United States · United States Congress · 7 May 1985
Constitutional Amendment - Declares that nothing in the Constitution shall abridge the right of persons to participate in voluntary prayer in public schools or institutions. States that no person shall be required by the United States or by any State to participate in prayer. Prohibits the United States or any State from composing words of prayer to be said in the public schools.
United States · United States Congress · 1 May 1985
Parkinsons Disease Amelioration Act - Establishes the Commission for the Amelioration of Parkinsonism Disease which shall: (1) conduct a study of the medical and social management of parkinsonism; (2) determine whether there is an appropriate balance between basic brain research and clinical research on parkinsonism and other ailments; (3) investigate and make recommendations concerning the proper roles of Federal, State, and local governments and public and private agencies in the research, prevention, and identification of Parkinson's disease and the treatment and rehabilitation of persons with Parkinson's disease; and (4) develop a national plan for the control of parkinsonism. Sets forth operating and related provisions. Requires the Commission to make a final report to the President and each House of Congress within six months. Terminates the Commission 30 days after submission of the final report.
United States · United States Congress · 29 April 1985
Designates the week beginning on April 13, 1986, as National Garden Week. Urges the wearing of garden flowers during that week as a symbol of appreciation for the contributions of the Nation's gardeners.
United States · United States Congress · 25 April 1985
Declares that whether or not the position of an agency in an adjudicative proceeding was substantially justified shall be determined on the basis of the administrative record, as a whole, in the adversary adjudication for which fees and expenses are sought. Provides that the decision on the award of legal fees and other expenses by the adjudicative officer of a Federal agency that conducts an adversary proceeding shall be the final administrative decision. Bars any such decision when the Government appeals the underlying merits of an adversary adjudication until a final and unreviewable decision is rendered by the court on appeal or until the underlying merits of the case have been finally determined pursuant to the appeal. Amends the definition of a "party" which is eligible to be awarded legal expenses to exclude any individual whose net worth exceeds $2,000,000 (currently $1,000,000) and any entity whose net worth exceeds $7,000,000 (currently $5,000,000), including any local government. Redefines an "adversary adjudication" for which such expenses may be awarded to include any appeal before an agency board of contract appeals under the Contract Disputes Act of 1978. Authorizes a party or the United States, if dissatisfied with an adjudicative officer's determination of such expenses, to appeal the determination to the appropriate U.S. court within 30 days after such determination is made. Requires a court's determination on such an appeal to be based solely on the factual record made before the agency. Authorizes a court to modify the determination only if it finds that the failure to make an award of expenses or the calculation of the amount of the award was unsupported by substantial evidence. Requires agencies to pay litigation expenses to prevailing parties from funds made available to the agency by appropriation or otherwise. Defines "civil action" to include any appeal by a party other than the United States from a decision of a contracting officer on a dispute in a Federal contract. Provides that a person shall be a prevailing party in eminent domain proceedings if the person obtains a final judgment which is at least as close to the highest valuation of the property attested to at trial on behalf of the property owner as it is to the highest valuation of the property attested to at trial on behalf of the Government. Amends the Equal Access to Justice Act to provide that certain provisions of the Social Security Act limiting attorney fees in OASDI benefit actions shall not apply with respect to the award of legal expenses to the prevailing party. Repeals the termination dates of the Equal Access to Justice Act. Authorizes awards for fees and expenses incurred before October 1, 1981, in adversary adjudication commenced on or after such date.
United States · United States Congress · 24 April 1985
Expresses the sense of the House of Representatives that: (1) the President and the Secretary of State should, in formulating U.S. foreign policy, recognize and take into account the genocide of the Armenian people, with the objective of preventing future genocide elsewhere; and (2) the President should direct his representatives to communicate in international forums the U.S. abhorrence to all genocide, including that of the Armenian people.
United States · United States Congress · 24 April 1985
Establishes in the legislative branch of the Government the Perot Commission on Americans Missing in Southeast Asia to conduct an investigation and report to the Congress its findings with respect to the existence and the release of prisoners of war in Southeast Asia. Sets forth specified administrative procedures and powers of the Commission. Requires the Commission to terminate 30 days after the filing of its report to the Congress or on January 3, 1987, whichever occurs first.
United States · United States Congress · 22 April 1985
Amends the Lanham Act to provide that prior use shall not be required as a condition of concurrent registration of a trademark if the owner of an application or registration consents to the grant of a concurrent registration to the applicant.
United States · United States Congress · 18 April 1985
Authorizes the President to call a White House Conference on Library and Information Services, to be held not later than 1989, to develop recommendations for improvement of such services and their public use. Requires that the Conference be planned and conducted by the National Commission on Libraries and Information Sciences. Authorizes the Librarian of Congress, the Director of the National Library of Medicine, and the Director of the National Agricultural Library, upon request, to detail personnel to the Commission. Requires the Conference to submit a final report to the President within 120 days following its close. Directs that the final report be made public, and within 90 days after receipt by the President, transmitted to the Congress with recommendations. Establishes an advisory committee to assist in planning and conducting the Conference. Includes among its appointed members the Secretary of Education and the Librarian of Congress. Authorizes appropriations as necessary.
United States · United States Congress · 18 April 1985
States that the Congress condemns: (1) Nicaraguan actions that hinder freedom of religion; and (2) the association of the Nicaraguan Government with international terrorist organizations, including the Palestine Liberation Organization. Calls upon the President, in communications with Nicaragua, to raise the issues of religious persecution of and compensation for members of the Jewish, Miskito, and other communities who have been forced to leave because of interference with freedom of religion.
United States · United States Congress · 17 April 1985
Daylight Saving Extension Act of 1985 - Amends the Uniform Time Act of 1966 to start daylight saving time the third Sunday of March (rather than the last Sunday of April) and to end it on the first Sunday of November (rather than on the last Sunday of October). Continues a State's right to preempt such time changes. Directs the Federal Communications Commission to make necessary adjustments in the operation of daytime standard amplitude modulation broadcast stations.
United States · United States Congress · 17 April 1985
Directs the President to take steps to ensure: (1) substantial equivalence between the number, status, and privileges and immunities of Soviet officers or employees in the United States and the number, status, and privileges and immunities of U.S. officers and employees in the Soviet Union; and (2) that comparable restrictions regarding travel, accommodations and facilities are imposed on Soviet officers and employees living in the United States as are imposed on U.S. officers and employees living in the Soviet Union. Requires the President to report to the Congress on actions taken to carry out this Act.
United States · United States Congress · 3 April 1985
Narcotics Importation, Manufacture, and Control Act - Amends the Controlled Substances Import and Export Act to increase the criminal penalties for: (1) importing or exporting controlled substances; (2) bringing or possessing on board a vessel, aircraft, or vehicle a controlled substance; and (3) manufacturing or distributing a controlled substance. Prohibits granting a suspended or probationary sentence for persons convicted of such offenses. Denies such persons eligibility for parole. Permits imposing criminal penalties for attempts or conspiracies to commit such offenses. Requires such penalties to be imposed in the same manner and to the same extent as is prescribed for actually committing the offenses involved. Prohibits granting a suspended or probationary sentence for persons convicted of such attempts or conspiracies and denies such persons eligibility for parole if such sentences and parole are precluded for actually committing the offenses involved. Requires that any person who manufactures a controlled substance shall be imprisoned for the entire maximum term of imprisonment for such violation. Prohibits granting a suspended or probationary sentence and denies such persons eligibility for parole.
United States · United States Congress · 3 April 1985
Broadcast Licensing, Renewal, and Deregulation Act of 1985 - Amends the Communications Act of 1934 to establish new procedures for reviewing petitions to deny broadcast license applications. Requires the Federal Communications Commission (FCC) to grant a license renewal application by a radio or television broadcast station licensee unless the actions of the licensee evidence such serious disregard for the Communications Act and for the rules and policies of the FCC that denial of the application is justified. Prohibits the FCC from considering the applications of other persons for a broadcast station's facilities when the FCC is acting upon a license renewal application by a radio or television broadcast station. Permits persons holding construction permits or station licenses to transfer the permit or license without first obtaining an FCC finding that the transfer serves the public interest. Requires the FCC to be notified of such transfer. Provides for public notice of the transfer. Provides for disposition by the FCC of objections to such transfer. Prohibits the FCC from considering whether the public interest would be served by the transfer. Repeals certain provisions relating to the application of the antitrust laws to broadcast licensees. Prohibits the FCC from imposing requirements on radio or television licensees relating to: (1) types of programs; (2) programming formats; (3) ascertainment of the needs or interests of their service areas; (4) commercials; and (5) maintenance of program logs.
United States · United States Congress · 2 April 1985
Military Chaplains Faith Balance Act of 1984 - Directs the Secretary of Defense to increase the representation of underrepresented religious faiths among armed forces chaplains.
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 · 2 April 1985
Design Protection Act of 1985 - Amends the copyright law to provide for the protection of original industrial designs of useful articles, except designs that are: (1) not original; (2) staple or commonplace; (3) determined solely by a utilitarian function; (4) composed of three-dimensional features of shape and surface in wearing apparel; or (5) a semiconductor chip product already protected under another provision. States that protection for a design shall be available for subject matter usually excluded if the design is a substantial revision, adaptation, or rearrangement of such subject matter. Sets the term of protection at ten years. Requires the design to be marked with a design notice when it is made public. States that omission of such notice shall not cause loss of protection or prevent recovery for infringement against any person who receives written notice of the protection. Specifies the criteria for determination of infringement of a protected design. Provides that protection of a design shall be lost if application for registration is not made within one year after the date on which the design is first made public. Provides procedures for application for the protection of a design. Specifies the ownership and transfer rights of designs subject to protection. Provides remedies for infringement of a registered design, including injunctive relief and damages. Allows judicial review of a final refusal of the Register of the Copyright Office to register a design. Prescribes penalties for fraudulent registration, false marking, and false representation of any design. Provides that this Act shall take effect one year after the date of enactment. States that no design made public prior to the effective date shall be protected. Provides protection of a pictorial, graphic, or sculptural work in which copyright subsists if such work is utilized in an original design of a useful article.
United States · United States Congress · 2 April 1985
World War I Veterans' Service Pension Act - Directs the Administrator of Veterans Affairs to pay a monthly pension of $150 to each veteran of World War I who meets specified service requirements. Requires such veteran, if receiving another pension administered by the Veterans Administration (VA), to elect which pension he will receive. Provides for the payment of a monthly pension of $100 to surviving spouses of World War I veterans who meet certain marriage requirements. Requires such surviving spouses to choose between pensions if they are currently receiving another pension through the VA.
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
Amends the Internal Revenue Code to permit States and local governments to provide statements of tax refunds, credits, and offsets to individuals at any time during the calendar year for which such governments make a return, but not later than January 31 of the year following the year of the return. (Current law requires such statements to be furnished in January of the year following the year of the return.)
United States · United States Congress · 20 March 1985
Fair Allocation of Government Fault Act - Directs a State court or a U.S. district court in any civil action brought by a Government employee (including a member of the U.S. armed forces or the National Guard) alleging liability of a Government contractor for harm concerning which the employee is entitled to receive Federal benefits: (1) at the request of any party, to make findings of fact as to the proportion of fault of the United States in causing such harm; and (2) to reduce any judgment of liability rendered against the contractor by the proportion of fault of the United States. Reduces the amount the United States is entitled to be reimbursed through right of subrogation for Federal benefits provided as a result of harm for which a contractor is liable by the proportion of fault of the United States. Prohibits any reduction of a judgment against a contractor in a civil action unless the contractor notifies the U.S. Attorney General, within 90 days after such civil action is filed, that the contractor intends to seek an equitable reduction of liability. Allows the United States 90 days after receipt of such notice to intervene as a party in such action. Sets forth factors to be considered by the court in determining the proportion of fault of the United States. Requires the United States to hold harmless and indemnify a contractor against any liability (for damages arising from personal injury, illness, or death or from damage to, or loss of use of, property) resulting from goods or services supplied pursuant to a Government contract to the extent such liability exceeds the amount of commercial insurance or qualified self-insurance protection the contractor is required to carry under the contract. Prohibits such indemnification of a contractor: (1) if the goods or services supplied under the contract are also sold by the contractor to nongovernmental purchasers for identical application or for nongovernmental use; (2) for liability caused by the gross negligence, willful misconduct, or lack of good faith of any of the directors, officers, or managing officials of the contractor; and (3) for liability resulting from any claim or action against the contractor unless the contractor notifies the contracting agency of such claim or action within a reasonable time. Permits the United States to control or assist in the settlement or defense of any such claim or action which can reasonably be expected to give rise to a claim for indemnification. Requires a contractor seeking indemnification to present a claim to the contracting agency. Allows a contractor aggrieved by the agency's determination to appeal such determination under the Contract Disputes Act of 1978. Permits the United States to discharge its indemnification obligation by making direct payments from specified funds to the contractor involved or the third persons to whom the contractor may be liable. Provides that the provisions of the Act shall not apply with respect to any risks against which indemnification may be obtained under the Atomic Energy Act of 1954. Declares that nothing in this Act shall be construed to create any liability of the Government to any person other than to contractors for indemnification.
United States · United States Congress · 19 March 1985
Textile and Apparel Trade Enforcement Act of 1985 - Limits the total quantity of 1985 imports of textiles and textile products from a major exporting country to the lesser of an amount equal to 101 percent: (1) of the total quantity of textile products imported from such country if the total had increased by six percent annually (one percent annually for wool products) during 1981 through 1984; or (2) if the United States has an agreement with such country providing for an annual growth rate of less than six percent, of the total quantity of such products from such country imported during 1984. Limits the total quantity of 1985 imports of textiles and textile products from an exporting country to an amount equal to the total quantity of such products imported from such country during 1984 plus: (1) 15 percent of such quantity in the case of a category that is not an import sensitive category; or (2) one percent in the case of an import sensitive category. Provides for changing the classification of a country, except for a Caribbean country, from an exporting country to a major exporting country if the total textile imports from such country equals or exceeds one and one-quarter percent of all textiles imported into the United States. Sets forth a formula for adjusting the growth of textile imports annually. Sets forth certain minimum quantities of textile imports that all countries shall be allowed to export to the United States. Requires the Secretary of Commerce to enforce this Act. Directs the Secretary, within six months of enactment of this Act, to establish an import licensing system under which an importer of textiles will be required to present an import permit as a condition of entry of such textiles. Directs the President to report to the Congress annually on the administration of this Act.
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 · 28 February 1985
Regulatory Oversight and Control Act of 1985 - Title I: Agency Rulemaking Improvements - Requires each executive agency and each independent regulatory agency to include in the notice of a proposed rule an explanation of the agency's determination as to whether the rule is a major rule. Directs each agency, before or upon publishing notice of a proposed rulemaking proceeding for a major rule, to issue statements concerning: (1) the need for the rule; (2) the reasonable alternative approaches; (3) regional differences; (4) the benefits, costs, and effectiveness of the proposed rule and alternatives; (5) the advantages and disadvantages of adopting performance standards rather than design standards; (6) the technical information the agency will rely on in making the rule; and (7) the statutory authority of the agency to regulate any areas previously regulated only by State law. Requires that each agency issue additional statements upon providing notice of the promulgation of a major rule, including a statement of its determination that the benefits of the rule will justify the costs of the rules and that the rule will achieve rulemaking objectives in a more cost effective manner than the alternatives. Directs each agency to: (1) include in the notice of each proposed and final major rule, instructions on how the public may obtain copies of agency statements on such rule; (2) send a copy of all statements required at the notice and publication of a major rule to the President; and (3) include such statements and any technical information considered in the rulemaking file. Requires agencies to provide for oral presentations at informal public hearings as part of the rulemaking proceedings for major rules. Directs agencies to allow cross-examination of persons presenting information if necessary to resolve significant issues of fact. Directs agencies to regulate such public hearings so as to ensure orderly and expeditious proceedings. Allows an agency to delay completing the rulemaking requirements of this Act if it publishes a finding that complying with such requirements before making the rule would be impracticable, unnecessary, or contrary to the public interest. Requires an agency to complete such requirements as soon as practicable after promulgating the rule unless the rule will expire within two years. Sets forth provisions governing the judicial review of agency compliance with rulemaking and rule review requirements of this Act and the President's compliance with oversight requirements. Directs the President to: (1) establish procedures for agency implementation of the requirements of this title; (2) afford the public an opportunity to comment on such procedures before adoption; and (3) monitor, review, and comment on agency compliance with such requirements. Permits the Comptroller General to review agency compliance with this Act. Requires each agency to publish in the Federal Register, semiannually, a regulatory agenda containing a list of all rules the agency expects to propose, promulgate, repeal, modify, or review in the next year and specified information concerning such rules. Requires publication of the agendas of all agencies in a single issue of the Federal Register. Directs each agency to publish for public comment a proposed schedule for the review of its existing major rules and other rules that may be added by the agency or the President. Declares that each such rule shall cease to be effective not more than ten years after the date the final schedule is published. Directs each agency to publish its responses to public comments upon publishing the final schedule. Requires an agency to include with the publication of a major rule the date, within ten years, on which the rule will expire and the date by which the rule must be reviewed. Directs each agency to: (1) publish a notice of the initiation of the review of a rule; (2) describe the costs, benefits, problems, and alternatives to the rule; (3) provide a period for public comment; and either (4) conduct a rulemaking proceeding to reissue or amend the rule; or (5) publish an explanation of its decision to allow the rule to expire. Allows agencies to alter review schedules if the President agrees. Eliminates the exemption of rules concerning loans, grants, and benefits from notice and comment rulemaking requirements. Requires that the notice of a proposed rulemaking include: (1) a statement of the objectives of the rule; (2) a statement that the agency seeks proposals from the public of alternative methods; and (3) a statement of where the file of the rulemaking proceeding may be inspected or how file copies may be obtained. Requires an agency to: (1) provide a period of at least 60 days after publishing a notice of proposed rulemaking for the public to submit comments on a proposed rule; and (2) include the agency's response to such comments in the statement published with the adopted rule. Prohibits an agency from relying on any material of central relevance in a rulemaking if the material is not included in the rulemaking file or the public has not had an opportunity to comment on the material. Directs each agency to maintain a public file on each rulemaking proceeding. Allows an agency to exclude from such file any material relied upon which is exempt from public disclosure under the Freedom of Information Act, if a statement of the basis for such exclusion is included. Requires a court reviewing an agency action: (1) not to accord any presumption in favor of or against agency action; (2) in determining questions of law other than statutory jurisdiction, to give the agency's interpretation such weight as it warrants considering the agency's authority under law; (3) in making determinations concerning statutory jurisdiction, to determine whether the action is within the agency's jurisdiction on the basis of the statutory language or other indications of legislative intent; and (4) in determining whether the adoption of a rule is in accordance with law, to consider whether there is substantial support in the rulemaking file for the agency's factual determinations. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within ten days, the Administrative Office of the United States Courts shall select, by a system of random selection, the court in which the record shall be filed. Authorizes the courts to postpone the effective date of the agency action as necessary to permit designation of the court of record. Prohibits agencies from paying expenses of persons participating or intervening in agency proceedings except as specifically authorized by statute. Title II: Congressional Review of Agency Rules - Requires each agency to transmit a copy of each rule it promulgates to the House of Representatives and the Senate. Declares that such rule shall be considered only as a recommendation of the agency to Congress. Prohibits a major rule from taking effect unless a joint resolution approving the rule is enacted within 90 days. Prohibits a rule other than a major rule from taking effect if a joint resolution disapproving the rule is enacted within 90 days. Prohibits an agency from promulgating a new rule that is substantially the same as a major rule that was not approved or any other rule that was disapproved. Directs the Comptroller General, at the request of a committee of either House which has primary legislative jurisdiction over a rule or on his or her own initiative, to inform such committee as to whether the rule is consistent with the statutory authority under which it was promulgated. Exempts an emergency rule from such congressional review requirements if the agency submits to the appropriate congressional committees a written notice of: (1) its determination that the rule is an emergency rule; (2) the time period (limited to 210 days) during which the rule will be effective; and (3) its intention to issue a final rule, if necessary, when such emergency rule expires. Sets forth House and Senate procedure for the consideration of such resolutions of approval or disapproval. Declares that: (1) congressional inaction on or rejection of a resolution disapproving a rule shall not be deemed an expression of approval of that rule; and (2) enactment of a resolution approving a major rule shall not be construed to create any presumption of validity with respect to such rule and shall not affect the judicial review of such rule. Title III: Regulatory Oversight and Control Amendments to House Rules - Amends the Rules of the House of Representatives to establish a Regulatory Review Calendar to which all resolutions for the approval or disapproval of agency rules shall be referred. Provides for the consideration of the resolutions on such Calendar on the first and third Monday and the second and fourth Tuesday of each month. Declares that it shall be in order during the reading of a general appropriation bill to consider any germane amendment proposing a limitation restricting the implementation of an agency rule, other than a major rule, for which a resolution of disapproval has not been considered by the House, or has been passed by the House but not enacted, within the time required under this Act. Requires each standing committee of the House to consider and adopt its oversight plans in a meeting which is open to the public by March 1 of the first session of a Congress. Directs each such committee to: (1) consult with other congressional committees with jurisdiction over the same areas to assure that such areas are reviewed in the same Congress and that there is maximum coordination and cooperation between such committees in conducting such review; (2) give priority to the review of programs under permanent budget or statutory authority; and (3) attempt to ensure that all laws, programs, activities, and agencies within its jurisdiction are reviewed at least once every ten years. Requires each committee to submit its final plans to the Committee on Government Operations which shall report all such plans to Congress with recommendations to assure the effective coordination of such plans. Authorizes the Speaker of the House, with the approval of the House, to appoint special ad hoc committees to review specific matter within the jurisdiction of two or more standing committees. Requires each committee to include in its biennial report to the House separate sections summarizing the legislative and oversight activities of that committee. Declares that it shall not be in order in the House to consider a primary expense resolution for any committee that has not submitted its oversight plans to the Committee on Government Operations.
United States · United States Congress · 28 February 1985
Directs the President to report quarterly to the Congress on all outstanding loans, loan guarantees, credits, and grants issued by the Federal Government or by a multilateral organization of which the United States is a member to the government of a Communist country or to any person on behalf of (or any entity controlled by) a Communist country. Specifies information to be included in the report.
United States · United States Congress · 26 February 1985
Amends the Internal Revenue Code to extend the residential energy income tax credit for solar energy property for five years (from 1985 to 1990). Phases out the percentage of expenditures which may be taken into account for such credit between the years 1986 and 1990. Limits to $6,000 the maximum amount of expenditures for solar hot water systems which may be taken into account for purposes of such credit. Specifies additional standards which solar hot water systems and active space heating systems must meet in order to qualify for such credit. Increases and extends for five years (from 1985 to 1990) the energy investment tax credit for specified types of solar energy property.
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
Administrative Law Judge Corps Act - Amends Federal law to establish, in Washington, D.C., an Administrative Law Judge Corps (the Corps) comprised of all current administrative law judges. States that the chief administrative law judge shall be the chief administrative officer of the Corps as well as its presiding judge. Specifies the qualifications for chief judge. States that such judge shall be appointed by the President, with the advice and consent of the Senate. Directs the chief judge to submit a written report to the President and the Congress. Establishes divisions (to number between four and ten) within the Corps, with each division headed by a division chief judge appointed by the President, with the consent of the Senate. Identifies initial divisions and their respective areas of jurisdiction. Specifies qualifications required for division chief judges. States that the Corps' policymaking body shall be the Council of the Corps (the Council), comprised of the chief judge and the division chief judges. Authorizes the Council to approve or disapprove: (1) the assignment of judges to divisions; (2) creation, abolition, or reorganization of divisions; and (3) re-assignments of division chief judges. Authorizes the Council to determine matters of general Corps policy, including: (1) the issuance of regulations for Corps proceedings; (2) creation or abolition of divisions or regional offices; (3) contractual transactions; and (4) delegation of functions to division chief judges. Establishes a Judicial Nomination Commission (the Commission) to submit a list of qualified nominees for positions of chief judge and division chief judges. Specifies officials who shall appoint a member to the Commission. Sets the terms of initial Corps appointments and the procedure for filling vacancies. Prescribes a procedure for recommending appointments to the President. Directs the Corps to appoint new judges from a register maintained by the Office of Personnel Management. Confers jurisdiction upon members of the Corps to adjudicate cases under specified sections of the Administrative Procedure Act. Requires cases arising under such sections to be referred to the Corps. Directs the Council to issue regulations for assigning such cases. Provides guidelines for the removal and discipline of administrative law judges. Establishes a Complaints Resolution Board within the Corps to recommend action upon complaints against the official conduct of judges. Details the membership of such Board and the procedures to be followed. Declares Board proceedings and the contents of complaints to be privileged and confidential. Exempts documents and reports considered by the Board from the disclosure and publication requirements of the Freedom of Information Act. Exempts the Board from compliance with the public meeting requirements of specified Federal law. Authorizes appropriations.
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 · 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 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.
![Official portrait of Rep. Moorhead, Carlos J. [R-CA-22]](https://www.congress.gov/img/member/m000926_200.jpg)