United States · United States Congress · 27 February 1985
Tobacco Deregulation Act of 1985 - Amends the Agricultural Act of 1949 to repeal tobacco price support provisions. Amends the Agricultural Adjustment Act of 1938 to repeal tobacco acreage allotment and marketing quota provisions. Amends the Food and Agriculture Act of 1965 to repeal tobacco allotment transfer provisions. Amends the Agricultural Trade Development and Assistance Act of 1954 (P.L. 480) to exclude tobacco from specified concessional export provisions. Amends the Commodity Credit Corporation Charter Act to prohibit the Commodity Credit Corporation from assisting tobacco production. Amends the Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to prohibit the issuance of tobacco marketing orders. Repeals the Tobacco Control Act. Withdraws congressional consent from any interstate compact regulating tobacco production and commerce.
United States · United States Congress · 26 February 1985
Amends the Internal Revenue Code to extend the residential energy income tax credit for solar energy property for five years (from 1985 to 1990). Phases out the percentage of expenditures which may be taken into account for such credit between the years 1986 and 1990. Limits to $6,000 the maximum amount of expenditures for solar hot water systems which may be taken into account for purposes of such credit. Specifies additional standards which solar hot water systems and active space heating systems must meet in order to qualify for such credit. Increases and extends for five years (from 1985 to 1990) the energy investment tax credit for specified types of solar energy property.
United States · United States Congress · 25 February 1985
Amends the Internal Revenue Code to exempt from the windfall profit tax an amount of crude oil equal to an amount of residual fuel oil used in enhanced recovery processes. Defines "enhanced recovery process" as any process: (1) for increasing the ultimate total recovery of oil from a reservoir which is designed to modify any property of any fluid in the reservoir or the reservoir rock; or (2) for displacing or controlling the flow rate or flow pattern in the reservoir.
United States · United States Congress · 25 February 1985
Provides that each item of any general or special appropriation bill and any bill or joint resolution making supplemental, deficiency, or continuing appropriations that is agreed to in the same form by both Houses of the Congress shall be enrolled as a separate bill or joint resolution for presentation to the President (line-item veto).
United States · United States Congress · 25 February 1985
Authorizes the Armored Force Monument Committee, the United States Armor Association, the World Wars Tank Corps Association, the Veterans of the Battle of the Bulge, the 11th Armored Cavalry Regiment Association, the Tank Destroyer Association, the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, and 16th Armored Division Associations, and the Council of Armored Division Associations to erect a memorial in or near Arlington National Cemetery, Virginia, to honor and commemorate the American Armored Force. Directs the Secretary of the Interior, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, to select the site and approve the design and plans. Obligates the United States to expenses of maintenance only. Requires the commencement of the erection of the memorial within five years with a certification of sufficiency of funds necessary before commencement.
United States · United States Congress · 21 February 1985
High Technology Research and Scientific Education Act of 1985 - Title I: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Title II: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporations R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 21 February 1985
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are not greater than total receipts. Permits the Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Requires the President and the Congress to ensure that actual outlays do not exceed the outlays set forth in such statement. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless the Congress passes by a three-fifths vote a bill directed solely to approving specific additional receipts and such bill has become law. Permits the Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war or national emergency is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United states except those for repayment of debt principal.
United States · United States Congress · 19 February 1985
Amends the RICO Statute (Racketeer Influenced and Corrupt Organizations) and the Controlled Substances Act to provide for the forfeiture of substitute property when, because of an act or omission of the defendant, the property subject to forfeiture: (1) is removed from the jurisdiction of the court or is otherwise unavailable for forfeiture; (2) is diminished in value; or (3) cannot reasonably be separated from property that is not subject to forfeiture.
United States · United States Congress · 19 February 1985
Amends the Federal criminal code to establish procedures for the imposition of the death penalty for presidential assassination. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Provides that no presentence report shall be prepared in such cases. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Conditions imposition of the death penalty on a unanimous finding by the jury (or finding by the court) that: (1) some aggravating factor exists; and (2) the aggravating factor sufficiently outweighs any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Establishes procedures for appeal from the death sentence.
United States · United States Congress · 19 February 1985
Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded in a Federal proceeding if the seizure was undertaken in a reasonable, good faith belief in its conformity with the fourth amendment to the Constitution. Provides that evidence obtained in accordance with a warrant is prima facie evidence of good faith, absent intentional and material misrepresentation.
United States · United States Congress · 19 February 1985
Liberty Double-Eagle Bullion Coin Act - Requires the Secretary of the Treasury to mint and issue gold double-eagle coins. Sets forth specifications for and the design of such coins. Makes such coins legal tender. Permits the sale of such coins at a price equal to the cost of minting and issuing such coins plus a surcharge equal to the amount by which the fair market value of gold bullion held by the United States and used in the minting of the coins exceeds the statutory maximum value of any gold certificates outstanding against the bullion. Requires the revenue from such surcharges to be used to reduce the national debt. Authorizes appropriations.
United States · United States Congress · 7 February 1985
Amends the Immigration and Nationality Act to authorize the Attorney General and the Secretary of State to establish a three-year pilot visa waiver program for up to eight countries providing a similar benefit to the United States. Sets forth program provisions.
United States · United States Congress · 7 February 1985
Repeals the national maximum speed limit of 55 miles per hour. Expresses the sense of the Congress that the States should not establish a maximum speed limit exceeding: (1) 55 miles per hour on public highways in urbanized areas; and (2) 70 miles per hour on any other public highways.
United States · United States Congress · 7 February 1985
Revises Federal procedures regarding the establishment of interstate cost estimates to direct the Secretary of Transportation to apportion such estimates for construction funds and substitute highway and urban transit projects on October 1 of 1985-1988 if the Congress has not approved such estimates by that time.
United States · United States Congress · 7 February 1985
Amends the Internal Revenue Code to treat as a tax-exempt employee fringe benefit any transportation provided by an airline to parents of its employees.
United States · United States Congress · 7 February 1985
Declares that the House of Representatives deplores the denial of the rights of Hungarians and people of other nationalities in Transylvania by the Romanian Government. Requests the President and the Secretary of State to discuss the human rights of the Hungarians in Transylvania with the Government of Romania.
United States · United States Congress · 6 February 1985
Amends the National Traffic and Motor Vehicle Safety Act of 1966 to revise restrictions on certain imported vehicles that do not conform to Federal standards. Authorizes the Secretary of Transportation to exempt certain motor vehicles or equipment from such restrictions for purposes of research, investigation, study, demonstration, training, national security, competitive racing events, or completion in the United States of an incomplete foreign-built vehicle or equipment item. Authorizes the Secretaries of Transportation and of the Treasury to promulgate joint regulations which authorize the importation of non-conforming vehicles or equipment if an individual has never imported such a vehicle before and seeks to do so for personal use to meet unforeseen cases of extreme hardship or extraordinary circumstances.
United States · United States Congress · 6 February 1985
Farm Debt Restructure and Conservation Set-Aside Act of 1985 - Amends the Consolidated Farm and Rural Development Act to authorize the Secretary of Agriculture, in exchange for partial cancellation of the debt involved, to acquire long-term (at least 50-year) easements for conservation, recreational, and wildlife purposes in wetlands, upland, and highly erodible land securing delinquent Farmers Home Administration loans. Sets forth a formula for calculating the borrower debt reduction.
United States · United States Congress · 6 February 1985
Firearms Owners' Protection Act - Title I: Amendments to Title 18, United States Code - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition, "engaged in the business," with respect to manufacturers, dealers, and importers. Defines as a manufacturer, dealer, or importer of firearms a person who manufactures or deals in a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Allows for the sale or delivery of any firearm to a resident of a State other than a State in which the licensee's place of business is located if such sale or delivery complies with the laws of both States. Presumes a licensee to have actual knowledge of the published laws of the State. Requires such transfer to be face to face. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the armed forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Declares that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements, under specific circumstances. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee where such individual is not convicted of such charges. Allows the Government to voluntarily dismiss criminal charges prior to trial and still proceed with revocation. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has reasonable cause to believe that a violation has occurred and that evidence may be found on the premises. Requires a warrant to be issued for such search. Restricts the kind of firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Makes it a defense to a prosecution under this section that the conduct constituting the offense consisted of simple carelessness. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Gun Control Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions by allowing such a person to appeal a denial to the U.S. district court. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Declares any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 6 February 1985
Makes provisions of the Voting Rights Act of 1965 that require that ballots and other election materials be available in a language other than English inapplicable to elections taking place after enactment of this Act. Declares that nothing in this Act prohibits States from providing such materials in another language if required by local conditions.
United States · United States Congress · 6 February 1985
Designates May 7, 1985, as Helsinki Human Rights Day. Requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with the U.S.S.R. and the Warsaw Pact nations; and (3) convey to U.S. allies the necessity of unity on these points.
United States · United States Congress · 4 February 1985
National Computer Systems Protection Act of 1985 - Amends the Federal criminal code to make it a Federal offense to knowingly access a computer owned by or operated on behalf of a financial institution without authorization; or access a computer with authorization for purposes to which such authorization does not extend and thereby obtain, modify, or destroy property of another. Provides for imprisonment for not more than ten years and a fine of not more than $250,000. Requires the Attorney General to: (1) consult with representatives of State and local governments concerning the exercise of Federal jurisdiction; (2) report annually to the Congress concerning the exercise of such jurisdiction; and (3) report to the Congress on the long-term impact of Federal jurisdiction in this area.
United States · United States Congress · 4 February 1985
Amends the Department of Defense Authorization Act, 1985 to repeal the spending limitation for contracted consultant and related services within the Department of Defense. Requires the Secretary of Defense to establish and report to the Congress concerning a procedure for the identification and control of costs of such services.
United States · United States Congress · 4 February 1985
Expresses the sense of the Congress that: (1) the President should urge Canada to discontinue imposing taxes on travel literature imported from the United States; and (2) a reciprocal tax imposed on imported Canadian literature may be appropriate if Canada continues to impose such taxes.
United States · United States Congress · 31 January 1985
Scout Commemorative Coins Act - Amends Federal law to direct the Secretary of the Treasury to mint and issue Boy Scouts of America and Girl Scouts of the United States of America half dollar coins commemorating the 75th anniversary of the Scouts of America. Limits the number of coins that may be minted and sets forth certain features of such coins. Directs the Secretary to sell the minted coins for a certain price or for a price equivalent to the average cost of minting and distributing such coins. Authorizes appropriations.
United States · United States Congress · 31 January 1985
Amends rule XLIX of the Rules of the House of Representatives to require a two-thirds vote on legislation that increases the statutory limit on the public debt.
United States · United States Congress · 30 January 1985
Establishes in the Treasury the Vietnam Humanitarian Remittances Fund. Authorizes any person who is subject to U.S. jurisdiction to transfer up to $300 during any 30-day period to an individual national of Vietnam if such person makes an equal payment to the Fund together with a written request for transfer of such payment to the designated Vietnamese national. Lists information that must be included in such request. Directs the Secretary of the Treasury to issue notes to the designated individual and drawn on amounts held in the Fund and redeemable only by Vietnam in favor of the designated recipient. Prohibits such note from being redeemed unless it is accompanied by a declaration signed by the designated recipient and the appropriate officer of a financial institution of Vietnam which makes specified attestations. Imposes penalties for transfers of currency or of precious metal or stone to Vietnam except as provided in this Act. Expresses the sense of the Congress that the President should try to reach agreement with Vietnam: (1) to provide for random monitoring by inspectors in Vietnam of the procedures used by Vietnam in connection with the signing of declarations described in this Act; and (2) to establish time limits to expedite the transfer of funds in accordance with this Act. Directs the Secretary to submit a quarterly report to the Congress setting forth the findings of such inspection team. Terminates the Fund within three days of the receipt of any such report which indicates a pattern or practice of abuse of the procedures relating to the transfer of funds by Vietnam. Declares that currency or other cash items sent or attempted to be sent by a person subject to U.S. jurisdiction to a national of Vietnam shall be deemed to be property of a U.S. national for purposes of the provisions of the International Claims Settlement Act of 1949 dealing with claims against Vietnam.
United States · United States Congress · 30 January 1985
Amends the Internal Revenue Code to continue the excise tax on cigarettes at its present 16 cents per pack level (rather than reducing the excise tax to eight cents per pack October 1, 1985, as currently provided). Authorizes the Secretary of the Treasury to transfer amounts received from this excise tax on cigarettes to the Federal Hospital Insurance Trust Fund.
United States · United States Congress · 28 January 1985
Biennial Budgeting Act of 1985 - Amends the Congressional Budget Act of 1974 to establish a two-year cycle for the presidential and congressional budget process. Requires each standing committee of Congress to review the laws and programs under its jurisdiction every other year and to consider the desirability of new legislation in such areas. Eliminates provisions requiring a second concurrent resolution on the budget. Permits revisions only in new spending authority, revenues, and the public debt limit through the reconciliation process.
United States · United States Congress · 24 January 1985
Amends the Federal criminal code to establish criteria for the imposition of the death penalty for treason and espionage. Requires the Government, for an offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury or the court upon motion by the defendant when the defendant is found guilty or pleads guilty to an offense punishable by death. Provides that no presentence report shall be prepared in such cases. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors with respect to the crimes of treason and espionage. Includes among the mitigating factors that the defendant was less than 18 years old at the time of the crime. Conditions imposition of the death penalty on a unanimous finding by the jury that: (1) some aggravating factor exists in addition to a threshold factor; and (2) the aggravating factor sufficiently outweighs any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon considering the record and the information and procedures of the sentencing hearing, and any special finding, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination.
United States · United States Congress · 24 January 1985
Federal Food Irradiation Development and Control Act of 1985 - Amends the Federal Food, Drug, and Cosmetic Act to delete "sources of radiation" from the definition of "food additive". Defines "food irradiation treatment" as a food process. Applies specified food additive regulatory provisions to food irradiation treatments. Declares it to be the express intent of the Congress to require national uniformity in the regulation of food irradiation treatment. Prohibits States or their political subdivisions from establishing food irradiation requirements different from, or in addition to, Federal requirements. Amends the Atomic Energy Act of 1954 to state that the Department of Energy may lease at fair market rates nuclear byproduct material for commercial food irradiation purposes. Establishes within the Department of Agriculture the Joint Operating Commission for Food Irradiation Treatment. Includes within such Commission's functions: (1) research and information exchange coordination; (2) encouragement of private enterprise in the development of food irradiation treatment; and (3) an annual report to the Congress. Authorizes appropriations.
United States · United States Congress · 24 January 1985
Amends the Internal Revenue Code to exclude from gross income a corporate stock distribution to a stockholder based upon the reinvestment of stock dividends in the corporation by such stockholder pursuant to his election to participate in a qualified dividend reinvestment plan. (Present law limits such exclusion to dividend reinvestment in stock of public utilities.) Limits the amount of such exclusion to $1,500 per taxable year ($3,000 in the case of a joint return.)
United States · United States Congress · 24 January 1985
Constitutional Amendment - Proclaims the English language to be the official language of the United States. Prohibits the United States or any State from requiring the use of any other language. States that this article shall not prohibit educational instruction in a language other than English for the purpose of making students proficient in English. Authorizes the Congress and the States to enforce this article by appropriate legislation.
United States · United States Congress · 24 January 1985
States that the Congress supports the President's commitment to arms control policies that provide for substantial reductions in strategic nuclear weapons and their delivery systems; the elimination of such weapons; and the development and deployment of nonnuclear defensive technologies that would ensure the safety of the United States and its allies and that would neutralize a terrorist nuclear missile attack. States that the Congress supports the President in the negotiation of new arms control agreements with the Soviet Union under which compliance is verifiable, which offset reductions in offensive weapons with sufficient defensive weapons, and which eliminate nuclear weapons from the arsenals of all nations.
United States · United States Congress · 22 January 1985
Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies for Veterans Administration (VA) adjudication purposes the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Requires the chairman of the Board of Veterans' Appeals to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees in successful veterans' claims brought before a court as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 22 January 1985
Repeals the requirement added by the Tax Reform Act of 1984 relating to the maintenance of contemporaneous records with respect to: (1) business travel expenses, including automobile expenses; (2) business entertainment expenses; and (3) expenses for gifts.
United States · United States Congress · 22 January 1985
Preborn Children's Civil Rights Act of 1985 - Prohibits Federal involvement in the performance of abortions, except that Federal funds may be used for medical procedures required to prevent the death of the mother or the preborn child. Includes the following activities within the scope of this provision: (1) use of appropriated funds to counsel or encourage an abortion; (2) use of appropriated funds to reimburse or refer for abortions; (3) use of funds for research with respect to abortion; or (4) contracting for insurance which pays or reimburses for abortion. Prohibits any institution receiving Federal funds from discriminating against any employee, applicant, or student because of such person's opposition to abortion. Prohibits the granting of attorney fees in a civil action involving a law, ordinance, or regulation prohibiting abortion. Provides for Supreme Court review with regard to a law, ordinance, or regulation prohibiting abortion which a lower Federal court declares unconstitutional.
United States · United States Congress · 22 January 1985
Expresses the sense of the Congress that the Federal Home Loan Bank Board should delay until June 30, 1985, the effective date of its proposed regulations regarding limitations on direct investment in real estate, service corporations, and equity securities by federally insured savings and loan associations. Directs the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance, and Urban Affairs of the House of Representatives to examine alternatives to the proposed regulations which will ensure safety and sound investment activities.
![Official portrait of Rep. Badham, Robert E. [R-CA-40]](https://www.congress.gov/img/member/b000024_200.jpg)