United States · United States Congress · 18 September 1985
Bribes and Gratuities Act of 1985 - Amends Federal law to allow the United States to terminate any contract, grant, or benefit of any person who has given a bribe or gratuity to an employee or official of an agency in order to obtain or influence the award of such grant, contract, or benefit. Authorizes the assessment, as exemplary damages, of an amount not less than three but not more than ten times the value of the bribe or gratuity.
United States · United States Congress · 18 September 1985
Amends the Foreign Assistance Act of 1961 to prohibit using funds authorized for international organizations and programs for the U.S. proportionate share for programs for certain communist countries. Directs the Secretary of State to: (1) review annually the budgets and accounts of all organizations receiving such funds; and (2) report to the appropriate congressional committees the amounts spent by such organizations for such communist country programs and the amount of the U.S. contribution to each such organization.
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 · 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
Amends the copyright law to redefine the local service area of a primary transmitter in the case of a low power television station for secondary transmission purposes.
United States · United States Congress · 30 July 1985
Amends the Highway Beautification Act of 1965 to declare that the effective control of outdoor advertising along the Interstate System shall be interpreted to allow signs, displays, and devices which advertise the direct sale by farmers of their farm produce, and which do not exceed 150 square feet.
United States · United States Congress · 25 July 1985
Confirms title in specified lands in California and Nevada which were transferred to such States by the Federal Government, conveyed by such States to third parties, and were determined in a border dispute resolution to be a part of a State other than the State which conveyed the title.
United States · United States Congress · 25 July 1985
Judicial Survivors' Annuities Amendments Act - 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 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.
United States · United States Congress · 18 July 1985
Amends the State Department Basic Authorities Act of 1956 to authorize regulating the activities of U.N. employees (including employees of the U.N. Secretariat) outside the United Nations Headquarters District in a manner determined to be in the best interests of the United States and pursuant to the United Nations Headquarters Agreement Act. Exempts U.S. nationals from such regulations. Requires the Secretary of State to report periodically to the Congress on plans to implement this Act.
United States · United States Congress · 16 July 1985
Criminal Justice Act Revision of 1985 - Amends the Federal criminal code to revise provisions concerning the appointment of counsel in Federal criminal proceedings. Makes the representation of material witnesses in custody a right of such witnesses instead of discretionary with the court. Authorizes the representation of financially eligible persons charged with a petty offense for which a sentence of confinement is authorized. Authorizes the Judicial Conference of the United States to set and modify the maximum hourly rates within a certain range which appointed counsel shall receive. Increases the maximum amounts appointed counsel may receive: (1) in a felony case, from $2,000 to $5,000; (2) for a misdemeanor, from $800 to $1,500; and (3) for an appeal, from $2,000 to $3,000. Provides that for any $1,500; and (3) for an appeal, from $2,000 to $3,000. Provides that for any other kind of representation authorized by this section, the compensation shall not exceed $1,000. Provides up to $300 for investigative, expert, or other services without prior authorization and for an additional amount in certain circumstances. Increases the maximum amount of compensation paid to a person for services other than for legal counsel to $1,000. Requires the Director of the Administrative Office of the United States Courts to provide liability insurance for employees of a Federal Public Defender Organization or Community Defender Organization receiving grants. Allows a Federal Public Defender, by majority vote of the court of appeals, to continue in office after the expiration of such term of office until a successor is appointed or one year after such term of office expires, whichever is earlier. Authorizes appropriations to the U.S. courts for representation plans, including funds for the continuing education of persons providing representational services. Amends the Comprehensive Crime Control Act of 1984 to make technical and conforming amendments. Authorizes Federal defenders and other attorneys appointed under the Criminal Justice Act to certify the payment of defense witnesses in Federal criminal cases.
United States · United States Congress · 16 July 1985
Designates September 2, 1985, the 40th anniversary of the surrender of Japan to the allied powers at the end of World War II, as V-J Day Commemoration Day.
United States · United States Congress · 27 June 1985
Home Audio Recording Act - Amends the copyright law to exempt from liability for infringement of copyright any individual who makes an audio recording of a musical work or sound recording solely for private household use. Requires the compulsory licensing of manufacturers and importers of audio recording devices and media. Sets forth procedures for: (1) determining royalty fees to be paid by such manufacturers and importers; and (2) distributing such fees to the owners of copyright of sound recordings included in radio or television transmissions or distributed in the form of phonorecords. Provides for the determination of royalty fees by: (1) voluntary negotiation between importers and manufacturers and representatives of copyright owners; or (2) compulsory arbitration when a voluntary agreement is not reached. Specifies criteria to be considered by an arbitration board in determining royalty fees. Authorizes the Register of Copyrights to confirm fees determined under arbitration or, under specified circumstances, to deny such fees and initiate new arbitration proceedings. Provides for the judicial review of the Register's decision.
United States · United States Congress · 26 June 1985
Expresses the sense of the House of Representatives that the President should negotiate a treaty with other democratic nations to prevent and respond to terrorist attacks. Provides that such treaty should incorporate: (1) an operative definition of terrorism; (2) integrated intelligence operations; (3) joint counterterrorist efforts; and (4) uniform laws on asylum, extradition and punishment.
United States · United States Congress · 11 June 1985
Amends the judicial code to provide that filing and miscellaneous fees for the U.S. District Court for the District of Columbia shall be collected in the same manner as other fees are collected for the other U.S. district courts.
United States · United States Congress · 6 June 1985
Antitrust Damages Clarification Act of 1985 - Provides that no damages, costs, or attorney's fees shall be awarded under an antitrust suit with respect to the establishment or use of any rate, charge, or premium filed with a State insurance department or authorized, approved, or permitted to become effective pursuant to State insurance laws. Applies this Act to pending cases.
United States · United States Congress · 6 June 1985
Urges the President to: (1) review General Agreement on Tariffs and Trade (GATT) mechanisms to determine whether U.S. participation in GATT will afford the United States relief with respect to its complaints regarding international trade; and (2) recommend to the Congress reductions in U.S. funding of GATT if GATT will not afford such relief.
United States · United States Congress · 23 May 1985
Haym Salomon Memorial Act of 1985 - Authorizes the American Jewish Patriots and Friends of Haym Salomon to place in the Capitol Building or on the Capitol Grounds a statue of Haym Salomon, a revolutionary war patriot of Polish and Jewish background. Authorizes such organization to also erect a monument to Haym Salomon on Federal land in the District of Columbia. Subjects the selected site, design, and plans for the memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission.
United States · United States Congress · 23 May 1985
Ten Percent Flat Tax Rate Act - Title I: Ten Percent Tax Rate for Individuals; Tax Simplification - Amends the Internal Revenue Code to impose a tax on every individual equal to ten percent of the taxable income for the taxable year. Repeals the alternative minimum tax. Repeals the following tax credits: (1) interest on certain mortgages; (2) foreign tax credit; (3) tax withheld on wages; (4) tax withheld at source on nonresident aliens and foreign corporations; and (5) certain uses of gasoline and special fuels. Provides that only the following provisions relating to inclusions in and exclusions from gross income will apply to individuals: (1) certain death benefits provisions; (2) interest on certain governmental obligations; (3) mortgage subsidy bond provisions; (4) compensation for injuries and sickness; (5) amounts received under accident and health plans; (6) contributions by employer to accident and health plans; (7) rental value of parsonages; (8) scholarships and fellowship grants; (9) amounts received under insurance contracts for living expenses; (10) cafeteria plans; (11) certain foster care payments; and (12) fringe benefits provisions. Expands the exclusion of scholarships from gross income. Excludes from gross income amounts received or accrued by an individual on account of temporary, permanent, or total disablement and inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment. Repeals the taxation of Social Security and tier one railroad retirement benefits. Increases the allowance for the personal exemption from $1,000 to $2,000. Provides for the indexing of the personal exemption. Permits individuals to expense depreciable property rather than taking a depreciation deduction for such property. Disallows the following deductions for individuals: (1) losses; (2) amortization of pollution control facilities; (3) circulation expenditures; (4) research and experimental expenditures; (5) soil and water conservation expenditures; (6) depreciation or amortization of improvements made by lessee on lessor's property; (7) election to expense certain depreciable property; (8) expenditures by farmers for clearing land; (9) expenditures to remove architectural and transportation barriers to the handicapped and elderly; (10) amortization of reforestation expenditures; and (11) start-up expenditures. Repeals the individual deductions for medical and dental expenses and the deduction for two-earner married couples. Provides that individuals are only permitted to use cost depletion. Prohibits the use of the foreign tax credit by individuals. Repeals the deduction for capital gains for individuals and repeals the estate and gift taxes. Title II: Tax Amnesty - Provides for a one-time amnesty from criminal and civil tax penalties for taxpayers who: (1) file a written statement with specified information concerning any underpayment of tax; (2) pay the amount of such underpayment when filing the statement; and (3) within 30 days of notification of the amount of such interest or delinquency. Permits installment payments of tax due in certain cases. Disallows an amnesty period for taxpayers against whom a tax deficiency has already been assessed, who have committed fraud in seeking amnesty, or against whom a criminal investigation is pending. Establishes a special fund in the Treasury for taxes recovered under such amnesty program. Requires that revenues from such fund be used to offset possible revenue losses, if any, resulting from title I of this Act.
United States · United States Congress · 23 May 1985
Deplores and condemns the murder of Major Arthur D. Nicholson, Jr., and calls on the Soviet Union to apologize for his murder and to indemnify his family. Calls on the President to rename Checkpoint Charlie in honor of Major Nicholson.
United States · United States Congress · 22 May 1985
Authorizes the President, on behalf of the Congress, to present gold medals to Jan Scruggs, Robert Doubek, and Jack Wheeler, in recognition of their tireless efforts to give the Vietnam Veterans Memorial to the Nation. Directs the Secretary of the Treasury to sell bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 22 May 1985
Young Astronaut Program Medal Act - Commemorates the Young Astronaut Program by directing the Secretary of the Treasury to strike and deliver to the Young Astronaut Council no more than 750,000 medals with emblems, devices, and inscriptions determined by the Secretary. Authorizes the Council to dispose of the medals at a premium and to have them delivered as required in quantities of no less than 2,000. Directs that no medals be struck after December 31, 1987. Directs the Secretary to set the price of the medals at no less than the manufacturing cost plus a surcharge of ten percent of such cost. Requires the furnishing of security sufficient to fully indemnify the United States for such costs. Directs that the medals be struck in gold, silver, and bronze and in such size or sizes as determined by the Secretary. Gives the U.S. Comptroller General the right to examine the records of the Council which are related to the medals.
United States · United States Congress · 22 May 1985
Food Are Not Drugs Act of 1985 - Amends the Federal Food, Drug, and Cosmetic Act to exclude from the definition of "drug" and of "food additive" foods for special dietary use, i.e. vitamins and minerals, where such foods are promoted or offered for sale in the diagnosis, mitigation, treatment, or prevention of disease. Provides that food shall be considered misbranded if oral representatives have been made with respect to the food which are false or misleading in any particular.
United States · United States Congress · 21 May 1985
Amends Federal law to require the Director of the Administrative Office of the United States Courts to pay all actual travel expenses for justices and judges.
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
Amends the Tariff Schedules of the United States to add Afghanistan to the list of communist countries the imports from which are subject to the column two rate of duty. Prohibits granting nondiscriminatory (most-favored-nation) treatment to the products of Afghanistan. Prohibits entering into a commercial agreement with Afghanistan pursuant to the Trade Act of 1974. Prohibits Afghanistan from participating in any program under which the United States extends credit, credit guarantees, or investment guarantees.
United States · United States Congress · 14 May 1985
Amends the Communications Act of 1934 to prohibit willful or malicious interference with the radio communications of any station licensed or authorized by such Act or operated by the U.S. Government.
United States · United States Congress · 8 May 1985
Authorizes appropriations for the Patent and Trademark Office for FY 1986 through 1988. Reduces patent fees for independent inventors, nonprofit organizations and small businesses. States that appropriations shall remain available until expended. Prohibits the Commissioner of Patents and Trademarks from increasing certain trademark and patent fees during FY 1986 through 1988 except to reflect changes in the Consumer Price Index. Prohibits the Commissioner from imposing fees for the use of public patent or trademark searching facilities. Prohibits the use of collected fees for automatic data processing resources procurement during such fiscal years. Prohibits the Commissioner from exchanging automatic data processing resources during such years.
United States · United States Congress · 7 May 1985
Declares that whether or not the position of an agency in an adjudicative proceeding was substantially justified shall be determined on the basis of the administrative record, as a whole, in the adversary adjudication for which fees and expenses are sought. Provides that the decision on the award of legal fees and other expenses by the adjudicative officer of a Federal agency that conducts an adversary proceeding shall be the final administrative decision. Bars any such decision when the Government appeals the underlying merits of an adversary adjudication until a final and unreviewable decision is rendered by the court on appeal or until the underlying merits of the case have been finally determined pursuant to the appeal. Amends the definition of a "party" which is eligible to be awarded legal expenses to exclude any individual whose net worth exceeds $2,000,000 (currently $1,000,000) and any entity whose net worth exceeds $7,000,000 (currently $5,000,000), including any local government. Redefines an "adversary adjudication" for which such expenses may be awarded to include any appeal before an agency board of contract appeals under the Contract Disputes Act of 1978. Authorizes a party or the United States, if dissatisfied with an adjudicative officer's determination of such expenses, to appeal the determination to the appropriate U.S. court within 30 days after such determination is made. Requires a court's determination on such an appeal to be based solely on the factual record made before the agency. Authorizes a court to modify the determination only if it finds that the failure to make an award of expenses or the calculation of the amount of the award was unsupported by substantial evidence. Requires agencies to pay litigation expenses to prevailing parties from funds made available to the agency by appropriation or otherwise. Defines "civil action" to include any appeal by a party other than the United States from a decision of a contracting officer on a dispute in a Federal contract. Provides that a person shall be a prevailing party in eminent domain proceedings if the person obtains a final judgment which is at least as close to the highest valuation of the property attested to at trial on behalf of the property owner as it is to the highest valuation of the property attested to at trial on behalf of the Government. Amends the Equal Access to Justice Act to provide that certain provisions of the Social Security Act limiting attorney fees in OASDI benefit actions shall not apply with respect to the award of legal expenses to the prevailing party. Repeals the termination dates of the Equal Access to Justice Act. Authorizes awards for fees and expenses incurred before October 1, 1981, in adversary adjudication commenced on or after such date.
![Official portrait of Rep. Moorhead, Carlos J. [R-CA-22]](https://www.congress.gov/img/member/m000926_200.jpg)