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![Official portrait of Rep. Zschau, Edwin V. W. [R-CA-12]](https://www.congress.gov/img/member/z000014_200.jpg)
United States · Official source
304 records where Rep. Zschau, Edwin V. W. [R-CA-12] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 20 March 1986
Proclaims the week of June 15, 1986, as National Agricultural Export Week.
United States · United States Congress · 18 March 1986
Directs the Secretary of the Interior, acting through the Director of the National Park Service, to conduct a study of the proper minimum altitude which should be maintained by aircraft flying over areas within units of the national park system. Directs the Secretary of Transportation, acting through the Federal Aviation Administration, to provide technical assistance to the Secretary of the Interior for such study. Requires the Secretary of the Interior to report to the Congress within two years after enactment of this Act regarding the study results. Authorizes appropriations.
United States · United States Congress · 18 March 1986
Tax-Exempt Bond Reform Act of 1986 - Amends the Internal Revenue Code to replace the term "industrial development bonds" with the new term "quasi-governmental bonds." Defines "quasi-governmental bond" as any obligation: (1) which is issued as part of an issue more than 25 percent of the net proceeds of which are to be used directly or indirectly in any trade or business carried on by any person other than a governmental unit; and (2) the payment of the principal or interest on which is, to the extent of more than 25 percent, secured by an interest in property used or to be used in a trade or business or in payments with respect of property, or to be derived from payments in respect of property, or borrowed money, used or to be used in trade or business. Sets forth rules concerning the use of proceeds in ways which will not be considered to be used in a trade or business carried on by other than a governmental unit. Provides that an issue of obligations will not be treated as quasi-governmental bonds if 95 percent or more of the proceeds are to be used to provide projects for residential rental or limited-equity cooperative property if certain conditions are satisfied. Provides that certain issues will not be treated as quasi-governmental bonds if 95 percent or more of the net proceeds of the issue are used for certain specified activities. Provides that when 95 percent or more of the net proceeds of an industrial park or small issue are used for such purposes, then the bonds are tax-exempt. Repeals the termination date for the small issue industrial development bond exemption. Sets forth the definition of "principal user" for purposes of certain facilities. Provides that obligations where 95 percent of the proceeds are to be used by nonprofit organizations in activities which do not constitute unrelated trade or businesses shall not be treated as quasi-governmental bonds. Provides that qualified mortgage bonds, qualified veterans' mortgage bonds, qualified student loan bonds, and qualified tax-increment bonds will not be treated as quasi-governmental bonds. Modifies the requirements with respect to tax-exempt bonds used for low-income housing involving residential or limited-equity cooperative property. Makes other modifications with respect to quasi-governmental bonds. Modifies the definition of "arbitrage bond" for purposes of determining the tax-exemption for such bonds. Repeals the exception for obligations used for educational institutions. Makes modifications in certain special rules relating to arbitrage bonds. Provides that certain irrigation dams shall be treated as air or water pollution control facilities if certain conditions are met for purposes of quasi-governmental bonds. Makes modifications with respect to qualified scholarship funding bonds, federally guaranteed obligations, and qualified steam generating or alcohol producing facilities. Provides that an obligation is federally guaranteed if more than five percent of the net proceeds of such issue is used to make loans guaranteed by the Federal Government or invested in federally insured deposits. Requires public approval for quasi-governmental bonds. Requires certain informational reporting to the Secretary of the Treasury with respect to quasi-governmental bonds. Substitutes the term "quasi-governmental" for the term "private activity". Increases the dollar amount of the State ceiling on quasi-governmental bonds to $225 multiplied by the State's population or $260,000,000. Provides special rules for allocating the volume cap with respect to States with constitutional home rule cities. Modifies the refunding rules with respect to student loan bonds, qualified mortgage bonds, and qualified veterans' mortgage bonds. Substitutes the term "private loan bonds" for the term "consumer loan bonds." Requires that more than five percent of the net proceeds of the issue must be used for certain purposes in order to be classified as private loan bonds. Makes various modifications in the definition and requirements for qualified student loan bonds and tax-increment bonds. Provides that the tax-exempt status of an obligation issued for the purpose of the advance refunding of a tax-exempt obligation or quasi-governmental bonds will not be allowed unless certain conditions are satisfied. Provides rules for the change in use or ownership of facilities financed by certain tax-exempt obligations. Defines "net proceeds" to mean the proceeds of an issue reduced by insurance costs and a reasonably required reserve and replacement fund. Makes certain changes in the provisions concerning the mortgage credit certificate program. Directs the Secretary of the Treasury to amend the regulations relating to the arbitrage requirements to eliminate the provision which permits a higher yield on purpose obligations if the issuer elects to waive the benefits of the temporary period provisions. Provides a penalty for failure to file certain reports on compliance with the qualified residential project rules. Makes certain technical and conforming amendments to the Internal Revenue Code and to the securities laws. Provides that, generally, the effective date for these provisions will apply to obligations issued after the date of enactment of this Act. Sets forth other effective dates for specific provisions. Provides that tax-exempt financing of low income housing, or of water, sewer, and solid waste facilities will not effect the depreciation of such property. Prohibits the deduction of interest expenses of financial institutions allocable to tax-exempt securities. Sets forth the formula for making such allocation. Provides that a certain percentage of tax-exempt interest received by an insurance company shall be subtracted from the amount of losses incurred by the company in calculating taxable income. Provides that an individual is not required to report on tax returns either the tax-exempt interest received or the receipt of State and local tax payments.
United States · United States Congress · 11 March 1986
Designates 1988 as the Year of New Sweden.
United States · United States Congress · 5 March 1986
Designates the week beginning on October 5, 1986, as Mental Illness Awareness Week.
United States · United States Congress · 27 February 1986
Designates March 21, 1986, as National Energy Education Day.
United States · United States Congress · 19 February 1986
Designates the week of May 25 through May 31, 1986, as Critical Care Week.
United States · United States Congress · 6 February 1986
General Aviation Tort Reform Act of 1986 - Amends the Federal Rules of Civil Procedure to provide uniform rules for negligence and products liability claims arising from general aviation accidents. Allows any person claiming damages from such an accident to bring a products liability action against the general aviation manufacturer if: (1) the product was defective when it left the control of the manufacturer; (2) the defective condition was the proximate cause of the harm; (3) the condition would not have been corrected by actions described in directives issued by the Federal Aviation Administration (FAA) or the manufacturer; and (4) the aircraft was being used for a purpose and in a manner for which it was manufactured. Provides an alternative method to establish manufacturer liability where the manufacturer failed to provide reasonable warnings (unless such warnings would not have affected the conduct of the product user). Provides a third method to establish manufacturer liability where: (1) the manufacturer made an express warranty with respect to the product; (2) the warranty related to that aspect of the product which caused the harm; (3) the product failed to conform to the warranty; and (4) such failure was the proximate cause of the harm. States that all actions for damages arising from a general aviation accident shall be governed by the principles of comparative responsibility. Provides that defendants in such actions are severally but not jointly liable for damages (except that manufacturers of airframes and systems or components of aircraft may be jointly and severally liable under certain circumstances). Provides a 12-year limitation on liability of manufacturers. States that express warranties running for a longer period of time and the duty to provide additional warnings shall not be affected by such limitations. Allows awards of punitive damages. Prescribes a statute of limitations for such actions. Preempts State laws to the extent that this Act establishes applicable rules or procedures. Grants Federal district courts (concurrently with State courts) original jurisdiction (without regard to the amount in controversy) in all civil actions for damages arising out of a general aviation accident. Allows the removal of State actions to an appropriate Federal district court by any defendant. Prescribes venue restrictions. Expresses the intent of the Congress that orders to pay reasonable expenses, including attorney's fees, be enforced.
United States · United States Congress · 4 February 1986
Designates the month of November 1986 as National Alzheimer's Disease Month.
United States · United States Congress · 4 February 1986
Designates the week of September 7 through September 13, 1986, as National Independent Retail Grocer Week.
United States · United States Congress · 29 January 1986
Intellectual Property Antitrust Protection Act of 1986 - Provides that agreements to convey rights to use, practice, or sublicense a patented invention, rights to use or sublicense a trade secret, or rights in a copyrighted work or mask work shall not be deemed to be illegal per se under the antitrust laws. Limits the amount a person may recover in an antitrust claim based on such an agreement to the actual damages sustained (total damage sustained in a State action), specified interest, and the cost of suit, including a reasonable attorney's fee.
United States · United States Congress · 21 January 1986
Directs the President to convene a domestic economic summit conference concerning the economic situation created by large Federal deficits. Requires the conference to report to the Congress a comprehensive plan to reduce projected deficits.
United States · United States Congress · 19 December 1985
Pharmaceutical Export Amendments of 1986 - Amends the Federal Food, Drug, and Cosmetic Act to permit the export of certain drugs (including biological products) intended for human or animal use even though such drugs have not been approved or licensed for use in the United States. Directs the Secretary of Health and Human Services to establish and update a two-tiered list of countries with adequate governmental health authorities which in the first tier includes developed regulatory procedures and tests with experienced scientific personnel and in the second tier includes sufficient ability to assure consistency of labeling information. Permits shipments to nonlist countries if differing health conditions there make such shipments desirable, e. g. tropical diseases. Permits the export of an unapproved drug to a second tier country if such drug is approved for use in any first-tier country and not banned for use in any first-tier country. Prohibits the export of drugs denied approval on the basis of safety and efficacy or whose manufacture in the United States has been determined to be contrary to U.S. health and safety. Sets forth other criteria and restrictions on the export of such drugs, including notice requirements on shipments and notice of and opportunity to cure deficiencies in such shipments. Permits the Secretaries of Agriculture and Health and Human Services to prohibit noncomplying shipments and shipments otherwise permitted if either Secretary determines a shipment would present an imminent hazard to the public health of the recipient country. Requires the Comptroller General to report biennially to the Secretary of Health and Human Services and the Congress on the extent to which drugs unauthorized for a country are being received by such country and the extent to which labeling is consistent. Directs the Secretary to contract for a study to be submitted to the Congress within five years on the economic and international health impact of this Act. Includes conditions prevalent in a developing country among the criteria for orphan drugs.
United States · United States Congress · 19 December 1985
Expresses the sense of the House of Representatives that: (1) the President should continue to express to the Soviet Union U.S. opposition with respect to the harassment and arrests of Hebrew teachers and Jewish activists in the Soviet Union; and (2) the Soviet Union should comply with its commitments under specified international human rights agreements and cease its persecution of individuals on the basis of their Jewish faith.
United States · United States Congress · 18 December 1985
Amends rule XV of the Rules of the House of Representatives to prohibit the House from passing or adopting any bill or joint resolution making appropriations or providing revenue except by a rollcall vote.
United States · United States Congress · 12 December 1985
Richard M. Nixon National Historic Site Act - Authorizes the Secretary of the Interior to acquire specified California lands and establish the Richard M. Nixon National Historic Site. Requires the Secretary to list Richard M. Nixon's former law office on the National Register of Historic Places, if it meets specified criteria.
United States · United States Congress · 12 December 1985
Designates the first Friday of May of each year, commencing with May 2, 1986, as National Teachers Appreciation Day.
United States · United States Congress · 11 December 1985
Amends the State Department Basic Authorities Act of 1956 to direct the Secretary of State to impose on the members of the foreign mission of a Soviet Bloc country restrictions on travel which are essentially equivalent to those imposed on members of the Soviet Union's foreign mission. Authorizes the Secretary to waive such restrictions if it is in the national interest. Requires the Secretary to report to the Congress on each waiver and on the implementation of this Act.
United States · United States Congress · 10 December 1985
Calls upon the President to direct the Agency for International Development to work in a global effort to provide universal access to childhood immunization by 1990 by: (1) assisting in the delivery, distribution, and use of vaccines; and (2) performing and supporting research and development activities that will be targeted at developing new vaccines and at modifying existing vaccines to make them more appropriate for use in developing countries. Declares that the President should appeal to the public to provide the necessary resources to achieve universal access to childhood immunization by 1990. Amends the Foreign Assistance Act of 1961 to increase the authorization of appropriations for FY 1987 for the Child Survival Fund.
United States · United States Congress · 21 November 1985
Declares that the Congress congratulates President Reagan on the success of his summit meeting with Soviet General Secretary Gorbachev.
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 · 12 November 1985
Declares that the Congress: (1) notes the pledge of President Marcos for free and fair elections in the Philippines; and (2) believes that in order to provide for an honest election that will be deemed credible to the Philippine people, it is important that they determine the timing of such election in accordance with the Philippine Constitution, appoint an impartial Commission on Elections, and provide accreditation of the election, access to the media for both sides, and neutral conduct by the Philippine military.
United States · United States Congress · 7 November 1985
Expresses the sense of the House of Representatives that the President should: (1) protect the human rights of Miroslav Medvid by not allowing his removal from the United States until a complete investigation can determine whether he has been accorded all rights due him as a possible defector, and until he is accorded such rights; (2) Mr. Medvid is afforded an interview on U.S. soil, with an interpreter fluent in Ukrainian, in an environment free of intimidation and without the presence of Soviet authorities so that he may freely decide whether to restate and have granted his initial asylum request; and (3) pursue an active and impartial investigation into the Medvid case in order to avoid a similar situation in the future.
United States · United States Congress · 6 November 1985
Declares that the Congress: (1) condemns all acts of terrorism (specifically the hijacking of the Achille Lauro and the murder of Leon Klinghoffer); (2) commends the President and members of the U.S. armed forces who apprehended such hijackers and murderers; and (3) calls on all governments who have jurisdiction over such incident to insure that such perpetrators are prosecuted and punished. Declares that the Congress recommends that the President review the options and authorities under existing law for combating terrorism. Provides that, in order to increase the effectiveness of the U.S. counterterrorism efforts, the President should establish a unified policy to combat terrorism. Declares that the Congress urges the President: (1) to raise international public awareness with respect to terrorism by proposing to place this matter on the agenda of the Geneva Summit between the President and Mikhail Gorbachev, the 40th U.N. General Assembly, the International Maritime Organization, and other subsequent international meetings; and (2) to seek the acceptance by all governments that terrorism is an international crime. Urges the President to seek to establish an international coordinating committee on terrorism. Sets forth what such committee should be charged with in regard to handling such terrorism. Urges the President to propose to the Congress ways (including those proposed by the Inman Advisory Panel on Overseas Security) to improve the security of U.S. citizens abroad.
United States · United States Congress · 6 November 1985
Expresses the sense of the Congress that there should be no increase in individual income tax rates.
United States · United States Congress · 31 October 1985
Anti-Terrorism Trade Preference Act of 1985 - Directs the Secretary of State to identify and publish the name of each country that repeatedly supports acts of international terrorism. Requires the Secretary to provide the Congress with a list of such countries annually. Imposes the following sanctions on countries identified as supporting international terrorism: (1) termination, withdrawal, or suspension of any treaty that relates to most-favored-nation treatment of such country; (2) denial of most-favored-nation treatment and imposition of column 2 tariff rates on imports from such countries; (3) non-application of the Generalized System of Preferences on imports from such countries; and (4) non-application of the provisions of the Caribbean Basin Economic Recovery Act with respect to the products of such countries. Authorizes the President to waive such sanctions if it would be in the best interests of the United States. Directs the President to notify the Congress 30 days before any such waiver takes effect.
United States · United States Congress · 31 October 1985
Designates October 31, 1986, as National Child Identification and Safety Information Day.
United States · United States Congress · 31 October 1985
Declares that the House of Representatives, in an effort to bring about an end to the human rights abuses committed by the Soviet Union against the Afghanistan people, supports the President's intent to discuss such concerns with Soviet leader Mikhail Gorbachev and calls upon him to reiterate the U.S. desire to achieve a negotiated political settlement that is agreeable to all parties in Afghanistan (including the complete withdrawal of foreign troops, the restoration of an independent and sovereign Afghanistan, and the safe return of Afghan refugees).
United States · United States Congress · 30 October 1985
Amends the Foreign Assistance Act of 1961 to provide that funds made available for family planning programs may only be used for programs: (1) in which there is not any element of coercion of individuals to practice family planning or to accept any particular method of contraception; (2) which include an accurate description of the effectiveness and risks of all major methods of family planning; and (3) which include an agreement to provide either other family planning methods if requested or referral to programs offering other methods as appropriate.
United States · United States Congress · 24 October 1985
Declares that the House, in an effort to bring about an end to the human rights abuses committed by the Soviet Union against the Afghanistan people, supports the President's intent to discuss such concerns with the Soviet Union and calls upon him to reiterate the U.S. desire to achieve a negotiated political settlement that is agreeable to all parties in Afghanistan (including the complete withdrawal of foreign troops, the restoration of an independent and sovereign Afghanistan, and the safe return of Afghan refugees).
United States · United States Congress · 10 October 1985
Declares that the Congress calls upon the President to direct the Agency for International Development (AID) to work in a global effort to provide support toward achieving the goal of universal access to childhood immunization by the year 1990. Sets forth specified actions to be taken by AID, in conjunction with the World Health Organization and UNICEF, in reaching such goal. Urges the President to seek both private and public assistance in the United States to achieve universal access to childhood immunization.
United States · United States Congress · 8 October 1985
Trade Partnership Act - Title I: International Trade - Directs the President to establish the Commission on Trade which shall: (1) evaluate existing U.S. trade laws and policies; (2) develop recommendations on monetary and fiscal policies for the United States and its chief trading partners; (3) evaluate the export financing practices of major trading partners and of international agencies; and (4) review existing trade agreements to assess their effect on U.S. long-term trading interests. Requires the Commission to report its findings and recommendations to the President and to the Congress. Expresses the sense of the Congress that the President should evaluate such findings and recommendations and take into account the results of an international monetary conference to determine the propriety of convening a summit conference on international trade in order to develop changes in international trade and monetary practices. Expresses the sense of the Congress that the President should call for an international monetary conference to develop: (1) options for reforming institutional mechanisms in order to decrease the disparity among, and to prevent dramatic fluctuations in the value of, the currencies of the major economic powers; and (2) means for reducing interest rates, promoting national and world economic growth, assuring price stability, and promoting higher levels of international trade. Expresses the sense of the Congress that the President should initiate multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade (GATT) in order to: (1) resolve the issues not resolved in earlier negotiations; (2) develop multilateral disciplines in those areas where trade problems have emerged or are becoming more acute; (3) focus on improving the dispute settlement mechanisms of the GATT; (4) place a high priority on bringing developing countries into full participation in the international trading community; (5) ensure that all developed countries share equally the responsibility for advancing the economies of developing countries; and (6) increase efforts to bring countries now outside the GATT under accepted multilateral disciplines governing trade. Directs the President to begin negotiations immediately if Canada requests the negotiation of a trade agreement that provides for the elimination or reduction of any duty imposed by the United States. Directs the U.S. Trade Representative (USTR) to review the bilateral relationships between the United States and its major trading partners in order to determine those countries that offer the most potential for the establishment of free trade areas with the United States. Sets forth factors to be considered in making such review. Authorizes the President, during the year following enactment of this Act, to negotiate with Japan on a trade agreement under which the United States will permit the exportation to Japan of Alaskan petroleum and natural gas in return for substantial concessions by Japan regarding the importation into Japan of agricultural products, wood products, and other kinds of export products that are important to the United States. Amends the Trade Act of 1974 to transfer to the USTR specified functions relating to import relief that are currently performed by the President. Directs the President to review the USTR's determination on whether to provide import relief and what form such relief should take. Requires the President to complete such review within 15 days of receiving the USTR's determination. Directs the President to notify the Congress of the President's decision and of the USTR's determination. Directs the USTR to take action to implement the import relief which the USTR decided to provide if the President concurs in the USTR's decision. Directs the USTR to take action to implement the President's decision on import relief if it differs from the USTR's decision and no joint resolution disapproving the President's decision is enacted. Directs the USTR to order the implementation of the import relief recommended by the International Trade Commission if the decision of the President differs from the decision of the USTR and a joint resolution disapproving the President's decision is enacted. Authorizes interim relief after a petition for import relief is filed if the USTR determines that: (1) it is likely that the article is being imported in such increased quantities as to be a substantial cause of serious injury or threat thereof to the competing domestic industry; and (2) the absence of such interim relief would result in irreparable harm to the domestic industry. Authorizes emergency relief from imports of perishable products (other than perishable products from a beneficiary country under the Caribbean Basin Economic Recovery Act) after a petition for such relief is filed if the USTR, after consultation with the Secretary of Agriculture, decides that: (1) there is a reasonable indication that the perishable product is being imported in such increased quantities as to be a substantial cause of serious injury, or threat thereof, to the competing domestic industry; and (2) emergency action is warranted. Directs the USTR, upon deciding to grant interim relief or emergency relief, to: (1) determine the method and extent of such relief; (2) notify the President of such decision; and (3) unless the President decides within 15 days that such relief is not in the national economic interest, order the Commissioner of Customs to impose such relief. Declares that such relief may consist of tariff increases or import limitations. Provides for the termination of such relief. Directs the USTR to order the Commissioner of Customs to implement actions necessary to enforce U.S. rights under any trade agreement if: (1) the President and the USTR agree on the appropriate action; or (2) the President differs with the USTR on the appropriate action but a joint resolution disapproving such action is not enacted. Reduces the number of days from 21 to 15 between the President's receipt of the USTR's recommendation of appropriate action and the President's decision on what action is appropriate. Requires the President to determine during such 15 day period if: (1) the President concurs in the USTR's recommendation; or (2) it is in the national economic interest not to take any action or to take action different from the action determined by the USTR. Requires the President to notify the Congress of such decision. Provides that if 90 days after the Congress receives notice of such decision no joint resolution is enacted disapproving it then such decision shall take effect. Reduces the amount of time the USTR may take to make a recommendation on a petition for enforcement of U.S. trade rights. Sets forth the actions the USTR may recommend to the President based on such petition. Directs the USTR to include in the annual report to the Congress on foreign barriers to market access an analysis and assessment of the overall reciprocity accorded U.S. products, services, and investment by each of the major trading partners of the United States and the impact on major U.S. product sectors of the failure to provide reciprocity. Requires specified congressional committees, within 90 days of receiving such report, after consultation with the USTR and conducting public hearings, to issue a joint report on: (1) the priorities for negotiations regarding reducing or eliminating trade barriers; and (2) the committees' recommendations on actions to enforce U.S. trade rights. Directs the Secretary of Labor to pay to private firms 80 percent of the cost of providing job training if the training is certified as trade readjustment training and if the trainees are not charged for the training. Extends the job training, job search, and job relocation allowance provisions of the trade adjustment assistance programs through October 1, 1987. Amends the Trade Expansion Act of 1962 to set a one year deadline for the President to take action on the advice of the Secretary of Commerce on imports that are suspected of impairing national security. Amends the Tariff Act of 1930 to reduce the time limit for decisions by the International Trade Commission on allegations of unfair practices in import trade from one year (18 months in more complicated cases) to eight months (ten months in more complicated cases). Declares that the USTR should expedite the issuance of notices requesting the negotiation of periodic adjustments to the bilateral limitations on shipments of textiles and apparel contained in the Multi-Fiber Arrangement. Directs the Commissioner of Customs to: (1) increase the number of inspectors, import specialists, and customs patrol officers in the Customs Service by at least 800; (2) implement the Automated Commercial System at all ports of entry; and (3) implement a program for detecting, investigating, and prosecuting patent and copyright infringement cases. Requires the Commissioner to report quarterly to specified congressional committees on the operation and effect of the patent and copyright infringement program. Imposes a penalty for multiple customs law offenders who import or attempt to import merchandise during the three years following the date of the third of the offenders' convictions. Title II: Protection of Patents and Transfer of Technology - Part A: Protection of Patents - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Places the burden of proof upon the party asserting that a product was not produced with the patented process in an infringement action where the court finds a substantial likelihood that the product was so produced and the claimant has exhausted all means of discovery. Part B: Transfer of Technology - Federal Laboratory Technology Utilization Act of 1985 - Authorizes Federal agencies to permit their laboratories to enter into cooperative research and development arrangements with other Federal, State, and local agencies, universities, industrial organizations, or other persons including licensees of inventions owned by the Federal agency or general partners of research and development limited partnerships. Permits such laboratories to exchange funds, services, and property with collaborators, grant such collaborators patent licenses or assignments, waive Federal ownership of inventions made by a collaborator, and negotiate licensing agreements for federally owned inventions. Sets forth a formula for the distribution of royalties or other income received by such laboratories from the licensing of cooperatively produced inventions to Federal agency employee inventors, the laboratories themselves, and the Treasury. Requires affected Federal agencies to report annually to the appropriate congressional committees on the income from and distribution of royalties. Directs the Secretary of Commerce to provide procedures, training, and advice to Federal laboratories on recognizing the commercial potential of new technologies and inventions. Requires the Secretary to report biannually to the President and the Congress on Federal agency participation in this program. Makes it the policy of the Government to encourage the commercialization of inventions by Federal or former Federal employees made by them during their Federal employment and exempts such efforts from otherwise applicable violations. Permits such an employee to retain title to an invention (subject to retention by the Government of a nonexclusive license) unless the agency intends to file a patent application itself in order to promote commercialization. Sets forth other permissible conditions on such an inventor's title. Part C: Protection of Proprietary Information - Exempts commercial and financial information that is proprietary or sensitive from the sunshine provisions applied to Federal agencies if the proprietor is notified of the request for release of the information and given 60 days to present arguments on why the information should be exempt. Title III: Export Promotion - Amends the Bank Holding Company Act of 1956 to increase, from five percent to ten percent, the percentage of shares that: (1) a bank holding company may hold in an export trading company; and (2) an Edge Act corporation may hold in an export trading company from five to ten percent. Increases the amount of credit that a bank owning stock in a bank holding company with investments in an export trading company may extend to an export trading company. Amends the Export Trading Company Act of 1982 to direct the Board of Directors of the Export-Import Bank to try to insure that a "significant share" (currently a "major share") of any loan guarantees ultimately serves to promote exports from small, medium-size, and minority businesses or agricultural concerns. Requires the Board to report to the Congress on implementation of such requirement within one year of its effective date. Directs the Secretary of the Treasury to develop a program consisting of mixed credit financing for exports to compensate for the effects of subsidized financing by U.S. trading partners. Declares that the Export-Import Bank should expand its promotion programs for small- and medium-sized banks. Amends the Federal Reserve Act to give Edge Act corporations the same discount and borrowing privileges as Federal Reserve banks. Repeals the limitation on bank investments in Edge Act corporations. Directs the Board of Governors of the Federal Reserve System to require periodic reports from every corporation of the total amount of capital stocks and paid up surplus of the corporation, the name of any stockholder who holds more than ten percent of the shares of the stock of such corporation, and the share holdings of such stockholder. Directs the U.S. Executive Director of each of the multilateral development banks to promote procurement opportunities relating to the assistance provided by such banks in recipient countries for U.S. firms. Sets forth actions the Executive Directors should take with respect to such opportunities. Declares that the Secretary of Commerce should continue to assign one foreign commercial service officer to the office of the U.S. Executive Director of the International Bank for Reconstruction and Development. Directs the Secretary of Commerce to assign such an officer on a part-time basis to each of the offices of the U.S. Executive Director of the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank. Requires the U.S. Ambassadors to those countries that are important trading partners of the United States to report annually to the President and to the Congress on their efforts to help U.S. industries in expanding export sales to, and improving their market positions in, such countries. Authorizes the seven Bell operating companies, effective September 1, 1986, to manufacture telecommunications equipment and customer premises equipment in the United States if specified conditions are met. Title IV: Foreign Corrupt Practices - Business Accounting and Foreign Trade Simplification Act - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Prohibits imposing criminal liability for failing to maintain such an accounting system. Prohibits imposing civil injunctive relief with respect to: (1) an issuer who fails to maintain the required accounting system if the issuer tried in good faith to meet the requirements; or (2) any person other than an issuer in connection with an issuer's failure to comply with such requirements, unless such person knowingly caused the issuer to fail to comply. Prohibits anyone from knowingly circumventing such an accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Securities and Exchange Commission to the Department of Justice jurisdiction to enforce the bribery prohibitions of the FCPA with respect to issuers. Revises the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made "directly or indirectly" to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments to such officials that are lawful under the foreign country's laws; (3) payments which constitute tokens of regard or esteem; (4) expenditures associated with selling, purchasing, or demonstrating goods; or (5) ordinary expenditures associated with performing a contract with a foreign government. Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act. Prohibits prosecution of a domestic concern or specified agents of such concern for violating the Federal mail or wire fraud provisions by making a payment to a foreign official if the prosecution is based on the theory that the official, by receiving the payment, violated a duty to or defrauded the foreign government or the citizens of a foreign country. Authorizes the Attorney General to issue guidelines specifying: (1) permissible conduct associated with common types of export sales arrangements; and (2) precautionary procedures which would create a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the opinion states that the conduct does not involve a violation. Directs the Attorney General to protect the confidentiality of materials submitted in the review procedure. Requires annual reports to the Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Title V: Related Tax Provisions - High Technology Research and Scientific Education Act of 1985 - Part A: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Part B: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses, and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporation's R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 7 October 1985
Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Congressional Budget Act of 1974 to eliminate the second concurrent resolution on the budget and thus provide for annual adoption of a single concurrent resolution on the budget (budget resolution). Sets forth maximum Federal budget deficit amounts for each of fiscal years 1986 through 1991 providing for the incremental reduction of the deficit to zero by 1991. Requires Old Age, Survivors and Disability Insurance (OASDI) revenues and expenditures to be included in the calculation of such deficit amounts. Prohibits either House of Congress from considering or adopting a budget resolution or a revision thereof providing for budget outlays exceeding revenues by more than the prescribed maximum deficit amount. Requires the Congress to complete action on any reconciliation bill or resolution to: (1) an original budget resolution by June 15 of each year; or (2) a revised budget resolution within 30 days after the revision is adopted. Provides that no amendment that would increase specific budget outlays or reduce specific revenues set forth in a budget resolution or reconciliation bill shall be in order in the House or the Senate, unless such amendment provides for offsetting adjustments in other outlays and revenues to ensure that the deficit set forth in the budget resolution is not increased or exceeded. Requires each Senate and House committee to report its subdivisions of allocated budget outlays and new budget authority within ten days of session after the budget resolution is agreed to. Makes it out of order for the House or the Senate, after the Congress has completed action on the budget resolution for a fiscal year, to consider legislation that, if enacted, would: (1) provide for or require budget outlays or new budget authority in excess of the appropriate committee allocation reported in connection with such resolution, unless legislation is favorably reported by the Committee on Appropriations of the House involved with a certification that the appropriate committee will take actions necessary to assure that enactment of such legislation will not result in a deficit exceeding the maximum deficit amount applicable; or (2) provide for new budget authority or spending authority or reduce revenues so that the resulting deficit would exceed the level set forth in such budget resolution or the applicable maximum deficit amount. Permits a congressional committee to report alterations to its reported allocations of budget outlays and authority, provided that such alterations are consistent with any actions taken by its House on legislation within its jurisdiction. Requires the conference report on any legislation providing new budget authority or new or increased tax expenditures to disclose the information required to be disclosed in committee reports on such legislation. Requires the Federal budget transmitted to the Congress by the President each year, and revisions thereof, to set forth levels of outlays and revenues resulting in a deficit not in excess of the applicable maximum deficit amount. Requires the Director of the Office of Management and Budget and the Director of the Congressional Budget Office: (1) to estimate the levels of total revenues and budget levels for each fiscal year; (2) to estimate the rate of real economic growth during that year; (3) to determine whether the deficit for such year will exceed the applicable maximum deficit amount and whether such excess is statistically significant; and (4) to submit a report to the President and the Congress specifying the amount of any excess, whether it is statistically significant, the estimated rate of real economic growth for that year, and the percentages by which automatic spending increases (excluding increases in OASDI benefits) and relatively controllable expenditures shall be reduced during such year in order to eliminate such excess. Requires the President, upon receiving such a report which identifies a statistically significant excesss, to issue an order which eliminates one-half of such excess by suspending or uniformly reducing (not below zero) automatic spending increases under Federal law for such year, and which eliminates the other half by sequestering amounts of budget authority, obligation limitations, and loan limitations, and by adjusting Federal payments, to the extent necessary to reduce each relatively controllable expenditure by a uniform percentage. Directs the President to send a message to both Houses of Congress identifying: (1) the total amount and the percentage by which automatic spending increases are to be reduced; (2) the amount of budget authority, obligation limitations, and loan limitations to be sequestered and payments to be adjusted for all, and each, relatively controllable expenditure; and (3) the account, department, establishment, project, or function affected by such revision of expenditures. Prohibits such an order from eliminating any Federal program, project, or activity. Directs the President to issue such order: (1) within 14 days after receiving such report if the estimate for real economic growth for the fiscal year is zero or greater; or (2) within 30 days if the estimate for real economic growth is less than zero. Authorizes the President, during such 30-day period, to submit to the Congress a joint resolution to: (1) reduce the deficit to an amount not exceeding the applicable maximum deficit amount; or (2) suspend the requirements of this Act for such fiscal year. Permits the President's message to the Congress to include alternative ways to reduce the deficit to an amount not exceeding the maximum deficit amount. Permits the Committee on the Budget of the House or the Senate, within ten days after the President has issued such an order, to report a joint resolution superseding such order. Makes it out of order for the House or the Senate to consider or agree to any such resolution which, if enacted, would cause the fiscal year deficit to exceed the deficit set forth in the budget resolution most recently agreed to, or the applicable maximum deficit amount. Sets forth House and Senate procedures for consideration of such a resolution. Amends the Social Security Act to provide that OASDI revenues and expenditures shall be excluded from the Federal budget transmitted by the President to the Congress and from the congressional budget, and shall be exempt from general budget limitations imposed on Federal expenditures and net lending. Prohibits any law enacted after enactment of this Act from providing for payments between the Treasury and the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund. Changes the date by which the President must submit to the Congress a supplemental summary of the budget for a fiscal year from July 16 to September 16. Waives specified provisions of this Act in any fiscal year for which a declaration of war has been enacted.
United States · United States Congress · 3 October 1985
Directs the President to designate February 16, 1986, as Lithuanian Independence Day.
United States · United States Congress · 2 October 1985
Federal Science and Technology Revitalization Act of 1985 - Authorizes Federal agencies to establish alternative personnel management systems for scientific and technical employees in accordance with regulations prescribed by the Office of Personnel Management (OPM). Includes in each such system a Senior Scientific and Technical Personnel Service (comparable to the Senior Executive Service) for such employees who are specially qualified. Sets forth provisions for scientific and technical employees relating to employment authority, compensation, and retirement. Directs OPM to review and monitor agency alternative systems to ensure compliance with this Act and applicable regulations. Sets forth transition provisions for employees designated as subject to an alternative management system. Directs the Comptroller General to review and evaluate the systems established under this Act and report to the Congress and OPM within five years of its enactment.
United States · United States Congress · 26 September 1985
Telecommunications Trade Act of 1985 - Title I: Actions to Achieve Competitive Opportunities - Directs the U.S. Trade Representative (USTR), within six months of enactment of this Act, to identify and analyze all acts, policies, and practices in the markets of foreign countries that deny to U.S. telecommunications firms and their subsidiaries fair and equitable foreign market opportunities. Sets forth factors to be considered in making such analysis and determination. Authorizes the USTR to exclude a country from investigation if the USTR determines that the potential market in such country for U.S. telecommunications products and services is not substantial. Requires the USTR to report to the Congress within six months of enactment of this Act on such analysis and determinations. Directs the President to begin negotiations with those countries which deny U.S. telecommunications firms fair and equitable market opportunities to enter into trade agreements which provide such opportunities to U.S. telecommunications firms. Sets forth the objectives of the negotiations. Directs the President, if unable to enter into such an agreement which achieves such objectives, to take, within two years of enactment of this Act, whatever actions within certain limits are necessary to achieve such objectives. Directs the President to take those actions which most directly affect trade in telecommunications products and services with the country concerned. Sets forth the actions the President is authorized to take in such circumstances. Directs the USTR, if a country does engage in unfair trade practices, to take whatever actions within certain limits are necessary to fully offset such acts, policies, and practices, and to restore the balance of concessions between the United States and such foreign country. Requires the USTR to review annually the extent to which a foreign country's policies meet the negotiating objectives achieved by trade agreements. Directs the USTR to take specified actions if the foreign country is not in compliance with such trade agreement or has adopted an unfair trade act, policy, or practice. Sets forth the actions the USTR is authorized to take. Directs the President and the USTR to consult with the Secretary of Commerce, the Federal Communications Commission, and a specified interagency trade organization to determine appropriate actions against foreign countries. Directs the USTR to provide the opportunity for presentations of views by interested parties for purposes of identifying the objectives of trade negotiations and determining appropriate actions against foreign countries. Directs the President to keep the Congress informed of: (1) the negotiating priorities and objectives for each country involved; (2) the assessment of negotiating prospects; and (3) any U.S. concessions which might be included in negotiations to achieve such objectives. Title II: Trade Agreement Authority - Authorizes the President, during the three years following enactment of this Act, to enter into trade agreements which meet specified objectives with foreign countries which provide for: (1) the harmonization, reduction, or elimination of duties or restrictions, barriers, or other distortions to international trade; or (2) the prohibition of or limitations on the imposition of duties or restrictions, barriers, or other distortions to international trade. Authorizes the President to enter into trade agreements with a foreign country to grant concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions if: (1) the President has taken action because no trade agreement could be reached under this Act; and (2) the USTR is not required to take action against such country under this Act. Title III: Miscellaneous Provisions - Authorizes importing a product that is subject to registration or approval by the Federal Communications Commission (FCC) only if: (1) such product conforms with all applicable FCC regulations; and (2) the information which is required on a specified FCC form is provided to the appropriate customs officer at the time of entry into the United States. Directs the FCC, the Secretary of Commerce, and the USTR to provide enforcement assistance to the Secretary of the Treasury upon request. Directs the Secretary of the Treasury to provide the Congress with information on such imports at least twice a year. Amends the Trade Act of 1974 to include within the definition of service sector access authorization any authorization that permits a foreign supplier of goods related to a service access to the U.S. market. Directs the Secretary of Commerce to report to the Congress at least once every two years on the impact of U.S. domestic policies and practices on the growth and international competitiveness of the U.S. telecommunications industry.
United States · United States Congress · 26 September 1985
Designates November 11, 1985, as George S. Patton Day.
United States · United States Congress · 19 September 1985
California Outer Continental Shelf Protection and Development Act - Permits oil and gas leasing under the Outer Continental Shelf Lands Act for specified submerged lands of the California Outer Continental Shelf. Requires such activities to be carried out in a manner which minimizes their environmental, economic, and social impacts. Authorizes the conduct of one Continental Off-Structure Stratigraphic Test in specified areas. Permits exploration or development activities on specified lands only under emergency conditions of a severe energy supply interruption. Terminates such activities unless the President renews his findings of emergency conditions. Terminates this Act after 1999.
United States · United States Congress · 18 September 1985
Methanol Energy Policy Act of 1985 - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy (the Secretary) to: (1) ensure that of the total number of passenger automobiles and light duty trucks acquired for Federal use during FY 1987 through 1990, at least 5,000 shall be methanol-powered vehicles; and (2) conduct studies related to methanol-powered vehicles in cooperation with the Administrator of the Environmental Protection Agency (the Administrator). Sets guidelines for such studies. Requires that methanol be offered for sale to the public at locations where Federal vehicles are supplied with methanol. Terminates such requirement as of September 30, 1990. Requires the Secretary to provide methanol-powered vehicles to any requesting Federal agency. Requires such agencies to cooperate with the Secretary in studies about such vehicles. Requires the Secretary to report to the Congress regarding the Federal use of methanol-powered vehicles. Exempts such vehicles from: (1) inclusion in any Fleet Average Fuel Economy calculation under specified law; and (2) any limitation on the maximum cost of individual vehicles obtained by the United States. Authorizes appropriations for FY 1987 through FY 1990. Directs the Secretary to: (1) establish a demonstration program for the operation of methanol-fueled diesel trucks on a long-haul, high density interstate truck route; and (2) report to the Congress regarding such program. Authorizes appropriations for such program for FY 1987 through FY 1990. Requires the Administrator to: (1) purchase a minimum of five methanol-powered buses during FY 1987 for use in urban settings to determine emissions and fuel economy tests; and (2) report to the Congress regarding such tests. Authorizes appropriations for FY 1987 through FY 1990. Requires any State which receives Federal mass transportation assistance after January 1, 1991, for the acquisition of motor vehicles transporting 30 or more persons in a nonattainment area to acquire methanol-powered buses with such assistance. Directs the Secretary to provide such States with supplemental grants to cover the amount by which methanol-powered buses exceed the costs of comparable diesel-powered buses. Authorizes appropriations for FY 1991 through FY 1993. Establishes the Interagency Commission on Methanol to develop and coordinate implementation of a national methanol energy policy. Requires the Commission to: (1) perform various studies with respect to the production, use, and promotion of methanol as a fuel; (2) develop a plan for the commercialization of methanol; (3) develop a public-awareness program on methanol as a transportation fuel; (4) coordinate Federal efforts with respect to methanol research and commercialization; and (5) ensure communication between Federal agencies involved in methanol demonstration projects and establish an information clearinghouse for parties working with or interested in methanol and related projects. Requires the Chairman of the Commission to establish a private sector advisory panel to inform the Commission about methanol-related matters. Sets forth reporting requirements which apply to the Commission. Terminates the Commission upon the submission of its last report. Directs the Secretary to report to the Congress regarding a study of the comparative costs of methanol based on natural gas, coal, and other resources. Sets guidelines for such study. Directs the Administrator to prepare a comprehensive air quality and health study regarding specified aspects of methanol as a transportation fuel compared to existing gasoline and diesel fuels. Authorizes appropriations for both studies. Amends the Motor Vehicle Information and Cost Savings Act to set fuel economy determinations for methanol-powered automobiles. Requires all passenger automobiles and light-duty trucks acquired by the United States after October 1, 1986, to be suitable for operation on all fuels for which Environmental Protection Agency waivers are in effect.
United States · United States Congress · 18 September 1985
Establishes the Disability Advisory Council (the Council), whose members shall be appointed by the Secretary of Health and Human Services, to conduct studies and make recommendations regarding the medical and vocational aspects of disability under titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Provides that in addition to the above duties of the Council, the Secretary shall appoint a special panel to conduct studies with respect to the so-called "notch problem" for determining primary insurance amounts under title II of the Act. Requires the special panel to report its findings and recommendations to the Council. Requires the Council to report to the Secretary, and such report to be sent to the Congress and to the Board of Trustees of the Federal Disability Insurance Trust Fund. Terminates the Council following submission of its report.
United States · United States Congress · 12 September 1985
Designates November 24, 1985, as National Day of Fasting to Raise Funds to Combat Hunger.
United States · United States Congress · 12 September 1985
Designates the rose as the national floral emblem.
United States · United States Congress · 12 September 1985
Expresses the sense of the Congress that the President should form a National Commission on the Farm Credit System to recommend agricultural credit reforms.
United States · United States Congress · 9 September 1985
Designates December 5, 1985, as Walt Disney Recognition Day.
United States · United States Congress · 5 September 1985
Calls upon the President to negotiate with parties to the General Agreement on Tariffs and Trade (GATT) to revise GATT rules so that agricultural export subsidies would be treated the same as tariffs and primary products the same as manufactured products.
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 · 1 August 1985
Overseas Private Investment Corporation Amendments Act of 1985 - Amends the Foreign Assistance Act of 1961 to change the per capita income requirements for countries receiving Overseas Private Investment Corporation (OPIC) projects and investments from 1979 dollars to 1983 dollars. Requires OPIC, in determining whether to provide insurance, financing, or reinsurance for a project, to ensure that the project is consistent with the provisions of the Foreign Assistance Act of 1961 relating to the environment and natural resources of, and biological diversity in, developing countries. Requires OPIC to refuse to insure, reinsure, guarantee, or finance any investment in connection with a project that will pose an unreasonable or major environmental, health, or safety hazard or will result in significant degradation of protected areas. Authorizes OPIC to insure, reinsure, guarantee, or finance a project only if the country in which the project is undertaken is taking steps to extend internationally recognized worker rights to workers in that country. Provides for annual hearings on such questions. Authorizes OPIC to insure against loss due to business interruption caused by: (1) inability to convert into U.S. dollars other currencies; (2) an act of expropriation or confiscation by a foreign government; and (3) war, revolution, insurrection, or civil strife. Requires OPIC before issuing insurance for the first time for loss due to business interruption to submit to the Congress an explanation of the underwriting basis upon which the insurance is to be offered. Increases the percentage of the maximum contingent liability of OPIC's investment guaranties that may be issued to a single investor. Authorizes OPIC to enter into pooling or other risk-sharing arrangements with multilateral insurance or financing agencies or groups of such agencies. Directs OPIC to establish, within one year of enactment of this Act, a pilot program of facultative insurance providing reinsurance for insurers who issue insurance for new investments by eligible investors in excess of limits which OPIC would otherwise normally apply for its exposure to such investments. Limits OPIC's exposure under such program. Directs OPIC to establish a group to advise OPIC on the development and implementation of the program of facultative reinsurance. Requires OPIC to report to the Congress within 18 months of enactment of this Act on the implementation of the facultative reinsurance program. Extends OPIC's authority to issue investment insurance through September 30, 1989. Authorizes OPIC to determine the basis for computing loss due to business interruption. Directs OPIC, before finally providing insurance, guarantees, or financing for any environmentally sensitive investment, to notify the country where the investment project is located of: (1) certain guidelines relating to the public health or safety or the environment which are applicable to the project; and (2) any U.S. health, safety, or environmental restrictions that would apply to the project if the project were undertaken in the United States. Provides for an independent audit of OPIC at least once every three years. Makes certain requirements relating to environmental impact statements and assessments applicable to any investment which OPIC insures, reinsurers, guarantees, or finances. Exempts OPIC from all taxation. Directs OPIC to publish and make available to applicants for OPIC assistance OPIC's policy guidelines. Deletes the provision requiring OPIC to return to the Treasury funds appropriated to OPIC before January 1, 1975. Amends the Federal criminal code to prohibit the use of the words "Overseas Private Investment," "Overseas Private Investment Corporation," or "OPIC" as part of a private business.
United States · United States Congress · 31 July 1985
Telecommunications Trade Act of 1985 - Directs the Secretary of Commerce to initiate an investigation to identify those countries denying the United States equivalent access to a potentially substantial telecommunications market. Provides for public notice of, and participation in, the decision to initiate an investigation, including a petition process whereby persons may request the Secretary to make a finding regarding certain countries. Requires the Secretary to decide, within 45 days of receiving a petition, whether to initiate an investigation on the basis of the petition. Directs the Secretary, within 60 days of the initiation of an investigation, to: (1) make and explain the preliminary finding; (2) if affirmative, preliminarily recommend enforcement actions; and (3) invite interested parties to comment. Directs the Secretary, within 120 days of the decision to initiate an investigation, to give the President and the public notice of the final finding and, if the final finding is affirmative, the final recommendations. Specifies the factors the Secretary must assess in deciding whether a country is denying equivalent telecommunications market access. Requires the President, within 60 days of a final affirmative finding, to determine appropriate enforcement actions and direct the Federal Communications Commission (FCC) to implement them, unless the President takes one or more specified actions under the Trade Act of 1974. Directs the President to inform the Congress and give public notice of the enforcement actions he or she deems appropriate, including the reasons for any actions differing from those recommended by the Secretary. Directs the Secretary to determine annually whether the action taken effectuates the purposes of this Act and report to the President and the Congress. Authorizes the President to modify, suspend, or augment the enforcement actions. Directs the President to notify the Congress and the public of the results of the Secretary's review and explain steps taken regarding enforcement actions. Directs the Secretary to review annually the potential market for U.S. telecommunications in countries formerly excluded from investigation by their lack of a potentially substantial market. Amends the Communications Act of 1934 to authorize and direct the FCC to implement any enforcement actions which the President determines to be appropriate under this Act.
United States · United States Congress · 30 July 1985
Amends the Internal Revenue Code to provide that personal holding company income includes computer software royalties to the extent that such royalties do not constitute 50 percent or more of the adjusted gross income and the sum of the deductions for trade and business expenses and research and experimental expenses attributable to the trade or business in which such royalties are derived does not equal or exceed 15 percent of the adjusted gross income.
United States · United States Congress · 25 July 1985
Confirms title in specified lands in California and Nevada which were transferred to such States by the Federal Government, conveyed by such States to third parties, and were determined in a border dispute resolution to be a part of a State other than the State which conveyed the title.