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 · 7 February 1985
Nuclear Powerplant Standardization Act of 1985 - Title I: Licensing and Regulatory Process - Amends the Atomic Energy Act of 1954 to require the Nuclear Regulatory Commission to establish procedures, standards, and criteria permitting the approval of standardized ten-year facility designs. Declares that a design approval shall be considered to be a license for the purpose of such Act. Requires the Commission to establish procedures for an additional ten-year renewal of such a design approval. Requires the Commission to establish procedures, standards, and criteria permitting the approval of a site or sites for one or more utilization or production facilities for industrial or commercial purposes for a period of ten years. Authorizes the Commission, after a determination that a proposed site is suitable, to issue a permit which shall be considered to be a license. Requires the Commission to establish procedures for a ten-year renewal of site permits. Requires that before issuance of construction and operating licenses: (1) an opportunity be provided for public hearings; and (2) the applicant establish competency to construct and operate the facility in conformity with the application. Requires the holder of a license to notify the Commission of the proposed date of initial operation at least nine months before commencement. Directs the Commission to adopt regulations establishing criteria to govern all modifications of Commission regulatory requirements. Declares that the Commission, in making any determination under this Act, need not consider or reconsider any issue that has been resolved in any other proceeding under this Act, in the absence of significant new information substantially affecting the conclusions reached in the other proceeding. Title II: Technical and Conforming Amendments - Amends the Atomic Energy Act of 1954 to conform to the provisions of this Act.
United States · United States Congress · 7 February 1985
Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Places the burden of proof upon the party asserting that a product was not produced with the patented process in an infringement action where the court finds a substantial likelihood that the product was so produced and the claimant has exhausted all means of discovery.
United States · United States Congress · 6 February 1985
Amends the National Traffic and Motor Vehicle Safety Act of 1966 to revise restrictions on certain imported vehicles that do not conform to Federal standards. Authorizes the Secretary of Transportation to exempt certain motor vehicles or equipment from such restrictions for purposes of research, investigation, study, demonstration, training, national security, competitive racing events, or completion in the United States of an incomplete foreign-built vehicle or equipment item. Authorizes the Secretaries of Transportation and of the Treasury to promulgate joint regulations which authorize the importation of non-conforming vehicles or equipment if an individual has never imported such a vehicle before and seeks to do so for personal use to meet unforeseen cases of extreme hardship or extraordinary circumstances.
United States · United States Congress · 6 February 1985
Repeals the program providing for residential energy conservation plans for public utilities and home heating suppliers and the energy conservation program for commercial buildings and multifamily dwellings under the National Energy Conservation Policy Act.
United States · United States Congress · 6 February 1985
Firearms Owners' Protection Act - Title I: Amendments to Title 18, United States Code - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition, "engaged in the business," with respect to manufacturers, dealers, and importers. Defines as a manufacturer, dealer, or importer of firearms a person who manufactures or deals in a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Allows for the sale or delivery of any firearm to a resident of a State other than a State in which the licensee's place of business is located if such sale or delivery complies with the laws of both States. Presumes a licensee to have actual knowledge of the published laws of the State. Requires such transfer to be face to face. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the armed forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Declares that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements, under specific circumstances. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee where such individual is not convicted of such charges. Allows the Government to voluntarily dismiss criminal charges prior to trial and still proceed with revocation. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has reasonable cause to believe that a violation has occurred and that evidence may be found on the premises. Requires a warrant to be issued for such search. Restricts the kind of firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Makes it a defense to a prosecution under this section that the conduct constituting the offense consisted of simple carelessness. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Gun Control Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions by allowing such a person to appeal a denial to the U.S. district court. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Declares any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 6 February 1985
Makes provisions of the Voting Rights Act of 1965 that require that ballots and other election materials be available in a language other than English inapplicable to elections taking place after enactment of this Act. Declares that nothing in this Act prohibits States from providing such materials in another language if required by local conditions.
United States · United States Congress · 4 February 1985
Energy Consumer Regulatory Reform Act of 1985 - Amends the Energy Conservation and Production Act and the Energy Reorganization Act of 1974 by repealing provisions relating to energy conservation improvements to buildings. Repeals provisions of the National Energy Conservation Policy Act and the Energy Security Act relating to residential energy conservation service and commercial and apartment energy conservation service. Repeals energy efficiency standards and requirements for consumer products other than automobiles under the Energy Policy and Conservation Act. Amends the Public Utility Regulatory Policies Act of 1978 to repeal retail regulatory policies for electric and gas utilities. Repeals provisions of the Energy Conservation and Production Act relating to electric utility rate design initiatives. Amends the Energy Policy and Conservation Act by repealing provisions relating to State energy conservation programs and general emergency energy authorities. Repeals the Emergency Energy Conservation Act of 1979.
United States · United States Congress · 31 January 1985
Amends the Housing and Community Development Act of 1974 regarding urban development action grant criteria to require at least one-half of aggregate grant amounts to be made solely on the basis of specified criteria, of which job creation, especially for low-income persons and minorities, shall be given priority. Requires a report to the Congress.
United States · United States Congress · 31 January 1985
Scout Commemorative Coins Act - Amends Federal law to direct the Secretary of the Treasury to mint and issue Boy Scouts of America and Girl Scouts of the United States of America half dollar coins commemorating the 75th anniversary of the Scouts of America. Limits the number of coins that may be minted and sets forth certain features of such coins. Directs the Secretary to sell the minted coins for a certain price or for a price equivalent to the average cost of minting and distributing such coins. Authorizes appropriations.
United States · United States Congress · 24 January 1985
Federal Laboratory Technology Utilization Act of 1985 - Authorizes Federal agencies to permit their laboratories to enter into cooperative research and development arrangements with other Federal, State, and local agencies, universities, industrial organizations, or other persons including licensees of inventions owned by the Federal agency or general partners of research and development limited partnerships. Permits such laboratories to exchange funds, services, and property with collaborators, grant such collaborators patent licenses or assignments, waive Federal ownership of inventions made by a collaborator, and negotiate licensing agreements for federally owned inventions. Sets forth a formula for the distribution of royalties or other income received by such laboratories from the licensing of cooperatively produced inventions to Federal agency employee inventors, the laboratories themselves, and the Treasury. Requires affected Federal agencies to report annually to the appropriate congressional committees on the income from and distribution of royalties. Directs the Secretary of Commerce to provide procedures, training, and advice to Federal laboratories on recognizing the commercial potential of new technologies and inventions. Requires the Secretary to report biannually to the President and the Congress on Federal agency participation in this program. Makes it the policy of the Government to encourage the commercialization of inventions by Federal or former Federal employees made by them during their Federal employment and exempts such efforts from otherwise applicable violations. Permits such an employee to retain title to an invention (subject to retention by the Government of a nonexclusive license) unless the agency intends to file a patent application itself in order to promote commercialization. Sets forth other permissible conditions on such an inventor's title.
United States · United States Congress · 24 January 1985
Constitutional Amendment - Proclaims the English language to be the official language of the United States. Prohibits the United States or any State from requiring the use of any other language. States that this article shall not prohibit educational instruction in a language other than English for the purpose of making students proficient in English. Authorizes the Congress and the States to enforce this article by appropriate legislation.
United States · United States Congress · 22 January 1985
Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies for Veterans Administration (VA) adjudication purposes the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Requires the chairman of the Board of Veterans' Appeals to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees in successful veterans' claims brought before a court as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 22 January 1985
Repeals the requirement added by the Tax Reform Act of 1984 relating to the maintenance of contemporaneous records with respect to: (1) business travel expenses, including automobile expenses; (2) business entertainment expenses; and (3) expenses for gifts.
United States · United States Congress · 22 January 1985
Preborn Children's Civil Rights Act of 1985 - Prohibits Federal involvement in the performance of abortions, except that Federal funds may be used for medical procedures required to prevent the death of the mother or the preborn child. Includes the following activities within the scope of this provision: (1) use of appropriated funds to counsel or encourage an abortion; (2) use of appropriated funds to reimburse or refer for abortions; (3) use of funds for research with respect to abortion; or (4) contracting for insurance which pays or reimburses for abortion. Prohibits any institution receiving Federal funds from discriminating against any employee, applicant, or student because of such person's opposition to abortion. Prohibits the granting of attorney fees in a civil action involving a law, ordinance, or regulation prohibiting abortion. Provides for Supreme Court review with regard to a law, ordinance, or regulation prohibiting abortion which a lower Federal court declares unconstitutional.
United States · United States Congress · 3 January 1985
Davis-Bacon Reform Act of 1985 - Amends the Davis-Bacon Act to increase from $2,000 to $1,000,000 the threshold dollar amount subjecting certain contracts to such Act and requiring them to specify the minimum wages to be paid to laborers and mechanics. Directs the Secretary of Labor to establish as the prevailing wage for a class of laborers or mechanics the entire range of wages being paid to a corresponding class of such workers in the particular urban or rural subdivision of the State in which the work is to be performed. Excludes from the computation of wages the basic hourly rates of pay for workers on local Federal projects. Establishes a separate classification for helpers of laborers or mechanics. Amends the Copeland Anti-Kickback Act to require certain contractors or subcontractors to furnish compliance statements concerning weekly wages at the beginning and conclusion of the period covered by the contract, instead of every week as the wages are paid.
United States · United States Congress · 3 January 1985
Amends the Internal Revenue Code to repeal rules relating to the determination of the issue price of certain debt instruments issued for property. Amends the Tax Reform Act of 1984 to repeal the revisions made to rules for the imputation of interest on certain deferred payments. Provides that the Internal Revenue Code shall be applied and administered as if such revisions had not been enacted.
United States · United States Congress · 3 January 1985
Federal Constitution Convention Amendment Act - Sets forth procedures for holding constitutional conventions for proposing amendments to the Constitution. Requires that both Houses of the Congress agree to a concurrent resolution calling for a convention whenever they determine that at least two-thirds of the States have submitted valid applications for the calling of a constitutional convention upon the same subject. Entitles each State to the same number of delegates at such convention as it has Senators and Representatives in the Congress, with one delegate elected from each congressional district and two at large. Authorizes the convention to propose constitutional amendments by a two-thirds vote of the total number of delegates. Provides that an amendment shall become valid when ratified by three-fourths of the States. Permits a State to rescind its ratification.
United States · United States Congress · 3 January 1985
Permits members of the clergy and members of the uniformed services to deduct expenses related to tax-exempt housing allowances and subsistence allowances without regard to the operation of Revenue Ruling 83-3.
United States · United States Congress · 3 January 1985
Electric Consumers Protection Act of 1985 - Amends the Federal Power Act to require the Federal Energy Regulatory Commission to issue a new license to an existing licensee for a hydroelectric project authorized under such Act if the United States does not, upon the expiration of the existing license, exercise its right to take over, maintain, and operate such licensee's project, unless the Commission determines that such licensee's project will not meet the licensing standards under such Act. Provides that if the Commission determines that such licensee's project does not meet such standards, the Commission is authorized to issue a new license to a new licensee which may cover the existing licensee's project provided that the new licensee pays just compensation determined by the Commission and enters into any contracts required under the Federal Power Act. (Under current law, the Commission is authorized to issue a new license to the original licensee or a new license to a new licensee if the United States does not exercise its rights with respect to an expired license.)
United States · United States Congress · 3 January 1985
Amends the Export-Import Bank Act of 1945 to prohibit the Export-Import Bank from guaranteeing, insuring, extending credit, or participating in extensions of credit to: (1) communist countries or agencies, instrumentalities, or nationals of communist countries; or (2) any other foreign country, agency, instrumentality, or national if the transaction is to be made with respect to a product or service which is for use in or sale or lease to a communist country. Repeals specified provisions of such Act which permit such transactions. Amends the Trade Act of 1974 to prohibit nonmarket economy countries from participating in any U.S. program or U.S. supported program which extends credits, credit guarantees, or investment guarantees, or makes grants. Repeals the President's authority to waive the freedom of emigration requirements which must be met in order to permit trade with nonmarket economy countries. Terminates any existing credits, guarantees, or grants. Repeals the procedure for waiving the President's authority.
United States · United States Congress · 3 January 1985
Constitutional Amendment - Permits the President to disapprove any item of appropriation in any Act or joint resolution, except an item of appropriation for the legislative branch or the judicial branch. Requires the President to return with his objections any item of appropriation disapproved to the House in which the bill originated. Subjects such bills to the same proceedings as other bills disapproved by the President.
United States · United States Congress · 3 January 1985
Constitutional Amendment - Allows the President an item veto of appropriations bills. Requires the President, in signing such a bill, to designate the provisions disapproved and return the bill to the House in which it originated. Subjects such bills to the same proceedings as other bills disapproved by the President.
United States · United States Congress · 3 January 1985
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are not greater than total receipts. Permits the Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Requires the President and the Congress to ensure that actual outlays do not exceed the outlays set forth in such statement. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless the Congress passes by a three-fifths vote a bill directed solely to approving specific additional receipts and such bill has become law. Requires the President, prior to each fiscal year, to transmit to the Congress a proposed statement of receipts and outlays for that year consistent with the provisions of this article. Permits the Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.
United States · United States Congress · 3 January 1985
Establishes the Joint Committee on Intelligence. Declares that such committee has exclusive legislative jurisdiction with respect to any intelligence activity of the Federal Government and authorizations for appropriations for specified agencies and intelligence-related activities. Directs the joint committee to classify its information and records and to establish guidelines for their maintenance, use, and availability. Sets forth procedures for the disclosure of such information. Directs the joint committee to establish and carry out rules and procedures necessary to prevent the unauthorized disclosure of information. Makes conforming amendments to the Rules of the House of Representatives, including abolishing the Permanent Select Committee on Intelligence, and the National Security Act of 1947.
United States · United States Congress · 20 September 1984
Patent Law Amendments Act of 1984 - Title I: Patent Improvement Provisions - Amends the patent laws to make it an infringement of patent to import or sell in the United States without authority a product made in another country by a process patented in the United States. Makes it an infringement of patent to supply without authority in or from the United States the material components of a patented invention in such a manner as to actively induce their combination outside the United States if their combination in this country would constitute an infringement. Makes it an infringement to supply without authority in or from the United States any component of a patented invention especially adapted for use in that invention and not a staple of commerce suitable for noninfringing uses, knowing that such component will be combined outside the United States in a manner which would constitute infringement were it to occur inside the United States. Authorizes the Commissioner of Patents and Trademarks to publish a statutory invention registration containing the specifications and drawings of a regularly filed application for a patent without examination if the applicant waives the right to receive a patent on the invention within a prescribed period and pays established fees. Makes such registration effective upon publication. Endows such registration with all the attributes of a patent except the right to compensation for Government-ordered secrecy and for infringement. Modifies the procedure for filing a patent application in a foreign country to eliminate the need for a license for modifications of explanatory information transmitted to or filed in a foreign country for patents on which no secrecy order has been issued. Eliminates criminal penalties for the failure to obtain a license for a patent application that is not subject to a secrecy order. Excludes from prior art (knowledge held by a person having ordinary skill in the art to which the subject matter of the patent applies) unpublished information developed by a person other than the applicant when the subject matter and invention claimed were owned by the same person or entity at the time the invention was made. (Subject matter deemed prior art is non-patentable.) States that when joint inventors jointly apply for a patent they need not have made a contribution to each claim contained in the application. Permits arbitration of issues arising when a patent application is made which would interfere with any pending or unexpired patent (patent interference). Title II: Patent and Trademark Office Procedures - Merges the Board of Appeals and the Board of Patent Interferences into the Board of Patent Appeals and Interferences. Title III: National Commission on Innovation and Productivity - Establishes a National Commission on Innovation and Productivity to review and study the level of innovation and productivity of employed inventors. Requires that the study include an analysis of methods available from domestic and foreign sources to stimulate individual and corporate innovation and productivity. Sets forth terms and conditions of Commission membership and operation. Authorizes the Commission and the Federal agencies to cooperate in the gathering of information. Directs the Commission to report to the President and Congress on an interim basis, with a final report due within two years after enactment of this Act. Terminates the Commission within a specified period after the final report is filed. Authorizes appropriations. Title IV: Miscellaneous Provisions - Permits the basic fee portion of an international fee to be paid within one month of filing rather than upon filing. States that the designation of the United States as the country in which patent is sought in an international patent filed under the patent cooperation treaty shall continue to have effect until the international application is withdrawn, if a claim for the benefit of a prior filing date is made before such application is ultimately withdrawn. Renders permissible (rather than mandatory as under current law) the receipt from the International Bureau of all international applications and search reports for international applications designating the United States. Permits the Commissioner to fix a later time for the completion of certain requirements than the commencement of the national stage of an international application. States that failure to submit a copy of the application by commencement and lack of compliance with other specified requirements shall be regarded as abandonment of the application. Permits the Commissioner to receive a verification of the translation of an international application. (Under current law such receipt is mandatory.) Permits a surcharge to be levied as a condition for accepting the national fee or the oath or declaration if these requirements are not met by the commencement of the national stage. Eliminates the special fee and restoration of patent provisions for claims not searched in the international stage and later found not to comply with the requirement for unity of invention under the treaty. Prohibits the collection of fees for maintaining a plant patent in force. Sets the rate of compensation for members of the Trademark Trial and Appeal Board of the Patent and Trademark Office.
United States · United States Congress · 20 September 1984
Trademark Amendments Act of 1984 - Amends the Lanham Trademark Act to state that the exclusive test for determining whether a registered trademark has become a common descriptive name (generic) and therefore cancellable is whether the relevant public understands that the trademark is functioning as a mark rather than as generic.
United States · United States Congress · 12 September 1984
Public Broadcasting Amendments Act of 1984 - Amends the Communications Act of 1934 to authorize appropriations for FY 1985 through 1987 to be used by the Secretary of Commerce to assist in the planning and construction of public telecommunications facilities. Repeals a provision that requires 75 percent of the funds appropriated for such purposes in a fiscal year to be available to extend delivery of public telecommunications services to areas not receiving such services. Authorizes appropriations, to match up to a specified amount of non-Federal contributions to public broadcasting entities, for the Public Broadcasting Fund for FY 1987 through 1989. Repeals a provision that requires that a specified portion of the amount made available to the Corporation for Public Broadcasting from the Fund be earmarked for expenses of research, training, technical assistance, engineering, instructional support, and the payment of interest on obligations. Repeals provisions requiring a public telecommunications entity to refund to the Corporation for Public Broadcasting an amount of Federal funds equal to the amount of any unrelated business income tax paid by such entity.
United States · United States Congress · 6 September 1984
Correctional Improvements Act of 1984 - Amends the Federal criminal code to extend the escape from custody offense to persons who are in custody as a result of civil contempt. Prohibits providing or possessing contraband in Federal prison. Makes it a Federal offense for any person to provide an inmate with: (1) a firearm or other destructive device; (2) any weapon or object that may be used as a means to facilitate escape; (3) narcotic drugs; (4) controlled substances; (5) alcoholic beverages; (6) U.S. currency; or (7) any other object. Prohibits Federal inmates from possessing the above. Establishes penalties based upon the kind of contraband either provided or possessed. Provides for imprisonment for not more than ten years or a fine of not more than $25,000 for any person who intentionally causes or assists in any mutiny or riot in Federal prison. Authorizes the seizure and forfeiture of contraband found in the possession of prisoners. Establishes an offense involving the trespass upon any reservation, land or facility of the Bureau of Prisons. Extends the arrest authority of the officers and employees of the Bureau of Prisons. Authorizes the Attorney General to contract with private organizations and entities for the imprisonment, subsistence, care, and employment of Federal prisoners. Increases the maximum amount of the gratuity given prisoners upon discharge from $100 to $500. Establishes authority for the United States to exchange inmates with States. Authorizes the Attorney General to accept gifts or donations of property for the use of the Bureau of Prisons, or the Federal Prison Industries, Incorporated. Allows the Bureau of Prisons to accept voluntary services. Authorizes the chief executive officer of a Federal penal or correctional facility to order an autopsy on the body of a deceased inmate.
United States · United States Congress · 10 August 1984
Federal District Court Organization Act of 1984 - Amends the judicial code to provide that court for the Eastern District of New York shall be held at Hauppauge in addition to Brooklyn and Hempstead. Places DeKalb and McHenry counties in the Western Division of the Northern District of Illinois. Adds Champaign-Urbana as a site for Federal district court in the Central District of Illinois. Adds a seventh division to the Southern District Court of Texas. Establishes the McAllen Division in the Southern District, comprising the counties of Hidalgo and Starr. States that court for the McAllen Division shall be held at McAllen. Places Fannin, Gilmer, and Pickens counties in the Gainesville Division of the Northern District of Georgia. Designates Statesboro instead of Swainsboro as the sixth division in the Southern District of Georgia. Adds Bennington to the sites of Federal district courts in Vermont. Adds Boulder to the sites of Federal district court in Colorado.
United States · United States Congress · 26 July 1984
Local Government Antitrust Act of 1984 - Limits the amount a person may recover on a claim under the antitrust laws which is based on official conduct of a local government and which is filed before July 1, 1984, to the amount of actual damages sustained, interest thereon, and the cost of suit, including a reasonable attorney's fee. Requires interest on damages to be awarded for the period: (1) beginning on the date the claim is filed and ending on the date of judgment, unless the court finds that the award of all or part of such interest is unjust; and (2) beginning on the date of injury and ending immediately before the date the claim is filed if the court finds that the award of all or part of such interest is just. Prohibits the United States or any person from recovering any monetary relief for any claim under the antitrust laws which is based on official conduct of a local government and which is filed on or after July 1, 1984.
United States · United States Congress · 26 July 1984
Agricultural Patent Reform Act of 1984 - Amends the patent laws to extend the terms of patents which encompass specified products or methods for using a product, including methods of manufacturing which primarily use recombinant DNA technology, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a five year limitation on the extension and a 25 year maximum patent term from the earliest filing. Directs the Commissioner of Patents to notify the appropriate Federal agency upon receipt from a product sponsor of a notice of extension. Requires the notified agency to determine the applicable regulatory review period and whether, within that period, the sponsor acted with due diligence. Provides for notice and informal hearings for persons interested in such determinations. Grants a product sponsor the opportunity to designate any data submitted during the regulatory review period as a trade secret or confidential. Directs the Commissioner, upon a final determination of the applicable regulatory review period, to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent. Limits the application of such patent term extension to patents for: (1) any new animal drug or antibiotic subject to regulation under the Federal Food, Drug, and Cosmetic Act; (2) any veterinary biological product subject to regulation under the Virus-Serum-Toxin Act; (3) any pesticide subject to regulation under the Federal Insectide, Fungicide, and Rodenticide Act; and (4) any chemical substance or mixture subject to regulation under the Toxic Substances Control Act.
United States · United States Congress · 25 July 1984
Amends the Internal Revenue Code to repeal rules relating to the determination of the issue price of certain debt instruments issued for property. Amends the Tax Reform Act of 1984 to repeal the revisions made to rules for the imputation of interest on certain deferred payments. Provides that the Internal Revenue Code shall be applied and administered as if such revisions had not been enacted.
![Official portrait of Rep. Moorhead, Carlos J. [R-CA-22]](https://www.congress.gov/img/member/m000926_200.jpg)