United States · United States Congress · 20 February 1985
Productivity Incentive Act of 1985 - Amends the Internal Revenue Code to allow an income tax credit for payments made by a taxpayer to an employee under a productivity incentive plan. Sets the amount of such credit at: (1) ten percent of amounts paid in the first year of such plan; (2) five percent of amounts paid in the second year; and (3) three percent of amounts paid in the third year. Defines "productivity incentive plan" as a written plan which provides bonuses to employees due to profits or cost savings resulting from increases in productivity.
United States · United States Congress · 20 February 1985
Expresses the sense of the Congress that: (1) the seasonally adjusted total unemployment rate (TUR) should be used to determine the availability of extended benefits and Federal supplemental compensation of the unemployed; (2) if the seasonally adjusted TUR is not currently available for a State, an alternative method of calculating such TUR should be developed and implemented with respect to determining the availability of such benefits; and (3) the Department of Labor, Bureau of Labor Statistics, and other agencies involved with the gathering of unemployment data should take all steps necessary to improve U.S. capability to measure accurately the level of total unemployment and should recommend ways to improve current unemployment compensation benefit formulas so that such benefits are made available in areas of greatest need.
United States · United States Congress · 19 February 1985
Railroad Antimonopoly Act of 1985 - Amends the Sherman Act to prohibit any owner rail carrier from monopolizing a route by denying any shipper or other rail carrier the use, on reasonable terms, of a facility which is the sole facility over which bulk commodities must be moved to connect with the track of a competing rail carrier or to reach the destination of shipment. Bars any rate restriction under this Act if the owner rail carrier permits a competing carrier to use such sole facility. Specifies procedures for determining rates for the use of a sole facility if there is no competition. Prohibits an owner rail carrier from conditioning the use of a sole facility upon use of other facilities. Permits a shipper to elect to connect with a water carrier instead of, or in addition to, a competing rail carrier at the first connection point; provided that the cost of connecting with the water carrier is no greater than the cost of connecting with the competing rail carrier, or the owner rail carrier is reimbursed for the difference in cost. Entitles any person injured by a violation of this Act to bring an action to recover damages and to seek injunctive relief as provided under the Clayton Act.
United States · United States Congress · 19 February 1985
Amends the Internal Revenue Code to impose a 50 percent excise tax on any "greenmail profits" paid to certain corporate stockholders. Defines "greenmail profits" as any gain realized by a four-percent shareholder of any stock in a corporation if: (1) the shareholder held such stock for a period of less than two years; and (2) during the two-year period ending on the date of the sale or exchange of such stock there was a public tender offer for such stock or a four-percent shareholder submitted a written proposal for a public tender offer. Disallows an income tax deduction for certain interest paid or accrued with respect to hostile acquisition indebtedness. Defines "hostile acquisition indebtedness" as certain subordinate obligations issued after February 18, 1985, in connection with a hostile acquisition.
United States · United States Congress · 7 February 1985
Amends the Agricultural Adjustment Act of 1938 to prohibit the importation of tobacco unless the importer certifies that none of the pesticides the registration of which has been cancelled or suspended for use on tobacco in the United States has been used in the production of such tobacco. Directs the Secretary of Agriculture to enforce such prohibition.
United States · United States Congress · 7 February 1985
Amends the Military Selective Service Act to exempt from registration those persons who are conscientiously opposed to participation in war in any form.
United States · United States Congress · 7 February 1985
Amends the Clayton Act to eliminate the 15-day waiting period (and thus require a 30-day waiting period) following notification of a proposed acquisition in the case of a cash tender offer. Prohibits the Federal Trade Commission or the Assistant Attorney General from prematurely terminating the waiting period in the case of a nonqualifying cash tender offer. Authorizes the Commission or the Assistant Attorney General to extend the waiting period for up to 60 additional days if the acquiring person, upon completing the proposed acquisition, would hold assets or have annual net sales in the United States exceeding $1,000,000,000.
United States · United States Congress · 7 February 1985
Amends the Clayton Act to establish a presumption that an acquisition or use of stock substantially lessens competition or tends to create a monopoly, if such acquisition or use is likely to substantially foreclose the availability of supply sources or distribution outlets for any person in any line of commerce of the acquiring person or of the person whose stock, share capital, or assets are to be acquired. Permits rebuttal of such presumption by evidence that such acquisition or use would create substantial efficiencies that are likely to benefit consumers.
United States · United States Congress · 7 February 1985
Amends the Immigration and Nationality Act to authorize the Attorney General and the Secretary of State to establish a three-year pilot visa waiver program for up to eight countries providing a similar benefit to the United States. Sets forth program provisions.
United States · United States Congress · 7 February 1985
Automobile Strategy and Stability Act of 1985 - Imposes a quota on the number of motor vehicles produced in Japan that may be imported into the United States between April 1, 1985, and March 31, 1986. Terminates such quota 30 legislative days after the recommendations of the Auto Strategy Council are submitted to the Congress and the President. Establishes the Auto Strategy Council to: (1) analyze the implication for the future competitiveness of the U.S. auto industry of the removal of quotas on Japanese motor vehicles; (2) develop a strategy to improve the international competitiveness of the U.S. auto industry; and (3) identify the impact of continuation of auto restrictions of Japanese auto imports on other economic sectors and trade with other nations. Requires the Council to make recommendations to the Congress and President by December 31, 1985. Terminates the Council after it makes its report.
United States · United States Congress · 7 February 1985
Economic Conversion Act - Title I: Prenotification of Base Closures and Defense-Related Contract Cancellations - Directs the Secretary of Defense, through the Economic Adjustment Committee, to notify State and local governments and regional organizations within a specified period of time of a proposed realignment or closure of a military installation or of the cancellation or termination of a defense contract or failure to proceed with an approved major weapon system program. Title II: Economic Conversion Pilot Program - Authorizes the Secretary to make grants for job retraining programs and planning for alternative production required by cancellation of defense contracts during FY 1986 through 1990. Permits one grant for each defense contract cancellation or reduction. Requires the administration of such grants at the local level by a capable unit of general local government or, through default, by the collective bargaining agents of affected employees. Directs the Secretary to make weekly assistance payments to such employees affected by a cancellation or reduction of a contract valued at $10,000,000 or more during FY 1986 through 1990. Sets forth a formula for determining the amount of such assistance, making allowances for unemployment compensation or public assistance received and health insurance coverage needed. Sets forth assistance application procedures and notification requirements. Makes available for such grants the amount of previously appropriated funds which the United States will save as a result of the cancellation or reduction of a defense contract.
United States · United States Congress · 7 February 1985
Extended Unemployment Compensation Act of 1985 - Amends the Federal-State Extended Unemployment Compensation Act of 1970 (the Act), and repeals the Federal Supplemental Compensation Act of 1982, to provide for a consolidated program of extended unemployment compensation to replace the current extended compensation and Federal supplemental compensation programs. Revises the Act to limit the amount of extended compensation payable to an individual to the amount established in an individual's extended compensation account. Increases the limit on the amount established in an individual's extended compensation account. Sets forth the formula for determining the new limit. Limits an individual's eligibility period for extended compensation to the number of weeks equal to the applicable limit for an individual's compensation account. Requires the amount and duration of extended compensation payable under the interstate benefit payment plan to be the same as if the individual were filing the claim in the State which establishes the individual's extended compensation account. Requires that each unemployment benefit duration period shall be a three-month period beginning on the first Sunday of January of each year and the first Sunday of every third month thereafter. Sets forth formulas based upon each State's insured unemployment rate, for determining whether a benefit duration period shall be a seven-percent, six-percent, five-percent, or four-percent period. Requires that a benefit duration period shall be a "low-unemployment period" if the State's adjusted insured unemployment rate for the first week of such benefit duration period and the immediately preceding 12 weeks was less than four percent. Requires a benefit duration period to be a "national high-unemployment period" if the national seasonally adjusted unemployment rate for the first week of such benefit duration period and the immediately preceding 12 weeks equalled or exceeded ten percent. Sets forth an alternate method of determining a benefit duration period based upon the total rate of unemployment. Requires that each State be paid an amount equal to the applicable percentage of the sum of the sharable extended compensation and the sharable regular compensation paid to individuals under State law. Sets forth the applicable percentage for seven-percent, six-percent, five-percent, four-percent, and national high-unemployment periods. Defines sharable regular compensation. Amends title IX (Employment Security) of the Social Security Act to authorize appropriations into the extended unemployment compensation account. Revises the Act to permit the State to modify the requirement that an individual must actively engage in seeking work during each week of unemployment in order to qualify for extended compensation. Permits States to take into account any State determination that labor market conditions in the labor market area in which such individual last worked and in the labor market area in which such individual resides are so depressed that actively seeking work likely will not result in employment. Prohibits payment of extended unemployment compensation to an individual unless the individual participates in an intensive one-week job search program administered by the Employment Service if requested to so participate. Repeals the Federal Supplemental Compensation Act of 1982. Permits States to choose to delay the applicability of the amendments and repeals made by this Act. Sets forth transition provisions for such States. Directs the Secretary of Labor to study and report to the Congress by December 31, 1985, on alternatives to the insured unemployment rate which would be available with respect to all States and which might provide a more accurate measurement of the employment and labor market situation in each State. Directs the Bureau of Labor Statistics to increase by threefold the sample sizes used in determining the total unemployment rate and to give special consideration to increasing the statistical reliability of each State's calculation of its total unemployment rate. Authorizes appropriations for such increased sampling out of the employment security administration account in the Unemployment Trust Fund.
United States · United States Congress · 7 February 1985
Amends title XVIII (Medicare) of the Social Security Act to provide coverage under part B (Supplementary Medical Insurance) for the services of a licensed or certified acupuncturist.
United States · United States Congress · 7 February 1985
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the benefit reductions required in the case of an individual receiving both disability insurance benefits and workers' compensation shall be applied first towards the recipient's own disability benefit and then to other benefits based on such recipient's wages and self employment income.
United States · United States Congress · 7 February 1985
Amends title XVIII (Medicare) of the Social Security Act to provide coverage for emergency inpatient hospital services furnished to a covered individual by a hospital located outside of the United States if at the time the emergency occurred the individual: (1) maintained his or her principal residence within the United States; and (2) had not been outside the United States for a total of more than 180 days in the preceding one year period.
United States · United States Congress · 6 February 1985
Amends the National Traffic and Motor Vehicle Safety Act of 1966 to authorize any person to file a petition with the Secretary of Transportation which: (1) questions standards provided by manufacturers (or distributors); and (2) requests an investigation regarding such certification. Requires the Secretary to: (1) grant or deny such petition within a specified time; (2) publish the reasons for any denial in the Federal Register; or (3) investigate the validity of a certificate or the basis on which it was made, if the petition is granted. Authorizes the Secretary to restrict importation into the United States or into interstate commerce of motor vehicles whose certification is under investigation.
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
Fair Trade in Ferroalloys Act - Amends the Tariff Schedules of the United States to replace the current tariff on certain ferroalloys with a tariff equal to the fair price differential. Defines fair price differential. Directs the Secretary of Commerce to publish annually the fair price for such ferroalloys.
United States · United States Congress · 6 February 1985
Amends the Internal Revenue Code to extend the targeted jobs income tax credit from 1985 to 1990. Increases the amount of wages which may be taken into account for such credit from $6,000 to $10,000 per year. Revises the definition of "members of economically disadvantaged families" to increase from 70 percent to 80 percent of the Bureau of Labor Statistics' lower living standard the amount of income a family may have in order to qualify as a member of a targeted group.
United States · United States Congress · 6 February 1985
Amends the Internal Revenue Code to increase the excise tax on small cigarettes from $8 to $20 per thousand. Increases the excise tax on large cigarettes from $16.80 to $42 per thousand. Repeals the FY 1985 termination date for increases in the excise tax on cigarettes.
United States · United States Congress · 6 February 1985
Requires that funds be made available from appropriations under the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1985 to enable the National Institutes of Health to award 6,500 new and competing research grants in FY 1985.
United States · United States Congress · 6 February 1985
States that the Congress supports the restoration of democratic institutions and human rights in Chile. Calls upon Chile to negotiate with the democratic opposition. Provides that until Chile returns to democracy: (1) U.S. military and economic assistance to Chile should be denied and all joint military activities ceased; (2) the Overseas Private Investment Corporation should not issue additional investment insurance to Chile; and (3) the United States should oppose all loans and grants to Chile by certain international financial institutions unless such assistance is directed to programs which serve the needs of the people.
United States · United States Congress · 6 February 1985
Expresses the sense of the Congress that: (1) the Department of State should refuse to approve the opening of honorary South African consulates within the United States; (2) the Secretary of State should reassess the purpose and need for existing honorary consulates; and (3) the Secretary should rescind the approval granted for the establishment of the honorary South African consulate in Pittsburgh, Pennsylvania.
United States · United States Congress · 4 February 1985
Directs the Secretary of the Interior to implement a program to eliminate erosion from specified lands within the authorized boundaries of the Cuyahoga Valley National Recreation Area in Ohio. Authorizes appropriations for FY 1986 through FY 1989.
United States · United States Congress · 4 February 1985
Synthetic Fuels Corporation Fiscal Responsibility Act - Amends the United States Synthetic Fuels Corporation Act of 1980 to terminate the authority of the United States Synthetic Fuels Corporation (the Corporation) to enter into any awards or commitments for financial assistance. Directs the Corporation's Board of Directors to submit a final report to the Congress regarding the status of the Corporation within 60 days after enactment of this Act. Prohibits the Corporation from expending any funds or acting in furtherance of any commitment made after February 5, 1985, unless a joint resolution approving such transaction is enacted. Requires the Secretaries of Energy and of the Treasury and the Administrator of the Environmental Protection Agency to agree on a Memorandum of Understanding which includes a plan for: (1) the abolition of the Corporation; and (2) for the administration of synthetic fuels projects which will continue after the abolition of the Corporation.
United States · United States Congress · 4 February 1985
Adolescent Pregnancy and Parenthood Act of 1984 - Amends title XX (Adolescent Family Life Demonstration Projects) of the Public Health Service Act to authorize grants and projects for: (1) prenatal and postpartum care; (2) well-child infant care; (3) comprehensive family planning services to prevent unintended repeat pregnancies; and (4) educational, vocational, and other counseling services. Gives priority to under-18 year olds where the incidence of adolescent child bearing is high, where the proportion of low income and minority families is high, and where such services are most needed. Stresses the role of voluntary family support. States that services provided under this Act shall be voluntary. Directs the Secretary of Health and Human Services to: (1) establish a program data reporting system; and (2) report annually to Congress. Authorizes FY 1986 through 1988 appropriations.
United States · United States Congress · 4 February 1985
Pension Plan South African Investments Reporting Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 to require each employee pension benefit plan to report annually to the Secretary of Labor describing the plan's investments in the Republic of South Africa and its administrative satellite countries, including the Transkei, Bophuthatswana, Ciske, and Venda. Prohibits, with respect to such reporting requirement: (1) any exemption for small plans; and (2) any alternative method of compliance. Sets forth provisions for civil enforcement of such reporting requirement.
United States · United States Congress · 31 January 1985
Amends the Federal Supplemental Compensation Act of 1982 to extend the Federal supplemental unemployment compensation program for an additional 18 months, through September 28, 1986.
United States · United States Congress · 31 January 1985
Nuclear Explosives Control Act of 1985 - Amends the Nuclear Non-Proliferation Act of 1978 to prohibit the export of any major critical component for, and of any sensitive nuclear technology important to, the enrichment of uranium or other isotopic separation of special nuclear material, nuclear fuel reprocessing, or heavy water production, except under certain international cooperation agreements. Amends the Atomic Energy Act of 1954 to authorize the Secretary of Energy to approve, under an international agreement, the reprocessing, or the use or retransfer of any plutonium resulting from such reprocessing, of any special nuclear material exported from the United States or produced through the use of U.S. exported equipment, materials, or technology, only if: (1) the end use of the reprocessed or retransferred material involves research, development, or demonstration in a facility that is currently operating or that is under construction and is located in a nuclear weapon state or a state which abides by International Atomic Energy Agency (IAEA) safeguards; (2) there are no already existing stocks of separated plutonium reasonably available for the end use requested; (3) in the case of requests for reprocessing, the reprocessing will take place in a facility described in clause (1); and (4) adequate security measures will be maintained. Requires such conditions to continue in effect until the Congress enacts a joint resolution declaring that: (1) effective international safeguards that detect diversions will be applied; and (2) effective international sanctions against violations of nonproliferation commitments have been established to deter diversions. Authorizes the Nuclear Regulatory Commission (NRC) to issue export licenses for highly enriched uranium for nuclear reactors only if: (1) there is no alternative nuclear reactor fuel available; (2) the proposed recipient of the uranium has indicated that it will use an alternative nuclear reactor fuel when one becomes available; and (3) the executive branch is developing an alternative nuclear reactor fuel. Requires the NRC to determine a kilogram limit on the amount of highly enriched uranium of U.S. origin that will be allowed at any one time in each foreign country and at each reactor site in each such country. Directs the President to submit to the Congress within three months of enactment of this Act a plan for the development and use of alternative nuclear reactor fuels for all reactors which are operated with highly enriched uranium exported from the United States. Prohibits the Secretary of Energy from entering into a subsequent arrangement for the retransfer for reprocessing of any special nuclear material exported by the United States or produced through U.S. exports or for the subsequent retransfer of any large amount of plutonium resulting from the reprocessing of such material unless the nation requesting such arrangement agrees that: (1) it will not, without prior U.S. approval, substitute any special nuclear material which is not subject to the Atomic Energy Act of 1954 for any such material subject to the subsequent arrangement; and (2) if such substitution is approved by the United States, the substituted special nuclear material shall be subject to the same requirements as the other material. Amends the Nuclear Non-Proliferation Act of 1978 to require the Secretary of State to enter into international agreements under which the non-U.S. party agrees not to obtain or use any facility for nuclear fuel reprocessing or uranium enrichment and not to seek access to or use separated plutonium or plutonium based fuels and the United States agrees to: (1) provide assured enrichment services at a discount; (2) provide an additional discount to any nation for the enrichment of uranium which such nation agrees to use in improved power reactor fuel; (3) authorize the export of a lifetime supply of low-enriched fuel under a single export license covering all power reactors in such nation subject to specified conditions; and (4) enter into a technical cooperation and assistance program. Directs the Secretary of Energy to submit to the Congress, within three months of enactment of this Act, a plan to implement such fuel assurance and energy assistance program. Authorizes appropriations for such plan development and program. Authorizes appropriations for providing technical assistance to nonnuclear-weapon states in spent fuel storage and disposal pursuant to the Nuclear Waste Policy Act of 1982. Amends the Nuclear Non-Proliferation Act of 1978 to authorize appropriations for energy assistance to developing countries. Directs the NRC and the executive branch to support efforts to improve physical security arrangements for nuclear exports. Authorizes appropriations for such efforts. Directs the President to include in the annual report to Congress on nuclear nonproliferation a description of the progress made in negotiating fuel assurance and technical assistance agreements. Amends the Atomic Energy Act of 1954 to prohibit any person from engaging in the production of special nuclear material unless: (1) there is an agreement for cooperation with the applicable country; and (2) authorized by the Secretary of Energy. Requires such authorization to be published in the Federal Register. Requires information on such authorizations to be included in the President's annual report to Congress on nonproliferation pursuant to the Nuclear Non-Proliferation Act of 1978. Makes authorizations for the production of special nuclear material outside the United States effective with respect to a non-nuclear-weapon state only if the Secretary of Energy determines that such state adheres to the criteria governing U.S. nuclear exports for peaceful uses. Requires the Secretary of Energy to publish and submit to the President any recommendation for such an authorization with respect to a non-nuclear-weapon state which does not adhere to such criteria. Authorizes the Secretary of State and the Secretary of Energy to submit to the President a proposed agreement for nuclear cooperation only if the Secretary of Defense has found that the proposed agreement will not be inimical to U.S. security. Authorizes the Secretary of State to notify the NRC of the judgment of the executive branch with respect to an export license for nuclear material only if the Secretary of Defense agrees with the proposed executive branch judgment. Authorizes the Secretary of Energy to enter into a proposed subsequent arrangement only if the Secretary of Defense: (1) finds that such arrangement will not be inimical to U.S. security; and (2) with respect to reprocessing arrangements, finds that the proposed reprocessing or retransfer will not result in a significant increase of the risk of proliferation. Prohibits the Secretary of Commerce from issuing an export license for the export to a nonnuclear-weapon state of goods or technology which will be used in a nuclear production or utilization facility or which are likely to be used in the design, construction, operation, or maintenance of such a facility unless the Secretary of Energy makes a specified determination. Changes the criteria for permitting the export of certain components for nuclear facilities. Permits such exports if the NRC finds that the issuance of an appropriate export license will not endanger national security and the NRC issues such an export license after finding that the nations to which such components will be exported: (1) has an agreement for cooperation with the United States; (2) adheres to certain IAEA safeguards; and (3) adheres to specified criteria governing U.S. nuclear exports. Prohibits the transfer or retransfer of any source or special nuclear material, any production or utilization facility or related technology, any sensitive nuclear technology, or any component, item, or substance determined to have significance for nuclear explosive purposes unless authorized under an agreement for cooperation. Requires such activities to be considered exports for purposes of licensing requirements and procedures. Adds prohibitions against the issuance of an export license for the export of goods or technology related to a nuclear production or utilization facility and against the authorization of otherwise prohibited nuclear exports with respect to nations that engage in specified conduct. Changes the method by which the Congress may disapprove a presidential waiver of such prohibition.
United States · United States Congress · 31 January 1985
Provides for a 15-year delimiting period for a veteran to complete a program of education. Extends through 1989 the delimiting period for veterans no longer eligible for such assistance solely because of the current ten-year delimiting period.
United States · United States Congress · 31 January 1985
States that the President should: (1) announce to the Soviet Union and other nuclear nations that the United States will suspend testing of nuclear weapons and challenge the Soviet Union to do the same; (2) express to the diplomatic community that U.S. policy is to cease testing such weapons and that such testing will be resumed if the Soviet Union proceeds with further underground testing of such weapons; (3) ensure that upon suspension of U.S. testing the United States will make use of existing technology and equipment to verify that nuclear explosions have ceased; and (4) initiate negotiations for a permanent U.S.-Soviet test ban treaty.
United States · United States Congress · 30 January 1985
Title I: General Accounting Office Investigation and Report - Directs the General Accounting Office to investigate the situation of displaced nationals of El Salvador, including determinations of those Salvadorans in Central America, unlawfully in the United States, or returned from the United States to El Salvador. Requires a report to the Congress. Title II: Congressional Review - Provides that such report shall be referred to the appropriate committees for hearings and committee reports. Title III: Temporary Stay of Deportation - Provides for a temporary stay of detention and deportation for specified Salvadorans presently in the United States.
United States · United States Congress · 30 January 1985
Social Security Reorganization Act of 1985 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Establishes in the Administration a General Counsel and an Inspector General. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a Commissioner of Social Security; (2) a Deputy Commissioner of Social Security; and (3) an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interests of beneficiaries under the Old Age, Survivors and Disability Insurance program and the Supplemental Security Income Program within the Administration. Requires the annual report of the Board to include a description of the activities of the Beneficiary Ombudsman. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan as established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Specifies the authorities which are to be delegated to the Board from the Administrator of the General Services Administration. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Provides for the transfer to the Administration of all functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Title II: Miscellaneous and Conforming Amendments - Sets forth a contributor and beneficiary bill of rights under which: (1) all individuals are required to be treated fairly by the Board and the Secretary; (2) the Secretary and the Board are prohibited from discriminating on the basis of age, sex, race, creed, color, handicap, national origin, or economic condition; and (3) the Board and the Secretary should maintain prompt, professional, and effective service which is responsive to the community. Requires the Secretary of Health and Human Services and the Board to report to Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs which he or she administers. Title III: Effective Dates and Transitional Rules - Sets forth effective date and transitional rule provisions.
United States · United States Congress · 30 January 1985
Amends the Bretton Woods Agreements Act to require the President to instruct the U.S. Executive Director of the International Monetary Fund to vote against any credit drawing on the Fund by any country which practices apartheid.
United States · United States Congress · 30 January 1985
Prohibits the importation of any South African krugerrands or any other gold coin minted in or sold by South Africa. Establishes penalties for violations of this Act.
United States · United States Congress · 30 January 1985
Requires the Secretary of Health and Human Services to conduct a study on the collection of information by the Department of Health and Human Services in order to determine what information is being collected from the same class of individuals more than once. Requires: (1) the Secretary to report to the Congress on such study; and (2) such report to include detailed recommendations for more efficient information collection.
United States · United States Congress · 30 January 1985
Homeless Assistance Act of 1985 - Amends the Food Stamp Act of 1977 to permit persons with no fixed address to use food stamps to buy prepared meals at specified establishments. Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to: (1) repeal the 30-day limitation on emergency assistance to needy families with children; and (2) extend emergency assistance to specified individuals (including minors) and couples.
United States · United States Congress · 30 January 1985
Amends the Internal Revenue Code to define "geothermal energy" as the natural heat of the Earth at any temperature. (Present regulations require that such heat exceed a specified temperature.) Qualifies for the residential energy tax credit and the investment tax credit for energy property an energy system which uses both geothermal energy and another energy source not eligible for such credits if geothermal energy provides more than 80 percent of the energy for such system. Qualifies for the investment tax credit for energy property an energy system which uses both geothermal energy and another energy source eligible for such credit (such as biomass, solar, wind, ocean thermal, or hydroelectric) if the combination of such energy sources provides more than 80 percent of the energy for such system. Provides that in the case of a taxpayer who claimed a geothermal credit on a return for any taxable year beginning before January 1, 1985, in reliance on the advice of an employee of the Internal Revenue Service that such credit would be allowable, the amendments made by this Act shall apply for purposes of determining whether such credit is allowable.
United States · United States Congress · 30 January 1985
Amends the Internal Revenue Code to allow individuals to compute the amount of the deduction for retirement savings on the basis of the compensation of the spouse. Phases this deduction in over a period of six years.
United States · United States Congress · 30 January 1985
Amends the Internal Revenue Code to provide that the use of law enforcement, fire protection, and emergency medical vehicles by government employees shall be treated as a nontaxable fringe benefit.
United States · United States Congress · 28 January 1985
Effective Schools Development in Education Act of 1985 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to promote more effective schools and excellence in education. Authorizes appropriations for FY 1986 through 1990 for such grants program. Allows program grants to be used to: (1) promote State educational agency (SEA) and local educational agency (LEA) awareness of effective schools information through conferences at schools and district and multidistrict offices and through onsite visits to model effective schools; (2) develop and implement systems of data collection, analysis, interpretation, and communication; (3) plan, review, and revise program activities; (4) support related effective schools efforts; (5) obtain technical assistance and consultant services from regional educational laboratories, research and development centers, institutions of higher education, and other nonprofit educational organizations; (6) design, develop, and publish educational materials on effective schools programs; (7) conduct program evaluations; and (8) otherwise identify, document, and disseminate information concerning exemplary effective schools programs. Requires that program grant applications by SEAs or LEAs demonstrate that: (1) the applicant has an effective schools improvement program in effect; (2) grant funds would be used to pay not more than one-half of the cost of any program or activity; (3) grant funds would be supplementary; and (4) independent annual evaluations will be conducted and reported. Directs the Secretary of Education, in selecting grant recipients, to: (1) consider the extent to which grant funds would be used to improve schools in districts with the greatest numbers or percentages of educationally deprived children and the extent to which the applicant's ongoing effective schools program has demonstrated the capacity to improve student achievement or behavior; (2) ensure reasonable geographic distribution of grants; and (3) designate grants as being available for a period of at least one but not more than three years. Sets forth provisions for technical assistance and program evaluation. Requires the Secretary to report to the Congress by September 1, 1987.
United States · United States Congress · 28 January 1985
Health in Advertising Act - Amends the Federal Cigarette Labeling and Advertising Act to prohibit cigarette and other tobacco product advertising on any medium of electronic communication subject to Federal Communications Commission jurisdiction.
United States · United States Congress · 24 January 1985
Civil Rights Restoration Act of 1985 - Amends the Education Amendments of 1972, the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Civil Rights Act of 1964 to provide a definition of the phrase "program or activity." Defines such term as all of the operations of: (1) a department or agency of a State or of a local government; (2) the entity of such State or local government that distributes Federal assistance and each such department or agency to which the assistance is extended; (3) a university or a system of higher education; (4) a local educational agency or other school system; (5) a corporation, partnership, or other private organization; or (6) any other entity consistent with the coverage provided above.
United States · United States Congress · 24 January 1985
Amends the Federal criminal code to establish penalties for damaging or destroying any cemetery, religious building, or any religious article contained in such a building or interfering with any person freely exercising his or her religion.
United States · United States Congress · 24 January 1985
Community Renewal Employment Act - Title I: General Purpose and Authority - Declares that the purpose of this Act is to provide employment opportunities to long-term unemployed individuals in high unemployment areas through payments for labor and related costs associated with the repair, maintenance, or rehabilitation of essential community and educational facilities and with public safety, health, social service, and other activities related to the public welfare. Makes individuals aged 16 or older eligible to participate in such program only if they are unemployed at the time of eligibility determination and for at least 15 of the 20 weeks prior to such determination, with specified exceptions. Limits wages for eligible individuals to 52 weeks in a two-year period. Requires that priority be given to those who have exhausted or are otherwise not eligible for unemployment insurance benefits, particularly: (1) those who have been unemployed for the longest periods immediately preceding selection; and (2) those residing in families in which no other member is employed on a full-time basis. Requires that special consideration in selecting participants for employment under this Act in employment counseling and other services for veterans should be given to veterans who otherwise meet participant eligibility requirements. Allows, upon certain determinations, up to ten percent of eligible participants selected by a recipient for subsidized employment from funds under this Act to be individuals unemployed for less than 15 weeks. Makes the State employment service agency, in certifying eligible participants and in referring them for employment under title II or III, responsible for ensuring equal employment opportunities and the full participation of traditionally underrepresented groups. Makes each recipient of funds under title II or III responsible for ensuring such opportunities and such participation in the selection of eligible participants for such employment. Requires that not less than 75 percent of title II and III funds be used to provide wages and employment benefits to eligible participants for work which the recipient certifies has been performed in one or more authorized activities. Permits up to 15 percent of funds provided to a title II or III recipient to be used for the cost of administration and up to ten percent for the acquisition of supplies, tools, equipment, and other materials. Permits payment of such costs from non-Federal sources or Federal sources other than this Act. Requires recipients, to the extent feasible, to ensure that supplies, tools, equipment, or other materials purchased or procured have been manufactured, mined, or produced in the United States. Permits title II funds to be used for costs associated with training and related support for a number of participants, if: (1) employers are committed to fill an equal number of unsubsidized jobs with participants who have successfully completed such training; (2) the recipient has an agreement with a qualified public or private nonprofit provider of such training services; and (3) costs of training and support do not exceed, on a weekly basis, the maximum wage payable with funds under this Act. Limits the rate of salaries or wages paid to administrative or supervisory employees from funds available for administrative costs. Establishes a career preparation demonstration program. Authorizes appropriations for FY 1986 through 1989 for such program. Directs the Secretary of Labor, using the Office of the Job Corps, to establish in each of the Federal regions four career preparation demonstration centers (equitably distributed between rural and urban areas) for combined written, audiovisual, and computer-based materials within the basic instructional format developed by the Job Corps to train eligible participants. Imposes certain requirements on such Centers. Provides that up to five of the Centers shall be designated high technology training centers for training combined with subsidized internship in the private sector for career preparation in high technology occupations including robotics, health technology, and computer operations. Limits payments for weekly costs of such subsidized internship to the maximum wage payable with funds under this Act. Title II: Community Renewal Employment Programs - Part A: Community Improvement Projects - Sets forth provisions for employment activities in community improvement projects. Requires that eligible participants be employed in community improvement projects, in one or more listed activities involving: (1) public facilities repair, rehabilitation, or improvement; (2) public lands conservation, rehabilitation, or improvement; or (3) public safety, health, social service, and other activities necessary to the public welfare. Provides that, for purposes of community improvement projects provisions, "project" means a definable task or group of related tasks which: (1) will be carried out by a government department, public agency, private nonprofit organization, or private contractor; (2) will be completed within 18 months; (3) is an authorized activity; (4) will result in a specific product or accomplishment; and (5) would not otherwise be conducted with existing funds. Permits projects which are to be carried out under provisions for public lands conservation, rehabilitation, and improvement to involve lands other than public or Indian lands only when such projects will provide a documented public benefit and when the recipient will be reimbursed for that portion of the total costs of the project which does not provide a public benefit. Makes eligible entities under title II: (1) States; (2) local governments with populations of 50,000 or more; (3) consortia of local governments; (4) existing concentrated employment program grantees serving rural areas under the Job Training Partnership Act; and (5) Native American Indian, Alaska Native, and Oklahoma Indian groups. Provides that States shall qualify as an eligible entity to serve any area of the State: (1) not under the jurisdiction of any other eligible entity; or (2) for which no eligible entity has filed a statement on the use of funds within 30 days of allotment of funds. Provides that larger units of local government shall not qualify as the eligible entity to serve any smaller unit which is, or is part of, an eligible entity which has filed a statement on use of funds. Sets forth provisions for allotment of title II funds (exclusive of the amount available for part C). Directs the Secretary to reserve two percent of such funds for allotment among Native American eligible entities. Directs the Secretary to allot the remainder among eligible entities on the basis of relative numbers of certain categories of unemployed residents of each eligible entity. Directs the Governor to use the same formula in making available amounts to each jurisdiction within the area for which the State is an eligible entity (but requires that no amount less than $25,000 be made available to any such jurisdiction and that any unallocated amounts be reallocated among other jurisdictions which meet the $25,000 minimum requirement). Sets forth requirements for receipt of an allotment by an eligible entity. Requires eligible entities within 30 days of receipt of notice, to submit statements which: (1) designate a fiscal agent for receipt of payments; (2) agree to use funds in accordance with this Act; and (3) agree to provide quarterly reports on such use. Directs the Secretary, within 30 days after the final day for submission of such statements, to make a final allotment. Sets forth a formula for determining a required minimum allotment to any State which is the single eligible entity for such State. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by the eligible entities. Prohibits the Secretary from withholding, suspending, or terminating the payment of any installment of an allotment except in accordance with provisions for sanctions under this Act. Sets forth requirements relating to project design. Requires eligible entities to give priority to projects on the basis of: (1) unemployment severity and duration with localities in its area; (2) the degree to which projects will lead to expansion of unsubsidized private employment opportunities; and (3) the level of need for activities and services to be provided. Requires, to the extent feasible, coordination of employment opportunities established with title II funds with other specified Federal, State, and local activities. Part B: Community Improvement Activities for Youth Trainees - Sets forth provisions for youth trainee activities. Requires that at least 20 percent of the funds available to an eligible entity from its Part A allotment for community improvement projects shall be used for eligible youth wages and benefits for part-time employment up to 32 hours per week. Allows such employment to be: (1) in any authorized employment activity in community improvement projects; or (2) at a worksite operated by a public or private nonprofit agency or organization or by an employer organized for profit. Requires that such employment be provided in a manner which requires, and is consistent with, the youth's enrollment for at least eight hours a week in: (1) high school; (2) a high school equivalency program; or (3) a program of skill training or basic skill or employability development, including a career preparation demonstration program. Permits funds for youth trainee activities to be used in activities which also receive funds under other Federal, State, local, public, or private education or training programs. Makes eligible for youth trainee activities any youth aged 16 through 19 who is certified to be currently unemployed by the State employment service agency. Requires eligible entities, in selecting such participants, to give priority to economically disadvantaged individuals and to serve eligible school dropouts, among such individuals, on an equitable basis. Part C: State Job Programs - Sets forth provisions for financial assistance for State job programs. Reserves five percent of title II funds for each fiscal year for purposes of this part. Allots such funds for this part among the States, in accordance with specified provisions, on the basis of relative numbers of residents who have been unemployed for 15 or more weeks. Requires that such State allotments be used for employment of eligible participants under this Act through: (1) State-administered programs and activities authorized under community improvement project provisions, such as State parks, forests, and conservation programs, State hospitals and other health care facilities, State correctional institutions and programs, and State-administered social service programs; (2) special assistance (in conjunction, as appropriate, with eligible entities under title II) for areas which have experienced sudden or severe economic dislocations, including large-scale losses of jobs caused by the closing of facilities or mass layoffs; (3) State-directed emergency aid programs to cope with natural disasters, including erosion, flood, drought, and storm damage assistance and control activities; and (4) special assistance to seasonal farmworkers and small farmers in rural, agricultural areas which have experienced substantial losses of jobs due to the rising numbers of farm mortgage foreclosures and other severe economic disruption (in conjunction, as appropriate, with eligible entities under title II or with related programs under the Job Training Partnership Act). Directs States to give special consideration to establishing programs and activities which will provide job sites: (1) within areas in the State in which the unemployment rate equals or exceeds the national average; or (2) if there are no such areas, within areas in which the unemployment rate equals or exceeds the State average. Directs States to evaluate projects on the basis of severity and duration of unemployment within localities and the level of need for activities and services to be provided. Requires States, within 30 days after receiving notice of such allotment, to submit statements of agreement to use such funds in accordance with this Act and to provide quarterly reports. Directs the Secretary, within 30 days after the final day for such submissions, to make a final allotment. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by the States. Prohibits the Secretary from withholding, suspending, or terminating the payment of any installment of an allotment except in accordance with provisions for sanctions under this Act. Title III: Educational Facility Repair and Renovation Employment Activities - Part A: Elementary and Secondary School Facility Improvement Jobs - Sets forth provisions for school facility repair and renovation projects. Requires that funds made available to any local educational agency (LEA) under this part be used for projects and activities (in accordance with the limitation on the use of funds under title I) to employ eligible participants (qualifying under title I provisions) in the repair, renovation, or rehabilitation of public school facilities. Requires that, to the maximum extent feasible, funds under this part be used for projects and activities for which on-site labor can begin within 90 days of receipt of such funds. Requires that such funds be used in accordance with State and local procedures for: (1) assisting SEAs and LEAs to conform their public school facilities with specified requirements under the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973, and with requirements of any government environmental protection or health and safety programs; (2) public school facilities repair, renovation, or rehabilitation; (3) conversion of presently unused structures into adult training centers; (4) energy efficiency remodeling or renovation; and (5) asbestos detection, removal, or containment in facilities used by students. Requires that funds under this part which are made available to the Secretary of the Interior shall be made available to Indian tribal schools, upon applications containing specified information. Directs the Secretary of the Interior, within 120 days after enactment of this Act, to promulgate regulations for such grants program, including priorities for such program. Declares that the Department of the Interior shall be considered a State education agency (SEA) for purposes of requirements for receipt of allotments under this part. Provides that nothing in this Act shall be construed to relieve the Secretary of the Interior of the responsibility to provide adequate and equitable funding under the Snyder Act for the operations and maintenance of Indian tribal school facilities. Directs the Secretary of Education (the Secretary for purposes of this title) to make the allotment of funds for this part from 75 percent of the funds available for this title. Directs the Secretary to allot, from funds for this part: (1) one-half of one percent to specified U.S. territories and possessions in accordance with their respective needs; and (2) one-half of one percent to the Secretary of the Interior for grants to Indian tribal schools. Directs the Secretary to allot the remainder among the States on the basis of relative: (1) number of unemployed individuals; (2) number of unemployed individuals in each county in excess of six and one-half percent of the civilian labor force; (3) number of unemployed individuals in each county in excess of the national average unemployment rate; and (4) amount of basic grant funds received under chapter 1 of the Educational Consolidation and Improvement Act of 1981 (ECIA). Prohibits any SEA from reserving more than one percent of the State allotment for administrative costs and four percent to meet special needs. Directs the SEA to allocate the remainder: (1) among the counties on the same basis used for State allotments; and (2) within each county on the basis used by that State in distributing funds under chapter 1 of ECIA. Sets forth requirements for receipt of allotment. Requires SEAs to submit, within 30 days after receiving notice of such allotment, a statement of agreement to use such funds in accordance with this Act and to provide quarterly reports. Directs the Secretary, within 30 days after the final day for such submissions, to make a final allotment. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by SEAs. Prohibits the Secretary from withholding, suspending, or terminating payment of any allotment installment except in accordance with sanctions provisions of this Act. Part B: Higher Education Facility Improvement Jobs - Sets forth provisions for academic facility repair and renovation projects. Requires that funds made available to any institution of higher education under this part be used for projects and activities (in accordance with title I limitation of funds provisions) to employ eligible participants (qualifying under title I provisions) in repair, renovation, or rehabilitation of academic facilities. Requires that, to the maximum extent feasible, funds under this part be used for projects and activities for which on-site labor can begin within 120 days of receipt of such funds. Requires that funds allotted to each State under this part be made available, in accordance with its State plan under the Higher Education Act of 1965, through the higher education building agency to assist institutions of higher education in the repair, renovation, and rehabilitation of academic facilities and libraries if the primary purpose of such assistance is to enable such institutions to: (1) economize on the use of energy resources, with a priority for the use of coal, solar, and renewable resources; (2) conform their academic facilities and libraries with specified requirements under the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973, and with requirements of government environmental protection or health and safety programs; (3) renovate research facilities and postsecondary technician training facilities; and (4) detect, remove, or contain asbestos hazards in facilities used by students. Sets forth requirements for receipt of allotment. Requires States to submit, within 30 days after receiving notice of such allotment, statements: (1) designating a fiscal agent for receipt of allotment payments; and (2) agreeing to use such funds in accordance with this Act and to provide quarterly reports. Directs the Secretary, within 30 days after the final day for such submissions, to make a final allotment. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by the States. Prohibits the Secretary from withholding, suspending, or terminating payment of any allotment installment except in accordance with sanctions provisions of this Act. Part C: Special Definitions for Title III - Sets forth special definitions for purposes of this title. Title IV: State Employment Service Responsibilities - Authorizes appropriations for FY 1983 and succeeding fiscal years to enable the United States Employment Service (USES) to provide funds to State employment service agencies to provide the following services in accordance with agreements with recipients under titles II and III: (1) certification of eligible participants in accordance with title I provisions, and their referral to available job openings; and (2) labor market information and job search services, including counseling, to assist participants in finding regular unsubsidized employment as soon as possible, with special emphasis on services for those approaching the maximum duration for participants under this Act. Sets forth provisions for State job bank systems. Authorizes appropriations for FY 1986 through 1989, to be made available by USES for development and implementation of job bank systems in each State, designed to use computerized electronic data processing and telecommunications systems for certain purposes. Requires, where possible, that such systems be able to use software compatible with other systems (including management information, unemployment insurance, and other income maintenance programs) used in employment and training administration. Requires that, in the development of such systems, special consideration be given to the advice and recommendations of the State occupational information coordinating committees and other users of such systems. Title V: General Provisions - Sets forth general requirements relating to employment and projects under this Act. Sets forth nondiscrimination provisions. Prohibits projects involving construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or religious worship. Requires that funds under this Act be used only for activities which are in addition to those which would be available in the area in the absence of such funds. Prohibits providing funds for subsidized employment under this Act to private organizations to conduct activities customarily performed by public employees in the area. Limits participation in title II or III activities to residents of the area of the recipients. Prohibits the employment, in a subsidized wage position under this Act, of individuals who have voluntarily terminated without good cause, within the preceding six months, full-time employment at or exceeding the Federal minimum wage. Prohibits the funding of any program involving political activities. Requires that participants in subsidized employment under this Act be paid at least the highest of the Federal, State, or local minimum wage, or the prevailing rate of pay for employment in similar occupations by the same employer. Limits the portion of any wages paid from funds under this Act to $230 per week. Adjusts such maximum annually according to national aggregate wage and salary increases. Permits such wages to be supplemented by other sources, up to an amount equal to 50 percent of such maximum. Requires that participants be allowed sufficient time off from work activities to participate effectively in job search activities. Permits funds under this Act to be used to employ individuals in part-time, flexible-time, and work-sharing employment customarily offered by the employer, if such individuals receive benefits customarily provided with such employment by the same employer. Requires programs under this Act to maintain an individual work record for each participant. Requires that any funds appropriated for this Act which are allotted for any fiscal year be available for expenditure by the recipient during a one-year period beginning on the date of payment. Prohibits revocation or cancellation of any part of any allotment as long as such funds are expended within such period. Directs the Secretary (of Labor or Education, as appropriate) to reallot any funds not expended during such period among other eligible recipients. Directs the Secretary to insure that each individual participating in any program established under this Act, or receiving any assistance or benefit under this Act, has not violated specified provisions of the Military Selective Service Act by not presenting and submitting to registration. Directs the Director of the Selective Service System to cooperate with the Secretary in carrying out this requirement. Makes regulations promulgated by the Secretary under specified provisions of the Comprehensive Employment and Training Act as in effect on April 1, 1981, applicable to funds provided under this Act for the purposes of assuring against program abuses. Sets forth program labor standards relating to conditions of employment and training, health and safety standards, workers' compensation benefits, and job benefits and working conditions. Prohibits the use of funds under this Act for contributions on behalf of any participant to retirement systems or plans. Prohibits displacement of any currently employed worker by participants in programs funded under this Act. Prohibits such programs from impairing existing contracts for services or collective bargaining agreements. Requires the written concurrence of the labor organization and the employer concerned before any such program which would be inconsistent with the terms of a collective bargaining agreement may be undertaken. Prohibits program participants from being employed or job openings from being filled when: (1) any other individual is on layoff from the same or any substantially equivalent job; or (2) the employer terminates the employment of any regular unsubsidized employee in the same or any substantially equivalent job or otherwise reduces the number of regular unsubsidized employees in such jobs. Prohibits the employment of, or the filling of a job opening by, any participant whose wages are subsidized under this Act in any "government" (meaning a State or local government, public agency, or local educational agency) department having 25 or more regular unsubsidized employees, unless the number of such employees currently employed is at least equal to a number determined according to a specified formula. Prohibits the creation of jobs in a promotional line that will infringe in any way on the promotional opportunities of currently employed individuals. Requires that quarterly reports submitted under specified provisions of this Act: (1) be transmitted by the recipient to any labor organization representing government employees who are engaged in work similar to that performed by employees whose wages are subsidized under this Act; (2) set forth specified information relating to numbers of unsubsidized and subsidized employees of government departments in which subsidized employment is provided under this Act; and (3) include a statement identifying and explaining job reductions in any department where there has been a decline of unsubsidized employees above a specified amount over a certain period. Sets forth procedures for review of complaints by employees or labor organizations concerning violations of this Act by governments employing subsidized employees. Requires repayment of any funds under this Act expended in such violations. Requires recipients of funds under this Act to provide the Secretary with assurances that none of such funds will be used to assist, promote, or deter union organizing. Requires that an opportunity for comment be provided for any labor organization representing a substantial number of employees engaged in similar work or training in the same areas as that proposed to be funded under this Act. Applies the wage rate requirements of the Davis-Bacon Act to all laborers and mechanics employed by contractors or subcontractors in works federally assisted under this Act. Provides that such rates are not required to be paid to participants under this Act unless they are employed in connection with projects funded by this Act in whole or in part, exclusive of wages and benefits, or projects covered by any other statute requiring the payment of such Davis-Bacon Act wage rates. Sets forth provisions for fiscal controls and sanctions under this Act. Sets forth provisions for judicial review of any corrective action or sanction imposed under this Act. Authorizes appropriations to provide opportunities for unemployed individuals under this Act. Authorizes such appropriations in a specified amount for FY 1986. Limits the authorization of such appropriations in each succeeding fiscal year to an amount equal to the product of $10,000 multiplied by 20 percent of the number of "long-term unemployed individuals" (i.e. the average number of individuals in the civilian labor force who, in the first three months of the fiscal year for which the appropriation is to be made, had been unemployed for 15 or more weeks as determined by the Bureau of Labor Statistics on a seasonally adjusted basis). Provides that, if the national average rate of unemployment in the civilian labor force is less than ten percent in the first three months of the calendar year in which begins the fiscal year for which such an appropriation is to be made, the "20 percent" in such formula shall be decreased by five percentage points for each full percentage point by which such national average rate of unemployment is less than ten percent. Provides that, for any fiscal year, 80 percent of such appropriations shall be available for purposes of title II (Community Renewal Employment Programs) and 20 percent shall be available for title III (Educational Facility Repair and Renovation Employment Activities).
United States · United States Congress · 24 January 1985
Encourages the President's efforts to achieve deep cuts in the amounts of nuclear weapons held by each nation and to establish an enduring peace. Declares that the Congress would welcome an international agreement based on specified principles providing for: (1) the staged, proportional disarmament of all nations until nonthreatening force levels are reached under effective international inspection and control; and (2) concurrent agreements (in accordance with specified principles) providing methods for the peaceful settlement of international disputes, for effective compliance during the staged disarmament process, and for effective enforcement as nonthreatening force levels are approached. Urges the President to initiate: (1) renewed consideration of the "Joint Statement of Agreed Principles for Disarmament Negotiations" ("Joint Statement") by appropriate U.S. agencies; and (2) joint United States and Soviet reconsideration of such "Joint Statement." Requests the President to: (1) transmit copies of this resolution to the heads of government of all nations and to invite them to participate in negotiations on such an international agreement; and (2) report to the Congress on the steps taken respecting this resolution and the responses received and on the U.S. reassessment of the "Joint Statement."
United States · United States Congress · 22 January 1985
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.
![Official portrait of Rep. Seiberling, John F. [D-OH-14]](https://www.congress.gov/img/member/s000230_200.jpg)