United States · United States Congress · 29 January 1986
Intellectual Property Antitrust Protection Act of 1986 - Provides that agreements to convey rights to use, practice, or sublicense a patented invention, rights to use or sublicense a trade secret, or rights in a copyrighted work or mask work shall not be deemed to be illegal per se under the antitrust laws. Limits the amount a person may recover in an antitrust claim based on such an agreement to the actual damages sustained (total damage sustained in a State action), specified interest, and the cost of suit, including a reasonable attorney's fee.
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 · 23 January 1986
Live Birth Abortion Revision Act - Amends the Internal Revenue Code to deny a taxpayer's personal exemption deduction for a child who is born alive after an induced abortion or an attempt to perform an abortion and dies as a result of such procedure. Denies the deduction for abortion expenses unless the abortion was performed to save the life of the mother. Denies the personal exemption deduction for the spouse or a dependent of the taxpayer if the taxpayer intentionally causes the death of such spouse or dependent. Requires a court determination of an intentional cause of death.
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 · 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 · 12 December 1985
Richard M. Nixon National Historic Site Act - Authorizes the Secretary of the Interior to acquire specified California lands and establish the Richard M. Nixon National Historic Site. Requires the Secretary to list Richard M. Nixon's former law office on the National Register of Historic Places, if it meets specified criteria.
United States · United States Congress · 11 December 1985
Agricultural Patent Reform Act - Amends the patent laws to extend the terms of patents which encompass specified products or methods for using a product, including methods of manufacturing which primarily use recombinant DNA technology, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a five-year limitation on the extension and a 25-year maximum patent term for the earliest filing. Directs the Commissioner of Patents to notify the appropriate Federal agency upon receipt from the product sponsor of a notice of extension to determine the applicable regulatory review period and whether, within that period, the sponsor acted with due diligence. Provides for notice and informal hearings for persons interested in such determinations. Permits the setting of fees to cover the costs of review. Directs the Commissioner, upon a final determination of the applicable regulatory review period, to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent. Limits the application of such patent term extension to patents for: (1) any new animal drug or antibiotic subject to regulation under the Federal Food, Drug, and Cosmetic Act; (2) any veterinary biological product subject to regulation under the Virus-Serum-Toxin Act; (3) any pesticide subject to regulation under the Federal Insecticide Act; and (4) any chemical substance or mixture subject to regulation under the Toxic Substances Control Act.
United States · United States Congress · 10 December 1985
Calls upon the President to direct the Agency for International Development to work in a global effort to provide universal access to childhood immunization by 1990 by: (1) assisting in the delivery, distribution, and use of vaccines; and (2) performing and supporting research and development activities that will be targeted at developing new vaccines and at modifying existing vaccines to make them more appropriate for use in developing countries. Declares that the President should appeal to the public to provide the necessary resources to achieve universal access to childhood immunization by 1990. Amends the Foreign Assistance Act of 1961 to increase the authorization of appropriations for FY 1987 for the Child Survival Fund.
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 · 18 November 1985
Intellectual Property Rights Protection and Enforcement Act of 1985 - Title I: Process Patents - Amends the patent laws to prohibit the use, sale, or importation of products made through the unauthorized use of a patented process. Title II: Enforcement of Patents, Copyrights, and Trademarks in International Trade - Amends the Tariff Act of 1930 to declare that the unauthorized importation (or sale) of articles into the United States that infringe a valid U.S. patent, copyright, or trademark is unfair and has the effect of destroying or substantially injuring a U.S. industry or impairing the establishment of such industry. Permits any person to petition the International Trade Commission (ITC) for the issuance of an order to exclude such articles, during its investigation, from entry into the United States. Sets forth: (1) civil penalties for violations under this Act; and (2) procedures for the modification or recission of an ITC order under this Act. Repeals a specified section of the Tariff Act of 1930 relating to the importation of products produced under a process covered by claims of unexpired patent. Title III: Licensee Challenges to Patent Validity - States that a licensee shall not be estopped from asserting in a judicial action the invalidity of any patent to which it is licensed. Title IV: Industrial Design Protection - Design Protection Act of 1985 - Amends the copyright law to provide for the protection of original industrial designs of useful articles, except designs that are: (1) not original; (2) staple or commonplace; (3) determined solely by a utilitarian function; (4) composed of three-dimensional features of shape and surface in wearing apparel; or (5) a semiconductor chip product already protected under another provision. States that protection for a design shall be available for subject matter usually excluded if the design is a substantial revision, adaptation, or rearrangement of such subject matter. Sets the term of protection at ten years. Requires the design to be marked with a design notice when it is made public. States that omission of such notice shall not cause loss of protection or prevent recovery for infringement against any person who receives written notice of the protection. Specifies the criteria for determination of infringement of a protected design. Provides that protection of a design shall be lost if application for registration is not made within one year after the date on which the design is first made public. Provides procedures for application for the protection of a design. Specifies the ownership and transfer rights of designs subject to protection. Provides remedies for infringement of a registered design, including injunctive relief and damages. Allows judicial review of a final refusal of the Register of the Copyright Office to register a design. Prescribes penalties for fraudulent registration, false marking, and false representation of any design. Provides that this Act shall take effect one year after the date of enactment. States that no design made public prior to the effective date shall be protected. Provides protection of a pictorial, graphic, or sculptural work in which copyright subsists if such work is utilized in an original design of a useful article.
United States · United States Congress · 14 November 1985
Prohibits the President from relinquishing or transferring to any country any land, U.S. territory, exclusive economic zone, fishery conservation zone, or any U.S. claim to such areas unless provided for in a treaty between the United States and such country. Declares that a boundary between the United States and any other country may be established only by treaty.
United States · United States Congress · 12 November 1985
Prohibits an automobile or truck manufacturer from selling or leasing, or offering to sell or lease, any new automobile or truck in interstate commerce to any person (including an automobile dealer) during any sales period at a price which is higher than the lowest price at which any other automobile or truck of the same model, similarly equipped, is sold or leased, or offered for sale or lease, by the manufacturer during that sales period. Sets forth specified exceptions to such prohibition. Permits any person to bring an action against a manufacturer to require compliance with this Act. Declares that nothing in this Act shall repeal, modify, or otherwise affect the application of any provision of the Federal antitrust laws. Declares that no provision of this Act shall be construed to preempt or supersede any provision of State law, except to the extent that the State law is inconsistent with a provision of this Act.
United States · United States Congress · 31 October 1985
United States Trustees Act of 1985 - Title I: Amendments to Title 28 of the United States Code - Requires the Attorney General to direct United States trustees appointed to bankruptcy cases in discharging their duties. Authorizes the Attorney General to investigate the official acts, records, and accounts of such trustees. Directs the Attorney General to appoint one U.S. trustee for each of 24 bankruptcy regions constituted of specified Federal judicial districts. Reduces a U.S. trustee's term of office from seven to four years. Subjects a U.S. trustee to removal by the Attorney General without cause. Eliminates the 90-day limitation on service by an acting U.S. trustee. Permits the Attorney General to authorize a U.S. trustee designated to serve in more than one region to remain at his or her original official station. Limits the maximum annual compensation for a person appointed as standing trustee in individual debt bankruptcy cases to step 1 of grade GS-16, generally, and up to step 6 of grade GS-16 if such person has significantly decreased actual expenses resulting in a decrease of his or her percentage fee. Authorizes the use of interest earned from the deposit of payments under plans in the cases for which such person serves to pay such person's actual, necessary expenses, without limitation, if the Attorney General approves. Increases the maximum annual salary of a U.S. trustee to the rate of basic compensation for level IV of the Executive Schedule. Repeals the rulemaking authority of the Director of the Administrative Office of the United States Courts. Increases the filing fees required to commence bankruptcy cases to $100 for individual debt and liquidation cases and $500 for reorganization cases. Requires a debtor to pay $400 to convert an individual debt or liquidation case to a reorganization case. Prescribes the portions of such fees to be transmitted to the Treasury by the clerk of the court. Prescribes monthly charges to be paid as administrative expenses to U.S. trustees in reorganization cases. Directs the U.S. trustees to transmit charges received to the Treasury. Allows the Attorney General to increase such fees and charges based on the amount necessary for repayment to the Treasury of amounts appropriated for the U.S. trustee system. Title II: Amendments to Title 11 of the United States Code - Authorizes the bankruptcy court in an involuntary liquidation case to order the U.S. trustee to appoint an interim trustee. (Currently, the court makes such an appointment.) Authorizes the appropriate U.S. trustee to raise, appear, and be heard on any issue in any bankruptcy case or proceeding. Provides that the U.S. trustee for the judicial district in which a case is pending is eligible to serve as trustee in such case. Provides that the U.S. trustee qualifies whenever he or she serves in a bankruptcy case. Requires the appropriate U.S. trustee (currently, the court) to determine the amount of, and sufficiency of the surety on, a bond required to be filed by an individual in order to qualify as a trustee in a bankruptcy case. Prohibits the court from removing a U.S. trustee. Permits a U.S. trustee to remove: (1) a trustee in an individual debt or reorganization case by filing with the court a notice of the appointment of a successor trustee; and (2) a trustee or an examiner in a liquidation case after notice and a hearing, unless the court orders otherwise. Prohibits compensation for service or reimbursement of expenses of U.S. trustees or standing trustees in individual debt bankruptcy cases. Requires any compensation paid to a U.S. trustee serving as trustee in a bankruptcy case to be paid to the Treasury. Prohibits a trustee in a liquidation or reorganization case from employing a professional person who represents or is employed by a creditor, if the U.S. trustee objects. Requires the U.S. trustee to convene and preside at a meeting of creditors after an order for relief has been filed in a bankruptcy case. Permits the U.S. trustee to examine the debtor at such meeting. Authorizes the U.S. trustee (currently, the court) to order a meeting of any equity security holder. Permits a U.S. trustee to aggregate money of estates for which he or she serves as trustee for deposit or investment in order to increase earnings. Provides for the appointment of original, interim, and successor trustees for liquidation cases by U.S. trustees. (Currently, the court has such authority.) Requires a trustee in a liquidation case to file reports on the operation of a debtors' business and the administration of the debtor's estate with the appropriate U.S. trustee. Permits a creditors' committee to consult with, and make recommendations to, the U.S. trustee concerning the performance of the trustee's duties. Authorizes a court to dismiss: (1) a voluntary liquidation case if the debtor fails to file information on his or her financial affairs within 15 days after filing the petition commencing the case; and (2) a liquidation case if the debtor fails to file his or her intentions for property securing consumer debts within the prescribed period. Grants a U.S. trustee the same rights and responsibilities as a trustee in the discharge of a liquidation case. Provides for the appointment of committees of creditors and equity security holders in reorganization cases by the appropriate U.S. trustee. (Currently, the court has such authority.) Authorizes the U.S. trustee to request the appointment of a trustee or examiner and the termination of the trustee's appointment to such a case. Directs the U.S. trustee (currently, the court) to appoint any successor trustee or examiner. Permits a court to dismiss a reorganization case or to convert such a case to a liquidation case at the request of a U.S. trustee. Includes as cause for dismissal the (1) nonpayment of court fees; (2) failure of a debtor in a voluntary case to file information on his or her financial affairs within 15 days after filing the petition commencing the case; and (3) failure of a debtor to file his or her intention for property securing consumer debts within the prescribed period. Provides for the appointment of a standing trustee or the designation of a trustee in an individual debt bankruptcy case by the appropriate U.S. trustee. (Currently, the court has such authority.) Permits the U.S. trustee to serve as such trustee. Permits a court to dismiss an individual debt case or to convert such a case to a liquidation or reorganization case at the request of a U.S. trustee. Includes as a cause for dismissal the failure of a debtor to file: (1) information on his or her financial affairs within 15 days after the filing of the petition commencing the case; or (2) his or her intentions for property securing consumer debts within the prescribed period. Title III: Transition and Repealer - Repeals provisions that would repeal specified provisions providing for the appointment, compensation, staff, and termination of U.S. trustees as of September 30, 1986. Sets forth technical amendments providing for transition to the United States trustee system established by this Act. Title IV: Authorization for Appropriations for Bankruptcy Administration - Authorizes appropriations to carry out this Act. Requires the use of bankruptcy filing fees to reimburse the Treasury for such appropriations. Title V: The Rules of Bankruptcy Procedure - Provides that Part X of the Rules of Bankruptcy Procedure shall apply in any district in which a U.S. trustee is serving until such part is superseded by Rules of Bankruptcy Procedure as prescribed by the Supreme Court.
United States · United States Congress · 31 October 1985
Directs the Secretary of the Treasury to strike bronze medals commemorating the 100th Congress. Specifies the size of the medals, leaving their quantity and design to the Secretary's determination. Authorizes appropriations which are to be reimbursed out of proceeds from sales of the medals.
United States · United States Congress · 31 October 1985
Expresses the sense of the Congress that: (1) the Postmaster General should issue a stamp, before October 1, 1986, commemorating the 100th Congress; and (2) the U.S. Postal Service should conduct a public competition for the design of the stamp.
United States · United States Congress · 23 October 1985
Authorizes the President to provide military assistance to the National Union for the Total Independence of Angola (UNITA). Authorizes appropriations for such purpose for FY 1986.
United States · United States Congress · 22 October 1985
Suspends most-favored-nation treatment for Romania for six months. Directs the President, before the end of such six months, to: (1) assess the status of civil liberties and human rights in Romania; and (2) recommend to the Congress whether to extend the suspension of nondiscriminatory treatment to Romania.
United States · United States Congress · 22 October 1985
Expresses the sense of the Congress that the President should: (1) declare a national emergency with respect to acts of terrorism directed against U.S. citizens and property; (2) investigate and determine the extent of assets held in the United States by organizations responsible for such terrorism; and (3) prohibit transactions involving such assets in accordance with the International Emergency Economic Powers Act.
United States · United States Congress · 16 October 1985
Judicial Improvements Act of 1985 - Amends the judicial code to increase the amount that a judicial official has withheld from his or her salary for purposes of the Judicial Survivors' Annuities Fund. Requires funding for the fund in amounts necessary to reduce to zero the unfunded liability of such fund. Increases the amount of the annuity received by a surviving widow or widower with children. Increases the amount of the annuity received by the surviving children of a judicial official leaving no widow or widower. Revises the formula used to determine the amount of the annuity given a widow or widower of a judicial official. Makes survivors of the Deputy Director of the Administrative Office of the United States Courts eligible for annuities under such Act. Makes the benefits conferred by this Act available to any eligible individual. Permits a judicial officer who has participated in the present annuity program to withdraw, in writing, according to specified procedures. Allows such officer, if eligible, to subsequently join the judicial survivors' annuities program created by this Act. Allows a Federal district court to hear and determine cases removed from State courts even where the State court lacked original jurisdiction. Requires the Director of the Administrative Office of the United States Courts to pay all actual travel expenses for justices and judges. Requires that filing and miscellaneous fees for the U.S. District Court for the District of Columbia be collected in the same manner as other fees are collected for the other U.S. district courts. Grants the United States Courts of Appeals jurisdiction to review all rules, regulations or final orders of the Secretary of Transportation with regard to any act or transaction lawful under the Shipping Act, 1916 or any rule, regulation, or final order of the Federal Maritime Commission issued pursuant to: (1) the Shipping Act, 1916; (2) the Merchant Marine Act, 1920; (3) the Intercoastal Shipping Act, 1933; (4) the Shipping Act of 1984; and (5) the Act of November 6, 1966.
United States · United States Congress · 10 October 1985
Rules Enabling Act of 1985 - Amends the Federal judicial code with respect to the U.S. Supreme Court's power to prescribe Federal rules of civil procedure (including bankruptcy rules). Empowers the Supreme Court to prescribe rules of evidence. (Currently, it only has power to prescribe amendments to such rules which are promulgated by the Congress.) Authorizes the Judicial Conference of the United States to appoint committees comprised of judges and attorneys who will recommend the rules to be prescribed for Federal practice and procedure. Mandates the appointment of a standing committee on rules of practice and procedure to review all committee recommendations for consistency with one another. Provides for public notice of committee meetings for the transaction of business. Specifies exceptions. Requires that recommendations or prescriptions for rules of practice and procedure be accompanied by: (1) a proposed rule; (2) an explanatory note on the rule; and (3) a written explanation of the recommending body's action including minority or separate views. Requires the Supreme Court to transmit proposed rules of civil practice and procedure to the Congress by May 1 of the year in which such rules are to become effective. Sets December 1 of such year as the effective date for such rules. Requires the Conference periodically to compile rules and orders with regard to procedures dealing with judicial discipline. Requires the Conference periodically to review the procedural rules for consistency with the Conference's rules of practice and procedure. Authorizes the Conference to modify or abrogate inconsistent rules. Provides that rules prescribed by district courts for the conduct of their business must require public notice and opportunity for comment before they are made or amended. Requires each judicial council periodically to review certain district court rules for consistency with those rules prescribed by the Supreme Court. Authorizes each council to modify or abrogate any rule found to be inconsistent. Provides that all orders by the judicial councils relating to practice and procedure shall be made after public notice and an opportunity for comment. Amends the Federal criminal code to rescind the power of the Supreme Court to prescribe rules of criminal practice and procedure for: (1) trials held by magistrates; and (2) taking and hearing appeals to district court judges from magistrate-held trials. Makes technical and conforming amendments to the Revised Organic Act of the Virgin Islands and the Organic Act of Guam.
United States · United States Congress · 10 October 1985
Declares that the Congress calls upon the President to direct the Agency for International Development (AID) to work in a global effort to provide support toward achieving the goal of universal access to childhood immunization by the year 1990. Sets forth specified actions to be taken by AID, in conjunction with the World Health Organization and UNICEF, in reaching such goal. Urges the President to seek both private and public assistance in the United States to achieve universal access to childhood immunization.
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 · 7 October 1985
Recognizes the 20th anniversary of the Higher Education Act of 1965 and the important role that the legislation has played in the Nation's development. Reaffirms the historic partnership between the Federal Government and the colleges and universities toward the development of human resources required for an increasingly complex and technological society.
United States · United States Congress · 26 September 1985
National Adoption Information Clearinghouse Act of 1985 - Amends title X (Population Research and Voluntary Family Planning Programs) of the Public Health Service Act to direct the Secretary of Health and Human Services to establish a National Adoption Information Clearinghouse to: (1) collect and synthesize data and information concerning all aspects of infant adoption and adoption of children with special needs; (2) compile, maintain, and revise directories of information; and (3) disseminate information regarding adoption.
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 · 20 September 1985
Extends the sympathy of the United States to Mexico on the earthquake tragedy. Declares that: (1) the President should provide appropriate relief and rehabilitation assistance to prevent further suffering and safeguard the public health; and (2) the United States is prepared to cooperate with Mexico in long term efforts to recover from the effects of the earthquake.
United States · United States Congress · 19 September 1985
Electronic Communications Privacy Act of 1985 - Title I: Title 18 and Related Matters - Amends the Federal criminal code to extend the prohibition against the unauthorized interception of communications to specified types of electronic communications (present law prohibits only the interception of wire and oral communications). Specifies certain exceptions with respect to electronic communications. Extends such prohibitions to the communications of any provider of electronic communication services (present law extends only to communication common carriers). Prohibits the unauthorized access to an electronic communication system in order to obtain or alter information contained in such system. Imposes criminal penalties for the violation of such prohibition. Prohibits any person or entity providing an electronic communication service from knowingly divulging the contents of any communication carried on that service. Provides for specified exceptions to such requirement. Allows the Attorney General or the prosecuting attorney of any State or political subdivision to apply for disclosure of information contained in an electronic communication service. Specifies that such application shall meet the same requirements as that for an application for the interception of wire or oral communications. Allows any person whose electronic communication is intercepted, disclosed, or used to bring a civil action to recover civil damages. (Present law allows a civil action only for the interception or use of wire or oral communications.) Revises the amount of damages which may be recovered by such civil actions. Specifies a two-year statute of limitations for the commencement of such a civil action. Specifies additional crimes for which interception of wire, oral, or electronic communications can be authorized in the course of the investigation of such crimes. Sets forth additional requirements for applications, court orders, and the implementation of court orders for the interception of such communications. Requires that a court order authorizing such interception shall require that reports of specified information be made not less often than every ten days to the judge who issued such order. Title II: Pen Registers and Tracking Devices - Prohibits the installation or use of a pen register or a tracking device without first obtaining a court order pursuant to this Act or under the Foreign Intelligence Surveillance Act of 1978. Imposes criminal penalties for violations of such prohibition. Defines "pen register" as a device which identifies the numbers dialed or transmitted on the telephone line to which the device is attached. Defines a "tracking device" as an electronic or mechanical device which permits the tracking of the movement of a person or object in circumstances in which there exists a reasonable expectation of privacy. Authorizes Federal and State law enforcement officers having responsibility for ongoing criminal investigations to apply for a court order allowing the installation and use of a pen register or a tracking device. Sets forth procedures for the application for an issuance of a court order allowing the use of a pen register or tracking device. Allows the issuance of such order if, in the case of a pen register, there is reasonable cause to believe that the information likely to be obtained is relevant to a legitimate criminal investigation. Sets forth requirements for the emergency use of a pen register or tracking device without prior court authorization. Requires a communications common carrier, landlord, custodian, or other person to furnish an authorized law enforcement officer information, facilities, and technical assistance necessary to accomplish the installation and use of a pen register or tracking device if such assistance is directed by court order or an emergency installation is authorized. Requires that anyone providing such assistance shall be compensated for any reasonable expenses incurred. Requires any judge issuing or denying an order for the use of a pen register or tracking device to file a report with the Administrative Office of the United States Courts. Requires the Attorney General and the principal prosecuting attorney of a State to report annually to the Administrative Office of the United States Courts concerning the use of pen registers and tracking devices authorized for use in criminal investigations. Requires the Director of the Administrative Office of the United States Courts to report annually to the Congress concerning the use of pen registers and tracking devices. Allows any person who is harmed by a violation of this Act concerning pen registers or tracking devices to bring a civil action to recover civil damages. Specifies the type of damages which may be recovered. Specifies a two-year statute of limitations for the commencement of such a civil action.
United States · United States Congress · 19 September 1985
Federal Computer Systems Protection Act of 1985 - Amends the Federal criminal code to make it unlawful to knowingly obtain access or attempt to obtain access to a computer as part of a scheme to defraud or obtain money or property by false pretenses or to embezzle, steal, or convert the property of another if: (1) the computer is owned by, under contract to, or operated on behalf of the U.S. Government or a financial institution; or (2) if in committing or concealing the offense two or more computers are used which are located in different States or in a State and a foreign country. Makes it unlawful to knowingly and willfully without authorization damage, destroy, or attempt to damage or destroy such a computer or any computer programs or data contained in such a computer. Makes it a misdemeanor to intentionally without any authorization obtain access to such a computer. Provides that anyone who violates any provision of this Act shall forfeit to the United States any interest in any computer and computer program which has been used to commit the violation. Specifies that this Act does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a State or Federal law enforcement agency, or of an intelligence agency of the United States.
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
Methanol Energy Policy Act of 1985 - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy (the Secretary) to: (1) ensure that of the total number of passenger automobiles and light duty trucks acquired for Federal use during FY 1987 through 1990, at least 5,000 shall be methanol-powered vehicles; and (2) conduct studies related to methanol-powered vehicles in cooperation with the Administrator of the Environmental Protection Agency (the Administrator). Sets guidelines for such studies. Requires that methanol be offered for sale to the public at locations where Federal vehicles are supplied with methanol. Terminates such requirement as of September 30, 1990. Requires the Secretary to provide methanol-powered vehicles to any requesting Federal agency. Requires such agencies to cooperate with the Secretary in studies about such vehicles. Requires the Secretary to report to the Congress regarding the Federal use of methanol-powered vehicles. Exempts such vehicles from: (1) inclusion in any Fleet Average Fuel Economy calculation under specified law; and (2) any limitation on the maximum cost of individual vehicles obtained by the United States. Authorizes appropriations for FY 1987 through FY 1990. Directs the Secretary to: (1) establish a demonstration program for the operation of methanol-fueled diesel trucks on a long-haul, high density interstate truck route; and (2) report to the Congress regarding such program. Authorizes appropriations for such program for FY 1987 through FY 1990. Requires the Administrator to: (1) purchase a minimum of five methanol-powered buses during FY 1987 for use in urban settings to determine emissions and fuel economy tests; and (2) report to the Congress regarding such tests. Authorizes appropriations for FY 1987 through FY 1990. Requires any State which receives Federal mass transportation assistance after January 1, 1991, for the acquisition of motor vehicles transporting 30 or more persons in a nonattainment area to acquire methanol-powered buses with such assistance. Directs the Secretary to provide such States with supplemental grants to cover the amount by which methanol-powered buses exceed the costs of comparable diesel-powered buses. Authorizes appropriations for FY 1991 through FY 1993. Establishes the Interagency Commission on Methanol to develop and coordinate implementation of a national methanol energy policy. Requires the Commission to: (1) perform various studies with respect to the production, use, and promotion of methanol as a fuel; (2) develop a plan for the commercialization of methanol; (3) develop a public-awareness program on methanol as a transportation fuel; (4) coordinate Federal efforts with respect to methanol research and commercialization; and (5) ensure communication between Federal agencies involved in methanol demonstration projects and establish an information clearinghouse for parties working with or interested in methanol and related projects. Requires the Chairman of the Commission to establish a private sector advisory panel to inform the Commission about methanol-related matters. Sets forth reporting requirements which apply to the Commission. Terminates the Commission upon the submission of its last report. Directs the Secretary to report to the Congress regarding a study of the comparative costs of methanol based on natural gas, coal, and other resources. Sets guidelines for such study. Directs the Administrator to prepare a comprehensive air quality and health study regarding specified aspects of methanol as a transportation fuel compared to existing gasoline and diesel fuels. Authorizes appropriations for both studies. Amends the Motor Vehicle Information and Cost Savings Act to set fuel economy determinations for methanol-powered automobiles. Requires all passenger automobiles and light-duty trucks acquired by the United States after October 1, 1986, to be suitable for operation on all fuels for which Environmental Protection Agency waivers are in effect.
United States · United States Congress · 18 September 1985
Program Fraud Civil Penalties Act of 1985 - Establishes penalties and assessments to be imposed against any person who knowingly makes a false claim or statement to: (1) an authority of the United States; (2) a recipient of property, services, or money from such authority; (3) a party to a contract with such authority; or (4) any State. Declares that such penalties and assessments are in addition to criminal and civil penalties and assessments provided by other laws. Directs the investigating official of a Federal authority to investigate allegations that a person made a false claim or statement and to report findings to the reviewing official designated for that authority. Directs the reviewing official to refer such allegations to a hearing examiner for that authority upon determining there is adequate evidence to believe that the person is liable for a penalty or assessment. Requires the authority head, prior to notifying the hearing examiner, to notify the Attorney General of any intention to initiate a hearing. Allows the authority head to initiate a hearing if the Attorney General approves it or does not disapprove it within 90 days. Prohibits the referral of allegations to a hearing examiner if the Attorney General transmits a statement disapproving referral. Authorizes the Attorney General, by written statement, to stay any hearing already in progress if such hearing adversely affects a pending or potential civil action related to a fraudulent claim. Prohibits the referral of allegations to a hearing examiner when a fraudulent claim exceeds $100,000. Specifies the authority of the investigating official and the official conducting the hearing, and the procedure for judicial review of the determination reached in the hearing. Authorizes the Attorney General to commence a civil action to recover a penalty or assessment determined by such a hearing. Authorizes the authority head to settle a final penalty or assessment determined by hearing. Grants the Attorney General exclusive authority to settle a claim subject to judicial review or collection procedures. Specifies time limitations for commencing a hearing concerning a false statement or claim and for commencing an action to recover any penalty or assessment. Requires each investigating official to report annually to the authority head on actions taken under this Act during the most recent 12-month period ending September 30. Requires the transmission of such reports to the appropriate congressional committees.
United States · United States Congress · 18 September 1985
False Claims Act Amendments of 1985 - Amends the False Claims Act to increase the civil penalties for false claims. Provides that "knowing," for purposes of the prohibition concerning false claims means that the defendant: (1) had actual knowledge; or (2) had constructive knowledge, in that the defendant acted in reckless disregard of the truth. Defines "claim" to include any request or demand whether under a contract or otherwise for money or property made to a contractor or grantee if the Government provides any portion of such money or property or if the Government will reimburse such contractor or grantee for any portion of such money or property. Allows the Attorney General to apply for provisional relief to any U.S. District Court having jurisdiction whenever there is reasonable cause to believe that a false claim has been made. Revises the statute of limitations for a false claims civil action to allow such an action to be brought within three years from when the material facts became known or should have become known to the official within the Department of Justice charged with the responsibility to act in the circumstances. Establishes as the burden of proof in civil false claim cases proof by a preponderance of the evidence. Provides that a final judgment rendered in favor of the United States in any criminal proceeding charging fraud or false statements shall prohibit the defendant from denying the essential elements of the offense in any civil action concerning false claims. Allows a civil action concerning false claims to be brought in the judicial district where the defendant (or, in the case of multiple defendants, where any one defendant) is found, resides, transacts business, or where the violation allegedly occurred. Provides that the U.S. Court of Claims shall also have jurisdiction of any such action if the action is asserted by way of counterclaim by the United States. Authorizes the Attorney General to conduct False Claims Act investigations for the purpose of ascertaining whether any person has been engaged in any violations of a False Claims Act law. Provides that prior to the institution of a civil proceeding the Attorney General may require any person who may be in possession or control of any documentary material or who may have information relevant to a False Claims investigation to produce such documentary material for inspection, to answer written interrogatories, or to give oral testimony. Authorizes the Attorney General to issue in writing and cause to be served upon a person a civil investigative demand requiring the production of such information. Sets forth standards and procedures for the issuance and service of a civil investigative demand. Sets forth standards and procedures for the uses of any information obtained through a civil investigation.
United States · United States Congress · 18 September 1985
Anti-Fraud Criminal Enforcement Act of 1985 - Authorizes the Defense Contract Audit Agency of the Department of Defense to administer oaths and request by subpoena the production of all documents, reports, records, and other materials made or maintained by any contractor receiving over $100,000 in any one year pursuant to a contract or subcontract. Sets forth criminal sanctions against anyone who attempts to influence, obstruct, or impair with the intent to deceive or defraud a Federal auditor in the performance of official duties in relation to a contractor receiving $100,000 from the United States in any one year period. Provides that the plant, employees, and books of a contractor or subcontractor furnishing goods, equipment, or services to an agency of the United States shall be subject at all times to inspection, interview, and audit by such agency. Allows the Attorney General to seek injunctive relief against any person believed to be engaged in a fraud or a conspiracy to defraud the United States. Authorizes a Federal court to require a defendant, upon conviction of a fraud or a conspiracy to defraud the United States, to pay the costs of investigation and prosecution. Disallows as costs in a Government contract any costs incurred in the defense of any criminal or civil fraud investigation or litigation brought by the United States against a contractor. Provides that within three years after the expiration of the five-year statute of limitations, a prosecution for fraud or breach of fiduciary obligation may be still brought against a Government contractor within one year after the facts relating to the offense became known to, or reasonably should have been known by, the Federal public servant responsible to act in such circumstances.
![Official portrait of Rep. Moorhead, Carlos J. [R-CA-22]](https://www.congress.gov/img/member/m000926_200.jpg)