United States · United States Congress · 1 October 1985
Amends the Steel Import Stabilization Act to require the Secretary of Commerce to find out how many non-covered steel products were imported from each country during the four calendar quarters preceding October 1, 1984. Defines non-covered steel products as steel products exported to the United States from a country which on September 30, 1985, is not a party to a bilateral arrangement covering steel products. Directs the Secretary of the Treasury, upon request from the Secretary of Commerce, to ensure that the quarterly tonnage of each non-covered steel product imported from a foreign country does not exceed 70 percent of the average quarterly tonnage of each such non-covered steel product from that country during the four calendar quarters immediately preceding October 1, 1984. Requires the Secretary of Commerce to make such request whenever the Secretary determines that such imports from a foreign country exceed that 70 percent level.
United States · United States Congress · 26 September 1985
National Security and Trade Act - Amends the Trade Expansion Act of 1962 to provide that if the President does not act upon the recommendations of the Secretary of Commerce relating to imports that threaten national security within 90 days of receiving those recommendations, the Secretary's recommendation shall be deemed to be adopted by the President and shall have the full force and effect of law. Declares that if a petition was filed with the Secretary of Commerce before March 15, 1983, and if the Secretary submitted recommendations to the President before March 15, 1984, and the President did not act on those recommendations by September 15, 1985, the recommendations of the Secretary are deemed to be adopted by the President and have the full force and effect of law unless, by the date of enactment of this Act, the United States has negotiated an import limitation agreement with any country whose exports to the United States exceed 30 percent of the total value of imports of such items.
United States · United States Congress · 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
Superfund Expansion and Protection Act of 1985 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)(Superfund) to include among hazardous substances subject to such Act any petroleum released from an underground storage tank. Includes community relocation and business and employment protection costs within removal costs. Includes pollutants and contaminants under Superfund, defining them as any substance which after release into the environment causes disease or abnormalities upon exposure or assimilation, either directly or through the food chain. Excludes petroleum and natural gas, except as otherwise indicated under such Act. Redefines "release" to include the abandonment of containers containing hazardous substances or pollutants or contaminants. Directs the Administrator of the Environmental Protection Agency to establish reportable quantities for all noncarcinogenic hazardous substances within six months of this Act's enactment and for all other hazardous substances by October 1, 1986. Increases criminal penalties for failure to notify the Government of a hazardous substance release. Requires the Administrator to consider long-range effects when evaluating the cost-effectiveness of offsite remedial actions. Authorizes the Administrator to undertake any response action when faced with a release or threatened release of a hazardous substance unless the Administrator determines the responsible party will take appropriate action. Requires the Administrator to assess the health effects associated with such release or potential release. Directs the Administrator to publish a cleanup schedule, granting priority to releases affecting principal drinking water sources, for releases or threatened releases for which no cleanup agreement with responsible parties has been reached. Requires a State to pay at least 50 percent of the cleanup costs only if the State both owned and operated the polluting facility. Credits States with cleanup costs already dispersed as specified. Requires the Administrator to choose remedial actions which are: (1) consistent with the National Contingency Plan (NCP); (2) cost-effective; and (3) permanent whenever possible. Places facilities for which no permanent solution is technologically feasible on an interim National Priorities List (NPL), such list to be reviewed every five years to determine if a permanent solution has become feasible. Eliminates the requirement that pollutant levels be such as to protect human welfare, leaving the requirement that such levels protect human health and the environment. Requires pollutant levels to comply with the other Federal standards applicable. Specifies under what conditions removal actions must comply with the requirements of the Solid Waste Disposal Act. Entitles Federal and State environmental officials to access to the information and premises of any person who generates, treats, or disposes of hazardous substances for purposes of determining the need for a response action. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to prepare toxicological profiles on the most frequently found or threatening hazardous substances. Permits individuals to petition the Administrator for a health effects study where hazardous substances have been removed if warranted by a preliminary assessment. Entitles the public to participate in the selection of a plan for remedial action. Authorizes the Administrator to provide grants for technical assistance to groups which may be affected by a release from a facility on the NPL. Establishes a schedule for the commencement of remedial investigations and feasibility studies for all facilities on the NPL. Provides for the listing of additional facilities at regular intervals. Requires the commencement of remedial actions starting at the rate of 200 facilities per year within three years of enactment. Requires the Administrator to complete preliminary assessments of all facilities on the Emergency and Remedial Response Information System list by the start of 1987. Requires completion of remedial action for facilities currently on the NPL within five years or an explanation of nonperformance. Requires the Administrator to revise the NCP, consistent with these provisions. Permits an individual to petition the Administrator for a preliminary assessment of a release. Includes damage to the food chain and the ambient air among the factors determining a facility or site ranking under the NCP. Makes abatement action decisions nonreviewable. Prohibits subsequent storage or treatment of hazardous waste at a facility where an abatement action has been taken involving the relocation of individuals, a specified density of population, and other factors. Includes additional Federal cleanup or abatement activities for which a responsible party would be liable. Makes liability strict, joint, and several under this Act for damages and costs resulting from the release and cleanup of hazardous substances. Exempts State and local officials from liability for nonnegligent emergency response actions. Requires each Federal agency which may be a defendant under this Act to provide its own counsel rather than the Attorney General. Entitles a defendant to prove damages are divisible and to seek contribution. Sets forth authorized uses of Superfund, including emergency relief, health studies, toxicological profiles, and petition-prompted investigations. Earmarks funds for FY 1986 through 1990 for petroleum released from an underground storage tank. Requires an annual audit of the conduct of Superfund, including comparative reports of actions taken in earlier fiscal years. Establishes a statute of limitations of six years after the completion of the response action, regardless of the date of discovery of the loss. Permits a State to require contributions for response costs compensated under this Act. Requires each Federal agency and department to notify the Administrator, within six months of this Act's enactment, of any hazardous substance treated, stored, or disposed of at Federal facilities under its control. Requires such agencies and departments to make annual reports to the Administrator on all facilities not on the initial notice. Requires such initial notice to describe the location, nature, toxicity, contamination, response actions, and cleanup techniques for the hazardous substances. Directs the Administrator to establish a public Federal Agency Hazardous Waste Compliance Docket (Compliance Docket) to record each listed facility and subsequent actions taken. Requires preliminary assessment of each facility for possible evaluation under the NCP and inclusion on the NPL. Requires Federal agencies or departments responsible for facilities placed on the NPL to commence a remedial investigation and feasibility study for such facility and enter into an interagency agreement with the Administrator to conduct remedial action. Requires continuous, substantial onsite response within six months of the agreement. Requires that such agreements: (1) review alternative remedial actions and construction design selection by the Administrator; (2) schedule completion of remedial actions; and (3) arrange for long-term operation and maintenance of the facility. Requires completion of remedial actions within two years of the agreement to the extent practicable. Requires explanations of noncompletion to be included on the Compliance Docket and in the agency's or department's annual report to the Congress on its progress on reaching and implementing interagency agreements. Requires such annual report to also include cost information and public comments. Makes Federal facility cleanup actions ineligible for Superfund monies. Provides that the Administrator shall retain the authority to enforce this Act. Includes Federal facilities within CERCLA guidelines for preliminary assessments, NCP evaluations, and inclusion on the NPL. Permits the Administrator to bring an action under CERCLA against any Federal agency or department and prohibits the Attorney General from representing such agencies or departments in such actions. Authorizes a State to require a solid waste disposal facility to charge more for disposal or storage of out-of-State waste than the State of origin would have charged. Exempts response action contractors from liability for nonnegligent response activities. Permits the Administrator to enter into a consent agreement with a responsible party who will properly carryout cleanup activities. Authorizes $250,000,000 for each of FY 1986 through 1990 plus additional amounts as specified for the Hazardous Substance Response Trust Fund (Superfund). Title II: Miscellaneous Provisions - Permits citizen action lawsuits against any party, including the Government, involved with hazardous substances in such a way as may present an imminent and substantial danger to health or the environment or against the Administrator for failure to perform a required duty. Requires potential plaintiffs to give 60 days notice to the appropriate Federal and State officials as well as the alleged violator before commencing an action. Prohibits such action if the Administrator or the State has commenced and is prosecuting a court action already or a settlement has been reached. Permits intervention, as a matter of right. Prohibits citizen actions for the siting or issuance of permit to a hazardous waste disposal facility. Authorizes the Federal district court to award costs to any substantially prevailing party. Permits Federal intervention as a matter of right. Requires the Department of Transportation to promulgate regulations requiring shippers to notify transporters whenever hazardous substances are offered for transportation. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored. Title III: Community Right to Know and Emergency Planning - Amends the Toxic Substances Control Act by adding a new title II concerning communities' right-to-know and emergency planning. Requires each covered manufacturer or processor of a covered hazardous substance (potential release) to prepare and update a fact sheet for such substance for distribution to local police, fire, and health officials. Requires the fact sheet to include the name, physical properties of, and hazards posed by the substance, including potential routes of human exposure to such substance, symptoms of such exposure, and appropriate emergency and first aid procedures. Requires status sheets on the same basis as fact sheets, with each status sheet to include the maximum inventory and method of storage of the substance, the quantity of its emission into the environment, and the quantity and method for disposal. Requires the Administrator to establish a toll-free hotline for such information. Requires the releaser of a covered hazardous substance in an emergency situation to provide an emergency bulletin to the State and local police and other local officials. Requires the bulletin to identify the name and amount of the substance released and the response actions taken. Requires fact and status sheets and emergency bulletins to be made available for public inspection with public notice of such availability at the facility of the potential releaser. Requires the Administrator to publish a uniform format for fact and status sheets. Authorizes a State's governor to identify local officials to receive covered hazardous substance release information, with the Administrator doing so in the absence of the Governor's identification. Requires the potential releasers to maintain records of information required by this Act. Requires manufacturers or processors to transmit fact sheets to covered distributors or users upon shipping of a covered hazardous substance. Provides protection for trade secrets while continuing to make necessary information available to the appropriate persons. Excludes listed or possible carcinogens from such protection. Sets forth application and substantiation procedures for trade secret claims. Permits affected citizens or government officials to compel disclosure of nonsubstantiated trade secrets through the Federal courts. Authorizes the Administrator to grant exemptions from the basic notification requirements of this Act through specified procedures open to the public, based upon a cost-benefits analysis where there is no reasonable likelihood of harm. Directs each covered major manufacturer to develop within two years of enactment of this Act a comprehensive evacuation and emergency response plan which addresses the health and safety issues applicable to such manufacturer's particular situation. Requires the plan to include designations of the appropriate government officials to be notified, mitigation measures, evacuation routes, notification plans, and evaluation of community support services. Authorizes each governor to designate emergency response districts within 18 months of enactment of this Act or the Administrator will do so. Permits each governor to appoint an Emergency Response Committee per district or the Administrator will be treated as such Committee. Requires such Committees to review the manufacturers' plans, revising them where necessary. Directs the Administrator, within 18 months of enactment of this Act, to develop uniform national mandatory labeling requirements for pipes, storage tanks, or containers for any covered hazardous substance not otherwise required to be labeled. Requires the label to indicate the appropriate response to a release. Sets forth categories of substances to be considered covered hazardous substances and procedures for adding additional substances. Directs the Administrator of the Agency for Toxic Substances and Disease Registry to compile and update a digest of all such substances. Exempts certain substances for this Act's purposes, based upon the form, amount, and other regulation of such substances. Establishes civil and criminal penalties, limiting criminal penalties to the knowing violation of emergency requirements. Authorizes citizens' suits to enforce this Act. Permits States to adopt more stringent right-to-know standards. Title IV: Internal Revenue Code Provisions - Amends the Internal Revenue Code to increase and extend through FY 1990 the environmental excise taxes sufficient to reach $1,770,000,000 per year. Title V: Federal Cause of Action - Entitles individuals injured by the disposal of a hazardous substance to recover damages from the responsible parties who will be held strictly, jointly, and severally liable. Entitles such individuals to compensation for expenses related to personal injury, economic injury, and limited pain and suffering. States that this Federal cause of action does not preempt State law regarding liability for damages in connection with any hazardous substance. Establishes a three year statute of limitations, running from the date of knowledge of the injury or the date of enactment of this Act. Prohibits dual recovery through workers' compensation or actions filed in a State court and this Act. Permits additional recovery against the source of the disposal for later manifested injuries.
United States · United States Congress · 11 September 1985
Expresses the sense of the House of Representatives that the President should consider the appointment of individuals with experience in the small business and agricultural sectors when filling vacancies on the Board of Governors of the Federal Reserve System.
United States · United States Congress · 18 July 1985
Authorizes the President, on behalf of the Congress, to present a gold medal to Aaron Copland in recognition of his contributions to American musical composition. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 18 July 1985
Trade Emergency and Export Promotion Act - Declares that actions by the President, the International Trade Commission (ITC), the Secretary of the Treasury, the Secretary of Agriculture, and the U.S. Trade Representative (USTR) pursuant to this Act shall not be reviewable by any court, except for abuse of discretion. Title I: International Trade Actions and Agreements - Declares that a national emergency exists because of distortions and imbalances in trade and instability in exchange rates and that such emergency requires extraordinary measures, including action to: (1) restore the value of the dollar; and (2) either eliminate foreign unfair trade barriers or prohibit countries which employ such barriers from enjoying trade surpluses with the United States or increasing shares of world export markets. Authorizes the President to negotiate and enter into with any foreign country or entity agreements limiting the export from such country or entity, and the importation into the United States, of any article. Directs the USTR to initiate proceedings against Japan before appropriate international bodies in order to obtain authorization to take trade actions against Japan on the grounds that: (1) Japan has failed to comply with trade agreements entered into with the United States; and (2) Japan has adopted numerous domestic policies and practices that impair and violate such trade agreements and impede achievement of their objectives. Directs the USTR, with the cooperation of the Secretary of Agriculture, to initiate actions under all international trade agreements to which the United States is a party in order to take appropriate countermeasures against agricultural export subsidies provided by the European Communities and other countries which will be used to prevent: (1) injury to U.S. agricultural producers; (2) nullification or impairment of such trade agreements; and (3) serious prejudice to the United States. Authorizes the USTR to initiate actions against each foreign country (except Japan and the European Communities) or entity that was an excess worldwide trade surplus country or an excess bilateral trade surplus country for 1984 under all applicable U.S. laws and international agreements in order to: (1) enforce the rights of the United States under such international agreements; and (2) obtain the elimination of certain trade acts, policies, and practices of such countries or entities. Directs the USTR to explain in proceedings initiated under this title that the United States finds it necessary to take the actions provided in title II of this Act as interim measures pending the outcome of such proceedings in order to protect vital U.S. interests. Directs the Secretary of the Treasury to develop a plan to reduce fluctuations between currencies on foreign currency exchange markets. Sets forth characteristics of such plan. Title II: Interim Domestic Trade Actions to Respond to the Trade Emergency - Subtitle A: Stand-by Duties - Directs the ITC to determine annually each major exporting country's: (1) worldwide nonpetroleum export percentage; (2) bilateral nonpetroleum export percentage; (3) worldwide nonpetroleum trade surplus; (4) bilateral nonpetroleum trade surplus; (5) worldwide trade surplus limitation; and (6) bilateral trade surplus limitation. Requires the ITC to report annually to the President on: (1) the determinations on the trade of such major exporting countries; (2) the identity of each foreign country which was an excess worldwide trade surplus country or excess bilateral trade surplus country during the preceding year; and (3) whether or not standby duties should be imposed on imports from such countries. Requires the President, within 15 days of receiving such report to determine, with respect to each country identified as an excess worldwide trade surplus country or excess bilateral trade surplus country: (1) whether such country unfairly restricts or limits the access of imports to its markets; and (2) if the President determines that such country does restrict access to its markets, whether such restriction contributes to that country's trade surplus. Requires the President, if both such determinations are positive, to impose stand-by duties on all imports from such countries. Prohibits making such determinations or imposing such duties if the U.S. trade deficit divided by the U.S. gross national product is less than one and one-half percent. Requires the President to report to the Congress, within 15 days of receiving the reports on worldwide and bilateral trade, on the determinations made with respect to imposing stand-by duties. Declares that the rate of a stand-by duty shall be 25 percent ad valorem and that such duty shall be in addition to any other duties. Provides for the implementation of such duties. Requires all revenues from such stand-by duties to be allocated to the Public Debt Reduction Account in the Treasury. Expresses the sense of the Congress that all funds in such Account be used only to reduce the Federal debt. Directs the Secretary of the Treasury to report annually to the Congress on the revenue derived from such stand-by duties. Prohibits imposing stand-by duties on articles imported after April 30, 1992. Prohibits requiring reports and determinations on trade surpluses after April 1991. Subtitle B: Reports - Directs the President to report annually to specified congressional committees on the operation of this Act. Title III: Trade Law Reform - Amends the Trade Act of 1974 to transfer to the USTR from the President the authority to order import relief and the authority to extend tariff preferences. Amends the Tariff Act of 1930 to transfer to the USTR from the President the authority to approve or disapprove ITC actions to prevent unfair practices in import trade.
United States · United States Congress · 18 July 1985
American Passbook Savings Act of 1985 - Amends the Internal Revenue Code to exclude from gross income up to $5,000 ($10,000 in the case of a joint return) of interest earned on a savings account maintained in a bank, savings and loan, or similar institution.
United States · United States Congress · 11 July 1985
Expresses the sense of the House of Representatives that the: (1) local field office structure of the Social Security Administration should be maintained, strengthened, and fully staffed; and (2) proper amount of administrative costs of such offices should approximate 1.5 percent of the costs of the social security benefit programs serviced by such offices.
United States · United States Congress · 26 June 1985
Amends the Federal Aviation Act of 1958 to prohibit the purchase, lease, or acquisition of control in any manner of a substantial portion of an air carrier by the following persons: (1) any air carrier which is a debtor; (2) any person who is a debtor and controls an air carrier; (3) any person controlling an air carrier which is a debtor; or (4) any person who is a debtor and is substantially engaged in the business of aeronautics.
United States · United States Congress · 19 June 1985
Comprehensive Trade Law Reform Act of 1985 - Title I: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to add requirements for a country to be considered a "country under the Agreement" (the Agreement on Subsidies and Countervailing Measures) for purposes of the countervailing duty provisions of such Act. Requires such a country to have made a commitment under the General Agreement on Tariffs and Trade (GATT) to: (1) eliminate its export subsidies within one year (five for least developed countries); (2) not increase, extend, or add export subsidies; and (3) eliminate immediately export subsidies on those products in which such country is competitive. Requires the International Trade Commission (ITC), upon request, to investigate whether the merchandise is already competitive in the U.S. market and whether the merchandise would be competitive in the absence of export subsidies. Directs the administering authority to review the status of, and compliance with, specified trade agreements at least once during each 12 month period. Directs the administering authority to publish such determinations. Imposes penalties for failure of a foreign country to honor any term of such agreements, including withdrawing designation of a country as a "country under the Agreement," suspension of liquidation of imports, and initiation of a countervailing duty investigation. Directs the administering authority, if there is an affirmative determination, based upon allegations in a petition for relief of the existence of a subsidy which requires the imposition of a countervailing duty and the petition alleges that the subsidy is inconsistent with the Agreement or if the administering authority initiates a countervailing duty investigation and the administering authority has reason to believe that a subsidy is inconsistent with the Agreement, to: (1) notify the U.S. Customs Service and direct customs officials to collect and forward to the administering authority information on the imports of the merchandise which is the subject of the investigation; (2) order the suspension of liquidation of all entries of such merchandise; and (3) begin monitoring the volume of imports of such merchandise to determine whether the volume of such imports has significantly increased. Prohibits making any determination on whether the volume of such imports has significantly increased until 60 days after the date the investigation began. Terminates any suspension of liquidation of such imports if the administering authority makes a preliminary determination that a subsidy does not exist. Directs the administering authority to order the posting of security for, and the application of a suspension of liquidation of, unliquidated imports which were imported 90 days before the date on which the preliminary determination is published if there is a determination that the volume of imports has surged, the alleged subsidy is inconsistent with the Agreement, and there have been massive imports of the merchandise subject to the countervailing duty investigation in a relatively short period. Directs the administering authority to terminate any suspension of liquidation of imports and to release any posted security requirement if a countervailing duty investigation is terminated. Requires the final determination of the administering authority in a countervailing duty investigation, if there is a final determination that a subsidy exists and if there is a finding that the volume of the investigated imports has increased significantly, to contain a finding on whether the alleged subsidy is inconsistent with the Agreement and whether there have been massive imports of the merchandise being investigated over a relatively short period of time. (Such finding is a finding of critical circumstances.) Requires the final determination of the ITC, if such determination is that there is no material injury but that there is a threat of material injury, to include a finding as to whether material injury by reason of subsidized imports would have been found but for any suspension of liquidation of such imports. (Deletes the provision requiring the ITC to include in its final determination findings as to whether there is material injury which will be difficult to repair and whether the material injury was caused by massive imports of subsidized merchandise over a relatively short period of time.) Requires the administering authority, if the administering authority makes a final determination that critical circumstances do not exist or if the ITC determines that there is no material injury but that there is a threat of material injury or that the establishment of a U.S. industry is materially retarded, to: (1) terminate any suspension of liquidation of imports ordered under a countervailing duty investigation; and (2) release any security and refund any cash deposit required with respect to such imports. Permits determinations of whether critical circumstances exist with respect to imports of articles that are not duty-free. Directs the administering authority, if the preliminary determination in an antidumping investigation is affirmative or if the investigation is initiated by the administering authority, to: (1) notify the U.S. Customs Service of such determination and direct customs officers to collect and forward information on the volume and value of imports of the merchandise subject to such investigation; and (2) begin monitoring the volume of such imports to determine whether the volume of such imports has significantly increased. Requires the administering authority to publish notice of a determination that the volume of such imports has significantly increased. Prohibits making such a determination until 60 days after the antidumping investigation has begun. Directs the administering authority to order the suspension of liquidation of all imports of the articles subject to the antidumping investigation 70 days after the date the investigation has begun. Terminates such suspension of liquidation if the preliminary determination under waiver of verification is negative. Directs the administering authority to determine whether critical circumstances exist if the administering authority determines that the volume of imports of the articles under investigation for dumping has significantly increased. (Current law requires the administering authority to determine whether critical circumstances exist if the petitioner alleges critical circumstances.) Requires the administering authority, if it determines that critical circumstances exist, to order the posting of security for, and require any suspension of liquidation to apply to, unliquidated entries of merchandise imported on or after the date that is 90 days before the date on which the affirmative preliminary determination is published. Terminates any suspension of liquidation of imports and releases any posted security if an antidumping investigation is terminated. Requires the final determination of the administering authority in an antidumping investigation, if it finds that the merchandise subject to the investigation is being, or is likely to be, sold in the United States at less than fair value and the administering authority has found that the volume of imports of such merchandise has increased significantly, to contain a finding as to whether: (1) either there is a history of dumping in the United States or elsewhere of such merchandise that the importer knew or should have known that the exporter was selling such merchandise at less than its fair value; and (2) there have been massive imports of such merchandise over a relatively short period. (Current law requires such a finding to be included in the final determination if such critical circumstances have been alleged in the petition for relief.) Requires the final determination of the ITC, if such determination is that there is no material injury but that there is a threat of material injury, to include a finding as to whether material injury by reason of dumped imports would have been found but for any suspension of liquidation of such imports. Requires the administering authority, if the administering authority makes a specified final determination or the ITC determines that there is no material injury but that there is a threat of material injury or that the establishment of a U.S. industry is materially retarded, to: (1) terminate any suspension of liquidation of imports of such merchandise; and (2) release any security and refund any cash deposit required with respect to such imports. Declares that if the ITC has made an affirmative preliminary or final determination that countervailing or antidumping duties should be imposed with respect to merchandise that is the subject of a countervailing or antidumping duty investigation during the one-year period ending on the date on which such investigation is begun: (1) the ITC shall not be required to make another preliminary determination of injury; and (2) the preliminary determination of relief shall be applied without regard for the requirement that an affirmative injury determination be obtained. Authorizes the administering authority to suspend a countervailing duty investigation if the government of the country in which the subsidy practice is alleged to occur agrees, or exporters who account for substantially all of the imports of the merchandise agree, to: (1) eliminate the subsidy completely within six months; or (2) cease exports of such merchandise to the United States within six months. Deletes the provision authorizing suspension of such investigation if the subsidizing country agrees to offset the amount of the subsidy. Adds new conditions for the waiver of deposit of estimated antidumping duties. Authorizes such waiver if in addition to the current requirements: (1) the investigation has not been designated as extraordinarily complicated; (2) the final determination has not been postponed; (3) credible evidence is presented that the amount by which the foreign market value of the merchandise exceeds the U.S. price is significantly less than the amount of such excess specified in the antidumping duty order; and (4) the data concerning the foreign market value and the U.S. price apply to sales in the usual commercial quantities and in the ordinary course of trade and the number of such sales are sufficient to form an adequate basis for comparison. Requires the administering authority, before determining to allow such waiver, to: (1) make all confidential information supplied to the administering authority available under a protective order to all interested parties; and (2) afford all interested parties an opportunity to comment on whether the waiver should be permitted. Amends the definition of "subsidy" for purposes of the countervailing duty provisions to include the provision of capital, loans, loan guarantees, goods, or services at preferential rates or on terms inconsistent with commercial considerations. Amends the definition of "interested party" to include a U.S. manufacturer, producer, or wholesaler, or a union, trade or business association, or another association which represents manufacturers, producers or wholesalers of a like product of major parts, materials, components, or assemblies or subassemblies which are irrevocably destined for incorporation into the like product. Defines "diversionary dumping" as the purchase by a manufacturer or producer of any material or component at less than the foreign market value of such material or component which is incorporated into the merchandise under investigation and which has been the subject of a previous antidumping investigation. Sets forth the method of determining the adjustment amounts for determining foreign market value, sales at less than the cost of production, and the constructed value of components and materials. Includes subsidies provided under the authority of a statute, regulation, policy, or practice of a customs union within the definition of upstream subsidies. Creates a presumption of competitive benefit if: (1) a countervailing duty order is in effect with respect to an input product or an input product is subject to an import restriction agreement; (2) a subsidy continues to be paid on such input product after the countervailing duty order was issued or after the agreement took effect; and (3) the administering authority determines that an increase in imports of merchandise under a countervaling duty investigation has occurred. Requires (currently authorizes) the administering authority and the ITC to make confidential information submitted to an antidumping or countervailing duty investigation available upon receipt of a request which describes in general terms (currently with particularity) the type of information sought and the reasons for the request, unless the person who submitted such information establishes that substantial harm to the business operations of such person would result from such disclosure. Sets forth additional limits on disclosure of such information, including a time limit on making the determination of whether to disclose information. Title II: Relief from Injury Caused by Import Competition - Transfers from the President to the Administering Authority the authority to take certain actions following import relief investigations by the ITC. Authorizes a petition for import relief to include within its statement of reasons for requesting import relief the desire to facilitate the orderly transfer of resources to enhance competitiveness. Changes the scope of the ITC's import relief investigation to include determining whether an article is being imported into the United States in such increased quantities as to be a cause (currently substantial cause) of serious injury or threat of serious injury to any domestic industry that produces an article like or directly competitive with the imported article or that produces materials, parts, components, or subassemblies irrevocably destined for incorporation in an article like or directly competitive with the imported article. Changes one of the factors that must be considered in making such determination with respect to serious injury in order to cover the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. (Current law refers to the inability of firms to operate at a reasonable profit.) Changes the factors that must be considered in making such determination with respect to the threat of serious injury in order to cover: (1) a decline in sales or market share in the domestic industry; (2) a higher and growing inventory in the domestic industry; (3) a downward trend in production, profits, wages, or employment (or increasing underemployment) in the domestic industry; (4) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any class or kind of merchandise and that causes or threatens to cause serious injury to the domestic industry; (5) the extent to which the U.S. market is the focal point for diversion of exports of the article concerned because of restraints on exports of such article to, or imports of such articles into, third country markets; (6) in the case of an industry that has developed an industry assessment and competitiveness strategy, the inability of producers in the domestic industry to generate adequate capital to finance the modernization of plant and equipment or to otherwise enhance competitiveness. Requires (currently authorizes) the ITC to make certain determinations with respect to determining the domestic industry producing an article like or directly competitive with an imported article. Defines "cause" for purposes of determining whether imports are a cause of injury to mean a cause which is important. Declares that a cause may be important even though other causes are of equal or greater importance. Requires the ITC, if it finds that serious injury or the threat of serious injury exists for a domestic industry, to: (1) find the amount of the increase in, or imposition of, any duty or import restriction necessary to prevent or remedy such injury; and (currently or) (2) if it determines that adjustment assistance can assist in remedying such injury, recommend the provision of such assistance. Directs the Administering Authority, if during an important relief investigation it finds that critical circumstances exist, to impose provisional measures (increase in tariff, tariff-rate quotas, quantitative restrictions, orderly marketing agreements or a combination of such actions). Requires such measures to remain in effect until the later of the date: (1) on which the President revokes such measures; (2) on which the ITC makes a negative determination of injury; or (3) which is 60 days after the date on which the ITC makes an affirmative determination of injury. Declares that critical circumstances exist if a significant increase in imports over a short time has led to circumstances in which delay in relief would cause damage that would be difficult to repair. Requires the ITC, if it finds that serious injury has resulted from imports, to determine: (1) whether trade in the article concerned has been affected by coordinated government actions that are bestowed on a specific enterprise, industry, or group and that assist the beneficiary in becoming more competitive in exporting a class or kind of merchandise; and (2) the extent to which the U.S. market is the focal point for diversion of exports of such article because of restraints on exports of such article to, or on imports of such article into, third country markets. Directs the Administering Authority, if it determines to provide import relief and the ITC has found that trade in the article has been affected by such coordinated government actions, to consult and negotiate with other countries that produce or consume such article to seek the establishment of a multilateral framework to maintain and develop fair, equitable, and nondisruptive patterns of trade in such article. Directs the Administering Authority, after the ITC begins an import relief investigation based on a petition, to establish, upon request, an industry advisory group. Requires such advisory group to prepare for the industry concerned an assessment of current problems and a strategy to enhance competitiveness. Directs the Administering Authority to try to obtain, on a confidential basis, information from the individual members of such advisory group on: (1) how such members intend to act upon the recommendations in such assessment and strategy; and (2) any other actions such members intend to take which will foster the objectives of the strategy. Requires the Administering Authority, the ITC, the Secretary of Labor, and the Secretary of Commerce to consider such assessment and strategy in making any import relief determination or taking any import relief actions. Requires the Administering Authority, if it determines to provide import relief and if an industry assessment and competitiveness strategy was submitted to the Administering Authority, to publish notice of the availability of, and a summary of, such assessment and strategy. Requires a review committee, if such summary is published, to: (1) monitor actions taken by the petitioners to improve the competitive position of the industry; (2) make recommendations for administrative action; and (3) submit recommended legislation to the Congress. Requires the review committee to consult with the advisory group members if the review committee determines that the firms or workers are not implementing or are implementing unsatisfactorily: (1) the recommended objectives and actions in the industry assessment and competitiveness strategy; or (2) the actions declared in the confidential information obtained by the advisory group. Requires the Administering Authority to request the ITC to issue a report on the probable economic effect on the industry of import relief if, after consultations with the advisory group members, the review committee determines that the failure to implement or failure to implement satisfactorily such actions is not justified by changed circumstances and has adversely affected overall implementation of the objectives of the industry assessment and competitiveness strategy. Requires the Administering Authority, if it decides to provide import relief, to consult with petitioners and representatives of workers and firms in the affected industry on the advisability and desirability of taking appropriate action under countervailing or antidumping duty provisions of the Tariff Act of 1930 or under title III of the Trade Act of 1974 if the Administering Authority has reason to believe that a foreign government or firm is engaged in any action or practice for which such relief is available. Title III: Relief from Injurious Industrial Targeting and Unfair Trade Practices - Provides that injurious industrial targeting may trigger import relief actions. Defines injurious industrial targeting to mean any combination of coordinated government actions: (1) which are bestowed on a specific enterprise, industry, or group thereof; (2) which assist such enterprise, industry, or group to become more competitive in the export of any class or kind of merchandise; and (3) which cause or threaten to cause material injury. Transfers from the President to the Administering Authority the authority to take certain actions to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Authorizes the Administering Authority to: (1) suspend, withdraw, or prevent application of the benefit of trade agreement concessions with the foreign country or instrumentality involved; (2) direct customs officers to assess duties or impose other import restrictions on the products of such country or instrumentality or to assess fees or impose restrictions on the services of such country or instrumentality for such time in such amount, and to such degree as the Administering Authority deems appropriate; (3) negotiate agreements to offset the burden or restrictions on U.S. commerce; (4) submit proposed administrative actions and legislation to implement any other government action which would restore or improve the international competitive position of the injured or threatened industry; (5) recommend to the President action respecting service sector authorization; or (6) any combination of such actions. Transfers to the Administering Authority from the President the authority to impose certain limits on service sector access authorizations (authorizations that permit a foreign supplier of services access to the U.S. market). Deletes the provision authorizing the President to take action to enforce U.S. trade rights even though no petition for relief has been filed. Directs the Administering Authority to consult with representatives of domestic firms and workers that may be affected by any import relief investigation which is initiated by petition filed with the Administering Authority regarding any determination which is required to be made by the Administering Authority. Directs the Administering Authority, upon written request, to make confidential business information obtained by it in connection with an import relief investigation available under a protective order. Prohibits release of information classified for national security reasons. Requires the Administering Authority to act upon requests for such information within ten days of the request. Requires the Administering Authority, in conducting an import relief investigation initiated by petition to the Administering Authority, to present detailed questionnaires to the foreign government or enterprise involved in order to obtain information concerning the allegations in the petition. Directs the Administering Authority to verify any such information which the Administering Authority relied upon in making any determinations. Provides for relying on the best information available, which may be the information contained in the petition, if the foreign government fails to provide information or provides insufficient or unsatisfactory information. Requires the Administering Authority to make a preliminary determination within five months of the start of such an import relief investigation on whether there is reason to believe that import relief is warranted. Authorizes the Administering Authority to take certain actions based on the preliminary finding. Requires the final determination to be made within 11 months of the start of the investigation. Requires the Administering Authority to determine what actions to take if the final determination is that import relief is warranted, except that specific actions are required if injurious industrial targeting is found to exist. Requires the Administering Authority to consult with the petitioner and representatives of the affected domestic firms and workers if the final determination is affirmative. Requires the Administering Authority to report to the Congress if the final determination is affirmative and the Administering Authority declines to take any action. Terminates any preliminary import relief if the final determination is negative. Requires publication in the Federal Register of such preliminary and final determinations. Requires the Administering Authority, if it makes a preliminary finding that injurious industrial targeting exists, to: (1) establish an advisory committee; and (2) formulate, in consultation with such advisory committee, proposals which would restore or improve the competitive position of affected domestic industries. Requires the Administering Authority to notify the ITC when it initiates an investigation of injurious industrial targeting. Requires the ITC to make a preliminary determination within 60 days of receiving such notice of whether there is a reasonable indication that because of sales or likely sales of the merchandise which is the subject of the investigation: (1) an industry in the United States is materially injured or is threatened with material injury; or (2) the establishment or growth of an industry in the United States is materially retarded. Requires the ITC to make a final determination of whether such circumstances exist by: (1) 45 days after the affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is affirmative; or (2) 75 days after an affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is negative. Makes the ITC's determination subject to review by the U.S. Court of International Trade if such determination was made under the countervailing or antidumping duty provisions of the Tariff Act of 1930. Defines material injury and threat of material injury. Requires the Administering Authority, pending conclusion of the investigation, to take at least one of several provisional actions in order to prevent further injury or threat of injury from injurious industrial targeting. Requires the Administering Authority, after a final determination of injury has been made, to take at least one of several actions to fully offset the material injury or threat of material injury from injurious industrial targeting. Directs the Administering Authority to submit to the President any proposed administrative action and any proposed legislation to restore or improve the competitive position of the injured industry if the preliminary and final determinations are that injurious industrial targeting has occurred. Provides for expedited consideration of such legislation. Requires the Administering Authority to report to the Congress on the actions the Administering Authority will take to offset the material injury or threat of material injury from the injurious industrial targeting. Authorizes the Administering Authority to enter into a settlement agreement with the foreign country or entity involved in lieu of taking other actions if: (1) such agreement completely eliminates the material injury or threat of material injury from the injurious industrial targeting; and (2) such agreement is approved by the petitioner if the investigation began because of a petition. Authorizes the Administering Authority to take actions to compensate a foreign country or entity if the contracting parties to the General Agreement Tariffs and Trade (GATT) disapprove of actions taken in response to injurious industrial targeting. Directs the Administering Authority to consult with the petitioner and the representatives of affected domestic firms and workers if, in the course of an investigation, the Administering Authority has reason to believe that a foreign government engaged in dumping or other actions for which relief is available under specified provisions of the Tariff Act of 1930. Title IV: Negotiating Objectives - Declares that the principal U.S. negotiating objectives shall be to: (1) obtain and preserve maximum access to international markets for U.S. manufactured products; (2) obtain the elimination of foreign barriers to market access; (3) obtain internationally accepted rules to evaluate and respond to the maintenance and operation of government-controlled enterprises that engage in international trade; and (4) establish procedures governing such enterprises.
United States · United States Congress · 17 June 1985
Older Americans Food Stamp Reform Act of 1985 - Amends the Food Stamp Act of 1977 to permit elderly or disabled food stamp recipients to use food stamps at restaurants (currently limited to private establishments that contract with the State agency and provide concession-price meals). Permits recipients who are unable to purchase and prepare their own meals to be considered as a separate household regardless of the income level of the caretaker family. Allows an elderly or disabled recipient to deduct as a medical expense the excess costs of a physician-advised special diet. Makes supplemental security income and aid to families with dependent children recipients categorically eligible for food stamps. Makes the monthly medical expense threshold the lesser of $35 or five percent of gross income (currently $35 a month). Raises financial resource ceilings from: (1) $1500 to $2250 for nonelderly households; and (2) $3000 to $3500 for elderly households. Authorizes recipients to maintain separate burial funds of up to $1500. Requires (50 percent reimbursed) outreach programs for the elderly and disabled. Provides for food stamp program and application information to be available at Social Security Administration offices.
United States · United States Congress · 12 June 1985
Great Lakes Management and Research Act of 1985 - Establishes within the Environmental Protection Agency (EPA) the Great Lakes National Program Office (Program Office), to be headed by a Director. Lists as responsibilities of the Program Office, the following: (1) developing and implementing specific plans under the Great Lakes Water Quality Agreement of 1978; (2) establishing a systemwide surveillance network to monitor the water quality of the Great Lakes; (3) serving as liaison with, and providing information to, the Canadian members of the International Joint Commission and the Canadian counterpart to the EPA; (4) identifying and conducting an inventory of all Federal, State, tribal, and international agencies with environmental management responsibilities for the Great Lakes; (5) identifying judicial overlap and existing management plans relating to the Great Lakes; (6) entering into agreements with States delineating respective duties; (7) developing a program for reducing the amount of nutrients introduced into the Great Lakes; and (8) carrying out a five-year study and demonstration projects relating to the control and removal of toxic pollutants in the Great Lakes. Directs the Administrator to: (1) include a funding request for the Program Office as a separate budget line item; and (2) submit an annual report to the Congress. Requires the Program Office to be located in a Great Lakes State. Establishes within the National Oceanic and Atmospheric Administration the Great Lakes Research Office (Research Office). Lists as responsibilities of the Research Office, the following: (1) identifying lead agencies with primary responsibility for each issue relating to the Great Lakes resources; (2) identifying Federal, State, and tribal environmental research programs relating to the Great Lakes; (3) establishing a Great Lakes research exchange; (4) developing an environmental data base for the Great Lakes System; and (5) conducting research and monitoring activities which address priority issues relating to the Great Lakes. Requires the Research Office to be located in a Great Lakes State. Provides for the coordination of certain activities between the Program Office and the Research Office. Directs the head of each department or agency of the Federal Government which is in any way connected with the enhancement of the Great Lakes to: (1) cooperate with the Program Office and Research Office; (2) make available such personnel, services, or facilities as may be necessary to achieve the purposes of this Act; and (3) furnish, upon written request, any data or information deemed necessary to fulfill such purposes. Directs the Chief of Engineers of the Army, the Chief of the Soil Conservation Service, the Commandant of the Coast Guard, the Director of the Fish and Wildlife Service, and the Administrator of NOAA to submit annual reports to the Administrator of the EPA regarding issues for which they have been identified as lead agencies. States that this Act does not affect the jurisdiction or powers of any Federal or State department or agency or of any Indian tribe or international body created by treaty with authority relating to the Great Lakes. Authorizes appropriations for FY 1987 through 1991.
United States · United States Congress · 4 June 1985
Improved Standards for Laboratory Animals Act - Amends the Animal Welfare Act to revise the humane standards for animals transported in commerce. Requires the Secretary of Agriculture to promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and exhibitors. Requires each research facility to establish an institutional animal study committee with sufficient expertise to assess the appropriateness of animal care and treatment in experimental research. Requires the committee at each facility to: (1) inspect at least semiannually all animal study areas and animal areas and animal facilities at the research facility; (2) file an inspection certification report of each inspection at the research facility; (3) notify the administrative representative of the research facility of any deficiencies; and (4) notify the Animal and Plant Health Inspection Service and the funding Federal agency if such deficiencies remain uncorrected. Requires each research facility to provide for annual training in the humane treatment of animals for scientists, animal technicians, and other personnel involved with animal care and treatment in such facility. Directs the Secretary to establish an information service at the National Agricultural library to provide information on improved methods of animal experimentation, including: (1) employee training; (2) preventing unnecessary duplication of animal experimentation; (3) reducing or replacing animal use; and (4) minimizing pain and distress. Requires funding Federal agencies to revoke Federal support for a project if it is determined that conditions of animal care, treatment, or practice in a particular project have not been in compliance with standards promulgated under this Act. Requires the Secretary to inspect each research facility at least once each year. Requires such follow-up inspections as may be necessary until all deficiencies which may be found are corrected. Imposes penalties for the release of any confidential information or trade secrets by any member of an institutional animal committee. Increases penalties for violations of the Animal Welfare Act.
United States · United States Congress · 23 May 1985
Amends the Food Stamp Act of 1977 to require: (1) each State agency to submit to the Secretary of Agriculture a statistically reliable sample of cases for purposes of quality control review; (2) the Secretary to analyze such information and notify the State agency of its error rate; and (3) the State agency to develop, submit to the Secretary, and implement a corrective action plan. Directs the Secretary to: (1) waive the requirement of a corrective action plan where a State's error rate has been consistently below the "target" error rate; (2) establish corrective action plan criteria; (3) monitor the implementation of any such plans; and (4) reduce a State's federally funded share of administrative costs if its error rate exceeds "target" rates. Provides with regard to such financial sanctions that: (1) the Secretary may waive such sanctions based on a State's good faith effort to reduce its error rate; (2) sanctions shall be reduced by the amount of collections from allotments to ineligible households or from overissuances to eligible households; and (3) the Secretary waive such sanctions if a State spends the sanction amount on implementation of a corrective action plan. Sets (fiscal year) error rate tolerance levels at five percent adjusted by specified socio-economic factors. Imposes a one-year moratorium on sanctionable food stamp program errors, and a 90-day moratorium on administrative errors. Directs the Secretary to: (1) conduct a study of client errors and broader performance measures; and (2) report to the Congress within one year.
United States · United States Congress · 23 May 1985
College Athlete Education and Protection Act of 1985 - Amends the Internal Revenue Code to deny the deduction for a charitable contribution to an institution of higher education for use in the athletic program of such institution or to any other organization for use in supporting the athletic program of such institution unless for the 5-calendar-year period ending with the calendar year preceding the calendar year in which the contribution is made at least 75 percent of the scholarship athletes ceasing to be students at such school during such period receive a bachelor's degree after the completion of not more than five academic years.
United States · United States Congress · 14 May 1985
Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1985 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to declare that findings and determinations of the arbitrator in disputes concerning compensation for the use of pesticide data shall be reviewable by the appropriate United States court of appeals. (Currently the arbitrator appointed by the Federal Mediation and Conciliation Service makes the final and conclusive determination.) Makes technical and clarifying amendments with respect to the classification for general and restricted use of pesticides. Describes rulemaking proceedings for the determination of whether a pesticide product causes unreasonable adverse effects on the environment and the terms of registration under which such product may be distributed, sold, or used. Prohibits the Administrator of the Environmental Protection Agency from issuing a notice of intent to cancel the registration of a product unless: (1) a final rule has been published which concludes that use of the product poses unreasonable adverse effects on the environment; (2) a determination is made that the question of adversity would be more quickly and efficiently answered in an adjudicatory hearing; or (3) such notice is issued on or before October 2, 1988, and concerns a product under an investigation commenced on or before October 2, 1986. Limits the scope of hearings based on a pesticide's noncompliance with regulations issued after October 2, 1985, under this Act, to: (1) whether the product complies; (2) whether the regulation is applicable; or (3) whether the regulation is unreasonable based on current information. Revises the procedure for canceling the registration of noncomplying pesticides. Eliminates provisions which require a fact-finding hearing prior to a cancellation. Authorizes the Administrator to issue a notice of intent to cancel the registration of a pesticide product, if such product's registration is based on false, inaccurate, or misleading information. Declares that a suspension order may prohibit the distribution, sale, or use of a pesticide product. Makes conforming amendments to provisions concerning public hearings and scientific review of pesticide products. Authorizes the Administrator to issue regulations governing the right to a hearing with regard to the denial of any application for the registration of a pesticide product containing an ingredient which was subject to a prior notice of intent to cancel. Authorizes any person to petition the Administrator to cancel or suspend the registration of a pesticide product. Includes among persons required to maintain pesticide records, any producers, registrants, applicants for registration, applicants or holders of experimental use permits, pesticide testing facilities, commercial applicators, and persons who distribute or sell pesticides. Revises provisions relating to the authority of the Administrator to make inspections under this Act. Allows State officers or employees designated by the Administrator to conduct inspections. Exempts determinations to disclose information on inert ingredient statements from procedures to be used when the Administrator proposes to disclose information on product formulas. Sets forth conditions for disclosure to States and foreign governments. Revises current provisions regarding unlawful acts and penalties. Prohibits indemnity payments to owners of pesticide products whose registrations are suspended after the effective date of this Act. Provides for judicial review of regulations issued under this Act in the appropriate court of appeals or in the United States Court of Appeals for the District of Columbia. Provides that after October 1, 1985, the Administrator will not be responsible for the disposal of a pesticide when the registration of such pesticide is cancelled. Declares that the Administrator, in implementing this Act, shall not be deemed to be exercising authority to prescribe or enforce workplace standards affecting occupational safety and health. Authorizes registrations issued by States for special local needs to terminate without cancellation hearings. Replaces congressional veto provisions with a 60-day delay period after promulgation of pesticide regulations.
United States · United States Congress · 14 May 1985
Entrepreneur Incentive Act of 1985 - Amends the Internal Revenue Code to permit a taxpayer who sells a capital asset which has been held for more than six months to not recognize any gain realized on the sale to the extent that the amount realized from such sale is invested in a qualified small business investment within one year of such sale. Provides that the maximum amount of gain which may not be recognized cannot exceed $125,000 for the taxable year and all prior taxable years. Treats any exchange of property as a sale for purposes of the nonrecognition provisions. Prohibits the nonrecognition of gain to the extent the gain is ordinary income. Requires the basis of the small business investment to be reduced by the amount of gain not recognized on the sale of the property. Extends the period of statute of limitations with respect to assessment of tax relating to such sale or exchange. Permits a deduction for amounts paid by the taxpayer for the purchase of stock of a small business corporation from such corporation under a qualified stock purchase plan. Limits the deduction in a taxable year to $15,000 ($30,000 for a joint return). Requires a qualified stock purchase plan to: (1) sell no more than $250,000 in stock; (2) prohibits the purchase by a person which would result in such person owning more than 50 percent of the stock of the corporation; (3) sell stock only to new stockholders; (4) require the purchase of the stock with cash; (5) prohibit any distribution with respect to such stock for a three year period after the stock is purchased; (6) limit the transfer of such stock for three years after purchase; and (7) require the proceeds of such sales to be used in the conduct of an active trade or business of the corporation. Reduces the amount of income tax imposed on small business corporations by an amount equal to the lesser of the tax imposed on: (1) the amount of dividends paid by the corporation during the taxable year; or (2) $50,000. Provides a phase-out of this tax reduction for corporations with a taxable income in excess of $2,000,000. Requires the dividends, which are eligible for this provision, to be: (1) paid in cash; (2) pro rata, with no preference to any share of stock as compared with other shares of the same class, and with no preference of one class of stock over another except to the extent it is entitled to preference; and (3) not in redemption or in partial liquidation or corporate liquidation. Sets forth various rules relating to the reduction of the income tax liability. Permits an ordinary loss deduction for securities of a small business corporation which becomes worthless.
United States · United States Congress · 8 May 1985
Expedited Funds Availability Act - Requires the Board of Governors of the Federal Reserve System to begin to develop a system to provide that: (1) funds deposited by checks drawn on a local depository institution shall be available for withdrawal the next business day following the day of deposit; and (2) for all other checks, not more than three business days shall pass between the day of deposit and the day on which the funds become available. Requires such system to be implemented no later than five years after the date of enactment of this Act. Requires the Board, not later than six months after the date of enactment of this Act and annually thereafter until such goal is achieved, to report to the Congress concerning the actions it has taken. Sets forth time standards for expedited check clearing in any case in which funds are deposited by check in an account at a depository institution. Requires cash deposits to be available on the next business day. Makes exceptions to such standards with respect to: (1) checks drawn on a depository institution or an office of a depository institution located outside of the United States; (2) deposits of checks aggregating more than $5,000 in any account on any business day, excluding cashier's and certified checks beginning two years after enactment of this Act; (3) deposits made by new depositors within the first 30 days after opening an account, excluding cashier's and certified checks beginning two years after enactment of this Act; (4) any account that is overdrawn three times in six months; and (5) emergencies beyond the control of the depository institution. Permits a State to require, or a depository institution to provide for, shorter time periods for deposit availability. Requires interest to accrue on funds deposited in interest-bearing accounts beginning on the business day of deposit. Requires a depository institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by check. Authorizes the Board to publish model disclosure forms and clauses for common transactions. Directs the Board to establish a Payments System Advisory Council to advise and consult with it in the exercise of its functions under this Act. Sets forth provisions governing: (1) the administrative enforcement of this Act; and (2) the civil liability of institutions that fail to comply with this title.
United States · United States Congress · 8 May 1985
Authorizes the Society of the Third Infantry Division to erect a memorial on public grounds in the District of Columbia or its environs in honor of the men of the "Rock of the Marne" of the Third Infantry Division who served in both World Wars, Korea, and maintaining peace. Authorizes the Secretary of the Interior to select a site for the memorial subject to the approval of the National Commission of Fine Arts, the National Capital Planning Commission, and, under certain circumstances, the Mayor of the District of Columbia. Subjects the design and plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Directs that the maintenance and care of the memorial shall be the Secretary's responsibility unless the memorial is on public grounds under the jurisdiction of the District of Columbia in which case such duties fall on the District of Columbia. Provides that funds of the United States or the District of Columbia may not be used to erect the memorial. Directs that the authority to establish the memorial is contingent upon its erection beginning within five years with funds sufficient to ensure its completion.
United States · United States Congress · 8 May 1985
Fair Share Minimum Tax Act of 1985 - Amends the Internal Revenue Code to provide for a single alternative minimum tax for both individuals and corporations. Imposes such tax on taxpayers having alternative minimum taxable income in excess of $70,000. Sets the amount of such tax at the excess of: (1) five-sixths of one percent for individuals or five-sixteenths of one percent for corporations for each $1,000 by which alternative minimum taxable income exceeds $70,000; over (2) the regular tax for the taxable year. Phases-out the deduction for individuals for alternative minimum tax itemized deductions by two percent for each $1,000 that minimum taxable income exceeds $100,000. Limits the itemized deduction for housing interest to interest paid for principal residences and allows an itemized deduction for State and local income and real property taxes. Repeals provisions relating to the present minimum tax on corporations. Modifies provisions relating to items of tax preference to provide that: (1) all depreciable property regardless of whether subject to a lease shall be included as a tax preference item; (2) present class life rather than accelerated cost recovery periods must be used for depreciable property; and (3) the net income offset for intangible drilling costs shall be disallowed. Adds as items of tax preferences for all taxpayers: (1) interest from newly issued tax-exempt securities; (2) gain on installment sales; (3) income attributable to life insurance, annuity, or endowment contracts; (4) net losses from activities in which an individual is not a material participant; and (5) certain deductions of life insurance companies. Provides that tax preferences which presently apply to personal holding companies shall apply to all corporations. Revises the method of calculating the tax preference for bad debt reserves and interest on debt to carry tax-exempt obligations for financial institutions. Adds as items of tax preference for corporations: (1) exempt foreign trade income; (2) deposits in, and earnings on, certain maritime construction funds; and (3) income received under completed contract accounting. Adds as items of tax preference for individuals: (1) untaxed portions of social security benefits; (2) earned income of citizens and residents living abroad; (3) the increase in nonforfeitable pension benefits; (4) the deduction for two-earner married couples; (5) health-related benefits excluded from gross income; and (6) employer contributions to group term life insurance. Revises requirements for the election to avoid minimum tax on qualified expenditures. Sets forth effective dates and transitional rules.
United States · United States Congress · 8 May 1985
Expresses the sense of the House of Representatives that the administration should comply with the automatic appropriation and earmarking provisions of the Wallop/Breaux Sport Fish Restoration Trust Fund. States that funds owed to the States from such Fund should not be withheld or delayed.
United States · United States Congress · 7 May 1985
Allowable Cost Reform Act - Requires that a contract with the Department of Defense for an amount more than $25,000 that is flexibly priced or for which certain cost or pricing data is required must: (1) disallow certain costs; and (2) impose a penalty on a contractor who submits a claim for reimbursement of such a cost. Provides that the following costs are disallowed under such a contract: (1) costs of amusement and social activities; (2) costs incurred to influence action on legislation or appropriation matters pending before the Congress; (3) costs of the defense of any fraud proceeding; (4) fines and penalties imposed for noncompliance with Federal, State, or local laws and regulatons; (5) costs of memberships in any social or dining club or organization; (6) alcoholic beverages; (7) contributions or donations; (8) advertising; and (9) models, gifts, souvenirs, or other memorabilia. Requires the Secretary of Defense to issue regulations concerning the allowability of contractor costs. Requires the Secretary to submit to the House and Senate Armed Services Committees a report identifying: (1) the nature of the proposed changes to be made to current cost principles; and (2) the potential effect of such changes on future requests for reimbursement of contractor costs. Requires the Secretary to allow resolution of challenged expenses by negotiation and settlement. Requires the Secretaries of the military departments and the Directors of the Defense Agencies to prescribe regulations to limit to five years the duty assignment for certain contracting officials to any particular contractor.
United States · United States Congress · 29 April 1985
Designates the week beginning on April 13, 1986, as National Garden Week. Urges the wearing of garden flowers during that week as a symbol of appreciation for the contributions of the Nation's gardeners.
United States · United States Congress · 18 April 1985
Authorizes the President to call a White House Conference on Library and Information Services, to be held not later than 1989, to develop recommendations for improvement of such services and their public use. Requires that the Conference be planned and conducted by the National Commission on Libraries and Information Sciences. Authorizes the Librarian of Congress, the Director of the National Library of Medicine, and the Director of the National Agricultural Library, upon request, to detail personnel to the Commission. Requires the Conference to submit a final report to the President within 120 days following its close. Directs that the final report be made public, and within 90 days after receipt by the President, transmitted to the Congress with recommendations. Establishes an advisory committee to assist in planning and conducting the Conference. Includes among its appointed members the Secretary of Education and the Librarian of Congress. Authorizes appropriations as necessary.
United States · United States Congress · 18 April 1985
Expresses the sense of the House of Representatives that the administration should comply with the automatic appropriation and earmarking provisions of the Wallop/Breaux Sport Fish Restoration Trust Fund and support adequate appropriation for the Boating Safety Account in such Fund. States that funds owed to the States from such Fund should not be withheld or delayed.
United States · United States Congress · 17 April 1985
Amends the Internal Revenue Code to establish an applicable test rate of nine percent for determining whether there is imputed interest in the case of seller-financed property. Permits a lower test interest rate of 80 percent of the Federal Treasury rate where such rates are lower than the nine percent test rate. Provides for a blended test rate for instances where the loan amount exceeds $4,000,000. Provides that in determining whether wraparound financing meets such testing rate, the test shall be applied to the net rate of interest on the seller's equity in the financing after deducting the existing third party financing. Authorizes the imputation of interest in seller-financed property sales of $4,000,000 or less of ten percent or 90 percent of the Federal Treasury rates, whichever is less, where the test interest rates have not been met. Allows for a blended imputed interest rate where the debt amount exceeds $4,000,000. Requires that all loan amounts from a single transaction or series of related transactions be aggregated for purposes of determining the loan amount. Provides that the imputed interest rules will not apply to assumptions of loans unless the terms and conditions of such debt obligations are modified in connection with the assumption. Repeals the provisions of the Code limiting the amount of interest expense a purchaser of personal use property may deduct for tax purposes. Excepts debt instruments arising from the sale or exchange of a residence from the imputed interest provisions where the obligor of the instrument uses the property as his other residence. Provides that the imputed interest rules shall not apply in the case of sales or exchanges of property where the borrowed amount does not exceed $4,000,000. Requires the interest on the obligation issued in connection with such sales or exchanges to be taken into account by both the buyer and the seller on the cash receipts and disbursement method of accounting unless both buyer and seller agree to use the accrual receipts and disbursement method of accounting.
United States · United States Congress · 17 April 1985
Food Assistance and Africa Agriculture Act of 1985 - Title I: Authorization of Appropriations - Amends the Foreign Assistance Act of 1961 to authorize appropriations for: (1) the International Fund for Agricultural Development; and (2) the International Fund for Agricultural Development for its Special Program for Sub-Saharan Countries Affected by Drought and Desertification for each of FY 1986 through 1989. Title II: Appropriations for Fiscal Year 1986 - Makes appropriations for FY 1986 for: (1) expenses for agricultural commodities supplied in connection with dispositions abroad pursuant to the famine relief provisions of the Agricultural Trade Development and Assistance Act of 1954; and (2) the U.S. contribution to the International Fund for Agricultural Development and for the Fund's Special Program for Sub-Saharan Countries Affected by Drought and Desertification.
United States · United States Congress · 4 April 1985
Renewable Energy and Conservation Transition Act of 1985 - Title I: Extension of Business Energy Credits - Amends the Internal Revenue Code to extend the energy investment tax credit for solar energy property from 1985 to 1990. Sets the amount of such credit during such period at 15 percent for low temperature solar property and 25 percent for all other solar property. Extends the energy investment tax credit for wind property from 1985 to 1988. Sets the amount of such credit at: (1) ten percent during 1986 and 1987; and (2) five percent during 1988. Extends the energy investment tax credit for geothermal property and biomass property from 1985 to 1988. Extends the energy investment tax credit for ocean thermal property from 1985 to 1990. Revises the definition of "solar property" for purposes of such tax credit. Sets forth special rules for geothermal equipment to qualify for such credit. Title II: Affirmative Commitment Rule to Extend the Business Credit for Certain Long-Term Projects - Extends the time period during which an affirmative commitment must be made in order for long-term energy projects to be eligible for the energy investment tax credit. Allows such extension: (1) from 1990 to 1993 for solar energy property; (2) from 1988 to 1990 for geothermal energy property; and (3) from 1985 to 1990 for hydroelectric generating property. Title III: Extension of Residential Energy Credits - Extends the residential energy income tax credit for solar renewable energy property from 1985 to 1990. Phases out such credit over such period of time. Provides that solar hot water systems and active space heating systems must meet certain additional standards in order to qualify for such credit. Extends the residential energy income tax credit for wind renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Extends the residential energy income tax credit for geothermal renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Revises the definition of geothermal deposits for purposes of such credit. Revises the definition of energy conservation expenditures for purposes of the residential energy income tax credit to limit the amounts taken into account to $700. Limits the energy conservation income tax credit to taxpayers with an adjusted gross income of less than $30,000. Title IV: Effective Date - Sets forth the effective date of this Act.
![Official portrait of Rep. Nowak, Henry [D-NY-33]](https://www.congress.gov/img/member/n000163_200.jpg)