A joint resolution designating the month of January 1986 as "United States Savings Bonds Month".
United States · United States Congress · 16 October 1985
Designates January 1986 as United States Savings Bonds Month.
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United States · United States Congress · 16 October 1985
Designates January 1986 as United States Savings Bonds Month.
United States · United States Congress · 8 October 1985
Amends the copyright law to prohibit a copyright holder from conveying the right to publicly perform an audiovisual work on non-network commercial television without simultaneously conveying the right to perform in synchronization any copyrighted music which accompanies such work.
United States · United States Congress · 8 October 1985
Trade Partnership Act - Title I: International Trade - Directs the President to establish the Commission on Trade which shall: (1) evaluate existing U.S. trade laws and policies; (2) develop recommendations on monetary and fiscal policies for the United States and its chief trading partners; (3) evaluate the export financing practices of major trading partners and of international agencies; and (4) review existing trade agreements to assess their effect on U.S. long-term trading interests. Requires the Commission to report its findings and recommendations to the President and to the Congress. Expresses the sense of the Congress that the President should evaluate such findings and recommendations and take into account the results of an international monetary conference to determine the propriety of convening a summit conference on international trade in order to develop changes in international trade and monetary practices. Expresses the sense of the Congress that the President should call for an international monetary conference to develop: (1) options for reforming institutional mechanisms in order to decrease the disparity among, and to prevent dramatic fluctuations in the value of, the currencies of the major economic powers; and (2) means for reducing interest rates, promoting national and world economic growth, assuring price stability, and promoting higher levels of international trade. Expresses the sense of the Congress that the President should initiate multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade (GATT) in order to: (1) resolve the issues not resolved in earlier negotiations; (2) develop multilateral disciplines in those areas where trade problems have emerged or are becoming more acute; (3) focus on improving the dispute settlement mechanisms of the GATT; (4) place a high priority on bringing developing countries into full participation in the international trading community; (5) ensure that all developed countries share equally the responsibility for advancing the economies of developing countries; and (6) increase efforts to bring countries now outside the GATT under accepted multilateral disciplines governing trade. Directs the President to begin negotiations immediately if Canada requests the negotiation of a trade agreement that provides for the elimination or reduction of any duty imposed by the United States. Directs the U.S. Trade Representative (USTR) to review the bilateral relationships between the United States and its major trading partners in order to determine those countries that offer the most potential for the establishment of free trade areas with the United States. Sets forth factors to be considered in making such review. Authorizes the President, during the year following enactment of this Act, to negotiate with Japan on a trade agreement under which the United States will permit the exportation to Japan of Alaskan petroleum and natural gas in return for substantial concessions by Japan regarding the importation into Japan of agricultural products, wood products, and other kinds of export products that are important to the United States. Amends the Trade Act of 1974 to transfer to the USTR specified functions relating to import relief that are currently performed by the President. Directs the President to review the USTR's determination on whether to provide import relief and what form such relief should take. Requires the President to complete such review within 15 days of receiving the USTR's determination. Directs the President to notify the Congress of the President's decision and of the USTR's determination. Directs the USTR to take action to implement the import relief which the USTR decided to provide if the President concurs in the USTR's decision. Directs the USTR to take action to implement the President's decision on import relief if it differs from the USTR's decision and no joint resolution disapproving the President's decision is enacted. Directs the USTR to order the implementation of the import relief recommended by the International Trade Commission if the decision of the President differs from the decision of the USTR and a joint resolution disapproving the President's decision is enacted. Authorizes interim relief after a petition for import relief is filed if the USTR determines that: (1) it is likely that the article is being imported in such increased quantities as to be a substantial cause of serious injury or threat thereof to the competing domestic industry; and (2) the absence of such interim relief would result in irreparable harm to the domestic industry. Authorizes emergency relief from imports of perishable products (other than perishable products from a beneficiary country under the Caribbean Basin Economic Recovery Act) after a petition for such relief is filed if the USTR, after consultation with the Secretary of Agriculture, decides that: (1) there is a reasonable indication that the perishable product is being imported in such increased quantities as to be a substantial cause of serious injury, or threat thereof, to the competing domestic industry; and (2) emergency action is warranted. Directs the USTR, upon deciding to grant interim relief or emergency relief, to: (1) determine the method and extent of such relief; (2) notify the President of such decision; and (3) unless the President decides within 15 days that such relief is not in the national economic interest, order the Commissioner of Customs to impose such relief. Declares that such relief may consist of tariff increases or import limitations. Provides for the termination of such relief. Directs the USTR to order the Commissioner of Customs to implement actions necessary to enforce U.S. rights under any trade agreement if: (1) the President and the USTR agree on the appropriate action; or (2) the President differs with the USTR on the appropriate action but a joint resolution disapproving such action is not enacted. Reduces the number of days from 21 to 15 between the President's receipt of the USTR's recommendation of appropriate action and the President's decision on what action is appropriate. Requires the President to determine during such 15 day period if: (1) the President concurs in the USTR's recommendation; or (2) it is in the national economic interest not to take any action or to take action different from the action determined by the USTR. Requires the President to notify the Congress of such decision. Provides that if 90 days after the Congress receives notice of such decision no joint resolution is enacted disapproving it then such decision shall take effect. Reduces the amount of time the USTR may take to make a recommendation on a petition for enforcement of U.S. trade rights. Sets forth the actions the USTR may recommend to the President based on such petition. Directs the USTR to include in the annual report to the Congress on foreign barriers to market access an analysis and assessment of the overall reciprocity accorded U.S. products, services, and investment by each of the major trading partners of the United States and the impact on major U.S. product sectors of the failure to provide reciprocity. Requires specified congressional committees, within 90 days of receiving such report, after consultation with the USTR and conducting public hearings, to issue a joint report on: (1) the priorities for negotiations regarding reducing or eliminating trade barriers; and (2) the committees' recommendations on actions to enforce U.S. trade rights. Directs the Secretary of Labor to pay to private firms 80 percent of the cost of providing job training if the training is certified as trade readjustment training and if the trainees are not charged for the training. Extends the job training, job search, and job relocation allowance provisions of the trade adjustment assistance programs through October 1, 1987. Amends the Trade Expansion Act of 1962 to set a one year deadline for the President to take action on the advice of the Secretary of Commerce on imports that are suspected of impairing national security. Amends the Tariff Act of 1930 to reduce the time limit for decisions by the International Trade Commission on allegations of unfair practices in import trade from one year (18 months in more complicated cases) to eight months (ten months in more complicated cases). Declares that the USTR should expedite the issuance of notices requesting the negotiation of periodic adjustments to the bilateral limitations on shipments of textiles and apparel contained in the Multi-Fiber Arrangement. Directs the Commissioner of Customs to: (1) increase the number of inspectors, import specialists, and customs patrol officers in the Customs Service by at least 800; (2) implement the Automated Commercial System at all ports of entry; and (3) implement a program for detecting, investigating, and prosecuting patent and copyright infringement cases. Requires the Commissioner to report quarterly to specified congressional committees on the operation and effect of the patent and copyright infringement program. Imposes a penalty for multiple customs law offenders who import or attempt to import merchandise during the three years following the date of the third of the offenders' convictions. Title II: Protection of Patents and Transfer of Technology - Part A: Protection of Patents - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Places the burden of proof upon the party asserting that a product was not produced with the patented process in an infringement action where the court finds a substantial likelihood that the product was so produced and the claimant has exhausted all means of discovery. Part B: Transfer of Technology - Federal Laboratory Technology Utilization Act of 1985 - Authorizes Federal agencies to permit their laboratories to enter into cooperative research and development arrangements with other Federal, State, and local agencies, universities, industrial organizations, or other persons including licensees of inventions owned by the Federal agency or general partners of research and development limited partnerships. Permits such laboratories to exchange funds, services, and property with collaborators, grant such collaborators patent licenses or assignments, waive Federal ownership of inventions made by a collaborator, and negotiate licensing agreements for federally owned inventions. Sets forth a formula for the distribution of royalties or other income received by such laboratories from the licensing of cooperatively produced inventions to Federal agency employee inventors, the laboratories themselves, and the Treasury. Requires affected Federal agencies to report annually to the appropriate congressional committees on the income from and distribution of royalties. Directs the Secretary of Commerce to provide procedures, training, and advice to Federal laboratories on recognizing the commercial potential of new technologies and inventions. Requires the Secretary to report biannually to the President and the Congress on Federal agency participation in this program. Makes it the policy of the Government to encourage the commercialization of inventions by Federal or former Federal employees made by them during their Federal employment and exempts such efforts from otherwise applicable violations. Permits such an employee to retain title to an invention (subject to retention by the Government of a nonexclusive license) unless the agency intends to file a patent application itself in order to promote commercialization. Sets forth other permissible conditions on such an inventor's title. Part C: Protection of Proprietary Information - Exempts commercial and financial information that is proprietary or sensitive from the sunshine provisions applied to Federal agencies if the proprietor is notified of the request for release of the information and given 60 days to present arguments on why the information should be exempt. Title III: Export Promotion - Amends the Bank Holding Company Act of 1956 to increase, from five percent to ten percent, the percentage of shares that: (1) a bank holding company may hold in an export trading company; and (2) an Edge Act corporation may hold in an export trading company from five to ten percent. Increases the amount of credit that a bank owning stock in a bank holding company with investments in an export trading company may extend to an export trading company. Amends the Export Trading Company Act of 1982 to direct the Board of Directors of the Export-Import Bank to try to insure that a "significant share" (currently a "major share") of any loan guarantees ultimately serves to promote exports from small, medium-size, and minority businesses or agricultural concerns. Requires the Board to report to the Congress on implementation of such requirement within one year of its effective date. Directs the Secretary of the Treasury to develop a program consisting of mixed credit financing for exports to compensate for the effects of subsidized financing by U.S. trading partners. Declares that the Export-Import Bank should expand its promotion programs for small- and medium-sized banks. Amends the Federal Reserve Act to give Edge Act corporations the same discount and borrowing privileges as Federal Reserve banks. Repeals the limitation on bank investments in Edge Act corporations. Directs the Board of Governors of the Federal Reserve System to require periodic reports from every corporation of the total amount of capital stocks and paid up surplus of the corporation, the name of any stockholder who holds more than ten percent of the shares of the stock of such corporation, and the share holdings of such stockholder. Directs the U.S. Executive Director of each of the multilateral development banks to promote procurement opportunities relating to the assistance provided by such banks in recipient countries for U.S. firms. Sets forth actions the Executive Directors should take with respect to such opportunities. Declares that the Secretary of Commerce should continue to assign one foreign commercial service officer to the office of the U.S. Executive Director of the International Bank for Reconstruction and Development. Directs the Secretary of Commerce to assign such an officer on a part-time basis to each of the offices of the U.S. Executive Director of the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank. Requires the U.S. Ambassadors to those countries that are important trading partners of the United States to report annually to the President and to the Congress on their efforts to help U.S. industries in expanding export sales to, and improving their market positions in, such countries. Authorizes the seven Bell operating companies, effective September 1, 1986, to manufacture telecommunications equipment and customer premises equipment in the United States if specified conditions are met. Title IV: Foreign Corrupt Practices - Business Accounting and Foreign Trade Simplification Act - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Prohibits imposing criminal liability for failing to maintain such an accounting system. Prohibits imposing civil injunctive relief with respect to: (1) an issuer who fails to maintain the required accounting system if the issuer tried in good faith to meet the requirements; or (2) any person other than an issuer in connection with an issuer's failure to comply with such requirements, unless such person knowingly caused the issuer to fail to comply. Prohibits anyone from knowingly circumventing such an accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Securities and Exchange Commission to the Department of Justice jurisdiction to enforce the bribery prohibitions of the FCPA with respect to issuers. Revises the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made "directly or indirectly" to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments to such officials that are lawful under the foreign country's laws; (3) payments which constitute tokens of regard or esteem; (4) expenditures associated with selling, purchasing, or demonstrating goods; or (5) ordinary expenditures associated with performing a contract with a foreign government. Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act. Prohibits prosecution of a domestic concern or specified agents of such concern for violating the Federal mail or wire fraud provisions by making a payment to a foreign official if the prosecution is based on the theory that the official, by receiving the payment, violated a duty to or defrauded the foreign government or the citizens of a foreign country. Authorizes the Attorney General to issue guidelines specifying: (1) permissible conduct associated with common types of export sales arrangements; and (2) precautionary procedures which would create a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the opinion states that the conduct does not involve a violation. Directs the Attorney General to protect the confidentiality of materials submitted in the review procedure. Requires annual reports to the Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Title V: Related Tax Provisions - High Technology Research and Scientific Education Act of 1985 - Part A: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Part B: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses, and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporation's R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 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
Superfund Revenue Reauthorization Act of 1985 - Amends the Internal Revenue Code to reduce the environmental excise tax on petroleum from 0.79 cent per barrel to 0.17 cent per barrel. Extends such tax from September 30, 1985, to September 30, 1990. Allows for an earlier suspension of such tax if the unobligated balance in the Hazardous Substance Superfund exceeds specified levels. Revises the rate of the environmental excise tax imposed on certain chemicals. Imposes such tax on additional chemicals not presently taxed. Provides for annual inflation adjustments in the amount of such tax. Allows an exemption from such tax for chemicals sold for export. Sets forth special rules and certain exemptions for specified chemicals. Repeals the present environmental excise tax on hazardous waste. Amends the Hazardous Substance Response Revenue Act of 1980 and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to repeal provisions relating to the Post-Closure Liability Trust Fund. Imposes an environmental excise tax on any imported substance which is directly and substantially manufactured or produced from raw materials or feedstocks consisting of one or more taxable chemicals. Imposes an environmental excise tax on: (1) the receipt of hazardous waste at a qualified waste management unit; and (2) the receipt of hazardous waste for transport from the United States for the purpose of ocean disposal. Sets forth the rate of such tax. Provides that such tax shall be paid: (1) by the owner or operator of the qualified hazardous waste management unit for land disposal; or (2) by the person holding the permit for transport for ocean disposal. Terminates such tax after September 30, 1990. Exempts from such tax any receipt of hazardous waste pursuant to any removal or remedial action under CERCLA if such action is approved by the Administrator of the Environmental Protection Agency. Exempts such removal or remedial action taken under the Solid Waste Disposal Act. Allows a credit or refund of such tax for any hazardous waste which undergoes qualified treatment. Provides for a credit or refund where there have been multiple taxable events with respect to any hazardous waste. Imposes an environmental excise tax on the generator of hazardous waste if no tax have been imposed on the receipt of such waste within the 270-day period beginning on the day after such waste was generated. Sets forth certain definitions. Requires persons responsible for the payment of such environmental taxes to submit such information to the Secretary of the Treasury as may be required by regulation. Sets forth penalties for failure to provide such information. Imposes an environmental excise tax at a rate of .14 percent based on the FICA taxes the corporation is required to deduct and to pay during the year. Allows a credit against this tax based on the export sales percentage of the prior year's surtax imposed by this provision. Establishes within the Treasury the Hazardous Substance Superfund (Superfund). Transfers to such Superfund amounts equivalent to: (1) revenues raised by environmental excise taxes; (2) amounts recovered on behalf of the Superfund under CERCLA; (3) amounts recovered or collected under certain provisions of the Clean Water Act; (4) certain penalties assessed under CERCLA; and (5) certain punitive damages assessed under CERCLA. Authorizes expenditures from such Superfund to carry out certain purposes specified in CERCLA. Limits the liability of the United States for any claim filed against the Superfund to the amount in such Superfund. Authorizes appropriations to such Superfund for FY 1986 through 1990. Provides that the Superfund shall be treated for all purposes of law as a continuation of the Hazardous Substance Response Trust Fund as established by the Hazardous Substance Response Revenue Act of 1980.
United States · United States Congress · 26 September 1985
Designates 1987 as the Year of Thanksgiving.
United States · United States Congress · 26 September 1985
Expresses the sense of the Congress that the current Government of Guatemala is to be commended for its perseverance and determination to return to civilian rule.
United States · United States Congress · 18 September 1985
Declares that the Congress will not appropriate additional funds for the U.S. contribution to the seventh replenishment of the resources of the International Development Association unless there is a full debate in the Congress.
United States · United States Congress · 12 September 1985
Designates the rose as the national floral emblem.
United States · United States Congress · 10 September 1985
National Council on Access to Health Care Act - Amends title XVIII (Medicare) of the Social Security Act to provide for the establishment of the National Council on Access to Health Care. Directs the Council to undertake specified advisability studies (including advisability studies of the: (1) development of a national health care policy to address the issues of access and quality; (2) current procedures designed to ensure the quality and availability of health care to all individuals; and (3) proper role of Federal and State governments and others in the financing, delivering, supervising, and planning of health services). Sets forth reporting requirements and administrative and membership provisions. Authorizes appropriations. Terminates the Council on September 30, 1988.
United States · United States Congress · 10 September 1985
Designates September 22, 1986, as American Business Women's Day.
United States · United States Congress · 9 September 1985
Designates December 5, 1985, as Walt Disney Recognition Day.
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 · 30 July 1985
Designates the week of September 23 through September 29, 1985, as National Historically Black Colleges Week.
United States · United States Congress · 26 July 1985
Designates the week of December 15 through December 21, 1985, as National Drunk and Drugged Driving Awareness Week.
United States · United States Congress · 25 July 1985
Medical Offer and Recovery Act - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to provide for an alternative liability system for medical malpractice. Prohibits an individual from bringing a civil action against a participating health care provider for a disease or injury arising from health care services provided pursuant to Medicare, Medicaid (title XIX of the Social Security Act), an armed forces' or veterans' health plan, the Federal employees' health benefits program, or any other participating health benefits plan, if such provider provides the individual with a timely written tender to pay compensation benefits in accordance with this Act. Allows the individual to serve the provider with a written request for arbitration if such provider fails to provide the individual with a written tender in a timely manner. States that this Act does not foreclose civil actions for intentionally caused injuries. Permits a health care provider to join an entity which is potentially liable for the injury. Provides that any disagreement between such entities regarding their share of costs shall be submitted to binding arbitration and such share shall be based on comparative fault. Sets forth provisions regarding the subrogation of parties. States that the amount of compensation benefits payable for a personal injury shall be equal to the net economic loss resulting from such injury, plus attorney's fees. Defines "net economic loss." Requires compensation benefits to be paid within 30 days after reasonable proof of the fact and amount of economic loss has been submitted to the initiating compensation obligor. Provides that if reasonable proof is supplied for only a portion of the net economic loss, and that portion totals $100 or more, the compensation for such portion shall be paid without regard to the remainder of the loss. Sets a five year statute of limitations for claims under this Act. Requires a compensation obligor who rejects a claim for compensation benefits to give the claimant prompt notice of the rejection and the reasons therefor. Requires the disclosure of specified information, including: (1) the earnings of the injured individual; and (2) a copy of every written report concerning any medical treatment or examination of the injured individual in regard to the injury in question. Allows the injured individual or compensation obligor to petition a court for an order for discovery, including the right to oral or written depositions. Allows the compensation obligor to petition a court for an order directing the individual to submit to a mental or physical examination by a physician. Allows the injured individual or compensation obligor to apply to a court for a declaration as to the amount of compensation benefits owed. Permits an obligation to pay compensation benefits to be discharged by a settlement or lump sum payment if the net economic loss is less than $5,000. Allows a settlement or lump sum payment where the net economic loss exceeds $5,000 if a court determines that such a settlement is fair to the injured individual. Permits a court to enter a judgment declaring the compensation obligor liable for forseeable future treatment. Permits an agreement or judgment to be modified upon a finding that a material and substantial change of circumstances has occurred. Requires a health care provider to participate in an assigned claims plan meeting the requirements of this Act in order to participate in the alternative liability program described in this Act. Permits entities within a State to organize and maintain an assigned claims plan. Provides that where such a plan is not established within a State, the Secretary of Health and Human Services shall establish and maintain such a plan for that State. Provides that an injured individual entitled to compensation benefits may obtain such benefits through the assigned claims plan if the initiating compensation obligor is financially unable to fulfill its obligation. Directs the assigned claims plan to assign such claim to another member of the plan. Allows such assignee to seek payment from the initiating compensation obligor of 120 percent of the costs and expenses incurred in fulfilling such obligation. Requires participating health care providers to submit written reports to appropriate health care licensing boards where the provider: (1) takes actions which adversely affects the clinical privileges of a health care professional; or (2) terminates or fails to renew a contract with a health care professional. States that such reports shall not be subject to discovery, except upon the request of the health care professional against whom the adverse action is taken. Precludes liability for damages for any entity transmitting such reports unless the information transmitted is false and the entity knows such information is false and acts with malice. Requires physicians participating in the alternative liability program to obtain malpractice insurance. Provides that the preceding provisions of this Act shall not apply to any personal injury occurring: (1) before January 1, 1988; or (2) in a State which has in effect an alternative medical liability law which meets specified requirements.
United States · United States Congress · 23 July 1985
Designates March 1986 as Music In Our Schools Month.
United States · United States Congress · 27 June 1985
Designates the year of 1986 as the Sesquicentennial Year of the National Library of Medicine.
United States · United States Congress · 27 June 1985
Designates the Week of October 6 through October 12, 1985, as Myasthenia Gravis Awareness Week.
United States · United States Congress · 25 June 1985
Designates November 1, 1985, as National Philanthropy Day.
United States · United States Congress · 19 June 1985
Designates the week beginning on December 1, 1985, as National Home Health Care Week.
United States · United States Congress · 13 June 1985
Designates August 1985 as Cajun Music Month.
United States · United States Congress · 12 June 1985
Designates the month of November 1985 as National Diabetes Month.
United States · United States Congress · 11 June 1985
Authorizes and requests the President to designate the week beginning October 20, 1985, as The Lessons of Grenada Week.
United States · United States Congress · 11 June 1985
Designates August 13, 1985, as National Neighborhood Crime Watch Day.
United States · United States Congress · 10 June 1985
Expresses the sense of the House of Representatives 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 · 6 June 1985
Designates the week beginning on October 20, 1985, as Benign Essential Blepharospasm Awareness Week.
United States · United States Congress · 23 May 1985
Recognizes Camp Fire, Incorporated for its 75 years of service to our Nation.
United States · United States Congress · 23 May 1985
Designates the week beginning May 18, 1986, as National Tourism Week.
United States · United States Congress · 22 May 1985
Korean War Veterans Memorial Act of 1985 - Authorizes the American Battle Monuments Commission to erect a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. armed forces who served in the Korean war. Subjects the selected site, design, and plans for the construction of such memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission. Directs that, upon its completion, the memorial shall be turned over to the Department of the Interior which shall then be solely responsible for its maintenance. Authorizes appropriations.
United States · United States Congress · 22 May 1985
Authorizes and requests the President to designate July 16, 1985, as National Atomic Veterans Day.
United States · United States Congress · 16 May 1985
Expresses the sense of the Congress that U.S. national security policy should reflect a national strategy of peace through strength. Sets forth the principles and goals of such policy.
United States · United States Congress · 15 May 1985
Designates the month of November 1985 as National Hospice Month.
United States · United States Congress · 14 May 1985
Amends the Internal Revenue Code to reduce the imputation rate on seller-financed transactions from 120 percent to 100 percent of the Federal rate. Eliminates the separate testing rate for the determination of imputed interest. Directs the Secretary of the Treasury to make a determination of the Federal short-term, mid-term, and long-term rates on a monthly basis. Permits the use of a lower rate than the applicable Federal rate where such rate is based on the same principles as the applicable Federal rate and is appropriate for the term of the instrument. Provides that the rate used to test the adequacy of stated interest on the first $2,000,000 of seller financing cannot exceed nine percent. Provides that where the amount of seller financing is greater than $4,000,000, the test rate is 100 percent of the applicable Federal rate. Establishes a blended rate for sales between $2,000,000 and $4,000,000 equal to nine percent on an amount which phases out dollar-for-dollar as the amount of seller financing exceeds $2,000,000 and 100 percent of the applicable Federal rate on the excess. Provides that the $2,000,000 and $4,000,000 threshold amounts will be indexed for inflation after 1988. Allows the parties to elect to account for interest using the cash method of accounting where the transaction amount of seller-financing is not more than $2,000,000. Lengthens the recovery period for real property from 18 to 19 years.
United States · United States Congress · 14 May 1985
Designates October 1985 as Learning Disabilities Awareness Month.
United States · United States Congress · 9 May 1985
Amends the Tariff Act of 1930 to include in the definition of "subsidy" (for countervailing duty purposes) any resource input subsidy as provided for under the provisions of this Act. States that a "resource input subsidy" is found to exist if: (1) (a) a product is provided or sold by a government-regulated or controlled entity within a country for input use within such country at a domestic price that is lower than the fair market value of the input product and is not freely available to U.S. producers; and (b) a product would, if sold at the fair market value, constitute a significant portion of the total cost of the manufacture or production of the merchandise in or for which the input product is used; or (2) under specified circumstances, the right to remove or extract such product is provided or sold by a government or a government-regulated or controlled entity within a country. Sets forth the method of calculation for the amount of a resource input subsidy. Defines "fair market value" and "input use" for purposes of this Act. Requires injury determinations by the U.S. International Trade Commission to be made in all countervailing duty investigations relating to the existence of resource input subsidies.
United States · United States Congress · 8 May 1985
Designates the week beginning October 27, 1985, as National Alopecia Areata Awareness Week.
United States · United States Congress · 8 May 1985
Expresses the sense of the House of Representatives that the administration should comply with the automatic appropriation and earmarking provisions of the Wallop/Breaux Sport Fish Restoration Trust Fund. States that funds owed to the States from such Fund should not be withheld or delayed.
United States · United States Congress · 7 May 1985
Constitutional Amendment - Declares that nothing in the Constitution shall abridge the right of persons to participate in voluntary prayer in public schools or institutions. States that no person shall be required by the United States or by any State to participate in prayer. Prohibits the United States or any State from composing words of prayer to be said in the public schools.
United States · United States Congress · 2 May 1985
Amends the Tariff Act of 1930 to include in the definition of "subsidy" (for countervailing duty purposes) any natural resource subsidy as determined under the provisions of this Act. Defines the term "natural resource subsidy" to mean the sale of a product by a government controlled or regulated entity at a price which, by reason of such control or regulation, is lower than fair market value and constitutes a significant portion of the total cost of the manufacture of such product. Sets forth the method of calculation for determining the level of a natural resource subsidy. Defines the term "fair market value" for purposes of determining the level of a natural resource subsidy.
United States · United States Congress · 29 April 1985
Designates the week beginning on April 13, 1986, as National Garden Week. Urges the wearing of garden flowers during that week as a symbol of appreciation for the contributions of the Nation's gardeners.
United States · United States Congress · 29 April 1985
Designates June 14, 1985, as Baltic Freedom Day.
United States · United States Congress · 24 April 1985
Designates November 30, 1985, as National Mark Twain Day.
United States · United States Congress · 24 April 1985
Designates the month of March 1986 as National Hemophilia Month.
United States · United States Congress · 18 April 1985
Amends title XX (Block Grants to States for Social Services) of the Social Security Act to prohibit using title XX grants for any child care services unless: (1) the State has established and is enforcing appropriate out-of-home child care standards; and (2) such services meet the standards so established. Sets forth specific areas of concern that a State's standards must address.
United States · United States Congress · 18 April 1985
States that the Congress condemns: (1) Nicaraguan actions that hinder freedom of religion; and (2) the association of the Nicaraguan Government with international terrorist organizations, including the Palestine Liberation Organization. Calls upon the President, in communications with Nicaragua, to raise the issues of religious persecution of and compensation for members of the Jewish, Miskito, and other communities who have been forced to leave because of interference with freedom of religion.
United States · United States Congress · 3 April 1985
Narcotics Importation, Manufacture, and Control Act - Amends the Controlled Substances Import and Export Act to increase the criminal penalties for: (1) importing or exporting controlled substances; (2) bringing or possessing on board a vessel, aircraft, or vehicle a controlled substance; and (3) manufacturing or distributing a controlled substance. Prohibits granting a suspended or probationary sentence for persons convicted of such offenses. Denies such persons eligibility for parole. Permits imposing criminal penalties for attempts or conspiracies to commit such offenses. Requires such penalties to be imposed in the same manner and to the same extent as is prescribed for actually committing the offenses involved. Prohibits granting a suspended or probationary sentence for persons convicted of such attempts or conspiracies and denies such persons eligibility for parole if such sentences and parole are precluded for actually committing the offenses involved. Requires that any person who manufactures a controlled substance shall be imprisoned for the entire maximum term of imprisonment for such violation. Prohibits granting a suspended or probationary sentence and denies such persons eligibility for parole.
United States · United States Congress · 3 April 1985
Agriculture Act of 1985 - Title I: Dairy - Amends the Agricultural Act of 1949 to set milk price support levels at 90 percent of the previous three year average. Provides for: (1) automatic price support revisions on April 1 and October 1 of 1986 through 1989; and (2) additional adjustments based on Government purchase levels. Extends authority through 1989 for: (1) the dairy indemnity program; and (2) the program of dairy product transfers to the military and veterans' hospitals. Amends specified milk marketing order provisions. Title II: Wool and Mohair - Amends the National Wool Act of 1954 to extend the wool program through 1989. Title III: Wheat - Amends the Agricultural Act of 1949 to set loan and purchase levels for the 1986 through 1989 wheat crops at 75 percent of the preceding five year average, excluding high and low years. Limits annual adjustments to not more than ten percent. Sets 1986 target prices at not less than 1985 levels. Sets target prices beginning in 1987 at 110 percent of the preceding five year average, excluding high and low years. Limits annual adjustments to not more than five percent. Authorizes the Secretary of Agriculture to require compliance with an acreage reduction or paid land diversion program as a condition of eligibility for program benefits. Requires the Secretary to implement an acreage reduction program if carryover stocks exceed four percent of annual world utilization. Suspends specified marketing quota and producer certificate provisions. Title IV: Feed Grains - Amends the Agricultural Act of 1949 to set loan and purchase levels for the 1986 through 1989 corn crops at 75 percent of the preceding five year average, excluding high and low years. Limits annual adjustments to not more than ten percent. Sets loans and purchase levels for grain sorghum, barley, oats, and rye in relation to corn levels. Sets 1986 target prices at not less than 1985 levels. Sets target prices beginning in 1987 at 110 percent of the preceding five year average, excluding high and low years. Limits annual adjustments to not more than five percent. Authorizes the Secretary to require compliance with an acreage reduction or paid land diversion program as a condition of eligibility for program benefits. Requires the Secretary to implement an acreage reduction program if carryover stocks exceed four percent of annual world utilization. Title V: Cotton - Suspends specified base acreage allotment and marketing quota provisions for the 1986 through 1989 upland cotton crops. Amends the Agricultural Act of 1949 to set upland cotton loan rates at the lower of: (1) 85 percent of the average U.S. spot market price (weighted by market and month) for the preceding five years, excluding the high and low years; or (2) 90 percent of the average of comparable cotton prices, quoted C.I.F. northern Europe. Limits annual adjustments to not more than ten percent. Sets 1986 target prices at not less than 1985 levels. Sets target prices beginning in 1987 at 110 percent of the same average market price used to determine loan rates. Limits annual adjustments to not more than five percent. Directs the President to establish a special limited global import quota for upland cotton if average spot prices exceed specified levels. Authorizes the Secretary to require compliance with an acreage reduction or paid land diversion program as a condition of eligibility for program benefits. Requires the Secretary to implement an acreage reduction program if upland cotton carryover stocks exceed normal supply by more than 15 percent. Title VI: Rice - Amends the Agricultural Act of 1949 to set loan and purchase levels for the 1986 through 1989 rice crops at 75 percent of the preceding five year average, excluding high and low years. Limits annual adjustments to not more than ten percent. Sets 1986 target prices at not less than 1985 levels. Sets target prices beginning in 1987 at 110 percent of the preceding five year average, excluding high and low years. Limits annual adjustments to not more than five percent. Authorizes the Secretary to require compliance with an acreage reduction or paid land diversion program as a condition of eligibility for program benefits. Requires the Secretary to implement an acreage reduction program if rice carryover stocks exceed normal supply by more than 15 percent. Title VII: Peanuts - Amends the Agricultural Act of 1949 to establish the national poundage quota for the 1986 through 1989 peanut crops at the level of the previous three-year average of domestic edible and seed use. Authorizes modifications of up to five percent. Extends price support provisions for the 1986 through 1989 peanut crops. Permits changes in support levels based upon changes in the price paid index. Title VIII: Soybeans - Amends the Agricultural Act of 1949 to set loan and purchase levels for the 1986 through 1989 soybean crops at 75 percent of the preceding five year average, excluding high and low years. Stipulates that such level may not be less than $5.02 per bushel. Limits annual support reductions to not more than ten percent or below $4.50 per bushel. Title IX: Sugar - Amends the Agricultural Act of 1949 to set loan levels for the 1986 through 1989 sugarcane crops at 18 cents per pound. Bases sugar beet support levels on sugarcane prices. Title X: Miscellaneous - Subtitle A: Advance Diversion Payments - States that if the secretary makes land diversion payments to assist in adjusting acreage for the 1986 through 1989 crops of wheat, feed grains, cotton, or rice, at least 50 percent of such payment shall be made available as soon as possible after program signup. Subtitle B: Grain Reserves - Terminates the producer-owned reserve storage program. Subtitle C: Miscellaneous Commodity Provisions - Limits annual deficiency payments to $50,000 per person for the 1986 through 1989 crop years. Subtitle D: General Provisions - Extends the special grazing and hay program through 1989. Title XI: Agricultural Export and Public Law 480 - Subtitle A: Export Provisions - Amends the Food for Peace Act of 1966 to extend authority through 1989 for the Agricultural Export Credit Revolving Fund. Exempts export sales financed or guaranteed by the Commodity Credit Corporation (CCC) from cargo preference laws. Amends the Agriculture and Food Act of 1981 to exempt the special standby export subsidy program from cargo preference laws. Directs the Secretary to use bonus commodities from CCC to offset the adverse effects of competing countries' subsidies and currency exchanges. Exempts such exports from cargo preference laws. Subtitle B: Public Law 480 - Amends the Agricultural Trade Development and Assistance Act of 1954 to increase minimum export tonnage levels. Exempts such exports from cargo preference laws. Extends such programs through 1989. Title XII: Resource Conservation - Subtitle A: Conservation Reserve - Directs the Secretary to establish a conservation reserve program to convert cropland and highly erodible land to less intensive use. Subtitle B: Program Eligibility on Highly Erodible Land - Makes any person who cultivates crops on highly erodible land ineligible for price support and other agricultural loans and benefits. Subtitle C: General Provisions - Authorizes appropriations. Title XIII: Effective Date - Makes the provisions of this Act effective upon enactment, unless otherwise so provided.
United States · United States Congress · 3 April 1985
Designates the week beginning September 22, 1985, as National Adult Day Care Center Week.
United States · United States Congress · 2 April 1985
Medicare and Medicaid Patient and Program Protection Act of 1985 - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to exclude from participation in programs under title XVIII (Medicare) of the Social Security Act any individual or entity: (1) convicted of a criminal offense related to the delivery of an item or service under title XVIII or under titles XIX (Medicaid), V (Maternal and Child Health Block Grant), or XX (Block Grants to states for Social Services) of such Act; or (2) convicted of a criminal offense related to neglect or abuse of patients in connection with the delivery of a health care item or service. Authorizes the Secretary to exclude from Medicare participation any individual or entity: (1) convicted of fraud with respect to any Federal, State, or locally financed health care program; (2) convicted of interferring with the investigation of health care fraud; (3) convicted of manufacturing, distributing, or dispensing a controlled substance; (4) whose health care license has been suspended or revoked; (5) suspended or excluded from participation in a Federal health care program; (6) claiming excessive charges or providing unnecessary services; (7) committing certain acts prohibited under title XI; (8) owned or controlled by an individual convicted of health care related crimes, fined for health care abuses, or excluded from Medicare or a State health care program; and (9) failing to supply certain information. Authorizes the Secretary to exclude any hospital failing to comply with corrective action required under title XVIII. Sets forth provisions relating to notice requirements, judicial review, and period of exclusion. Directs the Secretary to promptly notify each appropriate State agency administering or supervising the administration of a State health care program of each exclusion and the period of exclusion. Permits an excluded individual or entity to apply, following a period exclusion, to the Secretary for reinstatement. Sets forth provisions providing for civil and criminal penalties for acts involving Medicare or State health care programs abuse, including penalties for physician misrepresentations. Requires a State, as a condition of Medicaid plan approval, to provide for the following: (1) a system of reporting any type of adverse action concluded against any health care practitioner or entity by the State or a local licensing authority; and (2) such access to documents as may be necessary by the Secretary. Requires the Secretary to provide suitable safeguards for the confidentiality of such information. Requires any health care provider providing health care services for which payment may be made under the Act to assure that services or items furnished: (1) will be provided economically and only when, and to the extent, medically necessary; (2) will be quality services which meet professionally recognized standards of health care; and (3) will be supported by evidence of medical necessity and quality in such form and fashion and at such time as may reasonably be required by a reviewing peer review organization in the exercise of its duties and responsibilities. Permits a State to exclude from Medicaid participation any individual or entity excluded under Medicare pursuant to the patient and program protection provisions. Requires a State in order to receive Federal payments with respect to a health maintenance organization (HMO) to exclude any HMO that: (1) could be excluded because of the conviction of the owners or managers of certain crimes; or (2) contracts with any individual or entity convicted of such crimes. Prohibits Federal payments with respect to any amount expended for items or services furnished with respect to any individual or entity excluded from Medicaid participation because of the patient and program protection provisions. Prohibits a State under title V from making payments to any individual or entity excluded from participation pursuant to the patient and program protection provisions. Prohibits Federal payments with respect to any amount expended for items or services furnished with respect to any individual or entity excluded from Medicare because of the patient and program protection provisions of part A of title XI. Prohibits using a grant under title XX for payment for any item or service furnished by a person excluded from title XX participation because of the patient and program protection provisions of title XI. Revises disclosure requirements under part A of title XI. Revises Medicare provisions concerning agreements with providers. Modifies the Medicaid moratorium provisions of the Deficit Reduction Act of 1984 to consider a State's Medicaid plan to include any plan change submitted to the Secretary either before or after the enactment of that Act and whether or not approved or disapproved by the Secretary. Sets forth effective date provisions.