United States · United States Congress · 21 May 1985
Prohibits the Board of Regents of the Smithsonian Institution from using any Smithsonian Institution funds to make, directly or indirectly: (1) any extension of credit to the Government of South Africa; (2) any extension of credit to, or investment in, any corporation or other business enterprise that is owned (in whole or part) or controlled by the Government of South Africa; and (3) any extension of credit or investment in South Africa. Requires the Board, within one year after the effective date of this Act, to liquidate any such extensions of credit or investments which are in existence on such date. Makes such requirement inapplicable to any extension of credit or investment for which a contract or other legally binding agreement is entered into before the effective date of this Act. Terminates such prohibition and requirements imposed by this Act upon approval by law of any report submitted to the Congress by the Board which contains a determination that the abolition of apartheid has taken place in South Africa and the reasons for such determination.
United States · United States Congress · 13 May 1985
Economic Equity Act of 1985 - Title I: Retirement - Pension Vesting, Integration, and Portability Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to maximum age conditions under pension plans to provide for continued coverage for certain workers over the normal retirement age. Provides that pension plans may only exclude from participation, on the basis of age, an employee who has attained the normal retirement age under the plan if: (1) the plan is a defined benefit plan or a target benefit plan (as under current law); and (2) the employee's accrued benefit under the plan is greater than the normal retirement benefit to which the employee would be entitled at the normal retirement age if the employee commenced participation at the earliest possible entry age under the plan and served continuously until attaining the normal retirement age under the plan. Revises provisions relating to minimum vesting standards to reduce, from ten years to five years, the number of years of service which a pension plan participant must complete in order to earn a nonforfeitable right to 100 percent of the participant's accrued benefit derived from employer contributions. Permits multiemployer pension plans to retain the ten-year minimum vesting standard if such plans meet certain conditions, including complete reciprocity for workers who move from one regional pension plan to another within the same industry. Repeals a certain "class year plan" rule. Permits participants with three (currently five) years of service to elect, within a specified period to have their nonforfeitable percentage computed under the plan without regard to any plan amendment changing the vesting schedule. Revises minimum participation standards, minimum vesting standards, and benefit accrual requirements to provide for pension plan coverage of part-time workers. Revises the definition of "year of service," for purposes of minimum participation and vesting standards, to treat 500 to 1,000 hours of service per year by a part-time employee as one-half of a year of service. Provides that the date on which such employee completes such one-half of one year of service shall be the latest date until which the plan participation of such employee may be delayed. Includes service of at least 500 (currently 1,000) hours in determinations of years of plan participation for purposes of benefit accrual requirements. Establishes minimum benefit rules for integrated pension plans. Requires such plans to offer a minimum benefit without taking into account contributions or benefits under specified provisions of the Social Security Act, the Internal Revenue Code, or any other Federal or State law. Sets forth formulas, based on specified percentages of employee compensation, for determining such minimum benefit in the case of: (1) an integrated defined benefit plan; and (2) an integrated defined contribution plan or an integrated simplified employee pension. Directs the Secretary of the Treasury to prescribe necessary or appropriate regulations to carry out the purposes of such minimum benefit rules for integrated plans in any case in which the employer has two or more plans. Provides for distributions of accrued benefits of less than $7,000 to portable pension accounts (individual retirement accounts or individual retirement annuities). Requires a pension plan to distribute a participant's nonforfeitable benefit to a portable pension account if: (1) the plan is a defined benefit plan, or an individual account plan subject to specified funding standards; (2) the present value, as of the date of separation from service, of such benefit is less than $7,000; and (3) the participant elects in writing, after receiving a required notice, to have such benefit distributed to such portable pension account in a distribution which is excluded from gross income under specified Internal Revenue Code provisions. Directs the Secretary of Labor to prescribe by regulation the manner and form in which such election is to be made. Requires the plan administrator, upon being informed by a participant that the participant wishes to make an election pursuant to these provisions, to provide notice to the participant of: (1) the present value, as of the date of separation, of the participant's nonforfeitable benefit (with such present value to be deemed equal to the actuarial equivalent, as of such date, of the normal form of benefit under the plan); (2) the amount of the participant's benefit on the date of the participant's retirement payable under the pension plan at normal retirement age expressed in the form of a single life annuity under a defined benefit plan or in the normal form of payment under an individual account plan; and (3) the additional tax (under specified Internal Revenue Code provisions as revised by this Act) on distributions from, or disqualification, of the portable pension account before the date on which the participant attains age 59 1/2. Amends the Internal Revenue Code to revise provisions relating to pension plans. Makes such revisions similar to those made to ERISA by title I of this Act with respect to: (1) continued coverage for certain workers over the normal retirement age; (2) a minimum vesting standard of five years of service (reduced from ten years), with the exception of multiemployer plans meeting certain conditions (including reciprocity); (3) repeal of the class year plan rule; (4) protection from changes in the vesting schedule for participants with three years of service; (5) coverage for part-time workers under minimum participation standards, minimum vesting standards, and benefit accrual requirements; (6) establishment of minimum benefit rules for integrated plans; and (7) distributions of accrued benefits to portable pension accounts. Revises provisions relating to additional tax on certain amounts included in gross income before age 59 1/2. Requires, in cases of early distributions or disqualification involving portable pension accounts to which accrued benefits from a pension plan have been distributed as provided under this Act, that the additional tax (for the taxable year in which the early distribution is received or the disqualification occurs) shall be equal to the amount of the early distribution, or of the disqualification, which is includible in gross income for such taxable year. Directs the Secretary of Labor to: (1) conduct a study of the feasibility and ramifications of requiring private employee pension benefit plans to provide cost-of-living adjustments to benefits payable under such plans; (2) compile data and analyze the effect inflation is having and may be expected to have on retirement benefits provided under such plans; and (3) submit study results, with recommendations, within two years after enactment of this Act. Social Security Modernization Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple which are attributable to the period of their marriage shall be shared equally between them for purposes of determining the eligibility for and amount of OASDI benefits to which each spouse is or may become separately entitled. Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage. Provides that this Act shall not apply in specified cases where it would result in a reduction of OASDI benefits. Provides full benefits for disabled widows and widowers without regard to age. Enables an insured individual's spouse who has attained the age of 50 and is not entitled to any other monthly benefits to obtain a transition benefit for four months upon the death of the insured individual. Establishes the amount of such transition benefit at 71.5 percent of the primary insurance amount of the insured individual or, if it is higher, 71.5 percent of the primary insurance amount of the spouse. Repeals the separate definition of disability applicable to widows and widowers. Permits the months of a widow's or widower's entitlement to Supplemental Security Income benefits (title XVI of the Social Security Act) on the basis of a disability to be counted towards the 24 months needed to become entitled to hospital insurance benefits under Medicare (title XVIII of the Social Security Act) on that basis. Uniformed Services Former Spouses' Equity Act - Provides that a former spouse of a member of the uniformed services shall be entitled, unless expressly provided by a spousal agreement or court order, to an annuity: (1) equal to 50 percent of the retired or retainer pay of the member if married to the member throughout the creditable service of the member; or (2) equal to a pro rata share of 50 percent of such pay if not married to the member throughout the entire creditable service of the member. Requires that an election by a member not to participate, or to participate at a reduced level, in the Survivor Benefit Plan or to provide an annuity for a dependent child only must be made jointly with the member's spouse. Provides that such an election must be in writing. Allows a member who has a former spouse to jointly elect a spousal agreement with such former spouse or as provided under a court order to provide a survivor to the former spouse or to waive such an annuity. Treats a former spouse as a spouse for purposes of eligibility as a beneficiary, computation of annuities, and reductions in retired or retainer pay under the Survivor Benefit Plan if the member elects such treatment. (Present law treats a former spouse as a person with an "insurable interest" subject to certain restrictions and requiring larger reductions in retired or retainer pay.) Establishes a 24 month period during which members who were already divorced before the effective date of this Act may elect to have a former spouse covered under the Survivor Benefit Plan. Provides that a former spouse's share of retired or retainer pay shall be based on the gross amount of such pay. (Present law bases such share on the net amount of such pay after specified deductions.) Social Services and Child Care Assistance Act of 1985 - Title II: Dependent Care - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to set allotment amounts for FY 1984, 1985, and 1986 and each succeeding fiscal year. Allocates, from the allotment set for FY 1986 and available for any fiscal year, specified amounts for: (1) funding for a National Resource Center on Family Day Care; (2) grants to States which fulfill certain conditions with respect to the licensing, regulation, and monitoring of child care services; and (3) the provision of services in accordance with title XX. Provides that, of the amounts allotted for the provision of services, specified amounts shall be used: (1) for the training and retraining of human services personnel; (2) for the training and retraining in the prevention of child abuse of licensed child care operators; and (3) for the provision of child day care services to children who are abused or neglected, who are members of families receiving aid under title IV (Aid to Families with Dependent Children) of such Act, or children who are members of specified low-income groups. Amends the Higher Education Act of 1965 to add a new title XII, School-Based Child Care Programs. (Redesignates the current title XII as title XIII.) Authorizes appropriations for FY 1986 through 1990 for grants to institutions of higher education for: (1) construction, reconstruction, and renovation of facilities, located at such institutions, to be used to provide child care services (free for students from families with incomes less than 150 percent of the poverty level, and with a sliding-scale of fees based on income for other students participating); (2) child care services through vouchers for disadvantaged college students (with two-thirds of the participants to be low-income students who are first generation college students, and the remainder to be either low-income or first generation college students); and (3) child care personnel work-experience programs (which provide experience for students by arranging part-time employment for them in licensed child care programs). Requires the Secretary of Housing and Urban Development to provide grants to public housing authorities to assist them in providing child care services for lower income families. Requires a program report to the Congress within three years. Authorizes FY 1986 through 1988 appropriations. Title III: Insurance - Nondiscrimination in Insurance Act - Prohibits discrimination on the basis of race, color, religion, sex, or national origin in the consideration of applications for, or the granting of, insurance policies and the terms of such policies. Permits insurers who regularly provide insurance solely to persons of a single religious affiliation to continue to do so. Prohibits any insurer from establishing auto insurance rates for women or any particular group of women which are higher or lower in relation to the rates offered men or any similarly situated group of men, except for non-gender related risk-based reasons. Grants to States having insurance discrimination laws the primary opportunity to enforce the prohibitions of this Act. Permits an aggrieved person to file a civil action in State or Federal court against an insurer if the State has terminated all proceedings under State law. Authorizes the Attorney General to bring a civil action in district court when there is reasonable cause to believe that a person or group is engaged in a pattern or practice of resistance to the rights granted by this Act and that such denial raises an issue of general public importance. Authorizes the Court to: (1) order the defendant to amend any relevant contract to comply with the provisions of this Act; (2) require the defendant to pay punitive damages in addition to actual damages; and (3) award the aggrieved person reasonable attorneys' fees. Continued Access to Group Health Insurance Act of 1985 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to require continuation coverage under group health plans for certain spouses, former spouses, and dependent children of employees insured under such plans. Makes such continuation coverage a requirement for the allowance of a tax deduction for employer contributions to group health plans. Provides that the spouse and dependent children of an insured employee may be entitled to five years of continuation coverage under a group health plan if the insured employee: (1) dies; (2) becomes separated or divorced from his or her spouse; or (3) becomes entitled to Medicare. Makes such coverage available only if it is elected within a specified period by or on behalf of the spouse or child to be covered. Sets forth notification requirements. Sets forth a special rule relating to collective bargaining agreements. Title IV: Employment - Requires the Equal Employment Opportunity Commission to: (1) conduct research for identifying and measuring wage discrimination; (2) assist any public or private entity in eliminating discriminatory pay practices; and (3) implement policies and procedures to prohibit employment discrimination. Requires the Commission to determine the number and nature of all charges filed under the Civil Rights Act of 1954 and to report to the Congress with a summary prepared pursuant to this Act. Requires the Commission to conduct a study in consultation with organizations representing Federal employees and analyze: (1) the procedures established by the Director of the Office of Personnel Management (OPM) to establish classifications of positions in the competitive service; and (2) the actual practices of the Director and the heads of Federal agencies in complying with the principle of equal pay for work of equal value when establishing job classifications for employees. Requires the Commission to report to the President and the Congress on its findings and provide a copy to the Director of OPM. Directs the Director to submit his comments on the report to the President and the Congress. Directs the Secretary of Labor, acting through the Office of Federal Contract Compliance Programs, to report to the President and the Congress on actions taken to enforce the prohibitions contained in Executive Order Numbered 11246 against discrimination by Federal contractors. Requires the Attorney General, acting through the Office of Civil Rights, to report to the President and the Congress on actions taken to enforce the prohibitions against sex discrimination in compensation contained in title VII of the Civil Rights Act of 1964, Executive Order Numbered 11246, and other Federal laws. Requires Federal agencies responsible for submitting equal employment opportunity plans to include in such plans: (1) a review and identification of any discriminatory pay practices and any violation of the principle of equal pay for jobs of equal value; and (2) a plan for eliminating any such practices and remedying any such violation. Directs the Office of Personnel Management (OPM) to provide, by contract with a consultant, for a report on discriminatory wage-setting practices and discriminatory wage differentials within the Federal position classification system and the prevailing rate (job grading) system. Defines "discriminatory wage-setting practices" as a practice resulting from lower rates of pay for female employees doing work comparable to that of higher-paid males. Requires OPM, within one month of receiving such report, to transmit a copy to the President and specified congressional committees, with written comments. Requires the consultant to submit such report to OPM and the Pay Equity Study Council (established by this Act) within six months after entering into its contract. Requires OPM, within ten days after the effective date of this Act, to establish a Pay Equity Study Council to assist in the selection of a consultant and comment on the final report. Requires that Council membership consist predominantly of representatives of labor organizations representing Federal female employees. Terminates the Council after it submits comments on the final report. Establishes a Commission on Employment Discrimination in the Legislative Branch. Directs the Commission to: (1) employ a nongovernmental consultant to study the compensation paid to Library of Congress personnel and analyze personnel policies of the Library; (2) evaluate the compensation system of the Library for compliance with title VII of the Civil Rights Act of 1964 and make any recommendations needed to achieve compliance; (3) develop a plan for the application of title VII through the legislative branch; and (4) make recommendations to the Congress for improvement of personnel policies and practices in the legislative branch. Directs the Commission to submit a final report to the Congress 18 months after enactment of this Act. Terminates the Commission 30 days after submission of the final report. Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to invite each State having an approved plan under part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to submit an application to establish and conduct a demonstration project for the purpose of testing whether the provision of mandatory education or vocational training (or both) for the caretaker parents of dependent children under six years of age in families receiving AFDC would enable such families to leave the AFDC rolls quickly and assist such parents in securing long-term gainful employment at earnings levels sufficient to maintain their families without public assistance. Requires any State desiring to establish and conduct such a demonstration project to submit an application to the Secretary within six months after the enactment of this Act. Directs the Secretary to approve ten of the proposed projects. Requires six of the approved projects to be located in urban areas and four to be located in predominantly rural areas. Prohibits the approval of a project unless: (1) it is of sufficient size and scope to demonstrate program and cost effectiveness and to permit the drawing of valid inferences for evaluation and policy recommendations; (2) it will be conducted for a period of not less than three nor more than five years; (3) it covers all caretaker parents in families which are eligible for aid under the applicable State plan and which include one or more children under six years of age; (4) it provides for participation by caretaker parents on a voluntary basis; and (5) it complies fully with all other requirements and will contribute to the purposes of this Act. Defines "caretaker parent". Directs a State, in conducting an approved demonstration project, to: (1) offer each caretaker parent in a jurisdiction involved an opportunity to participate in the project; (2) establish an individualized program for the education or vocational training of each participating caretaker parent; (3) permit such parent to receive education or training under the program so established (from the time the youngest child in the care of such parent is six months old, or earlier with a physician's written permission) until either the parent is employed and self-sufficient, the parent is no longer a caretaker parent, or the family has become ineligible for aid; and (4) require the project to maintain support services, including child care, transportation, and health care services for each participant. Directs the Secretary to pay each State with an approved demonstration project 90 percent of the costs incurred by the State in establishing and carrying out such project. Requires the remainder of the costs incurred to be paid from non-Federal sources. Requires the education or training for caretaker parents in such program to meet the following requirements: (1) for caretaker parents without a high school diploma the education must lead to such diploma; (2) after receipt of such diploma (or in the case of an individual already having a high school diploma or better), the caretaker parent must participate in an approved post-secondary education program, an approved vocational education program, or a program of employment and training under auspices of the Job Training Partnership Act; (3) the award of an academic scholarship to a caretaker parent shall not result in any loss of eligibility or benefits under AFDC or any other public assistance program, so long as the scholarship payments are made directly to the appropriate educational institution; (4) the education and training must include instruction in family management and life skills, employment and job search training, career counseling, and community-supported recreational activities; (5) appropriate English language and adjustment training must be provided for caretaker parents from immigrant groups who have language or cultural adjustment difficulties; (6) special training must be provided for physically handicapped participants; (7) education and training for each participant in the project must be provided for at least 20 hours per week and must be coordinated with available child care services; and (8) any caretaker parent who has completed all of the education and training required by this Act shall remain a participant in the project for 20 hours a week of job search and placement assistance (with coordinated child care) until either the parent is employed and self-sufficient or the family has become ineligible for AFDC. Provides that in the case of a caretaker parent who ceases to be a participant in the project because he or she has completed all of the education and training required by this Act and has become employed: (1) the parent will be provided with child care services, as necessary, without charge for a six-month period, and thereafter for a certain period subject to the payment of a gradually increasing portion of the cost of such services; and (2) the parent shall be considered for a 15-month period to be still a project participant for purposes of receiving Medicaid (title XIX of the Social Security Act) and shall thereafter be similarly considered to still be a participant for such purposes but subject to stated conditions. Requires all of the child care and transportation which is necessary for a caretaker parent to participate in a demonstration project to be included, without charge to the caretaker parent, as a part of the project. Requires each approved project to be designed so as to provide an effective demonstration of: (1) the planning and design of quality and cost-effective approaches to child and infant care; (2) the cost-effective utilization of existing publicly-funded educational, vocational, and other training programs; (3) coordination with other community service providers, including job developers; and (4) cost-effective and creative approaches to the utilization of transportation facilities. Prohibits participation in an approved project by a caretaker parent from resulting in any loss of eligibility or benefits under AFDC or any other public assistance program. Permits a State to make participation mandatory if: (1) it is necessary to operate a project in a cost-effective manner; (2) participants would not be disadvantaged financially or otherwise; and (3) children in need of assistance would not be disadvantaged. Provides that if any caretaker parent who is required to participate in a project refuses to undergo any education or training required by this Act or otherwise fails to participate in an approved demonstration project, without a reasonable basis for such refusal or failure as determined on medical, psychological, psychiatric, or other grounds by an appropriate licensed practitioner in accordance with regulations prescribed by the Secretary (subject to a State being granted a waiver): (1) such parent's needs shall not be taken into account in determining need under AFDC with respect to the parent's family; and (2) any AFDC payments shall be made in the form of protective payments. Requires each approved demonstration project to have a voluntary advisory group to assist in developing the program and in monitoring the project. Sets forth reporting requirements (including reports to the Congress). Requires each State in which a demonstration project is located to submit to the Secretary such information as the Secretary may require concerning a project. Women's Business Ownership Act of 1985 - Establishes the National Commission on Women's Business Ownership to review: (1) the status of women-owned small businesses nationwide; (2) the role of the Federal Government in aid to and the promotion of women-owned small businesses; (3) data collection procedures and the availability of data relating to women-owned businesses, women-owned small businesses, and small businesses owned and controlled by socially and economically disadvantaged women; (4) other Federal initiatives relating to women-owned small businesses, including those relating to Federal procurements; and (5) special impediments suffered by small businesses owned and controlled by socially and economically disadvantaged women. Directs the Commission to recommend: (1) new private sector initiatives which would provide management and technical assistance to women-owned small businesses; (2) ways to promote greater access to financing and procurement opportunities for such businesses; and (3) other measures relating to small businesses owned and controlled by socially and economically disadvantaged women. Terminates the Commission on the date that it transmits its final report to the President and to each House of the Congress. Authorizes appropriations. Title V: Tax Reform - Amends the Internal Revenue Code to provide that the zero amount for heads of households shall be the same as the zero bracket amount for joint returns and surviving spouses. Increases the amount of the earned income tax credit from 11 percent to 16 percent of the first $5,000 of earned income. Provides for a phaseout of such credit for taxpayers with adjusted gross incomes between $11,000 and $16,000. Provides that governmental payments shall be disregarded for purposes of determining support and maintenance of a household. Provides that any refund of Federal income taxes or advance payment made to an individual by reason of the earned income credit shall not be taken into account as income for purposes of determining eligibility for benefits or assistance under any Federal program or any State or local program financed in whole or part with Federal funds. Provides for cost-of-living adjustments for the amount of the earned income credit and the phase-out thresholds of such credit beginning in 1987. Allows a refundable income tax credit for: (1) employment related dependent care expenses; plus (2) expenses for the respite care of a dependent. Sets the amount of such credit at 50 percent of the sum of such expenses. Reduces such percentage (but not below 20 percent) by one percent for each full $2,000 amount by which the taxpayer's adjusted gross income exceeds $11,000. Provides for cost-of-living adjustments to such adjusted gross income amount. Limits the amount of employment-related expenses and respite care expenses which may be taken into account for purposes of such credit. Allows such credit for expenses incurred for the care of: (1) a dependent of the taxpayer who is under the age of 15; (2) a dependent of the taxpayer who is physically or mentally incapable of caring for himself; or (3) a spouse who is incapable of caring for himself. Repeals present provisions relating to the income tax credit for dependent care expenses necessary for gainful employment. Increases the amount individuals may contribute on behalf of their spouses for purposes of the deduction for retirement savings. Provides that no deduction from gross income shall be allowed to a taxpayer for entertainment expenses for food, beverages, lodging, or entertainment incurred in connection with a facility which discriminates on the basis of race, color, religion, sex, or national origin. Exempts facilities operated by a religious organization where access is limited to members of a particular religion. Treats dues and fees paid to discriminatory facilities as nondeductible expenses. Requires the submission of a statement to the Secretary of the Treasury that a facility not open to the public does not discriminate in order for amounts paid to such facility to qualify for the entertainment expense deduction. Requires the posting of a public notice in the facility stating the nondiscriminatory policy. Permits the Secretary to revoke the acceptance of the statement of nondiscrimination. Requires the taxpayer to report on his or her income tax return any amounts paid or incurred for food, beverages, lodging, or entertainment in any facility which is not open to the public or does not serve the public in order to deduct such amounts from gross income.
United States · United States Congress · 9 May 1985
Expresses the sense of the House of Representatives that the United States should ratify the Convention on the Prevention and Punishment of the Crime of Genocide. Declares that the House will act expeditiously to implement this legislation.
United States · United States Congress · 9 May 1985
Expresses the sense of the Congress that the executive branch should release appropriations for the Special Supplemental Food Program for Women, Infants, and Children (WIC).
United States · United States Congress · 8 May 1985
Expedited Funds Availability Act - Requires the Board of Governors of the Federal Reserve System to begin to develop a system to provide that: (1) funds deposited by checks drawn on a local depository institution shall be available for withdrawal the next business day following the day of deposit; and (2) for all other checks, not more than three business days shall pass between the day of deposit and the day on which the funds become available. Requires such system to be implemented no later than five years after the date of enactment of this Act. Requires the Board, not later than six months after the date of enactment of this Act and annually thereafter until such goal is achieved, to report to the Congress concerning the actions it has taken. Sets forth time standards for expedited check clearing in any case in which funds are deposited by check in an account at a depository institution. Requires cash deposits to be available on the next business day. Makes exceptions to such standards with respect to: (1) checks drawn on a depository institution or an office of a depository institution located outside of the United States; (2) deposits of checks aggregating more than $5,000 in any account on any business day, excluding cashier's and certified checks beginning two years after enactment of this Act; (3) deposits made by new depositors within the first 30 days after opening an account, excluding cashier's and certified checks beginning two years after enactment of this Act; (4) any account that is overdrawn three times in six months; and (5) emergencies beyond the control of the depository institution. Permits a State to require, or a depository institution to provide for, shorter time periods for deposit availability. Requires interest to accrue on funds deposited in interest-bearing accounts beginning on the business day of deposit. Requires a depository institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by check. Authorizes the Board to publish model disclosure forms and clauses for common transactions. Directs the Board to establish a Payments System Advisory Council to advise and consult with it in the exercise of its functions under this Act. Sets forth provisions governing: (1) the administrative enforcement of this Act; and (2) the civil liability of institutions that fail to comply with this title.
United States · United States Congress · 8 May 1985
National Nutrition Monitoring and Related Research Act of 1985 - Title I: Nutrition Monitoring and Related Research - Establishes a ten-year coordinated program, to be known as the National Nutrition Monitoring and Related Research Program, which will be implemented by the Secretary of Health and Human Services. Establishes an Intergovernmental Science Board for Nutrition Monitoring and Related Research to facilitate the management and implementation of such program. Directs the Secretary to appoint an Administrator of Nutrition Monitoring and Related Research Program to coordinate such program. Sets forth the functions of the Secretary with respect to such program including: (1) establishing a National Science Foundation administered matching grant program for specified nutritional and dietary purposes; and (2) submitting an annual report to the President and the Congress. Requires the Secretary to prepare and implement a comprehensive National Nutrition Monitoring and Related Research Plan which shall: (1) assess and report on U.S. nutritional and dietary trends; (2) assess and report on low-income food and household expenditures; (3) sponsor and conduct research; and (4) develop and update a national dietary and nutritional status data bank; (5) assist State and local agencies in developing procedures and networks for nutrition monitoring and surveillance; and (6) focus the activities of Federal agencies. Requires the plan to allocate the project functions and activities among the various Federal agencies and offices involved. Requires the Secretary to provide for and coordinate such scientific research and development as may be necessary to support the coordinated program and comprehensive plan. Authorizes appropriations. Title II: National Nutrition Monitoring Advisory Council - Establishes a 15-member Advisory Council to: (1) provide scientific and technical advice on the development and implementation of all components of the coordinated program and the comprehensive plan; (2) evaluate such program and plan; and (3) submit an annual report to the Secretary.
United States · United States Congress · 8 May 1985
Expresses the sense of the House of Representatives that the administration should comply with the automatic appropriation and earmarking provisions of the Wallop/Breaux Sport Fish Restoration Trust Fund. States that funds owed to the States from such Fund should not be withheld or delayed.
United States · United States Congress · 7 May 1985
Council on Industrial Competitiveness Act - Establishes in the executive branch an independent agency to be known as the Council on Industrial Competitiveness. Requires the Council to: (1) gather and analyze information regarding the competitiveness of U.S. industries; (2) create an institutional forum where national leaders will identify economic problems inhibiting the competitiveness of industries, develop long-term strategies to address those problems, and create broad consensus in support of those strategies; and (3) make recommendations on issues crucial to the development of coordinated industrial strategies. Directs the Council to examine and make available to the public all international agreements on foreign trade that have been agreed to by the United States. Directs the Council to monitor, and maintain public records regarding, the effect of imports on domestic industries. Requires the Council, not later than one year after the date of enactment of this title, to transmit a report to the Congress and the President containing recommendations for changes in any Federal policy necessary to implement effective industrial strategies. Requires the Council to make annual reports concerning the major industrial development priorities of the United States. Authorizes appropriations.
United States · United States Congress · 6 May 1985
Immigration Exclusion and Deportation Amendments of 1985 - Amends the Immigration and Nationality Act to make only the following classes of aliens ineligible to receive visas and be permitted admission into the United States: (1) any alien with a communicable disease of public health significance; (2) any alien with a record of behavior or mental impairment that poses a threat to property or safety; (3) any alien convicted of a crime involving moral turpitude, with specified exceptions; (4) any alien convicted of two or more offenses for which the aggregate sentences actually imposed were five years or more; (5) any alien convicted of specified drug violations; (6) any alien who has engaged in terrorist activity against the United States or against a citizen of the United States; (7) any alien who participated in Nazi persecutions; (8) any alien deemed by the Attorney General as a probable security risk for certain specified reasons, including terrorist activity; (9) any alien who is likely to become a public economic burden; (10) any alien seeking to enter the United States for the purpose of performing skilled or unskilled labor, with certain qualified exceptions; (11) any alien who is a graduate of a medical school not accredited by a body approved for such purpose by the Secretary of Education, with certain exceptions; (12) any excluded or deported alien who seeks readmission within one year of the event, unless such readmission is consented to by the Attorney General; (13) any alien seeking to enter the United States by fraud or the willful misrepresentation of a material fact; (14) any stowaway alien; (15) any alien who aids any other alien in illegal entry; (16) any immigrant not in possession of a valid immigrant visa and passport at the time of admission; (17) any nonimmigrant not in possession of a valid passport authorizing the alien to return to the country from which he or she came; and (18) any alien ineligible for U.S. citizenship, including a person who left or remained outside the United States to avoid U.S. military service in time of war or national emergency. Repeals provisions dealing with bond and conditions for admission for permanent residence for retarded, tubercular, and mentally ill aliens. Makes deportable by the Attorney General only those aliens within one of the following classes: (1) any alien who at the time of entry was within one or more of the classes of aliens excludable by then existing law; (2) any alien entering the United States without inspection or at a time and place other than as designated by the Attorney General; (3) any alien admitted as a nonimmigrant who has failed to maintain such status; (4) any alien arriving from a foreign contiguous territory or adjacent islands who has not resided in such territory or islands for at least two years prior to such arrival; (5) any alien convicted of a crime involving moral turpitude committed within five years from the date of entry and who is either sentenced or confined for a term of one year or longer; (6) any alien who at any time after entry is convicted of two or more crimes involving moral turpitude; (7) any alien who at any time after entry is convicted of a violation of certain drug laws; (8) any alien who at any time after entry is convicted under weapons-possession laws; (9) any alien who at any time is convicted on any of various specified loyalty laws (e.g. sabotage, treason and sedition, selective service, etc.); (10) any alien who fails to comply with alien registration laws or foreign agent registration laws; (11) any alien convicted of fraud or misuse of visas or other entry documents; (12) any alien engaging in activity which endangers the public safety or national security, including terrorist activity; (13) any alien who within five years after entry has become a public economic burden; (14) any alien who has engaged in terrorist activity against the United States or against a citizen of the United States; or (15) any alien who participated in Nazi persecutions.
United States · United States Congress · 2 May 1985
National Advanced Technician Training Act - Directs the Director of the National Science Foundation (NSF) to carry out a three-year national advanced technician training program under which accredited community and technical colleges, using matching non-Federal funds, will provide training in technical competencies in strategic fields. Requires such program to include emphasis on-the-job training intermixed with technical occupational training. Requires such program to place special recruiting emphasis on: (1) those who need retraining or upgrading to retain their jobs; (2) those who are unemployed, especially workers dislocated by plant closings and technological change; and (3) those who have recently completed high school or left high school prior to graduation. Requires the Director, in carrying out such program, to: (1) award grants on a competitive basis to accredited community and technical colleges which possess the demonstrated ability to provide competency-based occupational training; and (2) work with the Nation's network of community and technical colleges to establish and maintain, at NSF or by contract, a readily accessible inventory of advanced technician training programs which are serving public and private employers and addressing the changing workforce demands of emerging technology. Requires each community or technical college which is awarded such a grant to provide an associate degree training program in designated advanced-technology occupational fields. Sets the maximum grant award at $500,000 per year. Requires the Director, in order to assure that the program is consistent with the needs of industries, to appoint a 15-year National Advisory Council on Advanced Technician Training, which shall advise the Director on program goals and implementation, review program effectiveness, and report annually to the Director and the Congress. Requires the Council and the Director to submit to the Congress an annual report on the program, together with: (1) a program evaluation; (2) a catalog of the community and technical college programs identified by the required inventory; and (3) a recommendation on the feasibility of program expansion. Requires the national program to give special emphasis to those associate degree advanced-technician training programs which: (1) include flexibility in scheduling in order to accommodate working people and parents; and (2) take steps to meets the adaptive and training needs of handicapped young people and adults. Requires that funds appropriated under this Act be used to establish, strengthen, and expand the advanced technician training capabilities of community and technical colleges. Includes among the uses of such funds: (1) associate degree and short-cycle training program developments; (2) faculty development; (3) the development of instructional materials; (4) the lease or purchase of state-of-the-art instrumentation; (5) personnel exchanges among such colleges, the private sector, and government; (6) the development of cooperative training programs with business, industry, labor, and government; and (7) the promotion of private sector contributions to program costs, training sites, and work experience opportunities. Authorizes appropriations for FY 1986 through 1988.
United States · United States Congress · 30 April 1985
Truth in Savings Act - Requires each advertisement, announcement, or solicitation made by any depository institution regarding the rate of interest payable on any account to: (1) state the annual percentage yield and the method of compounding interest; (2) state the annual rate of simple interest and the period such interest is in effect; (3) state the frequency of interest payments; (4) give equal prominence to all annual percentage yields and annual rates of simple interest; and (5) include specified statements explaining how fees and penalties could affect the annual yield and how the yield on accounts which mature in less than one year is determined on the basis of compounding for an entire year. Requires the annual percentage yield to be stated before the annual rate of simple interest. Requires an institution to give a person a written summary of such information concerning an offered account upon request. Requires each depository institution to maintain a written schedule of all fees, charges, and terms and conditions applicable to each type of account and service routinely offered. Requires that such schedule be disclosed to potential customers and requesting individuals and mailed to account holders. Directs the Board of Governors of the Federal Reserve System to prescribe: (1) uniform terminology to be used by depository institutions to describe interest rates and other terms affecting account earnings; and (2) uniform methods of calculating annual rates of simple interest and annual percentage yields. Provides for the enforcement of this Act.
United States · United States Congress · 29 April 1985
Multilateral Development Bank Act of 1985 - Title I: Special Facility for Sub-Saharan Africa - Amends the International Development Association Act to direct the Secretary of the Treasury to pay specified amounts to the Special Facility for Sub-Saharan Africa administered by the International Development Association. Authorizes appropriations. Title II: African Development Fund - Amends the African Development Fund Act to authorize the U.S. Governor of the African Development Fund to contribute a specified amount to the Fund. Authorizes appropriations to pay for such contribution. Title III: International Bank for Reconstruction and Development - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Bank for Reconstruction and Development to vote for an increase in the authorized capital stock of the Bank and to subscribe on behalf of the United States to a specified number of additional shares of such stock. Authorizes appropriations to pay for such shares. Title IV: International Finance Corporation - Amends the International Finance Corporation Act to authorize the U.S. Governor of the International Finance Corporation to vote for an increase in the authorized capital stock of the Corporation and to subscribe on behalf of the United States to a specified number of additional shares of such stock. Authorizes appropriations to pay for such shares. Title V: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 29 April 1985
Designates the week beginning on April 13, 1986, as National Garden Week. Urges the wearing of garden flowers during that week as a symbol of appreciation for the contributions of the Nation's gardeners.
United States · United States Congress · 29 April 1985
Expresses the sense of the House of Representatives that the President should make the overvalued dollar, the U.S. trade deficit, and cooperative measures to redress such imbalances a priority at the Bonn Summit, West Germany, on May 2, 1985. Sets forth specified assurances and commitments the President should seek from participating governments to correct such imbalances. Requests the President to report to the Congress on the results of his efforts.
United States · United States Congress · 24 April 1985
Korean War Memorial Act - Directs the Secretary of the Interior to erect and maintain a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. armed forces who served in the Korean War. Subjects the selected site, design, and plans for the construction of such memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission. Authorizes appropriations.
United States · United States Congress · 24 April 1985
Space Weapons Treaty Act - Urges the President to seek the negotiation of: (1) a treaty between the United States and the Soviet Union with respect to mutual and verifiable limitations on the testing, production, deployment, and use of space directed or space based weapons systems; and (2) an agreement with the Soviet Union for a moratorium on the testing of anti-satellite weapons. Directs the President to reaffirm the U.S. commitment to the 1972 Anti-Ballistic Missile Treaty.
United States · United States Congress · 23 April 1985
Authorizes the President, on behalf of the Congress, to present a gold medal honoring George Gershwin to his sister, Frances Gershwin Godowsky, and a gold medal honoring Ira Gershwin to his widow, Lenore Gershwin. Directs the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 22 April 1985
Entitles former members of the armed forces who are totally disabled because of a service-connected disability to the same travel privileges on military aircraft as retired members of the armed forces.
United States · United States Congress · 18 April 1985
Prohibits any agency of the government from obligating or appropriating funds for the production of lethal chemical weapons. Expresses the sense of the Congress that: (1) the President should intensify efforts to achieve agreement with the Soviet Union and other countries to stop the production, proliferation, and stockpiling of lethal chemical weapons; (2) the Department of Defense should protect the armed forces against the use of lethal chemical weapons in attacks; (3) an agreement with the North Atlantic Treaty Organization must be concluded on the prepositioning of any new chemical weapons; and (4) funding of new lethal chemical weapons is unwarranted in light of the Federal budget deficit.
United States · United States Congress · 18 April 1985
Economic Growth and Debt Reduction Act of 1985 - Imposes an import surcharge of 20 percent ad valorem on each import entered during surcharge period one (eight months beginning with October 1985) and 15 percent ad valorem during the first four months of surcharge period two (eight months beginning with June 1986) if the budget figures available before October 1, 1985, indicate that the Federal budget deficit for FY 1986 will be at least $40 billion less than the projected Federal budget deficit for that fiscal year. Imposes another import surcharge of 15 percent ad valorem during the last four months of surcharge period two and ten percent ad valorem during surcharge period three (eight months beginning with February 1986) if an import surcharge was imposed during FY 1986 and if the budget figures for FY 1987 indicate that the Federal budget deficit for FY 1987 will be at least $40 billion less than the projected Federal budget deficit for that year. Authorizes the President to waive or reduce the import surcharge with respect to certain developing countries if: (1) the President considers that such exemption, reduction, or both is necessary to alleviate the international trade and debt problems of such a country that threatens the stability of the international financial system; and (2) that country has given assurances that, as a condition of such reduction or exemption, it will provide equitable and reasonable access to its markets and resources and will refrain from engaging in unreasonable import practices.
United States · United States Congress · 18 April 1985
Homeownership Opportunity Act of 1985 - Authorizes the Secretary of Housing and Urban Development to provide loans to very low-income families to permit such families to purchase single-family homes owned by the Department of Housing and Urban Development. Limits program participation to first-time owners. Limits home purchase amounts. Requires a downpayment of the lesser of $500 or two-percent. Requires the Secretary to provide interest and non-interest bearing loans as provided for by this Act. Establishes the Homeownership Opportunity Fund in the Treasury. Authorizes appropriations.
United States · United States Congress · 17 April 1985
Food Assistance and Africa Agriculture Act of 1985 - Title I: Authorization of Appropriations - Amends the Foreign Assistance Act of 1961 to authorize appropriations for: (1) the International Fund for Agricultural Development; and (2) the International Fund for Agricultural Development for its Special Program for Sub-Saharan Countries Affected by Drought and Desertification for each of FY 1986 through 1989. Title II: Appropriations for Fiscal Year 1986 - Makes appropriations for FY 1986 for: (1) expenses for agricultural commodities supplied in connection with dispositions abroad pursuant to the famine relief provisions of the Agricultural Trade Development and Assistance Act of 1954; and (2) the U.S. contribution to the International Fund for Agricultural Development and for the Fund's Special Program for Sub-Saharan Countries Affected by Drought and Desertification.
United States · United States Congress · 4 April 1985
Hazardous Waste Reduction Act of 1985 - Amends the Internal Revenue Code to impose a tax on the receipt of: (1) taxable hazardous waste in any qualified hazardous waste management unit; and (2) taxable hazardous waste for export or for disposal in the ocean pursuant to a permit. Provides that the tax rate for all forms of land and ocean waste disposal, except underground injection wells, shall be $20 for each ton of hazardous waste. Provides that the tax rate for each ton of hazardous waste placed in underground injection wells shall be five dollars per ton. Authorizes the Secretary of Treasury to increase the rates of tax on such hazardous waste where the tax revenue falls below projections for any year. Requires the tax to be paid by the owner or operator of the qualified waste management unit at which the taxable waste is received or by the person exporting the taxable hazardous waste or the person holding the permit for transport for ocean disposal. Requires the tax to be paid at the close of the calendar quarter during which the taxable hazardous waste became subject to tax. Imposes a tax of $20 per ton on hazardous waste placed in a facility other than a qualified hazardous waste management unit or pursuant to a permit for export or ocean dumping. Makes the person placing the hazardous material in the facility or location liable for the tax. Provides that such tax will not apply with respect to small quantity generator waste, or with respect to the placement of taxable hazardous waste in any facility, vehicle, or location if such placement is not required to comply with permit, interim status, or manifest requirement under the Solid Waste Disposal Act. Provides that the tax does not apply to the placement of taxable hazardous waste in a vehicle which is required to transport such taxable hazardous waste. Exempts from the tax waste removed from a Superfund site or a closed interim status facility or waste required to be studied. Exempts from the tax qualified wastewater treatment facilities. Provides that the exemption for qualified wastewater treatment facilities shall not apply after November 8, 1988, unless the facility is in compliance with certain minimum technological requirements or meets certain interim status surface impoundments requirements. Permits a tax credit where the taxable hazardous waste is moved from one unit or facility to another. Provides that where the taxable waste is moved from a surface impoundment to an underground injection well, the credit is the difference between the tax on the surface impoundment and the tax on the underground injection. Permits a tax credit for all waste rendered nonhazardous by reason of treatment or conversion within 12 months of receipt at the unit or facility. Prohibits the tax credit for treatment or conversion at a qualified wastewater treatment facility. Prohibits the tax credit for land treatment. Provides that the tax credit will not apply to any treatment or conversion which violates any requirement of Federal or State law relating to the management of hazardous taxable waste. Provides that this tax shall apply for the period from January 1, 1986, through September 30, 1990. Requires every person subject to this tax to keep records, render such statements, make such returns, and comply with such rules and regulations as the Secretary of the Treasury may require. Provides that the revenues from this tax shall be deposited in the Hazardous Substance Superfund. Requires the Secretary of the Treasury to make various reports to the Congress concerning different aspects of this tax on hazardous waste disposal.
United States · United States Congress · 4 April 1985
Prohibits the imposition of import quotas on sugar and repeals any existing quotas on sugar. Authorizes increases or decreases in the tariff on sugar if such change is appropriate to give effect to the interests of domestic sugar producers and materially affected contracting parties to the General Agreement on Tariffs and Trade. Amends the Agricultural Adjustment Act of 1933 to authorize the President to rebate to the government of any foreign country the fees charged for imports of sugar from that country. Amends the Agricultural Act of 1949 to authorize price supports for sugar and sugarcane producers.
United States · United States Congress · 3 April 1985
Trade Law Modernization Act of 1985 - Title I: National Trade Policy and Negotiating Objectives; Negotiation Authority - Sets forth national trade policy objectives that shall guide U.S. trade policy and domestic economic policy. Directs the Administering Authority (the U.S. Trade Representative) to submit by March 1 of each year to specified congressional committees a statement of the actions the Administering Authority proposes to take during such year to achieve such objectives. Requires the committees to hold hearings on such proposals and to advise the Administering Authority on such proposals. Declares that U.S. objectives in any trade negotiations shall be: (1) to obtain more open and equitable market access abroad for U.S. products and services, the reduction and elimination of the adverse effects of certain foreign trade practices, and improved effectiveness of the rules governing international trade; (2) to develop internationally accepted rules which meet certain needs; and (3) to promote international cooperation in trade and monetary policies. Directs the Administering Authority to seek to obtain fair and equitable market opportunities through consultations on negotiations with foreign countries or instrumentalities in order to remedy the harmful efforts on U.S. trade of discriminatory procurement practices and regulatory requirements of such countries or instrumentalities. Authorizes the Administering Authority to: (1) suspend or withdraw benefits under any trade agreement with such countries or instrumentalities; (2) direct customs officers to impose import restrictions on the goods of such countries or instrumentalities and to impose fees or restrictions on the services of such countries or instrumentalities; (3) make available analysis and information to other U.S. agencies and courts for the purpose of ensuring consideration by such agencies and courts of the competitive impact of pending administrative or judicial decisions of such agencies or courts that could significantly enlarge the access of foreign products and services to the U.S. market; and (4) recommend action to the President with respect to service sector access authorization (a Federal authorization that gives a foreign supplier of services access to U.S. markets). Directs the Administering Authority, if there is a significant denial of market opportunities in a foreign country for U.S. products and services in an economic sector where the United States has increased market opportunities for such country's products and services, to: (1) act to obtain fair and equitable market opportunities in the markets of such foreign country; and (2) pending achievement of such opportunities, impose equivalent conditions of market access. Authorizes action to be taken under this Act upon motion of the Administering Authority or after investigation upon the filing of a petition. Title II: Transfer of Authority to Administering Authority; Amendments to Title I of Trade Act of 1974 - Amends the Trade Act of 1974 to transfer from the President to the Administering Authority the authority to: (1) take action in cases of market disruption; and (2) extend tariff preferences under the Generalized System of Preferences. Amends the Tariff Act of 1930 to transfer from the President to the Administering Authority the authority to make the final review of actions to prevent unfair practices in the importation of articles into the United States. Amends the Trade Act of 1974 to direct the Secretary of Commerce to establish a program to evaluate the industrial and trade policies of other countries and the effects of such policies on U.S. industries, trade, and employment. Requires the Secretary to report to the Congress annually on such program. Directs the Secretary in conjunction with the U.S. Trade Representative, to establish special industry sector advisory panels to assess the actual or potential dislocation, challenge, or opportunity for the industry sectors involved and to formulate recommendations for responses by business, government, and labor. Requires the industry and labor advisory committees established by the Trade Act of 1974 to hold joint meetings at the call of the respective committee chairs and to meet at the call of the Administering Authority before and during trade negotiations to provide policy and technical advice and advice on any other factors relevant to U.S. positions in such trade negotiations. Authorizes the President to impose a temporary import surcharge at a level which the President determines to be necessary to assist in restoring equilibrium in the balance of payments in certain circumstances. (Currently such surcharge may not exceed 15 percent.) Limits the duration of such surcharge or limits imposed on imports to improve the balance of payments to one year. (Currently such measures may be imposed for only 150 days.) Deletes certain restrictions on imposing import limitations for such purposes. Authorizes one year extensions of such measures. Title III: Relief from Injury Caused by Import Competition - Transfers from the President to the Administering Authority the authority to take certain actions following import relief investigations by the International Trade Commission (ITC). Authorizes a petition for import relief to include within its statement of reasons for requesting import relief the desire to facilitate the orderly transfer of resources to enhance competitiveness. Changes the scope of the ITC's import relief investigation to include determining whether an article is being imported into the United States in such increased quantities as to be a cause (currently substantial cause) of serious injury or threat of serious injury to any domestic industry that produces an article like or directly competitive with the imported article or that produces materials, parts, components, or subassemblies irrevocably destined for incorporation in an article like or directly competitive with the imported article. Changes one of the factors that must be considered in making such determination with respect to serious injury in order to cover the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. (Current law refers to the inability of firms to operate at a reasonable profit.) Changes the factors that must be considered in making such determination with respect to the threat of serious injury in order to cover: (1) a decline in sales or market share in the domestic industry; (2) a higher and growing inventory in the domestic industry; (3) a downward trend in production, profits, wages, or employment (or increasing under employment) in the domestic industry; (4) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any class or kind of merchandise and that causes or threatens to cause serious injury to the domestic industry; (5) the extent to which the U.S. market is the focal point for diversion of exports of the article concerned because of restraints on exports of such article to, or imports of such articles into, third country markets; and (6) in the case of an industry that has developed an industry assessment and competitiveness strategy, the inability of producers in the domestic industry to generate adequate capital to finance the modernization of plant and equipment or to otherwise enhance competitiveness. Requires (currently authorizes) the ITC to make certain determinations with respect to determining the domestic industry producing an article like or directly competitive with an imported article. Defines "cause" for purposes of determining whether imports are a cause of injury to mean a cause which is important. Declares that a cause may be important even though other causes are of equal or greater importance. Requires the ITC, if it finds that serious injury or the threat of serious injury exists for a domestic industry, to: (1) find the amount of the increase in, or imposition of, any duty or import restriction necessary to prevent or remedy such injury; and (2) if it determines that adjustment assistance can assist in remedying such injury, recommend the provision of such assistance. Directs the Administering Authority, if during an import relief investigation it finds that critical circumstances exist, to impose provisional measures (increase in tariff, tariff-rate quotas, quantitative restrictions, orderly marketing agreements or a combination of such actions). Requires such measures to remain in effect until the later of the date: (1) on which the President revokes such measures; (2) on which the ITC makes a negative determination of injury; or (3) which is 60 days after the date on which the ITC makes an affirmative determination of injury. Declares that critical circumstances exist if a significant increase in imports over a short time has led to circumstances in which delay in relief would cause damage that would be difficult to repair. Requires the ITC, if it finds that serious injury has resulted from imports, to determine: (1) whether trade in the article concerned has been affected by coordinated government actions that are bestowed on a specific enterprise, industry, or group and that assist the beneficiary in becoming more competitive in exporting a class or kind of merchandise; and (2) the extent to which the U.S. market is the focal point for diversion of exports of such article because of restraints on exports of such article to, or on imports of such article into, third country markets. Directs the Administering Authority, if it determines to provide import relief and the ITC has found that trade in the article has been affected by such coordinated government actions, to consult and negotiate with other countries that produce or consume such article to seek the establishment of a multilateral framework to maintain and develop fair, equitable, and nondisruptive patterns of trade in such article. Directs the Administering Authority, after the ITC begins an import relief investigation based on a petition, to establish, upon request, an industry advisory group. Requires such an advisory group to prepare for the industry concerned an assessment of current problems and a strategy to enhance competitiveness. Directs the Administering Authority to try to obtain, on a confidential basis, information from the individual members of such advisory group on: (1) how such members intend to act upon the recommendations in such assessment and strategy; and (2) any other actions such members intend to take which will foster the objectives of the strategy. Requires the Administering Authority, the ITC, the Secretary of Labor, and the Secretary of Commerce to consider such assessment and strategy in making any import relief determination or taking any import relief actions. Requires the Administering Authority, if it determines to provide import relief and if an industry assessment and competitiveness strategy was submitted to the Administering Authority, to publish notice of the availability of, and a summary of, such assessment and strategy. Requires a review committee, if such summary is published, to: (1) monitor actions taken by the petitioners to improve the competitive position of the industry; (2) make recommendations for administrative action; and (3) submit recommended legislation to the Congress. Requires the review committee to consult with the advisory group members if the review committee determines that the firms or workers are not implementing or are implementing unsatisfactorily: (1) the recommended objectives and actions in the industry assessment and competitiveness strategy; or (2) the actions declared in the confidential information obtained by the advisory group. Requires the Administering Authority to request the ITC to issue a report on the probable economic effect on the industry of import relief if, after consultations with the advisory group members, the review committee determines that the failure to implement or failure to implement satisfactorily such actions is not justified by changed circumstances and has adversely affected overall implementation of the objectives of the industry assessment and competitiveness strategy. Requires the Administering Authority, if it decides to provide import relief, to consult with petitioners and representatives of workers and firms in the affected industry on the advisability and desirability of taking appropriate action under countervailing or antidumping duty provisions of the Tariff Act of 1930 or under title III of the Trade Act of 1974 if the Administering Authority has reason to believe that a foreign government or firm is engaged in any action or practice for which such relief is available. Title IV: Relief from Injurious Industrial Targeting and Unfair Trade Practices - Provides that injurious industrial targeting may trigger import relief actions. Defines injurious industrial targeting to mean any combination of coordinated government actions: (1) which are bestowed on a specific enterprise, industry, or group thereof; (2) which assist such enterprise, industry, or group to become more competitive in the export of any class or kind of merchandise; and (3) which cause or threaten to cause material injury. Transfers from the President to the Administering Authority the authority to take certain actions to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Authorizes the Administering Authority to: (1) suspend, withdraw, or prevent application of the benefit of trade agreement concessions with the foreign country or instrumentality involved; (2) direct customs officers to assess duties or impose other import restrictions on the products of such country or instrumentality or to assess fees or impose restrictions on the services of such country or instrumentality for such time, in such amount, and to such degree as the Administering Authority deems appropriate; (3) negotiate agreements to offset the burden or restrictions on U.S. commerce; (4) submit proposed administrative actions and legislation to implement any other government action which would restore or improve the international competitive position of the injured or threatened industry; (5) recommend action by the President; or (6) any combination of such actions. Transfers to the Administering Authority from the President the authority to impose certain limits on service sector access authorizations (authorizations that permit a foreign supplier of services access to the U.S. market). Authorizes the President, upon recommendation of the Administering Authority, to: (1) restrict the terms and conditions of any service sector access authorization; or (2) deny the issuance of any such authorization. Directs the Administering Authority to consult with representatives of domestic firms and workers that may be affected by any import relief investigation which is initiated by petition filed with the Administering Authority regarding any determination which is required to be made by the Administering Authority. Directs the Administering Authority, upon written request, to make confidential business information obtained by it in connection with an import relief investigation available under a protective order. Prohibits release of information classified for national security reasons. Requires the Administering Authority to act upon requests for such information within ten days of the request. Requires the Administering Authority, in conducting an import relief investigation initiated by petition to the Administering Authority, to present detailed questionnaires to the foreign government or enterprise involved in order to obtain information concerning the allegations in the petition. Directs the Administering Authority to verify any such information which the Administering Authority relied upon in making any determinations. Provides for relying on the best information available, which may be the information contained in the petition, if the foreign government fails to provide information or provides insufficient or unsatisfactory information. Requires the Administering Authority to make a preliminary determination within five months of the start of such an import relief investigation on whether there is reason to believe that import relief is warranted. Authorizes the Administering Authority to take certain actions based on the preliminary finding. Requires the final determination to be made within 11 months of the start of the investigation. Requires the Administering Authority to determine what actions to take if the final determination is that import relief is warranted except that specific actions are required if injurious industrial targeting is found to exist. Requires the Administering Authority to consult with the petitioner and representatives of the affected domestic firms and workers if the final determination is affirmative. Requires the Administering Authority to report to the Congress if the final determination is affirmative and the Administering Authority declines to take any action. Terminates any preliminary import relief if the final determination is negative. Requires publication in the Federal Register of such preliminary and final determinations. Requires the Administering Authority, if it makes a preliminary finding that injurious industrial targeting exists, to: (1) establish an advisory committee; and (2) formulate, in consultation with such advisory committee, proposals which would restore or improve the competitive position of affected domestic industries. Requires the Administering Authority to notify the ITC when it initiates an investigation of injurious industrial targeting. Requires the ITC to make a preliminary determination within 60 days of receiving such notice of whether there is a reasonable indication that because of sales or likely sales of the merchandise which is the subject of the investigation: (1) an industry in the United States is materially injured or is threatened with material injury; or (2) the establishment or growth of an industry in the United States is materially retarded. Requires the ITC to make a final determination of whether such circumstances exist by: (1) 45 days after the affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is affirmative; or (2) 75 days after an affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is negative. Makes the ITC's determination subject to review by the U.S. Court of International Trade if such determinations were made under the countervailing or antidumping duty provisions of the Tariff Act of 1930. Defines material injury and threat of material injury. Requires the Administering Authority to submit to the President any proposed administrative action and any proposed legislation to restore or improve the competitive position of the injured industry if the preliminary and final determinations are that injurious industrial targeting has occurred. Provides for expedited consideration of such legislation. Requires the Administering Authority to report to the Congress on the actions the Administering Authority will take to offset the material injury or threat of material injury from the injurious industrial targeting. Authorizes the Administering Authority to enter into a settlement agreement with the foreign country or entity involved in lieu of taking other actions if: (1) such agreement completely eliminates the material injury or threat of material injury from the injurious industrial targeting; and (2) such agreement is approved by the petitioner if the investigation began because of a petition. Authorizes the Administering Authority to take actions to compensate a foreign country or entity if the contracting parties to the General Agreement on Tariffs and Trade (GATT) disapprove of actions taken in response to injurious industrial targeting. Directs the Administering Authority to consult with the petitioner and the representatives of affected domestic firms and workers if, in the course of an investigation, the Administering Authority has reason to believe that a foreign government engaged in dumping or other actions for which relief is available under specified provisions of the Tariff Act of 1930. Title V: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to add requirements for a country to be considered a "country under the Agreement" for purposes of the countervailing duty provisions of such Act. Requires such a country to have made a commitment under the GATT to: (1) eliminate its export subsidies within one year (five for least developed countries); (2) not increase, extend, or add export subsidies; and (3) eliminate immediately export subsidies on those products in which such country is competitive. Requires the ITC, upon request, to investigate whether the merchandise is already competitive in the U.S. market and whether the merchandise would be competitive in the absence of export subsidies. Directs the Administering authority to review the status of, and compliance with, specified agreements at least once during each 12-month period. Directs the Administering Authority to publish such determinations. Imposes penalties for failure of a foreign country to honor any term of such agreements. Includes natural resource subsidies within the definition of subsidy for purposes of such Act. Declares that a natural resource subsidy exists if: (1) a natural resource product is provided or sold by a government-controlled entity within a country for use in the manufacture or production in such country of merchandise which is the subject of a countervailing duty investigation at a domestic price that is lower than the fair market value of the natural resource product in such country and that is not freely available to U.S. producers for purchase of that product for export to the United States; and (2) such natural resource product would, if sold at the fair market value, constitute a significant portion of the total cost of the manufacture or production of such merchandise. Changes the definition of foreign market value for purposes of countervailing duty investigations. Requires the Administering Authority to include in calculating the cost of producing the merchandise the value of any benefit the producer or manufacturer has received from government research and development programs. Requires sales made at less than cost of production to be disregarded in the determination of foreign market value if such sales were made over an extended period of time and in substantial quantities. Sets forth a special rule for determining cost of production and constructed value if imports of the merchandise into the home market have been unreasonably restrained. Requires the ITC, in determining whether a U.S. industry is threatened with material injury because of imports, to consider: (1) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any merchandise and to cause or threaten to cause material injury to the United States; and (2) the extent to which the United States is the focal point for exports of the merchandise by reason of restraints on exports of the merchandise to, or on imports of the merchandise into, third country markets.
United States · United States Congress · 3 April 1985
Amends the International Development Association Act to direct the Secretary of the Treasury to pay to the Special Facility for Sub-Saharan Africa $450,000,000. Authorizes appropriations.
United States · United States Congress · 3 April 1985
Multilateral Development Bank Act of 1985 - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Bank for Reconstruction and Development to vote for an increase in the authorized capital stock of the Bank and to subscribe on behalf of the United States to a specified number of additional shares of such stock. Authorizes appropriations to pay for such shares. Amends the International Finance Corporation Act to authorize the U.S. Governor of the International Finance Corporation to vote for an increase in the authorized capital stock of the Corporation and to subscribe on behalf of the United States to a specified number of additional shares of such stock. Authorizes appropriations to pay for such shares. Amends the African Development Fund Act to authorize the U.S. Governor of the African Development Fund to contribute a specified amount to the Fund. Authorizes appropriations to pay for such contribution.
United States · United States Congress · 2 April 1985
Financial Services Equity Act of 1985 - Title I: Depository Institutions Act of 1985 - Amends the Bank Holding Company Act of 1956 to redefine the term "bank" to: (1) include any bank insured by the Federal Deposit Insurance Corporation; and (2) exclude foreign banks having an insured or uninsured branch in the United States, insured institutions, trust companies, credit unions that are, or are eligible for, insurance by the National Credit Union Administration Board, consumer banks (banks which do not make commercial loans), certain industrial banks which do not both make commercial loans and accept demand deposits, and institutions which engage solely in credit card operations. Defines the terms "depository institutions securities affiliate" and "commercial loan" for purposes of such Act. Provides that an institution shall not be deemed to be engaged in the business of making commercial loans if the aggregate principal amount of its outstanding commercial loans does not exceed ten percent of its total assets in three out of every four quarters and two out of every three years. Permits a company, with 30 days notice to the Board of Governors of the Federal Reserve System, but without the Board's approval, to acquire a bank in a reorganization in which persons exchange their shares of the bank for the same proportional share interest in the company if, immediately after such acquisition, the company: (1) meets the financial standards prescribed by the Board for bank holding companies; and (2) does not engage in any activities other than banking or managing banks. Revises provisions concerning nonbanking activities of bank holding companies. Authorizes a bank holding company to acquire shares of a company the activities of which the Board has determined to be: (1) closely related to banking; (2) of a financial nature and designed to enable bank holding companies to adjust to technological innovations in the provision of banking-related services; or (3) of a financial nature and substantially identical to products or services offered by nonbanking concerns which are competitive with products or services provided by banks. Continues restrictions concerning insurance activities. Prohibits a bank holding company from engaging in authorized activity de novo or by acquisition unless it provides the Board 60 days' prior notice and the Board does not, within such 60 days, issue an order disapproving the proposal or suspending the 60-day period in order to obtain more information. Directs the Board to: (1) consider the managerial and financial resources of the companies involved as well as the public benefits and possible adverse effects when determining whether to disapprove an activity; and (2) periodically promulgate regulations designating authorized activities. Permits a bank holding company to establish or acquire shares of a depository institution securities affiliate. Prescribes permissible activities for such affiliates, which include any securities or securities-related activity that a national banking association is not prohibited from conducting. Prohibits a holding company that establishes or acquires a securities affiliate which conducts such activities from allowing the depository institutions it controls to conduct certain securities or securities-related activities. Sets forth reporting and examination requirements for nonbank subsidiaries of bank holding companies. Provides for the use of reports required by other statutes or agencies. Prohibits any State from prohibiting the affiliation of a national banking association with a depository institution securities affiliate or other company in which a bank holding company may acquire an interest under this Act. Prohibits a State-chartered bank subsidiary of a bank holding company from conducting activities or making investments outside the State where it is chartered unless those activities are permissible for either a bank holding company under this Act or for a national bank under Federal law. Subjects Board orders regarding company or securities affiliate acquisitions by bank holding companies under this Act to judicial review solely on questions relating to any Board finding: (1) that a proposed activity is permissible for a bank holding company; and (2) regarding unfair competition. Prohibits the reviewing court from: (1) staying the Board's order approving such acquisition pending judical review; or (2) overturning the Board's findings unless demonstrated to be plainly in error and at variance with the facts. Permits the court to assess litigation fees against any party that petitions for judical review of such an order of the Board if the court finds such petition to be nonmeritorious. Amends the Banking Act of 1933 to authorize: (1) a bank that is a member of the Federal Reserve System (member bank) to be affiliated with a depository institution securities affiliate; and (2) an officer, director, or employee of any member bank to serve simultaneously in such a position with such an affiliate. Amends the Federal Deposit Insurance Act to apply to insured nonmember banks the restrictions contained in the Banking Act of 1933 on affiliations and director, officer, and employee relationships between member banks and securities organizations, with specified exceptions. Title II: Interstate Banking Act - Interstate Banking Act of 1985 - Authorizes interstate branching by national banks. Permits a national bank of one State to establish a branch in another State to the same extent such other State allows interstate branching by State banks. Authorizes States to allow such interstate branching: (1) without restrictions; or (2) based on the location of the other States involved or on reciprocal treatment by the other States. Requires any State which permits interstate branching on a geographic basis during the two years following enactment of this title: (1) beginning one year after the effective date of this title, to allow the establishment of branches by banks located in any contiguous State which provides reciprocal treatment; and (2) beginning two years after the effective date of this title, to allow the establishment of branches by banks located in any State providing reciprocal treatment. Amends the Bank Holding Company Act of 1956 to allow a State to authorize a bank holding company, the banking operations of which are principally located in another State, to acquire interest in, or voting shares or assets of, a bank located in such State. Authorizes a State to allow such acquisitions: (1) without restriction; or (2) on the basis of the location of the other States involved or reciprocal treatment by such other States. Requires any State which permits such acquisitions on a geographic basis within the two years following enactment of this title: (1) beginning one year after the effective date of this title, to permit such an acquisition by an out-of-State bank holding company located in any contiguous State which provides for reciprocal treatment; and (2) beginning two years after the effective date of this title, to allow such an acquisition by any out-of-State bank holding company located in any State which provides for reciprocal treatment. Amends the Federal Deposit Insurance Act to prohibit the responsible agency from approving a merger that would result in a bank, insured by the Federal Deposit Insurance Corporation, operating branches in more than one State unless the merger is authorized by the laws of the States in which such branches will be operated. Authorizes States to allow interstate mergers: (1) without restriction; or (2) on the basis of the location of the other States involved or reciprocal treatment by such other States. Requires any State which permits such mergers on a geographic basis within the two years following enactment of this title: (1) beginning one year after the effective date of this title, to allow such a merger by an out-of-State bank located in any contiguous State which provides for reciprocal treatment; and (2) beginning two years after the effective date of this title, to allow such a merger by any out-of-State bank located in any State which provides for reciprocal treatment. Amends the Home Owners' Loan Act of 1933 to authorize States to allow interstate branching by Federal savings and loan associations or Federal savings banks: (1) without restriction; or (2) on the basis of the location of the other States involved or reciprocal treatment by the other States. Requires any State which permits such interstate branching on a geographic basis within the two years following enactment of this title: (1) beginning one year after the effective date of this title, to allow the establishment of such branches by such banks located in any contiguous State which provides for reciprocal treatment; and (2) beginning two years after the effective date of this title, to allow the establishment of branches by such banks located in any State providing for reciprocal treatment. Amends the National Housing Act to direct the Federal Savings and Loan Insurance Corporation (FSLIC) to permit a reorganization or merger involving insured Federal savings and loan associations located in different States if such a reorganization or merger or interstate branching by such associations is expressly permitted under the laws of the States involved. Authorizes a State to allow such a merger, reorganization, or interstate branching: (1) without restriction; or (2) on the basis of the location of the other States involved or reciprocal treatment by such other States. Requires any State which permits such a merger on a geographic basis within the two years following enactment of this title: (1) beginning one year after the effective date of this title, to allow such a merger by out-of-State savings and loan associations located in any contiguous State which provides for reciprocal treatment; and (2) beginning two years after the effective date of this title, to permit such a merger by any out-of-State associations located in any State which provides for reciprocal treatment. Requires each savings and loan to notify the FSLIC of the State designated as its principal place of business. Authorizes the FSLIC to allow a savings and loan holding company whose operations are principally conducted in one State to acquire interest in, or the voting shares or assets of, any association located in another State if the laws of such State expressly permit such acquisition. Authorizes States to allow such acquisitions: (1) without restriction; or (2) on the basis of the location of the other States involved or recpiprocal treatment by such other States. Requires any State which permits such acquisitions on a geographic basis within the two years following enactment of this title: (1) beginning one year after the effective date of this title, to allow such acquisitions by out-of-State holding companies located in any continguous State which provides for reciprocal treatment; and (2) beginning two years after the effective date of this title, to permit such acquisitions by out-of-State holding companies located in any State which provides for reciprocal treatment. Title III: Deposit Availability - Fair Deposit Availability Act of 1985 - Requires a depository institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by a check or similar instrument into a deposit account. Requires that interest be computed on funds deposited by such an instrument into an interest bearing account starting no later than the date the institution receives provisional credit for such instrument. Requires the Federal Reserve Board to publish for comment and implement within three years a regulation to improve the check clearing system used by depository institutions in order to make deposits by a check drawn on: (1) local institutions available for withdrawal after one business day after deposit: and (2) other institutions available after three business days after deposit. Requires the Board to establish an Expedited Funds Availability Council to advise and consult with the board in the exercise of its functions under this title. Requires the Secretary of the Treasury to require that funds deposited by a check drawn on the Treasury, which is endorsed for deposit by a customer with an established relationship with the depository institution, be available for withdrawal when the depository institution is given provisional credit for that check. Sets forth provisions governing the civil liability of institutions that fail to comply with this title. Requires the Board to prepare a study and submit its findings to the Congress on the effect of improvements and changes in the check clearing system. Title IV: Truth in Savings - Truth in Savings Act - Requires each advertisement, announcement, or solicitation made by any depository institution regarding the rate of interest payable on any deposit to: (1) state the annual percentage yield and the method of compounding interest; (2) state the annual rate of simple interest and the period during which such rate will be effective; and (3) give equal prominence to all annual percentage yields and annual rate of simple interest. Requires the annual percentage yield to always be stated before the annual rate of simple interest. Requires the Federal Reserve Board to prescribe such regulations as necessary to carry out and facilitate compliance with the provisions of this Act and to prevent their evasion or circumvention. Title V: Amendments to the Garn-St Germain Depository Institutions Act of 1982 - Amends the Garn-St Germain Depository Institutions Act of 1982 to extend the Deposit Insurance Flexibility Act for three years. Title VI: Agricultural Bank Capital Assistance Act - Agricultural Bank Capital Assistance Act - Amends the Federal Deposit Insurance Act to direct the Federal Deposit Insurance Corporation to use its authority under the Net Worth Certificate Act to purchase net worth certificate of certain qualified financial institutions which have made more than 20 percent of their loans for agricultural purposes. Revises capital to adjusted total asset ratio requirements for such qualified institutions. Amends the Garn-St Germain Depository Institutions Act of 1982 to extend the Net Worth Certificate Act by three years.
United States · United States Congress · 2 April 1985
Provides that, for taxable years prior to 1985, rural letter carriers are permitted to compute the amount of the deduction for the use of their automobile in performing services involving the collection and delivery of mail on a rural route by: (1) using the amount received as equipment maintenance allowances from the United States Postal Service; or (2) using the form entitled "Worksheet for Use of Rural Carrier in Reporting Equipment Allowance and Claiming Transportation Expense Deduction." Provides that, for taxable years beginning after 1984, rural letter carriers are permitted to compute the amount of their deduction for use of their automobile in performing such services: (1) by using a standard mileage rate for all such miles of such use equal to 150 percent of the basic standard rate; or (2) by calculating the equipment allowance deduction equal to the operating expenses. Removes the 50 percent of business use limitation contained in the Internal Revenue Code for rural letter carriers who claim the investment tax credit and the depreciation deduction for their automobiles.
United States · United States Congress · 2 April 1985
Military Chaplains Faith Balance Act of 1984 - Directs the Secretary of Defense to increase the representation of underrepresented religious faiths among armed forces chaplains.
United States · United States Congress · 2 April 1985
World War I Veterans' Service Pension Act - Directs the Administrator of Veterans Affairs to pay a monthly pension of $150 to each veteran of World War I who meets specified service requirements. Requires such veteran, if receiving another pension administered by the Veterans Administration (VA), to elect which pension he will receive. Provides for the payment of a monthly pension of $100 to surviving spouses of World War I veterans who meet certain marriage requirements. Requires such surviving spouses to choose between pensions if they are currently receiving another pension through the VA.
United States · United States Congress · 1 April 1985
International Development and Growth Act of 1985 - Title I: - Sets forth the findings and purposes of this Act. Title II: Policy and Presidential Mandate - Declares that achievement of an orderly movement toward lower exchange rates for the dollar is a primary objective of U.S. economic policy. Directs the President to pursue: (1) negotiations with U.S. trading partners regarding the high value of the dollar on exchange markets; and (2) steps to secure necessary commitments for actions from such countries to help moderate the dollar in international exchange markets. Directs the Federal Reserve Board to consider actions in coordination with the central banks of U.S. trading partners to lower dollar exchange rates. Title III: Commission on International Development - Establishes the Commission on International Development which shall make recommendations to the President and the Congress concerning: (1) changes in U.S. fiscal and monetary policies which will encourage international economic growth and stimulate the volume of international trade; (2) actions which should be taken to stimulate growth of developing economies and to counteract the adverse effects which the high level of international debt is having on developing economies and the U.S. trade imbalance; (3) the restructuring of the international monetary system and the system of international trade finance; (4) new institutional mechanisms to stretch out developing country debt to longer term maturities; and (5) expanded roles for private banks and existing multilateral development institutions. Sets forth administrative provisions governing the Commission. Authorizes appropriations.
United States · United States Congress · 1 April 1985
Trade Law Reform and Enforcement Act of 1985 - Title I: Relief from Injury Caused by Import Competition - Amends the Trade Act of 1974 to transfer from the President to the U.S. Trade Representative (USTR) the responsibility for taking action with respect to import relief petitions. Changes the injury test for import relief actions. Requires a petitioner for import relief to show that increased imports are a cause of serious injury to a competing domestic industry. Defines "cause" to mean an important cause even if another cause is of equal or greater importance. (Current law requires the petitioner to show that increased imports are a "substantial cause" of serious injury to such domestic injury.) Requires the International Trade Commission (ITC), in investigating whether increased imports are causing serious injury, to consider the inability of a significant number of firms to operate domestic production facilities at a reasonable level of profit. (Current law does not refer specifically to domestic production facilities.) Requires the ITC, in investigating whether increased imports of an article are resulting in a threat of serious injury to domestic competitors, to consider, in addition to other factors: (1) any act, policy, or practice of an exporting country intended to increase the competitiveness of the article in world markets; (2) the extent to which the U.S. market is the focal point for diversion of exports of such article by reason of restraints on exports of such article to, or on imports of such article into, third country markets; or (3) the inability of the domestic producers to generate adequate capital to finance the modernization of plant and equipment. Authorizes the USTR to establish an adjustment advisory group (the advisory group) for an industry on the same day that the ITC begins an import relief investigation based on a petition filed by an entity which is representative of such industry, if such entity requests that the advisory group be established. Requires the advisory group to prepare for the industry concerned an adjustment plan that sets forth specific objectives to improve the ability of the industry to compete in the world market or to assist the industry to adjust to new competitive realities. Declares that the advisory group should set forth those actions that Federal agencies may take, and specify any additional legislative authority needed, to help achieve the objectives of the adjustment plan. Requires an adjustment plan to be completed within 120 days after the start of the ITC import relief investigation. Requires the USTR to seek the unanimous agreement of the advisory group regarding the adjustment plans objectives and actions and to notify the the ITC and specified Federal officers of each unanimously agreed upon objective or action. Directs the President, if the USTR decides to provide import relief and such an adjustment plans was prepared, to published the adjustment plan in the Federal Register. Makes the actions specified in the adjustment plan obligatory for the firms, workers, and their representatives within the industry and the Federal agencies affected by the adjustment plan upon such publication. Requires the USTR to establish, concurrently with such publication, an adjustment plan review board (review board) that shall: (1) monitor the carrying out of the approved actions in the plan; (2) make such recommendations for administrative action under existing statutory authority as may be necessary to implement Federal obligations under the plan; and (3) submit to the Congress recommended legislation to achieve the objectives of the plan. Requires the review board to notify the USTR if the review board determines that failure of the firms or workers or their representatives to implement or to implement satisfactorily their obligations under the adjustment plan is not justified by changed circumstances and has adversely affected overall adjustment plan implementation to the extent that the objectives of the plan cannot be achieved. Authorizes the USTR, upon such notification to modify or terminate all import relief provided to the industry concerned. Authorizes the USTR, whenever the USTR during an import relief investigation finds that critical circumstances exist, to impose provisional import relief measures unless disapproved by the President. Authorizes the USTR to find that critical circumstances exist if sharply increased imports over a relatively short period of time have led to circumstances in which a delay in the imposition of relief measures would likely cause damage which would be difficult to repair. Requires the ITC, if it makes an affirmative finding or recommendation in an import relief investigation, to determine also whether trade in the article concerned has been affected by the actions of a foreign government or governments to expand export markets or increase the competitiveness in world markets, and any restrictions on imports of the article for safeguard or other reasons. Directs the USTR, if the ITC determines that trade in the article concerned has been affected by such government actions, to consult and negotiate with foreign countries to seek to restore fair and equitable trade patterns. Title II: Enforcement of United States Rights Under Trade Agreements and Response to Injurious Industrial Targeting and Other Foreign Trade Practices - Authorizes the USTR to take one or more specified actions to enforce U.S. trade rights or to respond to unfair foreign trade practices (other than injurious industrial targeting), if the USTR determines such action is appropriate. (Current law requires the President to take all appropriate and feasible actions to enforce U.S. trade rights or to eliminate unfair trade practices.) Sets forth the kinds and scope of actions which the USTR may take. Requires the USTR to file with the ITC a copy of the petition or other document which causes the USTR to start an investigation into injurious industrial targeting. Defines "injurious industrial targeting" to mean any combination of coordinated government actions that are bestowed on a specific enterprise the effect of which is a significant factor in such enterprise capturing increases in market shares of any kind of merchandise that is directly competitive with merchandise produced by a U.S. industry. Requires the ITC to make a preliminary determination within 60 days of the start of the investigation on whether it is likely that, because of sales or likely sales in the United States or abroad of the merchandise under investigation: (1) an industry in the United States is materially injured or is threatened with material injury; or (2) the establishment or growth of an industry in the United States is materially retarded. Requires the ITC to make a final determination on such question within 45 days after the USTR determines that injurious industrial targeting exists. Requires the USTR to take one or more specified actions if the preliminary determinations of the ITC and of the USTR are both affirmative. Requires the USTR, unless a settlement agreement is reached, to take one or more specified actions to offset the injury to a U.S. industry if the final determinations of the ITC and the USTR are affirmative. Directs the USTR to appoint an advisory committee of representative firms, workers, and Federal employees if the USTR's preliminary determination finds that injurious industrial targeting exists. Directs the USTR, in consultation with such committee, to formulate actions to restore and improve the competitive position of the industry concerned in the U.S. market and export markets. Requires the USTR, if the final determination is that injurious industrial targeting exists, to: (1) submit to the Congress information with respect to those trade actions that the USTR proposes to take to offset the injury, threat of injury, or retardation of U.S. industry; and (2) submit to the President the proposed administrative actions and legislation if the USTR decides to provide this kind of relief. Sets forth the method of determining material injury or threat of material injury. Requires the USTR to make a preliminary determination within 150 days of the start of an investigation of alleged unfair trade practices or injurious industrial targeting on whether there is reason to believe that it is likely that: (1) U.S. action will be appropriate; or (2) injurious industrial targeting exists. Provides that if the preliminary determination is affirmative, the USTR: (1) may take certain provisional actions if injurious industrial targeting is not involved; or (2) shall take certain provisional actions if the investigation involves injurious industrial targeting. Requires the USTR to make a final determination within 330 days of the start of an investigation of alleged unfair trade practices or injurious industrial targeting on whether: (1) U.S. action is appropriate; or (2) injurious industrial targeting exists. Provides for certain actions to be taken if such final determination is affirmative. Directs the USTR to consult closely with the petitioner on the nature of any U.S. action in response to unfair trade practices. Directs the USTR, if the final determination is negative, to terminate any provisional action that had been taken and to refund any duties or fees collected. Directs the USTR to consult with the appropriate private sector advisory representatives regarding actions to be taken in response to unfair trade practices. Directs the USTR to obtain detailed information from foreign governments about the allegations contained in petitions made in connection with investigations of unfair trade practices or of injurious industrial targeting. Requires the USTR to verify such information. Requires the determination of the USTR to be made on the basis of the best available information if the foreign government fails to provide information requested by the USTR. Authorizes the USTR to accept a settlement agreement in lieu of taking other actions in cases involving injurious industrial targeting. Prohibits acceptance of such an agreement without the concurrence of the petitioner. Directs the USTR to consult with representatives of the industry affected and with the appropriate trade policy advisory committee with respect to preliminary or final determinations of appropriate U.S. responses to unfair trade practices. Requires the USTR to seek the reviews of such industry representatives and committees if the USTR decides that action by the United States is not appropriate. Requires the USTR to report the views of such industry representatives and committees to the Congress before taking such negative action if the industry representatives and committees disagree with the decision of the USTR. Directs the USTR, if the contracting parties to the General Agreement on Tariffs and Trade disapprove of any action taken by the United States in response to unfair trade practices or injurious industrial targeting, to take such action as the USTR determines appropriate to compensate any foreign country or instrumentality adversely affected by such action. Directs the USTR to consult with the petitioner and the representatives of workers and firms in the affected industry on whether to take action under the Tariff Act of 1930 if the USTR has reason to believe that the foreign government under investigation is engaged in acts or practices actionable under title VII of the Tariff Act of 1930 (relating to countervailing and antidumping duties.) Directs the USTR to direct the Secretary of Commerce to begin an antidumping or countervailing duty investigation if it is determined to be appropriate. Title III: Miscellaneous Amendments - Amends the Tariff Act of 1930 to direct the ITC to establish and implement a program to assess and evaluate the industrial and trade policies of other countries and their effects on U.S. industries, trade, and employment. Directs the ITC to submit a report annually to the Congress setting forth the assessments and evaluations and describing the developments that will affect the competitive position of U.S. industry and of particular U.S. industry sectors. Directs the USTR to convene a special industry sector advisory panel for especially significant industries that will be affected by development which either create a significant likelihood of a competitive challenge to, or of substantial dislocation in, key linkage industries in the United States or present significant opportunities for U.S. industries to compete in new geographical markets or product markets or to expand their position in established markets.
United States · United States Congress · 1 April 1985
Industrial Strategy Act - Title I: Cooperation Council - Establishes the Economic Cooperation Council. Directs the Council to: (1) gather information and monitor the changing nature of the United States industrial economy and its capacity to provide marketable goods and services in the domestic market and to respond to international competition; (2) publish reports containing its recommendations on such information and on industrial development priorities, at the request of the President, the Congress, or a majority of its members; (3) provide direction to the Congress and to Federal agencies on national industrial policy and sectoral strategies; (4) establish area and sectoral councils to develop long-term strategies for sectors of the economyn or particular regions of the country; (5) provide policy guidance for the Industrial Modernization and Financing Association created by this Act; and (6) transmit to the Congress and the President, within one year after enactment of this Act, a report containing its recommendations for changes in Federal policy needed to implement an effective national industrial strategy. Establishes within the Council a Bureau of Economic Information (BEI). Directs the BEI to: (1) gather and evaluate data from other Government entities: (2) identify information practices which require improvement; (3) conduct economic research not available from other Government entities; (4) solicit information from private sources; and (5) develop the information into the form required by the Bureau of Economic Analysis. Creates within the Council a Bureau of Economic Analysis (BEA). Directs the BEA to: (1) analyze BEI information for the Council and the IMFA; (2) identify economic trends and market opportunities which American enterprises may use to promote the growth and vitality of the U.S. economy; (3) propose changes in Government policies or practices to facilitate such use; (4) provide for the dissemination of economic data to the private sector; and (5) provide staffing functions for the council's development of sectoral and national industrial strategies and consensus among affected parties. Requires the council to report annually to the President, the IMFA, and both Houses of the Congress on the major industrial development priorities of the United States, policies needed to meet such priorities, and council recommendations for administrative and legislative actions. Authorizes appropriations for FY 1985 through 1990. Title II: Industrial Modernization and Financing Association - Creates the IMFA as a Government agency. Vests IMFA powers in its Board of Directors. Directs the IMFA to: (1) enter into agreements necessary to assure that all parties carry out their responsibilities under a modernization plan adopted by the council; (2) provide financial assistance toward carrying out and such plan; and (3) assist the parties in obtaining assistance from other Federal agencies or private sources. Authorizes the IMFA to make loans and loan guarantees for up to 30 percent of the funding necessary to carry out individual projects, provided that no individual loan guaranteed by the IMFA shall exceed $500,000,00. Authorizes the IMFA to enter into financial assistance contracts under which the IMFA would participate in gains of assistance recipients. Directs the IMFA to try to use guarantees for loans from pension funds to industry. Sets forth other conditions land requirements for loans, loan guarantees, and applications. Directs the IMFA to submit to the President and the Congress an annual report on its operations, its revenues and expenditures, and its obligations and outstanding securities. Title III: Federal Industrial Loan Corporations - Federal Industrial Loan Corporation Act - Establishes the Federal Industrial Loan Corporation. Directs the Corporations to: (1) coordinate its actions with the Council; and (2) use its powers to help achieve the Council's goals. Authorizes the Corporation to purchase and make commitments to purchase certain industrial loans from qualified financial institutions and to hold, deal with, and sell such loans. Directs the Corporation to establish minimum standards for such financial institutions. Permits the corporation to issue and sell securities based upon such loans as it may set aside. Directs the corporation to submit an annual report on its activities to the President and the Congress. Authorizes appropriations for FY 1986.
United States · United States Congress · 1 April 1985
Export Promotion and Fair Credit Act of 1985 - Amends the Export-Import Bank Act of 1945 to establish the Fund for Countering Abusive Mixed and Tied Aid Credits (the Fund) which shall provide the Export-Import Bank (the Bank) with a source of funds to support offers of mixed credits in order to discourage or, failing that, to counter offers of abusive mixed credits. Directs the Bank to use the Fund exclusively to finance the difference between the amount by which the interest rate the Bank considers necessary to discourage or counter an abusive mixed credit offer supported by a foreign government exceeds the greater of: (1) the interest rate the Bank would normally charge; or (2) the interest rate which any U.S. private financial institution is prepared to offer on such loan. Grants eligibility for such mixed credit offers to any country which is eligible for either development assistance or economic support funds. Directs the Bank to use the Fund aggressively to discourage or effectively counter abusive mixed credit offers supported by foreign governments. Authorizes appropriations. Reserves a specified portion of the Bank's direct lending authority for FY 1985 for establishing a mixed credit program. Requires such mixed credit program: (1) to be used by the Bank to discourage or counter abusive mixed credit offers; (2) to be conducted in association with the Fund; and (3) to give priority to the needs of small businesses. Establishes in the Bank an Office of Competitive Export Financing which shall advise the Bank's Chairman and Board of Directors on: (1) current developments in the official export financing of major U.S. trade competitors; (2) innovations and improvements needed to discourage or counter comparable practices used by other countries; and (3) policies and procedures the Bank should follow in order to become an effective originator of loan offers and to improve the Bank's effectiveness in discouraging or countering such practices.
United States · United States Congress · 28 March 1985
Satellite Television Viewing Rights Act of 1985 - Amends the Communications Act of 1934 to allow any person to receive encrypted satellite cable programming decoded for private viewing upon compliance with prices, terms, and conditions established in the marketplace or by the Federal Communications Commission (FCC). Prohibits any person from: (1) denying the availability of such programming for private viewing; (2) substantially restricting the availability of such programming for private viewing through pricing or other terms or conditions; (3) discriminating in price between different distributors offering comparable distribution services; or (4) requiring a person to purchase or lease decoding equipment from a specific source in order to receive such programming. Directs the FCC, if petitioned, to establish reasonable prices, terms, and conditions for the private viewing of such programming in a market by any person who: (1) has been denied viewing rights for at least ten days; (2) has been offered such rights on terms or conditions which substantially restrict the availability of programming; (3) resides in the franchised area of a cable television system where the operator is the sole source of such programming; or (4) resides outside of the franchised area of a cable system where the price for viewing rights is higher than the price paid by subscribers within the market. Sets forth factors to be considered by the FCC in establishing prices.
United States · United States Congress · 28 March 1985
Fair Competition in Hydroelectric Licensing Act of 1985 - Amends the Federal Power Act to prescribe guidelines under which the Federal Energy Regulatory Commission (FERC) shall determine which electric utility license applicant offers the proposal best adapted to a certain comprehensive plan for waterways improvement. Prohibits the Commission from denying a license to a competing applicant because it has not previously operated a hydroelectric project. Requires the existing licensee to: (1) make available to an entity planning to file a competing license application all the data necessary to complete such application, and to grant a competing applicant access to the project works and lands; and (2) agree to perform with competing applicants certain joint studies required to be submitted with a license application. Requires FERC to give preference to State or municipality proposals which are equally well adapted to comprehensive plans for waterway improvement as the proposals of other applicants. Authorizes FERC to require implementation of electricity consumption efficiency improvement programs for the conservation and proper utilization of natural resources. Requires FERC to include as a condition of a license that an electric utility licensee provide in the public interest: (1) transmission services to other electric utilities over its transmission facilities; and (2) an increase in the transmission capacity of any bulk power transmission facility which it owns or operates. Authorizes the Commission to make available to the existing licensee up to an average of 25 percent of the project output for the initial one-fifth of the license term at the new licensee's cost of power and energy from the project. Requires FERC to issue new licenses no later than 12 months prior to the expiration date of an existing license. Requires the Commission to report annually to the Congress all projects for which new licenses have not been issued within such period. Requires FERC to transmit to the Attorney General all license applications in order to ascertain whether any activities under the Act would tend to be inconsistent with certain antitrust laws. Prohibits the Commission from issuing a license where such inconsistencies are found. Amends the Public Utility Regulatory Policies Act to repeal FERC's authority to exempt certain small hydroelectric power projects from the licensing requirements of the Federal Power Act.
![Official portrait of Rep. Lundine, Stanley N. [D-NY-34]](https://www.congress.gov/img/member/l000516_200.jpg)