United States · United States Congress · 27 February 1985
Readiness Enhancement of Air Force Reserve Special Operations Act of 1985 - Authorizes appropriations for FY 1986 for the operation and maintenance of: (1) a Special Operations Wing of the Air Force Reserve; and (2) the Directorate of the Department of Defense Task Force on Drug Law Enforcement. Directs the Secretary of Defense, not later than September 30, 1985, to report to specified congressional committees concerning the expenditure of funds authorized by this Act. Outlines information to be included in such report.
United States · United States Congress · 26 February 1985
Expresses the sense of the Congress that: (1) veterans' disability compensation payments should remain exempt from Federal income taxation; and (2) the President should reject any proposals to tax such payments.
United States · United States Congress · 25 February 1985
Authorizes the Armored Force Monument Committee, the United States Armor Association, the World Wars Tank Corps Association, the Veterans of the Battle of the Bulge, the 11th Armored Cavalry Regiment Association, the Tank Destroyer Association, the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, and 16th Armored Division Associations, and the Council of Armored Division Associations to erect a memorial in or near Arlington National Cemetery, Virginia, to honor and commemorate the American Armored Force. Directs the Secretary of the Interior, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, to select the site and approve the design and plans. Obligates the United States to expenses of maintenance only. Requires the commencement of the erection of the memorial within five years with a certification of sufficiency of funds necessary before commencement.
United States · United States Congress · 21 February 1985
High Technology Research and Scientific Education Act of 1985 - Title I: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Title II: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporations R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 20 February 1985
Amends the Clayton Act to temporarily prohibit any person engaged in commerce or in any activity affecting commerce from acquiring control of a domestic petroleum corporation if the corporation disapproves the acquisition. Defines "control" as the acquisition of more than four percent of the stock, share capital, or assets of the corporation. Directs the Secretary of Energy, the Federal Trade Commission, the Securities and Exchange Commission, and the Federal Reserve Board to investigate and report to the Congress on the effects of such prohibited corporate takeovers on domestic petroleum supplies, competition in the marketing of petroleum products, petroleum industry financing methods, and credit markets, respectively.
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
Authorizes the Administrator of Veterans Affairs to provide mortage protection life insurance to certain veterans unable to obtain commercial life insurance at a standard rate because of service-connected disabilities. Establishes guidelines for such insurance regarding: (1) amount of insurance; (2) premium rates; (3) payment of insurance; and (4) policy provisions.
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
Interstate Compact - Grants congressional approval to the Central Interstate Low-Level Radioactive Waste Compact, which provides for cooperation among the States of Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota, and Oklahoma in the management of low-level radioactive waste.
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
Fair Trade in Agriculture Act - Authorizes the Secretary of Agriculture to spend a specified amount of Commodity Credit Corporation funds to subsidize the export sale of domestic agricultural commodities when necessary to reciprocate a foreign government's subsidies of exports of competing commodities.
United States · United States Congress · 6 February 1985
Amends the Clayton Act to temporarily prohibit any person engaged in commerce or in any activity affecting commerce from acquiring control of a domestic petroleum corporation if the corporation disapproves the acquisition. Defines "control" as the acquisition of more than four percent of the stock, share capital, or assets of the corporation. Directs the Secretary of Energy, the Federal Trade Commission, the Securities and Exchange Commission, and the Federal Reserve Board to investigate and report to the Congress on the effects of such prohibited corporate takeovers on domestic petroleum supplies, competition in the marketing of petroleum products, petroleum industry financing methods, and credit markets, respectively.
United States · United States Congress · 6 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. Requires that a hostile stock purchase in a corporate takeover attempt be treated as an asset acquisition by the purchasing corporation. Disallows an income tax deduction for any interest paid or accrued on indebtedness incurred to acquire stock in a corporation pursuant to a hostile offer.
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
Amends the Foreign Assistance Act of 1961 to exempt arrest actions and interrogations in the Bahamas from the ban on participation by U.S. officers and employees in certain foreign drug arrest actions and interrogations.
United States · United States Congress · 4 February 1985
Land Disposal Amendments of 1985 - Amends the Solid Waste Disposal Act to repeal the provisions of the Hazardous and Solid Waste Amendments of 1984 relating to the land disposal of liquid hazardous wastes. Prohibits the land disposal of such wastes after the date of enactment of this Act. Authorizes the Administrator of the Environmental Protection Agency to make grants out of Superfund to the owners and operators of hazardous waste treatment facilities to reimburse them for the difference in costs between treatment facility waste disposal and landfill waste disposal.
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 · 30 January 1985
Amends the Internal Revenue Code to provide that the use of law enforcement, fire protection, and emergency medical vehicles by government employees shall be treated as a nontaxable fringe benefit.
United States · United States Congress · 30 January 1985
Directs the President to: (1) secure from the Indochina nations a full accounting of Americans captured or missing as a result of the Vietnam conflict; and (2) work for the release of captive Americans and the return of the remains of those American servicemen and civilians who died in Southeast Asia. Requires the President to submit two reports to Congress on American POW/MIAs in Southeast Asia.
United States · United States Congress · 24 January 1985
Designates the U.S. Post Office Building, Flushing, New York, as the Benjamin S. Rosenthal Post Office Building. Requires the Postmaster General to install an appropriate plaque indicating such designation.
United States · United States Congress · 24 January 1985
Amusement Parks Safety Act - Amends the Consumer Product Safety Act to give the Consumer Product Safety Commission jurisdiction and inspection authority over fixed site amusement rides and amusement facilities on the same premises which charge an entry fee or its equivalent.
United States · United States Congress · 24 January 1985
Directs the Secretary of Transportation (upon request of a State Governor) to permit maximum State speed limits of 65 miles per hour on rural segments of the Interstate System if the Secretary determines that such an increase is not likely to have a significant adverse effect on highway safety. Requires the Secretary to give interested parties notice and opportunity for comment before making such determination. Prescribes certain factors which must be considered by a State Governor and the Secretary before such a determination is made. Requires the Governor of a State in which a higher speed limit has been permitted to report to the Secretary every five years regarding such factors. Directs the Secretary to withdraw the higher speed limit permission if it is determined that the standards upon which such permission was based are no longer being met. Provides that such withdrawal may only be made: (1) after the Secretary has afforded interested parties notice and opportunity for comment; and (2) after a State has had reasonable time to comply with the standards for increased speed limits.
United States · United States Congress · 24 January 1985
National Commemorative Events Advisory Act - Establishes the President's Advisory Commission on National Commemorative Events to establish criteria for recommending to the President that proposed commemorative events be approved or disapproved.
United States · United States Congress · 24 January 1985
Expresses the sense of the Congress that the President should: (1) ensure that U.S. officials carry out the pledge to resolve the issue of the Americans still missing and unaccounted for in Indochina; (2) work for the immediate release of any Americans still held captive and the return of the remains of those who died in Southeast Asia; and (3) make every effort to secure the further cooperation of Laos and Vietnam in resolving this issue.
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
Fair Voting Hours Act of 1985 - Provides for uniform voting hours (between 8 o'clock a.m., eastern standard time and 11 o'clock p.m., eastern standard time) for presidential general elections beginning in 1988.
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 the Federal criminal code to provide a mandatory life sentence for any person who kidnaps an individual under the age of 18. Imposes the death penalty in any case where such a victim dies as the result of the kidnapping.