United States · United States Congress · 21 February 1985
Consumer Rail Equity Act - Reaffirms the intent of the Congress that the Railroad Revitalization and Regulatory Reform Act of 1976 and the Staggers Rail Act of 1980 be implemented in a manner which provides both greater competitive alternatives and adequate railroad revenues. Directs the Interstate Commerce Commission to consider only transportation of the same commodity from the same origination point to the same destination when it makes a determination regarding the presence of effective competition. Establishes a rebuttable presumption of rail market dominance if a person challenging a transportation rate shows that alternative noncircuitous rail service from the same origination point to the same destination is unavailable. Shifts the burden of proof regarding transportation rate reasonableness from the shipper to the rail carrier establishing the challenged rate. Amends the rate-reasonableness determination process to require the Commission to find unreasonable a challenged transportation rate differential which exceeds the fully allocated cost of transportation unless the excess differential is not greater than an amount calculated according to a specified formula. Declares that it is Federal policy to encourage and promote competitive transportation rates for both domestic energy supplies and domestically produced agricultural commodities in order to enhance such commodities' competitive position in the import and export markets. Directs the Commission to establish a rail cost adjustment factor which includes actual cost experience and changes in railroad productivity, volume, and product mix. Provides that certain rail carrier rates shall be reduced to the extent of any subsequent decreases in rail cost adjustment factors. States that the revenue-variable cost percentages for the transportation of any particular rail carrier shall be determined using the Commission's Rail Form A cost-finding methodology in effect as of February 20, 1985. States that Commission-prescribed rate increases intended to compensate for inflationary cost increases to take into account changes in railroad productivity, volume, output mix, and actual cost experience. Requires the Commission to complete and render final decisions on rail rate proceedings within 12 months after such proceedings have commenced. Includes within the standards used to determine railroad revenue adequacy: (1) identification of revenues, expenses, and investment base reasonably related to rail transportation service; (2) straight-line depreciation of assets reasonably related to rail transportation service, minus deferred tax reserves resulting from accelerated depreciation; and (3) actual cost of debt capital and reasonable estimates of the current cost of equity capital. Requires the Commission, when making revenue adequacy determinations, to consider specified indicators of a rail carrier's financial status, including merger and acquisition actions and the cost of capital used in such actions. Requires the Commission to determine, on an annual basis, which rail carriers are earning adequate or inadequate revenues and to determine for each rail carrier the revenues required to achieve or maintain revenue adequacy. Authorizes (currently, requires) the Commission to exempt persons from application of this Act when: (1) such application is not necessary to implement Federal transportation policy; and (2) the Commission finds there is no market dominance involved in the affected transaction. Requires any rail carrier providing service under certain line rates to participate in competitive joint rail rates through practicable interchange connections (or publish a competitive proportional rate) if requested to do so by a rail carrier (or shipper or receiver) who has an actual or practicable interchange connection. Directs the Commission, upon petition of any interested party, to require certain terminal facilities owned by a rail carrier in interstate or foreign commerce to be used by another rail carrier if the Commission finds: (1) it is in the public interest to do so; and (2) that the owner of such terminal facility will not suffer substantial impairment of its own business interests. Directs the Commission to require, upon petition by an interested party, that rail carriers enter into reciprocal switching agreements if such an agreement is in the public interest or necessary to provide alternative competitive rail service. Directs the Commission to establish reciprocal switching compensation at a level not to exceed the current percentage of the actual variable costs for such service (unless the carrier demonstrates that a higher level is reasonable and necessary). Revises railroad line abandonment procedures to provide that a rail carrier must wait one year before resubmitting a previously denied abandonment application, unless a substantial change in circumstances can be shown. Requires the Commission to hold hearings in communities affected by a proposed railroad line abandonment if requested to do so by community protestants. Requires the Commission to base its abandonment determination upon financial data regarding the facility proposed to be abandoned rather than upon financial data regarding industry-wide averages. Subjects to Commission review any State decision regarding intrastate rates, rules, and practices if a party to such State proceedings petitions for Commission review. Requires the Commission to take action on such petition within 120 days of its receipt. Authorizes the Commission to vacate a State decision found inconsistent with this Act.
United States · United States Congress · 21 February 1985
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to extend permanently the increase in the excise tax on cigarettes. (Present law terminates such increase as of October 1, 1985.)
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
Expresses the sense of the House of Representatives that: (1) the President should express to the Soviet Union U.S. opposition with respect to the harassment and arrests of Hebrew teachers and Jewish activists in the Soviet Union; and (2) the Soviet Union should comply with its commitments under specified international human rights agreements and cease its persecution of individuals on the basis of their Jewish faith.
United States · United States Congress · 21 February 1985
Declares that the House of Representatives: (1) finds that the Job Corps program has been a cost-effective and successful effort to assist disadvantaged young men and women in obtaining and holding employment; (2) reaffirms its commitment to the Job Corps program; and (3) will not make or accept any reduction in the level of funding for the Job Corps program.
United States · United States Congress · 21 February 1985
Declares that it is the sense of the House of Representatives that the President should award the Presidential Medal of Freedom to David Phillip Vetter, of Spring, Texas, to be presented to his family in his memory (as the oldest survivor of congenital severe combined immunodeficiency (SCID)).
United States · United States Congress · 21 February 1985
Expresses the sense of the Congress that: (1) the policy of separate development and the forced relocation of South Africans is inconsistent with American values and internationally recognized human rights principles; (2) U.S. nonrecognition of South African "homeland" independence should continue; (3) travel to the United States should be denied to "homeland" officials who seek to enter this country unless they hold a valid passport recognized by the United States; and (4) the United States should urge that the forced relocation of South Africans be discontinued and that the rights of all South Africans be protected. Requests the President to send a copy of this resolution to Republic of South Africa officials.
United States · United States Congress · 20 February 1985
Indian Juvenile Alcohol and Drug Abuse Prevention Act - Title I: Inter-Departmental Agreement - Directs the Secretary of the Interior and the Secretary of Health and Human Services to agree to coordinate specified efforts of the Bureau of Indian Affairs (Bureau) and the Indian Health Service relating to alcohol and drug abuse programs for Indian youth. Provides for the biannual review of such agreement by the Secretary of the Interior and the Secretary of Health and Human Services. Requires certain officials of the Bureau and the Indian Health Service to agree, upon a tribe's request, to coordinate resources and services related to alcohol and drug abuse with any Indian tribe. Requires the Secretary of the Interior, acting through the Bureau, and the Secretary of Health and Human Services, acting through the Indian Health Service, to bear equal responsibility for the implementation of this Act in cooperation with Indian tribes. 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 and secondary 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 adult education projects which provide alcohol and drug abuse counseling services. Requires Bureau schools and schools operated under the Indian Self-Determination and Education Assistance Act to provide instruction on alcohol and drug abuse to students in kindergarten and grades one through 12. Directs the Secretary of the Interior to: (1) establish summer recreation and counseling programs, coordinated with other similar Indian summer programs, for Indian youth on reservations; (2) require Bureau schools and schools operated under the Indian Self-determination and Education Assistance Act to remain open during the summer months of each year to provide adequate facilities (including use of public and private facilities) for such programs; and (3) provide, as needed, salaried coordinators for such programs. Requires the Secretary of the Interior to publish, on a quarterly basis, an alcohol and drug abuse newsletter and to circulate it to specified Government agencies that provide such alcohol and drug abuse-related services to Indian people. Title III: Family and Social Services - Requires any training program for community health representatives funded under the Bureau to include not less than two weeks of training on the problems of alcohol and drug abuse, including instruction in crisis intervention, family relations, and the causes and effects of fetal alcohol syndrome. Requires the Director of the Indian Health Service to provide training in alcohol and drug abuse to specified schools, Indian Health Service personnel, and others. Provides for the certification, by the Secretary of Health and Human Services, of any person who completes such training for purposes of obtaining academic credit or certification at any post-secondary school. Title IV: Law Enforcement - Requires the Director of the Bureau to provide education on alcohol and drug abuse among Indian youth to Bureau law enforcement personnel. Provides for the detention, in lieu of incarceration, of Indian juveniles in temporary emergency shelters (Indian households) if their offenses are related to the use or possession of drugs or alcohol. Directs the Secretary of the Interior to promulgate, in consultation with the U.S. Attorney General, guidelines under which a law enforcement officer may place an Indian youth arrested for drug or alcohol abuse in a facility other than an emergency shelter. Provides that in instances where a State exercises criminal jurisdiction over any part of Indian country that such State is urged to require its law enforcement officers to place any Indian juvenile arrested for alcohol or drug abuse-related offenses in a temporary emergency shelter (Indian household) or community-based alcohol or drug abuse treatment facility in lieu of incarceration. Provides for the compensation and licensing of Indian households that are used as emergency shelters. Title V: Juvenile Alcohol and Drug Abuse Treatment and Rehabilitation - Requires the Director of the Indian Health Service to conduct a study to determine: (1) the size of the Indian population in need of residential alcohol and drug abuse treatment; (2) where facilities to provide such treatment are or should be located; and (3) the cost of providing such treatment. Requires the Director of the Indian Health Service to provide alcohol and drug abuse treatment services, including detoxification and counseling services, and follow-up care in Indian Health Service facilities and in facilities operated under the Indian Self-Determination and Education Assistance Act to Indian juveniles and adults. Requires the Director to report to the Congress on the progress of such treatment to Indian juveniles and adults. Directs the Secretary of Health and Human Services, in consultation with the Indian Health Service and the Bureau of Indian Affairs, to identify and utilize federally owned structures for use as residential alcohol and drug abuse treatment centers for Indian juveniles. Title VI: Definitions, Effective Date, and Authorization of Appropriations - Sets forth definitions and the effective date. Authorizes appropriations.
United States · United States Congress · 20 February 1985
Philippine Scouts Pay Equity Act - Directs the Secretary of the Army to compensate members of the Philippine Scouts during World War II for the differential in basic pay between such scouts and other members of the U.S. Army in corresponding grades and lengths of service. Directs the Secretary to equalize military pensions as well.
United States · United States Congress · 19 February 1985
Railroad Antimonopoly Act of 1985 - Amends the Sherman Act to prohibit any owner rail carrier from monopolizing a route by denying any shipper or other rail carrier the use, on reasonable terms, of a facility which is the sole facility over which bulk commodities must be moved to connect with the track of a competing rail carrier or to reach the destination of shipment. Bars any rate restriction under this Act if the owner rail carrier permits a competing carrier to use such sole facility. Specifies procedures for determining rates for the use of a sole facility if there is no competition. Prohibits an owner rail carrier from conditioning the use of a sole facility upon use of other facilities. Permits a shipper to elect to connect with a water carrier instead of, or in addition to, a competing rail carrier at the first connection point; provided that the cost of connecting with the water carrier is no greater than the cost of connecting with the competing rail carrier, or the owner rail carrier is reimbursed for the difference in cost. Entitles any person injured by a violation of this Act to bring an action to recover damages and to seek injunctive relief as provided under the Clayton Act.
United States · United States Congress · 19 February 1985
Prohibits a Federal agency from procuring by contract any services performed by Federal employees in the competitive service positions of guards, elevator operators, messengers, and custodians if such procurement would: (1) cause the involuntary separation of a preference eligible from any such position; or (2) preclude the performance of any such service by a qualified preference eligible. Provides that neither an involuntary reassignment within the same agency nor an involuntary transfer to another agency shall be considered to be an involuntary separation if such reassignment or transfer is to a vacant position which is the same type, at the same or higher pay, within the same commuting area, and for which the preference eligible is qualified. Allows the procurement of such services by contract: (1) when qualified preference eligibles are not available; and (2) for positions held by employees other than preference eligibles. Requires that any such procurement be conducted in accordance with applicable Federal procurement laws, including specified provisions requiring certain procurements of services from qualified nonprofit agencies for the blind and for other severely handicapped.
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 · 19 February 1985
Amends the Internal Revenue Code to impose a 50 percent excise tax on any "greenmail profits" paid to certain corporate stockholders. Defines "greenmail profits" as any gain realized by a four-percent shareholder of any stock in a corporation if: (1) the shareholder held such stock for a period of less than two years; and (2) during the two-year period ending on the date of the sale or exchange of such stock there was a public tender offer for such stock or a four-percent shareholder submitted a written proposal for a public tender offer. Disallows an income tax deduction for certain interest paid or accrued with respect to hostile acquisition indebtedness. Defines "hostile acquisition indebtedness" as certain subordinate obligations issued after February 18, 1985, in connection with a hostile acquisition.
United States · United States Congress · 7 February 1985
Nuclear Powerplant Standardization Act of 1985 - Title I: Licensing and Regulatory Process - Amends the Atomic Energy Act of 1954 to require the Nuclear Regulatory Commission to establish procedures, standards, and criteria permitting the approval of standardized ten-year facility designs. Declares that a design approval shall be considered to be a license for the purpose of such Act. Requires the Commission to establish procedures for an additional ten-year renewal of such a design approval. Requires the Commission to establish procedures, standards, and criteria permitting the approval of a site or sites for one or more utilization or production facilities for industrial or commercial purposes for a period of ten years. Authorizes the Commission, after a determination that a proposed site is suitable, to issue a permit which shall be considered to be a license. Requires the Commission to establish procedures for a ten-year renewal of site permits. Requires that before issuance of construction and operating licenses: (1) an opportunity be provided for public hearings; and (2) the applicant establish competency to construct and operate the facility in conformity with the application. Requires the holder of a license to notify the Commission of the proposed date of initial operation at least nine months before commencement. Directs the Commission to adopt regulations establishing criteria to govern all modifications of Commission regulatory requirements. Declares that the Commission, in making any determination under this Act, need not consider or reconsider any issue that has been resolved in any other proceeding under this Act, in the absence of significant new information substantially affecting the conclusions reached in the other proceeding. Title II: Technical and Conforming Amendments - Amends the Atomic Energy Act of 1954 to conform to the provisions of this Act.
United States · United States Congress · 7 February 1985
Summer Youth Employment, Training, and Education Act of 1985 - Amends the Job Training Partnership Act (JTPA) to require the addition of an education component to the summer youth employment and training programs under part B of title II (Training Services for the Disadvantaged) of JTPA. Requires that each service delivery area (SDA) be allotted an amount equal to at least 90 percent of the amount available to such area for the summer youth program in the preceding fiscal year. Requires ratable reductions in the allocation to each SDA if appropriations are not sufficient to provide such amount to each SDA. Requires that allotments to States and allocations to SDAs be: (1) made in accordance with provisions for prompt allocation of funds; and (2) available for planning purposes before the beginning of the summer months for which allotted and allocated. Requires that summer youth program funds be used so that participants spend a portion of their time on individualized, self-paced, remedial and basic academic and functional competency development and achieve specified types of performance standards established and developed in each SDA. Requires that the portion of a participant's time spent on such competency development be in addition to, and not in place of, regular employment under the summer youth program. Prohibits summer youth program funds from being used to provide employment to any individual who fails to comply with attendance standards established by the SDA with respect to such education components. Prohibits summer youth program funds from being used to compensate or reward participants for attendance at such education components, except under specified provisions which require that a portion of matching funds be used to provide bonuses to participants for achievement of academic and functional competence. Specifies that planning for summer youth programs does not have to be conducted during the summer months. Sets forth matching fund requirements for summer youth programs. Requires each private industry council (PIC), for each program year beginning after June 30, 1987, to make available from non-Federal sources an amount for use in such programs equal to at least one and one-half percent of the amount made available under JTPA for such programs in that SDA for the applicable program year. Allows each PIC, for program years beginning July 1, 1985, and July 1, 1986, to make available such matching amounts. Limits, for any program year beginning after June 30, 1987, such matching amounts to not less than $20,000 and not more than $100,000 per SDA. Requires each PIC to notify the State of the PIC's matching amount by April 1 of the preceding program year. Requires each State, for program years beginning after June 30, 1987, to provide to each PIC an amount equal to the PIC matching amount. Allows States to provide such State matching amount from non-Federal sources or to use funds available to them under part A (Adult and Youth Programs) of title II of JTPA and under chapter 2 (Consolidation of Federal Programs for Elementary and Secondary Education) of the Educational Consolidation and Improvement Act of 1981. Requires each State, for program years beginning July 1, 1985, and July 1, 1986, to reserve one and one-half percent of its State allotment under part A, to be allocated to PICs in proportion to the matching amounts made available by such PICs for such program years. Requires that such matching amounts be used to: (1) support the education and training components of the summer youth programs; (2) provide bonuses to participants for achievement of academic and functional competence; and (3) after complying with (1) and (2), create additional employment opportunities under the summer youth programs. Allows matching amounts to be in cash or in-kind, but requires that in-kind matching amounts be in the form of state-of-the-art basic and remedial education materials and equipment suitable for use for summer youth programs for the applicable program year. Requires each SDA to maintain complete records on the improvements in academic and functional competency attained by participants in the summer youth programs. Requires that such records be compiled by reference to State and locally determined general education diploma and basic education competency requirements. Requires each SDA to submit summaries of such records to the State. Requires States to submit annual reports on such summaries to the Secretary of Labor. Directs the Secretary to include an analysis of such reports in the Secretary's annual report to the Congress on employment and training programs. Provides that a specified portion of the State allotment under JTPA which is currently available for State education programs shall also be available to carry out matching requirements for summer youth programs.
United States · United States Congress · 7 February 1985
Economic Conversion Act - Title I: Prenotification of Base Closures and Defense-Related Contract Cancellations - Directs the Secretary of Defense, through the Economic Adjustment Committee, to notify State and local governments and regional organizations within a specified period of time of a proposed realignment or closure of a military installation or of the cancellation or termination of a defense contract or failure to proceed with an approved major weapon system program. Title II: Economic Conversion Pilot Program - Authorizes the Secretary to make grants for job retraining programs and planning for alternative production required by cancellation of defense contracts during FY 1986 through 1990. Permits one grant for each defense contract cancellation or reduction. Requires the administration of such grants at the local level by a capable unit of general local government or, through default, by the collective bargaining agents of affected employees. Directs the Secretary to make weekly assistance payments to such employees affected by a cancellation or reduction of a contract valued at $10,000,000 or more during FY 1986 through 1990. Sets forth a formula for determining the amount of such assistance, making allowances for unemployment compensation or public assistance received and health insurance coverage needed. Sets forth assistance application procedures and notification requirements. Makes available for such grants the amount of previously appropriated funds which the United States will save as a result of the cancellation or reduction of a defense contract.
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
Authorizes the Black Revolutionary War Patriots Foundation to establish a memorial on Federal land in the District of Columbia to honor the courageous slaves and free black persons who gave of themselves during the American Revolution. Directs the Secretary of the Interior, with the approval of the Commission of Fine Arts and the National Capital Planning Commission, to select the site, approve the design and plans, and provide for maintenance. Prohibits the use of any Federal funds for the memorial's construction. Terminates the Foundation's authority to establish such memorial within five years from the enactment of this Act.
United States · United States Congress · 6 February 1985
Authorizes the Attorney General to make contracts retaining private counsel to furnish legal services in the case of any claim of indebtedness owed the United States. Requires the Attorney General, in making such a contract in any judicial district, to use his best efforts to obtain at least four contracts for legal services with private individuals or firms in such district. Prohibits the fee payable for such legal services from exceeding the fee typically charged in the area for the collection of claims of indebtedness. Permits the head of an executive or legislative agency to refer to a private counsel so retained any claims of indebtedness owed the United States arising out of such agency's activities. Declares that for the purposes of the Fair Debt Collection Practices Act, a private counsel performing collection services under this Act shall be considered a debt collector. Sets forth the procedure for filing counterclaims. Requires the Attorney General to transmit to the Congress an annual report on the activities of the Department of Justice to recover such indebtedness. Requires the Comptroller General to carry out an annual audit of the actions taken by the Attorney General pursuant to this Act during the preceding two years. Requires the Comptroller General to determine the extent to which there is competition among private counsel to obtain contracts pursuant to this Act, the reasonableness of the fees provided in such contracts, and the results of the debt collection efforts. Requires a report to the Congress on the findings and conclusions resulting from such audit. Requires the Attorney General to transmit to the Congress a report on the actions taken under this Act within 180 days after the date of enactment.
United States · United States Congress · 6 February 1985
Amends the Internal Revenue Code to extend the targeted jobs income tax credit from 1985 to 1990. Increases the amount of wages which may be taken into account for such credit from $6,000 to $10,000 per year. Revises the definition of "members of economically disadvantaged families" to increase from 70 percent to 80 percent of the Bureau of Labor Statistics' lower living standard the amount of income a family may have in order to qualify as a member of a targeted group.
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
Requires that funds be made available from appropriations under the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1985 to enable the National Institutes of Health to award 6,500 new and competing research grants in FY 1985.
United States · United States Congress · 4 February 1985
Makes certain employees in the excepted service (civilian positions in the executive branch specifically excepted from civil service requirements) subject to adverse personnel action provisions respecting removal, suspension for more than 14 days, reduction in grade or pay, or furlough for 30 days or less.
United States · United States Congress · 31 January 1985
Establishes a presumption of service-connection for disability purposes for former prisoners of war suffering from the following conditions, manifest to a degree of ten percent or more after active service: (1) chronic liver disease; (2) organic residuals of hypothermia; (3) gastro-intestinal disorders; (4) arthritis; (5) cardiovascular conditions; (6) peripheral neuropathy; (7) immunological dysfunctions; or (8) chronic pulmonary disease. Decreases from six months to 30 days the amount of time a former prisoner of war must have been incarcerated to be eligible for outpatient dental services.
United States · United States Congress · 31 January 1985
Secondary School Basic Skills Act - Establishes a program of grants to local educational agencies (LEAs) having especially high concentrations of children from low-income families to enable such agencies to provide more effective instruction in basic skills for economically disadvantaged secondary school students. Defines "basic skills" (to include reading, communications, writing, and mathematics proficiency, as well as problem-solving comprehension, and reasoning.) Authorizes appropriations for FY 1986 through 1991. Makes certain amounts of such appropriations available for specified activities and types of grants under this Act. Makes a secondary school eligible to receive assistance under this Act for program grants only if 20 percent or more of children aged 12 to 17, inclusive, who are enrolled in such school: (1) are counted under LEA basic grant provisions of the Elementary and Secondary Education Act of 1965 (ESEA), as modified by the Education Consolidation and Improvement Act of 1981 (ECIA); or (2) qualify for a free school lunch under the National School Lunch Act of 1946. Requires that funds made available under this Act for program grants be used to develop new approaches to and carry out educational services and activities designed specifically to raise the basic skills of low-achieving disadvantaged children. Authorizes the Secretary of Education, from specified funds appropriated for program grants for FY 1985 through 1990, to make grants to enable eligible secondary schools to develop, implement, and carry out new approaches to achieving improved basic skills instruction of low-achieving economically disadvantaged secondary school students. Requires that the grant application be made on behalf of the eligible secondary school by: (1) the LEA; or (2) an institution of higher education, public agency, or private nonprofit organization if such entity will provide educational services or conduct educational activities subject to the proposal. Requires applicants to assure their participation in a national evaluation. Requires that administrators, teachers, and parents in the eligible school participate in the preparation of the proposal. Requires that the appropriate State educational agency (SEA) be provided on opportunity to review and comment on the application before submittal to the Secretary. Directs the Secretary to assure that: (1) eligible applicants represent various geographic regions of the country, including both rural and urban secondary schools within those various geographic regions; and (2) at least one demonstration grant is made in each State in each fiscal year, unless no applications are received from a State. Requires each LEA which desires to receive program grants under this Act to file with the Secretary an application containing specified assurances. Allows any eligible applicant organization to apply for a five-year grant, subject to specified restrictions, on behalf of an eligible secondary school. Sets forth requirements for such applications. Requires consultation with parents and teachers of low-achieving economically disadvantaged secondary school students in program design and implementation. Directs the Secretary, through the National Institute of Education (NIE), to annually conduct a national evaluation of the effectiveness and the implementation of program grants. Requires that such assessment results be submitted to Congress and disseminated to SEAs, LEAs, State legislatures, and Governors. Directs the Secretary, through NIE, to monitor grants and coordinate activities under this Act with other research activities conducted by NIE and through the Office of Educational Research and Improvement. Directs NIE, once program grants are awarded, to provide eligible recipients with technical assistance. Prohibits the Secretary from disapproving an LEA application without affording notice and opportunity for a hearing. Directs the Secretary to make payments as expeditiously as possible after approval of applications. Prohibits any grant from being made with respect to any eligible secondary school for more than two fiscal years unless there is: (1) an improved performance of the targeted secondary school students at the school on a nationally normed basic skills test; or (2) a decrease in the dropout rate at the school. Directs the Secretary to prescribe regulations relating to such requirement. Authorizes the Secretary to grant a waiver of such requirement for one additional academic year of programming if external conditions warrant.
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
Nuclear Explosives Control Act of 1985 - Amends the Nuclear Non-Proliferation Act of 1978 to prohibit the export of any major critical component for, and of any sensitive nuclear technology important to, the enrichment of uranium or other isotopic separation of special nuclear material, nuclear fuel reprocessing, or heavy water production, except under certain international cooperation agreements. Amends the Atomic Energy Act of 1954 to authorize the Secretary of Energy to approve, under an international agreement, the reprocessing, or the use or retransfer of any plutonium resulting from such reprocessing, of any special nuclear material exported from the United States or produced through the use of U.S. exported equipment, materials, or technology, only if: (1) the end use of the reprocessed or retransferred material involves research, development, or demonstration in a facility that is currently operating or that is under construction and is located in a nuclear weapon state or a state which abides by International Atomic Energy Agency (IAEA) safeguards; (2) there are no already existing stocks of separated plutonium reasonably available for the end use requested; (3) in the case of requests for reprocessing, the reprocessing will take place in a facility described in clause (1); and (4) adequate security measures will be maintained. Requires such conditions to continue in effect until the Congress enacts a joint resolution declaring that: (1) effective international safeguards that detect diversions will be applied; and (2) effective international sanctions against violations of nonproliferation commitments have been established to deter diversions. Authorizes the Nuclear Regulatory Commission (NRC) to issue export licenses for highly enriched uranium for nuclear reactors only if: (1) there is no alternative nuclear reactor fuel available; (2) the proposed recipient of the uranium has indicated that it will use an alternative nuclear reactor fuel when one becomes available; and (3) the executive branch is developing an alternative nuclear reactor fuel. Requires the NRC to determine a kilogram limit on the amount of highly enriched uranium of U.S. origin that will be allowed at any one time in each foreign country and at each reactor site in each such country. Directs the President to submit to the Congress within three months of enactment of this Act a plan for the development and use of alternative nuclear reactor fuels for all reactors which are operated with highly enriched uranium exported from the United States. Prohibits the Secretary of Energy from entering into a subsequent arrangement for the retransfer for reprocessing of any special nuclear material exported by the United States or produced through U.S. exports or for the subsequent retransfer of any large amount of plutonium resulting from the reprocessing of such material unless the nation requesting such arrangement agrees that: (1) it will not, without prior U.S. approval, substitute any special nuclear material which is not subject to the Atomic Energy Act of 1954 for any such material subject to the subsequent arrangement; and (2) if such substitution is approved by the United States, the substituted special nuclear material shall be subject to the same requirements as the other material. Amends the Nuclear Non-Proliferation Act of 1978 to require the Secretary of State to enter into international agreements under which the non-U.S. party agrees not to obtain or use any facility for nuclear fuel reprocessing or uranium enrichment and not to seek access to or use separated plutonium or plutonium based fuels and the United States agrees to: (1) provide assured enrichment services at a discount; (2) provide an additional discount to any nation for the enrichment of uranium which such nation agrees to use in improved power reactor fuel; (3) authorize the export of a lifetime supply of low-enriched fuel under a single export license covering all power reactors in such nation subject to specified conditions; and (4) enter into a technical cooperation and assistance program. Directs the Secretary of Energy to submit to the Congress, within three months of enactment of this Act, a plan to implement such fuel assurance and energy assistance program. Authorizes appropriations for such plan development and program. Authorizes appropriations for providing technical assistance to nonnuclear-weapon states in spent fuel storage and disposal pursuant to the Nuclear Waste Policy Act of 1982. Amends the Nuclear Non-Proliferation Act of 1978 to authorize appropriations for energy assistance to developing countries. Directs the NRC and the executive branch to support efforts to improve physical security arrangements for nuclear exports. Authorizes appropriations for such efforts. Directs the President to include in the annual report to Congress on nuclear nonproliferation a description of the progress made in negotiating fuel assurance and technical assistance agreements. Amends the Atomic Energy Act of 1954 to prohibit any person from engaging in the production of special nuclear material unless: (1) there is an agreement for cooperation with the applicable country; and (2) authorized by the Secretary of Energy. Requires such authorization to be published in the Federal Register. Requires information on such authorizations to be included in the President's annual report to Congress on nonproliferation pursuant to the Nuclear Non-Proliferation Act of 1978. Makes authorizations for the production of special nuclear material outside the United States effective with respect to a non-nuclear-weapon state only if the Secretary of Energy determines that such state adheres to the criteria governing U.S. nuclear exports for peaceful uses. Requires the Secretary of Energy to publish and submit to the President any recommendation for such an authorization with respect to a non-nuclear-weapon state which does not adhere to such criteria. Authorizes the Secretary of State and the Secretary of Energy to submit to the President a proposed agreement for nuclear cooperation only if the Secretary of Defense has found that the proposed agreement will not be inimical to U.S. security. Authorizes the Secretary of State to notify the NRC of the judgment of the executive branch with respect to an export license for nuclear material only if the Secretary of Defense agrees with the proposed executive branch judgment. Authorizes the Secretary of Energy to enter into a proposed subsequent arrangement only if the Secretary of Defense: (1) finds that such arrangement will not be inimical to U.S. security; and (2) with respect to reprocessing arrangements, finds that the proposed reprocessing or retransfer will not result in a significant increase of the risk of proliferation. Prohibits the Secretary of Commerce from issuing an export license for the export to a nonnuclear-weapon state of goods or technology which will be used in a nuclear production or utilization facility or which are likely to be used in the design, construction, operation, or maintenance of such a facility unless the Secretary of Energy makes a specified determination. Changes the criteria for permitting the export of certain components for nuclear facilities. Permits such exports if the NRC finds that the issuance of an appropriate export license will not endanger national security and the NRC issues such an export license after finding that the nations to which such components will be exported: (1) has an agreement for cooperation with the United States; (2) adheres to certain IAEA safeguards; and (3) adheres to specified criteria governing U.S. nuclear exports. Prohibits the transfer or retransfer of any source or special nuclear material, any production or utilization facility or related technology, any sensitive nuclear technology, or any component, item, or substance determined to have significance for nuclear explosive purposes unless authorized under an agreement for cooperation. Requires such activities to be considered exports for purposes of licensing requirements and procedures. Adds prohibitions against the issuance of an export license for the export of goods or technology related to a nuclear production or utilization facility and against the authorization of otherwise prohibited nuclear exports with respect to nations that engage in specified conduct. Changes the method by which the Congress may disapprove a presidential waiver of such prohibition.
United States · United States Congress · 31 January 1985
Provides for a 15-year delimiting period for a veteran to complete a program of education. Extends through 1989 the delimiting period for veterans no longer eligible for such assistance solely because of the current ten-year delimiting period.
United States · United States Congress · 30 January 1985
Title I: General Accounting Office Investigation and Report - Directs the General Accounting Office to investigate the situation of displaced nationals of El Salvador, including determinations of those Salvadorans in Central America, unlawfully in the United States, or returned from the United States to El Salvador. Requires a report to the Congress. Title II: Congressional Review - Provides that such report shall be referred to the appropriate committees for hearings and committee reports. Title III: Temporary Stay of Deportation - Provides for a temporary stay of detention and deportation for specified Salvadorans presently in the United States.
![Official portrait of Rep. Bustamante, Albert G. [D-TX-23]](https://www.congress.gov/img/member/b001172_200.jpg)