United States · United States Congress · 29 January 1986
Authorizes the L-5 Society to establish a memorial on Federal land in the District of Columbia or its environs to honor America's astronauts, especially those astronauts who gave their lives in pursuit of knowledge for all mankind. Requires the L-5 Society to select, subject to the approval of the Commission of Fine Arts and the National Capital Planning Commission, the site, design, and plans for the memorial. Terminates the authority to establish the memorial if its construction is not begun within five years with non-Federal funds sufficient to ensure its completion.
United States · United States Congress · 28 January 1986
Amends rule XV of the Rules of the House of Representatives to prohibit the House from passing or adopting any bill or joint resolution making or authorizing appropriations of at least $1,000,000,000, or increasing or decreasing revenues by at least $1,000,000,000, except by a rollcall vote.
United States · United States Congress · 23 January 1986
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates the 14th day of June 1986 as Baltic Freedom Day. Authorizes and requests the President to submit the issue of Baltic self-determination to the United Nations.
United States · United States Congress · 19 December 1985
Pharmaceutical Export Amendments of 1986 - Amends the Federal Food, Drug, and Cosmetic Act to permit the export of certain drugs (including biological products) intended for human or animal use even though such drugs have not been approved or licensed for use in the United States. Directs the Secretary of Health and Human Services to establish and update a two-tiered list of countries with adequate governmental health authorities which in the first tier includes developed regulatory procedures and tests with experienced scientific personnel and in the second tier includes sufficient ability to assure consistency of labeling information. Permits shipments to nonlist countries if differing health conditions there make such shipments desirable, e. g. tropical diseases. Permits the export of an unapproved drug to a second tier country if such drug is approved for use in any first-tier country and not banned for use in any first-tier country. Prohibits the export of drugs denied approval on the basis of safety and efficacy or whose manufacture in the United States has been determined to be contrary to U.S. health and safety. Sets forth other criteria and restrictions on the export of such drugs, including notice requirements on shipments and notice of and opportunity to cure deficiencies in such shipments. Permits the Secretaries of Agriculture and Health and Human Services to prohibit noncomplying shipments and shipments otherwise permitted if either Secretary determines a shipment would present an imminent hazard to the public health of the recipient country. Requires the Comptroller General to report biennially to the Secretary of Health and Human Services and the Congress on the extent to which drugs unauthorized for a country are being received by such country and the extent to which labeling is consistent. Directs the Secretary to contract for a study to be submitted to the Congress within five years on the economic and international health impact of this Act. Includes conditions prevalent in a developing country among the criteria for orphan drugs.
United States · United States Congress · 19 December 1985
Expresses the sense of the House of Representatives that: (1) the President should continue to express to the Soviet Union U.S. opposition with respect to the harassment and arrests of Hebrew teachers and Jewish activists in the Soviet Union; and (2) the Soviet Union should comply with its commitments under specified international human rights agreements and cease its persecution of individuals on the basis of their Jewish faith.
United States · United States Congress · 18 December 1985
Amends rule XV of the Rules of the House of Representatives to prohibit the House from passing or adopting any bill or joint resolution making appropriations or providing revenue except by a rollcall vote.
United States · United States Congress · 21 November 1985
Declares that the Congress supports expanded cultural exchange between the United States and the Soviet Union and pledges to work with the President to strengthen such exchange.
United States · United States Congress · 20 November 1985
Telecommunications Equipment and Information Services Act of 1985 - Authorizes the Bell operating companies to provide information services (excluding electronic publishing) and to manufacture telecommunications equipment, subject to such regulations as the Federal Communications Commission may prescribe. Conditions such authority on the Commission's determination that no Bell operating company could impede competition in the information services or telecommunications equipment manufacturing businesses. Requires the Commission to include in its annual report to the Congress an assessment, providing for public comment, of the impact of this Act on employment in such businesses.
United States · United States Congress · 20 November 1985
Designates May 25, 1986, as Hands Across America Day. Authorizes and requests the President to commend: (1) United Support of Artists for Africa for their Hands Across America project; and (2) the American people for their commitment to helping people help themselves.
United States · United States Congress · 19 November 1985
Trade Law Modernization Act - 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 Secretary of Commerce (the Secretary), within one year of enactment of this Act, to report to the Congress on bilateral trade issues between the United States and Mexico. Directs the Secretary in such report to: (1) identify and analyze the barriers to trade between the United States and Mexico; (2) recommend actions to reduce or eliminate such barriers; (3) identify and analyze the potential effects on bilateral trade of a United States-Mexico development bank; and (4) identify and analyze the potential effects on bilateral trade of a United States-Mexico Bilateral Commission which would monitor and evaluate actions taken to strengthen ties between the two countries. Directs the Administering Authority (usually 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; (3) to promote international cooperation in trade and monetary policies; (4) to obtain internationally agreed upon rules to evaluate and respond to government owned or controlled enterprises which engage in international trade; and (5) to establish procedures governing the sale of goods and services by such enterprises and the operation of such enterprises. Amends the Trade Act of 1974 to transfer from the President to the Secretary the authority to take action in cases of market disruption. Transfers from the President to the Administering Authority the authority to 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. Authorizes the President to impose a temporary import surcharge of 25 percent in order to restore 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 two years. (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. Directs the President to begin negotiations with foreign countries to achieve an agreement to eliminate the harmful effects on U.S. trade of balance of payments disequilibrium. Prohibits the President from: (1) beginning negotiations under the GATT on the reduction or elimination of tariffs and nontariff trade barriers until negotiations are started to eliminate the effects of balance of payments disequilibrium; or (2) concluding any GATT negotiations before the first anniversary of the date on which negotiations are commenced to eliminate the effects of balance of payments disequilibrium. Directs the Secretary of the Treasury to notify the Congress, within 30 days of enactment of this Act, of the necessary changes that must be made to restore equilibrium in the U.S. current account deficits by 1990. Title II: Foreign Commerce Competitiveness Enhancement - Amends the Department of Commerce Organic Act to direct the Secretary to establish within the Department of Commerce the Foreign Commerce Development Program which shall: (1) analyze Federal, State, and local regulations of both foreign and U.S. industries and their effect on interstate and foreign commerce; (2) evaluate and propose responses to certain trade barriers; (3) compile a comprehensive inventory of foreign acts, policies, and practices which may constitute trade barriers or which may limit the access of U.S. industries to such foreign countries; and (4) identify and analyze all foreign programs that direct resources to a particular foreign industry to create international competitive advantage and evaluate the effect of such programs on the international competitiveness of U.S. industries, including a description of the nature and extent of government intervention. Directs the Secretary, on the basis of the information gathered through such program, to formulate strategies and policies to increase the competitiveness of U.S. industries. Directs the Secretary to report annually to the Congress and the President on: (1) the analyses and studies and inventory prepared by the Foreign Commerce Development Program; (2) the strategies and policies formulated by the Secretary to increase U.S. competitiveness, respond to foreign trade practices, and ensure reciprocity for U.S. products, services, and investment in foreign markets; (3) assessments of foreign industrial and trade policies on U.S. industries, trade, and employment, and an evaluation of economic and technological development affecting the competitive position of U.S. industry; (4) developments which are significantly likely to present a competitive challenge to, or substantial dislocation in, an established U.S. industry, which present significant new opportunities for U.S. industries, or which create a significant risk to the future competitiveness of U.S. industries; and (5) the industry sectors affected by the developments that create a significant likelihood of competition to or substantial dislocation in an established U.S. industry. Requires the Secretary, in implementing the Foreign Commerce Development Program, to give priority to those countries and product sectors in which the United States has significant economic and commercial interests. Provides a method of changing discriminatory foreign procurement practices and regulatory requirements. Authorizes the Secretary to investigate whether: (1) a foreign government is engaging in a discriminatory procurement practice or imposing a discriminatory regulatory requirement; and (2) that practice or requirement is harming U.S. trade. Sets forth the deadlines for: (1) a determination of whether to investigate the allegations in the petition; (2) preliminary findings if the Secretary decides to undertake the investigation; and (3) the final determination of the Secretary. Directs the Secretary to initiate such an investigation if the Secretary: (1) determines to do so on the basis of a petition; (2) determines to do so on the Secretary's own initiative; or (3) has reason to believe, based on information collected under the Foreign Commerce Development Program, that discriminatory foreign procurement practices exist and are harming U.S. trade. Directs the Secretary 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 provide sufficient information to the Congress, Federal agencies and Federal courts to ensure their consideration of the competitive impact of pending decisions that could enlarge the access of foreign products and services to the U.S. markets. Requires the Secretary to consult with foreign governments to ensure that market access conditions subject to such pending decisions are equivalent to those existing in the United States. Directs the Secretary to report to the Congress on such consultations. Directs the Secretary to establish special industry sector advisory panels to assess the actual or potential dislocation, challenge, or opportunity for the industry sectors identified in any report submitted under the Foreign Commerce Development Program that is of national significance because of: (1) its employment or capital resources; (2) its impact on national defense; or (3) its importance as a supplier to, or customer of, other U.S. industries. Authorizes the Secretary to establish industry sector advisory panels for other industries. Requires the panels to formulate recommendations for responses to such dislocation, challenge, or opportunity. Directs the Secretary, after the International Trade Commission (ITC) begins an import relief investigation under the Trade Act of 1974 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 Secretary 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 ITC, the Secretary of Labor, and the Secretary to consider such assessment and strategy in making any import relief determination or taking any import relief actions. Amends the Trade Act of 1974 to require 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. Title III: Fair Competition in Foreign Commerce - Directs the Secretary to prohibit for three years any multiple customs law offender from: (1) introducing or trying to introduce foreign goods or services into U.S. commerce; and (2) engaging or trying to engage any other person to introduce, on such offender's behalf, foreign goods or services into U.S. commerce. Provides for identifying such multiple offenders. Sets the penalty for violations of such prohibition. Establishes in the Treasury a fund to be known as the Commerce Development and Adjustment Fund which shall consist of all countervailing and antidumping duties collected under title VII of the Tariff Act of 1930 and of all additional duties imposed by the Administering Authority under titles II and III of the Trade Act of 1974. Requires the Secretary (with respect to firms and communities) and the Secretary of Labor (with respect to workers) to use the fund to assist firms, communities, and workers in adjusting to adverse effects caused by import penetration. Title IV: Relief from Injurious Industrial Targeting and Unfair Trade Practices - Provides that foreign acts, policies, or practices that constitute injurious industrial targeting or that circumvent or facilitate the circumvention of a trade agreement 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. Includes unfair and inequitable natural resource input pricing with the definition of unfair or inequitable trade practice. Declares that unfair and inequitable natural resource input pricing occurs if: (1) an input product is provided by a foreign government for input use within that country at a domestic price that is lower than fair market value and is not freely available to U.S. producers and the input product would, if sold at fair market value, constitute a significant portion of the total cost of the merchandise in or for which it is used; or (2) the right to remove an input product (removal right) is provided or sold by a foreign government within an exporting country and that product is for input use within the exporting country, the removal right is provided at a domestic price that is lower than its fair market value, and the product to which the removal right applies, if the right was sold at fair market value, constitute a significant portion of the total cost of the merchandise in or for which the product is used. Defines fair market value. Requires the Secretary of the Treasury, if the Administering Authority takes any action to enforce U.S. trade rights with respect to capital goods to withdraw temporarily any Federal subsidy with certain exceptions that is designed to encourage the acquisition of capital goods for use expanding or modernizing industrial capacity. 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 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. Amends the Trade Expansion Act of 1962 to require the President to take action within 90 days of receiving information that an article is being imported under such circumstances or in such quantities as to threaten national security. Amends the Tariff Act of 1930 to provide that certain unfair methods of competition that destroy or substantially injure a U.S. industry are unlawful. (Currently such methods of competition are only unlawful if they destroy or substantially injure an efficiently and economically operated industry.) Provides that the following acts are unlawful if the ITC first determines that an industry consisting of the U.S. operations of the owner of the intellectual property at issue and its licensees exists or is likely to be established: (1) unauthorized importation, sale or offer for sale of an article that infringes on a valid U.S. patent; (2) unauthorized importation, sale, or offer for sale of an article that was made by a process covered by a valid U.S. patent and if made in the United States would infringe a valid U.S. patent; (3) unauthorized importation, sale, or offer for sale of an article which infringes a valid U.S. copyright; (4) importation, sale, or offer for sale of an article which infringes a valid U.S. trademark; and (5) unauthorized importation, sale, or offer for sale of an article that infringes a valid U.S. maskwork. Decreases the length of time available to the ITC to investigate a case of unfair methods of competition from one year (18 months in complicated cases) to six months (nine months in complicated cases.) Title V: Relief from Injury Caused by Import Competition - Amends the Trade Act of 1974 to transfer from the President to the Administering Authority the authority to take certain actions following import relief investigations by the 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 which, due to inherent characteristics, are intended 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 underemployment) 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. 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. Provides that an import relief investigation may be initiated for good cause shown with respect to an article that has already received import relief. (Currently two years must elapse after import relief is granted before another investigation may begin.) Requires the Secretary of the Treasury, if the Administering Authority takes any action under title II of the Trade Act of 1974 with respect to capital goods, to withdraw temporarily any Federal subsidy with certain exceptions that is designed to encourage the acquisition of capital goods for use in expanding or modernizing industrial capacity. Title VI: 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. Directs the Administering Authority, if a countervailing duty investigation is initiated based upon a petition or upon the Administering Authority's initiative, to: (1) notify the Customs Service to collect and forward information on the volume and value of entries of the class or kind of merchandise subject to the investigation; (2) order the suspension of liquidation of all entries of such merchandise; and (3) begin monitoring the volume of such imports to determine whether it has significantly increased. Prohibits making the determination of whether the volume of such imports has significantly increased until 60 days after the filing of the petition or the start of the investigation. Terminates the suspension of liquidation if the volume of such imports has not significantly increased. Requires the Administering Authority, if the preliminary determination in a countervailing duty investigation is that critical circumstances exist, to order the posting of a cash deposit, bond, or other security for, and to apply any suspension of liquidation ordered under the countervailing duty subtitle to, unliquidated entries of such merchandise entered or withdrawn from warehouse on or after the date that is 90 days before the notice of such preliminary determination is published. Provides for the termination of any suspension of liquidation and release of any required security if a countervailing duty investigation is terminated or suspended. Requires the Administering Authority to determine whether critical circumstances exist if its final determination is that a subsidy does exist and the Administering Authority has determined that there has been a surge of imports of the article subject to the investigation. Requires the Administering Authority, if the Administering Authority determines that critical circumstances do not exist or the ITC determines that there is no material injury but that there is a threat of material injury or that the establishment of an industry in the United States is materially retarded, the Administering Authority shall: (1) terminate any suspension of liquidation ordered under the countervailing duty provisions; and (2) release any security and refund any cash deposit which has been made. Directs the Administering Authority, if an antidumping investigation is initiated by petition or upon the Administering Authority's own initiative, to: (1) notify the Customs Service to collect and forward information on the volume and value of entries of the class or kind of merchandise subject to the investigation; (2) begin monitoring the volume of such imports to determine whether it has significantly increased. Prohibits making the determination of whether the volume of such imports has significantly increased until 60 days after the filing of the petition or the start of the investigation. Terminates the suspension of liquidation if the volume of such imports has not significantly increased. Requires a specified amount of security to be posted for articles subject to an antidumping investigation which are imported on or after the date of publication of the notice of the decision to start the investigation. Requires the Administering Authority to make specified determinations if the Administering Authority determines that the volume of imports of the articles subject to an antidumping investigation have recently increased significantly. (Current law requires the Administering Authority to make such determinations if the petitioner alleges critical circumstances.) Requires the suspension of liquidation or the bond requirement to apply to all such articles that were imported 90 days before the publication of the notice of investigation if the Administering Authority makes certain affirmative findings about a history of dumping such articles or the knowledge of the importer of the fair value of the imports. Provides for the termination of any suspension of liquidation and release of any required security if an antidumping duty investigation is terminated or suspended. Requires the Administering Authority's final determination on whether dumping exists to include a finding on whether critical circumstances exist if such final determination is affirmative and the Administering Authority found that imports of the article under investigation had significantly increased. Requires the Administering Authority, if the Administering Authority determines not to extend the time for making a final determination of the existence of dumping or the ITC determines that there is no material injury but that there is threat of material injury or that the establishment of an industry in the United States is materially retarded, to: (1) terminate any suspension of liquidation ordered under the antidumping provisions; and (2) release any security and refund any cash deposit which has been made. Waives the requirement that the ITC make a preliminary determination of injury in a countervailing duty investigation if the ITC has found injury in an antidumping or countervailing duty investigation with respect to the same merchandise during the year preceding the start of the new investigation. Authorizes the Administering Authority to suspend countervailing duty investigations if the government of the subsidizing country or the chief exporter of the merchandise agrees to eliminate the subsidy after the date on which the investigation is suspended. (Current law permits the government or exporter to offset the subsidy as an alternative to eliminating it.) Adds conditions which must be met before the Administering Authority is allowed to permit the posting of security in lieu of the deposit of estimated antidumping duties. Allows the Administering Authority to permit such action if: (1) the investigation is not extraordinarily complicated; (2) the final determination in the investigation has not been postponed; (3) the manufacturer, producer, or exporter of the merchandise provides credible evidence that the difference between the foreign market value and the U.S. price of the merchandise is significantly less than the amount specified in the antidumping duty order; and (4) the data concerning the foreign market value and the U.S. price apply to sales in the usual commercial quantities and in the ordinary course of trade. Requires the Administering Authority to make certain confidential information available to interested parties and to afford them as opportunity for comment before deciding whether to permit the posting of bond or other security. Prohibits treating countervailing and antidumping duties as any other customs duties for purposes of any law relating to the drawback of customs duties. Prohibits granting any exception to the labeling requirements applied to imports for imported silver jewelry. 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 their merchandise to, or on imports of the merchandise into, third country markets. Includes within the definition of "interested party" for purposes of antidumping and countervailing duty investigations a manufacturer, producer, or wholesaler of major parts, materials, components, or assemblies or subassemblies which are intended to be incorporated into a like product. Authorizes the Administering Authority to waive the requirement that the merchandise subject to investigation be produced by the same person if a government agency follows or has followed a practice of allocating contracts for, or establishing quotas for the merchandise among users in that country. Requires such government actions to be considered in ascertaining the foreign market value of the merchandise. Defines diversionary dumping as dumping of any material or component which is incorporated into the merchandise under investigation and which has been the subject of a previous investigation. Requires the Administering Authority to determine whether an increase in imports of the merchandise under investigation has occurred if: (1) a countervailing duty order is in effect with respect to an input product or an input product is subject to an agreement between the United States and a foreign country or foreign customs union; and (2) a subsidy continues to be paid on such input product after a countervailing duty order was issued. 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. Sets forth special rules for determining cost of production and constructed value if imports of the merchandise into the home market have been unreasonably restrained. Sets forth general rules governing the disclosure of confidential information to interested parties.
United States · United States Congress · 12 November 1985
Provides for free travel on military aircraft for any former member of the armed forces who has a service-connected disability rated total by the Veterans Administration.
United States · United States Congress · 30 October 1985
Amends the Foreign Assistance Act of 1961 to provide that funds made available for family planning programs may only be used for programs: (1) in which there is not any element of coercion of individuals to practice family planning or to accept any particular method of contraception; (2) which include an accurate description of the effectiveness and risks of all major methods of family planning; and (3) which include an agreement to provide either other family planning methods if requested or referral to programs offering other methods as appropriate.
United States · United States Congress · 24 October 1985
Joint Chiefs of Staff Reorganization Act of 1985 - Revises Federal provisions concerning the composition and function of the Joint Chiefs of Staff (JCS) to define the Chairman of JCS as the principal military advisor to the President, the National Security Council, and the Secretary of Defense. Authorizes a member of JCS other than the Chairman to offer, to the Secretary of Defense and then to the President, a separate opinion in disagreement with that of the Chairman concerning military advice given. Directs that the Chairman of JCS shall supervise the commanders of the combatant commands and act as their spokesman. Extends the term of the Chairman of JCS from two to four years. Establishes the position of Deputy Chairman of JCS. Prohibits the Deputy Chairman and the Chairman from being a member of the same military branch, unless the Secretary of Defense waives such prohibition for a limited period. Sets the term of the Deputy Chairman at four years. Requires the Deputy Chairman to perform such duties as delegated by the Chairman with the approval of the Secretary of Defense. Directs the Deputy Chairman to act as Chairman if the latter position is vacated for any reason. Directs the Deputy Chairman to act as director of the Joint Staff, which performs such duties as the Chairman prescribes. Eliminates any maximum number of officers on the Joint Staff. Provides that the four-year term of a member of the Joint Staff may be extended with the approval of the Secretary of Defense. Directs the Secretary to ensure that the Joint Staff is independently organized and operated in order to provide for the unified strategic direction of the combatant forces and their operation and integration into an efficient team of land, naval, and air forces. Requires the Chairman of the Joint Chiefs of Staff to submit an evaluation to the President of any person for appointment to a grade above major general or rear admiral. Requires such evaluation to consider the performance of that officer as a member of the Joint Staff and in other assignments involving joint military experiences. Requires such evaluation to be submitted to the President at the same time as the submission of the recommendation for the appointment. Directs the Chairman or the Deputy Chairman of JCS to attend all meetings of the National Security Council and participate fully in its deliberations. Directs the Secretary of Defense, no later than six months after the enactment of this Act, to report to the Congress on plans for further changes in the administration of the military high commands of each of the armed forces. Outlines proposals to be developed in such report.
United States · United States Congress · 24 October 1985
Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 22 October 1985
Indian Economic Development Act of 1985 - Title I: Designation of Indian Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of Indian enterprise zones by the Secretary of the Interior for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Provides that tribal governments shall nominate areas for such designation. Limits the designation of Indian enterprise zones to 30 nominated areas over a 36-month period (one-third of which must be in areas with a population of less than 1,000). Limits the period during which such designation shall remain in effect. Provides that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the tribal government; (2) the boundary of the area is continuous; (3) the area is determined to be Indian lands by the Secretary; and (4) the area meets specified unemployment and poverty requirements. Requires nominating tribal governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, receiving commitments of private entities to assist employees and residents of the area, or actions for the partial limitation of tribal sovereign immunity for purposes of recourse in contract and other civil disputes within the zone. Terminates the authority of the Secretary to designate such Indian enterprise zones on July 1, 1986, or 36 months after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate Indian enterprise zones. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such Indian enterprise zones' designation. Requires that any tax reduction effected by a tribal commitment under the terms of this Act shall be disregarded for purposes of determining the eligibility of a tribe for Federal assistance or benefits. Specifies that a designation of an Indian enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquired Policies Act of 1970. Exempts Indian enterprise zones from certain requirements relating to Federal environmental policy. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers - Allows employers located in Indian enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three-year carryback and a 15-year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account $17,500 in wages per year per employee) plus a specified percentage of wages paid to certain disadvantaged workers for the first seven years of the Indian enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Subtitle B: Credits for Investment in Tangible Property in Indian Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in Indian enterprise zones. Limits such credit to five percent for zone personal property, ten percent for new zone construction property, and 20 percent for zone infrastructure investment. Phases out such credit in the last three years of the enterprise zone designation. Requires the recapture of such credit upon early disposition of the property. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to Indian enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act) and tribal governments and nonprofit enterprises operating within Indian enterprise zones. Authorizes Federal agencies, upon request by a designating tribal government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule changed. Disallows waiver or modification if a rule would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that no waiver or modification of a rule shall remain in effect for a longer period than the period for which the Indian enterprise zone designation is in effect. Title IV: Establishment of Foreign - Trade Zones in Indian Enterprise Zones - Requires the Foreign Trade Zone Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within Indian enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that, to the maximum extent practicable, foreign-trade zones should be established within Indian enterprise zones. Title V: Partial Waiver of Tribal Sovereign Immunity - Authorizes the Secretary to approve plans, pursuant to a tribal economic development plan, which include provisions for the partial waiver of sovereign immunity, including provisions for binding arbitration of contract and other civil disputes between tribal entities and non-tribal businesses or entities. Specifies that such a partial waiver of sovereign immunity shall not encumber nor diminish the trust assets of the tribe.
United States · United States Congress · 16 October 1985
Expresses the sense of the House of Representatives that the racism and divisiveness of Louis Farrakhan are morally repugnant. Condemns the blatant racism and anti-Semitism of Louis Farrakhan and calls upon him to cease his message of hatred.
United States · United States Congress · 10 October 1985
Expresses the sense of the Congress that: (1) the Government of Poland should comply with basic human rights agreements to which it is a signatory, including the Helsinki accords, and initiate a policy of National Reconciliation; (2) the prosecution of those responsible for the death of Father Jerzy Popieluszko should be supported by Poland; (3) human rights monitoring committees in Poland should be supported; (4) the free flow of information on the activities of such committees can improve human rights policies in Poland and the continued improvement of human rights there would better relations between the United States and Poland; and (5) the President should convey Congress' concerns to Polish officials and to U.S. allies.
United States · United States Congress · 8 October 1985
Trade Partnership Act - Title I: International Trade - Directs the President to establish the Commission on Trade which shall: (1) evaluate existing U.S. trade laws and policies; (2) develop recommendations on monetary and fiscal policies for the United States and its chief trading partners; (3) evaluate the export financing practices of major trading partners and of international agencies; and (4) review existing trade agreements to assess their effect on U.S. long-term trading interests. Requires the Commission to report its findings and recommendations to the President and to the Congress. Expresses the sense of the Congress that the President should evaluate such findings and recommendations and take into account the results of an international monetary conference to determine the propriety of convening a summit conference on international trade in order to develop changes in international trade and monetary practices. Expresses the sense of the Congress that the President should call for an international monetary conference to develop: (1) options for reforming institutional mechanisms in order to decrease the disparity among, and to prevent dramatic fluctuations in the value of, the currencies of the major economic powers; and (2) means for reducing interest rates, promoting national and world economic growth, assuring price stability, and promoting higher levels of international trade. Expresses the sense of the Congress that the President should initiate multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade (GATT) in order to: (1) resolve the issues not resolved in earlier negotiations; (2) develop multilateral disciplines in those areas where trade problems have emerged or are becoming more acute; (3) focus on improving the dispute settlement mechanisms of the GATT; (4) place a high priority on bringing developing countries into full participation in the international trading community; (5) ensure that all developed countries share equally the responsibility for advancing the economies of developing countries; and (6) increase efforts to bring countries now outside the GATT under accepted multilateral disciplines governing trade. Directs the President to begin negotiations immediately if Canada requests the negotiation of a trade agreement that provides for the elimination or reduction of any duty imposed by the United States. Directs the U.S. Trade Representative (USTR) to review the bilateral relationships between the United States and its major trading partners in order to determine those countries that offer the most potential for the establishment of free trade areas with the United States. Sets forth factors to be considered in making such review. Authorizes the President, during the year following enactment of this Act, to negotiate with Japan on a trade agreement under which the United States will permit the exportation to Japan of Alaskan petroleum and natural gas in return for substantial concessions by Japan regarding the importation into Japan of agricultural products, wood products, and other kinds of export products that are important to the United States. Amends the Trade Act of 1974 to transfer to the USTR specified functions relating to import relief that are currently performed by the President. Directs the President to review the USTR's determination on whether to provide import relief and what form such relief should take. Requires the President to complete such review within 15 days of receiving the USTR's determination. Directs the President to notify the Congress of the President's decision and of the USTR's determination. Directs the USTR to take action to implement the import relief which the USTR decided to provide if the President concurs in the USTR's decision. Directs the USTR to take action to implement the President's decision on import relief if it differs from the USTR's decision and no joint resolution disapproving the President's decision is enacted. Directs the USTR to order the implementation of the import relief recommended by the International Trade Commission if the decision of the President differs from the decision of the USTR and a joint resolution disapproving the President's decision is enacted. Authorizes interim relief after a petition for import relief is filed if the USTR determines that: (1) it is likely that the article is being imported in such increased quantities as to be a substantial cause of serious injury or threat thereof to the competing domestic industry; and (2) the absence of such interim relief would result in irreparable harm to the domestic industry. Authorizes emergency relief from imports of perishable products (other than perishable products from a beneficiary country under the Caribbean Basin Economic Recovery Act) after a petition for such relief is filed if the USTR, after consultation with the Secretary of Agriculture, decides that: (1) there is a reasonable indication that the perishable product is being imported in such increased quantities as to be a substantial cause of serious injury, or threat thereof, to the competing domestic industry; and (2) emergency action is warranted. Directs the USTR, upon deciding to grant interim relief or emergency relief, to: (1) determine the method and extent of such relief; (2) notify the President of such decision; and (3) unless the President decides within 15 days that such relief is not in the national economic interest, order the Commissioner of Customs to impose such relief. Declares that such relief may consist of tariff increases or import limitations. Provides for the termination of such relief. Directs the USTR to order the Commissioner of Customs to implement actions necessary to enforce U.S. rights under any trade agreement if: (1) the President and the USTR agree on the appropriate action; or (2) the President differs with the USTR on the appropriate action but a joint resolution disapproving such action is not enacted. Reduces the number of days from 21 to 15 between the President's receipt of the USTR's recommendation of appropriate action and the President's decision on what action is appropriate. Requires the President to determine during such 15 day period if: (1) the President concurs in the USTR's recommendation; or (2) it is in the national economic interest not to take any action or to take action different from the action determined by the USTR. Requires the President to notify the Congress of such decision. Provides that if 90 days after the Congress receives notice of such decision no joint resolution is enacted disapproving it then such decision shall take effect. Reduces the amount of time the USTR may take to make a recommendation on a petition for enforcement of U.S. trade rights. Sets forth the actions the USTR may recommend to the President based on such petition. Directs the USTR to include in the annual report to the Congress on foreign barriers to market access an analysis and assessment of the overall reciprocity accorded U.S. products, services, and investment by each of the major trading partners of the United States and the impact on major U.S. product sectors of the failure to provide reciprocity. Requires specified congressional committees, within 90 days of receiving such report, after consultation with the USTR and conducting public hearings, to issue a joint report on: (1) the priorities for negotiations regarding reducing or eliminating trade barriers; and (2) the committees' recommendations on actions to enforce U.S. trade rights. Directs the Secretary of Labor to pay to private firms 80 percent of the cost of providing job training if the training is certified as trade readjustment training and if the trainees are not charged for the training. Extends the job training, job search, and job relocation allowance provisions of the trade adjustment assistance programs through October 1, 1987. Amends the Trade Expansion Act of 1962 to set a one year deadline for the President to take action on the advice of the Secretary of Commerce on imports that are suspected of impairing national security. Amends the Tariff Act of 1930 to reduce the time limit for decisions by the International Trade Commission on allegations of unfair practices in import trade from one year (18 months in more complicated cases) to eight months (ten months in more complicated cases). Declares that the USTR should expedite the issuance of notices requesting the negotiation of periodic adjustments to the bilateral limitations on shipments of textiles and apparel contained in the Multi-Fiber Arrangement. Directs the Commissioner of Customs to: (1) increase the number of inspectors, import specialists, and customs patrol officers in the Customs Service by at least 800; (2) implement the Automated Commercial System at all ports of entry; and (3) implement a program for detecting, investigating, and prosecuting patent and copyright infringement cases. Requires the Commissioner to report quarterly to specified congressional committees on the operation and effect of the patent and copyright infringement program. Imposes a penalty for multiple customs law offenders who import or attempt to import merchandise during the three years following the date of the third of the offenders' convictions. Title II: Protection of Patents and Transfer of Technology - Part A: Protection of Patents - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Places the burden of proof upon the party asserting that a product was not produced with the patented process in an infringement action where the court finds a substantial likelihood that the product was so produced and the claimant has exhausted all means of discovery. Part B: Transfer of Technology - Federal Laboratory Technology Utilization Act of 1985 - Authorizes Federal agencies to permit their laboratories to enter into cooperative research and development arrangements with other Federal, State, and local agencies, universities, industrial organizations, or other persons including licensees of inventions owned by the Federal agency or general partners of research and development limited partnerships. Permits such laboratories to exchange funds, services, and property with collaborators, grant such collaborators patent licenses or assignments, waive Federal ownership of inventions made by a collaborator, and negotiate licensing agreements for federally owned inventions. Sets forth a formula for the distribution of royalties or other income received by such laboratories from the licensing of cooperatively produced inventions to Federal agency employee inventors, the laboratories themselves, and the Treasury. Requires affected Federal agencies to report annually to the appropriate congressional committees on the income from and distribution of royalties. Directs the Secretary of Commerce to provide procedures, training, and advice to Federal laboratories on recognizing the commercial potential of new technologies and inventions. Requires the Secretary to report biannually to the President and the Congress on Federal agency participation in this program. Makes it the policy of the Government to encourage the commercialization of inventions by Federal or former Federal employees made by them during their Federal employment and exempts such efforts from otherwise applicable violations. Permits such an employee to retain title to an invention (subject to retention by the Government of a nonexclusive license) unless the agency intends to file a patent application itself in order to promote commercialization. Sets forth other permissible conditions on such an inventor's title. Part C: Protection of Proprietary Information - Exempts commercial and financial information that is proprietary or sensitive from the sunshine provisions applied to Federal agencies if the proprietor is notified of the request for release of the information and given 60 days to present arguments on why the information should be exempt. Title III: Export Promotion - Amends the Bank Holding Company Act of 1956 to increase, from five percent to ten percent, the percentage of shares that: (1) a bank holding company may hold in an export trading company; and (2) an Edge Act corporation may hold in an export trading company from five to ten percent. Increases the amount of credit that a bank owning stock in a bank holding company with investments in an export trading company may extend to an export trading company. Amends the Export Trading Company Act of 1982 to direct the Board of Directors of the Export-Import Bank to try to insure that a "significant share" (currently a "major share") of any loan guarantees ultimately serves to promote exports from small, medium-size, and minority businesses or agricultural concerns. Requires the Board to report to the Congress on implementation of such requirement within one year of its effective date. Directs the Secretary of the Treasury to develop a program consisting of mixed credit financing for exports to compensate for the effects of subsidized financing by U.S. trading partners. Declares that the Export-Import Bank should expand its promotion programs for small- and medium-sized banks. Amends the Federal Reserve Act to give Edge Act corporations the same discount and borrowing privileges as Federal Reserve banks. Repeals the limitation on bank investments in Edge Act corporations. Directs the Board of Governors of the Federal Reserve System to require periodic reports from every corporation of the total amount of capital stocks and paid up surplus of the corporation, the name of any stockholder who holds more than ten percent of the shares of the stock of such corporation, and the share holdings of such stockholder. Directs the U.S. Executive Director of each of the multilateral development banks to promote procurement opportunities relating to the assistance provided by such banks in recipient countries for U.S. firms. Sets forth actions the Executive Directors should take with respect to such opportunities. Declares that the Secretary of Commerce should continue to assign one foreign commercial service officer to the office of the U.S. Executive Director of the International Bank for Reconstruction and Development. Directs the Secretary of Commerce to assign such an officer on a part-time basis to each of the offices of the U.S. Executive Director of the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank. Requires the U.S. Ambassadors to those countries that are important trading partners of the United States to report annually to the President and to the Congress on their efforts to help U.S. industries in expanding export sales to, and improving their market positions in, such countries. Authorizes the seven Bell operating companies, effective September 1, 1986, to manufacture telecommunications equipment and customer premises equipment in the United States if specified conditions are met. Title IV: Foreign Corrupt Practices - Business Accounting and Foreign Trade Simplification Act - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Prohibits imposing criminal liability for failing to maintain such an accounting system. Prohibits imposing civil injunctive relief with respect to: (1) an issuer who fails to maintain the required accounting system if the issuer tried in good faith to meet the requirements; or (2) any person other than an issuer in connection with an issuer's failure to comply with such requirements, unless such person knowingly caused the issuer to fail to comply. Prohibits anyone from knowingly circumventing such an accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Securities and Exchange Commission to the Department of Justice jurisdiction to enforce the bribery prohibitions of the FCPA with respect to issuers. Revises the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made "directly or indirectly" to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments to such officials that are lawful under the foreign country's laws; (3) payments which constitute tokens of regard or esteem; (4) expenditures associated with selling, purchasing, or demonstrating goods; or (5) ordinary expenditures associated with performing a contract with a foreign government. Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act. Prohibits prosecution of a domestic concern or specified agents of such concern for violating the Federal mail or wire fraud provisions by making a payment to a foreign official if the prosecution is based on the theory that the official, by receiving the payment, violated a duty to or defrauded the foreign government or the citizens of a foreign country. Authorizes the Attorney General to issue guidelines specifying: (1) permissible conduct associated with common types of export sales arrangements; and (2) precautionary procedures which would create a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the opinion states that the conduct does not involve a violation. Directs the Attorney General to protect the confidentiality of materials submitted in the review procedure. Requires annual reports to the Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Title V: Related Tax Provisions - High Technology Research and Scientific Education Act of 1985 - Part A: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Part B: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses, and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporation's R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 7 October 1985
Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Congressional Budget Act of 1974 to eliminate the second concurrent resolution on the budget and thus provide for annual adoption of a single concurrent resolution on the budget (budget resolution). Sets forth maximum Federal budget deficit amounts for each of fiscal years 1986 through 1991 providing for the incremental reduction of the deficit to zero by 1991. Requires Old Age, Survivors and Disability Insurance (OASDI) revenues and expenditures to be included in the calculation of such deficit amounts. Prohibits either House of Congress from considering or adopting a budget resolution or a revision thereof providing for budget outlays exceeding revenues by more than the prescribed maximum deficit amount. Requires the Congress to complete action on any reconciliation bill or resolution to: (1) an original budget resolution by June 15 of each year; or (2) a revised budget resolution within 30 days after the revision is adopted. Provides that no amendment that would increase specific budget outlays or reduce specific revenues set forth in a budget resolution or reconciliation bill shall be in order in the House or the Senate, unless such amendment provides for offsetting adjustments in other outlays and revenues to ensure that the deficit set forth in the budget resolution is not increased or exceeded. Requires each Senate and House committee to report its subdivisions of allocated budget outlays and new budget authority within ten days of session after the budget resolution is agreed to. Makes it out of order for the House or the Senate, after the Congress has completed action on the budget resolution for a fiscal year, to consider legislation that, if enacted, would: (1) provide for or require budget outlays or new budget authority in excess of the appropriate committee allocation reported in connection with such resolution, unless legislation is favorably reported by the Committee on Appropriations of the House involved with a certification that the appropriate committee will take actions necessary to assure that enactment of such legislation will not result in a deficit exceeding the maximum deficit amount applicable; or (2) provide for new budget authority or spending authority or reduce revenues so that the resulting deficit would exceed the level set forth in such budget resolution or the applicable maximum deficit amount. Permits a congressional committee to report alterations to its reported allocations of budget outlays and authority, provided that such alterations are consistent with any actions taken by its House on legislation within its jurisdiction. Requires the conference report on any legislation providing new budget authority or new or increased tax expenditures to disclose the information required to be disclosed in committee reports on such legislation. Requires the Federal budget transmitted to the Congress by the President each year, and revisions thereof, to set forth levels of outlays and revenues resulting in a deficit not in excess of the applicable maximum deficit amount. Requires the Director of the Office of Management and Budget and the Director of the Congressional Budget Office: (1) to estimate the levels of total revenues and budget levels for each fiscal year; (2) to estimate the rate of real economic growth during that year; (3) to determine whether the deficit for such year will exceed the applicable maximum deficit amount and whether such excess is statistically significant; and (4) to submit a report to the President and the Congress specifying the amount of any excess, whether it is statistically significant, the estimated rate of real economic growth for that year, and the percentages by which automatic spending increases (excluding increases in OASDI benefits) and relatively controllable expenditures shall be reduced during such year in order to eliminate such excess. Requires the President, upon receiving such a report which identifies a statistically significant excesss, to issue an order which eliminates one-half of such excess by suspending or uniformly reducing (not below zero) automatic spending increases under Federal law for such year, and which eliminates the other half by sequestering amounts of budget authority, obligation limitations, and loan limitations, and by adjusting Federal payments, to the extent necessary to reduce each relatively controllable expenditure by a uniform percentage. Directs the President to send a message to both Houses of Congress identifying: (1) the total amount and the percentage by which automatic spending increases are to be reduced; (2) the amount of budget authority, obligation limitations, and loan limitations to be sequestered and payments to be adjusted for all, and each, relatively controllable expenditure; and (3) the account, department, establishment, project, or function affected by such revision of expenditures. Prohibits such an order from eliminating any Federal program, project, or activity. Directs the President to issue such order: (1) within 14 days after receiving such report if the estimate for real economic growth for the fiscal year is zero or greater; or (2) within 30 days if the estimate for real economic growth is less than zero. Authorizes the President, during such 30-day period, to submit to the Congress a joint resolution to: (1) reduce the deficit to an amount not exceeding the applicable maximum deficit amount; or (2) suspend the requirements of this Act for such fiscal year. Permits the President's message to the Congress to include alternative ways to reduce the deficit to an amount not exceeding the maximum deficit amount. Permits the Committee on the Budget of the House or the Senate, within ten days after the President has issued such an order, to report a joint resolution superseding such order. Makes it out of order for the House or the Senate to consider or agree to any such resolution which, if enacted, would cause the fiscal year deficit to exceed the deficit set forth in the budget resolution most recently agreed to, or the applicable maximum deficit amount. Sets forth House and Senate procedures for consideration of such a resolution. Amends the Social Security Act to provide that OASDI revenues and expenditures shall be excluded from the Federal budget transmitted by the President to the Congress and from the congressional budget, and shall be exempt from general budget limitations imposed on Federal expenditures and net lending. Prohibits any law enacted after enactment of this Act from providing for payments between the Treasury and the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund. Changes the date by which the President must submit to the Congress a supplemental summary of the budget for a fiscal year from July 16 to September 16. Waives specified provisions of this Act in any fiscal year for which a declaration of war has been enacted.
United States · United States Congress · 1 October 1985
Amends the copyright law to make permanent the prohibition against importing certain English language books not manufactured in the United States and Canada, denying copyright protection to books imported in violation of this restriction (the manufacturing clause).
United States · United States Congress · 26 September 1985
National Security and Trade Act - Amends the Trade Expansion Act of 1962 to provide that if the President does not act upon the recommendations of the Secretary of Commerce relating to imports that threaten national security within 90 days of receiving those recommendations, the Secretary's recommendation shall be deemed to be adopted by the President and shall have the full force and effect of law. Declares that if a petition was filed with the Secretary of Commerce before March 15, 1983, and if the Secretary submitted recommendations to the President before March 15, 1984, and the President did not act on those recommendations by September 15, 1985, the recommendations of the Secretary are deemed to be adopted by the President and have the full force and effect of law unless, by the date of enactment of this Act, the United States has negotiated an import limitation agreement with any country whose exports to the United States exceed 30 percent of the total value of imports of such items.
United States · United States Congress · 20 September 1985
Narcotics Control Trade Act - Directs the President to designate a country an uncooperative drug source nation if during any fiscal year beginning after September 30, 1985, such country: (1) was a source of any illicit narcotic and psychotropic drugs or other controlled substances that is significantly affecting the United States; and (2) did not cooperate with the United States in preventing such drugs and substances from affecting the United States by taking specified actions. Directs the President to report to the Congress the name of each such country. Denies the products of each such country most-favored-nation treatment until the President notifies the Congress that such country has made significant progress and will continue to make progress in remedying those policies on which an uncooperative drug source nation designation was based.
United States · United States Congress · 19 September 1985
Covert Agent Disclosure Federal Pension Forfeiture Act - Requires the forfeiture of Federal employee retirement benefits upon conviction of the felony of the unauthorized disclosure of the identity of a covert agent.
United States · United States Congress · 18 September 1985
Amends the Tariff Act of 1930 to treat processed agricultural products as like products for purposes of antidumping and countervailing duty investigations.
United States · United States Congress · 12 September 1985
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to permit a State to exclude from coverage service performed by election officials or election workers if the remuneration paid for such service: (1) is less than $100 in a calendar year; or (2) is less than $100 in a calendar quarter.
United States · United States Congress · 12 September 1985
Eliminates the requirement that individuals who are owner-employees with pension or profit-sharing plans (Keogh plans) must file a specified informational return (form 5500-c) in order to comply with certain provisions of the Internal Revenue Code. Requires the Secretary of the Treasury to prescribe a simplified information return.
United States · United States Congress · 12 September 1985
Expresses the sense of the Congress that the President should form a National Commission on the Farm Credit System to recommend agricultural credit reforms.
United States · United States Congress · 4 September 1985
Enterprise Zone Development and Employment Act of 1985 - Title I: Designation of Enterprize Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Provides that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 100 nominated areas, by the later of a 24 month period or July 1, 1985 (one-fourth of which must be in rural areas). Limits the period during which such deisgnation shall remain in effect. Provides that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (with a population of at least 50,000) or 1,500 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, receiving commitments of private entities to assist employees and residents of the area, permitting State and local income tax deductions for fees for services performed by a nongovernmental entity formerly performed by a governmental entity, giving special preference to contractors owned and operated by members of a minority, and giving of surplus land in the enterprise zone to neighborhood organizations agreeing to operate a business on the land. Describes areas to which preference shall be given in deciding to designate enterprise zones. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Treats any area designated as an enterprise zone as a labor surplus area under Federal law. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three-year carryback and a 15-year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $17,500 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such economically disadvantaged credit. Disallows a deduction for the portion of the wages or salaries taken into account for such credit. Requires that where there is an early termination of employment by an employer in the case of qualified economically disadvantaged individuals, the tax for that taxable year in which the termination occurred must be increased by the tax credits allowed for such employees. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $10,500 in wages per year). Phases out such credit. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investments made in certain enterprise zone construction property located in enterprise zones. Limits such credit to ten percent for new enterprise zone construction property, including rental property. Requires that the property subject to such credit be located in an enterprise zone, be predominantly used in the zone, be either constructed, reconstructed, renovated, etc. during the period of zone designation or acquired during such period, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon the early disposition of the property. Provides for a phase-out of the enterprise zone tax credit as the enterprise zone ends. Provides for an adjustment to the basis of the enterprise zone construction property to reflect the enterprise zone tax credit. Subtitle C: Nonrecognition of Qualified Enterprise Zone Capital Gain Where Acquisition of Enterprise Zone Business Property - Provides for the nonrecognition of capital gain on the sale of property where within the one-year period beginning on the date of such sale qualified replacement property is acquired by the taxpayer, to the extent the gain from the sale does not exceed the cost of the replacement property. Defines "qualified replacement property" as any personal property used predominantly in an enterprise zone in the active conduct of a trade or business within the enterprise zone, any real property located in the enterprise zone used in the active conduct of a trade or business, or any corporation, partnership, or other entity if, for the three most recent taxable years of such entity ending before the date of the purchase of such interest, such entity was a qualified business. Sets forth special rules for the operation of this provision. Requires the basis of the replacement property to be reduced by an amount equal to the amount of gain not recognized on the sale of such other property. Extends the period for the statute of limitations relating to the assessment of tax with respect to the sale of property involving the nonrecognition provisions. Provides that the holding period for the qualified replacement property shall include the period for which the property sold or exchanged had been held as of the date of the sale or exchange. Subtitle D: Deduction for Purchase of Enterprise Stock - Allows a taxpayer to deduct the aggregate amount paid during the taxable year for the purchase of enterprise stock on the original issue of such stock by a qualified issuer. Limits the maximum amount of such deduction to $100,000 a year. Requires that the $100,000 limit must be allocated among the members of a controlled group. Requires the pro rata allocation of the $100,000 limit among the stock purchased where the aggregate amount of stock purchased exceeds the $100,000 limitation. Requires that the gain from the disposition of the stock shall be treated as ordinary income. Provides a formula for calculating such gain. Provides that interest is charged on the disposition of such stock if such disposition occurs before the end of the three-year period beginning on the date the stock was purchased. Provides that where an issuer ceases to be a qualified issuer of enterprise stock before the close of the fifth taxable year after the date the stock was issued, the taxpayer must include in income the amount of the deduction allowed with respect to such stock plus interest on the aggregate decrease in tax of the taxpayer resulting from the deduction allowed with respect to such stock. Sets forth special rules with respect to such stock. Requires the basis of such stock to be reduced by the amount of the deduction allowed with respect to such stock. Subtitle E: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle F: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone businesses which become worthless during the taxable year. Subtitle G: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases the tax credit for increasing research activities to 37 and one-half percent. (currently, 25 percent for research conducted in enterprise zones). Subtitle H: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Subtitle I: Regulations - Directs the Secretary of the Treasury to issue regulations to carry out the provisions of this Act not later than six months after the date of enactment. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act) and governments and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that, to the maximum extent practicable, foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 31 July 1985
Law Enforcement Officers Protection Act of 1985 - Amends the Federal criminal code to define "armor-piercing ammunition." Excludes from the definition: (1) shotgun shot composed in order to comply with Federal or State law; (2) frangible projectiles for target shooting; (3) ammunition containing frangible projectiles; and (4) any ammunition or projectiles which the Secretary of the Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor-piercing ammunition. Allows: (1) the manufacture or importation of armor-piercing ammunition for the use of the United States or any State or local government; (2) manufacture for the sole purpose of exportation; or (3) manufacture or importation for the purposes of testing and experimentation authorized by the Secretary. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor piercing ammunition. Authorizes the Secretary to revoke a license from a dealer for violating this Act. Requires the Secretary of the Treasury to promulgate regulations allowing for special marking on armor-piercing communication and packaging. Establishes an additional mandatory sentence for any person who during and in relation to the commission of a violent crime carries a firearm and is in possession of armor-piercing ammunition capable of being fired by such firearm.
United States · United States Congress · 30 July 1985
Amends the Federal criminal code to impose a life sentence without eligibility for parole upon any person who engages in the sexual exploitation of a child for profit or through the use of force (or threat of force) that would likely result in serious bodily injury or death to the minor.
United States · United States Congress · 30 July 1985
Expresses the sense of the Congress that: (1) the United States should reaffirm its commitment to the principles expressed in section seven of the Helsinki Accords; and (2) the President should urge Soviet leader Mikhail Gorbachev to reaffirm the Soviet Union's commitment to such principles.
![Official portrait of Rep. Martin, Lynn M. [R-IL-16]](https://www.congress.gov/img/member/m000195_200.jpg)