced and the claimant has exhausted all means of discovery. Part B: Transfer of Technology - Federal Laboratory Technology Utilization Act of 1985 - Authorizes Federal agencies to permit their laboratories to enter into cooperative research and development arrangements with other Federal, State, and local agencies, universities, industrial organizations, or other persons including licensees of inventions owned by the Federal agency or general partners of research and development limited partnerships. Permits such laboratories to exchange funds, services, and property with collaborators, grant such collaborators patent licenses or assignments, waive Federal ownership of inventions made by a collaborator, and negotiate licensing agreements for federally owned inventions. Sets forth a formula for the distribution of royalties or other income received by such laboratories from the licensing of cooperatively produced inventions to Federal agency employee inventors, the laboratories themselves, and the Treasury. Requires affected Federal agencies to report annually to the appropriate congressional committees on the income from and distribution of royalties. Directs the Secretary of Commerce to provide procedures, training, and advice to Federal laboratories on recognizing the commercial potential of new technologies and inventions. Requires the Secretary to report biannually to the President and the Congress on Federal agency participation in this program. Makes it the policy of the Government to encourage the commercialization of inventions by Federal or former Federal employees made by them during their Federal employment and exempts such efforts from otherwise applicable violations. Permits such an employee to retain title to an invention (subject to retention by the Government of a nonexclusive license) unless the agency intends to file a patent application itself in order to promote commercialization. Sets forth other permissible conditions on such an inventor's title. Part C: Protection of Proprietary Information - Exempts commercial and financial information that is proprietary or sensitive from the sunshine provisions applied to Federal agencies if the proprietor is notified of the request for release of the information and given 60 days to present arguments on why the information should be exempt. Title III: Export Promotion - Amends the Bank Holding Company Act of 1956 to increase, from five percent to ten percent, the percentage of shares that: (1) a bank holding company may hold in an export trading company; and (2) an Edge Act corporation may hold in an export trading company from five to ten percent. Increases the amount of credit that a bank owning stock in a bank holding company with investments in an export trading company may extend to an export trading company. Amends the Export Trading Company Act of 1982 to direct the Board of Directors of the Export-Import Bank to try to insure that a "significant share" (currently a "major share") of any loan guarantees ultimately serves to promote exports from small, medium-size, and minority businesses or agricultural concerns. Requires the Board to report to the Congress on implementation of such requirement within one year of its effective date. Directs the Secretary of the Treasury to develop a program consisting of mixed credit financing for exports to compensate for the effects of subsidized financing by U.S. trading partners. Declares that the Export-Import Bank should expand its promotion programs for small- and medium-sized banks. Amends the Federal Reserve Act to give Edge Act corporations the same discount and borrowing privileges as Federal Reserve banks. Repeals the limitation on bank investments in Edge Act corporations. Directs the Board of Governors of the Federal Reserve System to require periodic reports from every corporation of the total amount of capital stocks and paid up surplus of the corporation, the name of any stockholder who holds more than ten percent of the shares of the stock of such corporation, and the share holdings of such stockholder. Directs the U.S. Executive Director of each of the multilateral development banks to promote procurement opportunities relating to the assistance provided by such banks in recipient countries for U.S. firms. Sets forth actions the Executive Directors should take with respect to such opportunities. Declares that the Secretary of Commerce should continue to assign one foreign commercial service officer to the office of the U.S. Executive Director of the International Bank for Reconstruction and Development. Directs the Secretary of Commerce to assign such an officer on a part-time basis to each of the offices of the U.S. Executive Director of the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank. Requires the U.S. Ambassadors to those countries that are important trading partners of the United States to report annually to the President and to the Congress on their efforts to help U.S. industries in expanding export sales to, and improving their market positions in, such countries. Authorizes the seven Bell operating companies, effective September 1, 1986, to manufacture telecommunications equipment and customer premises equipment in the United States if specified conditions are met. Title IV: Foreign Corrupt Practices - Business Accounting and Foreign Trade Simplification Act - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Prohibits imposing criminal liability for failing to maintain such an accounting system. Prohibits imposing civil injunctive relief with respect to: (1) an issuer who fails to maintain the required accounting system if the issuer tried in good faith to meet the requirements; or (2) any person other than an issuer in connection with an issuer's failure to comply with such requirements, unless such person knowingly caused the issuer to fail to comply. Prohibits anyone from knowingly circumventing such an accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Securities and Exchange Commission to the Department of Justice jurisdiction to enforce the bribery prohibitions of the FCPA with respect to issuers. Revises the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made "directly or indirectly" to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments to such officials that are lawful under the foreign country's laws; (3) payments which constitute tokens of regard or esteem; (4) expenditures associated with selling, purchasing, or demonstrating goods; or (5) ordinary expenditures associated with performing a contract with a foreign government. Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act. Prohibits prosecution of a domestic concern or specified agents of such concern for violating the Federal mail or wire fraud provisions by making a payment to a foreign official if the prosecution is based on the theory that the official, by receiving the payment, violated a duty to or defrauded the foreign government or the citizens of a foreign country. Authorizes the Attorney General to issue guidelines specifying: (1) permissible conduct associated with common types of export sales arrangements; and (2) precautionary procedures which would create a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the opinion states that the conduct does not involve a violation. Directs the Attorney General to protect the confidentiality of materials submitted in the review procedure. Requires annual reports to the Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Title V: Related Tax Provisions - High Technology Research and Scientific Education Act of 1985 - Part A: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Part B: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses, and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporation's R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.

Bill· HRH.R. 3520 (99th)referred

Balanced Budget and Emergency Deficit Control Act of 1985

United States · United States Congress · 7 October 1985

Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Congressional Budget Act of 1974 to eliminate the second concurrent resolution on the budget and thus provide for annual adoption of a single concurrent resolution on the budget (budget resolution). Sets forth maximum Federal budget deficit amounts for each of fiscal years 1986 through 1991 providing for the incremental reduction of the deficit to zero by 1991. Requires Old Age, Survivors and Disability Insurance (OASDI) revenues and expenditures to be included in the calculation of such deficit amounts. Prohibits either House of Congress from considering or adopting a budget resolution or a revision thereof providing for budget outlays exceeding revenues by more than the prescribed maximum deficit amount. Requires the Congress to complete action on any reconciliation bill or resolution to: (1) an original budget resolution by June 15 of each year; or (2) a revised budget resolution within 30 days after the revision is adopted. Provides that no amendment that would increase specific budget outlays or reduce specific revenues set forth in a budget resolution or reconciliation bill shall be in order in the House or the Senate, unless such amendment provides for offsetting adjustments in other outlays and revenues to ensure that the deficit set forth in the budget resolution is not increased or exceeded. Requires each Senate and House committee to report its subdivisions of allocated budget outlays and new budget authority within ten days of session after the budget resolution is agreed to. Makes it out of order for the House or the Senate, after the Congress has completed action on the budget resolution for a fiscal year, to consider legislation that, if enacted, would: (1) provide for or require budget outlays or new budget authority in excess of the appropriate committee allocation reported in connection with such resolution, unless legislation is favorably reported by the Committee on Appropriations of the House involved with a certification that the appropriate committee will take actions necessary to assure that enactment of such legislation will not result in a deficit exceeding the maximum deficit amount applicable; or (2) provide for new budget authority or spending authority or reduce revenues so that the resulting deficit would exceed the level set forth in such budget resolution or the applicable maximum deficit amount. Permits a congressional committee to report alterations to its reported allocations of budget outlays and authority, provided that such alterations are consistent with any actions taken by its House on legislation within its jurisdiction. Requires the conference report on any legislation providing new budget authority or new or increased tax expenditures to disclose the information required to be disclosed in committee reports on such legislation. Requires the Federal budget transmitted to the Congress by the President each year, and revisions thereof, to set forth levels of outlays and revenues resulting in a deficit not in excess of the applicable maximum deficit amount. Requires the Director of the Office of Management and Budget and the Director of the Congressional Budget Office: (1) to estimate the levels of total revenues and budget levels for each fiscal year; (2) to estimate the rate of real economic growth during that year; (3) to determine whether the deficit for such year will exceed the applicable maximum deficit amount and whether such excess is statistically significant; and (4) to submit a report to the President and the Congress specifying the amount of any excess, whether it is statistically significant, the estimated rate of real economic growth for that year, and the percentages by which automatic spending increases (excluding increases in OASDI benefits) and relatively controllable expenditures shall be reduced during such year in order to eliminate such excess. Requires the President, upon receiving such a report which identifies a statistically significant excesss, to issue an order which eliminates one-half of such excess by suspending or uniformly reducing (not below zero) automatic spending increases under Federal law for such year, and which eliminates the other half by sequestering amounts of budget authority, obligation limitations, and loan limitations, and by adjusting Federal payments, to the extent necessary to reduce each relatively controllable expenditure by a uniform percentage. Directs the President to send a message to both Houses of Congress identifying: (1) the total amount and the percentage by which automatic spending increases are to be reduced; (2) the amount of budget authority, obligation limitations, and loan limitations to be sequestered and payments to be adjusted for all, and each, relatively controllable expenditure; and (3) the account, department, establishment, project, or function affected by such revision of expenditures. Prohibits such an order from eliminating any Federal program, project, or activity. Directs the President to issue such order: (1) within 14 days after receiving such report if the estimate for real economic growth for the fiscal year is zero or greater; or (2) within 30 days if the estimate for real economic growth is less than zero. Authorizes the President, during such 30-day period, to submit to the Congress a joint resolution to: (1) reduce the deficit to an amount not exceeding the applicable maximum deficit amount; or (2) suspend the requirements of this Act for such fiscal year. Permits the President's message to the Congress to include alternative ways to reduce the deficit to an amount not exceeding the maximum deficit amount. Permits the Committee on the Budget of the House or the Senate, within ten days after the President has issued such an order, to report a joint resolution superseding such order. Makes it out of order for the House or the Senate to consider or agree to any such resolution which, if enacted, would cause the fiscal year deficit to exceed the deficit set forth in the budget resolution most recently agreed to, or the applicable maximum deficit amount. Sets forth House and Senate procedures for consideration of such a resolution. Amends the Social Security Act to provide that OASDI revenues and expenditures shall be excluded from the Federal budget transmitted by the President to the Congress and from the congressional budget, and shall be exempt from general budget limitations imposed on Federal expenditures and net lending. Prohibits any law enacted after enactment of this Act from providing for payments between the Treasury and the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund. Changes the date by which the President must submit to the Congress a supplemental summary of the budget for a fiscal year from July 16 to September 16. Waives specified provisions of this Act in any fiscal year for which a declaration of war has been enacted.

Bill· HRH.R. 3515 (99th)open

Fair Export Financing Act of 1985

United States · United States Congress · 7 October 1985

Fair Export Financing Act of 1985 - Amends the Trade and Development Enhancement Act of 1983 to declare that one of the purposes of such Act is to establish a temporary tied aid credit program to combat the predatory concessional credit programs of foreign governments. Directs the President to negotiate limits on partially untied aid credit. Changes the U.S. negotiating objectives to include references to partially untied aid credits. Directs the Secretary of the Treasury to establish within the Department of the Treasury a program of tied aid credits for U.S. exports. Requires the program to be carried out in cooperation with the Export-Import Bank or with private financial institutions or entities. (Currently the program is established within the Export-Import Bank and carried out in cooperation with the Agency for International Development (AID).) Sets forth financing methods that may be included in such program. Authorizes appropriations. Repeals the provision that established a tied aid credit program in AID. Requires the Secretary to seek the advice of the National Advisory Council on International Monetary and Financial Policies before approving financing under the tied aid credit program. Terminates the tied aid credit program on September 30, 1987. Limits judicial review of actions by the Chairman of the Export-Import Bank and by the Secretary. Changes the definition of "tied aid credit." Defines "partially untied aid credit." Deletes references to government-mixed credits and public-private cofinancing.

Bill· HRH.R. 3505 (99th)referred

Health Care Savings Account Act of 1985

United States · United States Congress · 3 October 1985

Health Care Savings Account Act of 1985 - Amends the Internal Revenue Code to permit individuals (employees or self-employed individuals) and employers to contribute to health care savings accounts. Limits the amount which may be contributed to a health care savings account each year to no greater than the combined amount of employee and employer hospital insurance (Medicare) payroll tax paid during that year. Provides that the employee or self-employed individual and the employer will each receive a 60 percent tax credit for their respective portion of their hospital insurance payroll tax paid. Provides that a health care savings account shall be exempt from income taxes, except for the tax on certain unrelated business income, and except where such account: (1) engages in prohibited transactions; or (2) is used to pledge as security for a loan. Excludes from gross income of the distributee amounts distributed from a health care savings account provided that these funds are used for eligible medical expenses while the individual is eligible for Medicare. Permits the tax-free rollover of contributions from one health care savings account to another for the benefit of the distributee. Imposes a penalty of ten percent of the amount of any early distributions from a health care savings account. Provides that no amount distributed out of a health care savings account may be taken as a medical expense deduction. Imposes a tax on any excess contributions to such accounts. Imposes a penalty tax on prohibited transactions involving a health care savings account. Imposes a five percent tax on distributions from a health care savings account in the taxable year which reduces the level of all such accounts with respect to the distributee below the total value of health care savings account tax credits for the distributee. Provides exceptions for certain distributions. Imposes a 100 percent tax on such distributions if the distributions are not corrected within the taxable period. Imposes a 50 percent excise tax on the difference between the value of a decedent's health care savings accounts at the time of death and the amount contributed into the spouse's health care savings account at the time of, and on account of, such death. Establishes certain penalties for failure to file required reports with respect to health care savings accounts. Amends title XVIII (Medicare) of the Social Security Act to provide that in the case of an individual who has established a health care savings account, the total amount of any Medicare benefits which will be paid with respect to the individual will be reduced by a health care savings account-related deductible for the year. Provides that this deductible amount will be equal to 60 percent of the amount of medical-related expenditures that could be reasonably underwritten (by an insurance company) for the average Medicare beneficiary assuming that the annual premium will equal the health care savings account annuity. Provides special rules for individuals who cannot obtain insurance to cover their added deductible at the standard premium rates. Provides that these high cost insurance beneficiaries' added deductible is reduced by a proportion reflecting 80 percent of the excess premium required above the standard rate, except that the deductible may not drop below 120 percent of the individual's health care savings account annuity amount. Provides that the health care savings account-related deductible and the annuity amount shall be recalculated upon the qualification of a younger spouse for Medicare. Establishes catastrophic health care expense protection for certain individuals qualifying for Medicare protection. Requires such individuals to have contributed at least one-third of the maximum amount possible over the course of their careers into a health care savings account and at least $100 (indexed for inflation) or 50 percent of the maximum contribution per year, whichever is greater, in ten individual years. Treats surviving spouses without a separate health care savings account as eligible for the catastrophic coverage if the deceased spouse was formerly eligible for catastrophic coverage and the surviving spouse rolls 100 percent of the health care savings account of the deceased spouse into a health care savings account.

Bill· HRH.R. 3484 (99th)referred

Corporation for Small Business Investment Charter Act

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.

Bill· HRH.R. 3474 (99th)referred

A bill to amend part A of title XVIII of the Social Security Act to permit imminently terminally ill patients to continue medicare coverage of their hospitalization.

United States · United States Congress · 1 October 1985

Amends title XVIII (Medicare) of the Social Security Act to deem an individual receiving inpatient hospital services under Medicare to be discharged and the services furnished to be post-hospital extended care services for up to 30 days, if: (1) a physician has determined that the individual is imminently terminally ill and that a discharge would be a hardship for both the individual and the individual's family; (2) there has been a determination that continued Medicare payment for inpatient hospital services may not be made; and (3) the individual elects and the hospital consents to have the provisions of this Act apply.

Bill· HRH.R. 3470 (99th)open

Social Security Budget and Administrative Reorganization Act of 1985

United States · United States Congress · 1 October 1985

Social Security Budget and Administrative Reorganization Act of 1985 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a Commissioner of Social Security; (2) a Deputy Commissioner of Social Security; (3) a General Counsel; (4) an Inspector General; and (5) an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interests of beneficiaries under the Old Age, Survivors and Disability Insurance program and the Supplemental Security Income Program within the Administration. Requires the annual report of the Board to include a description of the activities of the Beneficiary Ombudsman. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan as established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board and the Director of the Office of Personnel Management to implement demonstration projects relating to personnel matters. Directs the Board and the Administrator of General Services to implement such projects relating to delegations from the Administrator. Specifies the authorities which are to be delegated to the Board from the Administrator and the Director. Requires the Comptroller General to report to specified congressional committees concerning such projects, including an evaluation of the Board's readiness to assume full and permanent authority. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Provides for the transfer to the Administration of all functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Sets forth effective date and transitional rule provisions. Title II: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs which he or she administers. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors, and Disability Insurance program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the Old-Age, Survivors and Disability Insurance program and the Medicare program and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each Trust Fund. Sets forth the effective dates of this title. Title III: Budgetary Treatment of Old-Age, Survivors, and Disability Insurance Program - Provides for off-budget treatment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund beginning with FY 1987.

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