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United States · Official source
2,253 records where Rep. Lungren, Daniel E. [R-CA-3] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 4 April 1985
Limits progress payments under defense contracts to 80 percent of the total costs of performing the contract (85 percent with a small business). Authorizes the Secretary of Defense and the heads of Federal agencies to provide progress payments at a different rate under certain circumstances.
United States · United States Congress · 4 April 1985
Volunteering in Government Act of 1985 - Permits any executive agency to recruit, train, and accept the service of a volunteer, and to enter into an agreement with any nonprofit organization for volunteer service, to carry out any appropriate agency activity. Declares that such volunteers shall be considered to be Federal employees only under provisions concerning tort claims and workers' compensation. Directs agencies to provide such volunteers and nonprofit organizations funds to pay necessary expenses for performing any such activity. Prohibits the dismissal of any agency employee or the impairment of any service contract as a result of an agency's utilizing volunteer services. Authorizes agencies to give preference to grant applicants who use volunteer services most extensively. Authorizes each agency to use one percent of the funds appropriated to it for general administrative and operating expenses each fiscal year to carry out this Act. Requires the Director of the Office of Personnel Management to report to the Congress biennially on the volunteer services and savings resulting from implementation of this Act.
United States · United States Congress · 4 April 1985
Designates the week of May 18 through May 24, 1985, as National Food Bank Week.
United States · United States Congress · 2 April 1985
Amends the Contract Work Hours and Safety Standards Act and the Walsh-Healey Act to require overtime compensation only for hours of employment in excess of 40 hours in a workweek for employees of Federal Government contractors or subcontractors.
United States · United States Congress · 2 April 1985
Westway Landfill Funding Prohibition and Hudson River Habitat Protection Act of 1985 - Prohibits the Secretary of Transportation from expending funds for the Westway landfill in New York City, New York.
United States · United States Congress · 1 April 1985
Amends the Sentencing Reform Act of 1984 to permit senior status judges to serve as members of the United States Sentencing Commission. Authorizes the Administrative Office of the United States Courts to make an initial appropriations request for the Commission.
United States · United States Congress · 28 March 1985
Youth Employment Opportunity Wage Act of 1985 - Amends the Fair Labor Standards Act of 1938 to authorize employers to pay employees under 20 years of age 75 percent of the minimum wage rate between May and September of each year. Exempts such employees from special certificate requirements. Restricts such authorization to: (1) hours worked by eligible employees in compliance with applicable child labor laws; and (2) youth employed after May 1 of each year. Prohibits the removal of employees ineligible for the subminimum wage rate in order to replace them with employees who are eligible. Makes technical and conforming amendments to the Job Training Partnership Act. Directs the Secretary of Labor to monitor the implementation of this Act and to report to the Congress concerning the employment effects of this Act. Terminates such minimum wage rate exception after September 30, 1987, and repeals, as of that date, the amendments made by this Act.
United States · United States Congress · 28 March 1985
Designates the week beginning September 15, 1985, as National Dental Hygiene Week.
United States · United States Congress · 28 March 1985
Designates the month of October 1985 as National Make-A-Wish Month.
United States · United States Congress · 27 March 1985
Indexed Treasury Obligations Act of 1985 - Requires that between five and 50 percent of the face amounts of Government obligations that mature in not less than one and not more than 20 years be issued in the form of indexed obligations. Defines an "indexed obligation" as an obligation which is redeemable only at maturity for an indexed face amount of at least $1,000 on which interest payable at periodic intervals of one year or less is computed on the basis of the face amount increased by a certain inflation ratio. Requires a representative distribution of indexed obligations as determined by the Secretary of the Treasury to be practicable, appropriate, and consistent with prudent debt management. Directs the Secretary to prescribe terms and conditions for the sale of such obligations.
United States · United States Congress · 26 March 1985
Recognizes the pause for the Pledge of Allegiance as part of the celebration of National Flag Day and urges all Americans to participate by reciting the Pledge in unison at a specified time on that day.
United States · United States Congress · 26 March 1985
Authorizes and requests the President to designate the month of January 1986 as National Eye Health Care Month.
United States · United States Congress · 26 March 1985
Finds that China's one child-per-family-population control program, with its reliance on coerced abortion and resultant increase in female infanticide, violates human rights and constitutes an ongoing crime against humanity. Calls upon the Chinese Government to cease this policy and upon other governments to oppose the institution of such policies in their own countries.
United States · United States Congress · 26 March 1985
States that the United Support of Artists for Africa should be commended for aiding the African famine victims and for demonstrating that people can make a difference in relieving the plight of those victims.
United States · United States Congress · 25 March 1985
Designates July 19, 1985, as National P.O.W./M.I.A. Recognition Day.
United States · United States Congress · 21 March 1985
Provides for a demonstration program in which a limited number of States would be permitted to provide unemployment compensation to individuals for the purpose of funding self-employment. Directs the Secretary of Labor to enter into a program agreement with at least five, but not more than ten, States. Sets forth factors that the Secretary must consider in selecting States for such program. Requires program agreements to provide that: (1) each eligible individual, for the three-year benefit period beginning on the date on which such agreement is entered into, shall be entitled to receive adjustment assistance in the form of self-employment allowances; and (2) an individual receiving such assistance shall not be eligible to receive, in addition to such assistance, extended or other additional compensation with respect to such benefit year if payment is made under this Act by the State in lieu of regular compensation. Makes an individual an eligible individual with respect to any benefit year, for purposes of this Act, if such individual: (1) is eligible to receive regular compensation under the State law during such benefit year; (2) submits an application to the State agency for adjustment assistance under this Act; and (3) meets applicable State requirements. Limits the number of individuals who may be considered as eligible individuals for purposes of this Act during such year. Provides that the aggregate amount of adjustment assistance provided under this Act in the form of a self-employment allowance to any individual with respect to any benefit year shall not exceed the maximum amount of regular compensation that a State makes available plus any extended or additional compensation payable to such individual with respect to such benefit year. Provides, for such purposes, that the maximum amount of extended or other additional compensation payable to any individual with respect to any benefit year shall be determined: (1) as of the day on which the individual submits an application for adjustment assistance under this Act, by assuming that the unemployment conditions in the state during the week in which such application is submitted will remain constant; and (2) without regard to any termination of a program under which payments of extended or other additional compensation are being made for the week in which such application is submitted. Permits eligible individuals to file applications for self-employment allowances with State agencies responsible for administering agreements under this Act. Allows a State to pay a self-employment allowance in one or more payments and to make the payment directly to, or on behalf of, an eligible individual. Prohibits a State from offering such allowances unless it is implementing a program approved by the Secretary and designed to select and assist individuals for self-employment, monitor such employment, and provide for complete evaluation of the use of such allowances. Provides that State and Federal requirements relating to availability for work, active search for work, or refusal to accept suitable work shall not apply to an individual receiving a self-employment allowance under this Act as long as such individual is self-employed. Provides for payments to States of amounts equal to the Federal share of each payment (other than administrative expenses) made by the State agency on account of adjustment assistance provided to an individual under this Act. Requires that such Federal share be paid from amounts available for payment of the Federal share of extended or supplemental compensation and from any amounts appropriated to carry out this Act. Makes such Federal share equal to the percentage of the extended or other additional compensation taken into account for purposes of this Act for which the State would have been entitled to reimbursement if such additional compensation had been paid under the Federal-State Extended Unemployment Compensation Act of 1970, the Federal Supplemental Compensation Act of 1982, and any other Federal law providing additional compensation. Permits States to make payments (exclusive of administrative expenses) from State unemployment funds for adjustment assistance provided under this Act. Provides, for purposes of Social Security Act provisions relating to grants for administrative expenses, that the provisions of this Act shall be treated as unemployment compensation law. Directs the Secretary to submit to the Congress: (1) within two years after enactment of this Act, an interim report on the effectiveness of such demonstration program; and (2) within four years after such enactment, a final report on such program. Sets forth provisions relating to fraud and overpayments. Excludes activities taken by a State pursuant to an agreement under this Act from being taken into consideration in determining whether there has been a net decrease in the solvency of the State unemployment compensation program. Defines "extended or additional compensation," for purposes of this Act, as: (1) extended compensation; (2) Federal supplemental compensation payable under the Federal Supplemental Compensation Act of 1982; and (3) any other compensation payable to exhaustees by reason of conditions of high unemployment. Gives certain other terms under this Act the same meanings as under the Federal-State Extended Unemployment Compensation Act of 1970. Makes this Act effective on October 1 of the first fiscal year beginning after its enactment date.
United States · United States Congress · 21 March 1985
Reaffirms U.S. policy stating that the Department of the Navy shall construct on the Pacific coast such U.S. naval vessels as the President deems necessary to protect the requirements of national defense. Requires the President, within 60 days of enactment of this Act, to report to the Congress on actions taken or planned in order to implement such policy.
United States · United States Congress · 21 March 1985
Establishes the House of Representatives Minority Student Intern Program. Lists the requirements for eligibility under this program.
United States · United States Congress · 20 March 1985
Designates the week of October 20 through October 26, 1985, as Lupus Awareness Week.
United States · United States Congress · 19 March 1985
Federal Science and Technology Transfer Act of 1985 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to authorize Federal agencies, subject to specified conditions, to permit the directors of their Government-operated Federal laboratories to enter into cooperative research and development agreements with other Federal agencies, State or local governments, industrial organizations, universities, or other persons. Authorizes Government-operated Federal laboratories, under such agreements and subject to specified conditions, to: (1) grant patent licenses or assignments, or options, in any subject invention made by a Federal employee, or made jointly by a Federal employee and an employee of the collaborating party, and to retain such rights as the laboratory deems appropriate; and (2) waive in advance any right of ownership which the Federal Government may have to any subject invention made by a collaborating party or such party's employee under the agreement. Requires Federal agencies to establish certain plans to be followed in entering into such agreements. Prohibits such agreements with: (1) any person who is not located in the United States, does not have a place of business located in the United States, or is subject to the control of a foreign government; or (2) any other entity which is owned or controlled by any such person. Prohibits such agreements if an authority of the Federal Government which is authorized by statute or executive order to conduct foreign intelligence or counterintelligence activities determines that ownership or licensing rights granted by the agreement must be restricted or eliminated in order to protect the security of such activities. Provides for an appeals procedure with respect to such determinations. Provides that specified provisions of Federal law relating to patent rights in inventions made with Federal assistance shall apply to certain types of such agreements. Provides that small businesses will be given preference in the making of certain types of such agreements. Prohibits any person (or his or her assignee) who receives title or exclusive right or exclusive patent license to any subject invention from granting the exclusive right to use or sell, or from making exclusive use of, such invention unless the products embodying it or produced through its use will be manufactured substantially in the United States. Authorizes the Federal agency concerned to waive such prohibition on a case-by-case basis under specified conditions. Directs each agency to maintain a record of all such agreements. Establishes the Federal Laboratory Consortium for Technology Transfer in the National Science Foundation. Requires the Director of the Foundation to appoint an individual to manage the Consortium and authorizes such individual to appoint Consortium employees. Sets forth Consortium duties relating to the commercial potential of new technologies generated by Federal laboratory research. Requires the Director of the Foundation to report biennially to the President and to the appropriate authorization and appropriation committees of the Congress on Consortium and other specified activities. Requires other Federal agencies to: (1) cooperate in providing information for such reports; and (2) transfer a specified portion of their research and development budgets to the Foundation to carry out Consortium activities. Sets forth rules and formulas for the distribution of royalties or other income received by Federal agencies from the licensing or assignment of inventions under such agreements under this Act, and from inventions licensed under provisions of Federal law relating to domestic and foreign protection of federally owned inventions, or under any other provision of law. Requires Federal agencies to report annually to the appropriate authorization and appropriation committees of the Congress detailing the amount of such royalties or other income received and expenditures made under such rules and formulas.
United States · United States Congress · 19 March 1985
Tax Fairness for Families Act - Amends the Internal Revenue Code to increase the amount of the deduction allowed for the personal exemption from the current amount of $1,000 to $2,000.
United States · United States Congress · 19 March 1985
Designates April 24, 1985, as National Day of Remembrance of Man's Inhumanity to Man (especially for remembering the Armenian genocide in Turkey).
United States · United States Congress · 19 March 1985
Directs the President to designate May 1985 as Older Americans Month.
United States · United States Congress · 7 March 1985
Designates the month of April 1985 as Fair Housing Month.
United States · United States Congress · 7 March 1985
States that the Congress: (1) reaffirms the Organization of American States declaration that the solution to Nicaragua's political problems is within the exclusive jurisdiction of the Nicaraguan people; (2) urges the President to grant political recognition to the democratic Nicaraguan Resistance; and (3) urges the President and the Organization of American States to support the Resistance.
United States · United States Congress · 6 March 1985
Age Discrimination in Employment Act Public Safety Officers Amendments of 1985 - Amends the Age Discrimination in Employment Act of 1967 to exclude State and local law enforcement officers and firefighters from coverage under such Act.
United States · United States Congress · 5 March 1985
Peremptory Challenge Act of 1985 - Amends the judicial code to require reassignment of cases in the U.S. Claims Court, a Federal district court, or a bankruptcy court to another judicial officer if all parties on one side of a case make such a request. Sets guidelines for such reassignments.
United States · United States Congress · 4 March 1985
Designates the month of October 1985 as National Spina Bifida Month.
United States · United States Congress · 28 February 1985
Money Laundering Act of 1985 - Title I: Money Laundering Offense - Amends the Federal criminal code to establish money laundering as a Federal criminal offense. Sets forth fines and penalties to be imposed against anyone who conducts transactions involving monetary instruments through a financial institution engaged in or affecting interstate commerce: (1) with the intention of carrying out specified types of unlawful activity; or (2) with knowledge that such monetary instruments represent income derived from such unlawful activity. Requires investigation of such an offense by the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Internal Revenue Service, as appropriate. Establishes extraterritorial jurisdiction over such prohibited conduct. Title II: Currency and Foreign Transactions Reporting Act Amendments - Amends the Currency and Foreign Transactions Reporting Act to authorize the Secretary of the Treasury, in order to investigate the compliance of financial institutions with Federal recordkeeping and reporting requirements with respect to monetary instruments transactions, to: (1) examine the books, papers, and records of such institutions; and (2) summon and take testimony from an institution officer or employee or other person possessing relevant reports or records. Prohibits the Secretary from delegating such authority. Title III: Wiretap Amendments - Amends the Federal criminal code to authorize wiretaps to investigate offenses involving prohibited monetary instrument transactions or failure to comply with recordkeeping and reporting requirements with respect to such transactions. Title IV: Right to Financial Privacy Act Amendments - Amends the Right to Financial Privacy Act to allow a financial institution or an officer, employee, or agent thereof to disclose to a Government authority any information in a customer's records which it believes may be relevant to a possible violation of any statute or regulation. Provides that an institution, employee, officer, or agent that discloses information based on such a good-faith belief shall not be liable to the customer for such disclosure or for any failure to notify the customer of such disclosure.
United States · United States Congress · 27 February 1985
Tobacco Deregulation Act of 1985 - Amends the Agricultural Act of 1949 to repeal tobacco price support provisions. Amends the Agricultural Adjustment Act of 1938 to repeal tobacco acreage allotment and marketing quota provisions. Amends the Food and Agriculture Act of 1965 to repeal tobacco allotment transfer provisions. Amends the Agricultural Trade Development and Assistance Act of 1954 (P.L. 480) to exclude tobacco from specified concessional export provisions. Amends the Commodity Credit Corporation Charter Act to prohibit the Commodity Credit Corporation from assisting tobacco production. Amends the Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to prohibit the issuance of tobacco marketing orders. Repeals the Tobacco Control Act. Withdraws congressional consent from any interstate compact regulating tobacco production and commerce.
United States · United States Congress · 27 February 1985
Designates October 16, 1985, as World Food Day.
United States · United States Congress · 27 February 1985
Designates 1985 as the Oil Heat Centennial Year.
United States · United States Congress · 26 February 1985
Designates the week beginning on May 5, 1985, as National Asthma and Allergy Awareness Week.
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
Provides that each item of any general or special appropriation bill and any bill or joint resolution making supplemental, deficiency, or continuing appropriations that is agreed to in the same form by both Houses of the Congress shall be enrolled as a separate bill or joint resolution for presentation to the President (line-item veto).
United States · United States Congress · 25 February 1985
Authorizes the Armored Force Monument Committee, the United States Armor Association, the World Wars Tank Corps Association, the Veterans of the Battle of the Bulge, the 11th Armored Cavalry Regiment Association, the Tank Destroyer Association, the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, and 16th Armored Division Associations, and the Council of Armored Division Associations to erect a memorial in or near Arlington National Cemetery, Virginia, to honor and commemorate the American Armored Force. Directs the Secretary of the Interior, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, to select the site and approve the design and plans. Obligates the United States to expenses of maintenance only. Requires the commencement of the erection of the memorial within five years with a certification of sufficiency of funds necessary before commencement.
United States · United States Congress · 21 February 1985
High Technology Research and Scientific Education Act of 1985 - Title I: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Title II: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporations R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 21 February 1985
Designates the week of May 12 through May 18, 1985, as National Science Week.
United States · United States Congress · 21 February 1985
Designates March 22, 1985, as National Energy Education Day.
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
Designates 1985 as the 75th Anniversary of the Boy Scouts of America.
United States · United States Congress · 20 February 1985
Designates the week beginning May 12, 1985, as National Digestive Diseases Awareness Week.
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
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 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
Comprehensive Immigration Reform and Control Act of 1985 - Title I: Control of Illegal Immigration - Part A: Employment - Amends the Immigration and Nationality Act to make it unlawful for any person to knowingly hire, recruit, or refer any alien not authorized to work in the United States. Makes it unlawful for an employer of three or more persons to hire anyone without complying with the verification procedure set forth in this Act. Sets forth such verification procedure which requires an employer to attest, under penalty of perjury, that he has examined an employee's identification papers, and requires an employee to attest to his or her citizenship or legal work status. Requires employers to keep such records for three years, or one year after an employee leaves, whichever is longer. Makes following such procedure an affirmative employer defense. Directs the President to report to the Congress within three years regarding such verification system. States that nothing in this Act shall directly or indirectly authorize the creation of a national identification card system. Sets forth graduated civil and criminal penalties for verification (pattern or practice) violations. Provides for administrative appeal. Prohibits employers from requiring employees to post indemnity bonds. Authorizes the Attorney General to bring a civil action to enjoin persons systematically violating such hiring provisions. Subjects employers to a $500 civil penalty for verification and recordkeeping violations. Requires the Attorney General to provide notice and hearing opportunity before assessing any civil penalties. Permits the Attorney General to sue in U.S. district court to collect outstanding penalties. States that the provisions of this Part preempt State and local sanctions regarding employment of unauthorized aliens. Directs the President to monitor such program and consult with the Congress every six months. States that no penalties shall be imposed for the first six months after enactment of this Act. Amends the Farm Labor Contractor Registration Act to subject farm labor contractors to the requirements of this Act, beginning seven months after enactment. Makes it illegal to fraudulently misuse or manufacture entry or work documents (up to $5,000 fine or two years' imprisonment or both). Part B: Improvement of Enforcement and Services - Authorizes FY 1986 through 1988 appropriations for the Immigration and Naturalization Service (INS). Makes it unlawful to knowingly, or in reckless disregard of the fact that an alien is not authorized to enter the United States, bring such person into the country (up to $5,000 fine or one year's imprisonment with additional penalties for a subsequent offense). Directs the Attorney General to develop an INS immigration emergency contingency plan in consultation with the congressional Judiciary committees and State and local governments. Authorizes appropriations for a Treasury immigration emergency fund. Requires INS to have an owner's consent or a warrant before entering a farm or outdoor operation to interrogate any person to determine if undocumented aliens are present. Permits the owner or operator of an international bridge or toll road to request the Attorney General to inspect and approve measures taken to prevent aliens from illegally crossing into the United States. States that such approved measures shall be prima facie evidence of compliance with obligations under such Act to prevent illegal entries. Part C: Adjudication Procedures and Asylum - Directs immigration officers to exclude without a hearing or further inquiry aliens without proper documents or without any reasonable basis for legal entry or asylum. Directs the Attorney General, after consultation with the congressional Judiciary committees, to establish procedures to assure that aliens are not excluded without an inquiry into their reasons for seeking U.S. entry. Establishes in the Department of Justice a United States Immigration Board to hear appeals from final decisions of immigration judges. States that the Board's determination shall be binding on all immigration judges, immigration officers, and consular officers unless modified by a court. Sets forth administrative and operating provisions. Replaces the existing special inquiry officer system with a system of immigration judges. Grants such judges responsibility for exclusion, deportation, asylum, and status rescission cases, as well as penalty assessments. Provides for judicial review of exclusion cases and those asylum cases encompassed within deportation or exclusion orders. States that such final orders shall be reviewed in U.S. appeals courts. Reduces the period for filing such appeals from six months to 45 days. Restricts judicial review of asylum determinations to questions of: (1) jurisdiction; (2) compliance with laws and regulations; (3) constitutionality; and (4) arbitrary decisionmaking. Prohibits judicial review decisions from reopening: (1) exclusion, deportation, or asylum determinations; (2) denials of stays of exclusion or deportation; or (3) expedited exclusions. States that such restrictions and prohibitions should not be construed as limiting habeas corpus. Revises asylum provisions to: (1) require an alien under an exclusion or deportation order to apply for asylum within 14 days and to complete such application within 30 days after notice of such order unless changed circumstances in the alien's country cause a change in asylum eligibility; (2) prohibit an alien from reapplying for asylum after having been denied such status unless such changes have occurred; (3) require asylum applications to be heard before administrative law judges having special training in international law; (4) permit legal counsel at asylum hearings; (5) require an alien to be an admissible refugee in order to be granted asylum; (6) place the burden of proof on the applicant; (7) prohibit the reopening of an application proceeding unless changed circumstances in the alien's country cause a change in asylum eligibility; (8) require application determinations to be made within 60 days after the hearing (which shall be held within 60 days of the application's filing); and (9) make asylum hearings open to the public unless the alien requests otherwise. Requires the President to nominate Board members within 45 days. Sets forth other administrative and operating provisions for the transfer of asylum proceedings from the existing special inquiry system to the administrative law judge system. Part D: Adjustment of Status - Prohibits adjustment of status to permanent resident for violators of nonimmigrant visa terms. Title II: Reform of Legal Immigration - Part A: Immigrants - Provides for: (1) additional immigrant visas for Canada and Mexico (20,000 each plus each other's unused visas from the previous fiscal year); and (2) an increase in the colonial quota from 600 to 3,000. Requires the President to submit a triennial comprehensive immigration-impact report to the Congress. Permits waiver of excludability for certain aliens coming to the United States to do research. Permits waiver of the offer of employment requirement for certain aliens in the professions or with exceptional abilities in the sciences or the arts. Permits certain alien retirees to adjust to permanent resident status. Part B: Nonimmigrants - Separates temporary agricultural labor (H-2A) from other temporary labor (H-2) for purposes of nonimmigrant worker provisions. Requires an employer H-2 visa petition to certify that: (1) there are not enough qualified U.S. workers for the job; and (2) similarly employed U.S. workers' wages will not be adversely affected. Permits the Secretary of Labor to charge application fees. Prohibits the Secretary from approving such petition if: (1) the job is open because of a strike or lock-out; or (2) the employer violated temporary worker admissions terms within the past two years. Provides with regard to temporary agricultural workers that: (1) employers need not submit such petition more than 50 days in advance of need; (2) the Secretary must decide on a petition within 20 days of need; (3) producer associations may file such petitions; and (4) the Secretary shall establish expedited procedures for review of denied petitions or de novo administrative hearings. Requires the Attorney General, in consultation with the Secretaries of Labor and Agriculture, to report annually to the Congress. Authorizes appropriations beginning with FY 1986: (1) to recruit domestic workers and monitor the nonimmigrant work program; (2) for labor certifications by the Department of Labor; and (3) for the Department of Agriculture for related duties. Expresses the sense of the Congress that the President should establish an advisory commission to consult with Mexico and advise the Attorney General regarding such temporary worker program. Establishes a nonimmigrant seasonal (perishable crops) agricultural work program. Limits visas to an 11-month maximum period. Requires such program to impose monthly and annual quotas by agricultural employment region. Sets forth a visa allocation preference system. Provides civil penalties for unlawful employment practices. Makes such workers ineligible for: (1) public assistance; and (2) status adjustment. Directs the Attorney General to establish a program trust fund. Authorizes the Secretary of State to expand and establish consulates in labor-source countries. Expresses the sense of the Congress that the President should establish related bilateral advisory commissions with such countries. Directs the Attorney General, in consultation with the Secretaries of Labor and Agriculture, to implement a three-year agricultural labor transition program. Provides for visa reductions of one-third for each of the three years. Sets forth program provisions. Requires foreign students to return to their home country for two years before being eligible to adjust to permanent resident status. Permits waiver of such requirement where a student: (1) is an immediate relative of a U.S. citizen; or (2) has an advanced American degree and faculty job offer or a job offer in other specified fields. Prohibits other foreign students and visitors admitted under the visa waiver program from adjusting to permanent resident status. States that time spent in student or trainee status shall not count for purposes of eligibility for suspension of deportation. Authorizes 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. Authorizes a visa waiver program for Guam. Title III: Legalization - Provides for the status adjustment of certain aliens who entered the United States before January 1, 1980. Authorizes the Attorney General to adjust to permanent resident status those aliens who: (1) entered the United States illegally before January 1, 1977; (2) have since resided continuously in the country; (3) are otherwise admissible; and (4) apply within a specified period. Authorizes similar status adjustment for specified aliens who entered legally as nonimmigrants but whose period of authorized stay ended before January 1, 1977. (Stipulates that in the case of exchange visitors the two-year foreign residence requirement must have been met or waived.) Authorizes the Attorney General to adjust to temporary resident status aliens who have resided continuously in the United States since before January 1, 1980, or who were given Cuban/Haitian entrant status prior to January 1, 1981. Permits such temporary resident aliens to: (1) work in the United States; (2) travel abroad; and (3) apply for permanent resident status after three years. Permits waiver of such requirements for persons 65 years or older. Provides for volunteer organization assistance in the initial application screening process. Provides penalties for providing false application information. Directs the Attorney General to establish an application fee schedule. Waives numerical limitations, labor certification, and other specified entry violations for such aliens. Permits the Attorney General to waive other grounds for exclusion (except criminal, persecution, most drug-related, and security grounds) to assure family unity or when otherwise in the national interest. Directs the Attorney General to establish a single level of administrative appellate review for adjustment applications. Makes temporary residents (other than Cuban/Haitian entrants) and permanent residents (for the first three years) ineligible for Federal public assistance (other than medical care, aid to the aged, blind, or disabled, and public health). Requires the President to report to the Congress on the impact of such adjustment program. Updates the registry date for permanent entry admissions records from June 30, 1948, to January 1, 1973. Authorizes appropriations for FY 1986 through 1989 for State legalization assistance.