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 · 3 January 1985
National Observance Advisory Act - Establishes the President's Advisory Commission on National Observances to establish criteria for recommending to the President that a proposed national observance be approved or disapproved.
United States · United States Congress · 3 January 1985
Davis-Bacon Reform Act of 1985 - Amends the Davis-Bacon Act to increase from $2,000 to $1,000,000 the threshold dollar amount subjecting certain contracts to such Act and requiring them to specify the minimum wages to be paid to laborers and mechanics. Directs the Secretary of Labor to establish as the prevailing wage for a class of laborers or mechanics the entire range of wages being paid to a corresponding class of such workers in the particular urban or rural subdivision of the State in which the work is to be performed. Excludes from the computation of wages the basic hourly rates of pay for workers on local Federal projects. Establishes a separate classification for helpers of laborers or mechanics. Amends the Copeland Anti-Kickback Act to require certain contractors or subcontractors to furnish compliance statements concerning weekly wages at the beginning and conclusion of the period covered by the contract, instead of every week as the wages are paid.
United States · United States Congress · 3 January 1985
Amends the Fair Debt Collection Practices Act to require that any attorney who collects debts on behalf of a client be subject to the provisions of such Act.
United States · United States Congress · 3 January 1985
North Pacific Fur Seal Protection Act of 1985 - Title I: Termination of Convention - Expresses the sense of the Congress that the Interim Convention on the Conservation of North Pacific Fur Seals should not be continued. Declares that the President should terminate such Convention and enter into negotiations for an international agreement banning all killing of such seals. Title II: Protection of Seals - Directs the Secretary of the Interior to establish the Pribilof Wildlife Refuge. Directs the Secretary of Commerce to designate that part of the fishery conservation zone extending seaward of the Pribilof Islands, Alaska, as a marine sanctuary. Prohibits the taking of seals within such Refuge and marine sanctuary, unless by the natives for subsistence purposes. Sets forth sanctions for violations of these provisions. Directs the Secretaries to employ Pribilof Islands natives as rangers and guides. States that this title shall become effective upon termination of the Convention. Title III: Advisory Council; Social Services Programs - Provides for the establishment of an advisory council to study and recommend to the Congress alternative means of developing a livelihood for Pribilof Islands natives in lieu of the taking of seals upon the termination of the Convention. Directs the Secretary of the Interior to assure that the income of Pribilof Islands natives engaged in the taking of seals be maintained after the prohibition on the taking of seals takes effect. Title IV: Other Provisions of Law - Repeals title I (Conservation and Protection of North Pacific Fur Seals) of the Fur Seal Act of 1966. Stipulates that the Marine Mammal Protection Act of 1972 shall not apply if the taking of seals is prohibited under this Act.
United States · United States Congress · 3 January 1985
Erosion Reduction Act of 1985 - Makes persons who cultivate crops on highly erodible land ineligible for price supports, crop insurance, and other specified agricultural loans. Provides exceptions for: (1) crops produced using approved conservation methods; and (2) certain previously cultivated land. Directs the Secretary of Agriculture to use the agricultural stabilization and conservation committees to help administer this Act.
United States · United States Congress · 3 January 1985
National Diffusion Network Act - Directs the Secretary of Education to carry out a program to promote the use of exemplary educational programs, products, and practices to interested elementary and secondary schools. Requires the Secretary to provide information, materials, training, technical assistance, and evaluations. Authorizes the Secretary to make grants to, and contracts with, public and nonprofit private educational institutions and organizations to carry out such program. Declares that such program shall be deemed to be a continuation of the National Diffusion Network for which provision is made under the Education Consolidation and Improvement Act of 1981. Directs the Secretary to allocate funds available under such Act to such program. Authorizes additional appropriations, if necessary, to carry out such program in FY 1986 through 1989.
United States · United States Congress · 3 January 1985
Olmsted Heritage Landscapes Act of 1985 - Requires the Secretary of the Interior, acting through the Director of the National Park Service, to prepare a State-by-State inventory of Olmsted heritage landscapes. Provides that all properties on the inventory shall be part of an Olmsted heritage landscape system. Requires periodic updating of the inventory. Directs the Secretary to: (1) promulgate general standards for preservation of historic landscapes; (2) provide technical assistance to Federal agencies, State and local governments, private organizations, and other interested individuals on the identification, commemoration, and preservation of Olmsted heritage landscapes; (3) conduct and submit to the Congress a thematic study of historic landscapes to identify those landscapes which would qualify as national historic landscapes; (4) encourage a program for the use of the Frederick Law Olmsted National Historic Site in Massachusetts as a center for research and establish an advisory committee for the site; and (5) encourage appropriate international activities related to the Olmsted heritage landscapes. Requires the Secretary to provide for the coordination of applications for grants for the preservation of Olmsted heritage landscapes. Requires the Secretary to encourage maximum public participation in carrying out the purposes of this Act. Requires the Secretary to conduct appropriate activities during the decade of 1985 to 1995 to commemorate the Olmsted achievements and influence on American life. Establishes the Advisory Committee on Olmsted Heritage Landscapes, which shall assist the Advisory Council on Historic Preservation in carrying out those of its duties under the National Historic Preservation Act that relate to Olmsted heritage landscapes. Terminates such Committee after December 31, 1995. Authorizes appropriations.
United States · United States Congress · 3 January 1985
Overseas Teachers Act of 1985 - Amends the Defense Department Overseas Teachers Pay and Personnel Practices Act to entitle an individual who is recruited outside the United States as a teacher in a Department of Defense overseas dependents school to the same benefits as an individual recruited in the United States. Denies such entitlement to any individual who is the spouse of a member of a uniformed service, unless: (1) the individual is legally separated from the member; (2) the member dies or has retired from Government service; (3) the individual no longer resides with the member because the member has been reassigned to another geographic area for more than 90 days; or (4) the member's benefits comparable to a teacher's quarters allowance and cost of living benefits have been terminated for any other reason. Provides that such a teaching position shall include a position for which teaching duties and responsibilities are performed: (1) in a substitute capacity; (2) as a summer teacher; (3) as an instructor for the Junior Reserve Officers' Training Corps; (4) as a paraprofessional or teacher's aide; (5) for a definite term not to exceed one school year in the excepted service; or (6) for an indefinite term in the excepted service. Entitles an overseas teacher to 12 (currently ten) days of cumulative leave with pay if the school year exceeds eight months. Eliminates the limitation on the amount of leave a teacher may accumulate. Permits the use of leave for paternity purposes. Entitles a teacher to an additional three days of leave to use for any purpose during the school year. Entitles teachers who have taught for at least ten years to an additional five days of leave in each school year. Declares that any teacher may use available leave if appropriate advance notice is given. Entitles a teacher who is separated from such leave system to elect to: (1) receive a lump sum payment for such leave if the separation exceeds 31 days; or (2) receive credit for such leave as unused sick leave for purposes of determining the amount of a civil service retirement annuity. Entitles a Federal or District of Columbia employee who is transferred, promoted, or reappointed to a teaching position to: (1) receive a lump sum payment for the annual leave credited to such employee before he or she became a teacher; or (2) be recredited with such leave upon returning to a Federal or District of Columbia position without a break in service. Provides for liquidating leave in the case of a teacher who dies. Requires the Director of Dependents' Education, upon appropriate application, to grant any full-time teacher who has completed at least seven years of service a sabbatical with full pay for up to one year to enable the teacher to engage in study or uncompensated work experience which will contribute to the development of the teacher's skills, provided: (1) the teacher has not been granted a sabbatical during the preceding seven years; and (2) the teacher agrees to serve in a teaching position for three consecutive years. Requires the Secretary of Defense to prescribe a five-level pay system for overseas teachers. Requires determinations concerning appropriate pay levels to be based on the length of service of an individual as a teacher, counselor, psychologist, or social worker within the defense education system. Requires rates of basic pay within level I to be equal to the average of the range of rates of basic pay for comparable positions in school jurisdictions in the United States having an average daily attendance of 100,000 or more students. Declares the rate of pay for substitute teachers to be the lowest level of level I. Directs the Secretary to modify regulations concerning teacher compensation to require a teacher to be compensated for the appropriate fraction of his or her pay for each day of service during a school year exceeding the number of days comprising a school year in such a jurisdiction. Requires determinations concerning housing, transportation, services, or use of Government facilities for teachers at certain pay levels to correspond to such determinations for commissioned officers in the armed forces in equivalent grade levels, except that pay level I determinations shall correspond to grade level two determinations. Directs the Secretary to prescribe regulations to carry out specified overseas teacher requirements concerning: (1) the effect of administrative delays on starting dates; (2) a per diem allowance for travel to and from a duty station; (3) Government reimbursement for emergency transportation costs; (4) school assignments based on staffing requirements; (5) medical and dental benefits; (6) Government payments for the transportation of household goods; (7) service creditable for purposes of determining civil service annuities; (8) eligibility for military-controlled housing; (9) hours of duty; (10) leaves of absence; (11) qualifications and eligibility for vacancies within the system; (12) administrative leave during periods of inclement weather; and (13) class size limitations. Provides that any teacher who has served for at least three school years shall be eligible for appointment as a Federal employee in the competitive service on a non-competitive basis.
United States · United States Congress · 3 January 1985
American Conservation Corps Act of 1985 - Establishes an American Conservation Corps within the Departments of the Interior and Agriculture. Directs the Secretaries of both departments to establish and administer a conservation and rehabilitation program on Federal public and Indian lands. Directs the Secretary of the Interior alone to establish and administer such a program on non-Federal public lands. Directs the Secretaries to assist program agencies (any Federal, State, or Indian agency responsible for the management of public lands) in establishing and operating residential and nonresidential American Conservation Corps Centers. Describes the types of projects which will receive program preference. Limits program projects to those on public lands or Indian lands, except where projects on nonpublic lands provide documented public benefits. Sets forth requirements for establishing conservation centers and eligibility criteria for enrollees in the program. Requires that preference be given to economically, socially, physically, and educationally disadvantaged youth and youth residing in areas having substantial unemployment. Requires program agencies to provide services, facilities, supplies, and equipment for conservation centers as the Secretary deems necessary. States under what conditions and for what purposes an enrollee/volunteer shall be deemed a Federal or State employee. Permits the Tennessee Valley Authority to utilize such volunteers. Sets forth compensation and reimbursement provisions for volunteers and their upkeep. Directs the Secretaries to assist program agencies in securing certification or credit for skills acquired by volunteers during their participation and to conduct cost-benefit analysis and evaluations of the program. Permits the Secretaries to conduct pilot programs for alternative approaches. Directs the Secretary of the Interior to report to the Congress within the year on a study of Civilian Conservation Corps sites suitable for a commemoration of such Corps. Sets forth study opportunities and limitations for program volunteers, including a requirement that program agencies provide job guidance and placement assistance. Directs the Secretaries of the Interior and Agriculture to report at least annually to the President and the Congress. Directs the Secretary of Labor to make available appropriate labor market information. Sets forth employee appeal rights for workers displaced by American Conservation Corps volunteers. Sets forth funding limitations. Requires participating program agencies to certify that their programs will not displace workers. Sets forth procedures whereby State shares go to local governments when no State program agency exists. Authorizes appropriations for FY 1985 and 1986.
United States · United States Congress · 3 January 1985
Amends the Tariff Schedules of the United States to require the Secretary of Agriculture to determine if the Canadian Government provides a subsidy to Canadian swine producers which is greater than U.S. subsidies to U.S. swine producers. Authorizes the Secretary, upon an affirmative finding, to impose additional duties on Canadian swine and pork products. Provides that the Secretary shall impose such an additional duty equal to the excess benefit of the Canadian subsidy that is conferred on such products. Requires the Secretary of the Treasury to collect such duties. Requires the Secretary of Agriculture to terminate such additional duties during periods when Canada ceases to provide such subsidy.
United States · United States Congress · 3 January 1985
National Individual Training Account Act of 1985 - Title I: Individual Training Accounts - Establishes the national individual training account program to be administered by the Secretary of Labor and the Secretary of the Treasury in cooperation with the States. Authorizes the Secretary of Labor to enter into agreements whereby States or State unemployment compensation agencies shall: (1) issue and redeem vouchers to pay training and relocation expenses; (2) accept contributions from employees and employers for deposit into individual training accounts and distribute any amount in any such account at such times as any distribution from such account is authorized; (3) provide individual counseling or job and training referral services to any participant in the program; and (4) cooperate with officers of the Federal Government or of any other State in carrying out this Act. Directs the Secretary of Labor, upon the request of a State, to provide information and to detail, on a reimbursable basis, personnel to assist such State in establishing a State individual training account program. Sets forth the duties of the Secretary of Labor and the Secretary of the Treasury in administering the program established by this Act. Sets forth provisions for distributions from individual training accounts. Sets forth provisions for eligible training programs and for certification of such programs by the Secretary of Labor. Sets forth provisions for qualified relocation expenses and for approval of such expenses by the Secretary of Labor. Provides that individual training and related accounts are to be established as separate book accounts in the Unemployment Trust Fund. Title II: Amendments to the Internal Revenue Code of 1954 Relating to Individual Training Accounts - Amends the Internal Revenue Code to revise provisions for approval of State unemployment compensation laws to require that a State have a State individual training account program which has been approved by the Secretary of Labor. Applies such requirement to certifications of such State laws for 1986 and subsequent years. Revises Federal unemployment tax provisions to add requirements relating to State individual training account programs. Revises provisions relating to itemized Federal income tax deductions for individuals and corporations to allow such deductions for employee or employer contributions to individual training accounts made after December 31, 1984. Prohibits any reduction (through an additional credit allowance) in Federal unemployment tax in the case of any large employer which refuses to participate in the national individual training account program. Defines "large employer" as one which during the calendar year employed an average of not less than 25 employees. Makes such denial of reduction applicable to calendar years beginning after December 31, 1986. Appropriates to the Secretary of Labor, for the expense of administering the Federal-State employment service, for each fiscal year ending after January 1, 1986, an amount determined by the Secretary of the Treasury to be equivalent to an unspecified portion of the amounts received in the general fund in the Treasury which are attributable to the operation of such denial of reduction in the unemployment tax rate of such large employers who refuse to participate in the national individual training account program.
United States · United States Congress · 3 January 1985
Export Administration Amendments Act of 1985 - Title I: Amendments to Export Administration Act of 1979 - Amends the Export Administration Act of 1979 (the Export Administration Act) to amend the congressional findings and declaration of policy with respect to export controls. Declares that it is U.S. policy to: (1) encourage friendly countries to cooperate in restricting the sale of goods and technology that can harm U.S. security; (2) sustain vigorous scientific enterprise by protecting the ability of scholars freely to communicate their research findings; (3) control the export of goods and substances banned or severely restricted in the United States; (4) cooperate with allies and other countries to minimize dependence on imports of critical resources from potential adversaries and in developing alternative supplies of such resources; and (5) continue to object to exceptions to the International Control List for the Soviet Union. Authorizes the Secretary of Commerce (the Secretary) to require validated licenses (rather than qualified general licenses) authorizing multiple exports, including distribution licenses, comprehensive operations licenses, project licenses, and service supply licenses. Provides that distribution licenses shall authorize exports to distributors in countries other than controlled countries. Sets forth factors to be considered in determining whether to grant a distribution license. Prohibits using a distribution license or a comprehensive operations license in connection with exports to controlled countries. Directs the Secretary to establish a control list stating license requirements for exports of goods and technologies to all destinations to which such exports are controlled under the Export Administration Act. (Current law requires the Secretary to establish a commodity control list consisting of any goods or technology subject to export controls.) Prohibits the imposition of national security or foreign policy export controls on goods or technology if they are available in sufficient quality and quantity from sources outside the United States so that the imposition of export controls would be ineffective. Directs the President to give strong emphasis to bilateral or multilateral negotiations to eliminate foreign availability. Directs the Secretary and the Secretary of Defense to cooperate in gathering and assessing information relating to foreign availability. Directs the Secretary to keep the public fully informed about changes in export control policy and procedures. Authorizes the President to prohibit or curtail: (1) reexports of goods and technologies subject to national security export controls; and (2) the transfer of such goods or technologies to embassies and affiliates of proscribed countries. Deletes the provision which requires the Secretary to explain the denial of an export license application. Deletes the provision which declares that regulations issued to carry out national security export controls shall not be based on the assumption that there are effective safeguards against diversion of critical technologies to military use by countries that pose a threat to U.S. security. Directs the President to establish as a list of controlled countries those countries designated as communist countries in the Foreign Assistance Act of 1961. Authorizes the President to add or remove a country from such list if the President determines that exports to such country would or would not harm U.S. national security. Sets forth factors the President shall consider in making such determination. Excludes from export license requirements certain exports to countries which are members of the agreement of the Coordinating Committee for Multilateral Export Controls (the Coordinating Committee). Directs the Secretary to review at least once a year the list of goods subject to national security export controls. Directs the Secretary to publish notice of the review and provide interested parties with an opportunity to comment. Declares that it is the intent of the Congress to encourage the use of multiple validated export licenses in lieu of individual validated licenses. Prohibits the Secretary from requiring an individual validated export license for replacement parts which are exported to replace on a one-for-one basis parts that were in a good that has been lawfully exported. Requires the Secretary to review periodically the procedures relating to multiple validated export licenses. Authorizes the Secretary to make goods which are subject to national security export controls eligible for a distribution license and other licenses authorizing multiple exports of goods. Makes technology and related goods which are subject to national security export controls eligible for a comprehensive operations license. Directs the Secretary to establish as one of the criteria for the removal of goods or technology from the list of goods subject to national security export controls the anticipated needs of the military of countries to which exports are controlled for national security purposes. Deletes as an objective of multilateral export controls negotiations reduction of such controls to a level acceptable to and enforceable by all governments participating in the Coordinating Committee. Adds several new objectives to such negotiations. Requires any nongovernmental U.S. entity which enters into commercial agreements with the government of a controlled country that is intended to result in the export of unpublished technical data of U.S. origin to report such agreement to the Secretary. Excludes educational institutions from such requirement. Directs the Secretary to conduct negotiations with other countries, including countries not participating in the Coordinating Committee, to restrict exports of goods or technology that would contribute to the military potential of countries that would be detrimental to U.S. security. Directs the Secretary, if there is reliable evidence that exports which were subject to national security controls have been diverted to an unauthorized use or consignee: (1) to deny all further exports to or by parties who divert or conspire to divert any goods or technology subject to national security controls to an unauthorized use or consignee; and (2) to take any other necessary steps to deter further unauthorized use of previously exported goods or technology. Prohibits imposing a national security export control on a good solely because it contains an embedded microprocessor if the microprocessor cannot be used or altered to perform functions other than those it performs in the good in which it is embedded. Permits imposing an export control on such a good only if the functions of the good are such that the good, if exported, would make a significant contribution to the military potential of a country that would be detrimental to U.S. national security. Directs the Secretary, with the Commissioner of Customs and the Director of the Federal Bureau of Investigation, to help manufacturers or persons engaged in handling goods or technology subject to national security controls to develop security systems to prevent violations or evasions of such controls. Requires Federal agencies to keep records of their actions with respect to export license applications or revisions of the list of controlled commodities. Establishes a National Security Control Office within the office of the Under Secretary of Defense for Policy in order to assist the Secretary of Defense in carrying out responsibilities related to the national security export controls. Excludes agricultural commodities from the national security export controls. Requires the Secretary of Defense, in developing the list of militarily critical technologies, to give emphasis to keystone equipment which would reveal or give insight into the design and manufacture of a U.S. military system. Requires such list to include technologies that are not available from sources outside the United States. Directs the Secretary and the Secretary of Defense to integrate the list of militarily critical technologies into the control list. Requires the President to resolve any dispute between the Secretaries over whether a good or technology on the list of militarily critical technologies should be integrated into the control list. Requires that the integrated list include only: (1) goods or technologies which are not possessed by nor available to controlled countries; and (2) goods or technologies for which functionally equivalent goods or technologies are not possessed by nor available to such countries. Directs the Secretary of Defense to establish a procedure for annually reviewing the goods or technology on the list. Authorizes the Secretary of Defense to add items to the list. Directs the President to resolve disagreements between the Secretaries over whether items should be added to or removed from the list. Requires the establishment of adequate export controls for militarily critical technology and keystone equipment to be accompanied by suitable reductions in the controls on the products of that technology and equipment. Directs the Secretary of Defense to report to the Congress within one year of enactment of this Act on the impact that transferring items on the list of militarily critical technologies to controlled countries has had or will have on the military capabilities of those countries. Directs the Secretary to make a foreign availability determination on the Secretary's own initiative after receiving an allegation of such availability from an export license applicant or upon request of the appropriate technical advisory committee established under the Export Administration Act. Directs the Secretary to accept the applicant's representations made in writing and supported by evidence unless they are contradicted by reliable evidence, expert opinion, or intelligence information. Lists factors to be considered in making such determination. Requires that the President "actively pursue" rather than "take steps to initiate" negotiations with governments of countries which export goods that are subject to national security export controls. Establishes in the Department of Commerce an Office of Foreign Availability which shall be responsible for gathering and analyzing information relating to determinations of foreign availability under the Export Administration Act. Requires such information to be made available to the Congress every six months. Requires the Office to be under the direction of the Assistant Secretary of Commerce for Trade Administration in FY 1985 and under the direction of the Under Secretary of Commerce for Export Administration thereafter. Requires that representatives of the intelligence community participate in the technical advisory committees established under the Export Administration Act. Requires such committees to be consulted on questions relating to actions designed to avoid contributing to the military potential of countries that would be detrimental to U.S. security. Requires the Secretary to report to the Congress within 90 days on a finding by a technical advisory committee that goods or technology subject to national security export controls are available in foreign countries. Prohibits the Secretary from requiring a validated export license for such goods or technology if, after six months, the foreign availability has not been eliminated. Authorizes the President to extend the validated export license requirement for one year if the President certifies to the Congress that the negotiations to eliminate the foreign availability of such goods or technology are progressing and that the absence of the export control involved would prove detrimental to U.S. national security. Changes the standard for finding foreign availability of goods subject to national security export controls from "sufficient quality" to "comparable quality" goods. Provides that the Secretary of Commerce shall exercise the foreign policy export controls in consultation with, among others, the Secretaries of Defense, Agriculture, and the Treasury and the U.S. Trade Representative. Declares that foreign policy export controls shall apply to transactions undertaken with intent to evade a foreign policy export control even if such foreign policy export control would not otherwise apply to that transaction or activity. Lists criteria which must be met before the President may impose foreign policy export controls. Directs the President to consider such criteria and the foreign policy consequences of changing the export controls in determining whether to extend the foreign policy export controls in effect on the date of enactment of this Act. Directs the Secretary, before imposing any foreign policy export controls, to consult with affected U.S. industries and with advisory committees established by the Trade Act of 1974. Directs the President, when imposing foreign policy export controls, to consult with other countries including countries with which the United States maintains export controls cooperatively. Authorizes the President to impose, expand, or extend foreign policy export controls only after consultation with the appropriate congressional committee. Requires the President to submit a report to the Congress before imposing, expanding, or extending such controls. Lists information to be included in such report. Requires the Secretary to present oral testimony annually to the appropriate congressional committees on policies and actions taken to carry out the foreign policy export controls. Declares that the foreign policy export controls provisions do not authorize export controls on donations of goods that are intended to meet basic human needs. Declares that such exclusion does not apply to export controls on medicine, medical supplies, or food, except for donations, which are in effect on the date of enactment of this Act. Requires the President, before extending a foreign policy export control, to evaluate the results of international negotiations to curtail the foreign availability of the goods which shall be subject to the export control. Requires the President to report that evaluation to the Congress. Requires the Secretary, if the negotiating efforts are not successful within a specified time, to take into account the foreign availability of the goods or technology subject to a foreign policy export control. Sets forth procedures to deal with such foreign availability. Prohibits rescinding a finding that a country supports international terrorism unless the President, at least 30 days before the proposed rescission would take effect, certifies to the Congress that: (1) the country concerned has not provided support for international terrorism during the preceding six month period; and (2) the country concerned has made explicit assurances that it will not support acts of international terrorism in the future. Requires the reinstatement of a finding that a country supports international terrorism if such a finding was made before January 1, 1982, and was no longer in effect on the date of enactment of this Act, unless the President makes a specified certification to the Congress. Requires that any determination of the Secretary with respect to exporting or granting export licenses for crime control instruments shall be made with the concurrence of the Secretary of State. Requires the Secretary to identify on the control list (currently the commodity control list) which goods or technology and which countries or destinations are subject to which types of foreign policy export controls. Prohibits the President, unless and until the President makes a specified certification to the Congress, from prohibiting or curtailing through foreign policy export controls, the export or reexport of goods, technology, or other information: (1) in performance of a contract or agreement entered into before the President reports to the Congress the intention to impose export or reexport controls on such goods, technology, or information; or (2) under authorization issued under the Export Administration Act. Extends certain export controls with respect to South Africa for one year. Authorizes the President to impose foreign policy export controls with respect to an expanded number of goods or technology if: (1) the President reports to the Congress on the proposed controls; and (2) a law is enacted authorizing such controls. Provides for expedited consideration of a joint resolution authorizing such controls. Authorizes entities which represent an industry or a substantial segment of an industry which processes metallic materials capable of being recycled to petition the Secretary to monitor exports of such material or impose export controls on such material. Requires such petition to include information demonstrating that specified criteria are satisfied. Requires notice of the petition to be published in the Federal Register. Sets forth information which shall be included in such notice. Sets forth the criteria the Secretary shall use in determining whether to impose monitoring or controls on such materials. Provides for publishing regulations with respect to such monitoring or controls. Authorizes the Secretary to refuse to consider a petition with respect to such materials if a similar petition has been considered in the previous six months. Authorizes the Secretary, under specified conditions, to impose temporary controls after a petition has been filed. Permits exports of certain domestically produced crude oil only if the President so recommends to the Congress after making and publishing specified findings. Terminates the short supply export controls on domestically produced crude oil on September 30, 1990. Requires the President to notify the Congress whenever the President determines that short supply export controls should be imposed on refined petroleum products. Requires the President to report to the Congress the imposition of any short supply export control on an agricultural commodity. Limits the duration of such a control to one year. Provides that such control shall cease to be effective if the Congress, within 60 days of receipt of the report of such export control, fails to adopt a joint resolution approving such control. Provides for expediting consideration of such a joint resolution. Excludes from such requirement export controls: (1) which are extended under the Export Administration Act if they were approved by the Congress when they were imposed; or (2) which are imposed with respect to a country as part of the prohibition or curtailment of all exports to that country. Prohibits any short supply export control from affecting any contract to harvest unprocessed western red cedar from State lands which was entered into before October 1, 1979, and the performance of which would make red cedar available for export. Prohibits any short supply export controls on any agricultural commodity or on any forest or fishery product from affecting any contract to export entered into before the date on which the controls are imposed. Decreases the number of days permitted for review of an export license at all stages of the review process. Makes special provisions for reviewing applications for licenses to export goods or technology to member countries of the Coordinating Committee. Requires the Secretary to inform an export license applicant in writing if the Secretary receives questions or negative recommendations from other departments or agencies with respect to the application. Entitles such an applicant to respond in writing to such questions or recommendations and to respond in person to the department or agency raising such questions or recommendations. Requires the Secretary to inform an export license applicant whose application is denied, among other things: (1) what modifications in or restrictions on the goods or technology for which the license was sought would allow such export to be compatible with export controls; and (2) which Commerce Department personnel will be made reasonably available to the applicant for considerations with regard to such modifications or restrictions. Requires the Secretary to allow an export license applicant 30 days to respond to a decision denying the license application. Prohibits the Secretary from returning a license application without action if the license requirements are changed after the application has been submitted. Authorizes the Secretary to request additional information in such a case. Requires the Secretary to provide a proper classification of a good or technology on the control list within ten days of receiving a request for such classification. Requires the Secretary to respond within 30 days to an inquiry about the applicability of export license requirements to a proposed export transaction or series of transactions. Requires the Secretary to submit to the Congress, within 120 days of enactment of this Act, a plan to assist small businesses in the export license application process. Requires the Secretary to report every three months to specified congressional committees on the number of export license applications which during the preceding three months took more than the prescribed time to process. Requires the Secretary to report additional information with respect to such applications. Sets forth procedures for reviewing applications for an individual validated license for exports to member countries of the Coordinating Committee. Imposes penalties: (1) for conspiring or attempting to violate any provision of the Export Administration Act with knowledge that the exports involved will be used for the benefit of, or that the destination or intended destination of the goods or technology involved is, any country to which exports are restricted for national security or foreign policy purposes; (2) on persons possessing goods or technology with intent to export such goods or technology in violation of a national security or foreign policy export control or knowing or having reason to believe that the goods or technology would be so exported; and (3) on persons who take actions with intent to evade the provisions of the Export Administration Act. Requires consultation with specified congressional committees if an exception to an order issued under the Export Administration Act which revokes the authority of a U.S. person to export goods or technology is to be made. Requires persons convicted of a national security export control violation to forfeit: (1) any property interest in the goods or tangible items that were the subject of the violation; (2) any property interest in tangible property used in the export or attempt to export that was the subject of the violation; and (3) any property constituting or derived from proceeds obtained as a result of such violation. Prohibits, at the Secretary's discretion, persons with specified prior convictions from being eligible to apply for or use an export license for up to ten years after the conviction. Authorizes the Commissioner of Customs to make investigations outside the United States in order to enforce the Export Administration Act, the Export Control Act of 1949, or the Export Administration Act of 1969. Provides that any U.S. district court shall have jurisdiction to enforce such Acts. Authorizes the Secretary to conduct certain investigations outside the United States. Authorizes the U.S. Customs Service, in the enforcement of the Export Administration Act, to search and seize goods or technology at U.S. ports of entry or exit and at certain places outside the United States. Sets forth actions which U.S. Customs Service officers may take to enforce the Export Administration Act. Grants the Secretary the responsibility for enforcement of the foreign boycott provisions of the Export Administration Act. Sets forth actions that may be taken in enforcing such provisions. Limits the amount that the U.S. Customs Service may spend in enforcing the Export Administration Act in FY 1985 and 1986. Requires the Secretary to publish in the Federal Register the procedures for enforcement of the Export Administration Act. Requires the Secretary and the Commissioner of Customs, upon request, to share certain licensing and enforcement information. Sets forth procedures for hearings before an administrative law judge on civil penalties and sanctions for certain violations of the Export Administration Act. Requires such proceedings to be concluded within one year after submission of the complaint. Authorizes the Secretary or the Secretary of the Treasury to issue a temporary denial order, without a hearing, with respect to an export license. Limits the duration of the order to 60 days unless renewed, after notice and opportunity for a hearing, for additional 60 day periods in order to prevent an imminent violation. Lists information to be included in the order. Provides for appeal of the order to an administrative law judge whose determination shall be reviewed by the Secretary. Authorizes appeals of denials of export licenses. Sets forth appeal procedures. Designates as qualified for appointment as an administrative law judge any person who, for at least two of the ten years preceding the effective date of this Act, has served as a hearing commissioner of the Commerce Department. Directs the Secretary to report annually every license that was approved for exports to controlled countries. Directs the President to include in each annual report a detailed description of the extent of injury to U.S. industry and the extent of job displacement caused by U.S. exports to controlled countries. Directs the President to appoint an Under Secretary of Commerce for Export Administration to carry out the functions of the Secretary under the Export Administration Act. Directs the Secretary to designate three Assistant Secretaries of Commerce to assist the Under Secretary. Authorizes the issuance of regulations to carry out the national security export control provisions only following their submission (for review and comment) to the Secretary of Defense, the Secretary of State, and other appropriate officials. Requires the Secretary to report to the Congress and to consult with certain technical advisory committees if the Secretary proposes to change regulations issued pursuant to the Export Administration Act. Changes the definitions of specified terms used in such Act, including "technology" and "export." Authorizes appropriations to carry out the purposes of the Export Administration Act FY 1985 and 1986. Extends the authority granted by such Act until September 30, 1989. Amends the Trade Expansion Act of 1962 to authorize the President to impose import controls on persons who violate any national security export control imposed under the Export Administration Act. Authorizes the President to impose import controls on persons who violate a regulation issued under a multilateral agreement to control exports for national security purposes, but only if: (1) negotiations with the parties with jurisdiction over the violation have failed to restore compliance with the regulation involved; (2) the President, after the failure of such negotiations, has notified such parties that the United States intends to impose import controls on persons who violate such regulation; and (3) a majority of parties to the multilateral agreement concur in the proposed import controls or abstain from stating a position on such import controls. Requires the Secretary to modify the office hours of the Office of Export Administration on at least four days of each workweek to accommodate exporters throughout the United States. Amends the Foreign Assistance Act of 1961 to require the President to make a specified certification to the Senate Banking Committee before issuing a license for the export of crime control equipment to a country which engages in a consistent pattern of human rights violations. Prohibits the export of horses by sea from the United States unless the Secretary, in consultation with the Secretary of Agriculture, grants a waiver for such export based on a finding that no horse is being exported for slaughter. Imposes penalties for violations of this prohibition. Directs the President to: (1) undertake a comprehensive review of the issues concerning possible changes in the existing incentives to produce crude oil from the North Slope of Alaska and possible changes in the existing distribution of such crude oil, as well as the appropriations of continuing existing controls; and (2) develop options and recommendations regarding the production and distribution of such crude oil. Requires the President to report the results of such review to the Congress within nine months of enactment of this Act. Title II: Export Promotion Programs - Authorizes appropriations for FY 1985 and 1986 to carry out Commerce Department export promotion programs. Directs the Secretary of Agriculture to report to the Congress, within 90 days of enactment of this Act, on the status of Federal programs relating to the barter or exchange of commodities owned by the Commodity Credit Corporation for materials and products produced in foreign countries. Authorizes the President: (1) to barter farm commodities for such materials in situations in which sales would otherwise not occur; and (2) to purchase such materials which are produced abroad and acquired by persons in the United States through barter for farm commodities produced in and exported from the United States through normal commercial trade channels. Directs the President to take steps to safeguard existing export markets for farm commodities operating on conventional business terms. Title III: Nuclear Exports - Amends the Atomic Energy Act of 1954 to prohibit, unless specified conditions are met: (1) issuance of an export license for export to a non-nuclear weapon state of an item or related technical data which could be of significance for nuclear explosive purposes or which is likely to be diverted for use in such a facility; (2) issuance by the Nuclear Regulatory Commission (NRC) of a license for the export to a non-nuclear weapon state of a component part, item, or substance which the NRC has determined is especially relevant from the standpoint of export control; (3) approval by the Secretary of Energy of the retransfer to a non-nuclear weapon state of any such component part, item, or substance; and (4) authorization by the Secretary of Energy of any person to engage in the production of special nuclear material in a non-nuclear weapon state. Sets forth certain limitations on such prohibitions. Requires the Nuclear Proliferation Assessment Statement which the Director of the Arms Control and Disarmament Agency provides the President on proposed agreements of cooperation to include an assessment of the consistency of the text of the agreement with the requirements of the Atomic Energy Act of 1954. Requires the President to submit such statement to the Senate Foreign Relations and the House Foreign Affairs Committees and to consult with such committees on the consistency of the text of the agreement with the requirements of such Act. Requires such committees to each hold hearings on the proposed agreements and submit reports recommending whether the agreement should be approved or disapproved. Declares that such agreement shall not become effective if the Congress adopts a joint (currently concurrent) resolution stating that the Congress does not favor such agreement. Provides that an agreement exempted by the President from specified conditions shall not become effective unless the Congress adopts and there is enacted a joint resolution authorizing such agreement. Provides for expediting the consideration of such a joint resolution.
United States · United States Congress · 3 January 1985
Amends the Small Business Investment Act of 1958 to authorize the Small Business Administration to license small business investment companies that assist farmers and agricultural-related businesses.
United States · United States Congress · 3 January 1985
Amends the Internal Revenue Code to increase to $2,500 the maximum deduction for contributions to retirement savings plans. Allows certain individuals to compute the amount of the income tax deduction for retirement savings on the basis of the earned income of their spouses without regard to any community property laws.
United States · United States Congress · 3 January 1985
Amends the Internal Revenue Code to provide that one-half of the cost of insurance paid by a self-employed taxpayer for medical care during the taxable year will be allowed as a business deduction.
United States · United States Congress · 3 January 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. Requires the President, prior to each fiscal year, to transmit to the Congress a proposed statement of receipts and outlays for that year consistent with the provisions of this article. Permits the Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war 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 · 3 January 1985
Constitutional Amendment - Provides for the appointment of electors to represent the insular areas constituting the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
United States · United States Congress · 3 January 1985
Establishes the Joint Committee on Intelligence. Declares that such committee has exclusive legislative jurisdiction with respect to any intelligence activity of the Federal Government and authorizations for appropriations for specified agencies and intelligence-related activities. Directs the joint committee to classify its information and records and to establish guidelines for their maintenance, use, and availability. Sets forth procedures for the disclosure of such information. Directs the joint committee to establish and carry out rules and procedures necessary to prevent the unauthorized disclosure of information. Makes conforming amendments to the Rules of the House of Representatives, including abolishing the Permanent Select Committee on Intelligence, and the National Security Act of 1947.
United States · United States Congress · 3 January 1985
Establishes in the House of Representatives the Select Committee on Hunger to conduct a continuing comprehensive study of the problems of hunger and malnutrition. Requires an annual report from such committee, including a summary of its activities.
United States · United States Congress · 3 January 1985
Requires each House of Representatives committee (except the Committee on Standards of Official Conduct) and subcommittee to be constituted in a ratio proportionate to the membership of the two political parties in the House. Requires, where practicable, the committee staffs to reflect such ratio.
United States · United States Congress · 3 January 1985
Congressional Regulatory Oversight Improvements Resolution of 1985 - Title I: Establishment and Responsibilities of Joint Committee - Establishes the Joint Committee on Regulatory Affairs to monitor on a continuing basis the rulemaking activities of Federal agencies. Authorizes the joint committee to investigate agency rules on its own initiative or at the request of a Member of either House. Expresses the sense of the Congress that agencies should cooperate with any investigation. Title II: Regulatory Oversight and Review - Authorizes the joint committee to report identical concurrent resolutions disapproving an agency rule on one or more specified grounds, accompanied by a report specifying the basis for disapproval. Sets forth rules of procedure for consideration of the resolution. Prohibits, after adoption of such resolution, either House from considering legislation making or continuing appropriations for the agency in question. Authorizes the joint committee, after adoption of such resolution, to report joint resolutions requiring the agency in question to revise, repeal, or not promulgate the pertinent rule. Title III: Administrative Provisions - Requires the joint committee to adopt rules of procedure consistent, where practicable, with the rules of each House. Expresses the sense of the Congress that the committee should utilize a consolidated, nonpartisan staff. Requires the joint committee to report as soon as practicable in the 100th Congress on its activities during the preceding Congress and make recommendations necessary to improve the functions of such committee. Directs the Postmaster of the House of Representatives to operate a regulatory library to provide reference material relating to administrative law and regulatory affairs.
United States · United States Congress · 3 January 1985
Expresses the sense of the Congress that: (1) Poland should comply with basic human rights agreements to which it is a signatory, such as the Helsinki accords, and initiate a policy of National Reconciliation; (2) the prosecution of those responsible for the death of Father Jerzy Popieluszko should be supported by Poland; (3) human rights monitoring committees in Poland should be supported; (4) the free flow of information on the activities of such committees can improve human rights policies in Poland and the continued improvement of human rights there would better relations between the United States and Poland; and (5) the President should convey Congress' concerns to Polish officials and to U.S. allies.
United States · United States Congress · 26 September 1984
1984 Act to Combat International Terrorism - Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary of State to pay an award not to exceed $500,000 to any individual who furnishes information regarding an act of terrorism: (1) against a U.S. person or U.S. property; and (2) primarily outside the territorial jurisdiction of the United States. States that a reward of $100,000 or more may not be made without the approval of the President. Allows for the protection of the identity of the recipient of a reward if it is determined that such measures are necessary. Makes governmental employees who furnish information while in the performance of their duties ineligible for such payment. Authorizes appropriations. Urges the President to seek more effective international cooperation in combatting international terrorism, including: (1) severe punishment for acts of terrorism; and (2) extradition of all terrorists to the country where the terrorist incident occurred or whose citizens were victims of the incident. Provides that priority should be given to negotiations to establish a permanent international working group for combatting terrorism. Requires the Secretary of State to report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives no later than February 1, 1985, on the findings and recommendations of the Advisory Panel on Security of United States Missions Abroad. Authorizes additional appropriations for security enhancement at United States missions abroad. Requires the Secretary of State and the Director of the United States Information Agency to report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on how their agencies have allocated funds. Amends the State Department Basic Authorities Act of 1956 with regard to hiring additional individuals for services abroad. Allows for additional procurement authority for overseas security requirements. Authorizes the Deputy Assistant Secretary of State to use government-owned vehicles for security purposes. Expresses the sense of the Congress that due to the current epidemic of worldwide terrorist activity, U.S. missions abroad should utilize danger pay allowance more extensively.
United States · United States Congress · 13 September 1984
Prohibits members of the Reserves and National Guard from participating in military or paramilitary activity outside the territorial jurisdiction of the United States unless ordered by the United States to do so. Establishes criminal penalties for violations.
United States · United States Congress · 10 September 1984
National Child Protection Act - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to add provisions for licensing and information with respect to providers of child day care services. Requires, as a condition for receiving any funds under title XX, that a State have a program in effect which meets specified requirements. Requires the State to require the licensing and monitoring of all providers of child day care services in accordance with standards established by the Secretary of Health and Human Services. Requires the State to provide information to the Secretary with respect to: (1) all individuals providing child day care services or employed by providers of child day care services; and (2) all individuals convicted of child abuse, child molesting, or similar crimes. Requires the State to have in effect a toll-free telephone hotline for the reporting of any allegations of child abuse, child molestation, or similar acts committed by any individual providing child day care services or by any employee of a provider of child day care services. Directs the Secretary to establish standards and guidelines for State licensing and monitoring of providers of child day care services. Requires that such standards and guidelines: (1) assure the children's safety, health, and developmental potential and promote their social, emotional, physical, and cognitive growth; and (2) assure that only adequately trained individuals provide such services. Directs the Secretary to determine a uniform definition of "child day care services" and of "provider of child day care services" to apply for purposes of this Act and to assure that the maximum feasible number of children shall be protected under this Act. Directs the Secretary to establish a national file of the names, addresses, and social security numbers of all individuals convicted of crimes involving child abuse, child molestation, or such similar acts which the Secretary determines ought to be included in such file to protect children receiving child day care services. Requires each State to report to the Secretary such information on any individual convicted in that State of such acts which the Secretary has determined ought to be included in the national file. Directs the Secretary to establish a uniform reporting system which shall apply to all States for such purpose. Requires each State to prohibit any individual or provider from being licensed to provide child day care services in such State if such individual, or any employee of such provider, has been convicted of a crime which has been reported by any State to the Secretary and is contained in the national file. Requires each State, prior to granting such a license, to request the Secretary to check the names of each individual seeking a license to provide child day care services, and each employee of a provider seeking such a license, against the list of names contained in the national file. Requires each State to establish a toll-free telephone hotline for the reporting of any allegations of child abuse, child molestation, or any similar act designated by the Secretary for inclusion in the national file, committed by an individual providing child day care services, or by an employee of a provider of such services. Requires the State to provide follow-up investigation of each such allegation in accordance with standards established by the Secretary under regulations. Establishes an Advisory Panel on Child Protection to advise the Secretary on the standards and guidelines issued under this Act and to recommend appropriate changes in such standards and guidelines. Sets forth provisions relating to Panel membership and assistance. Directs the Secretary to promulgate all regulations required under this Act within 90 days after the enactment of this Act. Makes the requirements of this Act applicable to States beginning 180 days after the enactment of this Act.
United States · United States Congress · 6 September 1984
Indian Juvenile Alcohol and Drug Abuse Prevention Act - Title I: Interdepartmental Agreement - Directs the Secretary of the Interior and the Secretary of Health and Human Services to coordinate specified efforts of the Bureau of Indian Affairs and the Indian Health Service regarding drug and alcohol abuse programs for Indian youth. Requires certain officials of the Bureau of Indian Affairs and the Indian Health Service to agree to coordinate and share resources with any Indian tribe upon such tribe's request. Title II: Education - Amends the Indian Elementary and Secondary School Assistance Act, the Indian Education Act, and the Adult Education Act, respectively, to provide for: (1) grants for the training of alcohol and drug abuse counselors in Indian Elementary schools; (2) a specified percentage of fellowships to be awarded to persons specializing in guidance counseling for alcohol and drug abuse; and (3) grants to support pilot adult education projects which provide drug and alcohol abuse counseling services. Directs the Secretary of the Interior to provide drug and alcohol abuse curricula in Bureau of Indian Affairs Schools and schools operated under the Indian Self-Determination and Education Assistance Act. Requires the Secretary to publish an alcohol and drug abuse quarterly newsletter. Title III: Family and Social Services - Requires the Director of the Indian Health Service to provide training in alcohol and drug abuse problems to specified schools, Indian Health Service personnel, and others. Title IV: Law Enforcement - Provides for the detention of Indian juveniles in temporary emergency shelters if their offenses are related to the use or possession of drugs or alcohol. Title V: Juvenile Alcohol and Drug Abuse Treatment and Rehabilitation - Requires the Director of the Indian Health Service to: (1) conduct a study regarding residential alcohol or drug abuse treatment; and (2) provide alcohol and drug abuse treatment services in specified facilities. Title VI: Definitions, Effective Date, and Authorization of Appropriations - Sets forth definitions and the effective date. Authorizes appropriations.
United States · United States Congress · 6 September 1984
Makes supplemental appropriations for FY 1985 to the Department of Agriculture for famine relief. Makes supplemental appropriations for FY 1985 to the Agency for International Development for: (1) agriculture, rural development, and nutrition programs; (2) health programs; (3) energy and development programs to address the longer-term development needs created by refugees and displaced persons in Africa; and (4) international disaster assistance. Requires such funds to be available for obligation and expenditure notwithstanding specified limitations on foreign assistance appropriations.
United States · United States Congress · 31 July 1984
Provides that presidential primaries shall be held only during specified months in the year of the presidential election. Directs the Attorney General of the United States to seek compliance with this Act in Federal district court.
United States · United States Congress · 27 July 1984
Indian Health Care Amendments of 1984 - Amends the Indian Health Care Improvement Act, as amended by the Indian Health Care Amendments of 1980, to authorize specific appropriations for FY 1985-1987. Amends the Public Health Service Act to direct the Secretary of Health and Human Services (the Secretary) to grant Indian Health Scholarships to Indians enrolled full-time in certain schools for health professionals. Prohibits the denial of such scholarships solely on the basis of scholastic achievement if the applicant has been admitted into an accredited health professions institution. Deems service under a contract pursuant to the Indian Self-Determination and Education Assistance Act as meeting the active service requirements of the National Health Service Corps Scholarship program. Authorizes appropriations for FY 1985-1987. Prohibits the payment of health professions preparatory scholarships to Indians who are employed in the Indian Health Service during nonacademic periods of the school year. Authorizes appropriations for FY 1985-1987 for specified health services. Designates such appropriations the Indian Health Care Improvement Fund. Sets allocation guidelines. Requires the Secretary to report to Congress regarding a health services priority system. Establishes an Indian Catastrophic Health Emergency Fund to meet the extraordinary costs of medical disasters or catastrophic illnesses. Authorizes appropriations. Requires the Secretary to report to the Congress regarding the Fund's operation by a certain time. Requires the Secretary to submit to the Congress a health facilities priority system report regarding the construction or renovation needs of the top ten priority inpatient and ambulatory care facilities. Requires the Secretary to notify the Congress one year prior to the planned closure of a health care facility. Directs the Secretary to begin implementing in FY 1985 a ten-year plan to provide safe water supply and sanitary sewage and solid waste disposal facilities to Indian homes and communities. Requires the Secretary to report to the Congress the Service's current Indian sanitation facilities priority system, and the funds needed to raise all communities to a zero level of deficiency. Authorizes specified appropriations to provide sanitation facilities. Authorizes the Secretary to provide financial and technical assistance for the operation and maintenance of sanitation facilities, utility organizations, and emergency repairs of sanitation facilities. Authorizes appropriations for FY 1985-1987. Directs the Secretary to contract with urban Indian organizations to provide health care or referral services programs in urban areas. Details eligibility criteria for such programs. Requires the Secretary to submit to the Congress a report which assesses the health status and unmet health care needs of urban Indians. Authorizes appropriations for FY 1985-1987. Removes the Indian Health Service from the Health Resources and Services Administration and places it in the Public Health Service. Directs the Indian Health Service to submit an annual budget directly to the President. Provides that all funds appropriated for obligation by the Indian Health Service shall be directly received by such Service from the President and the Office of Management and Budget. Authorizes the Secretary to waive certain requirements for competitive procurement of health services if the responsible Chief Medical Officer certifies that such requirements would compromise the quality of health services. Directs the Secretary to establish an Office of Alcohol and Drug Abuse within the Indian Health Service. Authorizes appropriations for FY 1985-1987. Directs the Secretary of Health and Human Services (the Secretary) to coordinate efforts with the Secretary of the Interior and the Secretary of Education to develop programs to combat alcohol and drug abuse among Indian juveniles, including preventive education programs in schools under the aegis of the Bureau of Indian Affairs. Directs the Secretary of Health and Human Services to arrange with the National Academy of Sciences to conduct a study of health hazards faced by Indians and Indian miners exposed to nuclear resource developments on or near Indian communities. Directs the Secretary and the Indian Health Service to develop a health care plan which addresses the results of such study. Directs the Secretary to submit to the Congress both the health hazard study and the ensuing health care plan, within certain times. Authorizes appropriations. Establishes eligibility guidelines for certain California Indians and for certain persons who are otherwise ineligible for medical benefits provided by either the Indian Health Service or by tribes contracting with the Service. Requires the Secretary to: (1) provide a vaccination program to prevent and control hepatitis-B among Alaskan Natives; (2) report to the Congress regarding program details; and (3) recommend steps to control the incidence of hepatitis-B. Designates the State of California as a contract health service delivery area. Lists programs eligible for Indian Health Service funds. Restricts circumstances under which the Secretary may remove a member of the National Health Service Corps who is performing obligated service in a health facility under the aegis of the Indian Health Service. Sets a deadline by which the Secretary must develop and implement a plan to reduce Indian infant and maternal mortality rates to that of the general population.
United States · United States Congress · 26 June 1984
Reaffirms that it is U.S. policy to oppose the practice of torture by foreign governments through the implementation of laws and through public and private diplomacy. Requests the President to: (1) instruct the U.S. representative to the United Nations to continue to raise the issue of torture by such governments; and (2) continue to involve the U.S. Government in the formulation of international standards, particularly the draft Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Requests the Secretary of State to issue specified formal instructions to each U.S. mission chief regarding U.S. policy with respect to such torture. States that the Secretary of Commerce should continue to enforce the current restrictions on the export of crime control equipment pursuant to the Export Administration Act of 1979. Directs the heads of U.S. departments that furnish military and law enforcement training to foreign personnel to include in such training instruction regarding international human rights standards with respect to torture.
United States · United States Congress · 26 June 1984
Expresses the sense of the Congress that the Assembly of El Salvador should extend the deadline for new applications under phase III of the land reform program.
United States · United States Congress · 21 June 1984
Agricultural Trade and Export Policy Commission Act - Amends the Agriculture and Food Act of 1981 to establish a National Commission on Agriculture Trade and Export Policy (Commission) to conduct a study of the agriculture-related trade and export policies and programs of the United States and the international and domestic factors affecting such policies and programs, including U.S. intergovernmental activities that affect the formulation of policies. Requires the Commission to be composed of ex officio congressional members, plus 23 members appointed by the President. Requires the Commission to submit to the President and the Congress: (1) a report containing its initial findings and recommendations by March 31, 1985; (2) additional interim reports on its work as may be requested by the chairmen of specified congressional committees; and (3) a report containing the final results of its study and recommendations by July 1, 1986. Authorizes Federal and public support to the Commission. Exempts the Commission from specified provisions of the Federal Advisory Committee Act and guidelines relating to the performance appraisals of Federal employees. Terminates the Commission 60 days after the transmission of its final report to the President and the Congress.
United States · United States Congress · 20 June 1984
Designates August 1, 1984, as Helsinki Human Rights Day. Authorizes and requests the President to issue a proclamation reasserting the American commitment to full implementation of the human rights and humanitarian provisions of the Helsinki Accords. Requests the President to raise the issue of noncompliance with such provisions with the Soviet Union and Eastern European countries at every available opportunity.
United States · United States Congress · 14 June 1984
Criminal Fine Enforcement Act of 1984 - Amends the Federal criminal code in regard to the collection and payment of fines and penalties. Provides that a judgment may direct imprisonment until a fine or penalty is paid if the court finds that the defendant has the present ability to pay such fine or penalty. States that a judgment imposing the payment of a fine or penalty is a lien in favor of the United States and it applies to all property of the defendant other than property exempt from levy under the Internal Revenue Code. States that payment of a fine is due immediately unless the court requires payment by installment or by any date certain. Allows the Attorney General to make payment due immediately upon the default of any installment payment. Requires the defendant to pay interest at a rate of 1.5 percent per month on any amount of a fine or penalty that is past due (plus an extra 25 percent if the delinquency extends beyond 90 days). Allows the Attorney General and the Director of the Administrative Office of the U.S. Courts to provide by regulation that fines for specified categories of offenses be paid to the clerk of the court. Provides that if the fine is imposed on an organization, payments are authorized from the assets of the organization; but if the fine is imposed on a director, officer, employee, or agent of the organization, payment shall not be authorized from organization assets unless expressly permitted by State law. Requires a defendant to pay a fine made a condition of probation even after the probation's end. Provides penalties for criminal default on a fine. Lists factors that the court must consider in determining whether to impose a fine, including: (1) the ability of the defendant to pay; (2) the burden that payment will impose on the defendant; and (3) any restitution or reparation made by the defendant. States that if a defendant has the obligation to make restitution to a victim of the offense, the court shall impose a fine only to the extent that such fine will not impair the ability of the defendant to make restitution. Increases the maximum fine levels for certain felonies, misdemeanors, and offenses which result in pecuniary gain. Provides a procedure for establishing security if a fine is stayed. Conditions parole upon a diligent effort to pay a fine. Increases the fine for the commission of a misdemeanor to $5,000 for an individual and $10,000 for an organization.
United States · United States Congress · 14 June 1984
Law Enforcement Officers Protection Act of 1984 - Amends the Federal criminal code to define "armor piercing ammunition." Excludes from the definition: (1) shot gun shot required by Federal or State regulations for hunting; (2) frangible projectiles for target shooting; and (3) projectiles that the Secretary of Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor piercing ammunition. Allows for: (1) the manufacture or importation of armor piercing ammunition for the use of the United States or any State or local government; and (2) manufacture for the sole purpose of exportation. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor piercing ammunition. Imposes an additional mandatory sentence of not less than five years for any person who uses or carries a firearm and is in possession of armor piercing ammunition during the commission of a violent felony. Provides that such sentence shall not be suspended nor probation nor parole granted.
United States · United States Congress · 13 June 1984
Amends the Federal criminal code to define "armor piercing ammunition." Excludes from the definition: (1) shot gun shot required by Federal or State regulations for hunting; (2) frangible projectiles for target shooting; and (3) projectiles that the Secretary of Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor piercing ammunition. Allows for: (1) the manufacture or importation of armor piercing ammunition for the use of the United States or any State or local government; and (2) manufacture for the sole purpose of exportation. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor piercing ammunition. Imposes an additional mandatory sentence of not less than five years for any person who uses or carries a firearm and is in possession of armor piercing ammunition during the commission of a violent felony. Provides that such sentence shall not be suspended nor probation nor parole granted.
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