United States · United States Congress · 20 February 1985
Prohibits ending the voluntary restraint on imports of Japanese automobiles until U.S. exports to Japan are substantially increased and the U.S. trade deficit with Japan is substantially reduced.
United States · United States Congress · 7 February 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 · 6 February 1985
Malt Beverage Interbrand Competition Act - Declares that no antitrust law shall prohibit the importer, brewer, or trademark licensee of a trademarked malt beverage, when such beverage has substantial competition from other malt beverages in an area, from: (1) entering into an agreement granting a wholesale distributor the exclusive right to sell such beverage within any defined geographic area within a State; or (2) limiting such distributor to the sale of such beverage for ultimate resale to consumers in such area. Declares that this Act shall not affect any provision of any State law.
United States · United States Congress · 6 February 1985
Expresses the sense of the Senate that: (1) it would be in the best interests of allied security and unity for each member country of the security treaty (ANZUS) between Australia, New Zealand, and the United States to reinstate the practice of permitting all naval ships of other member countries access to the ports of such member country; and (2) the President should continue discussions with New Zealand regarding the access of U.S. ships to its ports, explore with Australia the desirability of a bilateral security treaty, preclude New Zealand from participating in military activities with the United States until the present impasse is resolved, and exercise the right of the United States to withdraw from New Zealand the benefits of the injury test provided under the Tariff Act of 1930.
United States · United States Congress · 31 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. Authorizes the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees in successful veterans' claims brought before a court as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 29 January 1985
Interstate Cost Estimate Act of 1985 - Revises Federal procedures regarding the establishment of interstate cost estimates to direct the Secretary of Transportation to apportion interstate construction funds and interstate substitute highway and public mass transit funds at the beginning of each fiscal year if the Congress has not approved such cost estimates to make such apportionment by that time. Directs the Secretary to apportion: (1) the interstate cost estimate sums remaining to be apportioned for FY 1985 and 1986; and (2) the interstate substitute cost estimate sums remaining to be apportioned for FY 1984 and 1985.
United States · United States Congress · 24 January 1985
Amends the Internal Revenue Code to treat the use of a public safety vehicle by a public safety employee as a working condition fringe for purposes of the tax exclusion of certain employee fringe benefits. Defines "public safety employee" to include any person working in law enforcement, fire protection, or emergency medical services.
United States · United States Congress · 22 January 1985
Reform of Federal Intervention in State Proceedings Act of 1985 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners, and a two-year statute of limitations for similar motions made by Federal prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings.
United States · United States Congress · 22 January 1985
Exclusionary Rule Limitation Act of 1985 - Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded in a Federal proceeding if the seizure was undertaken in a reasonable, good faith belief in its conformity with the fourth amendment to the Constitution. Provides that evidence obtained in accordance with a warrant is prima facie evidence of good faith, absent intentional and material misrepresentation.
United States · United States Congress · 22 January 1985
Amends the Internal Revenue Code to provide that the substantiation requirements for the deductibility of business expenses for passenger automobiles or other means of transportation shall be met by providing adequate records or sufficient corroborating evidence rather than contemporaneous records.
United States · United States Congress · 22 January 1985
National Commission on Neurofibromatosis Act - Directs the Secretary of Health and Human Services to establish within 60 days a National Commission on Neurofibromatosis which shall formulate a plan to identify the research needed to develop an effective treatment and a cure for neurofibromatosis. Sets forth operating and related provisions. Authorizes appropriations. Authorizes the Commission to transmit interim reports. Requires the Commission to make a final report to the President and to each House of Congress within two years. Terminates the Commission three months after submission of the final report.
United States · United States Congress · 3 January 1985
Amends the Federal criminal code to define "armor-piercing ammunition." Excludes from the definition: (1) shot gun shot required by Federal or State regulations for hunting; (2) frangible projectiles for target shooting; and (3) projectiles that the Secretary of the Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor-piercing ammunition. Allows for: (1) the manufacture or importation of armor piercing ammunition for the use of the United States or any State or local government; and (2) manufacture for the sole purpose of exportation. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor-piercing ammunition. Imposes an additional mandatory sentence of not less than five years for any person who uses or carries a firearm and is in possession of armor-piercing ammunition during the commission of a violent felony. Provides that such sentence shall not be suspended nor probation nor parole be granted.
United States · United States Congress · 3 January 1985
National Child Protection Act - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to add provisions for licensing and information with respect to providers of child day care services. Requires, as a condition for receiving any funds under title XX, that a State have a program in effect which meets specified requirements. Requires the State to require the licensing and monitoring of all providers of child day care services in accordance with standards established by the Secretary of Health and Human Services. Requires the State to provide information to the Secretary with respect to: (1) all individuals providing child day care services or employed by providers of child day care services; and (2) all individuals convicted of child abuse, child molesting, or similar crimes. Requires the State to have in effect a toll-free telephone hotline for the reporting of any allegations of child abuse, child molestation, or similar acts committed by any individual providing child day care services or by any employee of a provider of child day care services. Directs the Secretary to establish standards and guidelines for State licensing and monitoring of providers of child day care services. Requires that such standards and guidelines: (1) assure the children's safety, health, and developmental potential and promote their social, emotional, physical, and cognitive growth; and (2) assure that only adequately trained individuals provide such services. Directs the Secretary to determine a uniform definition of "child day care services" and of "provider of child day care services" to apply for purposes of this Act and to assure that the maximum feasible number of children shall be protected under this Act. Directs the Secretary to establish a national file of the names, addresses, and social security numbers of all individuals convicted of crimes involving child abuse, child molestation, or such similar acts which the Secretary determines ought to be included in such file to protect children receiving child day care services. Requires each State to report to the Secretary such information on any individual convicted in that State of such acts which the Secretary has determined ought to be included in the national file. Directs the Secretary to establish a uniform reporting system which shall apply to all States for such purpose. Requires each State to prohibit any individual or provider from being licensed to provide child day care services in such State if such individual, or any employee of such provider, has been convicted of a crime which has been reported by any State to the Secretary and is contained in the national file. Requires each State, prior to granting such a license, to request the Secretary to check the names of each individual seeking a license to provide child day care services, and each employee of a provider seeking such a license, against the list of names contained in the national file. Requires each State to establish a toll-free telephone hotline for the reporting of any allegations of child abuse, child molestation, or any similar act designated by the Secretary for inclusion in the national file, committed by an individual providing child day care services, or by an employee of a provider of such services. Requires the State to provide follow-up investigation of each such allegation in accordance with standards established by the Secretary under regulations. Establishes an Advisory Panel on Child Protection to advise the Secretary on the standards and guidelines issued under this Act and to recommend appropriate changes in such standards and guidelines. Sets forth provisions relating to Panel membership and assistance. Directs the Secretary to promulgate all regulations required under this Act within 90 days after the enactment of this Act. Makes the requirements of this Act applicable to States beginning 180 days after the enactment of this Act.
United States · United States Congress · 3 January 1985
Amends the Tax Reform Act of 1984 to provide that an individual who, as of September 12, 1984, was performing services for one member of a corporate group and was eligible for nontaxable air travel benefits provided by another corporate affiliate shall continue to be eligible for such benefits if as of that date: (1) at least 50 percent of the individuals performing services for the first such corporation were or had been employees of or had previously performed services for the second such corporation; and (2) the primary business of the affiliated group was air transportation of passengers.
United States · United States Congress · 3 January 1985
Interstate Compact - Grants congressional approval to the Southeast Interstate Compact on Low-Level Radioactive Waste Management, which provides for cooperation among the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia in the management of low-level radioactive waste on a continuing basis.
United States · United States Congress · 3 January 1985
State and Local Narcotics Control Assistance Act of 1985 - Allows the Secretary of Health and Human Services to make grants to States for developing more effective drug prevention, treatment, and rehabilitation programs. Establishes a procedure for grant applications. Authorizes the Attorney General to make grants to States to assist States and local governments to increase their drug enforcement activities. Requires such grants to be based on the relative needs of the States, taking into consideration the severity of drug trafficking and abuse and the availability of State and local resources to resolve such problems. Establishes a procedure for grant applications. Requires such an application to include a State-wide strategy for the enforcement of State drug laws. Imposes limitations on the use of such grants, including a maximum five percent allocation for administrative purposes. Requires each State which receives a grant to submit a yearly report to the Attorney General, who shall in turn report to Congress with respect to such grants. Authorizes appropriations for both grant programs for FY 1986 through 1990.
United States · United States Congress · 3 January 1985
Foreign Surveillance Prevention Act of 1985 - Directs the President to take specified actions if a person with diplomatic immunity is engaging in electronic surveillance for a foreign power in the United States. Requires the President to inform the Congress of the suspected electronic surveillance. Directs the President, unless it would compromise U.S. intelligence gathering, to: (1) inform the persons reasonably believed to be targets of such surveillance; (2) inform the representative of the foreign power and demand that the surveillance end; and (3) declare the person doing the surveillance, if the surveillance does not end within a specified time, to be persona non grata in the United States and demand that such person leave the country.
United States · United States Congress · 3 January 1985
Designates May 7, 1985, as Helsinki Human Rights Day. Requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with the U.S.S.R. and the Warsaw Pact nations; and (3) convey to U.S. allies the necessity of unity on these points.
United States · United States Congress · 4 October 1984
Expresses the Senate's appreciation to members of the entertainment industry, especially the Entertainment Industries Council, for their work in discouraging and communicating the danger of drug use.
United States · United States Congress · 3 October 1984
Expresses the Senate's appreciation to members of the entertainment industry, especially the Entertainment Industries Council, for their work in discouraging and communicating the danger of drug use.
United States · United States Congress · 28 September 1984
States that the Senate condemns the Soviet Union's military terrorism and attempted destruction of Afghanistan. Recommends that the President provide medical, military, and food assistance to the Afghan Freedom Fighters.
United States · United States Congress · 13 September 1984
Amends the Tax Reform Act of 1984 to provide that an individual who, as of September 12, 1984, was performing services for one member of a corporate group and was eligible for nontaxable air travel benefits provided by a corporate affiliate shall continue to be eligible for such benefits if as of that date: (1) the primary business of the affiliated group was air transportation of passengers; and (2) at least 50 percent of the persons performing services for the corporation for which the individual is currently performing services were employees of or had previously performed services for the second such corporation.
United States · United States Congress · 10 September 1984
Designates the week beginning February 17, 1985, as a time to recognize the contributions of volunteers who give their time to become Big Brothers and Big Sisters to youths in need of adult companionship.
United States · United States Congress · 9 August 1984
Expresses the sense of the Senate that no recess appointments should be made when the Senate stands adjourned or recessed within a session for a period of less than 30 days.
United States · United States Congress · 8 August 1984
Federal Merit Scholarship Act - Amends the Higher Eduation Act of 1965 to establish a Federal Merit Scholarship Program. Authorizes the Secretary of Education to make grants to States to enable States to award scholarships to individuals who have demonstrated outstanding academic achievement and who show promise of continued academic achievement. Provides that such scholarships shall be awarded for a period of one academic year for the first year of study at any institution of higher education which the student chooses to attend. Provides for allocation of program funds to each State according to a formula based on the number of individuals in the State eligible for such scholarships. Sets forth requirements for program agreements between the Secretary and each State desiring to participate in such scholarship program. Requires that each student awarded such a scholarship: (1) be a graduate of a public or private secondary school; (2) have been admitted for enrollment at an institution of higher education; and (3) show promise of continued academic achievement, pursuant to criteria established by the Secretary. Authorizes the State educational agency (SEA) to establish the criteria for the selection of merit scholars. Directs the SEA to adopt selection procedures designed to assure that ten individuals will be selected from among residents of each congressional district in a State (and in the case of the District of Columbia and the Commonwealth of Puerto Rico not to exceed ten individuals selected in such District or Commonwealth). Provides that each student awarded a merit scholarship shall receive a stipend of $1,500 for the academic year of study for which it is awarded. Directs the SEA to establish procedures under which merit scholars establish that they are maintaining satisfactory proficiency and devoting full time to the course of study for which the scholarship was awarded. Directs the SEA to make arrangements to award merit scholarships at a place in each State which is convenient to the individuals selected as recipients. Provides that, to the extent possible, the awards shall be made by Members of the Senate and Members of the House of Representatives (or by the Delegate from the District of Columbia or the Resident Commissioner of the Commonwealth of Puerto Rico) who represent the State, Commonwealth, or District from which the individuals come. Requires that the selection process be completed and the awards made prior to August 1 in each year, except that such awards shall be made in the first year after the date of enactment of this subpart as soon as possible after such date. Provides that nothing in this or any other Act shall be construed to permit the receipt of a scholarship under the Federal Merit Scholarship Program to be counted for any needs test in connection with the awarding of any grant or the making of any loan under the Higher Education Act of 1965 or any other provision of Federal law relating to Federal assistance. Authorizes appropriations for FY 1986 through 1988 to carry out the Federal Merit Scholarship Program.
United States · United States Congress · 26 July 1984
Proclaims October 23, 1984, as "A Time of Remembrance" for Americans to take time to reflect on the sacrifices that have been made in the pursuit of peace and freedom.