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
Directs that funds be made available from appropriations under the Department of Labor, Health and Human Services, and Education and Related Agencies Appropriations Act, 1985 to enable the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration to award 7,083 new competitive research grants in FY 1985.
United States · United States Congress · 19 March 1985
Textile and Apparel Trade Enforcement Act of 1985 - Limits the total quantity of 1985 imports of textiles and textile products from a major exporting country to the lesser of an amount equal to 101 percent: (1) of the total quantity of textile products imported from such country if the total had increased by six percent annually during 1981 through 1984; or (2) if the United States has an agreement with such country providing for an annual growth rate of less than six percent, of the total quantity of such products from such country imported during 1984. Limits the total quantity of 1985 imports of textiles and textile products from an exporting country to an amount equal to the total quantity of such products imported from such country during 1984 plus: (1) 15 percent of such quantity in the case of a category that is not an import sensitive category; or (2) one percent in the case of an import sensitive category. Provides for changing the classification of a country, except for a Caribbean country, from an exporting country to a major exporting country if the total textile imports from such country equals or exceeds one and one-quarter percent of all textiles imported into the United States. Sets forth a formula for adjusting the growth of textile imports annually. Sets forth certain minimum quantities of textile imports that all countries shall be allowed to export to the United States. Requires the Secretary of Commerce to enforce this Act. Directs the Secretary, within six months of enactment of this Act, to establish an import licensing system under which an importer of textiles will be required to present an import permit as a condition of entry of such textiles. Directs the President to report to the Congress annually on the administration of this Act.
United States · United States Congress · 14 March 1985
Performing Arts Labor Relations Amendments - Amends the National Labor Relations Act to exclude specified types of employers and performers in the performing arts from coverage under unfair labor practice provisions prohibiting specified contracts or agreements between employers and labor organizations and prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative. Permits such employers, excluding employers in the broadcasting or motion picture industries, to: (1) agree with a labor organization to make membership in such organization a condition of performing arts employment; and (2) make agreements with a labor organization covering performing artists even if the majority status of the organization has not yet been established. Defines "employer" to include purchasers of musical performance services. Defines "employee" to include independent contractors engaged to perform musical services.
United States · United States Congress · 7 March 1985
Condemns the use of plastic or rubber bullets in Northern Ireland. Calls upon the Government of the United Kingdom to ban the use of plastic or rubber bullets against civilians.
United States · United States Congress · 7 March 1985
Condemns all acts of violence in Northern Ireland. Calls upon the United Kingdom to outlaw the Ulster Defense Association and any like terrorist organization.
United States · United States Congress · 28 February 1985
Employee Educational Assistance Act of 1985 - Amends the Internal Revenue Code to extend indefinitely the income tax exclusion for employee educational assistance programs. (Present law terminates such exclusion as of December 31, 1985.) Limits the maximum amount of such exclusion (beginning in 1986) to $5,000 of amounts paid or expenses incurred for educational assistance furnished to an employee during a calendar year. Exempts graduate students engaged in teaching or research activities from such maximum limit. Provides for annual cost-of-living adjustments in such maximum limit beginning in 1987.
United States · United States Congress · 27 February 1985
Expresses the sense of the Congress that: (1) the Job Corps has been a cost effective and successful program that should be continued as a separate component of the Job Training Partnership Act; (2) the commitment of the Congress to the program is reaffirmed; and (3) sufficient appropriations should be made available to maintain the youth program.
United States · United States Congress · 26 February 1985
Secondary School Basic Skills Act - Establishes a program of grants to local educational agencies (LEAs) having especially high concentrations of children from low-income families to enable such agencies to provide more effective instruction in basic skills for economically disadvantaged secondary school students. Defines "basic skills" to include reading, writing, and mathematics computational proficiency as well as comprehension and reasoning. Authorizes appropriations for FY 1986 through 1992. Makes certain amounts of such appropriations available for specified activities and types of grants under this Act. Makes a secondary school eligible to receive assistance under this Act for planning grants, demonstration grants, and formula grants only if at least ten children aged 14 to 17, inclusive, are enrolled in such school and are counted under LEA basic grant provisions of the Elementary and Secondary Education Act of 1965 (ESEA), as modified by the Education Consolidation and Improvement Act of 1981 (ECIA). Requires that funds made available under this Act for planning grants, demonstration grants, and formula grants be used to plan for, develop new approaches to, and carry out educational services and activities designed specifically to raise the basic skills of low achieving disadvantaged children. Authorizes the Secretary of Education, through the National Institute of Education (NIE) and from specified funds appropriated for FY 1986, to make planning grants to LEAs, institutions of higher education, and other public agencies and nonprofit private organizations. Provides that such planning grants shall be made to such entities on behalf of and for the purpose of assisting eligible secondary schools to prepare proposals for demonstration grants. Sets forth application requirements. Limits any such planning grant to $2,000. Requires planning grant recipients to submit a demonstration proposal within 60 days after the end of FY 1986, or else refund the amount received. Authorizes the Secretary, through NIE and from specified funds appropriated for FY 1986 and 1987, to make demonstration grants to enable eligible secondary schools to develop new approaches to achieving improved basic skills instruction of low-achieving economically disadvantaged secondary school students. Sets forth application requirements. Requires that the application be made on behalf of the eligible school by: (1) the LEA; or (2) an institution of higher education, public agency, or private nonprofit organization if such entity will provide educational services or conduct educational activities subject to the proposal. Requires applicants to assure their participation in a national assessment. Requires that administrators and teachers in the eligible school participate in the preparation of the proposal. Requires that the appropriate State educational agency (SEA) review and comment on the application before submission to the Secretary. Directs the Secretary to assure that: (1) at least one demonstration grant is made in each State in each fiscal year; and (2) no demonstration grant exceeds $500,000 in any fiscal year. Authorizes the Secretary, from specified funds for FY 1988 through 1992, to make formula grants to States to enable LEAs to carry out educational programs and activities to improve the basic skills of low-achieving economically disadvantaged secondary school students in eligible secondary schools. Reserves specified portions of formula grant funds for payments to certain U.S. territories and possessions and payments for children enrolled in Indian schools. Allots the remainder to States on the basis of the number of children aged 14 through 17, inclusive, who are counted for specified purposes under ESEA, as modified by ECIA, for the fiscal year preceding the fiscal year for which the determination is made. Requires each SEA to make allocations from the State allotment to LEAs, institutions of higher education, public agencies, and private nonprofit organizations having specified local applications approved on behalf of eligible secondary schools based on the relative number of children aged 14 through 17, inclusive, in such schools who were counted for specified purposes under ESEA, as modified by ECIA. Sets forth requirements for State assurances relating to formula grants. Limits to one percent of the State allotment State expenditures for administration, technical assistance, coordination, and planning. Limits to ten percent of the State allotment payments to institutions of higher education, public agencies, and nonprofit private organizations submitting applications on behalf of eligible secondary schools. Sets forth requirements for local applications to be filed with the SEA. Requires consultation with parents and teachers of low-achieving economically disadvantaged secondary school students in program design and implementation. Establishes a national secondary school basic skills panel in NIE to identify successful model programs and review planning and demonstration grant proposals. Directs the Secretary, through NIE, to conduct a national assessment of the effectiveness and the implementation of demonstration grants. Directs the Secretary to disseminate assessment results to LEAs having eligible secondary schools. Directs the Secretary, through NIE, to monitor grants and coordinate activities under this Act with other research activities conducted by NIE and through the Office of Educational Research and Improvement. Directs the Secretary to make payments under planning and demonstration grants as expeditiously as possible after approval of applications. Prohibits any formula grant with respect to any eligible secondary school for a third or fourth fiscal year unless there is: (1) an improved performance of the economically disadvantaged students at the school on a State approved basic skills test; or (2) a decrease in the dropout rate at the school. Prohibits any formula grant with respect to an eligible secondary school for the fifth fiscal year unless the performance of economically disadvantaged students at the school is maintained at: (1) the highest performance level achieved during the first three fiscal years of the grant; or (2) the lowest dropout rate during such period. Directs the Secretary to prescribe regulations relating to such prohibitions.
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 · 21 February 1985
Student Loan Collection Improvement Amendments of 1985 - Title I: Guaranteed Student Loan Program - Amends the Higher Education Act of 1965 (HEA) to revise title IV, part B provisions for the Federal Insured Student Loan (FISL) program and the Guaranteed Student Loan (GSL) program. Revises FISL provisions for conditions for Federal loan insurance to grant lenders the option of requiring endorsement of the loan by a co-signer. Deletes a 15-year limitation on the period of the loan. Revises provisions for disbursement of loans to require that the funds borrowed be disbursed by check: (1) sent to the eligible institution the student attends or plans to attend, and made payable to the order of the student and such institution as copayees, with the endorsement of both parties required; or (2) in cases where the institution is not located in a State or where the loan is an auxiliary loan to a parent, sent to the borrower and made payable to the order of the borrower, with the endorsement of the borrower required, and a notice of disbursement sent by the lender or the Secretary of Education to the eligible institution. Revises GSL provisions for agreements with State and nonprofit private institutions for subsidy payments on loans insured under the student loan insurance program of such State or institution to also: (1) delete a 15-year limitation on the period of the loan; and (2) make similar revisions of the loan disbursement procedure. Requires that such agreements provide for: (1) independent financial and compliance audits of the guarantee agency, with regard to its performance under such an agreement, at least once every two years; and (2) recovery by the Secretary from the guarantee agency of amounts, plus interest, determined by such audits to be owing. Provides that, notwithstanding any provision of State law that would set an earlier deadline for filing suit, any suit for the collection of the amount due from a FISL or GSL borrower may be filed during a six-year period: (1) after the date a guarantee agency reimburses the previous holder of the loan for its loss on account of the borrower's default; and (2) after the date on which the loan is assigned to the Secretary. Provides that, notwithstanding any provision of State law to the contrary, in collecting any obligation arising from a loan made under FISL or GSL provisions, a guarantee agency which has an agreement with the Secretary shall not be subject to a defense raised by any borrower based on: (1) a claim of infancy; or (2) the action or omission of an eligible institution or lender, if such agency did not have actual notice of such defense when such agency reimbursed the previous holder of the loan for its loss. Revises provisions for payment of excess recovery to the insured to include reasonable administrative and collection costs, to the extent set forth in regulations issued by the Secretary, in the costs of the Secretary's recovery on any FISL loan. Requires, under GSL provisions (as well as under current FISL provisions), each guarantee agency (as well as the Secretary) to enter into cooperative agreements with credit bureau organizations to exchange information concerning student borrowers. Deletes FISL program requirements: (1) for notice to the borrower before certain information is disclosed; (2) for establishment of a system for prompt notification of borrowers; and (3) relating to other conditions under Federal law, for Federal agency disclosure of individual records. Provides that a guarantee agency (or a credit bureau organization) which discloses or receives such information shall not be considered a Government contractor within the meaning of specified Federal law relating to Federal agency disclosure of individual records. Authorizes the Secretary and each guarantee agency to disclose specified information concerning student borrowers to the eligible institutions such borrowers attend or previously attended. Allows, notwithstanding specified provisions of the Fair Credit Reporting Act, a consumer reporting agency to make a report containing information received from the Secretary or a guarantee agency regarding the status of a borrower's account on a loan under the FISL or GSL program for a period of up to seven years after: (1) the date on which the Secretary or the agency paid a claim to the holder on the guarantee; or (2) October 1, 1984, with regard to an account on a loan which the Secretary or the agency has paid a claim but not reported the account to a consumer reporting agency on or before such date. Provides that, notwithstanding any provision of State law to the contrary, in collecting any obligation arising from a loan made under GSL provisions, the United States shall not be subjected to a defense raised by any borrower on either a claim of infancy or the action or omission of an eligible institution or lender, if the Secretary and the Secretary's agents did not have actual notice of such defense when the Secretary reimbursed the previous holder of the loan for its loss. Authorizes the Secretary to impose a civil penalty of up to $25,000 for each of specified violations or failures to carry out student aid provisions or regulations or misrepresentations of financial charges by a lender or guarantee agency. Authorizes the Secretary to compromise such penalties. Title II: National Direct Student Loan Program - Revises HEA provisions for the National Direct Student Loan (NDSL) program. Requires NDSL agreements to provide that where a note or written agreement evidencing a loan is in default despite due diligence on the part of the institution to collect such loan: (1) if the institution has failed to maintain an acceptable collection record generally with respect to NDSL loans, the Secretary may require such institution to assign its rights under such note or agreement to the United States, without recompense; or (2) if the institution has not failed to maintain an acceptable NDSL collection record, the Secretary may allow it to assign its rights under such note or agreement to the United States, without recompense. Sets forth provisions relating to the seven-year period of reporting on the status of NDSL borrowers' accounts by consumer reporting agencies. (Such provisions are similar to those for such reporting on GSL accounts under title I of this Act.) Requires each institution to include in its information to NDSL student borrowers a description of any penalty imposed as a consequence of default (such as liability for expenses reasonably incurred in attempts by the Secretary or institutions to collect on a loan). Revises required terms of NDSL loans to grant institutions the option of requiring NDSL loans to be endorsed by a cosigner. Makes mandatory, rather than discretionary, the assessment of a charge for failure of an NDSL borrower to pay all or part of an installment when due. Requires that such charge include the expenses reasonably incurred in attempting such collection with respect to such loan. Authorizes the Secretary, in attempting to collect any defaulted NDSL loan, to use any collection means available to the United States, including referral to the Attorney General for litigation. Directs the Secretary to continue to collect any loan assigned under provisions for assignment of rights to the United States until all appropriate collection efforts, as determined by the Secretary, have been expended. Provides for a six-year statute of limitations on specified collection suits for NDSL loans, similar to that provided by the GSL amendments under title I of this Act. Title III: General Provisions - Revises general provisions for student assistance programs under HEA. Revises provisions for student eligibility for any grant, loan, or work assistance under HEA to require that a student not owe a refund on grants previously received at any institution, or be in default on any loan from a student loan fund at any institution, or a loan made, insured, or guaranteed by the Secretary for attendance at any institution. Provides for a six-year statute of limitations on specified collection suits for refunds due from a student on a grant made or work assistance awarded under HEA. Requires borrowers who have defaulted on student loans under HEA to pay reasonable collection costs, in addition to other charges specified under HEA, notwithstanding State law. Authorizes the Secretary to prescribe regulations for recovery by the Secretary from the eligible institution of amounts, plus interest, determined by specified audits to be owing. Title IV: Application Provisions - Sets forth the effective dates and applicability of specified amendments made by this Act.
United States · United States Congress · 21 February 1985
Superfund Extension and Improvement Act of 1985 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to specify how such program operates within Indian lands. Exempts remedial actions on Indian lands from the cost-sharing and future maintenance requirements imposed on States and requires the President to assure the availability of off-site disposal capability. Authorizes Indian tribes to recover damages for injury to or loss of natural resources resulting from releases of hazardous substances. Treats Indian tribes substantially like States for purposes of certain information, notification, and planning provisions. Includes household water supplies within the scope of alternative water supplies for replacement purposes. Permits a State to apply a credit for certain cleanup expenditures to a site other than the one at which the credit was earned, including credits earned at a National Priority List (NPL) site before the commitment of Federal funds. Requires the State to enter into a cooperative agreement or contract for this purpose. Requires the President to consider long-term as well as short-term costs and to stress permanent solutions to waste contamination when selecting cost-effective remedial responses. Establishes a general cleanup standard for remedial actions which at least provides for the protection of human health and the environment. Requires site specific solutions where needed. States that onsite cleanup must comply with this standard but permits are not required under the Resource Conservation and Recovery Act of 1976 (RCRA) (Solid Waste Disposal Act). Makes the cleanup of contaminated ground and surface water at NPL sites remedial action requiring State and Federal participation. Limits such designation and Federal involvement to five years or until the general protection standard is met. Requires as a condition of receiving Superfund money for remedial actions that a State provide assurances that there will be adequate capacity and access to hazardous waste management facilities in compliance with RCRA for a State's hazardous waste for the next 20 years. Permits the President to enter into cooperative agreements with States for hazardous waste cleanup on a multi-site basis with reimbursement of costs associated with securing site responses from responsible parties. Revises the health-related authorities of the Agency for Toxic Substances and Disease Registry (ATSDR) to require ATSDR to: (1) provide State and local governments with consultations on toxic or hazardous substances health-related issues; (2) perform health assessments at all NPL sites and certain RCRA hazardous waste disposal facilities; (3) provide health assessments for certain individuals upon request; (4) establish a priority system for assessing CERCLA and RCRA sites based upon the degree of risk to human health; (5) receive and if necessary act upon State and local health assessments as well as its own; (6) report results and recommendations on assessments to the applicable State and the Administrator of Environmental Protection Agency (EPA); (7) recover assessment costs from the site owner or operator; (8) conduct pilot epidemiological studies; (9) establish a registry of exposed persons if necessary; and (10) study and report to the Congress on the cost-effectiveness of medical surveillance programs. Directs the President to reduce exposures which an assessment or study finds present significant risks to human health and to mitigate such risks by providing alternative water supplies and individual relocations among other steps. Prohibits health-related activities from impeding cleanup activities. Directs the Administrator of ATSDR to prepare and update a list of hazardous substances which present the most significant potential threat to human health because of their pervasiveness or toxicity. Requires the Administrator to initiate research programs for substances of which not much is known and to coordinate them with toxicological testing techniques. Requires such research to be coordinated with other research efforts of EPA. Expresses the sense of the Congress that the costs of such research should be borne by the manufacturers of the substance in question or, where this is not practical, by the parties responsible for the release of such substance. Directs the Administrator to prepare and update toxicological profiles on each listed substance. Subjects all such research findings to peer review before dissemination. Authorizes the Administrator to establish and report to the Congress on a toxic substance diagnostic education program for health professionals. Earmarks funding from Superfund for the expenses of ATSDR. Amends the Solid Waste Disposal Act to require owners and operators of landfills and surface impoundments to submit to EPA or a State with an authorized program an assessment of the potential for public exposure to hazardous substances released from their units. Makes such information available to ATSDR, which may then conduct its own assessment of a particular site if necessary. Amends CERCLA to require an opportunity for public comment before a particular remedial action is chosen for any site or any settlement agreement is made. Directs the Administrator of EPA to place a high priority on purchasing the remaining properties in the Love Canal emergency declaration area, Niagara Falls, New York. Directs the President to revise the National Hazardous Substance Plan part of the National Contingency Plan (NCP) to provide procedures and standards for remedial actions pursuant to this Act. Requires the President to amend the hazard ranking system to accurately reflect the relative degree of risk to human health and the environment posed by sites and facilities subject to review. Requires such system to be applied to sites and facilities newly listed on the NPL. Renders State or local governments not liable for damages from non-negligent actions taken in response to emergencies created by the release of a hazardous substance, pollutant, or contaminant from a site or facility owned by another person. Authorizes the Administrator to indemnify contractors engaged to respond to the release of hazardous substances. Directs the Administrator to select five States to establish and operate for at least five years a victim assistance demonstration program for individuals injured through exposure to hazardous substances. Sets forth application and program criteria and conditions upon such grants. Requires such programs to include group insurance benefits for burial, medical treatment, and disability. Permits the use of Superfund to pay for alternative water supplies in cases involving federally-owned facilities where groundwater contamination exists beyond the Federal boundary and such facility is not the only potentially responsible party. Extends the statute of limitations for filing claims against Superfund or responsible parties for damages to natural resources until the later of three years after discovery or the promulgation of damage assessment regulations. Sets an outside limit of six years after a response action. Permits the review of CERCLA regulations in any U.S. Court of Appeals. Provides a procedure to determine the forum when more than one appeal has been made. Declares that States are not preempted by Superfund from taxing the same hazardous substances as Superfund does. Limits the 50 percent (or greater) cost-sharing of cleanup obligations of a State or local government which owns a targeted facility to those situations where the State or local government both owns and operates such facility. Requires reimbursement out of Superfund to a State for expenditures in excess of ten percent of cleanup costs at a government-owned but not government-operated facility. Authorizes the President to enter into a consent order for the carrying out of a response action with and by responsible parties. Establishes daily fines for noncompliance. Directs the Administrator to enforce a mandatory schedule for remedial investigations and feasibility studies for all facilities on the NPL. Requires the Administrator to list at least 1,600 facilities on such list by the start of 1988. Requires the commencement of remedial investigations and feasibility studies for such newly listed facilities within two years of this Act's enactment. Requires the commencement of substantial and continuous onsite remedial action at NPL facilities at a rate of 150 per year by FY 1987. Directs the Administrator to complete preliminary assessments of all facilities on the Emergency and Remedial Response Information System (ERRIS) list by the start of 1987. Requires the Administrator to ensure completion of remedial actions on the NPL as of the date of enactment within five years, requiring a published explanation of any noncompletions. Grants high priority to the acquisition of properties in an emergency area because of the release of hazardous substances before May 22, 1980. Requires each Federal agency and department to notify the Administrator of EPA, within six months of this Act's enactment, of any hazardous substance treated, stored, or disposed of at Federal facilities under their control. Requires such agencies and departments to make annual reports to the Administrator on all facilities not on the initial notice. Requires such initial notice to describe the location, nature, toxicity, contamination, response actions, and cleanup techniques for the hazardous substances. Directs the Administrator to establish a Public Federal Agency Hazardous Waste Compliance Docket (Compliance Docket) to record each listed facility and subsequent actions taken. Requires preliminary assessment of each facility for possible evaluation under the NCP and inclusion on the NPL. Requires Federal agencies or departments responsible for facilities placed on the NPL to commence a remedial investigation and feasibility study for such facility and enter into an interagency agreement with the Administrator to conduct remedial action. Requires continuous, substantial onsite response within six months of the agreement. Requires that such agreements: (1) review alternative remedial actions with the Administrator selecting the construction design; (2) schedule completion of remedial actions; and (3) arrange for long-term operation and maintenance of the facility. Requires completion of remedial actions within two years of the agreement to the extent practicable, with explanations of noncompletion to be included on the Compliance Docket and in the agency's or department's annual report to the Congress on its progress on reaching and implementing interagency agreements. Requires such annual report to also include cost information and public comments. Makes Federal facility cleanup actions ineligible for Superfund monies. Provides that the Administrator shall retain enforcement and administrative authority. Requires the Administrator to bring enforcement actions through the Attorney General against any department or agency in noncompliance. Includes Federal facilities within CERCLA guidelines for preliminary assessments, NCP evaluations, and inclusion on the NPL. Directs the Administrator to revise the NCP and propose amendments to the hazard ranking system to reflect this Act's amendments within one year of the enactment of this Act. Permits citizen action lawsuits against any party, including the Federal Government, involved with any hazardous substance in such a way as may present an imminent and substantial endangerment to health or the environment or against the Administrator of EPA or ATSDR for failure to perform a required duty. Requires potential plaintiffs to give 120 days notice to the appropriate Federal and State officials as well as the alleged violator before commencing an action. Prohibits such an action if the Administrator or the State has commenced and is prosecuting court action already or a settlement has been reached. Permits intervention as a matter of right. Prohibits citizen actions for the siting or issuance of a permit to a hazardous waste disposal facility. Authorizes the Federal district court to award costs to any substantially prevailing party. Deems consistent with CERCLA, and directs the Administrator to consider using, Recommendation 84-4 of the Administrative Conference of the United States relating to facilitating negotiated private party cleanup of hazardous substances. Directs the Secretary of Transportation to establish a centralized computer-based system accessible to Government officials through remote communications equipment to provide information on the identity and nature of response means and other suitable information regarding any shipment regulated by the Hazardous Materials Transportation Act. Reauthorizes Superfund for an additional five years, through FY 1990.
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 · 19 February 1985
Expresses the sense of the Congress that: (1) Paraguay should carry out an investigation to locate and arrest Josef Mengele and extradite him to the Federal Republic of Germany; and (2) the United States should take actions to ensure that Josef Mengele is brought to justice.
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 · 7 February 1985
Jacob J. Javits Gifted and Talented Children's Education Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to add this Act as part A (Gifted and Talented Children) of title IX (Additional Programs) of ESEA. Authorizes appropriations for FY 1986 through 1990 for programs for gifted and talented children. Directs the Secretary of Education to reserve a specified portion of such funds for discretionary programs. Requires that the remainder of such appropriations be available for State programs. Sets forth provisions for State programs. Directs the Secretary to make grants to State educational agencies (SEAs) for the Federal share of the costs of planning, developing, operating, and improving programs to meet the educational needs of gifted and talented children at the preschool, elementary, and secondary levels. Permits such programs to include inservice training of personnel to teach such children. Directs the Secretary to allot such funds in accordance with specified provisions. Requires SEA applications for such grants to contain specified assurances, including the assurance that appropriate consideration will be given to the particular educational needs of disadvantaged gifted and talented children. Prohibits an SEA from reserving more than ten percent of grant funds for program administration, technical assistance, coordination, and statewide planning. Requires an SEA to distribute, on a competitive basis, at least 90 percent of grant funds to local educational agencies (LEAs) which apply, with due regard for the quality of the proposed activities. Requires an SEA to use at least 50 percent of grant funds for programs and projects which include a component for the identification and education of disadvantaged gifted and talented children from low-income families. Permits use of grant funds for instructional equipment only if such equipment will enhance the program or project. Prohibits SEA approval of an LEA application unless the needs of children in nonprofit private elementary and secondary schools have been taken into account. Requires the SEA to provide technical assistance for proposals and programs of LEAs which are unable to compete due to smaller size or lack of financial resources. Requires that an opportunity for a hearing be afforded before the Secretary may disapprove an application which does not meet specified requirements. Sets forth provisions for discretionary programs relating to education of gifted and talented children. Authorizes the Secretary, from amounts reserved for discretionary programs, to pay the Federal share of the costs of grants or contracts to SEAs, LEAs, institutions of higher education, and other public or private organizations for: (1) programs or projects designed to meet the needs of gifted and talented children; (2) training of personnel engaged in the education of gifted and talented children; (3) model projects for identification and education of gifted and talented children; (4) an information clearinghouse; (5) statewide planning, development, operation, and improvement; and (6) research, evaluation, and related activities. Sets forth application requirements for discretionary program grants and contracts. Applies specified requirements relating to private school pupil and teacher participation in such discretionary programs, unless such requirements cannot be legally met in the State. Authorizes the National Institute of Education (NIE) to carry out a program of research and related activities pertaining to the education of gifted and talented children from funds which the Secretary may transfer from discretionary program funds. Sets forth provisions for State allotments of appropriations for programs for gifted and talented children. Directs the Secretary to allot up to one percent of such appropriations, in accordance with their respective needs, among: (1) Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands; (2) programs in schools operated for Indian children by the Department of the Interior; and (3) programs in overseas dependent schools of the Department of Defense. Directs the Secretary to allot the remainder among applicant States on the basis of: ((1) number of children aged five through 17, with a $50,000 minimum allotment to each State; and (2) number of children who are counted for purposes of determining basic grants to LEAs under ESEA. Sets forth provisions for reallotment of any State allotment exceeding the amount a State needs and will be able to use in a fiscal year. Directs the Secretary to designate an administrative unit within the Office of Education to administer and coordinate programs for gifted and talented children and youth. Provides that any Indian tribe which operates schools for its children shall be deemed an LEA for purposes of this Act. Prohibits any financial assistance to an LEA for a period in excess of five years, but provides that such limitation shall not apply to any financial assistance extended prior to the date of enactment of the Education Amendments of 1978. Makes the Federal share for any fiscal year 90 percent, but 100 percent for: (1) programs and projects involving participation of private school students; (2) clearinghouse activities; and (3) research, evaluation, and related activities. Directs the Secretary to reestablish the Office of Gifted and Talented in the Office of Elementary and Secondary Education.
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
Fair Tax Act of 1985 - Title I: Reduction of Individual and Corporate Tax Rates - Subtitle A: Reduction of Rates - Amends the Internal Revenue Code to revise individual tax rates. Imposes a flat tax rate of 14 percent on the taxable income of individuals. Imposes a surtax of 12 and 16 percent of the amount by which adjusted gross income exceeds specified levels. Imposes a flat tax rate of 30 percent on the taxable income of estates and trusts. Imposes a flat tax rate of 30 percent on the taxable income of corporations. Subtitle B: Increase in Personal Exemption for Taxpayer and Standard Deduction - Increases the personal exemption to $1,600 for an individual taxpayer and spouse and to $1,800 for an individual who is a head of a household. Raises the standard deduction to $6,000 in the case of a joint return or a surviving spouse or $3,000 in the case of an individual or a married individual filing a separate return. Subtitle C: Repeals Related to Reduction in Rates - Repeals provisions relating to: (1) tax tables for individuals; (2) minimum tax for tax preferences; (3) personal service corporations; (4) special averaging rules for lump-sum distributions; (5) accumulated corporate surplus; (6) personal holding companies; (7) income averaging; and (8) graduated corporate tax rates. Repeals the indexing of tax rates. Applies the trust throwback rules only to amounts distributed from foreign trusts. Title II: Base Broadening-Subtitle A: Credits - Repeals the general tax credit, the investment tax credit, the possessions tax credit and the income tax credits relating to: (1) the elderly and the permanently and totally disabled; (2) contributions to candidates for public office; (3) home purchases; (4) residential energy conservation; (5) producing fuel from a nonconventional source; (6) alcohol used as fuel; (7) increasing research activities; (8) employee stock ownership; and (9) clinical testing for certain drugs. Allows an income tax deduction for household and dependent care expenses necessary for employment. (Present law allows an income tax credit for such expenses.) Subtitle B: Exclusions - Repeals the partial income tax exclusion for interest and dividends. Repeals the exclusion for: (1) qualified transportation furnished by an employer; (2) cafeteria plans furnished by an employer; (3) dependent care assistance programs; (4) dividend reinvestment in public utilities; (5) payments to encourage mining for defenses purposes; (6) earned income of citizens living abroad; (7) certain allowances; (8) income earned from sources within possessions of the United States; and (9) income earned from sources within Puerto Rico. Treats as taxable income: (1) amounts paid by an employer for group-term life insurance; (2) unemployment compensation; (3) the annual increase in the cash surrender value of life insurance policies; (4) interest on industrial development bonds and mortgage subsidy bonds; and (5) amounts contributed by an employer to accident and health plans. Provides a limited exclusion from income for scholarships and fellowships. Imposes the surtax on the gain from the sale of a principal residence. Amends the Merchant Marine Act to repeal the tax exemption for deposits into, and withdrawals from, a capital construction fund. Subtitle C: Deductions - Repeals the deduction for two-earner married couples and the deduction for adoption expenses. Limits the amount of the interest deduction for individuals. Repeals the deduction for State and local personal property and sales taxes. Restricts the charitable contribution for corporations to 50 percent of the charitable contributions made during the year. Increases the floor on the deduction for medical and dental expenses from five percent to ten percent. Subtitle D: Repeal of Special Capital Gains Treatment - Repeals the alternative tax on capital gains for corporations and the deduction for individuals for capital gains. Limits the amount of the capital loss deduction without regard to distinctions between short term and long term capital losses. Eliminates the distinction between short-term and long-term gains and losses. Title III: Capital Cost Recovery-Subtitle A: Simplified Cost Recovery Systems - Allows individuals and corporations a deduction from gross income for a percentage of the balance in a recovery account for each year. Includes in the recovery account the cost of recovery property which is depreciable property used in a trade or business or held for the production of income which is placed in service after December 31, 1986. Establishes six classes of recovery property and specifies a class life for each. Assigns property to each class according to the class life of the property. Sets forth rules for the calculation of the recovery percentage on the basis of the class life of the property. Allows individuals and corporations a deduction for depletable property determined as a percentage of the balance in a recovery account for each year. Establishes six classes of depletable property and assigns a class life to each. Assigns a ten-year class life for oil, gas, and geothermal wells. Subtitle B: Other Changes - Repeals the income tax deductions for: (1) intangible drilling and development costs for oil, gas, and geothermal wells; (2) depreciation; (3) amortization of pollution control facilities; (4) improvements made by a lessee on a lessor's property; (5) certain depreciable assets; (6) amortization of reforestation expenditures; (7) percentage depletion; (8) development expenditures; and (9) mining and exploration expenditures. Allows a ten-year period for the amortization of construction period interest and taxes. Allows a deduction of circulation expenses for a newspaper, magazine, or other periodical ratably over a ten-year period. Excludes amounts chargeable to a capital account from such treatment. Provides for the deduction of 50 percent of tertiary injectant expenses in the taxable year and 50 percent of such expenses in the succeeding taxable year. Title IV: Miscellaneous Provisions - Subtitle A: Foreign Income - Requires an individual who owns stock in a corporation which is a controlled foreign corporation to include in income a pro rata share of the corporations's earnings and profits for such year. Reduces such amount by any amount required to be included in income by reason of the amount being foreign personal holding company income. Repeals the foreign sales corporations (FSC) provisions for taxable years beginning after December 31, 1986. Repeals the domestic international sales corporations (DISC) provisions for taxable years beginning after December 31, 1986. Subtitle B: Other Miscellaneous Provisions - Repeals the tax exemption for credit unions. Reduces the limit on benefits which may be paid to a participant under defined benefit plans and defined contribution plans. Repeals the cost-of-living adjustment for defined benefit plans. Continues the cost-of-living adjustment for purposes of calculating a participant's average compensation for his or her high three years. Requires farmers to compute their taxable income using the accrual method of accounting with the capitalization of preproduction expenses. Exempts taxpayers who do not have gross receipts exceeding $1,000,000. Requires farming syndicates to use the accrual method of accounting without regard to gross receipts. Provides that farmers who must use the accrual method cannot expense the following: (1) soil and water conservation expenditures; (2) fertilizer; and (3) expenses for clearing land. Requires the deferral of income or loss must be taken into account in determining tax liability under the completed contract method of accounting. Requires that the taxpayer with adjusted gross income in excess of $100,000 must make estimated payments equal to 90 percent of current year tax. Requires the recognition of the gain or loss on distributions of property by corporations. Eliminates the special bad debt reserves of financial institutions. Title V: Effective Dates - Sets forth the effective dates for the provisions of this Act.
United States · United States Congress · 31 January 1985
International Computer Software Protection Act of 1985 - Amends the copyright law to protect the computer software of a foreign nation only to the extent such nation protects software. Eliminates all U.S. protection of a foreign nation's computer software if such nation protects software for a period of less than 25 years.
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 · 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.