United States · United States Congress · 25 February 1986
Amends the Tribally Controlled Community College Assistance Act of 1978 to increase the amount used by the Secretary of the Interior to determine the amount of grant assistance to be allocated to tribally controlled community colleges for FY 1986. Extends, through FY 1990, the authorization of funds for technical assistance contracts, grants, and endowment grants to such colleges. Amends the Navajo Community College Act to extend, through FY 1990, the authorization of funds for construction grants to the Navajo Community College.
United States · United States Congress · 25 February 1986
Federal Tax Amnesty and Improved Tax Compliance Act of 1986 - Title I: Amnesty From Criminal and Civil Penalties - Provides for a one-time amnesty from criminal and civil tax penalties for a taxpayer who: (1) files a written statement with specified information concerning any underpayment of tax; and (2) pays the amount of such underpayment when filing the statement, together with the interest due thereon. Permits installment payments in certain cases. Provides that where the taxpayer fails to pay any installment payment when due, the balance in the account shall be due immediately. Defines the amnesty period as the six-month period which ends on September 30, 1987. Disallows such amnesty where: (1) there has been an underpayment assessed and a notice of deficiency with respect to the underpayment was mailed or the taxpayer was put on notice of a substantive question of the taxpayer's tax liability; (2) there was fraud in seeking amnesty; or (3) a criminal investigation is pending. Provides that the amnesty provisions apply only to underpayments of Federal tax for taxable periods ending before January 1, 1985. Authorizes appropriations to inform the general public about the operation of the amnesty provisions. Title II: Compliance Provisions - Subtitle A: Increase in Compliance Personnel - Expresses the sense of the Congress that, in addition to other appropriated funds, there be appropriated to the Secretary of the Treasury, for revenue enforcement and compliance programs, such an amount as may be cost effective of the revenue attributable to the amnesty program. Authorizes appropriations for an additional 2,500 compliance personnel for the Internal Revenue Service through FY 1989. Subtitle B: Denial of Federal Contracts, Licenses, etc., to Taxpayers with Tax Delinquent Accounts - Prohibits the award of any Federal contract to any person who has a tax delinquent account. Provides that no Federal business license may be issued with respect to any person who has a tax delinquent account. Provides an exception for public health business licenses or business licenses specified in regulations issued by the Secretary of the Treasury. Subtitle C: Inflation Adjustment of Criminal and Civil Monetary Penalties - Provides for an annual cost-of-living adjustment in the criminal and civil tax monetary penalties beginning in 1987. Specifies the method for calculating the annual adjustment. Subtitle D: Revision of Certain Penalties - Provides penalties for: (1) failure to file certain information returns; (2) failure to furnish certain payee statements; and (3) failure to include certain information on certain returns and statements. Establishes certain waiver provisions, definitions, and special rules relating to the filing of information returns and statements. Increases the penalty for failure to pay tax in certain cases from 0.5 percent per month to one percent per month. Modifies the provisions relating to the tax penalty in instances involving negligence and fraud.
United States · United States Congress · 20 February 1986
Asbestos Hazard Emergency Response Act of 1986 - Amends the Toxic Substances Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations for asbestos hazard abatement in the schools. Directs the Administrator to develop a model accreditation plan for States for individuals who inspect, manage, abate, and analyze asbestos problems. Makes the use of accredited personnel a condition for receiving financial assistance under the Asbestos School Hazard Abatement Act of 1984. Requires each State Governor to establish administrative procedures for the certification of school asbestos inspection and abatement programs and for asbestos management plans, all to be carried forward by the local educational agency. Requires warning labels on any asbestos still in routine maintenance areas of a school building. Authorizes the Administrator or the appropriate State Governor to take necessary response measures where asbestos in a school building may be hazardous and adequate local measures have not been taken. Sets forth the relationship of pollution liability insurance risk retention groups to State law, including securities law. Establishes the Asbestos Trust Fund in the Treasury to carry out the Asbestos Hazards Abatement Assistance Program. Authorizes appropriations for FY 1987 through 1990.
United States · United States Congress · 18 February 1986
Expresses the sense of the Senate that: (1) America's interests are best served in the Philippines by a government which has a popular mandate; and (2) the February 7, 1986, elections in the Philippines were marked by widespread fraud. Requests the President to convey such concern to President Marcos and Corazon Aquino.
United States · United States Congress · 6 February 1986
Amends the National Aeronautics and Space Act of 1958 to authorize the National Aeronautics and Space Administration to accept gifts or donations to build a manned space shuttle which may be named Challenger II.
United States · United States Congress · 5 February 1986
Expresses the sense of the Congress that certain amounts appropriated for the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice which have been proposed for rescission by the President shall be made available for obligation and expended as originally intended.
United States · United States Congress · 4 February 1986
Expresses the sense of the Senate that it recommends to the International Astronomical Union that seven of the moons of Uranus be named after the space shuttle Challenger's crew.
United States · United States Congress · 30 January 1986
Procurement Safeguard Act of 1986 - Establishes an alternative procurement protest system under which an interested party can file an action with the board of contract appeals of the General Services Administration, in lieu of the Comptroller General of the General Accounting Office. Authorizes the board to suspend a protested procurement on an interim basis until the board can decide the protest. Specifies procedures and standards in protest proceedings. Directs the board to suspend, revoke, or revise the authority for any procurement found to violate a statute, regulation, or other provision of law. Authorizes the appeal of a board decision as set forth in the Contract Disputes Act of 1978. Authorizes the board to administer oaths, issue subpoenas, and participate in court proceedings. Directs the board to adopt and issue rules and procedures as necessary to carry out this Act.
United States · United States Congress · 30 January 1986
Trade Expansion Act of 1986 - Title I: Opening of Foreign Markets - Amends the Trade Act of 1974 to require the U.S. Trade Representative (USTR) to make an estimate in the annual report on trade barriers of the increase in value of U.S. exports that would result in the following three years if certain market access barriers were eliminated. Requires the USTR, in making such estimate, to take into account the international competitiveness of the goods or services involved. Requires the USTR, within 90 days of submitting the annual report on trade barriers to the Congress, to establish export goals for the next three years for certain foreign countries which have trade barriers to a significant portion of possible U.S. exports and which deny market access to those U.S. exports that are less able to petition for relief. Requires the President, if the export goal for a country is not met, to take all necessary actions to reduce the exports of that country to the United States by a specified amount. Requires the President to report to the Congress annually on such actions. Transfers from the President to the USTR the authority to: (1) determine whether U.S. action is appropriate to enforce U.S. rights under a trade agreement or to respond to certain foreign trade practices; (2) determine the appropriate additional import relief in such cases; and (3) determine any additional restrictions on service sector access authorizations. Transfers from the President to the USTR the authority to take action on the USTR's own motion. Includes among the foreign trade practices that may trigger a U.S. response any act, policy, or practice that threatens to burden or restrict U.S. commerce. Sets forth a list of foreign acts, policies, and practices which burden U.S. commerce. Authorizes the USTR, in response to certain foreign trade practices, to: (1) enter into binding agreements that fully offset the burden on U.S. commerce of such practices; or (2) withdraw, or refrain from proclaiming, eligibility of a foreign country for preferential treatment under the Generalized System of Preferences. Includes within the meaning of unreasonable foreign trade acts, policies, or practices any combination of unfair foreign trade acts, policies, or practices and any such acts, practices, or procedures that deny: (1) market opportunities (including protection of an industry in its formative stages); (2) opportunities for the establishment of an enterprise; (3) protection of intellectual property rights; or (4) protection against anti-competitive practices. Includes within the definition of "service sector access authorization" any authorization that gives access to the U.S. market to a foreign supplier of goods related to a service. Directs the USTR, in determining whether to initiate an investigation of foreign trade practices, to consider the ability of the persons affected by such practices to prepare a petition for such an investigation. Directs the USTR to determine, within 90 days of the start of such an investigation, whether: (1) the United States is being denied its rights under any trade agreement; or (2) there is any unfair trade act, policy, or practice. Sets forth the actions to be taken by the USTR based on such determination. Requires an import relief action to terminate after seven years if it has existed continuously for seven years and no request to extend the action is made during the last 60 days of such seven-year period. Requires the USTR to review the effectiveness of such an import action if a request to extend the import relief is made. Authorizes the President, if such import relief involves raising tariffs or imposing import restrictions, to negotiate a trade agreement providing compensation, or to proclaim tariff changes to provide compensation for certain countries in order to meet U.S. international obligations. Title II: Support for United States Exports - Subtitle A: Export Financing - Amends the Trade and Development Enhancement Act of 1983 to declare that one of the purposes of such Act is to establish a temporary tied aid credit program to combat the predatory concessional credit programs of foreign governments. Directs the President to negotiate limits on partially untied aid credit. Changes the U.S. negotiating objectives to include references to partially untied aid credits. Directs the Secretary of the Treasury to establish within the Department of the Treasury a program of tied aid credits for U.S. exports. Requires the program to be carried out in cooperation with the Export-Import Bank or with private financial institutions or entities. (Currently the program is established within the Export-Import Bank and carried out in cooperation with the Agency for International Development (AID).) Sets forth financing methods that may be included in such program. Sets forth factors the Secretary of the Treasury shall consider in determining whether to provide financing with respect to a particular country or firm. Authorizes appropriations through FY 1987. Repeals the provision that established a tied aid credit program in AID. Requires the Secretary to seek the advice of the National Advisory Council on International Monetary and Financial Policies before approving financing under the tied aid credit program. Terminates the tied aid credit program on September 30, 1987. Limits judicial review of actions by the Chairman of the Export-Import Bank and by the Secretary. Changes the definition of "tied aid credit." Defines "partially untied aid credit." Deletes references to government-mixed credits and public-private cofinancing. Subtitle B: Foreign Trade Practices - Amends the Export Administration Act of 1979 to make it unlawful for any U.S. person, in order to receive help in obtaining business with a foreign government or entity, corruptly to offer money or anything of value to a foreign official or a foreign political party, candidate, or party official. Prohibits a U.S. person from acting in U.S. interstate or foreign commerce with knowledge that a third party will make such an offer for such a purpose. Exempts from such prohibitions: (1) any payment made to expedite, or secure the performance of, a routine governmental action, other than an action to award business to a U.S. person; or (2) any payment which is permitted under the law of the country involved. Directs the Secretary of Commerce to issue guidelines and procedures for compliance with this Act. Requires the Secretary of Commerce to establish a procedure to provide responses to specific inquiries concerning compliance with this subtitle. Sets forth penalties for violations of this subtitle. Requires the Secretary of Commerce to review and report to the President and to specified congressional committees on the impact of the amendments made by the this Act on the export activities of U.S. businesses. Expresses the sense of the Congress that the President should pursue the negotiation of an international agreement governing payments made to foreign government or political party officials in order to receive help in obtaining business from that foreign government. Directs the President to report to the Congress within one year of enactment of this Act on those negotiations and other possible actions. Subtitle C: Miscellaneous Provisions - Directs the Secretary of Commerce to study and report to the Congress on: (1) U.S. laws that hamper U.S. ability to export goods and services; and (2) an estimate of the increase in exports if each such law were amended to promote exports. Requires each Federal agency, before taking any major action that may affect international trade, to prepare and publish a report on the potential impact of such action on U.S. international trade and on the ability of U.S. firms to compete in foreign markets. Requires the Director of the Congressional Budget Office to monitor, and study the potential impact of, legislation which may affect U.S. international trade and the ability of U.S. firms to compete in foreign markets. Expresses the sense of the Congress that: (1) each U.S. Executive Director of a multilateral development bank should take specified actions to promote procurement opportunities for U.S. firms; and (2) a Foreign Commercial Officer should be assigned to each such Director to help promote such opportunities. Requires the Export-Import Bank to negotiate agreements with State agencies that promote exports which will establish procedures to ensure consultation and coordination: (1) between the Export-Import Bank and such State agencies; and (2) among such State agencies. Requires the Export-Import Bank and the Secretary of Commerce to ensure that such State agencies have access to the trade information system developed under title IX of this Act. Directs the Secretaries of State and Commerce to review periodically the number of personnel assigned to U.S. missions abroad to determine whether an adequate number of such personnel are engaged in economic or commercial duties to aid U.S. exporters and businesses doing business outside the United States. Declares that the Secretaries should extend the length of assignment of such personnel in order to ensure greater continuity in promoting U.S. exports. Requires each chief of a U.S. mission to a country that is an important trading partner and which has significant potential for U.S. export sales to report annually to the President and the Congress on: (1) the strategy used by such mission to expand U.S. exports; and (2) the efforts of such mission to assist U.S. industries in expanding export sales and in improving their market position. Title III: Economic Growth and Trade Expansion - Directs the President to initiate negotiations with foreign countries in order to: (1) coordinate macroeconomic adjustments; (2) base their economic growth on a balance of foreign and domestic demand; and (3) ensure that such foreign countries pursue a pro-growth strategy to resolve the international debt crisis. Title IV: Maintenance and Development of Agricultural Export Markets - Authorizes appropriations for research that would enhance the long-term competitiveness in world markets of U.S. agricultural commodities. Directs the Secretary of Agriculture to monitor research and trade practices carried out by foreign countries to promote the export of agricultural commodities and to report annually to the Congress concerning: (1) trends in the comparative position of U.S. and foreign exports of farm commodities; (2) new research developments that may affect the competitiveness of U.S. farm commodities; (3) the level of U.S. and foreign subsidies provided to promote agricultural exports; and (4) the marketing in nonmarket economies of U.S. farm commodities. Amends the Food Security Act of 1985 to direct the Secretary of Agriculture to provide farm commodities acquired by the Commodity Credit Corporation to improve the quality of grain exported from the United States. Directs the Secretary of Agriculture to report annually to the Congress on the impact of actions of the USTR on the export of U.S. farm commodities. Title V: Relief from Injury Caused by Import Competition - Amends the Trade Act of 1974 to allow one of the purposes of an import relief petition to be the desire to enhance competitiveness. Includes among the economic factors to be considered in determining whether increased imports constitute a serious injury to a domestic industry the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. Adds to the factors to be considered in import relief investigations relating to whether increased imports are a threat of serious injury to a domestic industry: (1) any combination of coordinated government actions that are bestowed on a specified enterprise the effect of which is to increase the competitiveness of that enterprise and that cause or threaten to cause serious injury to the domestic industry concerned; (2) the existence of an affirmative antidumping or countervailing duty determination; (3) the extent to which firms in the domestic industry concerned are unable to maintain existing levels of research and development expenses; and (4) the extent to which the U.S. market is the focal point for diversion of exports because of a foreign country's market restraints. Requires the International Trade Commission (ITC), in determining what domestic industry is affected by imports, to treat as part of the domestic industry only the domestic production of a domestic producer who also imports. Prohibits considering imports of like or directly competitive articles by domestic producers as a factor indicating the absence of serious injury or threat of serious injury to a domestic industry. Requires the ITC, in an import relief investigation, to consider factors other than imports which may cause injury or threaten injury to a domestic industry and to report on such factors to the President. Permits the ITC to recommend both increases in import restrictions and adjustment assistance if the ITC finds that increased imports are causing a serious injury or threat of serious injury to a domestic industry. Requires the ITC to prepare for the President an estimate of the short-term and long-term effects of such increases in import duties or import restrictions on private and industrial consumers. Directs the President to impose provisional import relief if critical circumstances exist (circumstances caused by a significant increase in imports over a short period of time in which a delay in the imposition of relief would cause damage to the domestic industry that would be difficult to remedy under the usual import relief measures). Authorizes filing a petition with the Secretary of Agriculture for emergency import relief in addition to any petition filed with the ITC if the petition relates to imports of perishable products. Requires the Secretary to make a recommendation to the President within 14 days of receiving such petition on whether or not to take emergency action. Requires the Secretary to recommend emergency relief if the Secretary finds that emergency action is warranted and that increased imports of a perishable product are a substantial cause of serious injury or threat of serious injury to the competing domestic industry. Requires the President to decide, within seven days of receiving such recommendation, what, if any, import restrictions to impose on such imports. Provides for the termination of such emergency relief. Requires the ITC to evaluate the effectiveness of import relief actions and to report on such evaluation to the President and the Congress. Requires the USTR to establish a plan development group for an industry after the ITC begins an import relief investigation based upon a petition filed by firms, a union, or a group of workers that represent a significant portion of the domestic industry if the petitioners request the establishment of such a plan development group. Requires each such group (made up of government and private sector representatives) to prepare an assessment of current problems in the industry and a strategy to enhance its competitiveness. Sets forth information to be included in such assessment and strategy. Requires the assessment and strategy to be submitted, along with the opinions of the members of the plan development group on the viability of such strategy, to the petitioner within 120 days of the start of an ITC import relief investigation. Authorizes the petitioner, if the ITC finds that imports have caused serious injury to the domestic industry, to submit the assessment and strategy to the ITC on the day after the ITC makes such finding. Requires the USTR to present to the ITC some of the opinions of Federal agencies on the viability of such strategy. Requires the ITC, upon submission of such assessment and strategy to the petitioner and before the ITC evaluates what effect such a strategy will have on the domestic industry, to try to obtain confidential commitments from the individual members of the domestic industry on their future actions. Requires the ITC to transmit such commitments to certain members of the Government to enable them to evaluate the assessment and strategy. Requires the President under certain circumstances to consider such confidential commitments, assessment and strategy, and recommendations of the interagency trade organization. Sets forth the actions the ITC must take if the ITC finds that increased imports are a substantial cause of or constitute a threat of serious injury to a domestic industry and if an adjustment assessment and strategy have been submitted. Directs the President, in determining whether to provide import relief, to take into account the probable effectiveness of import relief as a means of promoting adjustment or modernization in order to improve competitive abilities. Directs the President, if the President has received an assessment and strategy in connection with an injured or threatened industry, to: (1) provide the import relief found necessary by the ITC; (2) provide substantially equivalent import relief; or (3) submit to the Congress a draft of a bill making certain waivers and containing provisions implementing the import relief, if any, that the President has decided to take. Provides for expedited congressional consideration of such a bill. Requires the President to implement the import relief found necessary by the ITC if after 90 days such bill is not enacted. Provides for publication of the assessment and strategy if import relief is provided. Requires a review committee to: (1) monitor actions taken by petitioners to improve the competitive position of the industry; (2) make recommendations for administrative actions to achieve the objectives of the assessment and strategy; and (3) submit to the Congress legislative recommendations. Provides for expedited consideration of legislative recommendations. Requires the review committee to consult with members of the plan development group and with members of the domestic industry if the objectives and actions specified in the assessment and strategy are not being implemented or if the confidential commitments are not being kept. Authorizes the President to terminate or modify the import relief if, after the consultations, the review committee determines that such failure to implement the strategy or commitments is not justified by changed circumstances and has adversely affected overall implementation of the objectives set forth in the assessment and strategy. Directs the President, before deciding whether to grant import relief, to consult with the interagency trade organization established pursuant to the Trade Expansion Act of 1962 and consider the recommendations of such organization. Changes the import relief actions available to the President. Authorizes the President to proclaim a change in any "auctioned quantitative restriction" on imports of an article. (Current law refers to a "quantitative restriction" of imports.) Deletes the provision authorizing the President to negotiate orderly marketing agreements with foreign countries in order to provide import relief. Includes among the import relief actions available to the President the right to: (1) initiate on an accelerated basis an antidumping or countervailing duty investigation; or (2) enter into multilateral negotiations to address problems not susceptible to unilateral solution. Permits an import relief investigation into imports of an article that received import relief less than two years before the start of the new investigation if good cause is shown. Sets forth the procedure for an antidumping or countervailing duty investigation which the President orders as a form of import relief. Directs the President to impose import restrictions or increase import duties if multilateral negotiations ordered by the President as a form of import relief fail to provide relief from serious injury or the threat of serious injury within one year. Provides for expedited consideration of legislation implementing such import restrictions or import duty increases. Requires the Secretary of the Treasury to issue import licenses in order to enforce certain quantitative limitations on imports. Requires such licenses to be auctioned to the highest bidder. Requires the ITC to review an injury determination and its recommendations relating to the determination if: (1) the ITC has made a unanimous affirmative injury determination; (2) the President declined between January 1, 1984, and October 1, 1985, to prevent or remedy the injury or threat of injury found by the ITC; and (3) a petition for review is filed within one year of enactment of this Act. Requires the ITC, within 60 days of receiving such petition, to: (1) determine whether the injury should be reaffirmed or revoked; and (2) if the injury determination is reaffirmed, report such determination to the President and set forth the increase in import duty or the import restriction necessary to prevent the injury or threat of injury. Requires the ITC to publish such report. Requires the President to decide whether to impose such import relief within 30 days of receiving such report. Title VI: Resistance to Predatory Trade Practices - Directs the Secretary of Commerce to develop criteria for identifying foreign industries that are engaging in predatory competition against U.S. industries. Requires the Secretary of Commerce to monitor and report to the Congress semiannually on: (1) the identity of each such foreign industry; and (2) the aggregate volume of, and rate of, U.S. sales of each such foreign industry. Requires the Secretary of Commerce to submit to the Congress notice of excessive increase in the sales of a product of a predatory foreign industry. Defines excessive increase in sales to mean an increase more than ten percent greater than the sales rate that would be expected based on the product's sales rate during the preceding three years. Provides for expedited congressional consideration of legislation to impose or increase the duty on such a product. Amends the Tariff Act of 1930 to declare that the unauthorized importation (or sale) of articles into the United States that infringe a valid U.S. patent, copyright, trademark, U.S. maskwork, or trade secret is unfair and has the effect of destroying or substantially injuring a U.S. industry or impairing the establishment of such industry. Permits any person to petition the ITC for the issuance of an order to exclude such articles, during its investigation, from entry into the United States. Sets forth: (1) civil penalties for violations under this Act; and (2) procedures for the modification or recission of an ITC order under this Act. Repeals a specified section of the Tariff Act of 1930 relating to the importation of products produced under a process covered by claims of unexpired patent. Process Patent Amendment of 1986 - 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. Directs the Department of Commerce to report to the Congress annually for five years on the effect such restriction has on the importation of ingredients for U.S. manufacturing. Expresses the sense of the Congress that the amount of funds appropriated to the Customs Service should be sufficient to provide enough personnel to enforce the customs laws. Amends the Tariff Act of 1930 to include in the definition of "subsidy" (for antidumping and countervailing duty purposes) any resource input subsidy. States that a "resource input subsidy" is found to exist if: (1) (a) a product is provided or sold by a government-regulated or controlled entity within a country for input use within such country at a domestic price that is lower than the fair market value of the input product and is not freely available to U.S. producers; and (b) a product would, if sold at the fair market value, constitute a significant portion of the total cost of the manufacture or production of the merchandise in or for which the input product is used; or (2) under specified circumstances, the right to remove or extract such product is provided or sold by a government or a government-regulated or controlled entity within a country. Sets forth the method of calculation for the amount of a resource input subsidy. Defines "fair market value" and "input use." Requires injury determinations by the ITC to be made in all countervailing duty investigations relating to the existence of resource input subsidies. Title VII: International Trade Negotiations - Directs the USTR to request the contracting parties to the General Agreement on Tariffs and Trade (GATT) to join the United States in ministerial sessions preparatory to a new round of negotiations. Sets forth the goals of such sessions, including: (1) strengthening GATT articles in certain areas and strengthening the GATT as an institution; and (2) tightening GATT enforcement measures. Title VIII: International Debt Crisis - Requires the Secretary of the Treasury, the USTR, and the Federal Reserve Board to study and report to the Congress on the options for improving the international debt crisis and on the consequences of flexibility in repayment of international debt under certain conditions. Expresses the sense of the Congress that a satisfactory resolution of the debt crisis and a resumption of economic growth in the developing world require that: (1) the products of debtor countries have reasonable access to the markets of industrialized countries; and (2) industrialized countries benefitting from U.S. defense provide greater financial commitment to the international organizations aiding debtor countries. Directs the Secretary of State, the Secretary of the Treasury, and the Secretary of Agriculture to study the feasibility of implementing a Cooley Loan Program and to develop a list of those less developed countries in which Cooley Loan Program activities might be conducted. Sets forth the requirements for a Cooley Loan Program. Title IX: Trade Information - Directs the Secretary of Commerce, through the International Trade Administration, to develop and maintain an effective system to collect and disseminate information on international trade to U.S. exporters and State agencies that promote exports. Sets forth information to be included in such system. Directs the Secretary of Commerce to establish a program to provide international trade advice and assistance to U.S. businesses.
United States · United States Congress · 30 January 1986
Expresses the sense of the Senate that the Nomenclature Committee of the International Astronomical Union take action to name seven of the ten moons of Uranus discovered by the Voyager 2 spacecraft after the space shuttle Challenger's crew.
United States · United States Congress · 19 December 1985
Expresses the sense of the Senate that the effective date of any fundamental tax reform legislation should generally be January 1, 1987, while recognizing that appropriate transition rules may be necessary to avoid unintended adverse effects and recognizing further that retroactive effective dates may be necessary to extend certain provisions which expire before January 1, 1987.
United States · United States Congress · 17 December 1985
Amends the Toxic Substances Control Act to direct the Administrator of the Environmental Protection Agency to establish a permit program regulating the release, distribution, and use of genetically engineered micro-organisms to protect human health and the environment. Establishes a Biotechnology Science Coordinating Committee within the Federal Coordinating Council for Science, Engineering and Technology to serve as a forum for evaluating potential adverse effects on human health or the environment caused by such organisms.
United States · United States Congress · 12 December 1985
National Competitiveness Education Act - Title I: Excise Tax on Television Sets - Amends the Internal Revenue Code to impose an excise tax upon the sale of any television set by the manufacturer, producer, or importer of television sets. Sets the rate of such tax at two percent of the sales price. Establishes in the Treasury the "National Competitiveness Education Trust Fund" (trust fund). Transfers to such trust fund revenues raised by such television set excise tax. Title II: Programs Funded by National Competitiveness Education Trust Fund - Part A: National Mathematics and Science Teachers Scholarships - Authorizes the Secretary of Education to make grants to States from funds allotted from such trust fund in order to provide mathematics and science teachers scholarships. Requires States receiving such grants to award such scholarships to secondary and postsecondary students who demonstrate an interest in a teaching career in the fields of mathematics or science at the elementary school or secondary school level. Sets forth standards and procedures for the selection of scholarship recipients. Limits the amount of such scholarships to $5,000 for each academic year (not to exceed four years) of postsecondary education. Requires recipients of such scholarships to teach mathematics or science in a public elementary or secondary school for at least two years after completing the postsecondary education for which the scholarship was awarded. Part B: Mathematics and Science Teachers Summer Fellowships - Authorizes the Secretary to make grants to States from funds allotted from such trust fund in order to provide fellowships for summer study to elementary and secondary school mathematics and science teachers. Sets forth standards and procedures for the selection of fellowship recipients. Limits the amount of such fellowships to $5,000 per summer (not to exceed two summers). Requires recipients of such fellowships to teach mathematics or science in a public elementary or secondary school for at least two years following the award of such a fellowship. Part C: General Provisions - Sets forth standards and procedures for the authorization and allocation of funds from such trust fund. Sets forth defnitions.
United States · United States Congress · 10 December 1985
Amends the Internal Revenue Code to extend the termination of the environmental excise tax on petroleum (Superfund taxes) from September 30, 1985, to March 31, 1986.
United States · United States Congress · 9 December 1985
Amends the Deficit Reduction Act of 1984 to extend from August 1, 1985, until June 30, 1986, the special rules concerning the allocation of research and experimental expenditures to income from sources within the United States. Amends the Internal Revenue Code to extend from December 31, 1985, until June 30, 1986, the income tax credit for increased research and experimental expenditures. Extends from December 31, 1985, until June 30, 1986, the income tax deduction for expenditures to remove architectural and transportation barriers to the handicapped and elderly. Extends from December 31, 1985, until June 30, 1986, the moratorium on net operating loss carryover rules. Extends from January 1, 1986, until July 1, 1986, the moratorium on the issuance of regulations relating to faculty housing. Extends the targeted jobs income tax credit from December 31, 1985, until June 30, 1986. Extends the authorization for appropriations for administrative and publicity expenses through FY 1986. Extends from December 31, 1985, through June 30, 1986, provisions relating to the awarding of attorney's fees to a prevailing taxpayer in a Federal tax case. Extends from December 31, 1985, until June 30, 1986, the limited income tax exclusion for employer-provided educational assistance. Extends from December 31, 1985, until June 30, 1986, the income tax exclusion for amounts received under qualified group legal services plans. Extends from January 1, 1986, until July 1, 1986, the income tax exclusion for certain employer-provided commuting transportation. Extends from December 31, 1985, until June 30, 1986, the limited exclusion of dividends from a public utility that are reinvested in common stock of the utility. Extends from December 31, 1985, (until June 30, 1986, the investment tax credit for specified types of energy property. Extends from December 31, 1985, until June 30, 1986, the residential energy income tax credit. Extends from December 31, 1985, until June 30, 1986, social security coverage of retired Federal judges on active duty.
United States · United States Congress · 6 December 1985
Establishes a Senate Special Panel on Asylum to conduct a study of the general problems of persons from Communist countries seeking asylum in the United States. Requires a final report to the Senate within one year. Sets forth a specified limit on the expenses that such Panel may incur.
United States · United States Congress · 5 December 1985
Title I: Short Title - Farm Credit Partnership Act. Title II: Definitions - Defines "borrower" for the purposes of this Act as being any individual, family corporation, or family partnership that makes at least 50 percent of its gross income from farming and holds an agricultural loan. Limits assistance for any borrower to $400,000 for an individual, and $600,000 for a family corporation or partnership. Lists the qualifications a borrower must demonstrate to receive such assistance. Directs the Secretary of Agriculture to establish a cooperative Federal- State-Lender Agricultural Loan Interest Subsidy Program. Allows a borrower to apply to a lender for an interest rate subsidy with respect to any agriculture loan outstanding on October 1, 1985. Provides that the interest rate for such loans shall be fixed for a period of three years at a rate equal to the rate of the borrower's loan as of December 1, 1985, less up to five percent subsidy. Provides that two percent of the subsidy shall be paid by the Federal government, one to two percent by the State, and one percent by the lender. Requires participating States to submit a plan by June 1, 1986, and March 1 of each year thereafter, which: (1) designates a single agency to run the program; (2) assesses the interest subsidy needs of borrowers in the State; (3) describes the program for the provision of interest subsidies; and (4) estimates the amount of expenditures necessary. Requires the Secretary to review and rule on such plans by July 15, 1986, and April 15, in subsequent years. Provides for disapproval and sanctions of noncompliant plans. Title III: Agricultural Loan Principal Reduction - Allows a participating lender to write down the outstanding principal balance on a loan by such amount as will permit a borrower to qualify for assistance. Declares that the borrower shall not be liable for any of the written-down portion of the loan or the accrued interest attributable. Amends the Consolidated Farm and Rural Development Act to direct the Secretary to establish and carry out a guaranteed loan program pursuant to the Agricultural Loan Cancellation Program. Lists the qualifications and conditions for such guarantees. Title IV: Miscellaneous Provisions - Directs the Federal Deposit Insurance Corporation (FDIC), the Comptroller of the Currency (CCC), and the Federal Reserve System to develop an Inter-Agency Agricultural Task Force. Describes the responsibilities of such task force. Sets forth criminal penalties for anyone who embezzles, misapplies, steals, or obtains by fraud, false statement, or forgery, any funds, assets, or property provided under this Act. Authorizes appropriations.
United States · United States Congress · 20 November 1985
Trade Enhancement Act - Title I: National Trade Policy - Declares that it is U.S. policy to: (1) eliminate or offset foreign unfair trade practices and other trade-distorting measures through enforcement of U.S. laws and rights under the international trading system; (2) strengthen international trading rules and U.S. laws relating to such rules through trade agreements that promote open and fair world trade; (3) aid potentially competitive U.S. industries faced with injury from imports; (4) examine the underlying reasons for exchange rate misalignment and currency market instability and investigate alternative methods of structuring currency values; (5) increase the participation of developing countries in the world trading system; (6) revise U.S. laws related to unfair trade practices to eliminate trade-distorting practices of nonmarket economy countries; (7) protect intellectual property rights of U.S. persons to ensure the competitiveness, technological innovation, and growth of U.S. industry and agriculture; (8) facilitate U.S. exports; and (9) respond immediately to import problems in which national security may be involved. Title II: Trade Barriers and Distortions of Trade - Amends the Trade Act of 1974 to direct the U.S. Trade Representative (USTR) to prepare for the annual report on national trade estimates an estimate of the increase in U.S. exports that would result from the elimination of each act, policy, or practice identified as a significant barrier to, or distortion of, U.S. exports and foreign investment by U.S. persons. Directs the USTR, in preparing the national trade estimate, to consider the international competitiveness of the appropriate goods or services. Directs the USTR to begin investigations on an annual basis with respect to those acts, policies, and practices identified in each report on national trade estimates which: (1) are likely to be acts, policies, or practices that constitute unfair foreign trade practices; and (2) constitute a barrier to, or distortion of, a significant portion of all the U.S. goods and services that the USTR estimates would have been exported if such acts, policies, and practices did not exist. Sets forth factors to be considered in determining whether acts, policies, or practices should be investigated. Transfers from the President to the USTR the authority to: (1) determine whether U.S. action is appropriate to enforce U.S. rights under a trade agreement or to respond to certain foreign trade practices; (2) determine the appropriate additional import relief in such cases; and (3) determine any additional restrictions on service sector access authorizations. Transfers from the President to the USTR the authority to take action on the USTR's own motion. Includes among the foreign trade practices that may trigger a U.S. response any act, policy, or practice that threatens to burden or restrict U.S. commerce. Sets forth a list of foreign acts, policies, and practices which burden U.S. commerce. Authorizes the USTR, in response to certain foreign trade practices, to: (1) enter into binding agreements that fully offset the burden on U.S. commerce of such practices; or (2) withdraw, or refrain from proclaiming, eligibility of a foreign country for preferential treatment under the Generalized System of Preferences. Includes within the meaning of unreasonable foreign trade acts, policies, or practices any combination of unfair foreign trade acts, policies, or practices and any such acts, practices, or procedures that deny: (1) market opportunities (including protection of an industry in its formative stages); (2) opportunities for the establishment of an enterprise; (3) protection of intellectual property rights; or (4) protection against anti-competitive practices. Includes within the definition of "service sector access authorization" any authorization that gives access to the U.S. market to a foreign supplier of goods related to a service. Directs the USTR to determine, within 90 days of the start of such an investigation, whether: (1) the United States is being denied its rights under any trade agreement; or (2) there is any unfair trade act, policy, or practice. Sets forth the actions to be taken by the USTR based on such determination. Requires an import relief action to terminate after seven years if it has existed continuously for seven years and no request to extend the action is made during the last 60 days of such seven year period. Requires the USTR to review the effectiveness of such an import action if a request to extend the import relief is made. Authorizes the President, if such import relief involves raising tariffs or imposing import restrictions, to negotiate a trade agreement providing compensation, or to proclaim tariff changes to provide compensation for certain countries in order to meet U.S. international obligations. Title III: Relief from Injury Caused by Import Competition - Amends the Trade Act of 1974 to allow one of the purposes of an import relief petition to be the desire to enhance competitiveness. Includes among the economic factors to be considered in determining whether increased imports constitute a serious injury to a domestic industry the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. Adds to the factors to be considered in import relief investigations relating to whether increased imports are a threat of serious injury to a domestic industry: (1) any combination of coordinated government actions that are bestowed on a specified enterprise the effect of which is to increase the competitiveness of that enterprise and that cause or threaten to cause serious injury to the domestic industry concerned; (2) the existence of an affirmative antidumping or countervailing duty determination; (3) the extent to which firms in the domestic industry concerned are unable to maintain existing levels of research and development expenses; and (4) the extent to which the U.S. market is the focal point for diversion of exports because of a foreign country's market restraints. Requires the International Trade Commission (ITC) in determining what domestic industry is affected by imports to treat as part of the domestic industry only the domestic production of a domestic producer who also imports. Prohibits considering imports of like or directly competitive articles by domestic producers as a factor indicating the absence of serious injury or threat of serious injury to a domestic industry. Requires the ITC, in an import relief investigation, to consider factors other than imports which may cause injury or threaten injury to a domestic industry and to report on such factors to the President. Permits the ITC to recommend both increases in import restrictions and adjustment assistance if the ITC finds that increased imports are causing a serious injury or threat of serious injury to a domestic industry. Requires the ITC to prepare for the President an estimate of the short-term and long-term effects of such increases in import duties or import restrictions on private and industrial consumers. Directs the President to impose provisional import relief if critical circumstances exist (circumstances caused by a significant increase in imports over a short period of time in which a delay in the imposition of relief would cause damage to the domestic industry that would be difficult to remedy under the usual import relief measures). Authorizes filing a petition with the Secretary of Agriculture for emergency import relief in addition to any petition filed with the ITC if the petition relates to imports of perishable products. Requires the Secretary to make a recommendation to the President within 14 days of receiving such petition on whether or not to take emergency action. Requires the Secretary to recommend emergency relief if the Secretary finds that emergency action is warranted and that increased imports of a perishable product are a substantial cause of serious injury or threat of serious injury to the competing domestic industry. Requires the President to decide, within seven days of receiving such recommendation, what, if any, import restrictions to impose on such imports. Provides for the termination of such emergency relief. Requires the ITC to evaluate the effectiveness of import relief actions and to report on such evaluation to the President and the Congress. Requires the USTR to establish a plan development group for an industry after the ITC begins an import relief investigation based upon a petition filed by firms, a union, or a group of workers that represent a significant portion of the domestic industry if the petitioners request the establishment of such a plan development group. Requires each such group (made up of government and private sector representatives) to prepare an assessment of current problems in the industry and a strategy to enhance its competitiveness. Sets forth information to be included in such assessment and strategy. Requires the assessment and strategy to be submitted, along with the opinions of the members of the plan development group on the viability of such strategy, to the petitioner within 120 days of the start of an ITC import relief investigation. Authorizes the petitioner, if the ITC finds that imports have caused serious injury to the domestic industry, to submit the assessment and strategy to the ITC on the day after the ITC makes such finding. Requires the USTR to present to the ITC some of the opinions of Federal agencies on the viability of such strategy. Requires the ITC, upon submission of such assessment and strategy to the petitioner and before the ITC evaluates what effect such a strategy will have on the domestic industry to try to obtain confidential commitments from the individual members of the domestic industry on their future actions. Requires the ITC to transmit such commitments to certain members of the Government to enable them to evaluate the assessment and strategy. Requires the President under certain circumstances to consider such confidential commitments, assessment and strategy, and recommendations of the interagency trade organization. Sets forth the actions the ITC must take if the ITC finds that increased imports are a substantial cause of or constitute a threat of serious injury to a domestic industry and if an adjustment assessment and strategy have been submitted. Directs the President, in determining whether to provide import relief, to take into account the probable effectiveness of import relief as a means of promoting adjustment or modernization in order to improve competitive abilities. Directs the President, if the President has received an assessment and strategy in connection with an injured or threatened industry, to: (1) provide the import relief found necessary by the ITC; (2) provide substantially equivalent import relief; or (3) submit to the Congress a draft of a bill making certain waivers and containing provisions implementing the import relief, if any, that the President has decided to take. Provides for expedited congressional consideration of such a bill. Requires the President to implement the import relief found necessary by the ITC if after 90 days such bill is not enacted. Provides for publication of the assessment and strategy if import relief is provided. Requires a review committee to: (1) monitor actions taken by petitioners to improve the competitive position of the industry; (2) make recommendations for administrative actions to achieve the objectives of the assessment and strategy; and (3) submit to the Congress legislative recommendations. Provides for expedited consideration of legislative recommendations. Requires the review committee to consult with members of the plan development group and with members of the domestic industry if the objectives and actions specified in the assessment and strategy are not being implemented or if the confidential commitments are not being kept. Authorizes the President to terminate or modify the import relief if, after the consultations, the review committee determines that such failure to implement the strategy or commitments is not justified by changed circumstances and has adversely affected overall implementation of the objectives set forth in the assessment and strategy. Directs the President, before deciding whether to grant import relief, to consult with the interagency trade organization established pursuant to the Trade Expansion Act of 1962 and consider the recommendations of such organization. Includes among the import relief actions available to the President the right to: (1) initiate on an accelerated basis an antidumping or countervailing duty investigation; (2) direct the Attorney General to review applications from the injured industry for antitrust law exemptions; or (3) enter into multilateral negotiations to address problems not susceptible to unilateral solution. Permits an import relief investigation into imports of an article that received import relief less than two years before the start of the new investigation if good cause is shown. Sets forth the procedure for an antidumping or countervailing duty investigation which the President orders as a form of import relief. Sets forth the factors to be used to determine whether to grant an antitrust law exemption if the President as a form of import relief orders the Attorney General to consider applications for such exemptions. Requires the Attorney General to report to specified congressional committees if any such exemption is granted. Directs the President to impose import restrictions or increase import duties if multilateral negotiations ordered by the President as a form of import relief fail to provide relief from serious injury or the threat of serious injury within one year. Provides for expedited consideration of legislation implementing such import restrictions or import duty increases. Requires the ITC to review an injury determination and its recommendations relating to the determination if: (1) the ITC has made a unanimous affirmative injury determination; (2) the President declined between January 1, 1984, and October 1, 1985, to prevent or remedy the injury or threat of injury found by the ITC; and (3) a petition for review is filed within one year of enactment of this Act. Requires the ITC, within 60 days of receiving such petition, to: (1) determine whether the injury should be reaffirmed or revoked; and (2) if the injury determination is reaffirmed, report such determination to the President and set forth the increase in import duty or the import restriction necessary to prevent the injury or threat of injury. Requires the ITC to publish such report. Requires the President to decide whether to impose such import relief within 30 days of receiving such report. Title IV: Negotiating Authority for Trade Agreements - Amends the Trade Act of 1974 to urge the President to take all appropriate and feasible steps to reduce or eliminate tariff and nontariff barriers to international trade and other distortions of international trade through: (1) the full exercise of U.S. rights under international agreements; and (2) the negotiation of trade agreements. Authorizes the President to enter into trade agreements during the five years following January 3, 1988, to reduce or eliminate trade barriers and distortions if the President finds that: (1) such barriers or distortions unduly restrict U.S. foreign trade or adversely affect the U.S. economy or are likely to result in such a restriction or effect; (2) the purposes of the Trade Act of 1974 will be promoted by the reduction or elimination of such barriers or distortions. Authorizes entering into a trade agreement only if the President, at least 150 days before such agreement is entered into: (1) notifies specified congressional committees of the negotiations of such agreement; (2) consults with each such committee regarding the negotiation; and (3) submits to each such committee a written statement of the specific negotiating objectives that the President anticipates will be achieved by such agreement and its implementing bill, a description of how such objectives will be achieved, and the specific negotiating objectives the President anticipates will not be achieved and the reasons for such failure. Provides that an implementing bill will not receive expedited congressional consideration if such conditions are not met or if a specified congressional committee disapproved the negotiation within 60 days of receiving notice of it. Requires the USTR to consult with interested congressional committees at least once a year on such negotiations, their progress, and obstacles to the achievement of their objectives. Requires the President to consult with specified congressional committees before entering into any trade agreement. Requires the President, whenever entering into a trade agreement, to submit such agreement, together with a draft implementing bill and statement of proposed implementing administrative action to the Congress. Provides that a trade agreement submitted to the Congress shall enter into force with respect to the United States if and only if: (1) the President, at least 90 days before entering into such trade agreement, notified the Congress of intent to enter into it and published notice of such intent; and (2) after entering into the agreement, the President sends the final legal text of the agreement to the Congress along with certain other information. Sets forth certain recommendations the President may make to the Congress to insure that foreign countries which benefit under a trade agreement are subject to obligations under the agreement. Directs the President, upon starting negotiations on a trade agreement to limit trade barriers, to try to obtain an interim agreement under which any country participating in such negotiations shall: (1) decline to impose new trade barriers or trade-distorting devices; and (2) reduce market intervention to allow market forces to govern growth of industries characterized by overcapacity or overproduction. Requires that the U.S. objectives in negotiating trade agreements under the basic authority to negotiate shall be to obtain: (1) more open, fair, and equitable market access; (2) the reduction or elimination of barriers and other trade-distorting practices; and (3) an appropriate overall balance between benefits and concessions within the agricultural, manufacturing, mining, and services sectors. Requires that the principle objectives in negotiating agreements to reduce trade barriers shall be: (1) to obtain with respect to manufacturing, mining, agriculture, and services and with respect to related investments, equivalent competitive opportunities for U.S. exports; and (2) to bring previously made agreements into conformity with principles promoting an open nondiscriminatory, and fair world economic system. Authorizes the President for the five years following January 3, 1988, to: (1) proclaim an increase in an import duty or an imposition of an additional import duty in lieu of any limit on imports of an article; or (2) use import licenses in administering any of such limitations and sell such licenses at public auctions. Title V: Exchange Rates and Developing Country Debt - Subtitle A: Measures Relating to Exchange Rates - Declares that it is U.S. policy that the United States and the Western industrialized allies should coordinate: (1) monetary and fiscal policies in order to eliminate imbalances in trade and capital flows and to stabilize exchange rates; and (2) the participation by central banks in international currency markets in order to reduce severe currency fluctuations, deter currency speculation, aid in the stabilization of the dollar in international currency markets, and promote orderly exchange rate adjustments. Directs the President, within six months of enactment of this Act, to enter into negotiations with: (1) other G-5 countries (West Germany, Japan, the United Kingdom, and France) to improve the international monetary system; (2) the other G-5 countries to enhance their role in coordinating fiscal and monetary policy to ensure that their policies converge on money growth, inflation, fiscal policy, interest rates, and other economic factors; and (3) other countries to achieve reciprocal opportunities for investment. Directs the Secretary of the Treasury and the Federal Reserve Board to accumulate foreign currencies in amounts sufficient to make participation in foreign exchange markets effective and credible. Requires the President to report to the Congress every six months on implementation of this subtitle. Subtitle B: Measures Relating to Developing Country Debtors - Requires the negotiating objectives of the United States with developing country debtors to be to: (1) reduce barriers to U.S. exports; (2) reduce barriers to foreign investment; (3) lessen the burden on U.S. exports and international trade caused by destabilizing debt service and trade and investment barriers maintained by developing countries; (4) lessen the destablizing impact of difficulties in international debt service; (5) encourage developing countries to eliminate structural barriers that limit their efficiency and productivity; and (6) permit the resumption of economic growth of developing countries. Amends the Export-Import Bank Act of 1945 to authorize the Export-Import Bank to establish for FY 1986 through 1989 the Trade Expansion Loan Guarantee and Insurance program. Requires the program to be available to the Export-Import Bank for the establishment of general facilities consisting of guarantees and insurance in support of U.S. exports to specific developing countries if certain conditions are met. Authorizes the President to enter into negotiations with members of the Organization for Economic Cooperation and Development to eliminate official financing or support for new mining or production facilities for commodities in developing countries and to encourage the reduction of commodities from such facilities if the commodity is in oversupply internationally. Authorizes the President to enter into negotiations with members of each multilateral development bank to prohibit aid by each such bank for any new mining or production facility for a commodity that is in oversupply internationally. Authorizes the President to enter into negotiations with the members of the International Monetary Fund (IMF) to terminate the Compensatory Financing Facility and transfer the resources and assets of the Facility to the general resources of the IMF. Authorizes the President to enter into negotiations with members of the International Bank for Reconstruction and Development for: (1) an agreement to permit increases in loans and guarantees by the Bank up to 200 percent of the Bank's unimpaired subscribed capital, reserves, and surplus; (2) an agreement that new lending by the Bank would be at interest rates based upon an index reflecting economic conditions in the country getting the loan; and (3) an agreement that new loans made by the Bank should be conditioned on the removal of existing trade and investment barriers and on the promotion of development of the private sector. Requires the President to report annually to the Congress on implementation of this subtitle. Title VI: Withdrawal of Benefits under Generalized System of Preferences - Directs the President to submit to the Congress, within 90 days of enactment of this Act, a draft of a bill to withdraw, within two years of enactment of this Act, trade preferences under title V of the Trade Act of 1974 from a foreign country if, on the basis of such country's per capita income and other indications of economic development and international competitiveness, the continued provision of such preferences can no longer be justified as promoting economic growth and development in the developing world. Provides for special congressional procedures with respect to such bill. Prohibits such bill from applying to any country which has entered into an agreement with the United States establishing a free trade zone between the United States and such country. Title VII: Nonmarket Economy Countries - Amends the Tariff Act of 1930 to change the method of dealing with dumping from nonmarket economy countries. Requires the foreign market value of merchandise to be the trade-weighted average price at which the merchandise or similar merchandise produced by eligible market economy producers is sold in the United States if: (1) the merchandise under investigation is exported from a nonmarket economy country; and (2) the administering authority finds that the foreign market value of the merchandise cannot be accurately determined under the usual method because information provided by the country is not verifiable or is insufficient. Requires the foreign market value, if a trade-weighted average price is not available, to be the price at which the merchandise or similar merchandise produced by an eligible market economy producers is sold in the United States. Requires the foreign market value, if there are no eligible market economy producers, to be the constructed value of the merchandise or similar merchandise produced in any country other than a nonmarket economy country. Defines nonmarket economy country generally to be a country which appears on a list prepared annually by the administering authority that designates countries whose economies do not operate on market principles of cost or pricing structures. Defines an eligible market economy producer to be a foreign producer who: (1) produces merchandise that is the subject of dumping investigation or any similar merchandise in a country that is not a nonmarket economy country; (2) exports the merchandise or similar merchandise to the United States; and (3) is not subject to an antidumping or countervailing duty order against the merchandise or similar merchandise. Title VIII: Intellectual Property Rights - Amends the Tariff Act of 1930 to declare that the unauthorized importation (or sale) of articles into the United States that infringe a valid U.S. patent, copyright, trademark, U.S. maskwork, or trade secret is unfair and has the effect of destroying or substantially injuring a U.S. industry or impairing the establishment of such industry. Permits any person to petition the ITC for the issuance of an order to exclude such articles, during its investigation, from entry into the United States. Sets forth: (1) civil penalties for violations under this Act; and (2) procedures for the modification or recission of an ITC order under this Act. Repeals a specified section of the Tariff Act of 1930 relating to the importation of products produced under a process covered by claims of unexpired patent. Process Patent Amendment of 1985 - 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. Directs the Department of Commerce to report to the Congress annually for five years on the effect such restriction has on the importation of ingredients for U.S. manufacturing. Agricultural Patent Reform Act of 1985 - Amends the patent laws to extend the terms of patents which encompass specified products or methods for using a product, including methods of manufacturing which primarily use recombinant DNA technology, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a five-year limitation on the extension and a 25-year maximum patent term for the earliest filing. Directs the Commissioner of Patents to notify the appropriate Federal agency upon receipt from the product sponsor of a notice of extension to determine the applicable regulatory review period and whether, within that period, the sponsor acted with due diligence. Provides for notice and informal hearings for persons interested in such determinations. Permits the setting of fees to cover the costs of review. Directs the Commissioner, upon a final determination of the applicable regulatory review period, to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent. Limits the application of such patent term extension to patents for: (1) any new animal drug or antibiotic subject to regulation under the Federal Food, Drug, and Cosmetic Act; (2) any veterinary biological product subject to regulation under the Virus-Serum-Toxin Act; (3) any pesticide subject to regulation under the Federal Insecticide, Fungicide, and Rodenticide Act; and (4) any chemical substance or mixture subject to regulation under the Toxic Substances Control Act. Title IX: Export Related Measures - Subtitle A: Fair Export Financing - Fair Export Financing Act of 1985 - Amends the Trade and Development Enhancement Act of 1983 to declare that one of the purposes of such Act is to establish a temporary tied aid credit program to combat the predatory concessional credit programs of foreign governments. Directs the President to negotiate limits on partially untied aid credit. Changes the U.S. negotiating objectives to include references to partially untied aid credits. Directs the Secretary of the Treasury to establish within the Department of the Treasury a program of tied aid credits for U.S. exports. Requires the program to be carried out in cooperation with the Export-Import Bank or with private financial institutions or entities. (Currently the program is established within the Export-Import Bank and carried out in cooperation with the Agency for International Development (AID)). Sets forth financing methods that may be included in such program. Authorizes appropriations. Repeals the provision that established a tied aid credit program in AID. Requires the Secretary to seek the advice of the National Advisory Council on International Monetary and Financial Policies before approving financing under the tied aid credit program. Terminates the tied aid credit program on September 30, 1987. Limits judicial review of actions by the Chairman of the Export-Import Bank and by the Secretary. Changes the definition of "tied aid credit." Defines "partially untied aid credit." Deletes references to government-mixed credits and public-private cofinancing. Subtitle B: Amendments to the Foreign Corrupt Practices Act of 1977 - Practices and Records 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. Subtitle C: Miscellaneous Provisions - Directs the Secretaries of State and Commerce to review periodically the number of personnel assigned to U.S. missions abroad to determine whether an adequate number of such personnel are engaged in economic or commercial duties to aid U.S. exporters and businesses doing business outside the United States. Declares that the Secretaries should extend the length of assignment of such personnel in order to ensure greater continuity in promoting U.S. exports. Requires each chief of a U.S. mission to a country that is an important trading partner and which has significant potential for U.S. export sales to report annually to the President and the Congress on: (1) the strategy used by such mission to expand U.S. exports; and (2) the efforts of such mission to assist U.S. industries in expanding export sales and in improving their market position. Expresses the sense of the Congress that: (1) each U.S. Executive Director to a multilateral development bank should take specified actions to promote procurement opportunities for U.S. firms; and (2) a Foreign Commercial Officer should be assigned to each such Director to help promote such opportunities. Requires each Federal agency, before taking any major action that may affect international trade, to prepare and publish a report on the potential impact of such action on U.S. international trade and on the ability of U.S. firms to compete in foreign markets. Directs the Secretary of Commerce, through the International Trade Administration, to develop and maintain an effective system to collect and disseminate information on international trade to U.S. exporters. Sets forth information to be included in such system. Title X: National Security - Amends the Trade Expansion Act of 1962 to require the President to implement the recommendations contained in a certain report by the Secretary of Commerce with respect to imports that threaten national security if the President has made no determination and taken no action on such report within 90 days of receiving it. Requires the President and the Secretary to consider, in determining whether imports threaten national security, the impact on national security of: (1) not only short-term supply disruptions of articles needed for national security but also long-term U.S. dependence on imports of such articles; and (2) the loss of a viable domestic industry producing articles needed for national security. Requires the President to issue a proclamation on the date of enactment of this Act that implements the recommendation of the Secretary in such report if the President did not by November 20, 1985, make a specified determination with respect to such report that was received before the date that is 90 days before the enactment of this Act.
United States · United States Congress · 20 November 1985
National Security and Trade Act of 1985 - Amends the Trade Expansion Act of 1962 to require the President to implement the recommendations contained in a certain report by the Secretary of Commerce with respect to imports that threaten national security if the President has made no determination and taken no action on such report within 90 days of receiving it. Requires the President and the Secretary to consider, in determining whether imports threaten national security, the impact on national security of: (1) not only short-term supply disruptions of articles needed for national security but also long-term U.S. dependence on imports of such articles; and (2) the loss of a viable domestic industry producing articles needed for national security. Requires the President to issue a proclamation on the date of enactment of this Act that implements the recommendations of the Secretary in such report if: (1) the President did not by November 30, 1985, make a specified determination with respect to such report that was received before the date of enactment of this Act.
United States · United States Congress · 20 November 1985
Amends the Trade Act of 1974 to direct the U.S. Trade Representative (USTR) to prepare for the annual report on national trade estimates an estimate of the increase in U.S. exports that would result from the elimination of each act, policy, or practice identified as a significant barrier to, or distortion of, U.S. exports and foreign investment by U.S. persons. Directs the USTR, in preparting the national trade estimate, to consider the international competitiveness of the appropriate goods or services. Directs the USTR to begin investigations on an annual basis with respect to those acts, policies and practices identified in each report on national trade estimates which: (1) are likely to be acts, policies, or practices that constitute unfair foreign trade practices; and (2) constitute a barrier to, or distortion of, a significant portion of all the U.S. goods and services that the USTR estimates would have been exported if such acts, policies, and practices did not exist. Sets forth factors to be considered in determining whether acts, policies, or practices should be investigated. Transfers from the President to the USTR the authority to: (1) determine whether U.S. action is appropriate to enforce U.S. rights under a trade agreement or to respond to certain foreign trade practices; (2) determine the appropriate additional import relief in such cases; and (3) determine any additional restrictions on service sector access authorizations. Transfers from the President to the USTR the authority to take action on the USTR's own motion. Includes among the foreign trade practices that may trigger a U.S. response any act, policy, or practice that threatens to burden or restrict U.S. commerce. Sets forth a list of foreign acts, policies, and practices which burden U.S. commerce. Authorizes the USTR, in response to certain foreign trade practices, to: (1) enter into binding agreements that fully offset the burden on U.S. commerce of such practices; or (2) withdraw, or refrain from proclaiming, eligibility of a foreign country for preferential treatment under the Generalized System of Preferences. Includes within the meaning of unreasonable foreign trade acts, policies, or practices any combination of unfair foreign trade acts, policies, or practices and any such acts, practices, or procedures that deny: (1) market opportunities (including protection of an industry in its formative stages); (2) opportunities for the establishment of an enterprise; (3) protection of intellectual property rights; or (4) protection against anti-competitive practices. Includes within the definition of "service sector access authorization" any authorization that gives access to the U.S. market to a foreign supplier of goods related to a service. Directs the USTR to determine, within 90 days of the start of such an investigation, whether: (1) the United States is being denied its rights under any trade agreement; or (2) there is any unfair trade act, policy, or practice. Sets forth the actions to be taken by the USTR based on such determination. Requires an import relief action to terminate after seven years if it has existed continuously for seven years and no request to extend the action is made during the last 60 days of such seven year period. Requires the USTR to review the effectiveness of such an import action if an request to extend the import relief is made. Authorizes the President, if such import relief involves raising tariffs or imposing import restrictions, to negotiate a trade agreement providing compensation, or to proclaim tariff changes to provide compensation for certain countries in order to meet U.S. international obligations.
United States · United States Congress · 20 November 1985
Amends the Trade Act of 1974 to allow one of the purposes of an import relief petition to be the desire to enhance competitiveness. Includes among the economic factors to be considered in determining whether increased imports constitute a serious injury to a domestic industry the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. Adds to the factors to be considered in import relief investigations relating to whether increased imports are a threat of serious injury to a domestic industry: (1) any combination of coordinated government actions that are bestowed on a specified enterprise the effect of which is to increase the competitiveness of that enterprise and that cause or threaten to cause serious injury to the domestic industry concerned; (2) the existence of an affirmative antidumping or countervailing duty determination; (3) the extent to which firms in the domestic industry concerned are unable to maintain existing levels of research and development expenses; and (4) the extent to which the U.S. market is the focal point for diversion of exports because of a foreign country's market restraints. Requires the International Trade Commission (ITC) in determining what domestic industry is affected by imports to treat as part of the domestic industry only the domestic production of a domestic producer who also imports. Prohibits considering imports of like or directly competitive articles by domestic producers as a factor indicating the absences of serious injury or threat of serious injury to a domestic industry. Requires the ITC, in an import relief investigation, to consider factors other than imports which may cause injury or threaten injury to a domestic industry and to report on such factors to the President. Permits the ITC to recommend both increases in import restrictions and adjustment assistance if the ITC finds that increased imports are causing a serious injury or threat of serious injury to a domestic industry. Requires the ITC to prepare for the President an estimate of the short-term and long-term effects of such increase in import duties or import restrictions on private and industrial consumers. Directs the President to impose provisional import relief if critical circumstances exist (circumstances caused by a significant increase in imports over a short period of time in which a delay in the imposition of relief would cause damage to the domestic industry that would be difficult to remedy under the usual import relief measures). Authorizes filing a petition with the Secretary of Agriculture for emergency import relief in addition to any petition filed with the ITC if the petition relates to imports of perishable products. Requires the Secretary to make a recommendation to the President within 14 days of receiving such petition on whether or not to take emergency action. Requires the Secretary to recommend emergency relief if the Secretary finds that emergency action is warranted and that increased imports of a perishable product are a substantial cause of serious injury or threat of serious injury to the competing domestic industry. Requires the President to decide, within seven days of receiving such recommendation, what, if any, import restrictions to impose on such imports. Provides for the termination of such emergency relief. Requires the ITC to evaluate the effectiveness of import relief actions and to report on such evaluation to the President and the Congress. Requires the U.S. Trade Representative (USTR) to establish a plan development group for an industry after the ITC begins an import relief investigation based upon a petition filed by firms, a union, or a group of workers that represent a significant portion of the domestic industry if the petitioners request the establishment of such a plan development group. Requires each such group (made up of government and private sector representatives) to prepare an assessment of current problems in the industry and a strategy to enhance its competitiveness. Sets forth information to be included in such assessment and strategy. Requires the assessment and strategy to be submitted, along with the opinions of the members of the plan development group on the viability of such strategy, to the petitioner within 120 days of the start of an ITC import relief investigation. Authorizes the petitioner, if the ITC finds that imports have caused serious injury to the domestic industry, to submit the assessment and strategy to the ITC on the day after the ITC makes such finding. Requires the USTR to present to the ITC some of the opinions of Federal agencies on the viability of such strategy. Requires the ITC, upon submission of such assessment and strategy to the petitioner and before the ITC evaluates what effect such a strategy will have on the domestic industry to try to obtain confidential commitments from the individual members of the domestic industry on their future actions. Requires the ITC to transmit such commitments to certain members of the Government to enable them to evaluate the assessment and strategy. Requires the President under certain circumstances to consider such confidential commitments, assessment and strategy, and recommendations of the interagency trade organization. Sets forth the actions the ITC must take if the ITC finds that increased imports are a substantial cause of or constitute a threat of serious injury to a domestic industry and if an adjustment assessment and strategy have been submitted. Directs the President, in determining whether to provide import relief, to take into account the probable effectiveness of import relief as a means of promoting adjustment or modernization in order to improve competitive abilities. Directs the President, if the President has received an assessment and strategy in connection with an injured or threatened industry, to: (1) provide the import relief found necessary by the ITC; (2) provide substantially equivalent import relief; or (3) submit to the Congress a draft of a bill making certain waivers and containing provisions implementing the import relief, if any, that the President has decided to take. Provides for expedited congressional consideration of such a bill. Requires the President to implement the import relief found necessary by the ITC if after 90 days such bill is not enacted. Provides for publication of the assessment and strategy if import relief is provided. Requires a review committee to: (1) monitor actions taken by petitioners to improve the competitive position of the industry; (2) make recommendations for administrative actions to achieve the objectives of the assessment and strategy; and (3) submit to the Congress legislative recommendations. Provides for expedited consideration of legislative recommendations. Requires the review committee to consult with members of the plan development group and with members of the domestic industry if the objectives and actions specified in the assessment and strategy are not being implemented or if the confidential commitments are not being kept. Authorizes the President to terminate or modify the import relief if, after the consultations, the review committee determines that such failure to implement the strategy or commitments is not justified by changed circumstances and has adversely affected overall implementation of the objectives set forth in the assessment and strategy. Directs the President, before deciding whether to grant import relief, to consult with the interagency trade organization established pursuant to the Trade Expansion Act of 1962 and consider the recommendations of such organization. Includes among the import relief actions available to the President the right to: (1) initiate on an accelerated basis an antidumping or countervailing duty investigation; (2) direct the Attorney General to review applications from the injured industry for antitrust law exemptions; or (3) enter into multilateral negotiations to address problems not susceptible to unilateral solution. Permits an import relief investigation into imports of an article that received import relief less than two years before the start of the new investigation if good cause is shown. Sets forth the procedure for an antidumping or countervailing duty investigation which the President orders as a form of import relief. Sets forth the factors to be used to determine whether to grant an antitrust law exemption if the President as a form of import relief orders the Attorney General to consider applications for such exemptions. Requires the Attorney General to report to specified congressional committees if any such exemption is granted. Directs the President to impose import restrictions or increase import duties if multilateral negotiations ordered by the President as a form of import relief fail to provide relief from serious injury or the threat of serious injury within one year. Provides for expedited consideration of legislation implementing such import restrictions or import duty increases. Requires the ITC to review an injury determination and its recommendations relating to the determination if: (1) the ITC has made a unanimous affirmative injury determination; (2) the President declined between January 1, 1984, and October 1, 1985, to prevent or remedy the injury or threat of injury found by the ITC; and (3) a petition for review is filed within one year of enactment of this Act. Requires the ITC, within 60 days of receiving such petition, to: (1) determine whether the injury should be reaffirmed or revoked; and (2) if the injury determination is reaffirmed, report such determination to the President and set forth the increase in import duty or the import restriction necessary to prevent the injury or threat of injury. Requires the ITC to publish such report. Requires the President to decide whether to impose such import relief within 30 days of receiving such report.
United States · United States Congress · 20 November 1985
Directs the President to submit to the Congress, within 90 days of enactment of this Act, a draft of a bill to withdraw, within two years of enactment of this Act, trade preferences under title V of the Trade Act of 1974 from a foreign country if, on the basis of such country's per capita income and other indications of economic development and international competitiveness, the continued provision of such preferences can no longer be justified as promoting economic growth and development in the developing world. Provides for special congressional procedures with respect to such bill. Prohibits such bill from applying to any country which has entered into an agreement with the United States establishing a free trade zone between the United States and such country.
United States · United States Congress · 20 November 1985
Amends the Tariff Act of 1930 to change the method of dealing with dumping from nonmarket economy countries. Requires the foreign market value of merchandise to be the trade-weighted average price at which the merchandise or similar merchandise produced by eligible market economy producers is sold in the United States if: (1) the merchandise under investigation is exported from a nonmarket economy country; and (2) the administering authority finds that the foreign market value of the merchandise cannot be accurately determined under the usual method because information provided by such country is not verifiable or is insufficient. Requires the foreign market value, if a trade-weighted average price is not available, to be the price at which the merchandise or similar merchandise produced by an eligible market economy producers is sold in the United States. Requires the foreign market value, if there are no eligible market economy producers, to be the constructed value of the merchandise or similar merchandise produced in any country other than a nonmarket economy country. Defines "nonmarket economy country" generally to be a country which appears on a list prepared annually by the administering authority who designates such countries. Defines an "eligible market economy producer" to be a foreign producer who: (1) produces merchandise that is the subject of a dumping investigation or any similar merchandise in a country that is not a nonmarket economy country; (2) exports the merchandise or similar merchandise to the United States; and (3) is not subject to an antidumping or countervailing duty order against the merchandise or similar merchandise.
United States · United States Congress · 20 November 1985
Directs the Secretaries of State and Commerce to review periodically the number of personnel assigned to U.S. missions abroad to determine whether an adequate number of such personnel are engaged in economic or commercial duties to aid U.S. exporters and businesses doing business outside the United States. Delcares that the Secretaries should extend the length of assignment of such personnel in order to ensure greater continuity in promoting U.S. exports. Requires each chief of a U.S. mission to a country that is an important trading partner and which has significant potential for U.S. export sales to report annually to the President and the Congress on: (1) the strategy used by such mission to expand U.S. exports; and (2) the efforts of such mission to assist U.S. industries in expanding export sales and in improving their market position. Expresses the sense of the Congress that: (1) each U.S. Executive Director to a multilateral development bank should take specified actions to promote procurement opportunities for U.S. firms; and (2) a Foreign Commercial Officer should be assigned to each such Director to help promote such opportunities. Requires each Federal agency, before taking any major action that may affect international trade, to prepare and publish a report on the potential impact of such action on U.S. international trade and on the ability of U.S. firms to compete in foreign markets. Directs the Secretary of Commerce, through the International Trade Administration, to develop and maintain an effective system to collect and disseminate information on international trade to U.S. exporters. Sets forth information to be included in such system.
United States · United States Congress · 20 November 1985
Amends the Trade Act of 1974 to include among the foreign trade practices that may trigger a U.S. response any foreign act, policy, or practice that threatens to burden or restrict U.S. commerce. Declares that a foreign country's act, policy, or practice burdens U.S. commerce if such act, policy, or practice has an adverse effect on trade between the United States and another foreign country. Sets forth a list of foreign acts, policies, and practices which burden U.S. commerce. Includes within the meaning of unreasonable foreign trade acts, policies, or practices any combination of unfair trade acts, policies, or practices and any such acts, practices, or procedures that deny: (1) market opportunities (including incipient industry protection); (2) opportunities for the establishment of an enterprise; (3) protection of intellectual property rights; or (4) protection against anti-competitive practices. Includes within the definition of "service sector access authorization" any authorization that gives access to the U.S. market to a foreign supplier of goods related to a service. Adds to the factors to be considered in import relief investigations relating to whether increased imports are a threat of serious injury to a domestic industry: (1) any combination of coordinated government actions that are bestowed on a specific enterprise the effect of such is to increase the competitiveness of that enterprise and that causes or threatens to cause serious injury to the domestic industry concerned; (2) the existence of an affirmative antidumping or countervailing duty determination; (3) the extent to which firms in the domestic industry concerned are unable to maintain existing levels of research and development expenses; and (4) the extent to which the U.S. market is the focal point for diversion of exports because of a foreign country's market restraints.
United States · United States Congress · 20 November 1985
Title I: Measures Relating to Exchange Rates - Declares that it is U.S. policy that the United States and the Western industrialized allies should coordinate: (1) monetary and fiscal policies in order to eliminate imbalances in trade and capital flows and to stabilize exchange rates; and (2) the participation by central banks in international currency markets in order to reduce severe currency fluctuations, deter currency speculation, aid in the stabilization of the dollar in international currency markets, and promote orderly exchange rate adjustments. Directs the President, within six months of enactment of this Act, to enter into negotiations with: (1) other G-5 countries (West Germany, Japan, the United Kingdom, and France) to improve the international monetary system; (2) the other G-5 countries to enhance their role in coordinating fiscal and monetary policy to ensure that their policies converge on money growth, inflation, fiscal policy, interest rates, and other economic factors; and (3) other countries to achieve reciprocal opportunities for investment. Directs the Secretary of the Treasury and the Federal Reserve Board to accumulate foreign currencies in amounts sufficient to make participation in foreign exchange markets effective and credible. Requires the President to report to the Congress every six months on implementation of this title. Title II: Measures Relating to Developing Country Debtors - Requires the negotiating objectives of the United States with respect to developing country debtors to be to: (1) reduce barriers to U.S. exports; (2) reduce barriers to foreign investment; (3) lessen the burden on U.S. exports and international trade caused by destabilizing debt service and trade and investment barriers maintained by developing countries; (4) lessen the destablizing impact of difficulties in international debt service; (5) encourage developing countries to eliminate structural barriers that limit their efficiency and productivity; and (6) permit the resumption of economic growth of developing countries. Amends the Export-Import Bank Act of 1945 to authorize the Export-Import Bank to establish for FY 1986 through 1989 the Trade Expansion Loan Guarantee and Insurance program. Requires the program to be available to the Export-Import Bank for the establishment of general facilities consisting of guarantees and insurance in support of U.S. exports to specific developing countries if certain conditions are met. Authorizes the President to enter into negotiations with members of the Organization for Economic Cooperation and Development to eliminate official financing or support for new mining or production facilities for commodities in developing countries and to encourage the reduction of commodities from such facilities if the commodity is in oversupply internationally. Authorizes the President to enter into negotiations with members of each multilateral development bank to prohibit aid by each such bank for any new mining or production facility for a commodity that is in oversupply internationally. Authorizes the President to enter into negotiations with the members of the International Monetary Fund (IMF) to terminate the Compensatory Financing Facility and transfer the resources and assets of the Facility to the general resources of the IMF. Authorizes the President to enter into negotiations with members of the International Bank for Reconstruction and Development for: (1) an agreement to permit increases in loans and guarantees by the Bank up to 200 percent of the Bank's unimpaired subscribed capital, reserves, and surplus; (2) an agreement that new lending by the Bank would be at interest rates based upon an index reflecting economic conditions in the country getting the loan; and (3) an agreement that new loans made by the Bank should be conditioned on the removal of existing trade and investment barriers and on the promotion of development of the private sector. Requires the President to report annually to the Congress on implementation of this title.
United States · United States Congress · 20 November 1985
Amends the Trade Act of 1974 to urge the President to take all appropriate and feasible steps to reduce or eliminate tariff and nontariff barriers to international trade and other distortions of international trade through: (1) the full exercise of U.S. rights under international agreements; and (2) the negotiation of trade agreements. Authorizes the President to enter into trade agreements during the five years following January 3, 1988, to reduce or eliminate trade barriers and distortions if the President finds that: (1) such barriers or distortions unduly restrict U.S. foreign trade or adversely affect the U.S. economy or are likely to result in such a restriction or effect; (2) the purposes of the Trade Act of 1974 will be promoted by the reduction or elimination of such barriers or distortions. Authorizes entering into a trade agreement only if the President, at least 150 days before such agreement is entered into: (1) notifies specified congressional committees of the negotiations of such agreement; (2) consults with each such committee regarding the negotiation; and (3) submits to each such committee a written statement of the specific negotiating objectives that the President anticipates will be achieved by such agreement and its implementing bill, a description of how such objectives will be achieved, and the specific negotiating objectives the President anticipates will not be achieved and the reasons for such failure. Provides that an implementing bill will not receive expedited congressional consideration if such conditions are not met or if a specified congressional committee disapproved the negotiation within 60 days of receiving notice of it. Requires the U.S. Trade Representative to consult with interested congressional committees at least once a year on such negotiations, their progress, and obstacles to the achievement of their objectives. Requires the President to consult with specified congressional committees before entering into any trade agreement. Requires the President, whenever entering into a trade agreement, to submit such agreement, together with a draft implementing bill and statement of proposed implementing administrative action to the Congress. Provides that a trade agreement submitted to the Congress shall enter into force with respect to the United States only if: (1) the President, at least 90 days before entering into such trade agreement, notified the Congress of the intent to enter into it and published notice of such intent; and (2) after entering into the agreement, the President sends the final legal text of the agreement to the Congress along with certain other information. Sets forth certain recommendations the President may make to the Congress to insure that foreign countries which benefit under a trade agreement are subject to obligations under the agreement. Directs the President, upon starting negotiations on a trade agreement to limit trade barriers, to try to obtain an interim agreement under which any country participating in such negotiations shall: (1) decline to impose new trade barriers or trade-distorting devices; and (2) reduce market intervention and allow market forces to govern growth of industries characterized by overcapacity or overproduction. Requires that the U.S. objectives in negotiating trade agreements under the basic authority to negotiate shall be to obtain: (1) more open, fair, and equitable market access; (2) the reduction or elimination of barriers and other trade-distorting practices; and (3) an appropriate overall balance between benefits and concessions within the agricultural, manufacturing, mining, and services sectors. Requires that the principal objectives in negotiating agreements to reduce trade barriers shall be to: (1) obtain, with respect to manufacturing, mining, agriculture, and services and with respect to related investments, equivalent competitive opportunities for U.S. exports; and (2) bring previously made trade agreements into conformity with principles promoting an open, nondiscriminatory, and fair world economic system. Authorizes the President for the five years following January 3, 1988, to: (1) proclaim an increase in an import duty or an imposition of an additional import duty in lieu of any limit on imports of an article; or (2) use import licenses in administering any of such limitations and sell such licenses at public auctions.
United States · United States Congress · 20 November 1985
Intellectual Property Rights Enforcement Amendments of 1985 - Amends the Tariff Act of 1930 to declare that acts of importation into, or sale in, the United States of articles that infringe a valid U.S. patent, copyright, trademark, U.S. maskwork, or trade secret are unfair and have the effect of destroying or substantially injuring a U.S. industry or impairing the establishment of such industry. Permits any person to petition the International Trade Commission (ITC) for the issuance of an order to exclude such articles, during its investigation, from entry into the United States. Sets forth: (1) civil penalties for violations under this Act; and (2) procedures for the modification or recision of an ITC order under this Act. Repeals a specified section of the Tariff Act of 1930 relating to the importation of products produced under a process covered by claims of an unexpired patent.
United States · United States Congress · 20 November 1985
Declares that it is U.S. policy to: (1) eliminate or offset foreign unfair trade practices and other trade-distorting measures through enforcement of U.S. laws and rights under the international trading system; (2) strengthen international trading rules and U.S. laws relating to such rules through trade agreements that promote open and fair world trade; (3) aid potentially competitive U.S. industries faced with injury from imports; (4) examine the underlying reasons for exchange rate misalignment and currency market instability and investigate alternative methods of structuring currency values; (5) increase the participation of developing countries in the world trading system; (6) revise U.S. laws related to unfair trade practices to eliminate trade-distorting practices of nonmarket economy countries; (7) protect intellectual property rights of U.S. persons to ensure the competitiveness, technological innovation, and growth of U.S. industry and agriculture; (8) facilitate U.S. exports; and (9) respond immediately to import problems in which national security may be involved.
United States · United States Congress · 14 November 1985
Farm Credit Partnership Act of 1985 - Defines "borrower" for the purposes of this Act as being any individual, family corporation, or family partnership that makes at least 50 percent of its gross income from farming and holds an agricultural loan. Limits assistance for any borrower to $500,000 for an individual, and $750,000 for a family corporation or partnership. Lists the qualifications a borrower must demonstrate to receive such assistance. Directs the Secretary of Agriculture to establish a Cooperative Federal-State-Lender Agricultural Loan Interest Subsidy Program. Allows a borrower to apply to a lender during calendar year 1986 for an interest rate subsidy with respect to any agricultural loan outstanding on October 1, 1985. Provides that the interest rate for such loans shall be fixed for a period of three years or the remaining term of the loan, whichever is less, at a rate equal to the three-year T-bill rate plus three percent, less up to five percent subsidy. Provides that two percent of the subsidy shall be paid by the Federal government, one to two percent by the State, and one percent by the lender. Requires participating States to submit a plan by March 1 of each year which: (1) designates a single agency to run the program; (2) assesses the interest subsidy needs of borrowers in the State; (3) describes the program for the provision of interest subsidies; and (4) estimates the amount of expenditures necessary. Requires the Secretary to review and rule on such plans by April 15 of each year. Authorizes appropriations. Allows an institution to write down the outstanding principal balance on a loan by as much as 30 percent in order to qualify a borrower for assistance under this Act. Declares that the borrower shall not be liable for any of the written-down loan or the accrued interest attributed. Directs the institutions to sell the written-down portion of such loans to the Capital Corporation established by the Farm Credit System. Directs the Secretary of the Treasury to provide to the Capital Corporation such sums necessary to carry out the purposes of this Act. Directs the Governor of the Federal Credit Administration to transfer to the Capital Corporation all moneys in specified revolving funds. Allows the Governor of the Farm Credit Administration to reduce the capital requirements of an institution by not more than 50 percent for up to three years. Forbids any consolidations or mergers of Federal Credit System institutions from October 1, 1985 through January 1, 1986. Prohibits such institutions from defaulting on an outstanding loan during such period. Prohibits the Farmers Home Administration of the United States Department of Agriculture from guaranteeing any new restructured loan during calendar year 1986. Amends the Federal Deposit Insurance Act to authorize the Federal Deposit Insurance Corporation to purchase capital instruments from qualified institutions. Authorizes such institutions to issue capital certificates. Sets forth criminal penalties for anyone who embezzles, misapplies, steals, or obtains by fraud, false statement, or forgery, any funds, assets, or property provided under this Act. Authorizes appropriations.
United States · United States Congress · 13 November 1985
Pharmaceutical Export Amendments of 1985 - 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 where differing health conditions 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 condition prevalent in a developing country among the criteria for orphan drugs.
United States · United States Congress · 13 November 1985
Prohibits an automobile or truck manufacturer from selling or leasing, or offering to sell or lease, any new automobile or truck in interstate commerce to any person (including an automobile dealer) during any sales period at a price which is higher than the lowest price at which any other automobile or truck of the same model, similarly equipped, is sold or leased, or offered for sale or lease, by the manufacturer during that sales period. Sets forth specified exceptions to such prohibition. Permits any person to bring an action against a manufacturer to require compliance with this Act. Declares that nothing in this Act shall repeal, modify, or otherwise affect the application of any provision of the Federal antitrust laws. Declares that no provision of this Act shall be construed to preempt or supersede any provision of State law, except to the extent that the State law is inconsistent with a provision of this Act.
United States · United States Congress · 12 November 1985
Provides that if any foreign country imposes certain sanctions on any United States person then the tax on the income of foreign corporations connected with United States business shall be imposed on the corporations of such foreign country without regard to any treaty between such country and the United States. Specifies the sanctions taken by a foreign country constituting a punitive action with respect to a United States person because a State uses a worldwide unitary apportionment method of measuring State income of multinational corporations doing business within such State.
United States · United States Congress · 7 November 1985
Trade Policy Act of 1985 - Declares the United States should: (1) coordinate Federal activities in order to form a systematic trade policy; (2) provide for the collection and evaluation of data necessary to form such a policy; and (3) build a new system of international trade and financial agreements. Establishes the National Trade Data Committee which shall: (1) establish and maintain a National Trade Data Bank; and (2) provide for the analysis and effective dissemination of information in the National Trade Data Bank. Requires the National Trade Data Bank to consist of international economic and trade data and to serve as a clearinghouse for such data. Requires the National Trade Data Committee to report to the Congress annually on the Data Bank and the information it contains. Excludes the actions of the National Trade Data Committee from certain provisions governing coordination of activities with the Office of Information and Regulatory Affairs. Amends the Trade Expansion Act of 1962 to establish in the Executive Office of the President a National Trade Council which will advise the President on coordinating national and international policies relating to trade. Terminates the Trade Policy Committee upon enactment of this Act. Establishes the Commission on U.S. Trade in the 1990's which shall study and make recommendations concerning U.S. international trade and export policies. Requires the Commission to report to the Congress by July 1, 1987. Authorizes appropriations for FY 1986 and 1987. Amends the Trade Act of 1974 to require the President, by December 31, 1995, to take such action as may be necessary to: (1) revise all U.S. trade and financial agreements in order to meet specified objectives; or (2) replace such agreements with new agreements that meet such objectives. Requires such agreements to: (1) provide for the reciprocal exchange of obligations that are likely to be mutually economically advantageous to the signatories; (2) provide a reasonable likelihood that the United States can enforce the obligations of such agreements; (3) complement and reinforce other agreements; and (4) be subject to certain withdrawal provisions and fulfill certain objectives. Authorizes entering into a replacement agreement only if the President, before starting formal negotiations of such agreement: (1) notified specified congressional committees of such negotiations; and (2) consulted with such committees on such negotiations. Sets forth special provisions governing congressional consideration of a bill implementing such agreement.
United States · United States Congress · 7 November 1985
Ground Water Protection Act of 1985 - Directs the Administrator of the Environmental Protection Agency to establish criteria for groundwater quality, including an analysis of the contaminants and the risks they pose to human and environmental health. Sets a timetable for the establishment of such criteria. Requires the Administrator to appoint an advisory panel. Requires each State to establish numerical standards for contaminants found in the ambient groundwater. Permits separate standards for special systems. Requires each State to use Federal criteria in establishing such standards. Requires each State to assess the groundwater resources within such State and to develop a management strategy and monitoring program for such resources. Requires the Director of the United States Geological Survey to make grants to States for such assessments. Directs the Administrator to make grants to assist States in meeting the other requirements of this Act. Authorizes appropriations.
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