United States · United States Congress · 11 September 1985
Amends titles XI (part B, Peer Review) and XVIII (Medicare) of the Social Security Act to: (1) permit a peer review organization (PRO) to deny reimbursement if the quality of services provided does not meet professionally recognized standards of health care; (2) require a PRO to be paid no later than 15 days after the end of any month; and (3) require that a PRO be paid on the basis of 1985, instead of 1982, review costs.
United States · United States Congress · 1 August 1985
Fair Medicare Appeals Act of 1985 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to permit an administrative hearing if the amount in controversy is more than $500 and judicial review if the amount in controversy is more than $1,000.
United States · United States Congress · 1 August 1985
Amends the Social Security Amendments of 1983 to accelerate the removal from the unified budget of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund. Amends title VII (Administration) of the Social Security Act to prohibit the inclusion in any concurrent resolution on the budget adopted on or after October 1, 1985, of any specifications and directions with respect to such Trust Funds.
United States · United States Congress · 1 August 1985
Amends the Internal Revenue Code to allow a taxpayer to expense (deduct rather than charge to the capital account) the replacement costs of plant or equipment destroyed in whole or in part in a natural disaster.
United States · United States Congress · 1 August 1985
National Public Works Corporation Act - Amends title II of the Public Works and Economic Development Act of 1965 to name such title "Public Works Corporation." Establishes the National Public Works Corporation. Provides for the Board of Directors, the officers and employees, and the powers of such Corporation. Requires the principal Office to be in the District of Columbia. Provides for the borrowing authority, capitalization, and reserve fund of the Corporation. Authorizes appropriations for the capitalization of the Corporation for the fiscal years following September 30, 1985. Authorizes States electing to participate in the Corporation to make certain contributions. States the maximum amount of contributions any one State may make to the Corporation. Authorizes the Corporation to make loans to participating States and local governments for projects for the construction, rehabilitation, and repair of public facilities in accordance with this Act. Prohibits such a loan plan from being used to pay the non-Federal share of the cost of Federal projects. States the maximum amount of outstanding loans authorized for such projects. Prohibits the Corporation from making a loan for a public facility project unless it determines that such facility, upon completion, will generate sufficient fees to repay the principal and interest on such loans and create a sufficient reserve for the operation and maintenance of the project, including replacement costs over the useful life of the project. Requires applicants for such loans to demonstrate to the Corporation that they have legal authority to assess and collect such fees and that such fees will provide sufficient revenues to meet the conditions for making such loans. States additional conditions and requirements for such loans. Requires the Governor of a State to submit applications for public facility project loans for the State or State agency or instrumentality. Requires the responsible official of local government to submit applications for public facility project loans for such unit or agencies thereof. Prohibits the Corporation from approving local government project loans unless the Governor of the appropriate State certifies approval of the application. Prohibits any Governor from submitting or approving loan applications for more than the maximum amount allowable to any one State. Requires such Governors to ensure a proper distribution of available loan funds in a State between urban and rural areas according to a certain allocation formula. Requires the Corporation to require all contracts made with such loan proceeds to be awarded on the basis of competitive bidding. Requires the Corporation to conduct necessary audits to enforce this Act. States procedures to be followed if the Corporation determines that insufficient fees are being collected. Authorizes appropriations to the Corporation for fiscal years beginning after September 30, 1983, in order to reduce interest rates paid by borrowers under this Act. Declares that the Corporation, its assets, and certain property shall be exempt from State, local, or Federal taxes, except for certain real property and tangible personal property. States that any obligations issued by the Corporation shall be taxed as to principal and interest to the same extent as the obligations of private corporations. Requires the General Accounting Office to audit the financial transactions of the Corporation. Sets forth procedures to be followed in the event of a default on any loan made under this Act. Requires the Corporation to submit an annual report to the Congress and the President after each fiscal year on the status of the Corporation and its reserve fund. Requires such report to include a description of the projects for which loans were made during the preceding fiscal year.
United States · United States Congress · 1 August 1985
Expresses the sense of the Senate that any tax reform legislation should not contain any provision to eliminate or in any way lessen the efficacy of the historic rehabilitation tax credit.
United States · United States Congress · 1 August 1985
Expresses the sense of the Senate that it condemns the growing incidence of violence against health care facilities (most of which provide abortion services). Encourages the Bureau of Alcohol, Tobacco, and Firearms and the Department of Justice to intensify their efforts and apprehend and convict the perpetrators of such violence. Urges the Department of Justice to use all applicable Federal criminal statutes against such persons.
United States · United States Congress · 31 July 1985
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.
United States · United States Congress · 31 July 1985
Trade Adjustment Assistance Reform and Extension Act of 1985 - Amends the Trade Act of 1974 to add as a condition for receiving a trade readjustment allowance the requirement that the adversely affected worker is enrolled in, or has completed, a training program for which a voucher is available. Suspends payment of such allowance to an adversely affected worker who has failed to begin, or has ceased to participate in, such a program when there is no justifiable cause for such failure or cessation, until the worker begins or resumes participation in a training program. Increases the maximum trade readjustment allowance to an amount equal to 78 (currently 52) times the amount of one week's trade readjustment allowance. Extends the coverage for trade readjustment allowances to 78 weeks. Deletes the provisions that permits an additional 26 weeks of trade readjustment allowances to finish a training program. Changes the provision dealing with job training. Makes each adversely affected worker covered by a certification eligible for a job training voucher. Declares that such voucher shall be in the amount of $4,000. Requires it to be used to defray the cost of any of the following training programs: (1) a training program provided by the State pursuant to the Job Training Partnership Act; (2) a training program provided by a private entity if it has been approved by a private industry council established under the Job Training Partnership Act; (3) training provided by an employer who agrees to employ the worker upon completion of the training for at least 26 weeks; (4) a training program approved by the Secretary of Labor (the Secretary) if the Secretary determines that there is a reasonable expectation that the adversely affected worker will obtain employment upon completion of the program. Authorizes the State or the operator of the training program to redeem the training voucher from the Secretary when the adversely affected worker completes the training program. Prohibits an employer who provided training, and agreed to employ the worker for 26 weeks, from redeeming the training voucher if such employer: (1) is engaged in the same occupation from which the employee was separated and which was certified as an adversely affected occupation; (2) has not provided the worker with training and employment for at least 26 weeks; or (3) has terminated the employment of an employee in order to hire and train such worker. Requires any entity which redeems a training voucher pursuant to a training program purportedly approved by a private industry council to repay the amount of such voucher plus ten percent if the entity's training program was not in fact approved by a private industry council. Prohibits disqualifying a worker for unemployment insurance or for trade adjustment benefits because: (1) the individual is in training for which a voucher is provided; (2) the individual terminated employment which was not suitable employment to enter such training; or (3) of the application of certain State or Federal laws relating to availability for work, active search for work, or refusal to accept work to any week in which the worker participates in such training. Limits the amounts of subsistence expenses and travel expenses reimbursable under the job search allowance provision of such Act. Provides that adjustment assistance for firms shall be in the form of technical assistance only. (Current law provides for technical and financial aid.) Prohibits making any direct loans or loan guarantees for adjustment assistance for firms after enactment of this Act. Extends trade adjustment assistance programs for six years after enactment of this Act. Extends funding for adjustment assistance for workers and firms through FY 1988. Establishes within the Treasury a Trade Adjustment Assistance Trust Fund to carry out trade adjustment assistance for workers and firms. Provides for funding the Trust Fund. Directs the President to undertake negotiations to change the General Agreement on Tariffs and Trade to allow countries to impose a small uniform duty on all imports in order to use the revenue from such duty to fund trade adjustment assistance programs. Directs the President to report to the Congress six months after enactment of this Act on the progress of such negotations. Authorizes the President to submit a bill to the Congress that delays the imposition of such negotiations. Authorizes the President to submit a bill to the Congress that delays the imposition of such an import duty and that extends the funding of trade adjustment assistance for workers and firms for an additional year. Provides for expedited consideration of such a bill. Directs the President to report to the Congress as soon as the GATT allows the imposition of such a duty. Imposes an additional duty on all imports into the United States, including those imports granted duty-free treatment. Amends the Internal Revenue Code to exempt from tax a job training voucher received under a trade adjustment assistance program.
United States · United States Congress · 31 July 1985
Confers jurisdiction upon the United States Claims Court to hear, determine, and render judgment upon any claim on behalf of a named individual against the United States for pay and allowances from the Army for the period during which that individual was in the Army but unable to serve as the result of having been unconstitutionally imprisoned.
United States · United States Congress · 31 July 1985
Radon Relief Act of 1985 - Amends the Internal Revenue Code to allow an income tax credit for radon-reduction expenditures incurred with respect to a principal residence of the taxpayer. Sets the amount of such credit at 40 percent of radon-reduction expenditures incurred during the taxable year as does not exceed $5,000. Defines "radon-reduction expenditure" as an expenditure made by the taxpayer for property installed in or on a dwelling unit if such property: (1) is designed to reduce the radon in the air inside the residence; (2) can reasonably be expected to remain in operation, or continue to have effect, for at least three years; and (3) meets certain appropriateness, performance, and quality standards.
United States · United States Congress · 31 July 1985
Expresses the sense of the Congress that the Secretary of Health and Human Services should immediately convene a working group of representatives from senior citizen groups, the hospital industry, physicians, and nurses to draft and provide for the distribution of a simple statement of Medicare (title XVIII of the Social Security Act) patients' rights and responsibilities.
United States · United States Congress · 31 July 1985
Declares that: (1) a renewed national investment to strengthen the research and advanced education capabilities of institutions of higher education is needed; and (2) the major Federal research agencies (the Departments of Agriculture, Defense, and Energy, the National Aeronautics and Space Administration, the National Institutes of Health, and the National Science Foundation) should strengthen their investment in research and graduate education programs in specified ways (including investment in scientific and engineering research and education programs for graduate students and faculty in modernization of university research facilities and laboratories).
United States · United States Congress · 30 July 1985
Community Emergency Preparedness and Response Act of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to direct the President to publish a list identifying extremely hazardous substances and information relating to their toxicity, reactivity, volatility and usage to the quantity at which an imminent and substantial endangerment to the public health or the environment would be posed if released. Directs the President to establish de minimis levels for such substances. Requires the owners or operators of facilities with sufficient quantities of such substances to pose a threat if released to notify the Governor of the facility's State of such fact. Requires the Governor to designate emergency planning districts with emergency planning committees to evaluate the resources necessary to an emergency plan which identifies such facilities, substance transportation routes, emergency notification procedures and personnel and a response and evacuation plan. Requires local official and facility representation at such planning process. Directs the National Response Team to publish guidelines for emergency plans. Directs Regional Response Teams to review plans at the request of the emergency planning committee. Establishes civil penalties for violations of such requirements by facility owners or operators. Requires such owners or operators to immediately provide notice of a threatening release to the appropriate emergency official in a potentially affected area, including all pertinent information about the nature and extent of the release and possible hazards posed, updating such information as necessary. Establishes criminal penalties for violations of such requirements. Requires each covered owner or operator to file a material safety data sheet for each hazardous chemical with the emergency planning committee in the facility's area. Requires that such information be updated and made available to the public. Permits State or local governments to require additional or more stringent information reporting. Establishes civil penalties for violations.
United States · United States Congress · 29 July 1985
States that the Congress: (1) reaffirms the Helsinki Final Act and the Madrid Concluding Document; (2) condemns Eastern Bloc violations of specified international human rights agreements; and (3) requests the President to direct the Department of State to convey U.S. concerns with regard to such violations to the Soviet Union and its allies. Calls upon the President to use every opportunity to stress the link between respect for human rights and the achievement of peace.
United States · United States Congress · 25 July 1985
Black Lung Benefits Amendments Act of 1985 - Amends the Black Lung Benefits Act to provide that all administrative law judges making determinations under such Act shall receive compensation at a rate not less than the GS-16 level. Makes such amendment applicable to determinations for benefits pending before the Department of Labor on the date of enactment of this Act as well as to claims brought after such date.
United States · United States Congress · 25 July 1985
Comprehensive Trade Law Reform Act of 1985 - Title I: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to add requirements for a country to be considered a "country under the Agreement" (the Agreement on Subsidies and Countervailing Measures) for purposes of the countervailing duty provisions of such Act. Requires such a country to have made a commitment under the General Agreement on Tariffs and Trade (GATT) to: (1) eliminate its export subsidies within one year (five for least developed countries); (2) not increase, extend, or add export subsidies; and (3) eliminate immediately export subsidies on those products in which such country is competitive. Requires the International Trade Commission (ITC), upon request, to investigate whether the merchandise is already competitive in the U.S. market and whether the merchandise would be competitive in the absence of export subsidies. Directs the Administering Authority to review the status of, and compliance with, specified trade agreements at least once during each 12 month period. Directs the Administering Authority to publish such determinations. Imposes penalties for failure of a foreign country to honor any term of such agreements, including withdrawing designation of a country as a "country under the Agreement," suspension of liquidation of imports and initiation of a countervailing duty investigation. Directs the Administering Authority, if there is an affirmative determination, based upon allegations in a petition for relief, of the existence of a subsidy which requires the imposition of a countervailing duty and the petition alleges that the subsidy is inconsistent with the Agreement or if the Administering Authority initiates a countervailing duty investigation and the Administering Authority has reason to believe that a subsidy is inconsistent with the Agreement, to: (1) notify the U.S. Customs Service and direct customs officials to collect and forward to the Administering Authority information on the imports of the merchandise which is subject of the investigation; (2) order the suspension of liquidation of all entries of such merchandise; and (3) begin monitoring the volume of imports of such merchandise to determine whether the volume of such imports has significantly increased. Prohibits making any determination on whether the volume of such imports has significantly increased until 60 days after the date the investigation began. Terminates any suspension of liquidation of such imports if the Administering Authority makes a preliminary determination that a subsidy does not exist. Directs the Administering Authority to order the posting of security for, and the application of a suspension of liquidation to, unliquidated imports which were imported 90 days before the date on which the preliminary determination is published if there is a determination that the volume of imports has surged, the alleged subsidy is inconsistent with the Agreement, and there have been massive imports of the merchandise subject to the countervailing duty investigation in a relatively short period. Directs the Administering Authority to terminate any suspension of liquidation of imports and to release any posted security requirement if a countervailing duty investigation is terminated. Requires the final determination of the Administering Authority in a countervailing duty investigation, if there is a final determination that a subsidy exists and if there is a finding that the volume of the investigated imports has increased significantly, to contain a finding on whether the alleged subsidy is inconsistent with the Agreement and whether there have been massive imports of the merchandise being investigated over a relatively short period of time. (Such finding is a finding of critical circumstances.) Requires the final determination of the ITC, if such determination is that there is no material injury but that there is a threat of material injury, to include a finding as to whether material injury by reason of subsidized imports would have been found but for any suspension of liquidation of such imports. (Deletes the provision requiring the ITC to include in its final determination findings as to whether there is material injury which will be difficult to repair and whether the material injury was caused by massive imports of subsidized merchandise over a relatively short period of time.) Requires the Administering Authority, if the Administering Authority makes a final determination that critical circumstances do not exist or if the ITC determines that there is no material injury but that there is a threat of material injury or that the establishment of a U.S. industry is materially retarded, to: (1) terminate any suspension of liquidation of imports ordered under a countervailing duty investigation; and (2) release any security and refund any cash deposit required with respect to such imports. Permits determinations of whether critical circumstances exist with respect to imports of articles that are not duty-free. Directs the Administering Authority, if the preliminary determination in an antidumping investigation is affirmative or if the investigation is initiated by the Administering Authority, to: (1) notify the U.S. Customs Service of such determination and direct customs officers to collect and forward information on the volume and value of imports of the merchandise subject to such investigation; and (2) begin monitoring the volume of such imports to determine whether the volume of such imports has significantly increased. Requires the Administering Authority to publish notice of a determination that the volume of such imports has significantly increased. Prohibits making such a determination until 60 days after the antidumping investigation has begun. Directs the Administering Authority to order the suspension of liquidation of all imports of the articles subject to the antidumping investigation 70 days after the date the investigation has begun. Terminates such suspension of liquidation if the preliminary determination under waiver of verification is negative. Directs the Administering Authority to determine whether critical circumstances exist if the Administering Authority determines that the volume of imports of the articles under investigation for dumping has significantly increased. (Current law requires the Administering Authority to determine whether critical circumstances exist if the petitioner alleges critical circumstances.) Requires the Administering Authority, if it determines that critical circumstances exist, to order the posting of security for, and require any suspension of liquidation to apply to, unliquidated entries of merchandise imported on or after the date that is 90 days before the date on which the affirmative preliminary determination is published. Terminates any suspension of liquidation of imports and releases any posted security if an antidumping investigation is terminated. Requires the final determination of the Administering Authority in an antidumping investigation, if it finds that the merchandise subject to the investigation is being, or is likely to be, sold in the United States at less than fair value and the Administering Authority has found that the volume of imports of such merchandise has increased significantly, to contain a finding as to whether: (1) either there is a history of dumping in the United States or elsewhere of such merchandise or the importer knew or should have known that the exporter was selling such merchandise at less than its fair value; and (2) there have been massive imports of such merchandise over a relatively short period. (Current law requires such a finding to be included in the final determination if such critical circumstances have been alleged in the petition for relief.) Requires the final determination of the ITC, if such determination is that there is no material injury but that there is a threat of material injury, to include a finding as to whether material injury by reason of dumped imports would have been found but for any suspension of liquidation of such imports. Requires the Administering Authority, if the Administering Authority makes a specified final determination or the ITC determines that there is no material injury but that there is a threat of material injury or that the establishment of a U.S. industry is materially retarded, to: (1) terminate any suspension of liquidation of imports of such merchandise; and (2) release any security and refund any cash deposit required with respect to such imports. Declares that if the ITC has made an affirmative preliminary or final determination that countervailing or antidumping duties should be imposed with respect to merchandise that is the subject of a countervailing or antidumping duty investigation during the one-year period ending on the date on which such investigation is begun: (1) the ITC shall not be required to make another preliminary determination of injury; and (2) the preliminary determination of relief shall be applied without regard for the requirement that an affirmative injury determination be obtained. Authorizes the Administering Authority to suspend a countervailing duty investigation if the government of the country in which the subsidy practice is alleged to occur agrees, or exporters who account for substantially all of the imports of the merchandise agree, to: (1) eliminate the subsidy completely within six months; or (2) cease exports of such merchandise to the United States within six months. Deletes the provision authorizing suspension of such investigation if the subsidizing country agrees to offset the amount of the subsidy. Adds new conditions for the waiver of deposit of estimated antidumping duties. Authorizes such waiver if in addition to the current requirements: (1) the investigation has not been designated as extraordinarily complicated; (2) the final determination has not been postponed; (3) credible evidence is presented that the amount by which the foreign market value of the merchandise exceeds the U.S. price is significantly less than the amount of such excess specified in the antidumping duty order; and (4) the data concerning the foreign market value and the U.S. price apply to sales in the usual commercial quantities and in the ordinary course of trade and the number of such sales are sufficient to form an adequate basis for comparison. Requires the Administering Authority, before determining to allow such waiver, to: (1) make all confidential information supplied to the Administering Authority available under a protective order to all interested parties; and (2) afford all interested parties an opportunity to comment on whether the waiver should be permitted. Amends the definition of "subsidy" for purposes of the countervailing duty provisions to include the provision of capital, loans, loan guarantees, goods, or services at preferential rates or on terms inconsistent with commercial consideration. Amends the definition of "interested party" to include a U.S. manufacturer, producer, or wholesaler, or a union, trade or business association, or another association which represents manufacturers, producers or wholesalers of a like product of major parts, materials, components, or assemblies or subassemblies which are irrevocable destined for incorporation into a like product. Defines "diversionary dumping" as the purchase by a manufacturer or producer of any material or component at less than the foreign market value of such material or component which is incorporated into the merchandise under investigation and which has been the subject of a previous antidumping investigation. Sets forth the method of determining the adjustment amounts for determining foreign market value, sales at less than the cost of production, and the constructed value of components and materials. Includes subsidies provided under the authority of a statute, regulation, policy, or practice of a customs union within the definiton of upstream subsidies. Creates a presumption of competitive benefit if: (1) a countervailing duty order is in effect with respect to an input product or an input product is subject to an import restriction agreement; (2) a subsidy continues to be paid on such input product after the countervailing duty order was issued or after the agreement took effect; and (3) the Administering Authority determines that an increase in imports of merchandise under a countervailing duty investigation has occurred. Requires (currently authorizes) the Administering Authority and the ITC to make confidential information submitted to an antidumping or countervailing duty investigation available upon receipt of a request which describes in general terms (currently with particularity) the type of information sought and the reasons for the request, unless the person who submitted such information establishes that substantial harm to the business operations of such person would result from such disclosure. Sets forth additional limits on disclosure of such information, including a time limit on making the determination of whether to disclose information. Title II: Relief from Injury Caused by Import Competition - Transfers from the President to the Administering Authority the authority to take certain actions following import relief investigations by the ITC. Authorizes a petition for import relief to include within its statement of reasons for requesting import relief the desire to facilitate the orderly transfer of resources to enhance competitiveness. Changes the scope of the ITC's import relief investigation to include determining whether an article is being imported into the United States in such increased quatities as to be a cause (currently substantial cause) of serious injury or threat of serious injury to any domestic industry that produces an article like or directly competitive with the imported article or that produces materials, parts, components, or subassemblies irrevocably destined for incorporation in an article like or directly competitive with the imported article. Changes one of the factors that must be considered in making such determination with respect to serious injury in order to cover the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. (Current law refers to the inability of firms to operate at a reasonable profit.) Changes the factors that must be considered in making such determination with respect to the threat of serious injury in order to cover: (1) a decline in sales or market share in the domestic industry; (2) a higher and growing inventory in the domestic industry; (3) a downward trend in production, profits, wages, or employment (or increasing underemployment) in the domestic industry; (4) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any class or kind of merchandise and that causes or threatens to cause serious injury to the domestic industry; (5) the extent to which the U.S. market is the focal point for diversion of exports of the article concerned because of restraints on exports of the article concerned because of restraints on exports of such article to, or imports of such articles into, third country markets; and (6) in the case of an industry that has developed an industry assessment and competitiveness strategy, the inability of producers in the domestic industry to generate adequate capital to finance the modernization of plant and equipment or to otherwise enhance competitiveness. Requires (currently authorizes) the ITC to make certain determinations with respect to determining the domestic industry producing an article a like or directly competitive with an imported article. Defines "cause" for purposes of determining whether imports are a cause of injury to mean a cause which is important. Declares that a cause may be important even though other causes are of equal or greater importance. Requires the ITC, if it finds that serious injury or the threat of serious injury exists for a domestic industry, to: (1) find the amount of the increase in, or imposition of, any duty or import restriction necessary to prevent or remedy such injury; and (currently or) (2) if it determines that adjustment assistance can assist in remedying such injury, recommend the provision of such assistance. Directs the Administering Authority, if during an import relief investigation it finds that critical circumstances exist, to impose provisional measures (increase in tariff, tariff-rate quotas, quantitative restrictions, orderly marketing agreements or a combination of such actions). Requires such measures to remain in effect until the later of the date: (1) on which the President revokes such measures; (2) on which the ITC makes a negative determination of injury; or (3) which is 60 days after the date on which the ITC makes an affirmative determination of injury. Declares that critical circumstances exist if a significant increase in imports over a short time has led to circumstances in which delay in relief would cause damage that would be difficult to repair. Requires the ITC, if it finds that serious injury has resulted from imports, to determine: (1) whether trade in the article concerned has been affected by coordinated government actions that are bestowed on a specific enterprise, industry or group and that assist the beneficiary in becoming more competitive in exporting a class or kind of merchandise; and (2) the extent to which the U.S. market is the focal point for diversion of exports of such article because of restraints an exports of such article to, or on imports of such article into, third country markets. Directs the Administering Authority, if it determines to provide import relief and the ITC has found that trade in the article has been affected by such coordinated government actions, to consult and negotiate with other countries that produce or consume such article to seek the establishment of a multilateral framework to maintain and develop fair, equitable, and nondisruptive patterns of trade in such article. Directs the Administering Authority, after the ITC begins an import relief investigation based on a petition, to establish, upon request, an industry advisory group. Requires such an advisory group to prepare for the industry concerned an assessment of current problems and a strategy to enhance competitiveness. Directs the Administering Authority to try to obtain, on a confidential basis, information from the individual members of such advisory group on: (1) how such members intend to act upon the recommendations in such assessment and strategy; and (2) any other actions such members intend to take which will foster the objectives of the strategy. Requires the Administering Authority, the ITC, the Secretary of Labor, and the Secretary of Commerce to consider such assessment and strategy in making any import relief determination or taking any import relief action. Requires the Administering Authority, if it determines to provide import relief and if an industry assessment and competitiveness strategy was submitted to the Administering Authority, to publish notice of the availability of, and a summary of, such assessment and strategy. Requires a review committee, if such summary is published, to: (1) monitor actions taken by the petitioners to improve the competitive position of the industry; (2) make recommendations for administrative action; and (3) submit recommended legislation to the Congress. Requires the review committee to consult with the advisory group members if the review committee determines that the firms or workers are not implementing or are implementing unsatisfactorily: (1) the recommended objectives and actions in the industry assessment and competitiveness strategy; or (2) the actions declared in the confidential information obtained by the advisory group. Requires the Administering Authority to request the ITC to issue a report on the probable economic effect on the industry of import relief if, after consultations with the advisory group members, the review committee determines that the failure to implement or failure to implement satisfactorily such actions is not justified by changed circumstances and has adversely affected overall implementation of the objectives of the industry assessment and competitiveness strategy. Requires the Administering Authority, if it decides to provide import relief, to consult with petitioners and representatives of workers and firms in the affected industry on the advisability and desirability of taking appropriate action under countervailing or antidumping duty provisions of the Tariff Act of 1930 or under title III of the Trade Act of 1974 if the Administering Authority has reason to believe that a foreign government or firm is engaged in any action or practice for which such relief is available. Title III: Relief from Injurious Industrial Targeting and Unfair Trade Practices - Provides that injurious industrial targeting may trigger import relief actions. Defines injurious industrial targeting to mean any combination of coordinated government actions: (1) which are bestowed on a specific enterprise, industry, or group thereof; (2) which assist such enterprise, industry, or group to become more competitive in the export of any class or kind of merchandise; and (3) which cause or threaten to cause material injury. Transfers from the President to the Administering Authority the authority to take certain actions to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Authorizes the Administering Authority to: (1) suspend, withdraw, or prevent application of the benefit of trade agreement concessions with the foreign country or instrumentality involved; (2) direct customs officers to assess duties or impose other import restrictions on the products of such country or instrumentality or to assess fees or impose restrictions on the services of such country or instrumentality for such time in such amount, and to such degree as the Administering Authority deems appropriate; (3) negotiate agreements to offset the burden or restrictions on U.S. commerce; (4) submit proposed administrative actions and legislation to implement any other government action which would restore or improve the international competitive position of the injured or threatened industry; (5) recommend to the President action respecting service sector authorization; or (6) recommend any combination of such actions. Transfers to the Administering Authority from the President the authority to impose certain limits on service sector access authorizations (authorizations that permit a foreign supplier of services access to the U.S. market). Deletes the provision authorizing the President to take action to enforce U.S. trade rights even through no petition for relief has been filed. Directs the Administering Authority to consult with representatives of domestic firms and workers that may be affected by any import relief investigation which is initiated by petition filed with the the Administering Authority regarding any determination which is required to be made by the Administering Authority. Directs the Administering Authority, upon written request, to make confidential business information obtained by it in connection with an import relief investigation available under a protective order. Prohibits release of information classified for national security reasons. Requires the Administering Authority to act upon requests for such information within ten days of the request. Requires the Administering Authority, in conducting an import relief investigation initiated by petition to the Administering Authority, to present detailed questionnaires to the foreign government or enterprise involved in order to obtain information concerning the allegations in the petition. Directs the Administering Authority to verify any such information which the Administering Authority relied upon in making any determinations. Provides for relying on the best information available, which may be the information contained in the petition, if the foreign government fails to provide information or provides insufficient or unsatisfactory information. Requires the Administering Authority to make a preliminary determination within five months of the start of such an import relief investigation on whether there is reason to believe that import relief is warranted. Authorizes the Administering Authority to take certain actions based on the preliminary finding. Requires the final determination to be made within 11 months of the start of the investigation. Requires the Administering Authority to determine what actions to take if the final determination is that import relief is warranted except that specific actions are required if injurious industrial targeting is found to exist. Requires the Administering Authority to consult with the petitioner and representative of the affected domestic firms and workers if the final determination is affirmative. Requires the Administering Authority to report to the Congress if the final determination is affirmative and the Administering Authority declines to take any action. Terminates any preliminary import relief if the final determination is negative. Requires publication in the Federal Register of such preliminary and final determinations. Requires the Administering Authority, if it makes a preliminary finding that injurious industrial targeting exists, to: (1) establish an advisory committee; and (2) formulate, in consultation with such advisory committee, proposals, which would restore or improve the competitive position of affected domestic industries. Requires the Administering Authority to notify the ITC when it initiates an investigation of injurious industrial targeting. Requires the ITC to make a preliminary determination within 60 days of receiving such notice of whether there is a reasonable indication that because of sales or likely sales of the merchandise which is the subject of the investigation: (1) an industry in the United States is materially injured or is threatened with material injury; or (2) the establishment or growth of an industry in the United States is materially retarded. Requires the ITC to make a final determination of whether such circumstances exist by: (1) 45 days after the affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is affirmative; or (2) 75 days after an affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is negative. Makes the ITC's determination subject to review by the U.S. Court of International Trade if such determination were made under the countervailing or antidumping duty provisions of the Tariff Act of 1930. Defines material injury and threat of material injury. Requires the Administering Authority pending conclusion of the investigation, to take at least one of several provisional actions in order to prevent further injury or threat of injury from injurious industrial targeting. Requires the Administering Authority, after a final determination of injury has been made, to take at least one of several actions to fully offset the material injury or threat of material injury from injurious industrial targeting. Directs the Administering Authority to submit to the President any proposed administrative action and any proposed legislation to restore or improve the competitive position of the injured industry if the preliminary and final determinations are that injurious industrial targeting has occurred. Provides for expedited consideration of such legislation. Requires the Administering Authority to report to the Congress on the actions the Administrative Authority will take to offset the material injury or threat of material injury from the injurious industrial targeting. Authorizes the Administering Authority to enter into a settlement agreement with the foreign country or entity involved in lieu of taking other actions if: (1) such agreement completely eliminates the material injury or threat of material injury from the injurious industrial targeting; and (2) such agreement is approved by the petitioner if the investigation began because of a petition. Authorizes the Administering Authority to take actions to compensate a foreign country or entity if the contracting parties to the General Agreement on Tariffs and Trade (GATT) disapprove of actions taken in response to injurious industrial targeting. Directs the Administering Authority to consult with the petitioner and the representatives of affected domestic firms and workers if, in the course of an investigation, the Administering Authority has reason to believe that a foreign government engaged in dumping or other actions for which relief is available under specified provisions of the Tariff Act of 1930. Title IV: Negotiating Objectives - Declares that the principal U.S. negotiating objectives shall be to: (1) obtain and preserve maximum access to international markets for U.S. manufactured products; (2) obtain the elimination of foreign barriers to market access; (3) obtain internationally accepted rules to evaluate and respond to the maintenance and operation of government-controlled enterprises that engage in international trade; and (4) establish procedures governing such enterprises.
United States · United States Congress · 25 July 1985
Authorizes the President, on behalf of the Congress, to present a gold medal honoring George Gershwin to his sister, Frances Gershwin Godowsky, and a gold medal honoring Ira Gershwin to his widow, Lenore Gershwin. Directs the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 24 July 1985
Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to require each State to provide for the establishment and operation of an automated statewide management information system which meets specified requirements and is approved by the Secretary of Health and Human Services. Provides, in general, that the system must: (1) effectively and efficiently assist in the administration of the Aid to Families with Dependent Children (AFDC) program; and (2) be established and operated in accordance with an initial, and annually updated, advance automatic data processing planning document. Requires the Secretary to continually review the systems and suspend approval of a system where there is substantial noncompliance with system requirements. Directs the Secretary to modify the requirement that the system be statewide in States where the AFDC program is administered through a political subdivision of the State. Places a moratorium on erroneous payment rate sanctions for the first fiscal year during all of which a State has an approved system in effect.
United States · United States Congress · 23 July 1985
Amends the Equal Credit Opportunity Act to prohibit the Board of Governors of the Federal Reserve System from exempting from such Act any class of credit transactions that are primarily for personal, family, or household purposes. Permits the Board to exempt (for five years) a type or class of business or commercial transactions only after determining that application of such Act to such transactions would not contribute substantially to effecting the purposes of such Act.
United States · United States Congress · 19 July 1985
Amends the Internal Revenue Code to require that interest on overpayments of tax must begin on the date of filing of the tax return if such return is not processed within 45 days of such filing. (Present law requires interest to begin 45 days after the last day for filing of tax returns.)
United States · United States Congress · 17 July 1985
Prohibits the Secretary of Health and Human Services from changing reimbursement levels or methodologies for home health services under title XVIII (Medicare) of the Social Security Act prior to the later of: (1) October 1, 1986; or (2) any freeze period beginning after June 30, 1985, and before October 1, 1986.
United States · United States Congress · 17 July 1985
Expresses the Senate's concern about Doctor Yury Orlov and calls upon the Soviet Union to release him from exile and allow him and his wife to emigrate. Urges the President to instruct the Secretary of State to raise this issue with the Soviet Union privately and at specified forums.
United States · United States Congress · 15 July 1985
Expresses the sense of the Senate that any tax reform legislation adopted by the Senate should not impose a tax on the annual increase in the value of permanent life insurance.
United States · United States Congress · 11 July 1985
Older Americans Pension Benefit Act - Amends the Age Discrimination in Employment Act of 1967 to prohibit any employee benefit plan from requiring or permitting the suspension or reduction of an employee's benefit accrual because of age before accruing the maximum normal retirement benefit. Prohibits specified types of plans under the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code from suspending or reducing the rate of an employee's benefit accrual or employer contributions to the employee's account solely because of age.
United States · United States Congress · 11 July 1985
Elderly Veterans Care Act of 1985 - Amends the Internal Revenue Code to allow an income tax credit for elderly care expenses paid for the care of a qualifying veteran. Sets the amount of such credit at 30 percent of such expenses reduced by one percent for each $2,000 by which the adjusted gross income of the taxpayer exceeds $10,000. Disallows such credit for a taxpayer with an adjusted gross income of $50,000 or more ($25,000 or more in the case of a married individual filing a separate return). Limits the amount of elderly care expenses which may be taken into account for such credit to an aggregate of $7,000 and not more than $3,500 for any one qualifying veteran. Defines a 'qualifying veteran' as an individual who is a veteran related to the taxpayer and who is at least 65 years of age and has a family income of $15,000 or less for the taxable year. Defines 'qualified elderly care expenses" as payments by the taxpayer for home health agency services, homemaker services, adult day care, respite care, or health care equipment and supplies which are provided to the veteran by an organization or individual not related to the taxpayer or the veteran and which are not compensated for by insurance or otherwise.
United States · United States Congress · 11 July 1985
Calls on the Soviet Union to: (1) release Anatoly Shcharansky, Yosef Begun, and other Prisoners of Conscience and allow them to leave the Soviet Union; (2) issue exit permits to long term "Refuseniks" including Ida Nudel and Vladimir Slepak; and (3) allow thousands of Jews who have requested such permits to leave.
United States · United States Congress · 10 July 1985
Government Securities Dealers Act of 1985 - Title I: Government Securities Brokers and Dealers - Amends the Securities Exchange Act of 1934 to prohibit any Government securities broker or Government securities dealer from making use of the mails or of any means of interstate commerce to effect any transaction in Government securities unless such dealer or broker is registered in accordance with this Act. Requires brokers or dealers already registered with the Securities and Exchange Commission (Commission), financial institutions, or primary dealers to notify in writing the appropriate regulatory agency that it is a Government securities broker or Government securities dealer. Requires each appropriate regulatory agency to make available to every other appropriate regulatory agency notices which have been filed with it. Provides that such registration shall be accomplished by filing a registration application with the Securities and Exchange Commission (Commission) containing such information and documents concerning the registrant as the Board of Governors of the Federal Reserve System (Board) may require. Makes unlawful any act or practice or course of business forbidden by the Securities and Exchange Act by a registered Government securities broker or dealer regardless of whether the mails or any means of interstate commerce were used. Allows the Board to conditionally or unconditionally exempt any Government securities broker or dealer from any of the requirements of this Act or regulations promulgated under this Act, if the Board finds that such an exemption is consistent with the public interest. Authorizes the Board to propose and adopt rules to effect the purposes of this title with respect to transactions in Government securities effected by Government securities brokers or dealers. Makes it unlawful for any Government securities broker or dealer to use the mails or any means of interstate commerce to effect a transaction in any Government security in contravention of any rule of the Board. Authorizes the Commission to impose restrictions on a registered Government securities dealer or broker or suspend or revoke the registration of such a dealer or broker if after notice and opportunity for hearing the Commission finds that such action would be in the public interest. Authorizes the appropriate regulatory agencies to impose similar sanctions on a Government securities dealer or broker not required to register under this Act. Authorizes the appropriate regulatory agencies to examine all records of Government securities brokers and dealers at any time such an agency deems it necessary or appropriate to conduct such an examination of records. Requires all Government securities brokers and dealers required to register under this Act to join a registered securities association in order to lawfully effect any transaction in any Government security. Title II: Conforming Amendments - Part A: Conforming Definitions - Revises certain definitions for purposes of the Securities and Exchange Act of 1934. Part B: Additional Conforming Amendments - Makes certain conforming amendments with respect to sanctions which may be imposed against brokers or dealers and certain provisions affecting registered securities associations. Title III: Transitional and Savings Provisions - Provides that the provisions of this Act shall not effect any pending administrative or judicial proceedings. Specifies that nothing in this Act shall be construed to limit or impair the authority of the Federal Reserve Bank of New York to establish conditions for the monitoring of, receipt of reports from, or recognition of a Government securities dealer as a primary dealer. Title IV: Report on Transfers of Government Securities - Requires the Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, and the Chairman of the Securities and Exchange Commission to submit a joint report, within six months after the date of enactment of this Act, to the Congress regarding existing capabilities and potential improvements for the transfer of, and the creation and perfection of security interests in, Government securities. Sets forth the requirements of such report. Title V: Effective Dates - Provides that this Act shall become effective 180 days after the date of enactment of this Act. Provides that the rulemaking authority of the Board of Governors of the Federal Reserve System shall take effect on the date of enactment of this Act.
United States · United States Congress · 9 July 1985
Amends the Tariff Schedules of the United States to extend, through June 30, 1988, the duty-free treatment of certain needlecraft display models and aprons and baby bibs. Provides a refund on any duty paid on such articles that enter the United States on a specified date and before the date of enactment of this Act.
United States · United States Congress · 9 July 1985
Distilled Spirits Tax Payment Act of 1985 - Amends the Internal Revenue Code to allow the transfer in bond between bonded premises of distilled spirits on which tax has not been paid or determined. Allows a bonded dealer to establish a distilled spirits plant. Sets forth requirements for the operation of a distilled spirits plant by a bonded dealer. Defines "bonded dealer" as any wholesale dealer who has elected to establish a distilled spirits plant and engages in the business of purchasing distilled spirits from the primary source of supply for resale exclusively at wholesale to independent retail dealers or other wholesale dealers. Provides that every proprietor or possesser and every person with an interest in the premises of a distilled spirits plant shall be jointly and severally liable for the taxes imposed on distilled spirits. Authorizes the Secretary of the Treasury to make an assessment for tax on distilled spirits not accounted for by a bonded dealer. (Present law limits such requirement to a distiller.) Provides that the credit for wine content and for flavors content shall be determined and allowable as a reduction in the rate of tax on the payment of tax by the proprietor of a distilled spirits plant, bonded dealer, or other taxpayer liable for the payment of the excise tax on such products. Allows a State or political subdivision which engages in the sale of distilled spirits to file monthly returns of taxes (rather than semimonthly). Provides that the exemption from the occupational tax shall not apply to a proprietor of a distilled spirits plant whose premises are used for operations of a bonded dealer. Sets forth certain transitional rules. Provides that no domestically produced or bottled spirits in the inventory of a bonded dealer on the effective date of this Act on which the Federal excise tax has been paid shall be subject to the filing of an excise tax return and the payment of excise tax.
United States · United States Congress · 27 June 1985
Health Insurance Availability Act of 1985 - Amends the Internal Revenue Code to impose a ten percent excise tax on the amount of employee health expenses paid or incurred by a large employer who is not a member of a qualified State pooling association. Defines a "qualified pooling association" as an organization which: (1) is a nonprofit corporation established pursuant to and regulated by State law; (2) has specified types of insurers and other health financing entities as participating members; (3) makes available specified levels of health insurance to all residents of the State not eligible for Medicare; (4) charges a specified pool premium rate; and (5) assesses losses of the pool equitably among all participating members.
United States · United States Congress · 27 June 1985
Declares that the Senate agrees to cooperate with the Jacob K. Javits Senate Fellowship Program. Directs the Senate to provide assistance as may be necessary for the success of this fellowship program.
United States · United States Congress · 26 June 1985
Conrail Public Sale Act of 1985 - Title I: Amendments to the Regional Rail Reorganization Act of 1973 and the Northeast Rail Service Act of 1981 - Amends the Regional Rail Reorganization Act of 1973 to terminate the authority of the United States Railway Association (the Association) to purchase certain Conrail stock. Releases any Conrail director from liability for implementing in good faith the sale of the Federal interest in Conrail common stock. Directs the Secretary of Transportation to execute and deliver Purchase Agreements on behalf of the United States no later than ten days following the date of enactment of this Act. Prescribes guidelines for: (1) the sale of Conrail; (2) the cancellation of Conrail debt and preferred stock; (3) public interest covenants; and (4) accounting determinations. Makes Conrail responsible for funding all labor protection benefits after the closing date, and absolves the United States from any liability for such benefits after that date. Title II: Technical and Conforming Amendments and Repeals - Defines "Purchasers" to mean the investor group organized by Morgan Stanley and Company, Inc., to purchase the Federal interest in Conrail common stock as identified in the Shareholders' Agreement. Defines "Shareholders' Agreement" as the agreement among the Purchasers, Conrail, and Morgan Stanley and Company, Inc. in the form filed with the Committee on Commerce, Science and Transportation of the Senate. Title III: Revenue Provisions - Provides guidelines for the tax treatment of Conrail after the closing date. Specifies the earnings and profits which Conrail shall be deemed to have accumulated as of the closing date. Closes the Conrail taxable year upon the closing date. Title IV: Miscellaneous Provisions - Retains the common carrier status of Conrail after the sale. Provides that purchase of Conrail stock shall not be the sole basis of a determination that a purchaser has become a common carrier by railroad under Federal law.
United States · United States Congress · 25 June 1985
Trade Law Modernization Act of 1985 - Title I: National Trade Policy and Negotiating Objectives; Negotiation Authority - Sets forth national trade policy objectives that shall guide U.S. trade policy and domestic economic policy. Directs the Administering Authority (the U.S. Trade Representative) to submit by March 1 of each year to specified congressional committees a statement of the actions the Administering Authority proposes to take during such year to achieve such objectives. Requires the committees to hold hearings on such proposals and to advise the Administering Authority on such proposals. Declares that U.S. objectives in any trade negotiations shall be: (1) to obtain more open and equitable market access abroad for U.S. products and services, the reduction and elimination of the adverse effects of certain foreign trade practices, and improved effectiveness of the rules governing international trade; (2) to develop internationally accepted rules which meet certain needs; and (3) to promote international cooperation in trade and monetary policies. Directs the Administering Authority to seek to obtain fair and equitable market opportunities through consultations on negotiations with foreign countries or instrumentalities in order to remedy the harmful effects on U.S. trade of discriminatory procurement practices and regulatory requirements of such countries or instrumentalities. Authorizes the Administering Authority to: (1) suspend or withdraw benefits under any trade agreement with such countries or instrumentalities; (2) direct customs officers to impose import restrictions on the goods of such countries or instrumentalities and to impose fees or restrictions on the services of such countries or instrumentalities; (3) make available analysis and information to other U.S. agencies and courts for the purpose of ensuring consideration by such agencies and courts of the competitive impact of pending administrative or judicial decisions of such agencies or courts that could significantly enlarge the access of foreign products and services to the U.S. market; and (4) recommend action to the President with respect to service sector access authorization (a Federal authorization that gives a foreign supplier of services access to U.S. markets.) Directs the Administering Authority, if there is a significant denial of market opportunities in a foreign country for U.S. products and services in an economic sector where the United States has increased market opportunities for such country's products and services, to: (1) act to obtain fair and equitable market opportunities in the markets of such foreign country; and (2) pending achievement of such opportunities, impose equivalent conditions of market access. Authorizes action to be taken under this Act, upon motion of the Administering Authority, or after investigation upon the filing of a petition. Title II: Transfer of Authority to Administering Authority; Amendments to Title I of Trade Act of 1974 - Amends the Trade Act of 1974 to transfer from the President to the Administering Authority the authority to: (1) take action in cases of market disruption; and (2) extend tariff preferences under the Generalized System of Preferences. Amends the Tariff Act of 1930 to transfer from the President to the Administering Authority the authority to make the final review of actions to prevent unfair practices in the importation of articles into the United States. Amends the Trade Act of 1974 to direct the Secretary of Commerce to establish a program to evaluate the industrial and trade policies of other countries and the effects of such policies on U.S. industries, trade, and employment. Requires the Secretary of Commerce to report to the Congress annually on such program. Directs the Secretary of Commerce, in conjunction with the U.S. Trade Representative, to establish special industry sector advisory panels to assess the actual or potential dislocation, challenge, or opportunity for the industry sectors involved and to formulate recommendations for responses by business, government, and labor. Requires the industry and labor advisory committees established by the Trade Act of 1974 to hold joint meetings at the call of the respective committee chairs and to meet at the call of the Administering Authority before and during trade negotiations to provide policy and technical advice and advice on any other factors relevant to U.S. positions in such trade negotiations. Authorizes the President to impose a temporary import surcharge at a level which the President determines to be necessary to assist in restoring equilibrium in the balance of payments in certain circumstances. (Currently such surcharge may not exceed 15 percent.) Limits the duration of such surcharge or limits imposed on imports to improve the balance of payments to one year. (Currently such measures may be imposed for only 150 days.) Deletes certain restrictions on imposing import limitations for such purposes. Authorizes one year extensions of such measures. Title III: Relief from Injury Caused by Import Competition - Transfers from the President to the Administering Authority the authority to take certain actions following import relief investigations by the International Trade Commission (ITC). Authorizes a petition for import relief to include within its statement of reasons for requesting import relief the desire to facilitate the orderly transfer of resources to enhance competitiveness. Changes the scope of the ITC's import relief investigation to include determining whether an article is being imported into the United States in such increased quantities as to be a cause (currently substantial cause) of serious injury or threat of serious injury to any domestic industry that produces an article like or directly competitive with the imported article or that produces materials, parts, components, or subassemblies irrevocably destined for incorporation in an article like or directly competitive with the imported article. Changes one of the factors that must be considered in making such determination with respect to serious injury in order to cover the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. (Current law refers to the inability of firms to operate at a reasonable profit.) Changes the factors that must be considered in making such determination with respect to the threat of serious injury in order to cover: (1) a decline in sales or market share in the domestic industry; (2) a higher and growing inventory in the domestic industry; (3) a downward trend in production, profits, wages, or employment (or increasing under employment) in the domestic industry; (4) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any class or kind of merchandise and that causes or threatens to cause serious injury to the domestic industry; (5) the extent to which the U.S. market is the focal point for diversion of exports of the article concerned because of restraints on exports of such article to, or imports of such articles into, third country markets; and (6) in the case of an industry that has developed an industry assessment and competitiveness strategy, the inability of producers in the domestic industry to generate adequate capital to finance the modernization of plant and equipment or to otherwise enhance competitiveness Requires (currently authorizes) the ITC to make certain determinations with respect to determining the domestic industry producing an article like or directly competitive with an imported article. Defines "cause" for purposes of determining whether imports are a cause of injury to mean a cause which is important. Declares that a cause may be important even though other causes are of equal or greater importance. Requires the ITC, if it finds that serious injury or the threat of serious injury exists for a domestic industry, to: (1) find the amount of the increase in, or imposition of, any duty or import restriction necessary to prevent or remedy such injury; and (currently or) (2) if it determines that adjustment assistance can assist in remedying such injury, recommend the provision of such assistance. Directs the Administering Authority, if during an import relief investigation it finds that critical circumstances exist, to impose provisional measures (increase in tariff, tariff-rate quotas, quantitative restrictions, orderly marketing agreements or a combination of such actions). Requires such measures to remain in effect until the later of the date: (1) on which the President revokes such measures; (2) on which the ITC makes a negative determination of injury; or (3) which is 60 days after the date on which the ITC makes an affirmative determination of injury. Declares that critical circumstances exist if a significant increase in imports over a short time has led to circumstances in which delay in relief would cause damage that would be difficult to repair. Requires the ITC, if it finds that serious injury has resulted from imports, to determine: (1) whether trade in the article concerned has been affected by coordinated government actions that are bestowed on a specific enterprise, industry or group and that assist the beneficiary in becoming more competitive in exporting a class or kind of merchandise; and (2) the extent to which the U.S. market is the focal point for diversion of exports of such article because of restraints on exports of such article to, or on imports of such article into, third country markets. Directs the Administering Authority, if it determines to provide import relief and the ITC has found that trade in the article has been affected by such coordinated government actions, to consult and negotiate with other countries that produce or consume such article to seek the establishment of a multilateral framework to maintain and develop fair, equitable, and nondisruptive patterns of trade in such article. Directs the Administering Authority, after the ITC begins an import relief investigation based on a petition, to establish, upon request, an industry advisory group. Requires such an advisory group to prepare for the industry concerned an assessment of current problems and a strategy to enhance competitiveness. Directs the Administering Authority to try to obtain, on a confidential basis, information from the individual members of such advisory group on: (1) how such members intend to act upon the recommendations in such assessment and strategy; and (2) any other actions such members intend to take which will foster the objectives of the strategy. Requires the Administering Authority, the ITC, the Secretary of Labor, and the Secretary of Commerce to consider such assessment and strategy in making any import relief determination or taking any import relief actions. Requires the Administering Authority, if it determines to provide import relief and if an industry assessment and competitiveness strategy was submitted to the Administering Authority, to publish notice of the availability of, and a summary of, such assessment and strategy. Requires a review committee, if such summary is published, to: (1) monitor actions taken by the petitioners to improve the competitive position of the industry; (2) make recommendations for administrative action; and (3) submit recommended legislation to the Congress. Requires the review committee to consult with the advisory group members if the review committee determines that the firms or workers are not implementing or are implementing unsatisfactorily: (1) the recommended objectives and actions in the industry assessment and competitiveness strategy; or (2) the actions declared in the confidential information obtained by the advisory group. Requires the Administering Authority to request the ITC to issue a report on the probable economic effect on the industry of import relief if, after consultations with the advisory group members, the review committee determines that the failure to implement or failure to implement satisfactorily such actions is not justified by changed circumstances and has adversely affected overall implementation of the objectives of the industry assessment and competitiveness strategy. Requires the Administering Authority, if it decides to provide import relief, to consult with petitioners and representatives of workers and firms in the affected industry on the advisability and desirability of taking appropriate action under countervailing or antidumping duty provisions of the Tariff Act of 1930 or under title III of the Trade Act of 1974 if the Administering Authority has reason to believe that a foreign government or firm is engaged in any action or practice for which such relief is available. Title IV: Relief from Injurious Industrial Targeting and Unfair Trade Practices - Provides that injurious industrial targeting may trigger import relief actions. Defines injurious industrial targeting to mean any combination of coordinated government actions: (1) which are bestowed on a specific enterprise, industry, or group thereof; (2) which assist such enterprise, industry, or group to become more competitive in the export of any class or kind of merchandise; and (3) which cause or threaten to cause material injury. Transfers from the President to the Administering Authority the authority to take certain actions to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Authorizes the Administering Authority to: (1) suspend, withdraw, or prevent application of the benefit of trade agreement concessions with the foreign country or instrumentality involved; (2) direct customs officers to assess duties or impose other import restrictions on the products of such country or instrumentality or to assess fees or impose restrictions on the services of such country or instrumentality for such time in such amount, and to such degree as the Administering Authority deems appropriate; (3) negotiate agreements to offset the burden or restrictions on U.S. commerce; (4) submit proposed administrative actions and legislation to implement any other government action which would restore or improve the international competitive position of the injured or threatened industry; (5) recommend action by the President; or (6) any combination of such actions. Transfers to the Administering Authority from the President the authority to impose certain limits on service sector access authorizations (authorizations that permit a foreign supplier of services access to the U.S. market). Authorizes the President, upon recommendation of the Administering Authority, to: (1) restrict the terms and conditions of any service sector access authorization; or (2) deny the issuance of any such authorization. Directs the Administering Authority to consult with representatives of domestic firms and workers that may be affected by any import relief investigation which is initiated by petition filed with the Administering Authority regarding any determination which is required to be made by the Administering Authority. Directs the Administering Authority, upon written request, to make confidential business information obtained by it in connection with an import relief investigation available under a protective order. Prohibits release of information classified for national security reasons. Requires the Administering Authority to act upon requests for such information within ten days of the request. Requires the Administering Authority, in conducting an import relief investigation initiated by petition to the Administering Authority, to present detailed questionnaires to the foreign government or enterprise involved in order to obtain information concerning the allegations in the petition. Directs the Administering Authority to verify any such information which the Administering Authority relied upon in making any determinations. Provides for relying on the best information available, which may be the information contained in the petition, if the foreign government fails to provide information or provides insufficient or unsatisfactory information. Requires the Administering Authority to make a preliminary determination within five months of the start of such an import relief investigation on whether there is reason to believe that import relief is warranted. Authorizes the Administering Authority to take certain actions based on the preliminary finding. Requires the final determination to made within 11 months of the start of the investigation. Requires the Administering Authority to determine what actions to take if the final determination is that import relief is warranted except that specific actions are required if injurious industrial targeting is found to exist. Requires the Administering Authority to consult with the petitioner and representatives of the affected domestic firms and workers if the final determination is affirmative. Requires the Administering Authority to report to the Congress if the final determination is affirmative and the Administering Authority declines to take any action. Terminates any preliminary import relief if the final determination is negative. Requires publication in the Federal Register of such preliminary and final determinations. Requires the Administering Authority, if it makes a preliminary finding that injurious industrial targeting exists, to: (1) establish an advisory committee; and (2) formulate, in consultation with such advisory committee, proposals which would restore or improve the competitive position of affected domestic industries. Requires the Administering Authority to notify the ITC when it initiates an investigation of injurious industrial targeting. Requires the ITC to make a preliminary determination within 60 days of receiving such notice of whether there is a reasonable indication that because of sales or likely sales of the merchandise which is the subject of the investigation: (1) an industry in the United States is materially injured or is threatened with material injury; or (2) the establishment or growth of an industry in the United States is materially retarded. Requires the ITC to make a final determination of whether such circumstances exist by: (1) 45 days after the affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is affirmative; or (2) 75 days after an affirmative final determination of the Administering Authority if the Administering Authority's preliminary determination is negative. Makes the ITC's determination subject to review by the U.S. Court of International Trade if such determination were made under the countervailing or antidumping duty provisions of the Tariff Act of 1930. Defines material injury and threat of material injury. Requires the Administering authority pending conclusion of the investigation, to take at least one of several provisional actions in order to prevent further injury or threat of injury from injurious industrial targeting. Requires the administering Authority, after a final determination of injury has been made, to take at least one of several actions to fully offset the material injury or threat of material injury from injurious industrial targeting. Directs the Administering Authority to submit to the President any proposed administrative action and any proposed legislation to restore or improve the competitive position of the injured industry if the preliminary and final determinations are that injurious industrial targeting has occurred. Provides for expedited consideration of such legislation. Requires the Administering Authority to report to the Congress on the actions the Administrative Authority will take to offset the material injury or threat of material injury from the injurious industrial targeting. Authorizes the Administering Authority to enter into a settlement agreement with the foreign country or entity involved in lieu of taking other actions if: (1) such agreement completely eliminates the material injury or threat of material injury from the injurious industrial targeting; and (2) such agreement is approved by the petitioner if the investigation began because of a petition. Authorizes the Administering Authority to take actions to compensate a foreign country or entity if the contracting parties to the General Agreement Tariffs and Trade (GATT) disapprove of actions taken in response to injurious industrial targeting. Directs the Administering Authority to consult with the petitioner and the representatives of affected domestic firms and workers if, in the course of an investigation, the Administering Authority has reason to believe that a foreign government engaged in dumping or other actions for which relief is available under specified provisions of the Tariff Act of 1930. Title V: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to add requirements for a country to be considered a "country under the Agreement" for purposes of the countervailing duty provisions of such Act. Requires such a country to have made a commitment under the GATT to: (1) eliminate its export subsidies within one year (five for least developed countries); (2) not increase, extend, or add export subsidies; and (3) eliminate immediately export subsidies on those products in which such country is competitive. Requires the ITC, upon request, to investigate whether the merchandise is already competitive in the U.S. market and whether the merchandise would be competitive in the absence of export subsidies. Directs the Administering authority to review the status of, and compliance with specified agreements at least once during each 12-month period. Directs the administering authority to publish such determinations. Imposes penalties for failure of a foreign country to honor any term of such agreements. Includes resource input subsidies within the definition of subsidy for purposes of such Act. Declares that a resource input subsidy exists if: (1) a product is provided or sold by a government or a government-controlled entity within a country for input use within that country at a domestic price that is lower than the fair market value of the input product and is not freely available to U.S. producers for purchase of that product for export to the United States and such product would, if sold at fair market value constitute a significant portion of the total cost of the manufacture or production of the merchandise in or for which the input product is used; or (2) the right to remove or extract a product is provided or sold by a government or a government-controlled entity within a country and that product is for input use in that country, the removal right is provided or sold at a domestic price that is lower than its fair market value, and the product to which the removal right applies would, if the right was sold at fair market value, constitute a significant portion of the total cost of the manufacture or production of the merchandise in or for which the product is used. Changes the definition of foreign market value for purposes of countervailing duty investigations. Requires the administering authority to include in calculating the cost of producing the merchandise the value of any benefit the producer or manufacturer has received from government research and development programs. Requires sales made at less than cost of production to be disregarded in the determination of foreign market value if such sales were made over an extended period of time and in substantial quantities. Sets forth a special rule for determining cost of production and constructed value if imports of the merchandise into the home market have been unreasonably restrained. Requires the ITC, in determining whether a U.S. industry is threatened with material industry because of imports, to consider: (1) any combination of coordinated government actions that are bestowed on a specific enterprise, industry, or group thereof the effect of which is to assist the beneficiary to become more competitive in the export of any merchandise and to cause or threaten to cause material injury to the United States; and (2) the extent to which the United States is the focal point for exports of the merchandise by reason of restraints on exports of the merchandise to, or on imports of the merchandise into, third country markets.
United States · United States Congress · 25 June 1985
Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to consider as overpayments the payments made to a deceased beneficiary that are received by an entitled surviving beneficiary.
United States · United States Congress · 20 June 1985
Amends the Arts and Artifacts Indemnity Act to delete certain restrictions on the indemnification of works of art when these are exhibited outside the United States.
United States · United States Congress · 19 June 1985
Medicare and Medicaid Second Opinion Act of 1985 - Amends title XVIII (Medicare) of the Social Security Act to prohibit payment for a surgical procedure listed by the Secretary of Health and Human Services unless a second opinion regarding such surgery is obtained. Provides that the second opinion need not agree with the first opinion in order for payment to be made. Directs the Secretary to establish a list of at least ten surgical procedures to which the second opinion requirement applies. Directs the Secretary to enter into contracts with utilization and quality control peer review organizations under which such organizations serve as referral centers for the second opinions required by the Act. Permits the patient to choose any qualified physician to provide the second opinion. Provides that a second opinion need not be obtained: (1) if to delay surgery would be a risk to the patient; (2) if no physician is available, within reasonable limits, to provide the second opinion; and (3) if the surgery is to be performed on a patient who is a member of a health maintenance organization or competitive medical plan having a risk sharing contract with the Secretary. Requires physicians, hospitals, and ambulatory surgical centers to notify patients of the second opinion requirement. Sets forth sanctions for noncompliance. Directs the Secretary to notify physicians, hospitals, ambulatory surgical centers, and Medicare beneficiaries of the requirements of this Act. Waives the deductible and copayments with respect to the second opinion. Amends title XIX (Medicaid) of the Act to require second opinions. Provides for the application of the Medicare second opinion requirements to Medicaid. Sets forth effective date, regulations, and study provisions.
![Official portrait of Sen. Heinz, John [R-PA]](https://www.congress.gov/img/member/h000456_200.jpg)