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
Amends the Small Business Act to authorize Small Business Administration (SBA) program levels for FY 1986 through 1988 for direct and immediate participation loans for small business plant acquisition, construction, conversion, or expansion. Makes funds available out of such authorization for direct and immediate participation loans to handicapped persons and organizations for the handicapped and Vietnam veterans. Authorizes funding for FY 1986 through 1988 for deferred participation loans and debenture guarantees for small business plant acquisition, construction, conversion, or expansion and small business development companies under the Small Business Investment Act of 1958. Makes funds available out of such authorization for deferred participation loans to: (1) handicapped persons and organizations for the handicapped; (2) small businesses either located in urban or rural areas with high unemployment and low incomes or owned by low-income individuals; (3) small businesses which design, manufacture, and distribute energy measures; and (4) guarantees of debentures with respect to State and local development companies. Authorizes funding for FY 1986 through 1988 for: (1) direct purchases and guarantees of debentures and purchases of preferred securities with respect to small business investment companies; (2) surety bond guarantees under the Small Business Investment Act of 1958; and (3) payment guarantees for the installation of pollution control facilities by small businesses. Authorizes appropriations for FY 1986 through 1988 for disaster loans to small businesses and permits the transfer of funds from the disaster loan revolving funds for the payment of SBA administrative expenses. Authorizes appropriations to the SBA for FY 1986 through 1988. Makes such funds available for: (1) direct and immediate participation loans for small business plant acquisition, construction, conversion, or expansion; (2) loans to handicapped persons and organizations for the handicapped; (3) Vietnam veterans' loans; (4) deferred participation loans and debenture guarantees for small business plant acquisition, construction, conversion, or expansion and small business development companies; (5) deferred participation loans to handicapped persons and organizations for the handicapped; (6) small businesses either located in urban or rural areas with high unemployment and low incomes or owned by low-income individuals; (7) small businesses which design, manufacture, and distribute energy measures; (8) guarantees of debentures with respect to State and local development companies; (9) direct purchases and guarantees of debentures and purchases of preferred securities with respect to small business investment companies; (10) surety bond guarantees under the Small Business Investment Act of 1958; and (11) SBA salaries and expenses. Repeals specified provisions relating to disaster loans to small businesses that are affected by Federal action.
United States · United States Congress · 6 February 1985
Amends the Internal Revenue Code to provide that one-half of the cost of insurance paid by a self-employed taxpayer for medical care during the taxable year will be allowed as a business deduction.
United States · United States Congress · 6 February 1985
Expresses the sense of the Senate that the President should act to make additional agricultural credit available, through measures including additional loans, supplemental appropriations, reduced interest rates, and revised agricultural credit administrative procedures.
United States · United States Congress · 6 February 1985
Expresses the Senate's commendation of the Soil Conservation Service on its 50th anniversary, and the Senate's commitment to vigorous soil and water conservation efforts. Expresses the Senate's commendation of the Soil Conservation Service on its 50th anniversary, and the Senate's commitment to vigorous soil and water conservation efforts.
United States · United States Congress · 5 February 1985
Title I: General Accounting Office Investigation and Report - Directs the General Accounting Office to investigate the situation of displaced nationals of El Salvador, including determinations of those Salvadorans in Central America, unlawfully in the United States, or returned from the United States to El Salvador. Requires a report to the Congress. Title II: Congressional Review - Provides that such report shall be referred to the appropriate committees for hearings and committee reports. Title III: Temporary Stay of Deportation - Provides for a temporary stay of detention and deportation for specified Salvadorans presently in the United States.
United States · United States Congress · 5 February 1985
Authorizes the Armed 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, 2d, 3d, 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 · 5 February 1985
Expresses the sense of the Senate that the Congress: (1) rejects the proposals of the President for further reductions in education programs; and (2) should provide sufficient resources for education programs to ensure that the United States will continue in a leadership position in the world.
United States · United States Congress · 5 February 1985
Urges the President to reconsider: (1) the rescission of funds for the U.S. Travel and Tourism Administration and to make the full amount available in FY 1985; (2) the prohibition against opening three regional offices of the U.S. Travel and Tourism Administration.
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 · 31 January 1985
Amends the Public Works and Economic Development Act of 1965 to extend the authorization of appropriations through FY 1987 in the following areas: (1) grants for operation of health projects; (2) acquisition or development of public works and development facilities; (3) public works and development facilities loans, business loans, and loan guarantees within redevelopment areas; (4) redevelopment area loans; (5) direct grants for economic development planning; (6) supplemental and basic grants under specified titles of such Act; (7) grants to economic development districts; (8) assistance to Indian tribes; and (9) economic development and adjustment assistance programs for states and local areas with severe unemployment. Extends through FY 1987 the authorization for emergency financial assistance to areas with unusually high unemployment.
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 · 29 January 1985
State and Local River Conservation Act of 1985 - Authorizes the Secretary of the Interior to make grants to States for the establishment and operation of State and local programs to conserve the natural and environmental values of designated rivers or river segments, including river management plans, land conservation strategies, regulations, and demonstration projects. Allocates and restricts the use of such funds. Authorizes appropriations. Requires States and local governments to submit programs and river assessments to the Secretary to be eligible for grants. Permits the Secretary to make grants to carry out State river assessments. Authorizes appropriations for such grants. Authorizes landowners to transfer approved lands or land interests to tax-exempt organizations to conserve or enhance the value of rivers. Authorizes the Secretaries of the Interior and Agriculture and other Federal agency heads to encourage and assist the use of volunteers and volunteer organizations to conserve and manage rivers throughout the United States.
United States · United States Congress · 24 January 1985
Anti-Nuclear Terrorism Act of 1985 - Amends the Atomic Energy Act of 1954 to require every individual allowed unescorted access to a nuclear power facility to be fingerprinted. Provides that all fingerprints shall be submitted to the Attorney General for identification and appropriate processing. Authorizes the Nuclear Regulatory Commission by rule to waive such requirement under certain conditions. Allows the Commission to prescribe regulations regarding the use of information received by the Attorney General.
United States · United States Congress · 24 January 1985
National Trade Council Act of 1985 - Establishes the National Trade Council in the Executive Office of the President to provide advice with respect to the integration of national and international policies relating to trade. Directs the Council to appoint: (1) a Food and Fibre Advisory Committee to provide advice regarding the production and distribution of food and food products in international trade; (2) a Business and Labor Advisory Committee to provide advice regarding methods to increase the productivity of the Nation's workforce; (3) a Research and Development Advisory Committee to provide advice regarding technological research and development; and (4) such other advisory committees as deemed necessary.
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 · 24 January 1985
Acid Deposition Control Act - Amends the Clean Air Act to establish an interstate transport and acid precursor reduction program. Designates an acid deposition impact region comprising a long-range transport corridor of 31 States east of the Mississippi and the District of Columbia. Directs the Administrator of the Environmental Protection Agency to report to the Congress within two years on a study of long-range transport of pollutants problems in the remaining States. Prohibits the increase of emissions of sulfur dioxide and of oxides of nitrogen from stationary sources in the acid deposition impact region over total actual emissions there as of January 1, 1981. Sets forth sulfur dioxide emmission reduction standards for the acid deposition impact region of ten million tons below 1980 levels by the beginning of 1994. Requires each impact region State to reduce its emissions proportionately to its share of the region's total excess emissions, permitting States to reallot reductions among themselves so long as the total reductions of the States invovled meet the required standards. Requires each State to adopt enforceable emission reduction measures for sulfur dioxide, including compliance schedules, within two years. Requires the Administrator's approval and the other Governors' perusal of such measures. Requires each major stationary source subject to an emission limitation to notify the Governor of the State, and in turn, the Administrator, within four years of its intended method of compliance. Requires sources choosing fuel substitution to be in compliance with applicable emission limitations within six years. Requires those sources complying through the installation of a technological system of continuous emission reduction or the replacement of facilities to have entered into binding contracts for such system or replacement facilities within six years. Requires owners of major stationary sources of sulfur dioxide emissions to submit to the Administrator a compliance plan and schedule if their State has not done so. Provides that failure to do so constitutes a violation of emission limitations under the Clean Air Act. Permits the use of the following measures to reduce emissions in addition to enforceable continuous emission reduction measures if such measures are enforceable by entities and persons other than the State in which the emissions occur: (1) least emissions dispatch to meet electric generating demand at existing generating capacity; (2) retirement of major stationary sources at an earlier than provided for date; (3) investments in energy conservation where emission reductions can be identified with such investments; (4) trading of emission reduction requirements and actual reductions through emission reduction banks or brokerage institutions; and (5) precombustion cleaning of fuels. Permits a State or the owner or operator of a source required to reduce sulfur dioxide emissions to substitute oxides of nitrogen reductions at a rate of two for one out measure by weight. Makes it a violation of the Clear Air Act to emit an air pollutant which adversely affects the public health or welfare of another State or foreign country.
United States · United States Congress · 22 January 1985
Unfair Foreign Competition Act of 1985 - Amends the Clayton Act to include a specified antidumping provision among U.S. antitrust laws. Amends the antidumping provision to allow any person who is injured in her or his property or business by the sale or importation of an article made in a foreign country to bring a civil action against the manufacturer, exporter, or importer of such article if: (1) the article is imported or sold in the United States at less than its foreign market or constructed value; and (2) such sale or importation causes or threatens material injury to U.S. industry or labor or prevents the establishment or modernization of U.S. industry. (Currently, the cause of such an action is predicated on the intent of the importer to injure or prevent the establishment of U.S. industry or to monopolize trade.) Restricts the district court jurisdiction of such an action to the District of Columbia. Entitles a prevailing plaintiff in such an action to recover: (1) compensatory damages (currently, treble damages) or appropriate equitable relief; and (2) legal expenses. Declares that the standard of proof in such an action is a preponderance of the evidence. Places the burden of proof for rebutting a prima facie case on the defendant. Includes within the meaning of prima facie case a finding by the International Trade Commission (ITC) that dumping exists. Authorizes the district court to: (1) issue subpoenas outside its judicial district if necessary; (2) enjoin importation of articles allegedly dumped pending the defendant's compliance with any court order; (3) review, in camera, confidential or privileged material; (4) accept material under seal; and (5) disclose such material. Requires expedited treatment of such actions. Sets a four-year statute of limitations for actions under this Act. Requires the foreign market value or constructed value of an article to include the amount of any subsidy provided to the manufacturer, producer, or exporter of the article. Expresses the sense of the Congress that this Act is consistent with the General Agreement on Tariffs and Trade.
United States · United States Congress · 22 January 1985
Amends the Internal Revenue Code to repeal the requirement that contemporaneous records be kept to substantiate deductions for certain travel expenses, including automobile expenses, business entertainment expenses, and expenses for gifts.
United States · United States Congress · 22 January 1985
Disqualifies for appointment to any civil service position in the executive branch any individual who fails to register as required under the Military Selective Service Act.
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
Directs the Secretary of the Army, acting through the Chief of Engineers, to proceed with the planning and construction of the Charleston Harbor, South Carolina, deepening project. Authorizes appropriations.
United States · United States Congress · 22 January 1985
Removes restrictions on State transfers of certain apportioned highway funds. Requires States to utilize a specified percentage of such funds on the projects for which they were apportioned, except where the State certifies to the Secretary of Transportation that such percentage is in excess of existing highway needs. Amends the Surface Transportation Assistance Act of 1982 to conform to provisions of this Act.
United States · United States Congress · 21 January 1985
Federal Debt Recovery Act of 1985 - Authorizes the Attorney General to make contracts retaining private counsel to furnish legal services in the case of any claim of indebtedness owed the United States. Requires the Attorney General, in making such a contract in any judicial district, to make a best effort to retain more than one private counsel from among attorneys regularly engaged in private practice in such district. Prohibits the legal fee payable for such services from exceeding the fee typically charged in the area for the collection of claims of indebtedness. Permits the head of an executive or legislative agency to refer to a private counsel so retained any claims of indebtedness owed the United States arising out of such agency's activities. Declares that, for the purposes of the Fair Debt Collection Practices Act, a private counsel performing collection services under this Act shall be considered a debt collector. Requires the Attorney General to transmit to the Congress an annual report on the activities of the Department of Justice to recover such indebtedness. Requires the Comptroller General to carry out an annual audit of the actions taken by the Attorney General pursuant to this Act during the preceding 12 months. Requires the Comptroller General to determine the extent to which there is competition among private counsel to obtain contracts pursuant to this Act, the reasonableness of the fees provided in such contracts, and the results of the debt collection efforts. Requires a report to the Congress on the findings and conclusions resulting from such audit. Requires the Attorney General to transmit to the Congress a report on the actions taken under this Act within 60 days after the date of enactment.
United States · United States Congress · 21 January 1985
Expresses the sense of the Senate that the President should reconsider the rescission of funds for the Economic Development Assistance Programs and make the full amount available for obligation in FY 1985.
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
Agricultural Trade Enhancement Act of 1985 - Establishes an Agricultural Trade Committee composed of the Secretary of Agriculture, the U.S. Trade Representative, and other persons appointed by the President. Directs the Committee to: (1) identify all major unfair trade practices of foreign countries that adversely affect farm commodities and their products; (2) develop recommendations for eliminating or mitigating such adverse effects; and (3) report its findings and recommendations to the President within six months of enactment of this Act. Terminates the Committee after submission of its report. Directs the President, as soon as practicable after submission of such report, to: (1) use any remedies available under any international agreement to eliminate or mitigate the adverse effects of the unfair practices identified by the Committee; and (2) direct the appropriate agencies to take the necessary steps to eliminate or mitigate such adverse effects. Amends the Food for Peace Act of 1966 to authorize the Commodity Credit Corporation (CCC) to guarantee credits made to finance commercial export sales of agricultural commodities out of private stocks to certain developing countries. Authorizes the CCC to provide intermediate credit financing to promote the export sales of farm commodities. Deletes specified limits on the credit terms for such sales and on the resale or transshipment of such commodities. Directs the Secretary to carry out the CCC export credit sales program including the credit guarantee program using not less than $500,000,000 for each of FY 1985 through 1988. Limits the duration of any restriction imposed on exports of farm commodities or the products of such commodities to 60 days. Prohibits such limitation from applying during a war declared by the Congress.
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
South African Human Rights Act of 1985 - Title I: Investment in South Africa - Directs the President to prohibit U.S. persons from making any investment in South Africa. Directs the President to: (1) attempt, through negotiations, to persuade other governments to adopt restrictions on new investment in and bank loans to South Africa; and (2) report annually to the Congress on the status of such negotiations. Sets forth penalties for violations of such prohibition. Terminates such prohibition upon enactment of a joint resolution approving a finding by the President that South Africa has made substantial progress toward the full participation of all the people of South Africa in the social, political, and economic life in that country and toward an end to discrimination based on race or ethnic origin. Title II: Labor Standards - Requires any United States person who has or controls an enterprise in South Africa which employs more than 20 people to ensure that in operating such enterprise the following employment principles are implemented: (1) desegregation in any employment facility; (2) equal employment for all employees; (3) equal pay for equal work; (4) establishment of a minimum wage and salary structure; (5) increase in the representation of nonwhites in managerial, supervisory, administrative, clerical, and technical jobs; (6) improvement of the quality of employees' lives outside the work environment; and (7) recognition of labor unions and fair labor practices. Declares that the Secretary may issue guidelines and give advisory opinions on compliance with such principles. Directs the Secretary of State ("the Secretary") to establish an Advisory Council in South Africa to advise the Secretary with respect to the implementation of such employment principles and to review the annual reports which each U.S. person covered by this Act must submit to the Secretary on the progress made in implementing such principles. Directs the Secretary to establish in the United States an American Advisory Council to make policy recommendations regarding labor practices of U.S. persons in South Africa to review such persons' progress in implementing such employment practices. Directs the Secretary: (1) to take specified actions to ensure compliance with the implementation of such employment principles; and (2) to review the compliance of such persons at least biennially. Sets forth penalties for noncompliance. Authorizes the President to waive compliance with the implementation of such principles if such compliance would harm U.S. national security. Title III: Prohibition on Loans and Importation of Gold Coins - Prohibits any U.S. bank from making any loan directly or through a foreign subsidiary to South Africa unless such loan is for educational, housing, or health facilities available to all persons on a nondiscriminatory basis. Prohibits the importation of any gold coin minted in South Africa or sold by South Africa. Directs the Secretary to take specified actions to enforce the prohibitions on loans and the importation of gold coins. Sets forth penalties for violations of such prohibitions. Authorizes the President to waive such prohibitions for one year if South Africa meets specified conditions. Title IV: Reimposition of Export Controls - Amends the Export Administration Act of 1979 to reimpose for one year the foreign policy export controls which were in effect on February 28, 1982, and ceased to be effective on March 1, 1982, September 15, 1982, or January 20, 1983 (except those controls with respect to the 1980 summer Olympic games). Authorizes one year extensions of such controls. Title V: Nuclear Exports - Prohibits, unless the affected country agrees to maintain International Atomic Energy Agency safeguards: (1) issuing an export license for the export to a nonnuclear-weapon state of goods or technology which are to be used or are likely to be diverted for use in a nuclear production or utilization facility; (2) giving authorization to engage in the production of any special nuclear material in a nonnuclear-weapons state; (3) issuing a license for the export to such a state of parts or items especially relevant because of their significance for nuclear explosive purposes; and (4) retransfering to a nonnuclear-weapon state any such goods, technology, or items. Authorizes the President to waive such prohibition if application of the prohibition would be seriously prejudicial to the achievement of U.S. nonproliferation objectives or would otherwise jeopardize the common defense and security and if the President submits the Executive Order containing the waiver to the Congress 60 days before the activity is carried out. Title VI: General Provisions - Directs Federal agencies to cooperate with the Secretary in carrying out provisions of this Act.
United States · United States Congress · 3 January 1985
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition "engaged in the business" with respect to manufacturer, dealers, and importers. Defines as a manufacturer, dealer, or importer of firearms a person who manufactures or deals in a regular course of trade or business with the principal objective of livelihood and profit. Defines "with the principal objective of livelihood and profit" to mean that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Permits the interstate sale of handguns where the sale complies with the law of the licensee's State and the State of the purchaser's residence. Presumes the licensee to have actual knowledge of the published laws of the States. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the armed forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Declares that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements in specific circumstances. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee, where such individual is not convicted of such charges. Allows the Government to voluntarily dismiss criminal charges prior to trial and still proceed with revocation. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has reasonable cause to believe that a violation has occurred and that evidence may be found on the premises. Requires a warrant to be issued for such search. Provides exceptions to such warrant requirement. Requires licensed collectors to maintain records of the receipt, sale, or other disposition of firearms. Requires records maintained by a licensee who has discontinued business to be delivered to the Archivist of the United States and the Secretary of the Treasury and to be disposed of after 20 years. Sets forth information-gathering procedures for tracing firearms and prohibits criminal charges based solely on information provided under those procedures. Prohibits records from being kept at a centralized location or entered in a computer for storage or retrieval. Permits licensed importers, manufacturers, and dealers to conduct business at temporary locations other than the one specified on a license (for example, gun shows). Establishes either a "knowing" (scienter) or a "willful" requirement with respect to general violations of the Act. Imposes additional penalties for the use of a firearm during the commission of a Federal crime of violence and for carrying a firearm in furtherance of a Federal crime of violence. Increases the penalties for the criminal misuse of firearms by making such penalties mandatory and at higher fine levels or longer prison terms than current law requires. Extends to first offenders the requirement, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Prohibits the granting of parole to first and subsequent offenders. Declares that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was a nonfelonious attempt to protect persons or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in a knowing violation of the Gun Control Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires, instead of permits, the Secretary to grant release, unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Imposes on the applicant the burden of proof. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Increases the number of types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Declares any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, dishonorably discharged veterans, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
![Official portrait of Sen. Hollings, Ernest F. [D-SC]](https://www.congress.gov/img/member/h000725_200.jpg)