United States · United States Congress · 6 February 1985
Coal Export Enhancement Act of 1985 - Directs the Secretary of Commerce to establish, within 90 days of enactment of this Act, a Federal Coal Export Commission which shall meet at least four times a year for consultation on activities leading to increased cooperation among entities involved in U.S. coal exports, with the goal of expanding the U.S. share of the international coal market. Requires the Commission to examine the potential for small- and medium-sized coal companies to enter the export coal trade through export trading companies. Requires the Commission to submit its report to the President and the Congress within two years of its first meeting. Terminates the Commission upon submission of its report.
United States · United States Congress · 6 February 1985
Designates May 7, 1985, as Helsinki Human Rights Day. Requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with the U.S.S.R. and the Warsaw Pact nations; and (3) convey to U.S. allies the necessity of unity on these points.
United States · United States Congress · 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 · 6 February 1985
States that the Congress supports the restoration of democratic institutions and human rights in Chile. Calls upon Chile to negotiate with the democratic opposition. Provides that until Chile returns to democracy: (1) U.S. military and economic assistance to Chile should be denied and all joint military activities ceased; (2) the Overseas Private Investment Corporation should not issue additional investment insurance to Chile; and (3) the United States should oppose all loans and grants to Chile by certain international financial institutions unless such assistance is directed to programs which serve the needs of the people.
United States · United States Congress · 4 February 1985
Adolescent Pregnancy and Parenthood Act of 1984 - Amends title XX (Adolescent Family Life Demonstration Projects) of the Public Health Service Act to authorize grants and projects for: (1) prenatal and postpartum care; (2) well-child infant care; (3) comprehensive family planning services to prevent unintended repeat pregnancies; and (4) educational, vocational, and other counseling services. Gives priority to under-18 year olds where the incidence of adolescent child bearing is high, where the proportion of low income and minority families is high, and where such services are most needed. Stresses the role of voluntary family support. States that services provided under this Act shall be voluntary. Directs the Secretary of Health and Human Services to: (1) establish a program data reporting system; and (2) report annually to Congress. Authorizes FY 1986 through 1988 appropriations.
United States · United States Congress · 4 February 1985
Amends the Department of Defense Authorization Act, 1985 to repeal the spending limitation for contracted consultant and related services within the Department of Defense. Requires the Secretary of Defense to establish and report to the Congress concerning a procedure for the identification and control of costs of such services.
United States · United States Congress · 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
Amends the Civil Rights Attorneys Fees Awards Act to prohibit the award of attorneys' fees against judges or other judicial officers as a result of actions arising out of acts done or omitted in the performance of the duties of their office.
United States · United States Congress · 31 January 1985
Amends the Federal Supplemental Compensation Act of 1982 to extend the Federal supplemental unemployment compensation program for an additional 18 months, through September 28, 1986.
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 · 30 January 1985
Truth in Mileage Act of 1985 - Amends the Motor Vehicle Information and Cost Savings Act to prohibit the registration or licensing of motor vehicles when the ownership is transferred in interstate commerce unless: (1) the application for a new certificate of title is accompanied by the prior owner's most recent registration card and title; and (2) the new certificate of title is printed in a specified manner and indicates the odometer mileage. Provides that each State shall require a motor vehicle to furnish the transferee with the transferor's registration card. Prohibits State issuance of a registration card for a motor vehicle used in interstate commerce unless the application contains the mileage of the motor vehicle on the application date. Authorizes States to submit alternative mileage disclosure requirements for the approval of the Secretary of Transportation. Provides that auction companies selling motor vehicles must maintain records showing: (1) the name of the most recent owner; (2) vehicle identification number; and (3) the odometer reading on the date the auction company took possession of the vehicle. Increases the civil penalty for violations of the odometer requirements from $1000 to $2000, and increases the criminal penalty for such violations from one to three years maximum imprisonment.
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.
United States · United States Congress · 30 January 1985
Fair Tax Act of 1985 - Title I: Reduction of Individual and Corporate Tax Rates - Subtitle A: Reduction of Rates - Amends the Internal Revenue Code to revise individual tax rates. Imposes a flat tax rate of 14 percent on the taxable income of individuals. Imposes a surtax of 12 and 16 percent of the amount by which adjusted gross income exceeds specified levels. Imposes a flat tax rate of 30 percent on the taxable income of estates and trusts. Imposes a flat tax rate of 30 percent on the taxable income of corporations. Subtitle B: Increase in Personal Exemption for Taxpayer and Standard Deduction - Increases the personal exemption to $1,600 for an individual taxpayer and spouse and to $1,800 for an individual who is a head of a household. Raises the standard deduction to $6,000 in the case of a joint return or a surviving spouse or $3,000 in the case of an individual or a married individual filing a separate return. Subtitle C: Repeals Related to Reduction in Rates - Repeals provisions relating to: (1) tax tables for individuals; (2) minimum tax for tax preferences; (3) personal service corporations; (4) special averaging rules for lump-sum distributions; (5) accumulated corporate surplus; (6) personal holding companies; (7) income averaging; and (8) graduated corporate tax rates. Repeals the indexing of tax rates. Applies the trust throwback rules only to amounts distributed from foreign trusts. Title II: Base Broadening-Subtitle A: Credits - Repeals the general tax credit, the investment tax credit, the possessions tax credit and the income tax credits relating to: (1) the elderly and the permanently and totally disabled; (2) contributions to candidates for public office; (3) home purchases; (4) residential energy conservation; (5) producing fuel from a nonconventional source; (6) alcohol used as fuel; (7) increasing research activities; (8) employee stock ownership; and (9) clinical testing for certain drugs. Allows an income tax deduction for household and dependent care expenses necessary for employment. (Present law allows an income tax credit for such expenses.) Subtitle B: Exclusions - Repeals the partial income tax exclusion for interest and dividends. Repeals the exclusion for: (1) qualified transportation furnished by an employer; (2) cafeteria plans furnished by an employer; (3) dependent care assistance programs; (4) dividend reinvestment in public utilities; (5) payments to encourage mining for defenses purposes; (6) earned income of citizens living abroad; (7) certain allowances; (8) income earned from sources within possessions of the United States; and (9) income earned from sources within Puerto Rico. Treats as taxable income: (1) amounts paid by an employer for group-term life insurance; (2) unemployment compensation; (3) the annual increase in the cash surrender value of life insurance policies; (4) interest on industrial development bonds and mortgage subsidy bonds; and (5) amounts contributed by an employer to accident and health plans. Provides a limited exclusion from income for scholarships and fellowships. Imposes the surtax on the gain from the sale of a principal residence. Amends the Merchant Marine Act to repeal the tax exemption for deposits into, and withdrawals from, a capital construction fund. Subtitle C: Deductions - Repeals the deduction for two-earner married couples and the deduction for adoption expenses. Limits the amount of the interest deduction for individuals. Repeals the deduction for State and local personal property and sales taxes. Restricts the charitable contribution for corporations to 50 percent of the charitable contributions made during the year. Increases the floor on the deduction for medical and dental expenses from five percent to ten percent. Subtitle D: Repeal of Special Capital Gains Treatment - Repeals the alternative tax on capital gains for corporations and the deduction for individuals for capital gains. Limits the amount of the capital loss deduction without regard to distinctions between short term and long term capital losses. Eliminates the distinction between short-term and long-term gains and losses. Title III: Capital Cost Recovery-Subtitle A: Simplified Cost Recovery Systems - Allows individuals and corporations a deduction from gross income for a percentage of the balance in a recovery account for each year. Includes in the recovery account the cost of recovery property which is depreciable property used in a trade or business or held for the production of income which is placed in service after December 31, 1986. Establishes six classes of recovery property and specifies a class life for each. Assigns property to each class according to the class life of the property. Sets forth rules for the calculation of the recovery percentage on the basis of the class life of the property. Allows individuals and corporations a deduction for depletable property determined as a percentage of the balance in a recovery account for each year. Establishes six classes of depletable property and assigns a class life to each. Assigns a ten-year class life for oil, gas, and geothermal wells. Subtitle B: Other Changes - Repeals the income tax deductions for: (1) intangible drilling and development costs for oil, gas, and geothermal wells; (2) depreciation; (3) amortization of pollution control facilities; (4) improvements made by a lessee on a lessor's property; (5) certain depreciable assets; (6) amortization of reforestation expenditures; (7) percentage depletion; (8) development expenditures; and (9) mining and exploration expenditures. Allows a ten-year period for the amortization of construction period interest and taxes. Allows a deduction of circulation expenses for a newspaper, magazine, or other periodical ratably over a ten-year period. Excludes amounts chargeable to a capital account from such treatment. Provides for the deduction of 50 percent of tertiary injectant expenses in the taxable year and 50 percent of such expenses in the succeeding taxable year. Title IV: Miscellaneous Provisions - Subtitle A: Foreign Income - Requires an individual who owns stock in a corporation which is a controlled foreign corporation to include in income a pro rata share of the corporations's earnings and profits for such year. Reduces such amount by any amount required to be included in income by reason of the amount being foreign personal holding company income. Repeals the foreign sales corporations (FSC) provisions for taxable years beginning after December 31, 1986. Repeals the domestic international sales corporations (DISC) provisions for taxable years beginning after December 31, 1986. Subtitle B: Other Miscellaneous Provisions - Repeals the tax exemption for credit unions. Reduces the limit on benefits which may be paid to a participant under defined benefit plans and defined contribution plans. Repeals the cost-of-living adjustment for defined benefit plans. Continues the cost-of-living adjustment for purposes of calculating a participant's average compensation for his or her high three years. Requires farmers to compute their taxable income using the accrual method of accounting with the capitalization of preproduction expenses. Exempts taxpayers who do not have gross receipts exceeding $1,000,000. Requires farming syndicates to use the accrual method of accounting without regard to gross receipts. Provides that farmers who must use the accrual method cannot expense the following: (1) soil and water conservation expenditures; (2) fertilizer; and (3) expenses for clearing land. Requires the deferral of income or loss must be taken into account in determining tax liability under completed contract method of accounting. Requires that the taxpayer with adjusted gross income in excess of $100,000 must make estimated payments equal to 90 percent of current year tax. Requires the recognition of the gain or loss on distributions of property by corporations. Eliminates the special bad debt reserves of financial institutions. Title V: Effective Dates - Sets forth the effective dates for the provisions of this Act.
United States · United States Congress · 30 January 1985
Taxpayers' Bill of Rights - Requires the Secretary of the Treasury to prepare, for distribution to taxpayers, brief but comprehensive statements which set forth in nontechnical terms: (1) the rights and obligations of taxpayers during an audit; (2) the procedures by which a taxpayer may appeal any adverse decision of the Internal Revenue Service (IRS); (3) the procedures for prosecuting refund claims and filing of taxpayer complaints; and (4) the procedures which the IRS may use in enforcing the internal revenue laws. Requires a copy of such statement to accompany any tax forms sent to taxpayers. Extends permanently the authority to award court costs, attorney fees, and other fees to a prevailing party in civil tax cases. (Present law terminates such authority as of December 31, 1985.) Provides for a civil action against IRS employees for any deprivation of rights, privileges, or immunities secured by the Constitution or laws of the United States. Establishes within the Department of the Treasury an Office of the Ombudsman to provide assistance to individuals in their dealings with the Department of the Treasury (including the IRS). Requires the IRS, upon a taxpayer's request, to: (1) conduct any interview regarding a deficiency assessment in the taxpayer's residence or place of business, at a reasonable time convenient to the taxpayer; and (2) allow a taxpayer to make a recording of such interview at his own expense and with his own equipment. Requires the officer or employee conducting such interview to warn the taxpayer that: (1) he or she has the right to remain silent; (2) any statement he or she makes may be used against him or her; and (3) he or she has the right to the presence of an attorney or a certified public accountant. Requires the Comptroller General of the United States to establish a program for a continuing audit and investigation of the efficiency, uniformity, and equity of the the administration of the internal revenue laws of the United States. Requires the Comptroller General to report annually to the Congress on such program. Prohibits the use of amounts collected pursuant to audits or investigations of taxpayer returns as a basis for the evaluations of the IRS personnel who participated in such audits or investigations.
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 · 28 January 1985
Effective Schools Development in Education Act of 1985 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to promote more effective schools and excellence in education. Authorizes appropriations for FY 1986 through 1990 for such grants program. Allows program grants to be used to: (1) promote State educational agency (SEA) and local educational agency (LEA) awareness of effective schools information through conferences at schools and district and multidistrict offices and through onsite visits to model effective schools; (2) develop and implement systems of data collection, analysis, interpretation, and communication; (3) plan, review, and revise program activities; (4) support related effective schools efforts; (5) obtain technical assistance and consultant services from regional educational laboratories, research and development centers, institutions of higher education, and other nonprofit educational organizations; (6) design, develop, and publish educational materials on effective schools programs; (7) conduct program evaluations; and (8) otherwise identify, document, and disseminate information concerning exemplary effective schools programs. Requires that program grant applications by SEAs or LEAs demonstrate that: (1) the applicant has an effective schools improvement program in effect; (2) grant funds would be used to pay not more than one-half of the cost of any program or activity; (3) grant funds would be supplementary; and (4) independent annual evaluations will be conducted and reported. Directs the Secretary of Education, in selecting grant recipients, to: (1) consider the extent to which grant funds would be used to improve schools in districts with the greatest numbers or percentages of educationally deprived children and the extent to which the applicant's ongoing effective schools program has demonstrated the capacity to improve student achievement or behavior; (2) ensure reasonable geographic distribution of grants; and (3) designate grants as being available for a period of at least one but not more than three years. Sets forth provisions for technical assistance and program evaluation. Requires the Secretary to report to the Congress by September 1, 1987.
United States · United States Congress · 28 January 1985
Authorizes the Secretary of Transportation to make grants to States which enact and enforce laws requiring the use of safety belts by schoolchildren in all school buses. Limits the use of such grants to enforcement of such laws and to implement schoolchildren safety programs. Authorizes appropriations out of the Highway Trust Fund, other than the Mass Transit Account, for FY 1986 through 1988 for such grants. Defines school bus for purposes of this Act, limiting such term to vehicles manufactured after the 90th day following the date of enactment.
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
Civil Rights Restoration Act of 1985 - Amends the Education Amendments of 1972, the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Civil Rights Act of 1964 to provide a definition of the phrase "program or activity." Defines such term as all of the operations of: (1) a department or agency of a State or of a local government; (2) the entity of such State or local government that distributes Federal assistance and each such department or agency to which the assistance is extended; (3) a university or a system of higher education; (4) a local educational agency or other school system; (5) a corporation, partnership, or other private organization; or (6) any other entity consistent with the coverage provided above.
United States · United States Congress · 24 January 1985
Amends the Wild and Scenic Rivers Act to designate a segment of the Delaware River in Pennsylvania and New Jersey as a component of the national wild and scenic rivers system.
United States · United States Congress · 24 January 1985
Encourages the President's efforts to achieve deep cuts in the amounts of nuclear weapons held by each nation and to establish an enduring peace. Declares that the Congress would welcome an international agreement based on specified principles providing for: (1) the staged, proportional disarmament of all nations until nonthreatening force levels are reached under effective international inspection and control; and (2) concurrent agreements (in accordance with specified principles) providing methods for the peaceful settlement of international disputes, for effective compliance during the staged disarmament process, and for effective enforcement as nonthreatening force levels are approached. Urges the President to initiate: (1) renewed consideration of the "Joint Statement of Agreed Principles for Disarmament Negotiations" ("Joint Statement") by appropriate U.S. agencies; and (2) joint United States and Soviet reconsideration of such "Joint Statement." Requests the President to: (1) transmit copies of this resolution to the heads of government of all nations and to invite them to participate in negotiations on such an international agreement; and (2) report to the Congress on the steps taken respecting this resolution and the responses received and on the U.S. reassessment of the "Joint Statement."
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
Requires motor vehicle rental companies to provide child restraint systems in rented motor vehicles upon request. Sets forth civil penalties for violations of such requirement. Directs the Secretary of Transportation to prescribe regulations to carry out the purposes of this Act.
United States · United States Congress · 22 January 1985
Expresses the sense of the Congress that the Federal Home Loan Bank Board should delay until June 30, 1985, the effective date of its proposed regulations regarding limitations on direct investment in real estate, service corporations, and equity securities by federally insured savings and loan associations. Directs the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance, and Urban Affairs of the House of Representatives to examine alternatives to the proposed regulations which will ensure safety and sound investment activities.
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 · 7 January 1985
State and Local Narcotics Control Assistance Act of 1985 - Authorizes the Attorney General to make grants to States to assist States and local governments to increase their drug enforcement activities. Requires such grants to be based on the relative needs of the States, taking into consideration the severity of drug trafficking and abuse and the availability of State and local resources to resolve such problems. Establishes a procedure for grant applications. Requires such an application to include a State-wide strategy for the enforcement of State drug laws. Imposes limitations on the use of such grants, including a maximum ten percent allocation for administrative purposes. Requires each State which receives a grant to submit a yearly report to the Attorney General, who shall in turn report to the Congress with respect to such grants. Allows the Secretary of Health and Human Services to make grants to States for developing more effective drug abuse prevention, treatment, and rehabilitation programs. Establishes a procedure for grant applications. Authorizes appropriations for both grant programs for FY 1986 through 1990.
![Official portrait of Rep. Kostmayer, Peter H. [D-PA-8]](https://www.congress.gov/img/member/k000319_200.jpg)