United States · United States Congress · 28 February 1985
Military Family Services Act of 1985 - Implements a rate of 18 cents per mile as reimbursement allowances for travel and transportation expenses related to military service. Implements a weight allowance scale by pay grade for military moves. Limits temporary lodging expenses reimbursement to: (1) enlisted members only; and (2) $100 per day (currently $110). Authorizes the Secretary of Defense to establish voluntary enrollment premium-sharing dental benefit plans for spouses and children of members of the uniformed services who are on active duty for more than 30 days. Requires enrolled members to pay a premium established by the Secretary. Outlines coverage limits for such plan. Creates a separate variable housing allowance for enlisted members of the uniformed services. (Currently, such allowance is the same for enlisted as well as non-enlisted members.) Authorizes the Secretary of each military department to enter into agreements with lessors having rental housing units located near military installations to assure compensation to such lessors for a breach of a lease by members of the armed forces. Outlines details to be included in such agreement. Provides for reimbursement to the United States by a member if it is determined that damage to the unit or breach of the lease was caused by the member. Provides for deductions from a member's pay in such circumstances. Requires the Secretary of Defense to report to the Congress concerning such lease assurance agreements. Establishes in the Department of Defense the Office of Military Family Services to provide family services to the members of the armed services. Outlines the services to be provided. Requires the Director of such Office to report to the Secretary of Defense every 12 months following the date of enactment of this Act concerning issues related to military families.
United States · United States Congress · 28 February 1985
Employee Educational Assistance Act of 1985 - Amends the Internal Revenue Code to extend indefinitely the income tax exclusion for employee educational assistance programs. (Present law terminates such exclusion as of December 31, 1985.) Limits the maximum amount of such exclusion (beginning in 1986) to $5,000 of amounts paid or expenses incurred for educational assistance furnished to an employee during a calendar year. Exempts graduate students engaged in teaching or research activities from such maximum limit. Provides for annual cost-of-living adjustments in such maximum limit beginning in 1987.
United States · United States Congress · 28 February 1985
United States Scholarship Program for Developing Countries Act - Directs the President, acting through the U.S. Information Agency (USIA), to provide an undergraduate scholarship program for citizens and nationals of developing countries to study at U.S. institutions of higher education. Requires that half of each payment to a student shall be in the form of a loan with repayment to be forgiven upon the student's prompt return to his or her country of origin for a period of no less than the number of years spent studying in the United States plus one. Sets forth guidelines for implementing the program. Directs the President, before allocating any funds, to consult with U.S. educational institutions, educational exchange organizations, U.S. missions, and the governments of participating countries on how to implement the guidelines. Authorizes the President to enter into agreements with foreign governments to further the scholarship program. Urges the Administrator of the agency primarily responsible for administering development assistance programs, in implementing such programs, to increase assistance for undergraduate scholarships for students of limited financial means from developing countries to study in the United States. Urges the Director of the USIA to expand opportunities for students from developing countries to receive financial aid for postgraduate study at U.S. institutions of higher education. Urges the President to take steps to expand the opportunities for Americans from all economic classes to study in developing countries. Authorizes the President to establish counseling and orientation services: (1) abroad to prepare foreign students for study in the United States; and (2) at U.S. schools to help them while they are in the United States. Directs the Board of Foreign Scholarships to advise and assist the President in the discharge of programs authorized by this Act. Requires the public and private sectors in the United States to be encouraged to contribute to the costs of the programs financed under this Act. Directs the President to engage the public and private sectors of developing countries in programs to maximize the use of program participants upon their return to their own countries. Authorizes the President to publicize the scholarship program abroad. Directs the President to encourage U.S. schools attended by students receiving scholarships under this Act to provide opportunities for U.S. students to develop their knowledge of the foreign students' cultures. Authorizes the President to provide English instruction abroad when necessary. Requires the President to report annually to the Congress on the activities taken pursuant to this Act. Requires the undergraduate scholarship program financed by the USIA for students from Central America for FY 1986 and 1987 to be conducted in accordance with this Act. Provides for funding to carry out other scholarship programs under this Act.
United States · United States Congress · 27 February 1985
Amends the Federal criminal code with regard to the kidnapping of children under the age of 18. Provides for a minimum sentence of ten years. Imposes a life sentence (without the eligibility for parole for 20 years) if certain aggravating conduct is involved. Lists aggravating conduct as: (1) selling the victim of such offense; (2) sexually abusing the victim; (3) using the victim for pornography; (4) denying the victim food or medical care; (5) intentionally harming the victim physically to a life-threatening extent; or (6) causing the victim to be subjected to such conduct by another. Prohibits the granting of a probationary or suspended sentence.
United States · United States Congress · 27 February 1985
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to extend hospice benefits under title XVIII (Medicare) of the Social Security Act for two years, until October 1, 1988.
United States · United States Congress · 27 February 1985
Amends the Federal Power Act to require that all license applications for the construction or modification of hydroelectric projects with a 15,000 or less kilowatt power producing capacity be transmitted by the Federal Energy Regulatory Commission to the State in which the project is located for State review and approval. Authorizes State Governors to designate a State authority to cooperate with the Commission regarding State approval and review of such license applications.
United States · United States Congress · 26 February 1985
Commission on Congressional Financing Act - Establishes the Bipartisan Commission on Congressional Campaign Financing to consider and study laws, regulations, and public commentary relating to the financing of congressional elections. Requires such study to give particular attention to the extent to which current campaign financing practices undermine public confidence in the Government. Requires the Commission to consider the following changes in the present system of campaign financing: (1) increasing or decreasing allowable contributions; (2) initiating a plan of public financing; (3) making available free or subsidized broadcasting time; or (4) examining the role of independent expenditures. Directs the Commission to make reasonable efforts to achieve the broadest bipartisan consensus in arriving at its recommendations. Requires the Commission, not later than one year after enactment of this Act, to submit to the Congress its final report. Terminates the Commission 90 days after submission of such report. Requires the Director of the Congressional Research Service of the Library of Congress and the Chairman of the Federal Election Commission, not later than two months after enactment of this Act, to transmit briefing papers to the Bipartisan Commission which catalog and synthesize pertinent reports, analyses, and recommendations. Authorizes appropriations.
United States · United States Congress · 26 February 1985
Amends the Internal Revenue Code to allow an individual an income tax credit equal to 25 percent of the amount of expenses paid or incurred during the taxable year for new security devices for the taxpayer's residence. Limits the amount of the tax credit to a maximum of $125. Provide that the tax credit shall be 100 percent of such expenses for individuals who have attained the age of 65 before the close of the taxable year. Provides that where the basis of property is increased as a result of an expenditure for security devices, the taxpayer must reduce such property's basis by the amount of the allowed credit. Provides that no credit shall be allowed where the property is eligible for the investment credit.
United States · United States Congress · 26 February 1985
Amends the Internal Revenue Code to increase to $4,000 the maximum deduction for contributions to retirement savings plans and to allow married individuals to compute the amount of their income tax deduction for contributions to retirement savings plans on the basis of the earnings of their spouse.
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
Amends the Internal Revenue Code to exempt from the windfall profit tax an amount of crude oil equal to an amount of residual fuel oil used in enhanced recovery processes. Defines "enhanced recovery process" as any process: (1) for increasing the ultimate total recovery of oil from a reservoir which is designed to modify any property of any fluid in the reservoir or the reservoir rock; or (2) for displacing or controlling the flow rate or flow pattern in the reservoir.
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 · 25 February 1985
Expresses the sense of the House of Representatives that the President should: (1) continue to express U.S. opposition to the exile of Igor Ogurtsov; and (2) urge the Soviet Union to provide Igor Ogurtsov with medical care, grant his release from exile, and accept his application for an exit visa and allow him to emigrate without forcing him to renounce his views.
United States · United States Congress · 21 February 1985
Children's Justice Act - Amends the Child Abuse Amendments of 1984 to authorize a Children's Justice Grant program. Authorizes the Secretary of Health and Human Services to make additional grants to States under specified provisions of the Child Abuse Prevention and Treatment Act for identification, treatment, and prevention of sexual abuse. Makes a State eligible for such assistance if the Secretary determines that the State, within one year after the enactment of this Act, has enacted specified legal and administrative changes with respect to the investigation and prosecution of child sexual abuse cases. Requires a State, to be eligible for such assistance, to have in effect a child sexual abuse program which includes at least one statute or administrative procedure to carry out the following categories of reforms: (1) handling such cases so as to reduce the trauma to the child victim; (2) improving the chances of successful prosecution or legal action against child molesters; and (3) improving procedures to protect children from sexual abuse. Directs the Secretary to issue necessary regulations for such assistance program. Authorizes appropriations for FY 1986 and 1987.
United States · United States Congress · 21 February 1985
National Training Incentives Act of 1985 - Declares that it is the policy and responsibility of the Federal Government to encourage cooperation between employers and employees to promote training programs which will assist employees, should they be displaced from the work force, in training for a trade or occupation for which present and future employment opportunities exist. Enumerates congressional findings with respect to the inadequacies of existing employment and training programs, the importance of such programs to the national security and economy, the current funding of such programs, the impact of foreign trade competition on the U.S. economy and job market, and the inadequacies of the unemployment compensation system. Title I: Amendments to Internal Revenue Code of 1954 Relating to Employee Training - Amends the Internal Revenue Code to establish an employee training credit for employers. Adds such employee training credit to those credits which are included in the current year business credit for purposes of determining the general business income tax credit for a taxable year. (The Internal Revenue Code provisions for such general business income tax credit permit three-year carrybacks and 15-year carryforwards of unused credits, with specified limitations.) Makes such employee training credit for any taxable year equal to 25 percent of the excess, if any, of: (1) the qualified training expenses of the taxpayer for such taxable year, over (2) the base period training expenses of such taxpayer. Defines "qualified training expenses" as the aggregate amount of expenses paid or incurred by the taxpayer during the taxable year in connection with the training of employees under approved training programs. Defines "base period training expenses" as the average of the qualified training expenses for each year in the base period. Defines "base period" as the five taxable years of the taxpayer immediately preceding the taxable year for which the determination is being made ("the determination year"). Sets forth transitional rules for the first four determination years beginning after December 31, 1984. Sets minimum base period training expenses by providing that, in the case of any determination year of the taxpayer for which the qualified training expenses exceed 200 percent of the base period training expenses, "50 percent of such qualified training expenses" shall be substituted for "the base period training expenses" in the formula to determine the amount of the credit. Defines "approved training program," for purposes of such employee training credit, to include: (1) any apprenticeship program registered or approved by Federal or State agencies; (2) any employer-designed or employer-sponsored training program which meets certain requirements prescribed by the Secretary of Labor (Secretary); (3) any cooperative education; (4) any training program designated by the Secretary which is carried out under the supervision of an institution of higher education; or (5) any other training program approved by the Secretary. Sets forth the special tax rules for the aggregation of qualified training expenses, allocations of such credits, and adjusted to such employee training credit amount for acquisitions and dispositions of a trade or business. Specifies that the employee training credit shall be in addition to any other deduction or credit allowed for the same expenses under the Federal tax law. Amends the Internal Revenue Code to exempt from any penalty tax early withdrawal from an individual retirement account or annuity (IRA) of a displaced worker if such withdrawals are made to pay training expenses, do not exceed the allowable amount, and are made in accordance with the requirements of this Act. Incorporates provisions of title II of this Act relating to the definition of displaced workers, training expenses, and allowable IRA distributions within the Internal Revenue Code provisions relating to individual retirement accounts and annuities. Title II: Withdrawals from Individual Retirement Accounts and Annuities for Job Training for Displaced Workers - Entitles a displaced worker to apply to the Secretary of Labor (Secretary) for certification of such individual's status as a displaced worker. Defines a "displaced worker" as any individual, as of the time of application for a certificate, who has at least 20 quarters of coverage under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, who has received employment counseling within the past year from an agency approved by the Secretary, and who is in one of the following categories: (1) receiving regular State unemployment compensation; (2) exhausted the right to receive such compensation; (3) unemployed, or received notification of termination of employment within six months, due to permanent closure of a plant or facility; or (4) unemployed for six months or more and with limited opportunity for employment in a similar trade or occupation within a reasonable commuting distance. Permits displaced workers to withdraw amounts from their individual retirement account or annuity (IRA) to pay the expense (tuition, fees, books, supplies, or required equipment) of an eligible training program. Limits the amounts of such IRA withdrawal to $4,000 per year (with cost-of-living adjustments), minus aggregate amounts distributed for training expense payments in the four immediately preceding taxable years. Requires withdrawals from an IRA for training expenses to be made only through the use of a voucher issued by the account trustee or insurance company custodian upon presentation to such trustee or custodian by the displaced worker of a displaced worker certificate and an invoice or statement evidencing that such worker has enrolled in an eligible training program. Sets forth requirements for the presentation and redemption of vouchers for payment of job training expenses. Prohibits depositary institutions from assessing any penalty against a displaced worker for early withdrawals from an IRA to pay such training expenses. Permits adjustments in the rate of return on certain investments when IRA funds are withdrawn to pay such training expenses. Provides that the participation of displaced workers in an eligible training program shall not disqualify such workers for unemployment compensation to which they are otherwise entitled. Defines "eligible training program" as a training program offered by an institution of higher education, a postsecondary vocational institution, a proprietary institution of higher education, or any other institution approved by the Secretary which prepares students for gainful employment in a trade or occupation in which present and future employment opportunities exist. Requires the Secretary to promulgate regulations for: (1) the application of an educational institution for qualification of its training program; and (2) criteria for determining whether such a job training program qualified as an eligible training program under the terms of this Act. Directs the Secretary, for purposes of determining whether certain job training programs qualify as eligible training programs, to consider any determination relating to such programs made by: (1) the Administrator of Veterans Affairs or a State approving agency for veterans' educational programs; (2) a private industry council established under the Job Training Partnership Act or other official or group empowered to make determinations under such Act; (3) the Secretary of Education; (4) any State education agency; or (5) a nationally recognized accrediting agency which the Secretary determines to be reliable in evaluating the quality of job training programs. Sets forth nondiscrimination requirements for institutions offering such job training programs. Requires the Secretary to minimize the amount of paperwork and time necessary to certify any individual as a displaced worker or any training program as an eligible training program. Title III: State Employment Service Responsibilities - Directs the Secretary of Labor to allocate funds to States to reimburse administrative costs of public employment offices which provide certification for displaced workers, labor market and training information, and job search services. Authorizes appropriations for such purpose for FY 1986 and thereafter. Directs the Secretary to submit a report to the Congress on a nationwide computerized job bank and matching program authorized under the Job Training and Partnership Act. Title IV: Miscellaneous Provisions - Amends the Job Training Partnership Act to direct the private industry councils established under such Act to make information on job training programs available throughout their service delivery areas. Exempts such councils from limitations on expenditures imposed by such Act in providing such information. Excludes from the computation of the amount of the expected family contribution to a student for Pell Grant purposes any unemployment compensation received by such student or any IRA distribution used to pay training expenses of such student, provided such student is certified as a displaced worker under the terms of this Act.
United States · United States Congress · 21 February 1985
High Technology Research and Scientific Education Act of 1985 - Title I: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Title II: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporations R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 21 February 1985
Expresses the sense of the House of Representatives that: (1) the President should express to the Soviet Union U.S. opposition with respect to the harassment and arrests of Hebrew teachers and Jewish activists in the Soviet Union; and (2) the Soviet Union should comply with its commitments under specified international human rights agreements and cease its persecution of individuals on the basis of their Jewish faith.
United States · United States Congress · 20 February 1985
Indian Juvenile Alcohol and Drug Abuse Prevention Act - Title I: Inter-Departmental Agreement - Directs the Secretary of the Interior and the Secretary of Health and Human Services to agree to coordinate specified efforts of the Bureau of Indian Affairs (Bureau) and the Indian Health Service relating to alcohol and drug abuse programs for Indian youth. Provides for the biannual review of such agreement by the Secretary of the Interior and the Secretary of Health and Human Services. Requires certain officials of the Bureau and the Indian Health Service to agree, upon a tribe's request, to coordinate resources and services related to alcohol and drug abuse with any Indian tribe. Requires the Secretary of the Interior, acting through the Bureau, and the Secretary of Health and Human Services, acting through the Indian Health Service, to bear equal responsibility for the implementation of this Act in cooperation with Indian tribes. Title II: Education - Amends the Indian Elementary and Secondary School Assistance Act, the Indian Education Act, and the Adult Education Act, respectively, to provide for: (1) grants for the training of alcohol and drug abuse counselors in Indian elementary and secondary schools; (2) a specified percentage of fellowships to be awarded to persons specializing in guidance counseling for alcohol and drug abuse; and (3) grants to support adult education projects which provide alcohol and drug abuse counseling services. Requires Bureau schools and schools operated under the Indian Self-Determination and Education Assistance Act to provide instruction on alcohol and drug abuse to students in kindergarten and grades one through 12. Directs the Secretary of the Interior to: (1) establish summer recreation and counseling programs, coordinated with other similar Indian summer programs, for Indian youth on reservations; (2) require Bureau schools and schools operated under the Indian Self-determination and Education Assistance Act to remain open during the summer months of each year to provide adequate facilities (including use of public and private facilities) for such programs; and (3) provide, as needed, salaried coordinators for such programs. Requires the Secretary of the Interior to publish, on a quarterly basis, an alcohol and drug abuse newsletter and to circulate it to specified Government agencies that provide such alcohol and drug abuse-related services to Indian people. Title III: Family and Social Services - Requires any training program for community health representatives funded under the Bureau to include not less than two weeks of training on the problems of alcohol and drug abuse, including instruction in crisis intervention, family relations, and the causes and effects of fetal alcohol syndrome. Requires the Director of the Indian Health Service to provide training in alcohol and drug abuse to specified schools, Indian Health Service personnel, and others. Provides for the certification, by the Secretary of Health and Human Services, of any person who completes such training for purposes of obtaining academic credit or certification at any post-secondary school. Title IV: Law Enforcement - Requires the Director of the Bureau to provide education on alcohol and drug abuse among Indian youth to Bureau law enforcement personnel. Provides for the detention, in lieu of incarceration, of Indian juveniles in temporary emergency shelters (Indian households) if their offenses are related to the use or possession of drugs or alcohol. Directs the Secretary of the Interior to promulgate, in consultation with the U.S. Attorney General, guidelines under which a law enforcement officer may place an Indian youth arrested for drug or alcohol abuse in a facility other than an emergency shelter. Provides that in instances where a State exercises criminal jurisdiction over any part of Indian country that such State is urged to require its law enforcement officers to place any Indian juvenile arrested for alcohol or drug abuse-related offenses in a temporary emergency shelter (Indian household) or community-based alcohol or drug abuse treatment facility in lieu of incarceration. Provides for the compensation and licensing of Indian households that are used as emergency shelters. Title V: Juvenile Alcohol and Drug Abuse Treatment and Rehabilitation - Requires the Director of the Indian Health Service to conduct a study to determine: (1) the size of the Indian population in need of residential alcohol and drug abuse treatment; (2) where facilities to provide such treatment are or should be located; and (3) the cost of providing such treatment. Requires the Director of the Indian Health Service to provide alcohol and drug abuse treatment services, including detoxification and counseling services, and follow-up care in Indian Health Service facilities and in facilities operated under the Indian Self-Determination and Education Assistance Act to Indian juveniles and adults. Requires the Director to report to the Congress on the progress of such treatment to Indian juveniles and adults. Directs the Secretary of Health and Human Services, in consultation with the Indian Health Service and the Bureau of Indian Affairs, to identify and utilize federally owned structures for use as residential alcohol and drug abuse treatment centers for Indian juveniles. Title VI: Definitions, Effective Date, and Authorization of Appropriations - Sets forth definitions and the effective date. Authorizes appropriations.
United States · United States Congress · 20 February 1985
Philippine Scouts Pay Equity Act - Directs the Secretary of the Army to compensate members of the Philippine Scouts during World War II for the differential in basic pay between such scouts and other members of the U.S. Army in corresponding grades and lengths of service. Directs the Secretary to equalize military pensions as well.
United States · United States Congress · 19 February 1985
Amends the RICO Statute (Racketeer Influenced and Corrupt Organizations) and the Controlled Substances Act to provide for the forfeiture of substitute property when, because of an act or omission of the defendant, the property subject to forfeiture: (1) is removed from the jurisdiction of the court or is otherwise unavailable for forfeiture; (2) is diminished in value; or (3) cannot reasonably be separated from property that is not subject to forfeiture.
United States · United States Congress · 19 February 1985
Amends the Federal criminal code to impose the death penalty or life imprisonment without the possibility of parole for murders committed by prisoners serving life sentences in Federal correctional institutions. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a guilty plea 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 with the approval of the Government, when the defendant is found guilty or pleads guilty to an offense punishable by death. Eliminates the requirement for a presentence report. 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 evidence and aggravating factors which the Government must prove beyond a reasonable doubt. Directs the jury or the court to consider all the information and return a special finding identifying any mitigating or aggravating factors. Conditions imposition of the death penalty on a unanimous finding by the jury (or finding by the court) that: (1) some threshold aggravating factor exists; and (2) the aggravating factors sufficiently outweigh any mitigating factor found to exist. Directs the court upon a finding that a sentence of death is justified to impose the death penalty. Requires the court, in any hearing before a grand jury under this Act, to instruct the jury in considering the death sentence to disregard the race, color, national origin, creed, or sex of the defendant. 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 · 19 February 1985
Amends the Federal criminal code to establish procedures for the imposition of the death penalty for presidential assassination. 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. Conditions imposition of the death penalty on a unanimous finding by the jury (or finding by the court) that: (1) some aggravating factor exists; and (2) the aggravating factor sufficiently outweighs any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Establishes procedures for appeal from the death sentence.
United States · United States Congress · 19 February 1985
African Famine Relief and Recovery Act of 1985 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance for famine relief, rehabilitation, and recovery in Africa. Requires that not less than 80 percent of the funds appropriated for such relief shall be used for grants to private and voluntary organizations and international organizations. Requires that at least 18 percent of funds appropriated for such relief shall be used for emergency health projects. Requires that a specified amount of funds appropriated for such relief shall be transferred to the operating expenses of the Agency for International Development for management support activities relating to emergency food assistance for Africa. Authorizes supplemental appropriations for FY 1985 for such relief. Authorizes supplemental appropriations for FY 1985 to the Department of State for migration and refugee assistance in Africa. Requires that not less than 54 percent of the funds appropriated for such assistance shall be made available to the United Nations Development Program Trust Fund for refugee assistance in Africa. Requires the remaining amount to be used by the Bureau for Refugee Programs of the Department of State for emergency relief and recovery efforts in Africa. Requires that amounts appropriated pursuant to this Act shall be available only for aid in those African countries that have suffered during 1984 and 1985 from exceptional food supply problems due to drought and other calamities. Requires such assistance to be provided without regard to the prohibition against aid to countries which have nationalized or expropriated property of U.S. citizens. Requires that the President shall ensure that such assistance is provided to the famine victims for whom it is intended. Requires the President to report to the Congress by June 30, 1985, on: (1) the emergency needs for African famine assistance; and (2) the projected FY 1985 contribution by the United States to meet an appropriate share of such needs. Expresses the sense of the Congress that the President should submit a request for supplemental funding for emergency African famine assistance if available funding is insufficient to meet the projected contribution.
United States · United States Congress · 19 February 1985
Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded in a Federal proceeding if the seizure was undertaken in a reasonable, good faith belief in its conformity with the fourth amendment to the Constitution. Provides that evidence obtained in accordance with a warrant is prima facie evidence of good faith, absent intentional and material misrepresentation.
United States · United States Congress · 19 February 1985
Habeas Corpus Reform Act of 1985 - Amends the Federal criminal code to condition consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State action precluded assertion of the right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings.
United States · United States Congress · 19 February 1985
Liberty Double-Eagle Bullion Coin Act - Requires the Secretary of the Treasury to mint and issue gold double-eagle coins. Sets forth specifications for and the design of such coins. Makes such coins legal tender. Permits the sale of such coins at a price equal to the cost of minting and issuing such coins plus a surcharge equal to the amount by which the fair market value of gold bullion held by the United States and used in the minting of the coins exceeds the statutory maximum value of any gold certificates outstanding against the bullion. Requires the revenue from such surcharges to be used to reduce the national debt. Authorizes appropriations.
United States · United States Congress · 19 February 1985
Amends veterans' health-care provisions by requiring the Administrator of Veterans Affairs to maintain an enrollment system for veterans furnished health and medical care by the Veterans Administration (VA). Provides for active and inactive status of veterans enrolled in the system. Gives priority care to veterans already enrolled in the system over those applying for such care, with a specified exception. Directs the Administrator to maintain a tracking system for veterans enrolled in the VA health-care system.
United States · United States Congress · 19 February 1985
Directs the Administrator of Veterans Affairs, within 180 days of enactment of this Act, to report to the House and Senate Veterans' Affairs Committees on treatment by the Veterans Administration of veterans suffering from Alzheimer's disease and related organic brain disorders.
United States · United States Congress · 19 February 1985
Authorizes the Administrator of Veterans Affairs to provide treatment to any veteran suffering from Alzheimer's disease or a related organic brain disorder, regardless of the age of such veteran.
United States · United States Congress · 19 February 1985
Amends rule X of the Rules of the House of Representatives to require each standing committee to review, on a continuing basis and when considering public bills or resolutions, those portions of the President's Private Sector Survey on Cost Control (Grace Commission report) pertaining to such committee's jurisdiction. Amends rule XI to require each committee report on a public bill or resolution to contain: (1) an identification of each recommendation of the Survey to be implemented and the resulting estimated program cost savings or revenue enhancement; and (2) a statement setting forth the disposition of each recommendation pertaining to such bill or resolution.
United States · United States Congress · 7 February 1985
Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Places the burden of proof upon the party asserting that a product was not produced with the patented process in an infringement action where the court finds a substantial likelihood that the product was so produced and the claimant has exhausted all means of discovery.
United States · United States Congress · 7 February 1985
Summer Youth Employment, Training, and Education Act of 1985 - Amends the Job Training Partnership Act (JTPA) to require the addition of an education component to the summer youth employment and training programs under part B of title II (Training Services for the Disadvantaged) of JTPA. Requires that each service delivery area (SDA) be allotted an amount equal to at least 90 percent of the amount available to such area for the summer youth program in the preceding fiscal year. Requires ratable reductions in the allocation to each SDA if appropriations are not sufficient to provide such amount to each SDA. Requires that allotments to States and allocations to SDAs be: (1) made in accordance with provisions for prompt allocation of funds; and (2) available for planning purposes before the beginning of the summer months for which allotted and allocated. Requires that summer youth program funds be used so that participants spend a portion of their time on individualized, self-paced, remedial and basic academic and functional competency development and achieve specified types of performance standards established and developed in each SDA. Requires that the portion of a participant's time spent on such competency development be in addition to, and not in place of, regular employment under the summer youth program. Prohibits summer youth program funds from being used to provide employment to any individual who fails to comply with attendance standards established by the SDA with respect to such education components. Prohibits summer youth program funds from being used to compensate or reward participants for attendance at such education components, except under specified provisions which require that a portion of matching funds be used to provide bonuses to participants for achievement of academic and functional competence. Specifies that planning for summer youth programs does not have to be conducted during the summer months. Sets forth matching fund requirements for summer youth programs. Requires each private industry council (PIC), for each program year beginning after June 30, 1987, to make available from non-Federal sources an amount for use in such programs equal to at least one and one-half percent of the amount made available under JTPA for such programs in that SDA for the applicable program year. Allows each PIC, for program years beginning July 1, 1985, and July 1, 1986, to make available such matching amounts. Limits, for any program year beginning after June 30, 1987, such matching amounts to not less than $20,000 and not more than $100,000 per SDA. Requires each PIC to notify the State of the PIC's matching amount by April 1 of the preceding program year. Requires each State, for program years beginning after June 30, 1987, to provide to each PIC an amount equal to the PIC matching amount. Allows States to provide such State matching amount from non-Federal sources or to use funds available to them under part A (Adult and Youth Programs) of title II of JTPA and under chapter 2 (Consolidation of Federal Programs for Elementary and Secondary Education) of the Educational Consolidation and Improvement Act of 1981. Requires each State, for program years beginning July 1, 1985, and July 1, 1986, to reserve one and one-half percent of its State allotment under part A, to be allocated to PICs in proportion to the matching amounts made available by such PICs for such program years. Requires that such matching amounts be used to: (1) support the education and training components of the summer youth programs; (2) provide bonuses to participants for achievement of academic and functional competence; and (3) after complying with (1) and (2), create additional employment opportunities under the summer youth programs. Allows matching amounts to be in cash or in-kind, but requires that in-kind matching amounts be in the form of state-of-the-art basic and remedial education materials and equipment suitable for use for summer youth programs for the applicable program year. Requires each SDA to maintain complete records on the improvements in academic and functional competency attained by participants in the summer youth programs. Requires that such records be compiled by reference to State and locally determined general education diploma and basic education competency requirements. Requires each SDA to submit summaries of such records to the State. Requires States to submit annual reports on such summaries to the Secretary of Labor. Directs the Secretary to include an analysis of such reports in the Secretary's annual report to the Congress on employment and training programs. Provides that a specified portion of the State allotment under JTPA which is currently available for State education programs shall also be available to carry out matching requirements for summer youth programs.
United States · United States Congress · 7 February 1985
Amends the Immigration and Nationality Act to authorize the Attorney General and the Secretary of State to establish a three-year pilot visa waiver program for up to eight countries providing a similar benefit to the United States. Sets forth program provisions.
United States · United States Congress · 7 February 1985
Amends the Domestic Volunteer Service Act of 1973 to eliminate chronological age requirements with respect to mentally retarded individuals for purposes of eligibility to receive foster grandparent services.
United States · United States Congress · 7 February 1985
Revises Federal procedures regarding the establishment of interstate cost estimates to direct the Secretary of Transportation to apportion such estimates for construction funds and substitute highway and urban transit projects on October 1 of 1985-1988 if the Congress has not approved such estimates by that time.
United States · United States Congress · 7 February 1985
Authorizes the Black Revolutionary War Patriots Foundation to establish a memorial on Federal land in the District of Columbia to honor the courageous slaves and free black persons who gave of themselves during the American Revolution. Directs the Secretary of the Interior, with the approval of the Commission of Fine Arts and the National Capital Planning Commission, to select the site, approve the design and plans, and provide for maintenance. Prohibits the use of any Federal funds for the memorial's construction. Terminates the Foundation's authority to establish such memorial within five years from the enactment of this Act.
![Official portrait of Rep. Lagomarsino, Robert J. [R-CA-19]](https://www.congress.gov/img/member/l000020_200.jpg)