United States · United States Congress · 20 March 1985
Designates March 21, 1985, as Afghanistan Day. Condemns the Soviet Union for the attempted subjugation of Afghanistan. Calls upon the Soviet Union to commit itself to a negotiated political settlement for Afghanistan.
United States · United States Congress · 20 March 1985
Revises the concurrent resolution on the budget for FY 1985 and sets forth the first concurrent resolution on the budget for FY 1986 and the appropriate budgetary levels for FY 1987 and 1988. Recommends levels of Federal revenues of $736,200,000,000 for FY 1985, $793,800,000,000 for FY 1986, $866,600,000,000 for FY 1987, and $956,200,000,000 for FY 1988. Sets the amounts by which the aggregate levels of Federal revenues should be increased at zero for FY 1985, $1,100,000,000 for FY 1986, $2,300,000,000 for FY 1987, and $3,700,000,000 for FY 1988. Sets the amounts for Federal Insurance Contributions Act (FICA) revenues for hospital insurance within the recommended levels of Federal revenues at $44,800,000,000 for FY 1985, $51,000,000,000 for FY 1986, $56,100,000,000 for FY 1987, and $61,300,000,000 for FY 1988. Sets the amount for FICA revenues for old-age, survivors and disability insurance within the recommended levels of Federal revenues at $186,200,000,000 for FY 1985, $200,700,000,000 for FY 1986, $216,900,000,000 for FY 1987, and $248,300,000,000 for FY 1988. Sets the appropriate levels of total new budget authority at $1,055,500,000,000 for FY 1985, $1,070,500,000,000 for FY 1986, $1,133,600,000,000 for FY 1987, and $1,210,000,000,000 for FY 1988. States that the appropriate levels of total budget outlays are $949,100,000,000 for FY 1985, $964,400,000,000 for FY 1986, $1,010,000,000,000 for FY 1987, and $1,058,500,000,000 for FY 1988. Sets the amounts of the deficits in the budget which are appropriate in the light of economic conditions and all other relevant factors at $212,900,000,000 for FY 1985, $170,600,000,000 for FY 1986, $143,400,000,000 for FY 1987, and $102,300,000,000 for FY 1988. States that appropriate levels of the public debt are $1,849,300,000,000 for FY 1985, $2,090,300,000,000 for FY 1986, $2,316,900,000,000 for FY 1987, and $2,529,300,000,000 for FY 1988. Sets the amounts by which the statutory limits on such limit should be increased at $25,500,000,000 for FY 1985, $241,000,000,000 for FY 1986, $226,600,000,000 for FY 1987, and $212,400,000,000 for FY 1988. Sets forth the appropriate levels of total Federal credit activity as follows: (1) $53,500,000,000 for new direct loan obligations, $69,300,000,000 for new primary loan guarantee commitments, and $68,200,000,000 for new secondary loan guarantee commitments for FY 1985; (2) $33,900,000,000 for new direct loan obligations, $73,600,000,000 for new primary loan guarantee commitments, and $68,200,000,000 for new secondary loan guarantee commitments for FY 1986; (3) $32,700,000,000 for new direct loan obligations, $73,600,000,000 for new primary loan guarantee commitments, and $68,200,000,000 for new secondary loan guarantee commitments for FY 1987; and (4) $32,300,000,000 for new direct loan obligations, $78,300,000,000 for new primary loan guarantee commitments, and $68,200,000,000 for new secondary loan guarantee commitments for FY 1988. Sets forth the levels of budget authority, budget outlays, new direct loan obligations, and primary and secondary loan guarantee commitments for each major functional category for FY 1985 through 1988. Requires certain Senate and House committees to report changes in laws within their jurisdictions sufficient to achieve savings of specified amounts of budget authority and outlays in each of FY 1986 through 1988. Requires such committees to submit their recommendations to the Committees on the Budget of their respective Houses by June 15, 1985. Requires the Budget Committees to report to the House and Senate a reconciliation bill carrying out such recommendations without any substantive revision. Prohibits House or Senate consideration of legislation which, if enacted, would cause the aggregate total budget authority for national defense or for nondefense discretionary activities to exceed specified ceilings for FY 1986 through 1988. Permits the Senate to waive such prohibition by majority vote with a quorum present or by unanimous consent. Declares that if Congress has not completed action by October 1, 1985, on the second concurrent resolution on the budget for FY 1986, then this concurrent resolution shall be deemed to be such second concurrent resolution for purposes of the Congressional Budget Act of 1974. Prohibits House or Senate consideration during FY 1986 and 1987 of any legislation, except legislation reported in response to reconciliation instructions, authorizing new direct loan obligations or new loan guarantee commitments unless it also provides that such authority shall be effective only to the extent provided in appropriation Acts. Expresses the sense of the Congress that there should no longer be a distinction between unified budget and off-budget spending and that budget authority and outlays for former off-budget agencies should be included in the budget totals. Expresses the sense of the Senate that: (1) tax reform incorporating specified objectives should be adopted as soon as possible; and (2) the Director of the Congressional Budget Office shall issue a weekly report when the Senate is in session tabulating the progress of congressional action on legislation providing new budget authority and changing revenues and the public debt for a fiscal year.
United States · United States Congress · 18 March 1985
Prohibits the importation of: (1) beef or veal, lamb, skins bearing wool, wool, and uranium ore from Australia; and (2) lamb, skins bearing wool, and wool from New Zealand.
United States · United States Congress · 7 March 1985
Amends the Internal Revenue Code to require that a hostile stock purchase in a corporate takeover attempt be treated as an asset acquisition by the purchasing corporation. Disallows any income tax deduction for: (1) any "greenmail payment" made in connection with a corporate takeover; or (2) any interest paid or accrued on indebtedness incurred to acquire stock in a corporation pursuant to a hostile offer. Defines "greenmail payment" as any payment made by a corporation in redemption of stock of such corporation which is held by a four-percent shareholder if: (1) such shareholder held such stock for less than two years; and (2) during the two-year period ending on the date of such sale or exchange there was a public tender offer for stock in such corporation.
United States · United States Congress · 7 March 1985
National Copper Policy Act of 1985 - Declares that it is U.S. policy to negotiate agreements temporarily limiting copper production by foreign copper producers in order to: (1) ensure an adequate supply of domestic copper; (2) expand employment in the copper industry; and (3) stabilize foreign copper production. Declares that if such an agreement is not reached an additional tariff should be applied to all imported copper for at most five years. Directs the Secretary of the Interior (the Secretary) to conduct a study to determine how the recent closures of U.S. copper mines and smelters affected the U.S. copper reserves and production capacity. Requires the Secretary to submit the results of the study to the Congress within 90 days of the date of enactment of this Act. Directs the President, acting through the U.S. Trade Representative (USTR), to undertake negotiations during the six months after enactment of this Act with all major copper producing countries for the purpose of achieving voluntary restraint agreements. Directs the President to report to the Congress whether such voluntary restraint agreements will take effect between the United States and the major copper producing countries. Directs the USTR, if such voluntary restraint agreements take effect, to monitor the production of unwrought copper by those countries during each 12 month period within the copper import restraint period. Directs the USTR to report the results of such monitoring to the Congress. Imposes a surcharge on all copper imports if voluntary restraint agreements do not take effect for the copper import restraint period. Imposes a surcharge on copper imports if the USTR reports that major copper producing countries during a specified 12 month period did not satisfactorily comply with the voluntary restraint agreements. Directs the Secretary to determine if the U.S. copper mining and smelter industry, during any 12 month period when copper surcharges are in effect: (1) improved productivity through facility modernization or invested in such modernization, or both; and (2) provided retraining and relocation of displaced workers. Prohibits imposing further copper surcharges if the U.S. copper mining and smelting industry did not meet such requirements.
United States · United States Congress · 7 March 1985
Tender Offer Reform Act of 1985 - Amends the Securities Exchange Act of 1934 to require any person who acquires specified securities, resulting in ownership of more than five percent of the issuer's securities, to: (1) publicly announce such acquisition on the day it occurs; and (2) send a statement disclosing specified information to the issuer and to each exchange where the security is traded and file such statement with the Securities and Exchange Commission within two (currently ten) days. Includes among the information to be disclosed if the purpose of the acquisition is to acquire control or more than 20 percent of the securities of the issuer: (1) any plans to change management, personnel, employment policies, the location of the issuer's principal executive office or principal business activities, or relationships with suppliers, customers, or the communities in which it operates; (2) anticipated effects of the acquisition on the innovation, productivity, efficiency, and profitability of the acquirer and the issuer; and (3) financial statements indicating anticipated operations of the acquirer and the issuer for the next three years. Prohibits such an acquirer from acquiring any additional securities of the issuer until two days after such statement is filed. Prohibits any acquirer who discloses in such statement the intention to acquire control or more than 20 percent of the securities of the issuer from acquiring any additional securities of the issuer unless such acquisition has been approved by: (1) a majority of the issuer's disinterested directors if such persons comprise a majority of the issuer's board of directors; and either (2) a majority of the acquirer's disinterested directors; or (3) a majority of the acquirer's shareholders, if the acquirer's disinterested directors do not comprise a majority of the acquirer's board of directors or if the value of the securities to be acquired exceeds 20 percent of the book value of the acquirer. Prohibits any acquirer who does not disclose such intention in such statement from commencing a tender offer for, or acquiring, for two years after such statement is filed, securities that would provide the acquirer in excess of 20 percent of the issuer's voting securities, unless such approval has been obtained. Declares that any acquirer who fails to comply with disclosure requirements or who makes false or misleading disclosures shall be: (1) liable to any person who purchased, sold, or retained securities in reliance on such disclosures; and (2) subject to a court injunction against further acquisitions and a court order to divest the securities acquired.
United States · United States Congress · 7 March 1985
Hispanic Affairs Act of 1985 - Establishes in the Executive Office of the President the Office of Hispanic Affairs, which shall be headed by a Director appointed by the President, by and with the advice and consent of the Senate. Requires the Director, with respect to Hispanic Americans, to: (1) advise Federal departments and agencies on appropriate action to assure that Federal programs are providing needed assistance; (2) advise Federal departments and agencies on the development and implementation of comprehensive and coordinated policies, plans, and programs which focus on special problems and needs; (3) advise and assist Hispanic American groups and individuals in receiving assistance available under law; (4) establish and maintain an information clearinghouse to collect, analyze, and disseminate information concerning the social and economic conditions encountered by Hispanic individuals; (5) carry out functions relating to equal employment opportunity; and (6) report to the President and the Congress on an appraisal of the laws, policies, and performance of the Federal Government on the achievement or denial of equal opportunities for Hispanic Americans. Authorizes the Director to appoint one or more advisory task forces who are representative of and involved in the affairs of the Hispanic American community to assist the Director in functions under this Act. Transfers to the Director from the Office of Personnel Management the Hispanic Employment Program. Requires the Director to report annually to the President and the Congress concerning the activities of the Office of Hispanic Affairs. Specifies the Federal departments and agencies in which the President is directed to establish and maintain an Office of Hispanic Affairs. Declares that each office shall be headed by a Special Assistant for Hispanic Affairs to assist the Director in carrying out within each department or agency the functions of the Hispanic Employment Program. Directs the Secretary of Commerce to insure that existing information clearinghouse functions within the Department of Commerce encompass the collection and dissemination of information in easily accessible form concerning the social, economic, employment, health, and housing needs and conditions of Hispanic Americans. Prohibits the use of funds under this Act for partisan political activities. Authorizes the Director to enter into contracts to the extent provided in appropriation Acts. Authorizes appropriations for FY 1986 and 1987.
United States · United States Congress · 7 March 1985
Commemorates May 18, 1985, as the 20th anniversary of the Head Start Program. Expresses the sense of the Congress that: (1) the Head Start Program has been cost-effective and successful; and (2) congressional support for such program is reaffirmed.
United States · United States Congress · 5 March 1985
Sulfite Safety Act of 1985 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit the use of sulfiting agents in raw fruits and vegetables. Directs the Secretary of Health and Human Services to reevaluate and report to the Congress on the use of such agents in other foods, including wine, dried fruit, and seafood.
United States · United States Congress · 28 February 1985
Education for Economic Security Reauthorization Act - Amends the Education for Economic Security Act(the Act) to extend through FY 1988 the authorization of appropriations under title I of the Act for the following National Science Foundation (NSF) mathematics and science programs: (1) elementary and secondary school mathematics and science teacher institutes; (2) elementary and secondary education development programs in mathematics, science, and computer learning for teacher training, retraining, and inservice training and for research, development, and dissemination of instructional programs and materials; (3) Congressional Merit Scholarships in Mathematics, Science, and Engineering Education; and (4) discretionary funds of the NSF Director for higher education faculty exchange programs and improvement of instruction in mathematics, science, and engineering. Extends through FY 1988 the authorization of appropriations under title II of the Act for financial assistance from the Secretary of Education to State and local educational agencies and to institutions of higher education to improve the skills of teachers and instruction in mathematics, science, computer learning, and foreign languages. Extends through FY 1988 the authorization of appropriations under title III of the Act for the NSF program for partnerships in education for mathematics, science, and engineering to improve the quality of instruction, furnish additional support for research, student scholarships, and faculty exchange programs, and encourage educational partnerships among business, higher education, and elementary and secondary schools. Extends through FY 1988 the authorization of appropriations under title IV of the Act for Presidential Awards for Teaching Excellence in Mathematics and Science to elementary and secondary school teachers.
United States · United States Congress · 27 February 1985
Highly Erodible Land Conservation Act of 1985 - Makes persons who cultivate crops on highly erodible land ineligible for price supports, crop insurance, and other specified agricultural loans. Provides exceptions for: (1) crops produced using approved conservation methods; and (2) certain previously cultivated land. Directs the Secretary of Agriculture to: (1) use the agricultural stabilization and conservation committees to help administer this Act; and (2) complete specified soil capability surveys.
United States · United States Congress · 27 February 1985
Ogallala Aquifer Research and Development Act of 1985 - Amends the Water Resources Research Act to establish a High Plains Study Council to: (1) review the water supply and conservation research being performed by each State committee (established under this Act); and (2) coordinate such research to avoid duplication. Directs the Secretary of the Interior to establish within each State of the High Plains Region (Colorado, Kansas, Nebraska, New Mexico, Oklahoma, and Texas) an Ogallala Aquifer technical advisory committee (the State committee). Directs each State Committee to: (1) review existing State laws and institutions concerning water management and recommend appropriate changes; (2) establish State priorities for water resources research and demonstration projects; and (3) provide information and technical assistance concerning the need for water conservation and management. Directs the Secretary to allocate annually funds to States of the High Plains Region for university research in water-use efficiency, cultural methods, irrigation technologies, water-efficient crops, and water and soil conservation. Directs the Secretary to divide funds among the States of the High Plains Region for university research into precipitation management, weather modification, aquifer recharge opportunities, saline water use, desalinization technologies, salt tolerant crops, and ground water recovery. Directs the Secretary to allocate annually funds to the High Plains Region States for grants to farmers for demonstration projects in: (1) water-efficient irrigation technologies and practices; (2) soil and water conservation management systems; and (3) the growth and marketing of more water-efficient crops. Directs the Secretary to monitor the levels of the Ogallala Aquifer and to report annually to Congress. Authorizes appropriations for FY 1986 through 1990.
United States · United States Congress · 27 February 1985
Water Project Amendments of 1985 - Requires any single landowner whose land value is projected to benefit by a certain amount from a flood control project to repay 50 percent of the project's cost allocated to that owner's benefit. Limits this requirement to situations where more than ten percent of projected flood control benefits can be attributed to an increase in anticipated land values to a single landowner. Allows a non-Federal sponsor of such project to pay 100 percent of the costs associated with the landowner's windfall benefits wherever the Secretary of the Army fails to reach an agreement with the landowner. Requires the Secretary to include in any subsequent general investigation survey information on the likelihood of such situations. Prescribes contents of certain reports to specified congressional committees, including: (1) the possibility of facility failure due to geologic or design factors; and (2) the impact of the proposed project on existing recreational facilities. Requires the Secretary of Transportation to identify the impact of the proposed project on the usage and economic viability of competing modes of transportation. Deauthorizes projects or project elements under the responsibility of the Secretary of the Army not commenced within ten years unless proper notification to the Congress is given and the appropriate congressional committees adopt resolutions directing continued authorization. Directs the Secretary of the Army to provide Congress with a list of all surveys and studies which have an inactive or deferred status. Allows the Senate Committee on Environment and Public Works or the House Committee on Public Works and Transportation to deauthorize all such surveys. Deauthorizes any general investigation survey if no funds have been expended within four full years after its approval. Directs the Secretary of the Army to perform a cost effectiveness review where the costs of a proposed water resources project exceeds $10,000,000. Prohibits the Secretary from requiring civil works construction project contractors to perform recordkeeping that is the Secretary's responsibility. Requires that: (1) any project with an anticipated Federal cost exceeding $10,000,000 be authorized by an Act of Congress; and (2) such projects contain benefits directly related to agriculture that account for at least 20 percent of total benefits. Requires the Secretary of Agriculture, through the Administrator of the Soil Conservation Service, to report by April 1, 1987, to the appropriate congressional committees on the feasibility and desirability of requiring full public access to federally constructed water impoundments with recreation potential. Modifies the flood control project for the Rio Grande Floodway, Truth or Consequences Unit, New Mexico, to authorize the Secretary of the Army to construct a flood control dam on Cuchillo Negro Creek in lieu of the authorized floodway. Authorizes the construction of a set of emergency gates in the conduit of the Abiquiu Dam, New Mexico. Directs the Secretary of the Army to transfer responsibility for those portions of New Mexico currently under the Corps of Engineer district engineers in Sacramento and Los Angeles to the district engineer in Albuquerque, New Mexico. Authorizes the following flood control projects: (1) Middle Rio Grande flood protection, Bernalillo to Belen, New Mexico; and (2) Puerco River and tributaries, Gallup, New Mexico.
United States · United States Congress · 26 February 1985
Expresses the sense of the Congress that: (1) veterans' disability compensation payments should remain exempt from Federal income taxation; and (2) the President should reject any proposals to tax such payments.
United States · United States Congress · 20 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 · 19 February 1985
Authorizes the President to award a prisoner of war medal to any member of the Army, Navy, Marines, or Air Force who has been taken prisoner and held captive by a hostile opposing armed force.
United States · United States Congress · 7 February 1985
Interstate Compact - Grants congressional approval to the Rocky Mountain Interstate Low-Level Radioactive Waste Compact which provides for cooperation among the States of Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming in the management of low-level radioactive waste on a continuing basis.
United States · United States Congress · 7 February 1985
Directs the Secretary of the Interior to convey to New Mexico State University at Las Cruces for consideration specified lands in Dona Ana County, New Mexico. Reserves to the United States all mineral rights in such lands and a right of reversion if the lands are used for other than agricultural research purposes.
United States · United States Congress · 6 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. Requires that a hostile stock purchase in a corporate takeover attempt be treated as an asset acquisition by the purchasing corporation. Disallows an income tax deduction for any interest paid or accrued on indebtedness incurred to acquire stock in a corporation pursuant to a hostile offer.
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 · 5 February 1985
Provides that the decision on the award of legal fees and other expenses by the adjudicative officer of a Federal agency that conducts an adversary proceeding shall be subject to agency review. Bars any such decision when the Government appeals the underlying merits of an adversary adjudication until a final and unreviewable decision is rendered by the court on appeal or until the underlying merits of the case have been finally determined pursuant to the appeal. Amends the definition of a "party" which is eligible to be awarded legal expenses to exclude any individual whose net worth exceeds $2,000,000 (currently $1,000,000) and any entity whose net worth exceeds $7,000,000 (currently $5,000,000), including any local government. Redefines an "adversary adjudication" for which such expenses may be awarded to include any appeal before an agency board of contract appeals under the Contract Disputes Act of 1978. Authorizes a party or the United States, if dissatisfied with an adjudicative officer's determination of such expenses, to appeal the determination to the appropriate U.S. court within 30 days after such determination is made. Requires a court's determination on such an appeal to be based solely on the factual record made before the agency. Authorizes a court to modify the determination only if it finds that the failure to make an award of expenses or the calculation of the amount of the award was unsupported by substantial evidence. Requires agencies to pay litigation expenses to prevailing parties from funds made available to the agency. Defines "civil action" to include any appeal by a party other than the United States from a decision of a contracting officer on a dispute in a Federal contract. Provides that a person shall be a prevailing party in eminent domain proceedings if the person obtains a final judgment which is at least as close to the highest valuation of the property attested to at trial on behalf of the property owner as it is to the highest valuation of the property attested to at trial on behalf of the Government. Amends the Equal Access to Justice Act to provide that certain provisions of the Social Security Act limiting attorney fees in OASDI benefit actions shall not apply with respect to the award of legal expenses to the prevailing party. Repeals the termination dates of the Equal Access to Justice Act. Provides that the provisions of this Act shall be effective as of October 1, 1984.
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
Directs the Secretary of the Interior to convey, for a fee, to the New Mexico Insitute of Mining and Technology, Socorro, New Mexico, specified lands in Socorro County, New Mexico, to be used for educational and research purposes. Reserves to the United States all mineral rights in such lands and a right of reversion should such lands be used for other than the designated purposes.
United States · United States Congress · 29 January 1985
Amends the Hobbs Act to redefine "extortion" to mean obtaining property from another with consent by use of actual or threatened force, violence, or fear thereof, or wrongful use of fear not involving force or violence, or under color of official right. Expresses congressional intent: (1) not to exclude Federal jurisdiction on the ground that conduct involving force, violence, or fear thereof, takes place in the course of a legitimate business or labor dispute, or on the ground that the conduct violates State or local law; or (2) not to chill legitimate labor activity by authorizing Federal prosecution for offenses occurring during a labor dispute not involving extortion. Makes it an affirmative defense to a prosecution under this section that the defendant's conduct: (1) was incidental to peaceful picketing in the course of a legitimate labor dispute; (2) consisted solely of minor bodily injury or property damage; or (3) was not intended to extort property.
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
Indian Health Care Amendments of 1985 - Title I: Indian Health Manpower - Amends the Indian Health Care Improvement Act to authorize appropriations for specified Indian health programs for FY 1986 through 1989, including scholarship programs. Prohibits the Secretary of Health and Human Services (the Secretary) from denying scholarship assistance solely on the basis of an applicant's scholastic achievement if such applicant has been admitted to, or maintained good standing at, an accredited health professions institution. Directs the Secretary to grant Indian Health Scholarships to Indians enrolled full-time in certain schools for health professionals. States that the active duty service requirements of the Public Health Service can be met by specified services, including: (1) service under a contract pursuant to the Indian Self-Determination and Education Assistance Act; and (2) the private practice of a health professional if such practice is in a health professional shortage area and addresses the health care needs of a substantial number of Indians. Directs the Secretary to maintain a Community Health Representative Program to provide for the training and the use of Indians as health paraprofessionals to Indian communities. Title II: Health Services - Enumerates the health services for which the Secretary is authorized to expend Indian Health Care Improvement Fund appropriations. Prohibits the use of such funds to offset or limit appropriations made under other Acts. Conditions the allocation of such funds upon the health resource deficiency level of the affected Indian tribes. Permits the allocation of such funds on a service unit basis. Requires the Secretary to submit to the Congress a current health services priority system report, including the methodology for determining tribal health resources deficiencies, and the funds needed to raise all tribes to a zero level deficiency. Directs the Secretary to establish a review mechanism for tribal petitions regarding the health resource deficiency level of a tribe. Requires the Secretary to provide a current update of tribal specific health plans. Requires at least one percent of the Indian Health Care Improvement Fund appropriation to be expended for research. Makes programs administered by tribal organizations under the Indian Self-Determination and Education Assistance Act eligible for specified funds on an equal basis with programs administered directly by the Indian Health Service. Directs the President to include with the submission of the budget a separate statement which specifies the amounts obligated to implement enumerated health services. Authorizes appropriations for FY 1986 through 1989 for specified health services. Designates such appropriations the Indian Health Care Improvement Fund. Establishes an Indian Catastrophic Health Emergency Fund to meet extraordinary medical costs for victims of disasters or catastrophic illness. Authorizes appropriations. Authorizes the Secretary to waive the competitive procurement requirements for health services upon certification by the responsible Chief Medical Officer that such requirements would compromise the quality of health services. Requires the Secretary to provide health promotion and disease prevention services to Indians. Requires each Indian tribe to include within any tribal specific health plan that such tribe is required to submit to the Secretary a comprehensive plan developed by such tribe for health promotion and disease prevention among its members. Title III: Health Facilities - Requires the Secretary to submit to the Congress a health facilities priority system report regarding the construction or renovation needs of the ten top priority inpatient and ambulatory care facilities. Requires the Secretary to consult with any Indian tribe that might be affected by an expenditure for health facilities before the Secretary makes a commitment for such an expenditure. Conditions the closure of any health care facility upon the Secretary's submission to the Congress of an impact assessment one year prior to the contemplated closing. Enumerates the data to be included in such assessment. Directs the President to include with the budgets submitted for FY 1986 through 1989 planning information documents for the construction of ten Indian health facilities. Directs the Secretary to implement a ten-year plan to provide safe water and sanitary sewage and solid waste disposal facilities to Indian homes and communities. Requires the Secretary to report to the Congress regarding the Indian Health Service's current Indian sanitation facility priority system and the funds needed to raise all communities or tribes to a zero level of deficiency. Authorizes specified appropriations to provide sanitation facilities. Authorizes the Secretary to provide financial and technical assistance for the operation and maintenance of sanitation facilities, utility organizations, and emergency repairs of sanitation facilities. Authorizes appropriations for FY 1986 through 1989. Authorizes tribes to expend certain non-Indian Health Service funds for the renovation of Indian health facilities, subject to specified conditions. Title IV: Access to Health Services - Extends the authorization for specified appropriations for grants and contracts with tribal organizations from FY 1986 through 1989. Amends the Social Security Act to make certain providers of the Indian Health Service eligible for Medicare and Medicaid payments. Directs the Secretary to ensure that each service unit of the Indian Health Service receives at least half of the amounts to which its facilities are entitled, if such amounts are necessary to bring the facilities into compliance with this Act. Directs the Secretary to establish a demonstration project in which certain Indian (and Alaska Native) health organizations which provide health care services shall bill for Medicare and Medicaid payments directly. Requires the Secretary to monitor such organizations and to require quarterly reports on their operations. Sets forth eligibility and participation guidelines for such health service facilities. Requires a final report to the Congress by September 30, 1989. Directs the Secretary to conduct a study in consultation with Indian tribes regarding barriers to Indian participation in Medicare or Medicaid programs. Requires the Secretary to report to the Congress regarding such study. Title V: Urban Indian Health Services - Directs the Secretary to contract with urban Indian organizations to administer health services programs in urban areas. Sets forth specified requirements to be included in such contracts. Details eligibility criteria for the selection of such organizations. Authorizes the Secretary to enter into contracts with urban Indian organizations to determine the health status and unmet health care needs of urban Indians in affected urban areas. Delineates the requirements of such contracts. Requires the Secretary to: (1) develop evaluation procedures for the performance of such contracts; and (2) conduct annual onsite evaluations of each contracting urban Indian organization. Prescribes guidelines for the renewal of health care or referral services contracts. Prohibits renewal of contracts for determination of unmet health needs if their performance has been non-compliant or otherwise unsatisfactory and problems cannot be resolved. Requires certain reports to the Congress. Title VI: Organizational Improvements - Requires the Secretary to establish an automated management information system for the Indian Health Service. Establishes the Indian Health Service within the Public Health Service of the Department of Health and Human Services (thus terminating the Indian Health Service as part of the Health Resources and Services Administration). Places the Indian Health Service under the direction of a Director of the Indian Health Service who shall report only to the Secretary through the Assistant Secretary of Health and Human Services for Health. Directs the Secretary to implement through the Director all health programs and authorities which are provided specifically for Indians. Directs the Secretary to submit to the Congress a plan for the implementation of the amendments made by this section. Title VII: Miscellaneous - Authorizes the Secretary to enter into legal agreements with Indian tribes or tribal organizations in order to provide compensation for facility space costs associated with the administration and delivery of health services by the Indian Health Service or tribally operated programs. Directs the Secretary to coordinate efforts with the Secretary of the Interior and the Secretary of Education to develop programs to combat alcohol and drug abuse among Indian juveniles, including preventive education programs in schools operated by or under the Bureau of Indian Affairs. Directs the Secretary to establish an Office of Alcohol and Drug Abuse within the Indian Health Service. Authorizes appropriations for FY 1986 through 1989. Directs the Secretary to arrange with the National Academy of Sciences, in consultation with the Office of Technology Assessment, to conduct a study of health hazards faced by Indians and Indian miners exposed to nuclear resource developments on or near Indian communities. Directs the Secretary and the Indian Health Service to develop a health care plan which addresses the results of such study. Directs the Secretary to submit to the Congress both the health hazard study and the ensuing health care plan, within certain times. Authorizes appropriations for such study. Extends from FY 1984 to 1989 the time during which Arizona is designated as a contract health service delivery area. Authorizes appropriations. Extends eligibility for health services of specified Indians in the State of California from FY 1984 through 1988. Establishes eligibility guidelines for certain California Indian and for certain persons who are otherwise ineligible for medical benefits provided by either the Indian Health Service or by tribes contracting with the Service. Designates the State of California as a contract health service delivery area. Lists programs eligible for Indian Health Service funds. Restricts circumstances under which the Secretary may remove a member of the National Health Service Corps who is performing obligated service in a health facility operated by or under the Indian Health Service. Sets a deadline by which the Secretary must develop and implement a plan to reduce Indian infant and maternal mortality rates to that of the general population. Requires the Secretary to: (1) complete within one year implementation of a program to prevent and control hepatitis-B in Alaska; (2) report to the Congress about the status of such program; and (3) request budget authority for a hepatitis-B control program in Alaska. Directs the Secretary to provide contract health services to the Turtle Mountain Band of Chippewa Indians who reside in the Trenton Service Area of specified counties in the States of North Dakota and Montana. Directs the Secretary to conduct a population survey of Indians residing in such Service Area in order to determine the basis for distributing equity health care funds and providing contract health care. Provides for the designation of additional counties in the Trenton Service area based upon the population survey results. Directs the Secretary to conduct a study of the physical and mental health care needs of Native Hawaiians and other Native American Pacific Islanders, and to report the results of such study to the Congress by a certain time.