United States · United States Congress · 22 January 1985
Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to require the Administrator of the Office of Juvenile Justice and Delinquency Prevention in the Department of Justice (Administrator) to make grants to States for the purpose of establishing, operating, or expanding Missing Children Information Clearinghouses. Limits the grants to 50 percent of the costs of establishing and operating the Clearinghouse. Requires any State Clearinghouse to: (1) work in conjunction with the National Crime Information Center; (2) educate parents, children, and community agencies; (3) provide public information to assist in locating missing children; (4) publish a directory of organizations that provide assistance in locating missing children; (5) establish an in-State toll-free line for reporting missing children; (6) work with other public and private organizations; and (7) work with the National Center for Missing and Exploited Children. Allows the Administrator to prescribe rules necessary to carry out this Act. Grants the Comptroller General of the United States access to any books, documents, or records of any State receiving assistance for the purpose of audit. Authorizes appropriations.
United States · United States Congress · 22 January 1985
Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies for Veterans Administration (VA) adjudication purposes the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Requires the chairman of the Board of Veterans' Appeals to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees in successful veterans' claims brought before a court as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 22 January 1985
Repeals the requirement added by the Tax Reform Act of 1984 relating to the maintenance of contemporaneous records with respect to: (1) business travel expenses, including automobile expenses; (2) business entertainment expenses; and (3) expenses for gifts.
United States · United States Congress · 22 January 1985
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that disability insurance benefits for an individual having a terminal illness shall begin with the first month such individual has such illness.
United States · United States Congress · 21 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 · 21 January 1985
Amends the Steel Import Stabilization Act to direct the U.S. Trade Representative, in negotiating with Japan and South Korea on steel products import limits, to negotiate the apportionment of the aggregate limit among specified subcategories of steel products. Directs the U.S. Trade Representative to apportion the aggregate limit if such negotiations are not successfully concluded within 30 days of the enactment of this Act. Sets forth such subcategories.
United States · United States Congress · 3 January 1985
Requires the Secretary of the Interior to establish the Jimmy Carter National Historic Site in Georgia. Specifies those properties which the Secretary is authorized to acquire for the establishment of such site. Authorizes appropriations.
United States · United States Congress · 3 January 1985
Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea of guilty that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Provides that no presentence report shall be prepared in such cases. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold, aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act which he reasonably should have known would create grave risk of death to a person and the victim did die as a direct result of the act; or (4) attempted to kill the President of the United States. Sets forth special aggravating factors with respect to the crimes of treason and espionage. Includes among the mitigating factors that the defendant was less than 18 years old at the time of the crime. Conditions imposition of the death penalty on a unanimous finding by the jury that: (1) some aggravating factor exists in addition to a threshold factor; and (2) the aggravating factors sufficiently outweigh any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Allows the death penalty to be imposed for the murder of foreign officials and for an offense of kidnapping resulting in the death of any person. Eliminates the death penalty for the crime of rape. Authorizes the death penalty for the crime of attempting to kill the President of the United States if the attempt results in bodily injury to the President or otherwise comes dangerously close to causing his death. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination.
United States · United States Congress · 3 January 1985
Construction Industry Labor Law Amendments of 1985 - Amends the National Labor Relations Act to provide that in the construction industry two or more business entities engaged in the same or similar work with common ownership or control shall be deemed a single employer. Applies the terms of a collective bargaining agreement regarding employees of such business entities to all other business entities comprising the same single employer within the geographical area covered by the agreement. States that collective bargaining agreements may only be repudiated after the National Labor Relations Board certifies election results in which a majority of the employees select a bargaining representative other than the representative with whom such agreement was made.
United States · United States Congress · 3 January 1985
In-Flight Medical Emergencies Act - Directs the Administrator of the Federal Aviation Administration to issue final rules requiring passenger-carrying aircraft to carry medical supplies and equipment for the treatment of in-flight emergencies. Provides relief from State or Federal civil liability for any licensed medical personnel or air carrier employee who renders emergency medical aid on an airplane or who continues such aid until arrival at a medical facility. Extends such relief to an airplane's crew and owner or operator for providing on-board emergency medical supplies. Makes such relief from liability inapplicable if the actions were done recklessly or with gross negligence.
United States · United States Congress · 3 January 1985
Amends the Internal Revenue Code to repeal rules relating to the determination of the issue price of certain debt instruments issued for property. Amends the Tax Reform Act of 1984 to repeal the revisions made to rules for the imputation of interest on certain deferred payments. Provides that the Internal Revenue Code shall be applied and administered as if such revisions had not been enacted.
United States · United States Congress · 3 January 1985
Amends the Internal Revenue Code to allow an income tax deduction for the home health care and adult day care expenses of a taxpayer who maintains a household which includes a dependent of the taxpayer who suffers from Alzheimer's disease or a related brain disorder. Permits this deduction whether or not the taxpayer itemizes deductions.
United States · United States Congress · 3 January 1985
Amends the Internal Revenue Code to allow the dependent care income tax credit for expenses incurred for the care of dependents incapable of self-care without regard to whether such expenses were incurred to enable the taxpayer to be gainfully employed.
United States · United States Congress · 3 January 1985
Permits members of the clergy and members of the uniformed services to deduct expenses related to tax-exempt housing allowances and subsistence allowances without regard to the operation of Revenue Ruling 83-3.
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
Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to direct the Administrator of the Environmental Protection Agency (EPA), at the request of the Governor of a State affected by the interstate management plan developed under the Chesapeake Bay program, to make a grant to implement management mechanisms in the plan if the State has, within one year after the date of enactment of this Act, approved and committed to implement all or substantially all aspects of the plan. Limits such grants to 55 percent of the plan implementation costs in any year. Requires the Administrator to continue the Chesapeake Bay Program to: (1) continue to assess the relationship between point and nonpoint source pollution and the impact of such pollution on water quality; and (2) do further research on the impact of pollutant loadings on the fisheries resources of the bay, with special attention given to the striped bass. Requires the Administrator to immediately begin to assess the principal factors having an adverse effect on the environmental quality of the Narragansett Bay and to direct the coordinate research and abatement programs that will efficiently address those factors. Authorizes appropriations through FY 1989 for such Chesapeake and Narragansett Bays programs.
United States · United States Congress · 3 January 1985
Statue of Liberty-Ellis Island Commemorative Coin Act - Requires the Secretary of the Treasury to issue a specified number of: (1) five dollar gold coins, emblematic of the centennial of the Statue of Liberty; (2) one dollar silver coins, emblematic of the use of Ellis Island; and (3) half dollar coins, emblematic of the contributions of immigrants to America. Sets forth certain features of such coins; and provides for their sale and issuance. Provides for the distribution and use of such sale funds to the Statue of Liberty-Ellis Island Foundation. Terminates the minting of such coins on December 31, 1986.
United States · United States Congress · 3 January 1985
Port Development Act of 1985 - Authorizes a non-Federal interest to submit a plan and design for a navigation project for a port to the Secretary of the Army (who shall act through the Chief of Engineers). Requires the Secretary, not later than 180 days after receipt of such plan, to transmit to the Congress the results of the review. Provides for: (1) the reimbursement (of the non-Federal interest) for the cost of developing such plan; or (2) crediting such costs to the non-Federal share of a deep-draft port project which is to be built by the Secretary. Authorizes a non-Federal interest to construct any navigation project for a port authorized by this Act or any other Federal law, and to acquire lands as necessary, if: (1) the Secretary approves the project plans; and (2) the non-Federal interest agrees to pay the non-Federal share of the cost of operation and maintenance. Directs the Secretary to regularly monitor and audit the project while under construction, and to reimburse the non-Federal interest for the Federal share of the costs if such project is carried out substantially in accordance with approved plans. Directs the Secretary, on written request from an appropriate non-Federal interest, to initiate procedures to establish a schedule for consolidating Federal, State and local agency environmental assessments and the issuance of construction permits. Includes within such schedule a memorandum of agreement between affected Federal, State, and local agencies which establishes a schedule of compliance for approval of the project and associated permits. Prohibits such schedule from exceeding two and one-half years from the date of agreement. Requires the Secretary, six months before the final date of the schedule, to submit to the appropriate congressional agencies a progress report on the work completed under the agreement. Requires the Secretary to notify the non-Federal interest of the final decision on project approval and related permits not later than the final day of the schedule. Declares that the preceding provisions do not apply to portions of the Saint Lawrence Seaway administered by the Saint Lawrence Seaway Development Corporation. Sets forth the Federal share of specified costs of navigation projects for a port. Requires that the non-Federal share of costs be paid to the Secretary and that construction costs be paid annually. Authorizes the Secretary, on appropriate application, to guarantee the obligation issued by the non-Federal interest under specified circumstances. Sets forth the terms and conditions for such loan guarantees. Establishes the Federal Port Navigation Project Financing Fund, consisting of amounts assessed as guarantee fees. Makes amounts in the Fund available for the payment of loan defaults. Sets forth the authorities of the Secretary in the event of a loan default. Allows any navigation project for a port to be constructed in usable increments. Grants the consent of the Congress to the levy by a non-Federal interest of tonnage duties on vessels entering a deep-draft port to: (1) reimburse the United States for the non-Federal share of, and to finance, construction and operations and maintenance costs; and (2) provide emergency response services. Sets forth restrictions on such levying. Requires the non-Federal interest to maintain appropriate records to enable the Comptroller General to carry out required periodic audits with respect to the levy of tonnage duties. Requires the results of such audits to be reported to the Congress. Grants original and exclusive jurisdiction over matters resulting from the levy of tonnage duties under this Act to the U.S. district court for the district in which the affected non-Federal interest is located. Sets forth procedures for enforcement of the collection of tonnage duties, including withholding clearances and imposing maritime liens. Requires each non-Federal interest to provide the United States the information necessary for military readiness planning and port and national security. Authorizes appropriations for FY 1986 and following fiscal years from the Port Infrastructure Development and Improvement Trust Fund to carry out provisions of this Act. Directs the Administrator of the Environmental Protection Agency, within four years after enactment of this Act, to designate one or more sites for the disposal of dredged material, which without such designation would be disposed of at the Mud Dump near Sandy Hook, New Jersey. Requires the Administrator to make annual reports to specified congressional committees on the status of such designation. Authorizes the Secretary to make grants to a non-Federal interest operating a port project for the provision of emergency response services.
United States · United States Congress · 3 January 1985
Federal Employees Health Benefits Reform Act of 1985 - Increases the amount of the Government's contribution for an employee enrolled in an employee health benefits plan from 60 to 75 percent of the average subscription charge for such plan. Increases the maximum Government contribution for an enrollee from 75 to 100 percent of such subscription charge. Requires payment of a Government differential equal to five percent of the average subscription charge, in addition to the Government's contribution, for any enrollee who is over 65 years of age and not entitled to Medicare benefits. Excludes such differential in determining the amount to be paid by the enrollee. Permits the following persons to elect to continue coverage under a Federal employees' health benefits plan for a specified period: (1) an employee who is involuntarily separated from the civil service due to a reduction in force; (2) an individual who elects to receive the lump-sum credit for civil service retirement benefits; and (3) an individual 22 years of age or older whose enrollment was based on such individual's being an unmarried child who was incapable of self-support because of a mental or physical disability which existed and did not terminate before the individual attained the age of 22. Requires such persons who elect to continue coverage to pay into the Employees Health Benefits Fund an amount equal to the sum of employee and agency contributions paid for the same level of benefits. Allows such a person to: (1) change to a lower level of benefits; (2) change coverage within 60 days after a change in family status; and (3) transfer enrollment to another plan under conditions prescribed by the Office of Personnel Management (OPM). Provides a temporary extension of coverage to allow persons who elected not to continue coverage or whose continued coverage is terminated to convert to a nongroup contract providing health benefits. Allows annuitants whose annuity is less than the amount required to be withheld for enrollment in a health benefits plan to pay the amount of any deficiency required for enrollment. Requires contracts for employee organization plans to require carriers to: (1) reinsure with other participating companies; (2) enter into an agreement approved by OPM with an underwriting subcontractor licensed to issue group health insurance in all States and the District of Columbia; and (3) meet minimum financial standards prescribed by OPM. Requires the service benefit plan and the indemnity benefit plan to provide, in addition to all currently authorized benefits: (1) nervous and mental disorder benefits; (2) alcoholism and substance abuse treatment and rehabilitation benefits; and (3) comprehensive dental benefits. Prohibits the OPM from entering into a contract for any service benefit, indemnity benefit, or employee organization plan which does not provide for 50 outpatient visits and 60 inpatient days of nervous and mental disorder benefits and two 28-day alcoholism treatment and rehabilitation benefits. Requires any limits on nervous and mental disorder benefits to be exceeded on a case by case basis only to the extent that a peer review mechanism determines such treatment to be necessary. Requires 80 percent of such excessive benefit claims to be paid from the balance of one percent of all contributions to the Employees Health Benefits Fund remaining after the expenses of administering provisions governing Federal employees health benefit plans are paid. Prohibits the OPM from entering into a contract with a carrier for any health benefits plan which does not provide 95 percent of the benefits that such plan or the most similar plan provided during the preceding year, unless the carrier and the OPM mutually agree to waive such requirement. Directs the OPM to: (1) provide a three week period during which enrollees in health benefits plans may change or cancel their enrollments before any contract term in which the rates or benefits of a plan will change, a new plan will be offered, or an existing plan will be terminated; and (2) make available to such enrollees information on such plans at least four weeks before such open enrollment period. Prohibits the OPM from entering into a contract for a health benefits plan which excludes anyone because of nonactive employee status. Eliminates the requirement that the group of physicians under a group-practice prepayment plan include physicians representing at least three major medical specialties.
United States · United States Congress · 3 January 1985
Directs the Secretary of Health and Human Services, in consultation with specified agencies, to conduct at least ten demonstration projects to determine the feasibility of providing for alternative Medicare benefits for individuals entitled to Medicare benefits who are diagnosed as suffering from Alzheimer's disease or a related memory disorder. Directs the Secretary, in conducting such projects, to consider: (1) alternative benefits that encompass a range of outpatient services; and (2) providing alternative benefits in a manner that is analogous to the manner in which benefits for hospice care are made available under Medicare. Limits the cost of each such project. Provides for the paying for such projects.
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 · 11 September 1984
Title I: Competitive Shipping and Shipbuilding - Competitive Shipping and Shipbuilding Act of 1984 - Requires that five percent of all bulk cargoes imported into or exported from the United States by water be carried on U.S.-flag ships. Requires yearly one percent increases until the percentage of bulk cargoes carried on U.S.-flag ships reaches 20 percent. Prohibits importers or exporters from avoiding such requirements by the terms of sale of such cargoes. Authorizes the Secretary of Transportation to provide relief from the requirements of this Act upon a finding that U.S.-flag ships are not available within guideline rates. Sets forth factors which the Secretary shall consider in determining the extent of relief granted. Requires the Secretary to establish and publish guideline rates for the carriage of bulk cargoes subject to this Act. Requires the Secretary to assure that such rates take into account certain objectives. Requires the Secretary, in order to establish guideline rates, to estimate the current cost of operating U.S.-flag ships in the foreign bulk trades of the United States and of constructing such ships. Requires such cost estimates to be published within six months after enactment of this Act. Requires such estimates to be revised annually. Requires that such rates: (1) be reviewed and adjusted at least annually; (2) not reflect costs greater than the estimated current costs; and (3) be the maximum rates which may be charged for the charter of U.S.-flag ships for the transportation of bulk cargoes governed by this Act. Requires the Secretary to establish and publish interim guideline rates in the first calendar year following the enactment of this Act. Sets forth factors to be taken into account in determining such rates. Requires importers or exporters to report to the Secretary on the percentages of exports and imports carried on U.S.-flag ships. Requires anyone who fails to transport the required percentage of U.S. bulk cargoes to use exclusively U.S. flag ships until the deficiency has been recouped, unless Secretarial relief has been granted. Establishes civil penalties for violations of this Act. Sets forth procedures for the investigation, prosecution, and judicial review of violations of this Act. Title II: Income Tax Credit for Increased Shipping Costs - United States-Flag Ship Use Incentive Tax Act of 1985 - Amends the Internal Revenue Code to allow a tax credit for 100 percent of the qualified increased shipping costs where importers and exporters use U.S.-flag ships. Provides for carryover of such credit for up to three years.
United States · United States Congress · 10 August 1984
Amends the Internal Revenue Code to exempt from the application of imputed interest rules: (1) the first $250,000 of the sale price of residential property sold by an individual; (2) the first $1,000,000 of the sale price of farm property; and (3) the first $500,000 of the sale price of business, trade, or investment property.
United States · United States Congress · 8 August 1984
Expresses the sense of the Congress that with respect to Norway's request to transfer U.S.-origin F5 aircraft to other countries, the President should not increase the number of aircraft approved for transfer to Turkey as a means of punishing or showing U.S. displeasure with Greece.
United States · United States Congress · 6 August 1984
Fair Reduction-in-Force Practices Act of 1984 - Prohibits any executive agency, the Government Printing Office, or the Library of Congress from conducting a reduction in force unless it cannot respond to the reason for the need for a proposed reduction in force by: (1) instituting general cost-reduction measures; (2) establishing practical programs for eliminating inefficient or wasteful agency practices; (3) transferring funds between agency programs and activities; (4) reassigning employees to other positions within the agency, positions funded by trust or revolving fund accounts, or positions with a State or local government; (5) transferring or detailing employees; or (6) limiting the hours of intermittent employees and reducing the use of temporary employees. Requires an agency head to notify the exclusive representative of any unit having an employee who would be affected by a proposed reduction in force of any determination of a need for a reduction in force. Sets forth procedures governing collective bargaining over a reduction in force. Prohibits an agency from conducting a reduction in force unless: (1) after satisfying the previous requirements of this Act, it submits a report concerning the proposed reduction in force to the Office of Personnel Management (OPM); and (2) OPM certifies on the basis of such report that the requirements of this Act have been met. Requires the report to OPM to: (1) describe the actions to be taken, the reasons the reduction in force is necessary, all alternatives and proposals considered and implemented, and the anticipated impact of the proposed reduction in force on the operations and management of the agency; (2) provide any views and recommendations submitted by employee or management representatives; (3) indicate the estimated total cost to the Government of the proposed reduction in force; and (4) compare the estimated savings, over three years, anticipated through the proposed reduction in force with the estimated savings anticipated through the alternatives and proposals considered and implemented. Requires such reports to be submitted to specified congressional committees and made available to certain subcommittees. Permits an agency to issue notice of a proposed reduction in force to employees no earlier than ten days after OPM certifies that the requirements of this Act have been met. Entitles an affected employee to at least 30 days' advance notice. Requires such notice to specify: (1) the personnel action to be taken and its effective date; (2) the information used in determining the employee's standing in the competition for retention; (3) the place where and time when the employee may inspect records pertaining to his or her case; (4) any exceptions to the general order of release; and (5) the employee's right to appeal to the Merit Systems Protection Board or to use any negotiated grievance procedure available. Directs OPM to establish a Government-wide placement register for each occupational category. Requires the name of each employee specifically notified of a reduction in force to be placed on the register for each occupation for which the employee is qualified. Directs OPM to prescribe regulations prohibiting an agency from filling a vacant position by a new appointment, transfer, reemployment, reassignment, or promotion unless the agency determines that there is no qualified individual on the appropriate register. Directs OPM to match each individual on the register with the available position for which the individual is best suited and, if the individual is qualified for more than one position, with the position which would be the least disruptive for the individual (considering the duties, pay, work schedule, and location of the position). Requires each individual to be offered an appointment to the position to which he or she has been matched unless the agency offering such position objects on the ground that appointment of another person is necessary to prevent substantial disruption to an essential agency function or to increase the percentage of women and minorities in the work force to the percentage as of April 1, 1981. Entitles an individual to remain on appropriate placement registers and to be considered for employment for two years. Requires the individual's name to be removed from such registers if: (1) the individual requests that he or she no longer be considered for employment; (2) the personnel action under the proposed reduction in force does not take effect; (3) the individual accepts an offer of an appointment under this Act; or (4) the individual is offered a position within the same commuting area and with the same pay, grade, and work schedule as the position from which the individual was released. Entitles individuals who have been affected by or notified of a reduction in force since April 1, 1981, to be placed on registers upon application. Requires OPM to prescribe regulations prohibiting an agency from filling a vacant position by new appointment, transfer, reemployment, reassignment, or promotion, even if there is no qualified individual on the retention registers, if there is available a person who, notwithstanding any minimum qualification requirements for the position: (1) receives specific notice of a proposed reduction in force and applies for consideration for vacant positions; (2) meets the educational requirements for the position; and (3) can reasonably be expected to satisfactorily perform the duties of such position within 180 days of appointment (with training, if necessary). Prohibits an agency from evaluating the performance of such an employee before 180 days after the employee is appointed. Allows the agency, after such period, to remove such employee for unacceptable performance. Disqualifies from such assignment program any individual who fails to achieve an acceptable performance rating in two consecutive positions. Permits individuals who have been notified of or affected by a reduction in force since April 1, 1981, to be assigned under such program upon application. Directs OPM to require agencies to transmit, at least monthly, a list of the employees notified of a reduction in force and a list of positions the agency plans to fill during the next six months. Requires OPM to make a list of all such positions available to such employees for inspection. Requires OPM to submit biannual reports to the President and to specified congressional committees on the implementation of the provisions of this Act. Sets forth requirements concerning the contents of such reports.
United States · United States Congress · 26 July 1984
Expresses the sense of the Congress that the President should: (1) consider appointing a high level official as the President's personal representative in seeking a solution to the Cyprus conflict and the differences between Greece and Turkey with regard to the control of the Aegean Sea; (2) call upon Turkey to withdraw its forces and colonists from Cyprus; and (3) pursue every appropriate avenue to seek a prompt resolution.
United States · United States Congress · 25 July 1984
Amends the Internal Revenue Code to repeal rules relating to the determination of the issue price of certain debt instruments issued for property. Amends the Tax Reform Act of 1984 to repeal the revisions made to rules for the imputation of interest on certain deferred payments. Provides that the Internal Revenue Code shall be applied and administered as if such revisions had not been enacted.
United States · United States Congress · 29 June 1984
Requires the Administrators of the Environmental Protection Agency and the National Oceanic and Atmospheric Administration and the Director of the U.S. Fish and Wildlife Service to study the effects of acid rain on the Atlantic striped bass, especially in the Chesapeake Bay and Hudson River regions. Requires the Administrators and the Director to report to Congress on such study within a year of the enactment of this Act.
United States · United States Congress · 27 June 1984
Authorizes the President, on behalf of the Congress, to present a gold medal to the family of Harry Chapin in recognition of Harry Chapin's efforts to address issues of world hunger. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
![Official portrait of Rep. Dyson, Roy [D-MD-1]](https://www.congress.gov/img/member/d000593_200.jpg)