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United States · Official source
2,354 records where Sen. Danforth, John C. [R-MO] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 27 March 1986
Prohibits the obligation of Federal funds for the preparation and mailing of congressional newsletters. Defines such term as any preprinted material prepared as part of a mass mailing by a Member of Congress, excluding notices of the availability of a Member to meet with constituents.
United States · United States Congress · 27 March 1986
Appropriates $10,000,000 to the dairy indemnity program for FY 1986.
United States · United States Congress · 26 March 1986
Title I: Export-Import Bank Act Extension - Export-Import Bank Act Amendments of 1986 - Amends the Export-Import Bank Act of 1945 to authorize the Export-Import Bank (the Bank) to collect fees to cover the marginal costs of the Bank's conferences and publications. Requires the Bank's medium-term financing program to: (1) be available in the form of direct credits to the foreign borrower to finance exports having a value of not less than $50,000; (2) impose minimal administrative, procedural, and documentary burdens on its users; (3) not require the payment of fees unless such fees are equivalent to those charged under the Bank's long-term loan program and are in accordance with certain other requirements. Deletes the provision that declares that the Bank's terms and conditions need not be equivalent to those offered by foreign countries. Prohibits the Bank from imposing a credit application fee unless: (1) the fee is competitive with the average fee charged by the Bank's primary foreign competitors and is related to the risk of the transaction; and (2) the borrower or the U.S. exporter is given the option of paying the fee over the lifetime of the loan. Prohibits the Bank from withdrawing or denying financing to a country or for a transaction backed by a country on the basis that there is no reasonable assurance of repayment if the National Advisory Council on International Monetary and Financial Policies (the National Advisory Council) makes a contrary determination. Requires the Bank to provide medium-term risk protection coverage through multiple exporter organizations for the members and clients of such organizations. Requires that support of exports under the Export-Import Bank Act of 1945 shall be made available to U.S. exporters directly or to U.S. banks, non-U.S. banks, or nonbank lenders financing U.S. exports with such support. Requires the Bank to authorize the transferability of medium- and long-term obligations insured or guaranteed by the Bank without affecting, limiting, or terminating the guarantee or insurance provided by the Bank. Authorizes appropriations for FY 1987 to cover the net subsidy cost of new direct loans under the program limitations of FY 1987. Extends the authority of such Act through FY 1996. Requires the Bank, in all cases involving potential adverse impact on domestic industries or employment, to consider and address in writing the view of parties who may be substantially adversely affected by the loan or guarantee before taking final action on such loan or guarantee. Requires the Secretary of the Treasury to investigate whether noncompetitive financing is being offered whenever the Secretary receives information that a foreign country is providing export credits that exceed the limits of certain agreements irrespective of whether the governments offering the credits are signatories to such agreements. Requires (current law authorizes) the Bank to be authorized to provide matching financing if the foreign government does not withdraw such credits or does not respond to the U.S. request that such credits be withdrawn. (Current law conditions such requirement upon a finding that the availability of noncompetitive financing is likely to be a significant factor in the sale.) Requires the Bank to report to the Congress on its medium-term export support program by April 15, 1987. Sets forth information to be included in such report. Requires the Bank and the Office of Management and Budget to report to the Congress and the General Accounting Office on: (1) the need for U.S. Government involvement in export credit insurance; (2) the need to employ an agent in administering government-supported insurance programs; and (3) the efficiency and effectiveness of continuing to use the Foreign Credit Insurance Association as the Bank's agent. Title II: Elimination of Foreign Predatory Export Credit Practices - Fair Export Financing Act of 1986 - Directs the Secretary of the Treasury (the Secretary) to establish within the Department of the Treasury a program of tied aid credits for U.S. exports in order to facilitate the negotiation of a comprehensive international arrangement restricting the use of tied aid and partially untied aid credits for commercial purposes. Authorizes using such tied aid credit facility to respond to predatory financing activities by other countries. Requires the tied aid credit program to be carried out by the Secretary in cooperation with the Bank or with private financial institutions or entities. Prohibits approval of any financing under programs authorized by this Act without the concurrence of the National Advisory Council. Authorizes the U.S. Trade Representative and the Secretary of Commerce to provide to the Secretary and the National Advisory Council trade information on those countries which block progress toward a comprehensive international arrangements on tied aid credit. Sets forth financing methods that may be included in such program. Authorizes appropriations for FY 1987 and 1988 for such program. Authorizes the Secretary to reimburse the Export-Import Bank for the cost of tied aid credits authorized by the Export-Import Bank during FY 1986. Requires each financing made pursuant to such program to be consistent with the procedures established by the Arrangement on Guidelines for Officially Supported Export Credits. Limits judicial review of actions by the National Advisory Council, the Secretary, and the Chairman of the Export-Import Bank. Requires the Secretary to report every six months to the Congress on: (1) the principal offers of predatory financing by foreign countries during the past six months; (2) steps taken to combat specific predatory financing practices of foreign countries; (3) use of the fund by the United States to match specific predatory financing practices of foreign countries and to initiate tied aid credit offers; (4) the additional steps the United States will take to discourage such practices; and (5) progress achieved in negotiations to establish a comprehensive international arrangement restricting the use of tied aid and partially untied aid credits.
United States · United States Congress · 26 March 1986
Amends the Tariff Act of 1930 with respect to antidumping and countervailing duty investigations to require the producers or growers of agricultural products to be considered part of the industry that produces processed agricultural products if such products are produced from the raw agricultural product through a single continuous line of production, and there is a substantial coincidence of economic interest between the producers of the raw agricultural product and the producers of the processed agricultural product based upon certain economic factors. Sets forth specified factors, for purposes of this Act, to be considered to determine: (1) when a processed agricultural product shall be deemed to be processed from a raw agricultural product through a single continuous line of production; and (2) questions of coincidence of economic interest. Defines "raw agricultural product." Requires the International Trade Commission, with respect to whether imports (or sales for importation) of both a raw agricultural product and a product processed from such raw agricultural product threaten material injury to a U.S. industry, to consider, in addition to other relevant economic factors, the likelihood that an affirmative determination by the Commission with respect to either products (but not both) would result in an increase in the imports of the other agricultural product to an injurious level. Includes U.S. manufacturers, producers, or wholesalers engaged in the production of processed agricultural products as "interested parties" with respect to antidumping and countervailing duty investigations involving such products.
United States · United States Congress · 26 March 1986
Fair Export Financing Act of 1986 - Amends the Export-Import Bank Act of 1945 to direct the Secretary of the Treasury (the Secretary) to establish within the Department of the Treasury a program of tied aid credits for U.S. exports in order to facilitate the negotiation of a comprehensive international arrangement restricting the use of tied aid and partially untied aid credits for commercial purposes. Authorizes using such tied aid credit facility to respond to predatory financing activities by other countries. Requires the tied aid credit program to be carried out by the Secretary in cooperation with the Export-Import Bank or with private financial institutions or entities. Prohibits approval of any financing under programs authorized by this Act without the concurrence of the National Advisory Council on International Monetary and Financial Policies (the National Advisory Council). Authorizes the U.S. Trade Representative and the Secretary of Commerce to provide to the Secretary and the National Advisory Council trade information on those countries which block progress toward a comprehensive international arrangement on tied aid credit. Sets forth financing methods that may be included in such program. Authorizes appropriations for FY 1987 and 1988 for such program. Authorizes the Secretary to reimburse the Export-Import Bank for the cost of tied aid credits authorized by the Export-Import Bank during FY 1986. Requires each financing made pursuant to such program to be consistent with the procedures established by the Arrangement on Guidelines for Officially Supported Export Credits. Limits judicial review of actions by the National Advisory Council, the Secretary, and the Chairman of the Export-Import Bank. Requires the Secretary to report every six months to the Congress on: (1) the principal offers of predatory financing by foreign countries during the past six months; (2) steps taken to combat specific predatory financing practices of foreign countries; (3) use of the fund by the United States to match specific predatory financing practices of foreign countries and to initiate tied aid credit offers; (4) the additional steps the United States will take to discourage such practices; and (5) progress achieved in negotiations to establish a comprehensive international arrangement restricting the use of tied aid and partially untied aid credits.
United States · United States Congress · 24 March 1986
Unfair Trade Concessions Requirements Act - Requires the President to seek commitments in trade agreement negotiations to remove existing, and avoid future use of, unfair trade concessions requirements. Permits such commitments to provide for the temporary use of unfair trade concessions requirements by certain developing countries. Amends the Trade Act of 1974 to define "unfair trade concessions requirements" to mean any practice or policy of a foreign government that requires, as a condition for allowing U.S. imports into such country or for carrying on businesses in such country, that: (1) substantial investment be made in such country; (2) intellectual property be licensed to such country; or (3) other collateral concession be made. Makes countries that impose unfair trade concessions requirements on U.S. products covered by bilateral trade agreements ineligible for designation as beneficiary developing countries under the Caribbean Basin Economic Recovery Act and under the Generalized System of Preferences of the Trade Act of 1974.
United States · United States Congress · 20 March 1986
Authorizes and requests the President to designate April as Fair Housing Month.
United States · United States Congress · 20 March 1986
Commends Project Equality, Incorporated, on its 20th anniversary.
United States · United States Congress · 19 March 1986
Employment Opportunities for Disabled Americans Act - Makes permanent provisions which provide benefits under title XVI (Supplemental Security Income) of the Social Security Act for individuals who perform substantial gainful activity despite a severe medical impairment. Removes SSI limitations for the first two months of an individual's stay in a health facility if such individual was eligible for the benefits made permanent by this Act during the month preceding admission to the facility. Requires the district offices of the Social Security Administration to each designate a staff member to implement the program providing benefits to individuals who perform substantial gainful activity despite severe medical impairment. Revises the eligibility requirements for such benefits. Directs the Secretary of Health and Human Services to establish and implement procedures which provide that whenever an individual is formally notified of his or her SSI eligibility, such individual will also be notified of the availability of assistance under title XIX (Medicaid) of such Act. Directs the Secretary, when any individual receives SSI benefits on the basis of a disability, to notify such individual of his or her potential eligibility for the SSI benefits available for those performing substantial gainful activity despite a severe medical impairment. Directs the Comptroller General to conduct a study of the operation of the SSI section which provides benefits for individuals who perform substantial gainful activity despite a severe medical impairment, with the particular objective of evaluating the work incentive provisions of such section. Requires the Comptroller General to report to the Congress the findings of such study. Provides that when an individual becomes ineligible for SSI benefits upon entitlement to child's insurance benefits under title II (Old Age, Survivors and Disability Insurance) of the Act, such individual shall be treated for Medicaid purposes as continuing to receive SSI benefits so long as he or she would otherwise be eligible for such benefits. Authorizes the Secretary to conduct demonstration projects designed to assess the advantages and disadvantages of various work incentive programs under the OASDI and SSI programs. Sets forth reporting requirements.
United States · United States Congress · 19 March 1986
Tax Carryover Limitation Act of 1986 - Amends the Internal Revenue Code to revise the method of calculating the limitations on net operating loss carryovers and certain built-in losses following a change in control of a corporation. Specifies that the amount of such limitation for a post-change in ownership year shall be equal to the value of the old loss corporation immediately before the ownership change multiplied by the Federal mid-term rate in effect on the change date. Provides that if such limitation for any post-change year exceeds the taxable income of the new loss corporation which was offset by pre-change losses, the limitation for the next post-change year shall be increased by the amount of such excess. Sets forth definitions, ordering rules, and special rules relating to such limitation. Provides for special rules for built-in gains and losses. Specifies that if the old loss corporation has a net unrealized built-in gain, the limitation for any taxable year ending in the recognition period shall be increased by the recognized built-in gains for such taxable year. Requires the Secretary of the Treasury to prescribe regulations, for cases of an ownership change of a corporation, which apply such limitations with respect to net operating loss carryovers to: (1) any unused credit of such corporation for increasing research activities and the carryback and carryforward of unused credits; (2) any excess foreign taxes paid; and (3) any net capital loss of such corporation.
United States · United States Congress · 19 March 1986
Africa Famine, Recovery and Development Fund Act of 1986 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide aid for: (1) relief, rehabilitation, and recovery activities in Africa; and (2) long-term development in Africa. Sets forth the objectives of such long-term development assistance. Authorizes appropriations for FY 1988 through 1991 to carry out this Act. Makes certain other development and economic assistance funds available for assistance to Africa. Designates such authorizations and funds as the Africa Famine, Recovery and Development Fund. Authorizes the Agency for International Development (AID) to take whatever administrative steps are appropriate to provide goods and services for such assistance on an expedited basis and to finance goods and services normally found in the recipient country. Authorizes the President to make available to international organizations some of the assistance funds authorized by this Act. Encourages AID and the African Development Bank and the African Development Fund to cooperate on activities in support of the objectives of this Act. Expresses the sense of the Congress that the President should: (1) encourage the Organization for Economic Cooperation and Development, the International Bank for Reconstruction and Development, and the United Nations to take a leading role in coordinating development efforts in Africa; and (2) assist the efforts of such agencies. Expresses the sense of the Congress that the Secretary of State should coordinate a special effort to reduce trade barriers and encourage economic interchange with the developing countries of Africa. Includes in the President's annual report to the Congress on foreign aid programs a report on the progress made in carrying out this Act. Amends the Peace Corps Act to include in the President's annual report to the Congress on Peace Corps programs a report on the activities undertaken to carry out this Act.
United States · United States Congress · 18 March 1986
Authorizes the President, on behalf of the Congress, to present a gold medal to the family of Harry Chapin in recognition of Harry Chapin's efforts to address issues of world hunger.
United States · United States Congress · 18 March 1986
Commends Stephen E. Bell for his tireless and exemplary service to the Senate.
United States · United States Congress · 13 March 1986
Designates October 16, 1986, as World Food Day.
United States · United States Congress · 11 March 1986
Amends the Communications Act of 1934 to reduce the term of office of members of the Federal Communications Commission from seven to five years. Specifies exceptions for terms of current members.
United States · United States Congress · 5 March 1986
Designates the month of May 1986 as National Birds of Prey Month.
United States · United States Congress · 28 February 1986
Risk Retention Amendments of 1986 - Amends the Product Liability Risk Retention Act of 1981 to rename it the Liability Risk Retention Act of 1986. Revises the definition of "liability insurance," currently limited to product liability and completed operations liability, to cover any legal liability of an organization for damages because of injuries to other persons, damage to their property, or other loss or damage arising out of its business, trade, products, services (including professional services), premises or operations, but excluding personal risk insurance, workers' compensation, and employers' liability insurance. Defines as "organizations" eligible to purchase liability insurance any association, business, corporation, professional corporation or partnership, chruch, hospital, school, university or other institution or a State or local government. Excludes from the coverage of this Act product liability risk retention groups formed under the laws of Bermuda or the Cayman Islands before January 1, 1985. (Current law excludes groups formed under the laws of Bermuda or the Cayman Islands on or after January 1, 1985.) Repeals the requirement that a risk retention group be composed of members each of whose principal activity consists of the manufacture, design, importation, distribution, packaging, labeling, lease or sale of a product or products. Subjects such groups to State no-fault automobile insurance requirements. Limits the authority to provide insurance under such Act to liability insurance.
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 · 6 February 1986
Extends congratulations and best wishes to President Ronald Reagan on his 75th birthday.
United States · United States Congress · 31 January 1986
Authorizes the Senate Committee on Commerce, Science, and Transportation, from March 1, 1986, through February 28, 1987, to: (1) make expenditures from the contingent fund; (2) employ personnel; (3) utilize, on a reimbursable basis, the services of department or agency personnel; (4) procure consultant services; and (5) train professional staff.
United States · United States Congress · 30 January 1986
Authorizes and requests the President to designate June 2 through June 8, 1986, as National Fishing Week.
United States · United States Congress · 29 January 1986
Amends the Trade Act of 1974 to extend the trade adjustment assistance programs for workers and firms through March 15, 1986.
United States · United States Congress · 28 January 1986
Expresses the deep sorrow of the Senate for the fate of the space shuttle Challenger.
United States · United States Congress · 23 January 1986
Expresses the support and encouragement of the Senate for the United States Disabled Ski Team.
United States · United States Congress · 20 December 1985
Product Liability Voluntary Claims and Uniform Standards Act - Title I - States that this Act governs any civil action brought against a manufacturer or product seller for personal injury or property damage caused by a product. Preempts State law regarding recovery for injury or damage caused by a product to the extent that an applicable rule of law regarding recovery is established. Establishes record retention requirements for: (1) manufacturers of products for which recovery may be sought under this Act; and (2) any party to a civil action governed by this Act. Establishes civil penalties for the willful destruction of such records. Allows the court to establish a rebuttable presumption adverse to a party who has allowed such records to be destroyed nonwillfully. Requires any attorney contacted by a client inquiring about rights of recovery for harm caused by a product to provide such client with certain information. Allows a client to bring an action against an attorney who fails to make such disclosures. Allows the delivery of the summons and complaint by certified mail upon the defendant in any action brought under this Act. Provides that evidence that a manufacturer or product seller admitted liability or made payment to a claimant for harm caused by a product shall not be admissible in any action brought under this Act or otherwise. States that expert scientific or medical opinion is not sufficient evidence to establish any fact for the purposes of this Act unless such opinion has support in peer-reviewed studies. Provides that subsequent remedial action taken by the manufacturer or product seller shall not be admissible to prove liability. Requires any manufacturer not incorporated or registered to do business under the laws of a State to appoint an agent for service of process in the United States. Requires the Secretary of Commerce to maintain a registry of such agents. Provides civil penalties for manufacturers who fail to comply with such provisions. Establishes the Product Liability Review Panel to assess the expedited procedures and remedies provided by this Act and report to the Congress. Title II - Allows a person who has suffered harm caused by a product to submit an expedited claim. Provides that payment of an expedited claim shall not bar an action for associated physical damage to property. Sets forth the procedures for the submission of an expedited claim. States that the manufacturer shall be liable for the net economic loss of the claimant, as defined in this Act, if: (1) the product, when it left the control of the manufacturer, was unreasonably dangerous; and (2) the unreasonably dangerous aspect of the product was the proximate cause of the claimant's harm while the product was being used in a manner reasonably anticipated by the manufacturer. Provides for the payment of net economic losses, or other mutually acceptable disposition, where the manufacturer does not contest liability. Imposes binding arbitration where the manufacturer has declined to make full payment of an expedited claim solely because of a dispute over the amount of economic loss. Allows a claimant to bring a civil action for an order enforcing his rights where the manufacturer has denied liability. Directs a court to award exemplary damages where there is a finding that the manufacturer had no good cause to: (1) deny liability; or (2) fail to respond to a claim as required by this Act. Requires the claimant to pay the costs of investigating and defending such a claim when the court finds that there was no good cause for bringing such action. Provides a 25-year limitation on liability for non toxic harm caused by a product which is a capital good. Allows a manufacturer who has paid an expedited claim to seek contribution, reimbursement, or indemnity on the basis of comparative responsibility. Permits the collective processing of claims by manufacturers. Establishes the National Toxic Health Effects Panel to: (1) compile and evaluate information and issue guidelines for use by claimants, manufacturers and the courts in processing claims for toxic harms; and (2) determine whether exposure to a product of particular chemical composition would increase the risk of incurring a toxic harm. Authorizes appropriations. Title III - States that any person who brings a civil action against a product manufacturer or seller pursuant to an applicable State or Federal law waives all rights to recovery for the same harm under the expedited claim procedure of this Act. Establishes uniform standards of manufacturer liability for such civil actions. Provides that a manufacturer will be liable to a claimant only if the claimant establishes by a preponderance of the evidence that: (1) an individual product unit manufactured by the manufacturer was the proximate cause of the harm; and (2) the manufacturer was negligent in constructing, designing, or providing warnings regarding a danger connected with the product, or that the product did not conform to an express warranty made by the manufacturer. Provides defenses to such actions if: (1) the product was acquired by the Federal Government for an aerospace or defense application; (2) the Federal Government established or approved reasonably precise contract specifications material to the claim; and (3) the product conformed to such specifications. Establishes uniform standards of product seller liability. Provides that a product seller will be liable to a claimant only if the claimant establishes by a preponderance of the evidence that: (1) the individual product unit which allegedly caused the harm was sold by the defendant; (2) the product seller failed to exercise reasonable care with respect to the product; and (3) such failure to provide reasonable care was a proximate cause of the claimant's harm. Provides an alternative method to establish seller liability where: (1) the product seller made an express warranty as to the product; (2) the product failed to conform to the warranty; and (3) failure of the product to conform to the warranty caused the claimant's harm. Requires that damages in any product liability claim be offset by any amount paid as workers' compensation benefits. Allows awards of punitive damages. Prescribes a statute of limitations for such actions. Title IV - Amends the Product Liability Risk Retention Act to include liability for the payment of expedited claims within the definition of "Product Liability" for risk retention.
United States · United States Congress · 19 December 1985
Commends Michael Stern for his faithful and outstanding service to the Senate and the Nation.
United States · United States Congress · 18 December 1985
Declares that the President should, at the earliest possible date: (1) endorse and request Senate consent to ratification of the Threshold Test Ban and the Peaceful Nuclear Explosions Treaties; (2) call upon the Soviet Union to agree to reduce the permitted yields of explosions to the lowest verifiable levels; and (3) express to the Soviet Union and to Great Britain the U.S. desire to resume negotiations to conclude a mutual and verifiable ban on nuclear explosions and a moratorium of finite duration on such explosions.
United States · United States Congress · 17 December 1985
Requires the Secretary of Transportation (the Secretary) and the Administrator of the Federal Aviation Administration (the Administrator) to: (1) rescind rules, regulations, or orders which permit airlines to buy and sell landing rights at specified high density traffic airports; and (2) refrain from issuing a rule, regulation, or order regarding such airports that is inconsistent with this Act. Requires the Administrator to: (1) recall for reallocation any domestic or commuter air carrier operating rights ("slots") which are regulated at high density traffic airports and which are substantially unused; and (2) provide a mechanism for the allocation and reallocation of domestic slots. Requires that the allocation and reallocation of slots which are not made on a lottery basis shall be made semiannually by a separate Scheduling Committee established for each such high density traffic airport (unless the Committee unanimously agrees on another allocation interval). Requires the Secretary to allocate slots on lottery basis if the Committee cannot reach a unanimous allocation agreement. Requires the Administrator to recall slots currently in use in a manner that ensures that no carrier incurs the loss of an undue proportion of such slots. Prohibits the Secretary and the Administrator from permitting the transfer of slots for consideration or in a manner inconsistent with this Act. Requires the Secretary to declare null and void any such slot transfer effected between December 1, 1985 and the date of enactment of this Act.
United States · United States Congress · 17 December 1985
Medical Offer and Recovery Act - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to provide for an alternative liability system for medical malpractice. Prohibits an individual from bringing a civil action against a participating health care provider for a disease or injury arising from health care services provided pursuant to Medicare, Medicaid (title XIX of the Social Security Act), an armed forces' or veterans' health plan, the Federal employees' health benefits program, or any other participating health benefits plan, if such provider provides the individual with a timely written tender to pay compensation benefits in accordance with this Act. Allows the individual to serve the provider with a written request for arbitration if such provider fails to provide the individual with a written tender in a timely manner. States that this Act does not foreclose civil actions for intentionally caused injuries. Permits a health care provider to join an entity which is potentially liable for the injury. Provides that any disagreement between such entities regarding their share of costs shall be submitted to binding arbitration and such share shall be based on comparative fault. Sets forth provisions regarding the subrogation of parties. States that the amount of compensation benefits payable for a personal injury shall be equal to the net economic loss resulting from such injury, plus attorney's fees. Defines "net economic loss." Requires compensation benefits to be paid within 30 days after reasonable proof of the fact and amount of economic loss has been submitted to the initiating compensation obligor. Provides that if reasonable proof is supplied for only a portion of the net economic loss, and that portion totals $100 or more, the compensation for such portion shall be paid without regard to the remainder of the loss. Sets a five-year statute of limitations for claims under this Act. Requires a compensation obligor who rejects a claim for compensation benefits to give the claimant prompt notice of the rejection and the reasons therefor. Requires the disclosure of specified information, including: (1) the earnings of the injured individual; and (2) a copy of every written report concerning any medical treatment or examination of the injured individual in regard to the injury in question. Allows the injured individual or compensation obligor to petition a court for an order for discovery, including the right to oral or written depositions. Allows the compensation obligor to petition a court for an order directing the individual to submit to a mental or physical examination by a physician. Allows the injured individual or compensation obligor to apply to a court for a declaration as to the amount of compensation benefits owed. Permits an obligation to pay compensation benefits to be discharged by a settlement or lump sum payment if the net economic loss is less than $5,000. Allows a settlement or lump sum payment where the net economic loss exceeds $5,000 if a court determines that such a settlement is fair to the injured individual. Permits a court to enter a judgment declaring the compensation obligor liable for forseeable future treatment. Permits an agreement or judgment to be modified upon a finding that a material and substantial change of circumstances has occurred. Requires a health care provider to participate in an assigned claims plan meeting the requirements of this Act in order to participate in the alternative liability program described in this Act. Permits entities within a State to organize and maintain an assigned claims plan. Provides that where such a plan is not established within a State, the Secretary of Health and Human Services shall establish and maintain such a plan for that State. Provides that an injured individual entitled to compensation benefits may obtain such benefits through the assigned claims plan if the initiating compensation obligor is financially unable to fulfill its obligation. Directs the assigned claims plan to assign such claim to another member of the plan. Allows such assignee to seek payment from the initiating compensation obligor of 120 percent of the costs and expenses incurred in fulfilling such obligation. Requires participating health care providers to submit written reports to appropriate health care licensing boards where the provider: (1) takes actions which adversely affect the clinical privileges of a health care professional; or (2) terminates or fails to renew a contract with a health care professional. States that such reports shall not be subject to discovery, except upon the request of the health care professional against whom the adverse action was taken. Precludes liability for damages for any entity transmitting such reports unless the information transmitted was false and the entity knew such information was false and acted with malice. Requires physicians participating in the alternative liability program to obtain malpractice insurance. Provides that the preceding provisions of this Act shall not apply to any personal injury occurring: (1) before January 1, 1988; or (2) in a State which has in effect an alternative medical liability law which meets specified requirements.
United States · United States Congress · 16 December 1985
Designates the week of May 11 through May 17, 1986, as National Science Week, 1986.
United States · United States Congress · 13 December 1985
Proclaims October 23, 1986, as A Time of Remembrance for all victims of terrorism. Urges Americans to wear a purple ribbon in honor of the sacrifices made in pursuit of peace and freedom. Authorizes and requests the President to call upon U.S. departments, agencies, and other interested parties to fly U.S. flags at half staff.
United States · United States Congress · 13 December 1985
Extends the condolences of the Senate to the family members of soldiers of the 101st Airborne Division who died in service to their country.
United States · United States Congress · 12 December 1985
Expresses the Senate's condolences to Barry Goldwater and the Goldwater family upon the death of Peggy Goldwater, the wife of Senator Goldwater.
United States · United States Congress · 10 December 1985
Calls upon the President to direct the Agency for International Development to work in a global effort to provide universal access to childhood immunization by 1990 by: (1) assisting in the delivery, distribution, and use of vaccines; and (2) performing and supporting research and development activities that will be targeted at developing new vaccines and at modifying existing vaccines to make them more appropriate for use in developing countries. Declares that the President should appeal to the public to provide the necessary resources to achieve universal access to childhood immunization by 1990. Amends the Foreign Assistance Act of 1961 to increase the authorization of appropriations for FY 1987 for the Child Survival Fund.
United States · United States Congress · 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 · 9 December 1985
Federal Technology Transfer Act of 1985 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 (the Act) to require each Federal laboratory director to ensure that efforts to transfer technology are considered positively in laboratory job descriptions, employee promotion policies, and evaluation of the job performance of scientists and engineers in the laboratory. Requires each Federal laboratory with 200 or more full-time scientific and engineering professionals to have at least one full-time equivalent technology transfer position. Abolishes the Center for the Utilization of Federal Technology and transfers its functions to the National Technical Information Service (NTIS) and to the Assistant Secretary for Productivity, Technology, and Innovation in the Department of Commerce. Establishes the Federal Laboratory Consortium for Technology Transfer in the National Science Foundation. Requires the Director of the Foundation to appoint an individual to manage the Consortium and authorizes such individual to appoint Consortium employees. Sets forth Consortium duties relating to the commercial potential of new technologies generated by Federal laboratory research. Requires the Director of the Foundation to report annually to the President and to the appropriate authorization and appropriation committees of the Congress on the Consortium and other specified activities. Requires, for FY 1987 through 1991, Federal agencies to transfer a specified portion of the research and development budget of their laboratories to the Foundation for use by the Consortium in carrying out its activities. Authorizes the Secretary of Commerce to: (1) make available to interested agencies the expertise of the Department of Commerce regarding the commercial potential of inventions and methods and options for commercialization which are available to the Federal laboratories, including research and development limited partnerships; (2) develop model provisions for use on a voluntary basis in cooperative research and development arrangements, and disseminate such provisions to appropriate agency and laboratory personnel; and (3) furnish advice and assistance to Federal agencies concerning their cooperative research and development efforts. Directs the Secretary, within two years after the enactment of this Act and biennially thereafter, to report to the President and the Congress on the use by the agencies and the Secretary of the authorities specified in the Act. Authorizes Federal agencies, subject to specified conditions, to permit the directors of their Government-operated Federal laboratories to: (1) enter into cooperative research and development agreements with other Federal agencies, State or local governments, industrial organizations, public and private foundations, nonprofit organizations (including universities), or other persons (including licensees of inventions owned by the Federal agency); and (2) negotiate patent licensing agreements for Government-owned inventions made at the laboratory and other inventions that may be voluntarily assigned to the Government. Authorizes Government-operated Federal laboratories, under such agreements and subject to specified conditions, to: (1) accept funds, services, and property from collaborating parties and provide services and property to such parties; (2) grant patent licenses or assignments, or options, in any subject invention made by a Federal employee, or made jointly by a Federal employee and an employee of the collaborating party, and to retain such rights as the Federal agency deems appropriate; (3) waive any right of ownership which the Federal Government may have to any inventions made by a collaborating party or such party's employee under the agreement; (4) permit employees or former employees of the laboratory to participate in efforts to commercialize inventions they made while in the service of the United States to the extent consistent with any applicable agency requirements. Directs each agency to maintain a record of all such agreements. Requires Federal agencies which expend certain amounts for research and development to establish cash awards programs to reward their scientific, engineering, and technical personnel for inventions or other exemplary activities relating to domestic technology transfer. Sets forth rules and formulas for the distribution of royalties or other income received by Federal agencies from the licensing or assignment of inventions under such agreements under this Act, and from inventions of Government-operated Federal laboratories licensed under provisions of Federal law relating to domestic and foreign protection of federally owned inventions, or under any other provision of law. Requires Federal agencies to submit annually to the appropriate authorization and appropriation committees of the Congress summaries of the amount of royalties or other income received and expenditures made (including inventor awards) under such rules and formulas. Authorizes Federal agencies to allow inventors who are current or former Government employees to retain title to inventions made during the course of such employment, unless the Federal agency itself intends to file for a patent application or otherwise promote commercialization. Subjects such title to certain reservations. Renames the Centers for Industrial Technology as Cooperative Research Centers.
United States · United States Congress · 5 December 1985
Commercial Motor Vehicle Safety Act of 1985 - Establishes the Commercial Motor Vehicle Safety Fund for the deposit of all penalties and fines imposed upon individuals operating a commercial motor vehicle in interstate commerce without a national commercial motor vehicle operator's license. Makes it illegal to operate such vehicle in interstate commerce without such national license. Requires the Secretary of Transportation to make incentive grants to States which implement a program to conduct inspections of commercial motor vehicles on a random basis to determine whether the operator is intoxicated or driving under the influence of a controlled substance. Sets forth eligibility criteria for such grants. Requires the Secretary to promulgate procedures for the issuance of national commercial motor vehicle operator's licenses to individuals operating commercial motor vehicles in interstate commerce. Requires the appropriate State official to report to the Secretary individuals whose commercial motor vehicle operator's license has been denied or revoked. Amends the Surface Transportation Assistance Act of 1982 to authorize appropriations for FY 1989 and 1990. Raises the appropriations ceiling for FY 1987 and 1988.
United States · United States Congress · 5 December 1985
Requires the Secretary of Transportation to withhold certain apportioned funds from any State which does not implement alcohol traffic safety regulations which provide that: (1) a blood alcohol content level of 0.04 in any person operating a commercial motor vehicle is automatic evidence of intoxication; (2) any license to operate a commercial motor vehicle is suspended for at least two years if the operator of such vehicle is determined to have such blood alcohol content level; (3) such operator's failure to consent to a blood alcohol content test administered by an authorized law enforcement officer is admissible evidence in any criminal proceeding against such operator; and (4) the State will administer a blood alcohol content test to any commercial motor vehicle operator involved in an accident within such State.
United States · United States Congress · 4 December 1985
Commends the McDonnel Douglas Aircraft Company upon the fiftieth anniversary of service of the DC-3 transport aircraft for its leadership in creating and producing the DC-3 transport aircraft.
United States · United States Congress · 2 December 1985
Public Lands Cleanup Act of 1985 - Designates the first Saturday after Labor Day as Public Lands Cleanup Day. Requires each Federal land management agency to organize and participate in intergovernmental and private efforts to clean and maintain Federal public lands under their jurisdiction in observance of such day.
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.