United States · United States Congress · 26 February 1986
Merger Modernization Act of 1986 - Amends the Clayton Act to revise the standard of anticompetitive effects required to prohibit a merger. Prohibits a merger if there is a significant probability that the merger will substantially increase the ability to exercise market power. Defines "the ability to exercise market power" as the ability of one or more firms profitably to maintain prices above competitive levels for a significant period of time. Directs the courts, in determining whether a merger will substantially increase the ability of a firm to exercise market power, to consider all economic factors relevant to the affected markets, including: (1) the difficulty of entry by foreign or domestic firms into the market; (2) efficiencies derived from the merger; and (3) any other evidence indicating whether the merger will increase the ability to exercise market power.
United States · United States Congress · 25 February 1986
Amends the Agricultural Adjustment Act, as reenacted by the Agricultural Marketing Agreement Act of 1937, to repeal the minimum adjustments to fluid milk prices under marketing orders.
United States · United States Congress · 19 February 1986
Authorizes and requests the President to present, on behalf of the Congress, gold medals to Anatoly and Avital Shcharansky in recognition of their supreme dedication and total commitment to human rights and freedoms. Requires the Secretary of the Treasury to determine the design of the medals. Authorizes appropriations. Authorizes the Secretary to sell bronze duplicates of the medals.
United States · United States Congress · 6 February 1986
Bankruptcy Judgeship Act of 1986 - Amends the judicial code to increase the number of bankruptcy judges: (1) from two to three for the Eastern and Western Districts of Arkansas; (2) from seven to nine for the Northern District of California; (3) from four to six for the Eastern District of California; (4) from 12 to 19 for the Central District of California; (5) from three to four for the Southern District of California; (6) from two to four for the Middle District of Florida; (7) from four to six for the Northern District of Georgia; (8) from one to two for the Southern District of Georgia; (9) from one to two for Idaho; (10) from eight to ten for the Northern District of Illinois; (11) from two to three for the Central District of Illinois; (12) from two to three for the Northern District of Indiana; (13) from one to two for the Northern District of Iowa; (14) from one to two for the Southern District of Iowa; (15) from two to three for the Western District of Kentucky; (16) from two to three for Maryland; (17) from two to three for the Western District of Michigan; (18) from one to two for Nebraska; (19) from two to three for Nevada; (20) from five to seven for New Jersey; (21) from one to two for the Northern District of Oklahoma; (22) from two to three for the Western District of Oklahoma; (23) from four to five for Oregon; (24) from one to two for South Carolina; (25) from two to three for the Eastern District of Tennessee; (26) from two to three for the Western District of Tennessee; (27) from four to five for the Northern District of Texas; (28) from three to six for the Southern District of Texas; (29) from two to three for the Western District of Texas; (30) from two to three for Utah; (31) from three to four for the Eastern District of Virginia; (32) from one to two for the Eastern District of Washington; (33) from four to five for the Western District of Washington; and (34) from three to four for the Eastern District of Wisconsin. Makes members of the bar of the Commonwealth of Puerto Rico eligible for appointment to bankruptcy judgeships.
United States · United States Congress · 5 February 1986
Directs the President, each year before the State of the Union address, to deliver a written report on U.S. national strategy to the Senate Armed Services and Foreign Relations Committees and the House Armed Services and Foreign Affairs Committees. Outlines information to be included in such report. Directs the two Senate committees to hold a joint meeting, and the two House committees to hold a joint meeting, in order to consider the President's report. Directs the President, not less than 24 hours before the date on which such joint meetings are held, to deliver to each member of Congress a copy of his report.
United States · United States Congress · 23 January 1986
Emergency Great Lakes Level Reduction Act - Authorizes the Chief of Engineers to temporarily increase the diversion of water from Lake Michigan at Chicago, Illinois, to alleviate water damage on its shoreline and others of the Great Lakes during periods of abnormally high water levels.
United States · United States Congress · 23 January 1986
Live Birth Abortion Revision Act - Amends the Internal Revenue Code to deny a taxpayer's personal exemption deduction for a child who is born alive after an induced abortion or an attempt to perform an abortion and dies as a result of such procedure. Denies the deduction for abortion expenses unless the abortion was performed to save the life of the mother. Denies the personal exemption deduction for the spouse or a dependent of the taxpayer if the taxpayer intentionally causes the death of such spouse or dependent. Requires a court determination of an intentional cause of death.
United States · United States Congress · 18 December 1985
Amends rule XV of the Rules of the House of Representatives to prohibit the House from passing or adopting any bill or joint resolution making appropriations or providing revenue except by a rollcall vote.
United States · United States Congress · 16 December 1985
Child Victim Witness Protection Act of 1985 - Amends the Comprehensive Crime Control Act of 1984 to authorize the Attorney General to make additional annual grants and other payments from the Crime Victims Fund to States for the protection of victims of child abuse. Makes a State eligible for assistance if such State has enacted statutes with respect to the investigation and adjudication of child abuse which: (1) minimize the additional trauma to the child victim; and (2) improve the chances of successful criminal prosecution or legal action. Requires that such assistance be used to implement these statutes. Establishes a formula based on State population to determine the amount of the State's allotment. Requires the Attorney General to use up to $12,000,000 from the Crime Victims Fund each fiscal year for this purpose. Amends the Victims of Crime Act of 1984 to increase the level of the Crime Victims Fund. Directs the Attorney General to acquire statistical data for 1987 and 1988 regarding the incidence of child abuse and annually publish a summary of such data.
United States · United States Congress · 20 November 1985
Telecommunications Equipment and Information Services Act of 1985 - Authorizes the Bell operating companies to provide information services (excluding electronic publishing) and to manufacture telecommunications equipment, subject to such regulations as the Federal Communications Commission may prescribe. Conditions such authority on the Commission's determination that no Bell operating company could impede competition in the information services or telecommunications equipment manufacturing businesses. Requires the Commission to include in its annual report to the Congress an assessment, providing for public comment, of the impact of this Act on employment in such businesses.
United States · United States Congress · 31 October 1985
United States Trustees Act of 1985 - Title I: Amendments to Title 28 of the United States Code - Requires the Attorney General to direct United States trustees appointed to bankruptcy cases in discharging their duties. Authorizes the Attorney General to investigate the official acts, records, and accounts of such trustees. Directs the Attorney General to appoint one U.S. trustee for each of 24 bankruptcy regions constituted of specified Federal judicial districts. Reduces a U.S. trustee's term of office from seven to four years. Subjects a U.S. trustee to removal by the Attorney General without cause. Eliminates the 90-day limitation on service by an acting U.S. trustee. Permits the Attorney General to authorize a U.S. trustee designated to serve in more than one region to remain at his or her original official station. Limits the maximum annual compensation for a person appointed as standing trustee in individual debt bankruptcy cases to step 1 of grade GS-16, generally, and up to step 6 of grade GS-16 if such person has significantly decreased actual expenses resulting in a decrease of his or her percentage fee. Authorizes the use of interest earned from the deposit of payments under plans in the cases for which such person serves to pay such person's actual, necessary expenses, without limitation, if the Attorney General approves. Increases the maximum annual salary of a U.S. trustee to the rate of basic compensation for level IV of the Executive Schedule. Repeals the rulemaking authority of the Director of the Administrative Office of the United States Courts. Increases the filing fees required to commence bankruptcy cases to $100 for individual debt and liquidation cases and $500 for reorganization cases. Requires a debtor to pay $400 to convert an individual debt or liquidation case to a reorganization case. Prescribes the portions of such fees to be transmitted to the Treasury by the clerk of the court. Prescribes monthly charges to be paid as administrative expenses to U.S. trustees in reorganization cases. Directs the U.S. trustees to transmit charges received to the Treasury. Allows the Attorney General to increase such fees and charges based on the amount necessary for repayment to the Treasury of amounts appropriated for the U.S. trustee system. Title II: Amendments to Title 11 of the United States Code - Authorizes the bankruptcy court in an involuntary liquidation case to order the U.S. trustee to appoint an interim trustee. (Currently, the court makes such an appointment.) Authorizes the appropriate U.S. trustee to raise, appear, and be heard on any issue in any bankruptcy case or proceeding. Provides that the U.S. trustee for the judicial district in which a case is pending is eligible to serve as trustee in such case. Provides that the U.S. trustee qualifies whenever he or she serves in a bankruptcy case. Requires the appropriate U.S. trustee (currently, the court) to determine the amount of, and sufficiency of the surety on, a bond required to be filed by an individual in order to qualify as a trustee in a bankruptcy case. Prohibits the court from removing a U.S. trustee. Permits a U.S. trustee to remove: (1) a trustee in an individual debt or reorganization case by filing with the court a notice of the appointment of a successor trustee; and (2) a trustee or an examiner in a liquidation case after notice and a hearing, unless the court orders otherwise. Prohibits compensation for service or reimbursement of expenses of U.S. trustees or standing trustees in individual debt bankruptcy cases. Requires any compensation paid to a U.S. trustee serving as trustee in a bankruptcy case to be paid to the Treasury. Prohibits a trustee in a liquidation or reorganization case from employing a professional person who represents or is employed by a creditor, if the U.S. trustee objects. Requires the U.S. trustee to convene and preside at a meeting of creditors after an order for relief has been filed in a bankruptcy case. Permits the U.S. trustee to examine the debtor at such meeting. Authorizes the U.S. trustee (currently, the court) to order a meeting of any equity security holder. Permits a U.S. trustee to aggregate money of estates for which he or she serves as trustee for deposit or investment in order to increase earnings. Provides for the appointment of original, interim, and successor trustees for liquidation cases by U.S. trustees. (Currently, the court has such authority.) Requires a trustee in a liquidation case to file reports on the operation of a debtors' business and the administration of the debtor's estate with the appropriate U.S. trustee. Permits a creditors' committee to consult with, and make recommendations to, the U.S. trustee concerning the performance of the trustee's duties. Authorizes a court to dismiss: (1) a voluntary liquidation case if the debtor fails to file information on his or her financial affairs within 15 days after filing the petition commencing the case; and (2) a liquidation case if the debtor fails to file his or her intentions for property securing consumer debts within the prescribed period. Grants a U.S. trustee the same rights and responsibilities as a trustee in the discharge of a liquidation case. Provides for the appointment of committees of creditors and equity security holders in reorganization cases by the appropriate U.S. trustee. (Currently, the court has such authority.) Authorizes the U.S. trustee to request the appointment of a trustee or examiner and the termination of the trustee's appointment to such a case. Directs the U.S. trustee (currently, the court) to appoint any successor trustee or examiner. Permits a court to dismiss a reorganization case or to convert such a case to a liquidation case at the request of a U.S. trustee. Includes as cause for dismissal the (1) nonpayment of court fees; (2) failure of a debtor in a voluntary case to file information on his or her financial affairs within 15 days after filing the petition commencing the case; and (3) failure of a debtor to file his or her intention for property securing consumer debts within the prescribed period. Provides for the appointment of a standing trustee or the designation of a trustee in an individual debt bankruptcy case by the appropriate U.S. trustee. (Currently, the court has such authority.) Permits the U.S. trustee to serve as such trustee. Permits a court to dismiss an individual debt case or to convert such a case to a liquidation or reorganization case at the request of a U.S. trustee. Includes as a cause for dismissal the failure of a debtor to file: (1) information on his or her financial affairs within 15 days after the filing of the petition commencing the case; or (2) his or her intentions for property securing consumer debts within the prescribed period. Title III: Transition and Repealer - Repeals provisions that would repeal specified provisions providing for the appointment, compensation, staff, and termination of U.S. trustees as of September 30, 1986. Sets forth technical amendments providing for transition to the United States trustee system established by this Act. Title IV: Authorization for Appropriations for Bankruptcy Administration - Authorizes appropriations to carry out this Act. Requires the use of bankruptcy filing fees to reimburse the Treasury for such appropriations. Title V: The Rules of Bankruptcy Procedure - Provides that Part X of the Rules of Bankruptcy Procedure shall apply in any district in which a U.S. trustee is serving until such part is superseded by Rules of Bankruptcy Procedure as prescribed by the Supreme Court.
United States · United States Congress · 23 October 1985
Authorizes the President to provide military assistance to the National Union for the Total Independence of Angola (UNITA). Authorizes appropriations for such purpose for FY 1986.
United States · United States Congress · 17 October 1985
Amends the Federal criminal code to allow the imposition of sanctions against foreign governments for failure to extradite terrorists as required by treaty. Allows the President to: (1) restrict imports from that country; and (2) reduce military and economic assistance to that country. Requires the President to notify specified congressional committees of the intended action.
United States · United States Congress · 10 October 1985
States that a person shall be considered an American national if such person completes 15 years of lawful continuous residence in the United States or American Samoa, and one of his or her parents was a national of the United States and a resident of the United States or American Samoa at the time of that person's birth.
United States · United States Congress · 8 October 1985
Amends the copyright law to prohibit a copyright holder from conveying the right to publicly perform an audiovisual work on non-network commercial television without simultaneously conveying the right to perform in synchronization any copyrighted music which accompanies such work.
United States · United States Congress · 8 October 1985
Trade Partnership Act - Title I: International Trade - Directs the President to establish the Commission on Trade which shall: (1) evaluate existing U.S. trade laws and policies; (2) develop recommendations on monetary and fiscal policies for the United States and its chief trading partners; (3) evaluate the export financing practices of major trading partners and of international agencies; and (4) review existing trade agreements to assess their effect on U.S. long-term trading interests. Requires the Commission to report its findings and recommendations to the President and to the Congress. Expresses the sense of the Congress that the President should evaluate such findings and recommendations and take into account the results of an international monetary conference to determine the propriety of convening a summit conference on international trade in order to develop changes in international trade and monetary practices. Expresses the sense of the Congress that the President should call for an international monetary conference to develop: (1) options for reforming institutional mechanisms in order to decrease the disparity among, and to prevent dramatic fluctuations in the value of, the currencies of the major economic powers; and (2) means for reducing interest rates, promoting national and world economic growth, assuring price stability, and promoting higher levels of international trade. Expresses the sense of the Congress that the President should initiate multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade (GATT) in order to: (1) resolve the issues not resolved in earlier negotiations; (2) develop multilateral disciplines in those areas where trade problems have emerged or are becoming more acute; (3) focus on improving the dispute settlement mechanisms of the GATT; (4) place a high priority on bringing developing countries into full participation in the international trading community; (5) ensure that all developed countries share equally the responsibility for advancing the economies of developing countries; and (6) increase efforts to bring countries now outside the GATT under accepted multilateral disciplines governing trade. Directs the President to begin negotiations immediately if Canada requests the negotiation of a trade agreement that provides for the elimination or reduction of any duty imposed by the United States. Directs the U.S. Trade Representative (USTR) to review the bilateral relationships between the United States and its major trading partners in order to determine those countries that offer the most potential for the establishment of free trade areas with the United States. Sets forth factors to be considered in making such review. Authorizes the President, during the year following enactment of this Act, to negotiate with Japan on a trade agreement under which the United States will permit the exportation to Japan of Alaskan petroleum and natural gas in return for substantial concessions by Japan regarding the importation into Japan of agricultural products, wood products, and other kinds of export products that are important to the United States. Amends the Trade Act of 1974 to transfer to the USTR specified functions relating to import relief that are currently performed by the President. Directs the President to review the USTR's determination on whether to provide import relief and what form such relief should take. Requires the President to complete such review within 15 days of receiving the USTR's determination. Directs the President to notify the Congress of the President's decision and of the USTR's determination. Directs the USTR to take action to implement the import relief which the USTR decided to provide if the President concurs in the USTR's decision. Directs the USTR to take action to implement the President's decision on import relief if it differs from the USTR's decision and no joint resolution disapproving the President's decision is enacted. Directs the USTR to order the implementation of the import relief recommended by the International Trade Commission if the decision of the President differs from the decision of the USTR and a joint resolution disapproving the President's decision is enacted. Authorizes interim relief after a petition for import relief is filed if the USTR determines that: (1) it is likely that the article is being imported in such increased quantities as to be a substantial cause of serious injury or threat thereof to the competing domestic industry; and (2) the absence of such interim relief would result in irreparable harm to the domestic industry. Authorizes emergency relief from imports of perishable products (other than perishable products from a beneficiary country under the Caribbean Basin Economic Recovery Act) after a petition for such relief is filed if the USTR, after consultation with the Secretary of Agriculture, decides that: (1) there is a reasonable indication that the perishable product is being imported in such increased quantities as to be a substantial cause of serious injury, or threat thereof, to the competing domestic industry; and (2) emergency action is warranted. Directs the USTR, upon deciding to grant interim relief or emergency relief, to: (1) determine the method and extent of such relief; (2) notify the President of such decision; and (3) unless the President decides within 15 days that such relief is not in the national economic interest, order the Commissioner of Customs to impose such relief. Declares that such relief may consist of tariff increases or import limitations. Provides for the termination of such relief. Directs the USTR to order the Commissioner of Customs to implement actions necessary to enforce U.S. rights under any trade agreement if: (1) the President and the USTR agree on the appropriate action; or (2) the President differs with the USTR on the appropriate action but a joint resolution disapproving such action is not enacted. Reduces the number of days from 21 to 15 between the President's receipt of the USTR's recommendation of appropriate action and the President's decision on what action is appropriate. Requires the President to determine during such 15 day period if: (1) the President concurs in the USTR's recommendation; or (2) it is in the national economic interest not to take any action or to take action different from the action determined by the USTR. Requires the President to notify the Congress of such decision. Provides that if 90 days after the Congress receives notice of such decision no joint resolution is enacted disapproving it then such decision shall take effect. Reduces the amount of time the USTR may take to make a recommendation on a petition for enforcement of U.S. trade rights. Sets forth the actions the USTR may recommend to the President based on such petition. Directs the USTR to include in the annual report to the Congress on foreign barriers to market access an analysis and assessment of the overall reciprocity accorded U.S. products, services, and investment by each of the major trading partners of the United States and the impact on major U.S. product sectors of the failure to provide reciprocity. Requires specified congressional committees, within 90 days of receiving such report, after consultation with the USTR and conducting public hearings, to issue a joint report on: (1) the priorities for negotiations regarding reducing or eliminating trade barriers; and (2) the committees' recommendations on actions to enforce U.S. trade rights. Directs the Secretary of Labor to pay to private firms 80 percent of the cost of providing job training if the training is certified as trade readjustment training and if the trainees are not charged for the training. Extends the job training, job search, and job relocation allowance provisions of the trade adjustment assistance programs through October 1, 1987. Amends the Trade Expansion Act of 1962 to set a one year deadline for the President to take action on the advice of the Secretary of Commerce on imports that are suspected of impairing national security. Amends the Tariff Act of 1930 to reduce the time limit for decisions by the International Trade Commission on allegations of unfair practices in import trade from one year (18 months in more complicated cases) to eight months (ten months in more complicated cases). Declares that the USTR should expedite the issuance of notices requesting the negotiation of periodic adjustments to the bilateral limitations on shipments of textiles and apparel contained in the Multi-Fiber Arrangement. Directs the Commissioner of Customs to: (1) increase the number of inspectors, import specialists, and customs patrol officers in the Customs Service by at least 800; (2) implement the Automated Commercial System at all ports of entry; and (3) implement a program for detecting, investigating, and prosecuting patent and copyright infringement cases. Requires the Commissioner to report quarterly to specified congressional committees on the operation and effect of the patent and copyright infringement program. Imposes a penalty for multiple customs law offenders who import or attempt to import merchandise during the three years following the date of the third of the offenders' convictions. Title II: Protection of Patents and Transfer of Technology - Part A: Protection of Patents - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Places the burden of proof upon the party asserting that a product was not produced with the patented process in an infringement action where the court finds a substantial likelihood that the product was so produced and the claimant has exhausted all means of discovery. Part B: Transfer of Technology - Federal Laboratory Technology Utilization Act of 1985 - Authorizes Federal agencies to permit their laboratories to enter into cooperative research and development arrangements with other Federal, State, and local agencies, universities, industrial organizations, or other persons including licensees of inventions owned by the Federal agency or general partners of research and development limited partnerships. Permits such laboratories to exchange funds, services, and property with collaborators, grant such collaborators patent licenses or assignments, waive Federal ownership of inventions made by a collaborator, and negotiate licensing agreements for federally owned inventions. Sets forth a formula for the distribution of royalties or other income received by such laboratories from the licensing of cooperatively produced inventions to Federal agency employee inventors, the laboratories themselves, and the Treasury. Requires affected Federal agencies to report annually to the appropriate congressional committees on the income from and distribution of royalties. Directs the Secretary of Commerce to provide procedures, training, and advice to Federal laboratories on recognizing the commercial potential of new technologies and inventions. Requires the Secretary to report biannually to the President and the Congress on Federal agency participation in this program. Makes it the policy of the Government to encourage the commercialization of inventions by Federal or former Federal employees made by them during their Federal employment and exempts such efforts from otherwise applicable violations. Permits such an employee to retain title to an invention (subject to retention by the Government of a nonexclusive license) unless the agency intends to file a patent application itself in order to promote commercialization. Sets forth other permissible conditions on such an inventor's title. Part C: Protection of Proprietary Information - Exempts commercial and financial information that is proprietary or sensitive from the sunshine provisions applied to Federal agencies if the proprietor is notified of the request for release of the information and given 60 days to present arguments on why the information should be exempt. Title III: Export Promotion - Amends the Bank Holding Company Act of 1956 to increase, from five percent to ten percent, the percentage of shares that: (1) a bank holding company may hold in an export trading company; and (2) an Edge Act corporation may hold in an export trading company from five to ten percent. Increases the amount of credit that a bank owning stock in a bank holding company with investments in an export trading company may extend to an export trading company. Amends the Export Trading Company Act of 1982 to direct the Board of Directors of the Export-Import Bank to try to insure that a "significant share" (currently a "major share") of any loan guarantees ultimately serves to promote exports from small, medium-size, and minority businesses or agricultural concerns. Requires the Board to report to the Congress on implementation of such requirement within one year of its effective date. Directs the Secretary of the Treasury to develop a program consisting of mixed credit financing for exports to compensate for the effects of subsidized financing by U.S. trading partners. Declares that the Export-Import Bank should expand its promotion programs for small- and medium-sized banks. Amends the Federal Reserve Act to give Edge Act corporations the same discount and borrowing privileges as Federal Reserve banks. Repeals the limitation on bank investments in Edge Act corporations. Directs the Board of Governors of the Federal Reserve System to require periodic reports from every corporation of the total amount of capital stocks and paid up surplus of the corporation, the name of any stockholder who holds more than ten percent of the shares of the stock of such corporation, and the share holdings of such stockholder. Directs the U.S. Executive Director of each of the multilateral development banks to promote procurement opportunities relating to the assistance provided by such banks in recipient countries for U.S. firms. Sets forth actions the Executive Directors should take with respect to such opportunities. Declares that the Secretary of Commerce should continue to assign one foreign commercial service officer to the office of the U.S. Executive Director of the International Bank for Reconstruction and Development. Directs the Secretary of Commerce to assign such an officer on a part-time basis to each of the offices of the U.S. Executive Director of the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank. Requires the U.S. Ambassadors to those countries that are important trading partners of the United States to report annually to the President and to the Congress on their efforts to help U.S. industries in expanding export sales to, and improving their market positions in, such countries. Authorizes the seven Bell operating companies, effective September 1, 1986, to manufacture telecommunications equipment and customer premises equipment in the United States if specified conditions are met. Title IV: Foreign Corrupt Practices - Business Accounting and Foreign Trade Simplification Act - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Prohibits imposing criminal liability for failing to maintain such an accounting system. Prohibits imposing civil injunctive relief with respect to: (1) an issuer who fails to maintain the required accounting system if the issuer tried in good faith to meet the requirements; or (2) any person other than an issuer in connection with an issuer's failure to comply with such requirements, unless such person knowingly caused the issuer to fail to comply. Prohibits anyone from knowingly circumventing such an accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Securities and Exchange Commission to the Department of Justice jurisdiction to enforce the bribery prohibitions of the FCPA with respect to issuers. Revises the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made "directly or indirectly" to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments to such officials that are lawful under the foreign country's laws; (3) payments which constitute tokens of regard or esteem; (4) expenditures associated with selling, purchasing, or demonstrating goods; or (5) ordinary expenditures associated with performing a contract with a foreign government. Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act. Prohibits prosecution of a domestic concern or specified agents of such concern for violating the Federal mail or wire fraud provisions by making a payment to a foreign official if the prosecution is based on the theory that the official, by receiving the payment, violated a duty to or defrauded the foreign government or the citizens of a foreign country. Authorizes the Attorney General to issue guidelines specifying: (1) permissible conduct associated with common types of export sales arrangements; and (2) precautionary procedures which would create a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the opinion states that the conduct does not involve a violation. Directs the Attorney General to protect the confidentiality of materials submitted in the review procedure. Requires annual reports to the Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Title V: Related Tax Provisions - High Technology Research and Scientific Education Act of 1985 - Part A: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Part B: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses, and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporation's R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 7 October 1985
Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Congressional Budget Act of 1974 to eliminate the second concurrent resolution on the budget and thus provide for annual adoption of a single concurrent resolution on the budget (budget resolution). Sets forth maximum Federal budget deficit amounts for each of fiscal years 1986 through 1991 providing for the incremental reduction of the deficit to zero by 1991. Requires Old Age, Survivors and Disability Insurance (OASDI) revenues and expenditures to be included in the calculation of such deficit amounts. Prohibits either House of Congress from considering or adopting a budget resolution or a revision thereof providing for budget outlays exceeding revenues by more than the prescribed maximum deficit amount. Requires the Congress to complete action on any reconciliation bill or resolution to: (1) an original budget resolution by June 15 of each year; or (2) a revised budget resolution within 30 days after the revision is adopted. Provides that no amendment that would increase specific budget outlays or reduce specific revenues set forth in a budget resolution or reconciliation bill shall be in order in the House or the Senate, unless such amendment provides for offsetting adjustments in other outlays and revenues to ensure that the deficit set forth in the budget resolution is not increased or exceeded. Requires each Senate and House committee to report its subdivisions of allocated budget outlays and new budget authority within ten days of session after the budget resolution is agreed to. Makes it out of order for the House or the Senate, after the Congress has completed action on the budget resolution for a fiscal year, to consider legislation that, if enacted, would: (1) provide for or require budget outlays or new budget authority in excess of the appropriate committee allocation reported in connection with such resolution, unless legislation is favorably reported by the Committee on Appropriations of the House involved with a certification that the appropriate committee will take actions necessary to assure that enactment of such legislation will not result in a deficit exceeding the maximum deficit amount applicable; or (2) provide for new budget authority or spending authority or reduce revenues so that the resulting deficit would exceed the level set forth in such budget resolution or the applicable maximum deficit amount. Permits a congressional committee to report alterations to its reported allocations of budget outlays and authority, provided that such alterations are consistent with any actions taken by its House on legislation within its jurisdiction. Requires the conference report on any legislation providing new budget authority or new or increased tax expenditures to disclose the information required to be disclosed in committee reports on such legislation. Requires the Federal budget transmitted to the Congress by the President each year, and revisions thereof, to set forth levels of outlays and revenues resulting in a deficit not in excess of the applicable maximum deficit amount. Requires the Director of the Office of Management and Budget and the Director of the Congressional Budget Office: (1) to estimate the levels of total revenues and budget levels for each fiscal year; (2) to estimate the rate of real economic growth during that year; (3) to determine whether the deficit for such year will exceed the applicable maximum deficit amount and whether such excess is statistically significant; and (4) to submit a report to the President and the Congress specifying the amount of any excess, whether it is statistically significant, the estimated rate of real economic growth for that year, and the percentages by which automatic spending increases (excluding increases in OASDI benefits) and relatively controllable expenditures shall be reduced during such year in order to eliminate such excess. Requires the President, upon receiving such a report which identifies a statistically significant excesss, to issue an order which eliminates one-half of such excess by suspending or uniformly reducing (not below zero) automatic spending increases under Federal law for such year, and which eliminates the other half by sequestering amounts of budget authority, obligation limitations, and loan limitations, and by adjusting Federal payments, to the extent necessary to reduce each relatively controllable expenditure by a uniform percentage. Directs the President to send a message to both Houses of Congress identifying: (1) the total amount and the percentage by which automatic spending increases are to be reduced; (2) the amount of budget authority, obligation limitations, and loan limitations to be sequestered and payments to be adjusted for all, and each, relatively controllable expenditure; and (3) the account, department, establishment, project, or function affected by such revision of expenditures. Prohibits such an order from eliminating any Federal program, project, or activity. Directs the President to issue such order: (1) within 14 days after receiving such report if the estimate for real economic growth for the fiscal year is zero or greater; or (2) within 30 days if the estimate for real economic growth is less than zero. Authorizes the President, during such 30-day period, to submit to the Congress a joint resolution to: (1) reduce the deficit to an amount not exceeding the applicable maximum deficit amount; or (2) suspend the requirements of this Act for such fiscal year. Permits the President's message to the Congress to include alternative ways to reduce the deficit to an amount not exceeding the maximum deficit amount. Permits the Committee on the Budget of the House or the Senate, within ten days after the President has issued such an order, to report a joint resolution superseding such order. Makes it out of order for the House or the Senate to consider or agree to any such resolution which, if enacted, would cause the fiscal year deficit to exceed the deficit set forth in the budget resolution most recently agreed to, or the applicable maximum deficit amount. Sets forth House and Senate procedures for consideration of such a resolution. Amends the Social Security Act to provide that OASDI revenues and expenditures shall be excluded from the Federal budget transmitted by the President to the Congress and from the congressional budget, and shall be exempt from general budget limitations imposed on Federal expenditures and net lending. Prohibits any law enacted after enactment of this Act from providing for payments between the Treasury and the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund. Changes the date by which the President must submit to the Congress a supplemental summary of the budget for a fiscal year from July 16 to September 16. Waives specified provisions of this Act in any fiscal year for which a declaration of war has been enacted.
United States · United States Congress · 1 October 1985
Amends the copyright law to make permanent the prohibition against importing certain English language books not manufactured in the United States and Canada, denying copyright protection to books imported in violation of this restriction (the manufacturing clause).
United States · United States Congress · 19 September 1985
Federal Computer Systems Protection Act of 1985 - Amends the Federal criminal code to make it unlawful to knowingly obtain access or attempt to obtain access to a computer as part of a scheme to defraud or obtain money or property by false pretenses or to embezzle, steal, or convert the property of another if: (1) the computer is owned by, under contract to, or operated on behalf of the U.S. Government or a financial institution; or (2) if in committing or concealing the offense two or more computers are used which are located in different States or in a State and a foreign country. Makes it unlawful to knowingly and willfully without authorization damage, destroy, or attempt to damage or destroy such a computer or any computer programs or data contained in such a computer. Makes it a misdemeanor to intentionally without any authorization obtain access to such a computer. Provides that anyone who violates any provision of this Act shall forfeit to the United States any interest in any computer and computer program which has been used to commit the violation. Specifies that this Act does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a State or Federal law enforcement agency, or of an intelligence agency of the United States.
United States · United States Congress · 19 September 1985
American Footwear Industry Self-Help Act of 1985 - Directs the Secretary of Commerce (the Secretary) to estimate and publish annually the number of pairs of nonrubber footwear purchased in the United States (domestic consumption). Limits the percentage of nonrubber footwear that may be imported for such estimated domestic consumption during certain 12 month periods over five years. Directs the Secretary to allocate such import limitations among foreign countries, taking into consideration: (1) average levels of imports for the period 1978 through 1982; (2) findings of unfair trade practices with respect to nonrubber footwear products; (3) recent market trends; and (4) such other considerations as the Secretary deems appropriate. Directs the Secretary and the Secretary of the Treasury to take all necessary actions to enforce this Act. Authorizes the Secretaries to issue such implementing regulations as necessary to effect the purposes of this Act and to enforce its provisions.
United States · United States Congress · 19 September 1985
Family Education Assistance Act of 1985 - Amends the Internal Revenue Code to allow an individual taxpayer an income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, books, meals, lodging, travel, and personal expenses) at an institution of higher education or a vocational school of a child or another person with respect to whom the individual has been appointed guardian. Sets the maximum amount of the deductions for any taxable year at $1,000 for one eligible student, or $2,000 for two or more eligible students. Provides that the sum of the contributors' deductions may not exceed $1,000 annually per eligible student. Disallows deductions made before January 1, 1990, to an education savings account established for the benefit of an individual who has attained age 22 before the close of the calendar year in which such contribution is made. Disallows deductions made on or after January 1, 1990, to an account for the benefit of an individual who has attained age 19 before the close of the calendar year in which such contribution is made. Provides that no account may have more than one beneficiary and that no individual may be the beneficiary of more than one account. Requires assets in an education savings account be distributed after the individual for whose benefit the account is established attains age 27. Includes distributions from an education savings account in the gross income of the recipient except for: (1) distributions used to pay educational expenses; (2) distributions to another education savings account or to an eligible educational institution; and (3) excess contributions returned before the due date of the return of the individual making the excess contribution. Provides that an education savings account is exempt from taxation except for the tax on unrelated business income. Revokes the tax exemption of the account where the individual for whose benefit the account is established or an individual who contributed to such account engages in certain prohibited transactions with the account. Imposes a penalty tax of ten percent on the distribution of amounts which are improperly used. Requires the trustee of an education savings account to file reports with the Secretary of the Treasury on the maintenance of the account. Imposes a penalty for failure to file required reports. Extends the deduction for contributions to an education savings account to taxpayers who do not otherwise itemize deductions. Provides that contributions to an education savings account are not subject to the gift tax.
United States · United States Congress · 18 September 1985
Grand Jury Disclosure Amendments Act of 1985 - Amends the Federal Rules of Criminal Procedure to permit the disclosure of grand jury materials to government attorneys and personnel for use in the performance of government duties for civil purposes without a court order. Permits personnel to whom disclosure of grand jury material has been made for criminal purposes to utilize that material to assist a government attorney in enforcing civil law matters. Allows the disclosure of grand jury matters otherwise prohibited when so directed by a court upon the showing of particularized need, preliminarily judicial proceedings. Allows the disclosure of grand jury matters, when permitted by a court at the request of a government attorney upon a showing that such matters may disclose a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such law.
United States · United States Congress · 18 September 1985
Debt Collection Act Amendments of 1985 - Authorizes the Attorney General to make contracts retaining private counsel to furnish collection services in the case of any claim of indebtedness owed the United States. Includes as collection services representation in negotiation, compromise, settlement, and litigation. Declares the following laws and regulations inapplicable to contracts entered into under this Act: (1) the Federal Property and Administrative Services Act of 1949; (2) the Contract Disputes Act of 1978; and (3) the Federal Acquisition Regulations. Declares that the Attorney General's contracting decisions shall be unreviewable in any court or administrative body. Authorizes executive or legislative agencies, subject to the Attorney General's approval, to refer claims of indebtedness to a private counsel retained under this Act. Sets forth provisions to be included in contracts made with private counsel. Declares that a private counsel performing collection services shall be considered a debt collector for purposes of the Fair Debt Collection Practices Act. Requires agencies to include activities conducted under this Act in annual reports on debt collection activities.
United States · United States Congress · 18 September 1985
Program Fraud Civil Penalties Act of 1985 - Establishes penalties and assessments to be imposed against any person who knowingly makes a false claim or statement to: (1) an authority of the United States; (2) a recipient of property, services, or money from such authority; (3) a party to a contract with such authority; or (4) any State. Declares that such penalties and assessments are in addition to criminal and civil penalties and assessments provided by other laws. Directs the investigating official of a Federal authority to investigate allegations that a person made a false claim or statement and to report findings to the reviewing official designated for that authority. Directs the reviewing official to refer such allegations to a hearing examiner for that authority upon determining there is adequate evidence to believe that the person is liable for a penalty or assessment. Requires the authority head, prior to notifying the hearing examiner, to notify the Attorney General of any intention to initiate a hearing. Allows the authority head to initiate a hearing if the Attorney General approves it or does not disapprove it within 90 days. Prohibits the referral of allegations to a hearing examiner if the Attorney General transmits a statement disapproving referral. Authorizes the Attorney General, by written statement, to stay any hearing already in progress if such hearing adversely affects a pending or potential civil action related to a fraudulent claim. Prohibits the referral of allegations to a hearing examiner when a fraudulent claim exceeds $100,000. Specifies the authority of the investigating official and the official conducting the hearing, and the procedure for judicial review of the determination reached in the hearing. Authorizes the Attorney General to commence a civil action to recover a penalty or assessment determined by such a hearing. Authorizes the authority head to settle a final penalty or assessment determined by hearing. Grants the Attorney General exclusive authority to settle a claim subject to judicial review or collection procedures. Specifies time limitations for commencing a hearing concerning a false statement or claim and for commencing an action to recover any penalty or assessment. Requires each investigating official to report annually to the authority head on actions taken under this Act during the most recent 12-month period ending September 30. Requires the transmission of such reports to the appropriate congressional committees.
United States · United States Congress · 18 September 1985
False Claims Act Amendments of 1985 - Amends the False Claims Act to increase the civil penalties for false claims. Provides that "knowing," for purposes of the prohibition concerning false claims means that the defendant: (1) had actual knowledge; or (2) had constructive knowledge, in that the defendant acted in reckless disregard of the truth. Defines "claim" to include any request or demand whether under a contract or otherwise for money or property made to a contractor or grantee if the Government provides any portion of such money or property or if the Government will reimburse such contractor or grantee for any portion of such money or property. Allows the Attorney General to apply for provisional relief to any U.S. District Court having jurisdiction whenever there is reasonable cause to believe that a false claim has been made. Revises the statute of limitations for a false claims civil action to allow such an action to be brought within three years from when the material facts became known or should have become known to the official within the Department of Justice charged with the responsibility to act in the circumstances. Establishes as the burden of proof in civil false claim cases proof by a preponderance of the evidence. Provides that a final judgment rendered in favor of the United States in any criminal proceeding charging fraud or false statements shall prohibit the defendant from denying the essential elements of the offense in any civil action concerning false claims. Allows a civil action concerning false claims to be brought in the judicial district where the defendant (or, in the case of multiple defendants, where any one defendant) is found, resides, transacts business, or where the violation allegedly occurred. Provides that the U.S. Court of Claims shall also have jurisdiction of any such action if the action is asserted by way of counterclaim by the United States. Authorizes the Attorney General to conduct False Claims Act investigations for the purpose of ascertaining whether any person has been engaged in any violations of a False Claims Act law. Provides that prior to the institution of a civil proceeding the Attorney General may require any person who may be in possession or control of any documentary material or who may have information relevant to a False Claims investigation to produce such documentary material for inspection, to answer written interrogatories, or to give oral testimony. Authorizes the Attorney General to issue in writing and cause to be served upon a person a civil investigative demand requiring the production of such information. Sets forth standards and procedures for the issuance and service of a civil investigative demand. Sets forth standards and procedures for the uses of any information obtained through a civil investigation.
United States · United States Congress · 18 September 1985
Anti-Fraud Criminal Enforcement Act of 1985 - Authorizes the Defense Contract Audit Agency of the Department of Defense to administer oaths and request by subpoena the production of all documents, reports, records, and other materials made or maintained by any contractor receiving over $100,000 in any one year pursuant to a contract or subcontract. Sets forth criminal sanctions against anyone who attempts to influence, obstruct, or impair with the intent to deceive or defraud a Federal auditor in the performance of official duties in relation to a contractor receiving $100,000 from the United States in any one year period. Provides that the plant, employees, and books of a contractor or subcontractor furnishing goods, equipment, or services to an agency of the United States shall be subject at all times to inspection, interview, and audit by such agency. Allows the Attorney General to seek injunctive relief against any person believed to be engaged in a fraud or a conspiracy to defraud the United States. Authorizes a Federal court to require a defendant, upon conviction of a fraud or a conspiracy to defraud the United States, to pay the costs of investigation and prosecution. Disallows as costs in a Government contract any costs incurred in the defense of any criminal or civil fraud investigation or litigation brought by the United States against a contractor. Provides that within three years after the expiration of the five-year statute of limitations, a prosecution for fraud or breach of fiduciary obligation may be still brought against a Government contractor within one year after the facts relating to the offense became known to, or reasonably should have been known by, the Federal public servant responsible to act in such circumstances.
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
Education Technology Act - Title I: Evaluations, Dissemination, and Instructional Models - Directs the National Institute of Education (NIE) and the National Science Foundation (NSF) to jointly: (1) evaluate available computer hardware and software in terms of its usefulness in the classroom; and (2) disseminate the results of such evaluation to State and local educational agencies (SEAs and LEAs). Requires, where appropriate, such evaluation to include assessment of the usefulness of computer hardware and software to serve the special needs of certain special populations described under title II of this Act and of the extent to which the software promotes computer use by students of both sexes. Directs NIE and NSF to carry out such evaluation and dissemination functions under grants to or contracts with non-Federal agencies and private nonprofit institutions or organizations. Authorizes appropriations for FY 1986 through 1995 to NSF and NIE for such purpose. Directs NSF to conduct, assist, and foster research and experimentation on, and dissemination of, models of instruction in the operation and use of computers, educational computer software, and curriculum materials. Requires that this be done through grants to or contracts with professional educational, scientific, or engineering organizations, science museums, regional science education centers, public television, SEAs and LEAs, and institutions of higher education, including community colleges. Directs the NSF, in selecting such entities for such grants or contracts, to give priority to those proposals involving specified types of programs (including, among others, programs involving computer libraries, networks, personal microcomputers, or video disc systems). Permits funds available under such grants or contracts to be used to acquire computer hardware and software and manuals for its use. Requires the NSF Director to: (1) report to the Congress annually on the results of such research and experimentation; and (2) in conjunction with NIE, take steps necessary to disseminate information concerning such results to SEAs and LEAs. Authorizes appropriations for FY 1986 through 1995 for such purposes. Subjects the authority to enter into contracts for such purposes to the availability of appropriations therefor. Title II: Teacher Training Institutes - Directs the NSF, with the cooperation of Federal and other appropriate agencies, to arrange for the development and operation of short-term or regular session institutes for advanced study to improve the qualifications of individuals who teach the operation and use of new and evolving technologies (or individuals who are preparing to do such teaching, or who supervise or train such teachers). Requires that this be done through grants to or contracts with the types of entities described under the provisions for research and experimentation in computer instructional models under title I of this Act. Sets forth provisions relating to special populations (as referred to under title I of this Act). Directs NSF, in making such teacher training grants or contracts, to give special consideration to institutes training teachers (or their supervisors or trainers) who are serving or preparing to serve in elementary and secondary schools enrolling substantial numbers of culturally, economically, socially, and educationally handicapped youth or in programs for children of limited English language proficiency. Requires training program applications to indicate that a portion of the funds will be used to instruct enrollees in methods to ensure equal access to and the use of the computer by students from underserved groups, including female students. Makes individuals who attend such teacher training institutes eligible to receive stipends. Authorizes appropriations for FY 1986 through 1995 to carry out this title. Title III: Acquisition of Computer Hardware - Directs the Secretary of Education to allocate assistance from funds under this title to LEAs for the acquisition of computer hardware for use in school classrooms. Directs the Secretary to allocate to SEAs, from five percent of the funds under this title, assistance for monitoring and enforcement. Bases the allocation to LEAs on the number of children aged five to 17 in their school districts, but reduces such allocations to the extent that such assistance has been or would be in excess of the amount necessary to acquire one unit of computer hardware for each 30 children in average daily attendance at an LEA's schools. Sets forth required contents of LEA applications for such assistance. Sets forth requirements relating to SEA approval of such applications. Sets forth State responsibilities, including State applications relating to such assistance, SEA hearings before final disapproval of any LEA application, general administrative responsibilities, and SEA reports to the Secretary. Sets forth requirements relating to the participation of children from private schools. Requires LEAs to provide for such participation, but allows the Secretary to waive such requirement and arrange for provision of such assistance directly, under specified conditions. Authorizes appropriations for FY 1986 through 1988 to carry out this title.
United States · United States Congress · 18 September 1985
Urges the President to bring about a new round of multilateral trade negotiations within the framework of the General Agreement on Tariffs and Trade (GATT) to resolve the outstanding issues affecting international trade and to expand and revise the scope of the GATT.
United States · United States Congress · 17 September 1985
Freedom of Information Public Improvements Act of 1985 - Title I: Amendments to the Freedom of Information Act - Amends the Freedom of Information Act to require each agency, with respect to requests for records, to maintain a log of such requests and responses. Requires each agency to organize and maintain its records in a manner to make them easily accessible and retrievable. Revises provisions regarding fees and waivers for processing such requests. Requires the Archivist of the United States to promulgate guidelines for a uniform schedule of fees for all agencies. Authorizes the appropriate district court to assess monetary penalties against the United States for unwarranted failure to comply with time limits for answering requests. Revises provisions relating to sanctions for such agency noncompliance. Requires that copies of recommendations on disciplinary action for any Federal employee responsible for wrongful noncompliance be submitted additionally to the court and to the House Committee on Government Operations and the Senate Committee on the Judiciary. (Currently, such report is submitted only to the agency and the employee or the employee-representative.) Requires each agency to expedite access to records if the requester demonstrates a compelling need. Requires agencies to include in regulations concerning information disclosure a detailed description of the procedure used to process requests. Includes as information exempt from disclosure: (1) matters which would cause identifiable damage to the national defense; and (2) matters in which the need to protect the information outweighs the public interest. Changes the disclosure exemption for internal personnel rules and practices to an exemption for law enforcement manuals that are internal in nature to the extent that disclosure would risk circumvention of an agency investigation, a regulation, or a statute. Revises the exemption for financial reports by prohibiting disclosure if it would directly injure the financial stability of an institution. Directs each agency to make available to the public a complete list of all statutes determined to authorize the agency to withhold information under the disclosure exemption. Requires each agency, upon notification of the introduction of any bill or resolution constituting authority for that agency to withhold information, to notify the House Committee on Government Operations and the Senate Committee on the Judiciary. Prohibits the withholding of information in order to conceal violations of law, inefficiency, or administrative error. Directs the Archivist of the United States to supervise compliance with the Freedom of Information Act. Changes the date of the annual report by agencies under such Act from March 1 to December 1. Revises information to be included in such report to conform to amendments made by this Act. Directs the Archivist to submit an annual report on or before December 1 on activities under the Freedom of Information Act. (Currently, the Attorney General makes such annual report on March 1.) Title II: Recovery of Wrongfully Removed Agency Files - Authorizes any person to commence civil action to recover agency records removed in violation of law.
United States · United States Congress · 12 September 1985
Eliminates the requirement that individuals who are owner-employees with pension or profit-sharing plans (Keogh plans) must file a specified informational return (form 5500-c) in order to comply with certain provisions of the Internal Revenue Code. Requires the Secretary of the Treasury to prescribe a simplified information return.
United States · United States Congress · 10 September 1985
Amends the Impoundment Control Act of 1974 to provide that budget authority proposed to be rescinded or reserved in a special message transmitted to the Congress by the President shall be made available for obligation unless the Congress completes action within a specified period on a rescission bill disapproving the rescission of such authority.
United States · United States Congress · 10 September 1985
Amends the Internal Revenue Code to provide that the tax treatment of loans with below market interest rates (i.e. the imputed interest rules) shall not apply to any obligation issued by the State of Israel.
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 · 4 September 1985
Amends the Fair Labor Standards Act of 1938 to exclude the employees of States and local governments from the provisions of that Act relating to maximum hours. Revises the definition of "employee" under that Act to exclude any volunteer for a State, local, or interstate public agency, even if such volunteer is paid expenses or a nominal fee to perform the voluntary services.
United States · United States Congress · 30 July 1985
Amends the Communications Act of 1934 to direct the Federal Communications Commission to: (1) establish regulations necessary to ensure access (currently, reasonable access) to telephone service by persons with impaired hearing; and (2) require that all telephones (currently, essential telephones) provide internal means for effective use with hearing aids specially designed for telephone use. Repeals a provision directing the Commission to consider the costs and benefits to all telephone users when making rules concerning telephone service for the disabled.
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 · 16 July 1985
Allows the State of Wisconsin to use the proceeds of tax-exempt veterans' mortgage bonds for the purpose of acquiring or replacing mortgages of veterans who were unable to obtain veterans' bond financing because of a court challenge to the constitutionality of such State's borrowing power.
United States · United States Congress · 10 July 1985
Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to allow a civil action to be brought by a plaintiff only when the private suit rests on an injury caused by conduct that led to the defendant's conviction of one of the predicate offenses listed in the statute or of a criminal violation of RICO itself. Requires the plaintiff to bring such action within one year of the defendant's conviction.
United States · United States Congress · 27 June 1985
Tax Exemption Equity Act of 1985 - Amends the Internal Revenue Code to deny status as a tax-exempt organization to organizations which directly or indirectly perform or finance abortions. Denies the income, estate, and gift tax charitable contribution deductions for amounts contributed to such organizations.
United States · United States Congress · 25 June 1985
States that the Congress supports the Ethiopian people in their efforts to end the policy of genocide conducted by the government of Ethiopia and calls upon such Government to agree to a ceasefire and to begin negotiations with the opposition leading to the establishment of a government of national reconciliation. Prohibits both the importation into the United States of Ethiopian goods and services and, except for emergency relief assistance, the exportation of U.S. goods and services to Ethiopia until such time as the President determines that the Ethiopian regime has ceased to conduct a policy of starvation of its people and has granted them fundamental human rights and the Congress has enacted a joint resolution approving such determination. Requires the President to suspend all economic assistance and to deny any security assistance to the Government of Ethiopia. Requires the President to submit a report to the Congress on the progress by the Ethiopian regime to end such policies.
United States · United States Congress · 18 June 1985
Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to immediately suspend (without notice or hearing) the right of any air carrier or foreign air carrier to engage in foreign air commerce to and from a nation in which a commercial passenger aircraft has been unlawfully seized by persons who boarded it in one of the nation's airports. Requires the Secretary (in consultation with the Secretary of State) to suspend the right of any foreign carrier to engage in foreign air transportation if it provides transportation to a foreign airport at which tightened security measures have not been implemented within 48 hours of an unlawful air carrier seizure. Provides that, if a nation does not implement certain minimum security measures within 30 days after the Secretary's notification that such steps are necessary, the Secretary is authorized to: (1) revoke or impose conditions upon the operating authority of that nation's airlines; and (2) suspend the right of air carriers or aircraft operators to engage in foreign air transportation to or from such nation. Requires the Secretary to report to the Congress regarding the sanctions imposed upon a non-compliant nation. States that the Secretary's authority to impose conditions upon an airline's operating authority or upon an air carrier's transportation rights shall be deemed to be a condition to any certificate to engage in foreign air commerce. Imposes civil penalties upon air carriers or aircraft operators who engage in foreign air transportation in violation of this Act.
United States · United States Congress · 12 June 1985
Copyright Royalty Tribunal Sunset Act of 1985 - Terminates the Copyright Royalty Tribunal, effective with the enactment of this Act. Transfers the authority concerning the distribution of royalty fees to the Register of Copyrights.
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 · 12 June 1985
Risk Assessment Research and Demonstration Act of 1985 - Directs the President to establish coordinated projects which shall be designed to: (1) improve the use of risk assessment within Federal agencies mandated by law to protect life, health, and the environment; (2) develop a systematic approach to the use of risk assessment by Federal agencies; (3) identify research needed to improve risk assessment; and (4) bring public awareness to the nature of regulated risks. Describes risk assessment as the use of factual bases to quantify the effects of exposure to potentially hazardous materials and situations. Directs the President to designate an appropriate scientific advisory agency to coordinate the projects. Directs such agency to submit a report to the Congress which includes: (1) a review of the risk assessments presently being carried out in Federal agencies; (2) recommendations for sharing research results among Federal agencies; (3) a proposal for the risk assessment demonstration projects required by this Act to be undertaken by specified Federal agencies; and (4) identification of the areas where the use of the results of a risk assessment is required, encouraged, limited, or prohibited by current law, regulation, or practice. Requires specified Federal agencies to recommend to the coordinating agency research projects relating to risk assessment. Directs the coordinating agency to report to the Congress with recommendations concerning risk assessment.
United States · United States Congress · 6 June 1985
Designates the United States Post Office Building at 300 Packerland Drive, Green Bay, Wisconsin, as the John W. Byrnes Post Office and Federal Building.
United States · United States Congress · 6 June 1985
Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to revise provisions relating to the disbursement of guaranteed student loans. Requires that such loans be disbursed by check and either: (1) sent to the eligible institution the student attends or plans to attend, and made payable to the order of the student; or (2) in the case of auxiliary loans, sent to the borrower and made payable to the order of the borrower, with the endorsement of the borrower required, and with the lender or guarantee agency required to notify such institution of such disbursement. Requires multiple disbursement of guaranteed student loans. Repeals specified provisions relating to incentives for the making of multiple disbursements. Makes conforming amendments. Extends the grace periods for repayment of federally insured student loans and guaranteed student loans from six months to nine months. Restricts eligibility for student assistance under HEA to citizens, nationals, and permanent resident aliens of the United States, with specified exceptions. Directs the Secretary of Education to evaluate the feasibility and efficiency of permitting students to establish lines of credit with eligible lenders, under the federally insured student loan and guaranteed student loan programs under part B (Federal, State, and Private Programs of Low-Interest Insured Loans to Students in Institutions of Higher Education) of title IV of HEA, that cover more than one year of attendance at an institution of higher education. Requires that such evaluation: (1) determine the extent of administrative cost reduction under such an arrangement; and (2) be conducted in consultation with institutions of higher education and eligible lenders. Directs the Secretary, within six months after the date of enactment of this Act, to report to the Congress on the results of such evaluation, with recommendations.
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 · 5 June 1985
Authorizes the Administrator of Veterans Affairs to modify certain land use conditions with respect to real property conveyed to Milwaukee County, Wisconsin, by the Administrator.
![Official portrait of Rep. Sensenbrenner, F. James, Jr. [R-WI-5]](https://www.congress.gov/img/member/s000244_200.jpg)