United States · United States Congress · 3 April 1985
Minority Opportunity Restoration Act of 1985 - Title I: Tax Incentive for Enterprise Zones - Enterprise Zone Act of 1985 - Subtitle A: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Provides that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 225 nominated areas over a 36-month period (one-third of which must be in rural areas). Limits the period during which such designations shall remain in effect. Provides that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical areas (with a population of at least 50,000) or 1,500 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on June 30, 1988, or three years after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate enterprise zones. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Exempts enterprise zones from certain requirements relating to Federal environmental policy. Subtitle B: Federal Income Tax Incentives - Part I: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three-year carryback and 15-year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $9,000 in wages per year). Phases out such credit in the last three years of the enterprise zone designation. Part II: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Phases out such credit in the last three years of the enterprise zone designation. Part III: Rules Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Part IV: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Part V: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Secretary of the Treasury should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Subtitle C: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses and governments and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modification of a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Subtitle D: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to and expedite applications for the establishment of ports of entry necessary to establish such zones. States that, to the maximum extent practicable, foreign-trade zones should be established within enterprise zones. Title II: Youth Employment Opportunity Wage - Youth Employment Opportunity Wage Act of 1984 - Amends the Fair Labor Standards Act of 1938 to authorize employers to pay employees under 20 years of age 75 percent of the minimum wage rate between May and September of each year. Exempts such employees from special certificate requirements. Restricts such authorization to: (1) hours worked by eligible employees in compliance with applicable child labor laws; and (2) youth employed after May 1 of each year. Prohibits the removal of employees ineligible for the subminimum wage rate in order to replace them with employees who are eligible. Makes technical and conforming amendments to the Job Training Partnership Act. Terminates the minimum wage rate exception after September 30, 1987. Directs the Secretary of Labor to monitor the implementation of this Act and to report to the Congress concerning the employment effects of this Act. Title III: Urban Homesteading - Urban Homestead Act of 1985 - Amends the United States Housing Act of 1937 to establish procedures under which families residing in public housing projects shall be provided with an opportunity to purchase their dwelling units. Requires the formation of a homeownership association composed of families who: (1) are capable of assuming the responsibilities of homeownership; (2) have resided in public housing projects for not less than 24 consecutive months; and (3) have resided in their current dwelling units for at least 12 consecutive months. Requires the Secretary of Housing and Urban Development to provide comprehensive improvement assistance to such projects to ensure that the physical condition, management, and operation of such projects are sufficient to encourage homeownership by resident families. Directs the Secretary and the responsible public housing agency to provide the training and technical and educational assistance necessary to prepare the families and the home ownership association for homeownership. Directes the Secretary to pay to the agency an amount equal to any reduction in the operating expenses of a project realized as a result of providing such assistance. Directs the agency to use such amount to reduce the purchase prices of dwelling units. Authorizes a homeownership association to purchase a public housing project after the Secretary determines that: (1) the association is prepared to manage and maintain the project with continued Federal assistance; and (2) project operating costs have been reduced sufficiently to make home ownership affordable to resident families. Allows an eligible family to purchase a dwelling if the Secretary determines that such purchase will not interfere with the rights of other resident families or harm the efficient operation of the project. Requires the Secretary to continue to pay annual contributions to such project after such a purchase. Limits the purchase price for a project or unit to 25 percent of its fair market value. Lists alternative purchasing arrangements. Directs the agency to assist a purchase by making a loan to a family or association at an interest rate not exceeding 70 percent of the market interest rate. Requires any unit or project purchaser who sells such property before the expiration of five years to pay the public housing agency a specified percentage of the sale price. Establishes procedures under which families residing in public housing projects shall be provided with an opportunity to undertake the management, maintenance, educational, and cultural functions of such project. Requires such families to form a resident management association. Directs the Secretary and the responsible public housing agency to provide necessary training and technical and educational assistance. Allows such association to undertake such functions after the Secretary determines it is capable. Prohibits the eviction of any resident family because of the sale of a project to a homeownership association. Authorizes the Secretary to: (1) help relocate any family which decides not to purchase its dwellings in a project where other units are purchased; or (2) provide such family with a housing voucher to permit such family to obtain comparable alternative housing. Directs the Secretary to furnish financial assistance to: (1) public housing agencies to enable such agencies to carry out this Act; and (2) purchasing families or associations for operating and maintenance expenses. Title IV: Equal Educational Opportunity Act - Equal Educational Opportunity Act of 1983 - Amends the Education Consolidation and Improvement Act of 1981 (ECIA) to permit payments to local educational agencies (LEAs) under Chapter 1 (Federal Assistance to Meet Special Educational Needs of Disadvantaged Children) of such Act to be used for educational voucher programs. Permits parents of educationally deprived children to use such vouchers to pay for: (1) full-time enrollment at private schools or at public schools outside their school district; or (2) compensatory services provided by the LEA to meet their special educational needs at public schools of their school district. Authorizes State educational agencies (SEAs) to require LEAs to use Chapter 1 funds to implement voucher programs. Requires that such State requirement be for all LEAs. Gives each LEA discretion to: (1) use such funds to implement a voucher program (if the SEA does not so require); and (2) distribute vouchers to some or all eligible parents. Sets forth requirements for: (1) authorized educational voucher programs; (2) other LEA special educational needs programs and projects under Chapter 1; and (3) LEA applications to SEAs for voucher programs. Declares that educational voucher program payments made by an LEA to a private school or to another LEA under this Act shall not constitute Federal financial assistance to the LEA or private school receiving such payments. Declares that use of Chapter 1 funds received in exchange for a voucher by a private school or a public school outside the eligible child's school district shall not constitute a program or activity receiving Federal financial assistance. Makes specified Chapter 1 provisions inapplicable to educational voucher programs. Sets forth requirements for nondiscrimination by private schools in the voucher program. Prohibits racially discriminatory policies at such schools. Amends the Internal Revenue Code to direct the Secretary of the Treasury to disclose to appropriate Department of Justice offices or employees any tax return or tax return information relevant to investigations by the Attorney General or proceedings brought under this Act to determine whether a school is following a racially discriminatory policy. Makes conforming amendments to specified provisions of Federal law relating to the creation of the declaratory judgment remedy to include references to provisions of this Act which authorize declaratory judgments by appropriate U.S. district courts as to whether a private elementary or secondary school follows a racially discriminatory policy.
United States · United States Congress · 3 April 1985
Expresses the sense of the House of Representatives that the Soviet Union should be condemned for the murder of Major Arthur D. Nicholson, Jr., and actions inconsistent with the 1947 Military Liaison Missions Agreement.
United States · United States Congress · 2 April 1985
Youth Suicide Prevention Act of 1985 - Title I: Commission for the Study of Youth Suicide - Establishes the Commission for the Study of Youth Suicide. Directs the Commission to conduct a study that will: (1) examine the causes of suicide among children and youth; (2) identify the most promising strategies for intervening in and preventing suicide; and (3) analyze the options available for assisting States and communities in implementing youth suicide prevention programs. Directs the Commission to prepare both a short- and long-range national plan for the prevention of youth suicide. Directs the Commission, within 15 months after the date of its initial meeting, to transmit to the President and the Congress a report containing a detailed statement of the findings, conclusions, and recommendations of the study. Provides for the membership of the Commission, including the Secretaries of Health and Human Services and of Education, or their delegates, and citizen leaders including some chosen from lists submitted by the American Association of Suicidology, the American Medical Association, the American Psychological Association, and the American Psychiatric Association. Provides for a Commission Director and staff and for Commission powers. Terminates the Commission 90 days after its report is transmitted. Authorizes appropriations to carry out this title for FY 1986 and 1987. Title II: Grants for Programs to Prevent Suicide among Children and Youth - Directs the Secretary of Health and Human Services (the Secretary), in cooperation with the Secretary of Education, to make grants for establishment and operation of youth suicide prevention projects to each applicant whose application is approved. Provides a list of the types of such projects which may be eligible for such grants (including youth school programs, community resources (such as 24-hour "teen hot-lines"), educational materials and public service announcements, and national and international conferences on youth suicide prevention. Requires that such grants be made under terms and conditions prescribed by the Secretary, in cooperation with the Secretary of Education. Limits the amount of such grant award to any one applicant to not more than: (1) a total of $500,000 for FY 1986 through 1988; and (2) 50 percent of the estimated cost of the project for any fiscal year. Makes States, local governments, and private nonprofit agencies eligible to apply for such grants. Directs the Secretary to approve an application if the applicant qualifies under specified provisions and meets such other requirements as the Secretary may prescribe by regulation. Requires that applications contain such information and assurances as the Secretary considers necessary. Sets forth qualification requirements for grant applicants. Requires an applicant that is a State or local government to have in effect and be implementing a primary suicide prevention program directed at children and youth. Requires an applicant that is a private nonprofit agency to demonstrate, in a manner prescribed by regulation by the Secretary, that the agency is cooperating with other private agencies and with Federal, State, and local governments to help prevent suicide among children and youth. Directs the Secretary, in consultation with the Secretary of Education, to submit to the President and the Congress an annual report evaluating the types and effectiveness of programs and activities assisted under this Act during the preceding fiscal year. Requires that the last such report transmitted contain recommendations on the desirability of continuing such grants. Sets forth auditing provisions. Terminates the grants program established by this title three years after the first grant is awarded. Authorizes appropriations to the Secretary for grants under this title in specified limited amounts for FY 1986 through 1988.
United States · United States Congress · 2 April 1985
Military Chaplains Faith Balance Act of 1984 - Directs the Secretary of Defense to increase the representation of underrepresented religious faiths among armed forces chaplains.
United States · United States Congress · 2 April 1985
Limits the percentage of the U.S. monetary contribution to the United Nations and its affiliated agencies to a percentage that is no greater than the percentage of the U.S. nationals employed by the United Nations and such affiliated agencies.
United States · United States Congress · 2 April 1985
Directs the Secretary of Health and Human Services to conduct a study of the benefit disparities caused by the 1977 changes in the social security benefit formula. Directs the Secretary to report the results of the study to the Congress and the Congressional Budget Office. Directs the Director of the Congressional Budget Office to report to the Congress that Office's conclusions and recommendations regarding the Secretary's report.
United States · United States Congress · 28 March 1985
Youth Employment Opportunity Wage Act of 1985 - Amends the Fair Labor Standards Act of 1938 to authorize employers to pay employees under 20 years of age 75 percent of the minimum wage rate between May and September of each year. Exempts such employees from special certificate requirements. Restricts such authorization to: (1) hours worked by eligible employees in compliance with applicable child labor laws; and (2) youth employed after May 1 of each year. Prohibits the removal of employees ineligible for the subminimum wage rate in order to replace them with employees who are eligible. Makes technical and conforming amendments to the Job Training Partnership Act. Directs the Secretary of Labor to monitor the implementation of this Act and to report to the Congress concerning the employment effects of this Act. Terminates such minimum wage rate exception after September 30, 1987, and repeals, as of that date, the amendments made by this Act.
United States · United States Congress · 28 March 1985
Amends the Internal Revenue Code to permit States and local governments to provide statements of tax refunds, credits, and offsets to individuals at any time during the calendar year for which such governments make a return, but not later than January 31 of the year following the year of the return. (Current law requires such statements to be furnished in January of the year following the year of the return.)
United States · United States Congress · 28 March 1985
States that the United States does not recognize any spheres of influence in Europe and repudiates the negative consequences of the Yalta agreements of 1945. Proclaims hope for the self-determination of people subjected to Soviet despotism and expresses solidarity with the peoples of Central and Eastern Europe.
United States · United States Congress · 27 March 1985
Expresses the sense of the House of Representatives that travel by Members of Congress to the Soviet Union and travel by Soviet leaders to the United States serves the interests of the two nations and that such travel is encouraged.
United States · United States Congress · 26 March 1985
Amends the Hobbs Act to provide that extortionate conduct that occurs in or is associated with a labor dispute is wrongful if it would be wrongful under the Act in the absence of a labor dispute.
United States · United States Congress · 25 March 1985
Amends the Racketeer Influenced and Corrupt Organizations Statute to extend the Act's coverage to the sexual exploitation of children. Authorizes a civil suit for treble damages for any person injured personally or in their business or property.
United States · United States Congress · 21 March 1985
Slave Labor Act of 1985 - Amends the Tariff Act of 1930 to prohibit the importation into the United States or sale within the United States of all goods which have not been affirmatively demonstrated not to have been produced by convict, forced, or indentured labor. Directs the Secretary of Defense to enforce such prohibition and to issue reports every six months identifying such goods. Amends the Trade Act of 1974 to provide that products from any communist regime shall not be eligible to receive non-discriminatory treatment (most-favored-nation treatment).
United States · United States Congress · 21 March 1985
Requires the President to include with the annual Federal budget submitted to the Congress another budget prepared by the Board of Governors of the Federal Reserve System showing estimated receipts and expenditures for itself and all Federal Reserve banks for the next three fiscal years.
United States · United States Congress · 21 March 1985
Treaty Integrity Act of 1985 - Directs the Secretary of Defense: (1) to prepare a report, within 100 days of enactment of this Act, setting forth violations by communist regimes of any treaty or international agreement to which the United States is a party; and (2) within 180 days after such report to prepare another report setting forth actions taken under this Act with respect to such violations, responses to those actions by other parties to the treaty or agreement involved, and any other violations which were not contained in the previous report. Directs the President to submit such reports to the Congress. Directs the President in cases where communist regimes have violated a treaty or international agreement to notify the other parties to the treaty or international agreement of actions taken by the United States in response to such violations. Authorizes the President to: (1) implement the procedures provided in the treaty or agreement to withdraw the United States from the treaty or agreement; or (2) take other appropriate actions. Authorizes the President to terminate withdrawal from a treaty or agreement if the communist regime rectifies the violation. Defines "communist regime."
United States · United States Congress · 21 March 1985
Amerasian Children Relief Act of 1985 - Amends the Immigration and Nationality Act to provide for the admission of certain children fathered by U.S. citizens in Korea, Vietnam, Laos, Thailand, or Kampuchea who have: (1) been released by their mothers for adoption and emigration; and (2) been adopted or will be adopted by U.S. citizens (including certain single parents).
United States · United States Congress · 20 March 1985
Asbestos Workers' Recovery Act - Title I: Supplemental Benefits - Establishes a Federal supplemental benefit program for death or disability caused by occupational exposure to asbestos. Provides guidelines for: (1) the calculation of benefits in proportion to disability; (2) payment methods; and (3) payment priorities. Exempts such supplemental benefits from: (1) any tax or legal process; and (2) any offset for administrative benefits under State or Federal law. Sets guidelines for the offset of supplemental benefits where reorganization or liquidation proceedings occur under Federal bankruptcy laws. Makes supplemental benefits payable only out of the Asbestos-Related Disease Trust Fund established by this Act. Conditions eligibility for supplemental benefits upon such benefits' being the exclusive remedy of an individual for occupational exposure to asbestos. Prescribes guidelines for the filing and payment of asbestos-related disease claims. Directs the Secretary of Health and Human Services (the Secretary) to apply by analogy specified portions of the Social Security Act when making determinations of: (1) entitlement to benefits; (2) review of claims; and (3) delegations of authority to State agencies. Directs the Secretary of Labor, in consultation with the Secretary, in determining eligibility for a supplemental benefit under this Act, to determine annually the average weekly wage for manufacturing workers in each State. Requires such determinations to govern decisions regarding all claims filed in the following calendar year. Requires the Secretary to rely upon: (1) prior court decisions regarding a claimant; and (2) prior determinations by the appropriate workers' compensation program regarding specified eligibility criteria. Specifies exceptions. Requires the Secretary to apply the appropriate workers' compensation law when reviewing supplemental benefit claims. Creates within the Department of Health and Human Services the National Medical Panel on Asbestos-Related Diseases to: (1) decide which diseases belong to the list of asbestos-related diseases; (2) review claims to determine whether a person's disease was caused by asbestos exposure; and (3) publish certain Medical Assessment Guidance Documents. Provides guidelines for the appointment of medical scientists to the Panel from certain organizations. Directs the Panel to promulgate a list of asbestos-related diseases and to provide explanations of any decisions to include or omit a disease from such list. Outlines conditions under which the Panel shall review claims for asbestos-related diseases which do not appear on the panel's list of diseases. Requires the Panel to determine within a specified time whether the disease in the referred claim should be included on such list. Requires the Panel to publish Medical Assessment Guidance Documents including specific medical diagnostic criteria to aid parties and decisionmakers determine whether a death or disability was caused by occupational exposure to asbestos. Title II: Finance - Prescribes guidelines under which: (1) assessments are imposed against each asbestos defendant; (2) assessment allocating factors are assigned to asbestos defendants; (3) assessments are imposed against asbestos insurance policies; and (4) assessments are imposed against companies undergoing Federal bankruptcy proceedings. Sets the aggregate semiannual assessment on defendants on June 30 and December 31 of 1985 and 1986 at $150,000,000. Sets forth formulas for determining the aggregate semiannual assessment on each assessment due date in 1987 and thereafter. Imposes interest upon assessments not paid by the due date. Requires the Secretary of the Treasury to: (1) conduct studies determining assessment allocation factor amounts and assessment apportionment ratios; and (2) promulgate compliance regulations. States that assessment payments do not prejudice the right to recover or challenge such payments. Treats asbestos-related disease assessments imposed upon either an asbestos defendant or an asbestos insurance policy, for Federal income tax purposes, as ordinary and necessary expenses incurred in carrying on the trade or business, on the one hand, and insurance contract losses, on the other. Treats asbestos-related disease assessments as miscellaneous excise taxes. Establishes in the Treasury the Asbestos-Related Disease Trust Fund (the Trust Fund). Details the manner in which such Trust Fund shall be funded and administered. Makes the Secretary of the Treasury the Managing Trustee, and delineates trustee functions. Provides for repayable initial advances and repayable cash flow advances to the Trust Fund during specified periods of FY 1985. Authorizes appropriations for FY 1986 and subsequent fiscal years for the Trust Fund. Establishes within the Department of the Treasury the Asbestos-Related Disease Trust Fund Conservation Committee (the Committee) comprised of the Managing Trustee and five public members appointed by the President. Includes among the consultation and review functions of such Committee: (1) claim disposition; (2) grant and contract awards; and (3) claims and assessments analysis. Directs the Committee to submit an annual report to the Congress regarding the performance of its responsibilities. Authorizes the Committee, with the advice and assistance of the Secretary of Labor, to instruct the Managing Trustee to award grants and contracts to specified organizations for the purpose of: (1) improving State workers' compensation programs; (2) assuring the availability of medical specialists to assist government agencies; (3) establishing medical evaluation units to determine occupational sources of asbestos-related diseases; and (4) medical treatment research. Title III: Miscellaneous - Makes the supplemental benefits under this Act and the applicable workers' compensation programs the exclusive remedy for occupational exposure to asbestos. Exempts certain persons from liability for occupational exposure to asbestos. Removes jurisdiction from State or Federal tribunals to adjudicate any claim of liability for occupational exposure to asbestos after enactment of this Act. Confers jurisdiction for judicial review of administrative acts under this Act only upon the United States Court of Appeals for the District of Columbia Circuit. Confers jurisdiction for questions of assessments and constitutionality under this Act only upon a special three-judge district court established in the District Court for the District of Columbia. Requires all administrative costs and expenses of this Act to be paid out of the Trust Fund. Directs the Secretaries of Health and Human Services, Labor, and the Treasury, and the Attorney General to submit an analysis and certification of their respective costs under this Act to the Managing Trustee for reimbursement.
United States · United States Congress · 19 March 1985
Tax Fairness for Families Act - Amends the Internal Revenue Code to increase the amount of the deduction allowed for the personal exemption from the current amount of $1,000 to $2,000.
United States · United States Congress · 7 March 1985
States that the Congress: (1) reaffirms the Organization of American States declaration that the solution to Nicaragua's political problems is within the exclusive jurisdiction of the Nicaraguan people; (2) urges the President to grant political recognition to the democratic Nicaraguan Resistance; and (3) urges the President and the Organization of American States to support the Resistance.
United States · United States Congress · 4 March 1985
Expresses the sense of the Congress that the President should express to the Soviet Union the U.S. opposition to the Soviet Union's slave labor policies by all possible means, including refusing to permit imports of products made by such labor. Requests the President to end the delay in enforcing the restriction against importing goods produced by forced labor.
United States · United States Congress · 28 February 1985
Regulatory Oversight and Control Act of 1985 - Title I: Agency Rulemaking Improvements - Requires each executive agency and each independent regulatory agency to include in the notice of a proposed rule an explanation of the agency's determination as to whether the rule is a major rule. Directs each agency, before or upon publishing notice of a proposed rulemaking proceeding for a major rule, to issue statements concerning: (1) the need for the rule; (2) the reasonable alternative approaches; (3) regional differences; (4) the benefits, costs, and effectiveness of the proposed rule and alternatives; (5) the advantages and disadvantages of adopting performance standards rather than design standards; (6) the technical information the agency will rely on in making the rule; and (7) the statutory authority of the agency to regulate any areas previously regulated only by State law. Requires that each agency issue additional statements upon providing notice of the promulgation of a major rule, including a statement of its determination that the benefits of the rule will justify the costs of the rules and that the rule will achieve rulemaking objectives in a more cost effective manner than the alternatives. Directs each agency to: (1) include in the notice of each proposed and final major rule, instructions on how the public may obtain copies of agency statements on such rule; (2) send a copy of all statements required at the notice and publication of a major rule to the President; and (3) include such statements and any technical information considered in the rulemaking file. Requires agencies to provide for oral presentations at informal public hearings as part of the rulemaking proceedings for major rules. Directs agencies to allow cross-examination of persons presenting information if necessary to resolve significant issues of fact. Directs agencies to regulate such public hearings so as to ensure orderly and expeditious proceedings. Allows an agency to delay completing the rulemaking requirements of this Act if it publishes a finding that complying with such requirements before making the rule would be impracticable, unnecessary, or contrary to the public interest. Requires an agency to complete such requirements as soon as practicable after promulgating the rule unless the rule will expire within two years. Sets forth provisions governing the judicial review of agency compliance with rulemaking and rule review requirements of this Act and the President's compliance with oversight requirements. Directs the President to: (1) establish procedures for agency implementation of the requirements of this title; (2) afford the public an opportunity to comment on such procedures before adoption; and (3) monitor, review, and comment on agency compliance with such requirements. Permits the Comptroller General to review agency compliance with this Act. Requires each agency to publish in the Federal Register, semiannually, a regulatory agenda containing a list of all rules the agency expects to propose, promulgate, repeal, modify, or review in the next year and specified information concerning such rules. Requires publication of the agendas of all agencies in a single issue of the Federal Register. Directs each agency to publish for public comment a proposed schedule for the review of its existing major rules and other rules that may be added by the agency or the President. Declares that each such rule shall cease to be effective not more than ten years after the date the final schedule is published. Directs each agency to publish its responses to public comments upon publishing the final schedule. Requires an agency to include with the publication of a major rule the date, within ten years, on which the rule will expire and the date by which the rule must be reviewed. Directs each agency to: (1) publish a notice of the initiation of the review of a rule; (2) describe the costs, benefits, problems, and alternatives to the rule; (3) provide a period for public comment; and either (4) conduct a rulemaking proceeding to reissue or amend the rule; or (5) publish an explanation of its decision to allow the rule to expire. Allows agencies to alter review schedules if the President agrees. Eliminates the exemption of rules concerning loans, grants, and benefits from notice and comment rulemaking requirements. Requires that the notice of a proposed rulemaking include: (1) a statement of the objectives of the rule; (2) a statement that the agency seeks proposals from the public of alternative methods; and (3) a statement of where the file of the rulemaking proceeding may be inspected or how file copies may be obtained. Requires an agency to: (1) provide a period of at least 60 days after publishing a notice of proposed rulemaking for the public to submit comments on a proposed rule; and (2) include the agency's response to such comments in the statement published with the adopted rule. Prohibits an agency from relying on any material of central relevance in a rulemaking if the material is not included in the rulemaking file or the public has not had an opportunity to comment on the material. Directs each agency to maintain a public file on each rulemaking proceeding. Allows an agency to exclude from such file any material relied upon which is exempt from public disclosure under the Freedom of Information Act, if a statement of the basis for such exclusion is included. Requires a court reviewing an agency action: (1) not to accord any presumption in favor of or against agency action; (2) in determining questions of law other than statutory jurisdiction, to give the agency's interpretation such weight as it warrants considering the agency's authority under law; (3) in making determinations concerning statutory jurisdiction, to determine whether the action is within the agency's jurisdiction on the basis of the statutory language or other indications of legislative intent; and (4) in determining whether the adoption of a rule is in accordance with law, to consider whether there is substantial support in the rulemaking file for the agency's factual determinations. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within ten days, the Administrative Office of the United States Courts shall select, by a system of random selection, the court in which the record shall be filed. Authorizes the courts to postpone the effective date of the agency action as necessary to permit designation of the court of record. Prohibits agencies from paying expenses of persons participating or intervening in agency proceedings except as specifically authorized by statute. Title II: Congressional Review of Agency Rules - Requires each agency to transmit a copy of each rule it promulgates to the House of Representatives and the Senate. Declares that such rule shall be considered only as a recommendation of the agency to Congress. Prohibits a major rule from taking effect unless a joint resolution approving the rule is enacted within 90 days. Prohibits a rule other than a major rule from taking effect if a joint resolution disapproving the rule is enacted within 90 days. Prohibits an agency from promulgating a new rule that is substantially the same as a major rule that was not approved or any other rule that was disapproved. Directs the Comptroller General, at the request of a committee of either House which has primary legislative jurisdiction over a rule or on his or her own initiative, to inform such committee as to whether the rule is consistent with the statutory authority under which it was promulgated. Exempts an emergency rule from such congressional review requirements if the agency submits to the appropriate congressional committees a written notice of: (1) its determination that the rule is an emergency rule; (2) the time period (limited to 210 days) during which the rule will be effective; and (3) its intention to issue a final rule, if necessary, when such emergency rule expires. Sets forth House and Senate procedure for the consideration of such resolutions of approval or disapproval. Declares that: (1) congressional inaction on or rejection of a resolution disapproving a rule shall not be deemed an expression of approval of that rule; and (2) enactment of a resolution approving a major rule shall not be construed to create any presumption of validity with respect to such rule and shall not affect the judicial review of such rule. Title III: Regulatory Oversight and Control Amendments to House Rules - Amends the Rules of the House of Representatives to establish a Regulatory Review Calendar to which all resolutions for the approval or disapproval of agency rules shall be referred. Provides for the consideration of the resolutions on such Calendar on the first and third Monday and the second and fourth Tuesday of each month. Declares that it shall be in order during the reading of a general appropriation bill to consider any germane amendment proposing a limitation restricting the implementation of an agency rule, other than a major rule, for which a resolution of disapproval has not been considered by the House, or has been passed by the House but not enacted, within the time required under this Act. Requires each standing committee of the House to consider and adopt its oversight plans in a meeting which is open to the public by March 1 of the first session of a Congress. Directs each such committee to: (1) consult with other congressional committees with jurisdiction over the same areas to assure that such areas are reviewed in the same Congress and that there is maximum coordination and cooperation between such committees in conducting such review; (2) give priority to the review of programs under permanent budget or statutory authority; and (3) attempt to ensure that all laws, programs, activities, and agencies within its jurisdiction are reviewed at least once every ten years. Requires each committee to submit its final plans to the Committee on Government Operations which shall report all such plans to Congress with recommendations to assure the effective coordination of such plans. Authorizes the Speaker of the House, with the approval of the House, to appoint special ad hoc committees to review specific matter within the jurisdiction of two or more standing committees. Requires each committee to include in its biennial report to the House separate sections summarizing the legislative and oversight activities of that committee. Declares that it shall not be in order in the House to consider a primary expense resolution for any committee that has not submitted its oversight plans to the Committee on Government Operations.
United States · United States Congress · 28 February 1985
Export Administration Amendments Act of 1985 - Amends the Export Administration Act of 1979 to increase the penalty from ten years' to 20 years' imprisonment for individuals who export anything in violation of this Act with knowledge that such exports will benefit a country to which exports are restricted for national security or foreign policy purposes. Increases the penalty from five to ten years' imprisonment for persons who export, under license, goods or technology to a controlled country knowing such country uses the goods for military or intelligence purposes contrary to the conditions under which the license was issued. Adds to the penalties for such violations a prohibition against such violators exporting any goods or technology from the United States for five years. Prohibits importing into the United States any goods or technology from a person who, according to reliable evidence, has exported to a communist country goods or technology which under such Act are prohibited from being exported to a communist country. Directs the Secretary of Defense to establish procedures for enforcing such prohibition. Extends the authorities of the Export Administration Act of 1979 through September 30, 1991.
United States · United States Congress · 28 February 1985
Directs the President to report quarterly to the Congress on all outstanding loans, loan guarantees, credits, and grants issued by the Federal Government or by a multilateral organization of which the United States is a member to the government of a Communist country or to any person on behalf of (or any entity controlled by) a Communist country. Specifies information to be included in the report.
United States · United States Congress · 28 February 1985
Expresses the sense of the Congress that, in order to honor the Camp David Accords, Egypt should: (1) return its Ambassador to Israel; (2) take steps to increase trade and tourism with Israel; and (3) take steps to curb anti-Semitic statements.
United States · United States Congress · 27 February 1985
Tobacco Deregulation Act of 1985 - Amends the Agricultural Act of 1949 to repeal tobacco price support provisions. Amends the Agricultural Adjustment Act of 1938 to repeal tobacco acreage allotment and marketing quota provisions. Amends the Food and Agriculture Act of 1965 to repeal tobacco allotment transfer provisions. Amends the Agricultural Trade Development and Assistance Act of 1954 (P.L. 480) to exclude tobacco from specified concessional export provisions. Amends the Commodity Credit Corporation Charter Act to prohibit the Commodity Credit Corporation from assisting tobacco production. Amends the Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to prohibit the issuance of tobacco marketing orders. Repeals the Tobacco Control Act. Withdraws congressional consent from any interstate compact regulating tobacco production and commerce.
United States · United States Congress · 26 February 1985
Amends the Housing and Community Development Act of 1974 to provide for the permanent classification of certain cities as metropolitan cities for purposes of the community development block grant assistance (unless such city no longer qualifies as metropolitan on the basis of a decennial census conducted after FY 1985).
United States · United States Congress · 26 February 1985
Amends the Internal Revenue Code to increase to $4,000 the maximum deduction for contributions to retirement savings plans and to allow married individuals to compute the amount of their income tax deduction for contributions to retirement savings plans on the basis of the earnings of their spouse.
United States · United States Congress · 25 February 1985
Authorizes the Armored Force Monument Committee, the United States Armor Association, the World Wars Tank Corps Association, the Veterans of the Battle of the Bulge, the 11th Armored Cavalry Regiment Association, the Tank Destroyer Association, the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, and 16th Armored Division Associations, and the Council of Armored Division Associations to erect a memorial in or near Arlington National Cemetery, Virginia, to honor and commemorate the American Armored Force. Directs the Secretary of the Interior, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, to select the site and approve the design and plans. Obligates the United States to expenses of maintenance only. Requires the commencement of the erection of the memorial within five years with a certification of sufficiency of funds necessary before commencement.
United States · United States Congress · 21 February 1985
Authorizes the President, on behalf of the Congress, to present a gold medal to the family of Harry Chapin in recognition of Harry Chapin's efforts to address issues of world hunger. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 21 February 1985
Children's Justice Act - Amends the Child Abuse Amendments of 1984 to authorize a Children's Justice Grant program. Authorizes the Secretary of Health and Human Services to make additional grants to States under specified provisions of the Child Abuse Prevention and Treatment Act for identification, treatment, and prevention of sexual abuse. Makes a State eligible for such assistance if the Secretary determines that the State, within one year after the enactment of this Act, has enacted specified legal and administrative changes with respect to the investigation and prosecution of child sexual abuse cases. Requires a State, to be eligible for such assistance, to have in effect a child sexual abuse program which includes at least one statute or administrative procedure to carry out the following categories of reforms: (1) handling such cases so as to reduce the trauma to the child victim; (2) improving the chances of successful prosecution or legal action against child molesters; and (3) improving procedures to protect children from sexual abuse. Directs the Secretary to issue necessary regulations for such assistance program. Authorizes appropriations for FY 1986 and 1987.
United States · United States Congress · 21 February 1985
National Training Incentives Act of 1985 - Declares that it is the policy and responsibility of the Federal Government to encourage cooperation between employers and employees to promote training programs which will assist employees, should they be displaced from the work force, in training for a trade or occupation for which present and future employment opportunities exist. Enumerates congressional findings with respect to the inadequacies of existing employment and training programs, the importance of such programs to the national security and economy, the current funding of such programs, the impact of foreign trade competition on the U.S. economy and job market, and the inadequacies of the unemployment compensation system. Title I: Amendments to Internal Revenue Code of 1954 Relating to Employee Training - Amends the Internal Revenue Code to establish an employee training credit for employers. Adds such employee training credit to those credits which are included in the current year business credit for purposes of determining the general business income tax credit for a taxable year. (The Internal Revenue Code provisions for such general business income tax credit permit three-year carrybacks and 15-year carryforwards of unused credits, with specified limitations.) Makes such employee training credit for any taxable year equal to 25 percent of the excess, if any, of: (1) the qualified training expenses of the taxpayer for such taxable year, over (2) the base period training expenses of such taxpayer. Defines "qualified training expenses" as the aggregate amount of expenses paid or incurred by the taxpayer during the taxable year in connection with the training of employees under approved training programs. Defines "base period training expenses" as the average of the qualified training expenses for each year in the base period. Defines "base period" as the five taxable years of the taxpayer immediately preceding the taxable year for which the determination is being made ("the determination year"). Sets forth transitional rules for the first four determination years beginning after December 31, 1984. Sets minimum base period training expenses by providing that, in the case of any determination year of the taxpayer for which the qualified training expenses exceed 200 percent of the base period training expenses, "50 percent of such qualified training expenses" shall be substituted for "the base period training expenses" in the formula to determine the amount of the credit. Defines "approved training program," for purposes of such employee training credit, to include: (1) any apprenticeship program registered or approved by Federal or State agencies; (2) any employer-designed or employer-sponsored training program which meets certain requirements prescribed by the Secretary of Labor (Secretary); (3) any cooperative education; (4) any training program designated by the Secretary which is carried out under the supervision of an institution of higher education; or (5) any other training program approved by the Secretary. Sets forth the special tax rules for the aggregation of qualified training expenses, allocations of such credits, and adjusted to such employee training credit amount for acquisitions and dispositions of a trade or business. Specifies that the employee training credit shall be in addition to any other deduction or credit allowed for the same expenses under the Federal tax law. Amends the Internal Revenue Code to exempt from any penalty tax early withdrawal from an individual retirement account or annuity (IRA) of a displaced worker if such withdrawals are made to pay training expenses, do not exceed the allowable amount, and are made in accordance with the requirements of this Act. Incorporates provisions of title II of this Act relating to the definition of displaced workers, training expenses, and allowable IRA distributions within the Internal Revenue Code provisions relating to individual retirement accounts and annuities. Title II: Withdrawals from Individual Retirement Accounts and Annuities for Job Training for Displaced Workers - Entitles a displaced worker to apply to the Secretary of Labor (Secretary) for certification of such individual's status as a displaced worker. Defines a "displaced worker" as any individual, as of the time of application for a certificate, who has at least 20 quarters of coverage under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, who has received employment counseling within the past year from an agency approved by the Secretary, and who is in one of the following categories: (1) receiving regular State unemployment compensation; (2) exhausted the right to receive such compensation; (3) unemployed, or received notification of termination of employment within six months, due to permanent closure of a plant or facility; or (4) unemployed for six months or more and with limited opportunity for employment in a similar trade or occupation within a reasonable commuting distance. Permits displaced workers to withdraw amounts from their individual retirement account or annuity (IRA) to pay the expense (tuition, fees, books, supplies, or required equipment) of an eligible training program. Limits the amounts of such IRA withdrawal to $4,000 per year (with cost-of-living adjustments), minus aggregate amounts distributed for training expense payments in the four immediately preceding taxable years. Requires withdrawals from an IRA for training expenses to be made only through the use of a voucher issued by the account trustee or insurance company custodian upon presentation to such trustee or custodian by the displaced worker of a displaced worker certificate and an invoice or statement evidencing that such worker has enrolled in an eligible training program. Sets forth requirements for the presentation and redemption of vouchers for payment of job training expenses. Prohibits depositary institutions from assessing any penalty against a displaced worker for early withdrawals from an IRA to pay such training expenses. Permits adjustments in the rate of return on certain investments when IRA funds are withdrawn to pay such training expenses. Provides that the participation of displaced workers in an eligible training program shall not disqualify such workers for unemployment compensation to which they are otherwise entitled. Defines "eligible training program" as a training program offered by an institution of higher education, a postsecondary vocational institution, a proprietary institution of higher education, or any other institution approved by the Secretary which prepares students for gainful employment in a trade or occupation in which present and future employment opportunities exist. Requires the Secretary to promulgate regulations for: (1) the application of an educational institution for qualification of its training program; and (2) criteria for determining whether such a job training program qualified as an eligible training program under the terms of this Act. Directs the Secretary, for purposes of determining whether certain job training programs qualify as eligible training programs, to consider any determination relating to such programs made by: (1) the Administrator of Veterans Affairs or a State approving agency for veterans' educational programs; (2) a private industry council established under the Job Training Partnership Act or other official or group empowered to make determinations under such Act; (3) the Secretary of Education; (4) any State education agency; or (5) a nationally recognized accrediting agency which the Secretary determines to be reliable in evaluating the quality of job training programs. Sets forth nondiscrimination requirements for institutions offering such job training programs. Requires the Secretary to minimize the amount of paperwork and time necessary to certify any individual as a displaced worker or any training program as an eligible training program. Title III: State Employment Service Responsibilities - Directs the Secretary of Labor to allocate funds to States to reimburse administrative costs of public employment offices which provide certification for displaced workers, labor market and training information, and job search services. Authorizes appropriations for such purpose for FY 1986 and thereafter. Directs the Secretary to submit a report to the Congress on a nationwide computerized job bank and matching program authorized under the Job Training and Partnership Act. Title IV: Miscellaneous Provisions - Amends the Job Training Partnership Act to direct the private industry councils established under such Act to make information on job training programs available throughout their service delivery areas. Exempts such councils from limitations on expenditures imposed by such Act in providing such information. Excludes from the computation of the amount of the expected family contribution to a student for Pell Grant purposes any unemployment compensation received by such student or any IRA distribution used to pay training expenses of such student, provided such student is certified as a displaced worker under the terms of this Act.
United States · United States Congress · 19 February 1985
Amends the RICO Statute (Racketeer Influenced and Corrupt Organizations) and the Controlled Substances Act to provide for the forfeiture of substitute property when, because of an act or omission of the defendant, the property subject to forfeiture: (1) is removed from the jurisdiction of the court or is otherwise unavailable for forfeiture; (2) is diminished in value; or (3) cannot reasonably be separated from property that is not subject to forfeiture.
United States · United States Congress · 19 February 1985
Amends the Federal criminal code to impose the death penalty or life imprisonment without the possibility of parole for murders committed by prisoners serving life sentences in Federal correctional institutions. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a guilty plea that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant with the approval of the Government, when the defendant is found guilty or pleads guilty to an offense punishable by death. Eliminates the requirement for a presentence report. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the evidence and aggravating factors which the Government must prove beyond a reasonable doubt. Directs the jury or the court to consider all the information and return a special finding identifying any mitigating or aggravating factors. Conditions imposition of the death penalty on a unanimous finding by the jury (or finding by the court) that: (1) some threshold aggravating factor exists; and (2) the aggravating factors sufficiently outweigh any mitigating factor found to exist. Directs the court upon a finding that a sentence of death is justified to impose the death penalty. Requires the court, in any hearing before a grand jury under this Act, to instruct the jury in considering the death sentence to disregard the race, color, national origin, creed, or sex of the defendant. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination.
United States · United States Congress · 19 February 1985
Military Real Property Disposal Act of 1985 - Alters the criteria for triggering the notice requirements before a proposed closure or realignment of any military installation may take place. Repeals the current criterion regarding any closure and any realignment involving a reduction of more than 1,000 or more than 50 percent of the civilian personnel authorized at the installation in question. Establishes as a new criterion any closure or realignment which increases the rate of unemployment in the economic region in question by one percent or more. Requires the Secretary of Defense or the military department concerned to include a socio-economic impact statement in any justification to the Armed Services Committees concerning a closing or realignment. Reduces the waiting period following the justification from 60 to 30 days. Removes from the Federal courts jurisdiction to review the actions of Federal officers and employees with respect to such closures or realignments.
United States · United States Congress · 19 February 1985
Liberty Double-Eagle Bullion Coin Act - Requires the Secretary of the Treasury to mint and issue gold double-eagle coins. Sets forth specifications for and the design of such coins. Makes such coins legal tender. Permits the sale of such coins at a price equal to the cost of minting and issuing such coins plus a surcharge equal to the amount by which the fair market value of gold bullion held by the United States and used in the minting of the coins exceeds the statutory maximum value of any gold certificates outstanding against the bullion. Requires the revenue from such surcharges to be used to reduce the national debt. Authorizes appropriations.
United States · United States Congress · 19 February 1985
Amends rule X of the Rules of the House of Representatives to require each standing committee to review, on a continuing basis and when considering public bills or resolutions, those portions of the President's Private Sector Survey on Cost Control (Grace Commission report) pertaining to such committee's jurisdiction. Amends rule XI to require each committee report on a public bill or resolution to contain: (1) an identification of each recommendation of the Survey to be implemented and the resulting estimated program cost savings or revenue enhancement; and (2) a statement setting forth the disposition of each recommendation pertaining to such bill or resolution.
![Official portrait of Rep. Siljander, Mark D. [R-MI-4]](https://www.congress.gov/img/member/s000409_200.jpg)