United States · United States Congress · 24 May 1985
Korean War Veterans Memorial Act of 1985 - Authorizes the American Battle Monuments Commission to erect a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. Armed Forces who served in the Korean war. Subjects the selected site, design, and plans for the construction of such memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission. Directs that, upon its completion, the memorial shall be turned over to the Department of the Interior which shall then be solely responsible for its maintenance. Authorizes appropriations.
United States · United States Congress · 8 May 1985
Amends the Contract Work Hours and Safety Standards Act and the Walsh-Healey Act to require overtime compensation only for hours of employment in excess of 40 hours in a workweek for employees of Federal Government contractors or subcontractors.
United States · United States Congress · 7 May 1985
Amends the Communications Act of 1934 to authorize appropriations for FY 1986 through 1988 to be used by the Secretary of Commerce to assist in the planning and construction of public telecommunications facilities. Repeals a provision that requires 75 percent of the funds appropriated for such purposes in a fiscal year to be available to extend delivery of public telecommunications services to areas not receiving such services. Authorizes appropriations, to match up to a specified amount of non-Federal contributions to public broadcasting entities, for the Public Broadcasting Fund for FY 1987 through 1990. Repeals a provision that requires that a specified portion of the amount made available to the Corporation for Public Broadcasting from the Fund be earmarked for expenses of research, training, technical assistance, engineering, instructional support, and the payment of interest on indebtedness. Repeals provisions requiring a public telecommunications entity to refund to the Corporation for Public Broadcasting an amount of Federal funds equal to the amount of any unrelated business income tax paid by such entity.
United States · United States Congress · 3 May 1985
Expresses, on the 40th anniversary of V-E Day, the Nation's deep gratitude and recognizes the enormous debt owed to the American servicemen who fought in World War II.
United States · United States Congress · 26 April 1985
Expresses the sense of the Congress that: (1) the United States should pay honor to the memories of the innocent civilians and American and Allied soldiers who died at the hands of the Nazis; (2) it is fitting and appropriate for the President, in a gesture of reconciliation, to visit the Federal Republic of Germany; (3) the President should recognize the importance of the relationship between the two countries; and (4) the President should reassess his planned itinerary for his forthcoming trip to the Federal Republic of Germany.
United States · United States Congress · 22 April 1985
Urges the President to: (1) institute a total boycott and embargo of U.S. trade with Nicaragua; (2) call upon the Organization of American States to institute a total trade boycott and embargo of Nicaragua; (3) call upon other countries not to trade with Nicaragua; and (4) maintain the boycott and embargo until the President finds and certifies to the Congress that Nicaragua has ceased to threaten its neighbors, reduced its military strength, and eliminated the presence of all Soviet Bloc and Cuban military advisors.
United States · United States Congress · 17 April 1985
Amends the Tariff Schedules of the United States to add Afghanistan to the list of communist countries the imports from which are subject to the column two rate of duty. Prohibits granting nondiscriminatory (most-favored-nation) treatment to the products of Afghanistan. Prohibits entering into a commercial agreement with Afghanistan pursuant to the Trade Act of 1974. Prohibits Afghanistan from participating in any program under which the United States extends credit, credit guarantees, or investment guarantees.
United States · United States Congress · 4 April 1985
Authorizes the Secretary of Defense to provide to the Soviet Union, on a reimbursable basis, equipment and services for the improvement of the United States/Soviet Union Direct Communication Link for crisis control.
United States · United States Congress · 3 April 1985
American Footwear Industry Recovery Act of 1985 - Limits the imports of nonrubber footwear into the United States to 450,000,000 pairs per 12-month period for eight years. Directs the Secretary of Commerce (the Secretary) to allocate the import limitations among foreign countries, taking into consideration: (1) average levels of imports for the period 1978 through 1982; (2) findings of unfair trade practices with respect to nonrubber footwear products; (3) recent market trends; and (4) such other considerations as the Secretary deems appropriate. Directs the Secretary and the Secretary of the Treasury to take all necessary actions to enforce this Act. Authorizes the Secretaries to issue such implementing regulations as necessary to effect the purposes of this Act and to enforce its provisions.
United States · United States Congress · 5 March 1985
Drug Money Seizure Act - Amends the Currency and Foreign Transactions Reporting Act to authorize the Secretary of the Treasury, in order to investigate the compliance of financial institutions with recordkeeping and reporting requirements with respect to monetary instruments transactions, to: (1) examine the books, papers, and records of such institutions; and (2) summon and take testimony from an institution officer or employee or other person possessing relevant reports or records. Increases the civil penalty for violations of such Act to: (1) the full amount of the transaction where the violation involves a transaction reporting requirement; or (2) $10,000 for any other violation. Creates a civil penalty of up to the amount of the transaction or account involved for any violation of a reporting or recordkeeping requirement for a transaction with a foreign financial agency.
United States · United States Congress · 27 February 1985
Bipartisan Commission on Congressional Campaign Financing Act - Establishes the Bipartisan Commission on Congressional Campaign Financing to consider and study laws, regulations, and public commentary relating to the financing of congressional elections. Requires such study to give particular attention to the extent to which current campaign financing practices undermine public confidence in the Government. Requires the Commission to consider the following changes in the present system of campaign financing: (1) increasing or decreasing allowable contributions; (2) increasing the income tax credit for campaign contributions; (3) initiating a plan of public financing; (4) making available free or subsidized broadcasting time; or (5) examining the role of independent expenditures. Directs the Commission to make reasonable efforts to achieve the broadest bipartisan consensus in arriving at its recommendations. Requires the Commission, not later than one year after enactment of this Act, to submit to the Congress its final report. Terminates the Commission 90 days after submission of such report. Requires the Director of the Congressional Research Service of the Library of Congress and the Chairman of the Federal Election Commission, not later than two months after enactment of this Act, to transmit briefing papers to the Bipartisan Commission which catalog and synthesize pertinent reports, analyses, and recommendations. Authorizes appropriations.
United States · United States Congress · 19 February 1985
Amends the Clayton Act to temporarily prohibit any person engaged in commerce or in any activity affecting commerce from acquiring control of a domestic petroleum corporation if the corporation disapproves the acquisition. Defines "control" as the acquisition of more than four percent of the stock, share capital, or assets of the corporation. Directs the Secretary of Energy, the Federal Trade Commission, the Securities and Exchange Commission, and the Federal Reserve Board to investigate and report to the Congress on the effects of such prohibited corporate takeovers on domestic petroleum supplies, competition in the marketing of petroleum products, petroleum industry financing methods, and credit markets, respectively.
United States · United States Congress · 7 February 1985
National Institute of Arthritis and Musculoskeletal and Skin Diseases Act of 1985 - Amends title IV (National Research Institutes) of the Public Health Service Act to establish a National Institute (Institute) of Arthritis and Musculoskeletal and Skin Diseases in the National Institutes of Health (NIH). Authorizes appropriations for FY 1986 for such establishment and related functions transfers. States that the Institute shall conduct research and related activities concerning arthritis and musculoskeletal and skin diseases, including sports-related disorders. Requires the Director of the Institute, with the advice of the National Arthritis and Musculoskeletal and Skin Diseases Advisory Council, to establish a plan to coordinate such activities within 180 days. Requires the periodic review and revision of such plan and the transmission of such revisions to the Congress and the Director of NIH. Establishes within the Institute a National Arthritis and Musculoskeletal and Skin Diseases Advisory Council. Establishes within the Institute a National Arthritis Advisory Board (Advisory Board). Defines the responsibilities of the Advisory Board. Authorizes appropriations through FY 1988. Terminates the existing National Arthritis Advisory Board. Establishes within the Institute: (1) an Arthritis and Musculoskeletal Diseases Interagency Coordinating Committee; and (2) a Skin Diseases Interagency Coordinating Committee. Requires annual reports to: (1) the Secretary of Health and Human Services; (2) the Director of NIH; (3) the Director of the Institute; and (4) the Advisory Council. Establishes within the Institute: (1) the National Arthritis and Musculoskeletal and Skin Diseases Data System; and (2) the National Arthritis and Musculoskeletal and Skin Diseases Information Clearinghouse. Authorizes appropriations through FY 1988. Authorizes appropriations through FY 1988 for arthritis and musculoskeletal demonstration projects. Authorizes appropriations through FY 1988 for new and existing multipurpose arthritis and musculoskeletal diseases centers. Requires the Institute to submit a biennial report to the President and the Congress. Transfers arthritis and musculoskeletal and skin diseases functions, funds, personnel, and assets to the Institute from the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases. Redesignates the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases as the National Institute of Diabetes and Digestive and Kidney Diseases.
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
Expresses the sense of the Senate that: (1) it would be in the best interests of allied security and unity for each member country of the security treaty (ANZUS) between Australia, New Zealand, and the United States to reinstate the practice of permitting all naval ships of other member countries access to the ports of such member country; and (2) the President should continue discussions with New Zealand regarding the access of U.S. ships to its ports, explore with Australia the desirability of a bilateral security treaty, preclude New Zealand from participating in military activities with the United States until the present impasse is resolved, and exercise the right of the United States to withdraw from New Zealand the benefits of the injury test provided under the Tariff Act of 1930.
United States · United States Congress · 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
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
Reform of Federal Intervention in State Proceedings Act of 1985 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners, and a two-year statute of limitations for similar motions made by Federal prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings.
United States · United States Congress · 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).
United States · United States Congress · 3 January 1985
Provides that each item of any general or special appropriation bill and any bill or joint resolution making supplemental, deficiency, or continuing appropriations that is agreed to in the same form by both Houses of the Congress shall be enrolled as a separate bill or joint resolution for presentation to the President (line-item veto).
United States · United States Congress · 3 January 1985
High Technology Research and Scientific Education Act of 1985 - Title I: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is available. Provides that all in-house and contract research expenses paid or incurred by a regular corporation shall constitute qualified R&D expenses for credit purposes if the corporation undertakes the research with the intention to use the results thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in the partnership form, the trade or business test is applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Title II: Promotion of University Research and Scientific Education - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other nonprofit, tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the fixed "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses, and university basic research payments for the base period composed of the period from 1981 through 1983. Modifies the charitable contribution deduction of corporations for scientific and technical property to: (1) expand the eligible uses to which the property may be put to include direct education as well as research and research training; (2) make computer software eligible for the deduction; and (3) make state-of-the-art equipment used in the taxpayer's trade or business eligible for the deduction. Sets forth a formula for determining the amount of the allowable deduction for scientific equipment. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of students who are enrolled in postgraduate study as degree candidates. Provides that such tax exclusion will not be forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 3 January 1985
Compassionate Pain Relief Act - Directs the Secretary of Health and Human Services to establish a 60-month program under which parenteral diacetylmorphine shall be made available through hospital and other prescribed pharmacies for the relief of pain from terminal cancer (as defined by this Act). Directs the Secretary to provide for the manufacture of such drug. Permits physicians registered under the Controlled Substances Act to prescribe such drug. States that for purposes of such program the Federal Food, Drug, and Cosmetic Act and titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970 shall not apply with respect to: (1) the importing of opium; and (2) the manufacture, distribution, and dispensing of parenteral diacetylmorphine. Requires: (1) the Secretary to make program reports to specified congressional committees; and (2) the Comptroller General of the United States to make a program report to such committees upon expiration of 56 months after the date the program is established. Requires the Secretary to report to specified congressional committees concerning: (1) the extent of research activities in the management of pain which have received funds through the National Institutes of Health; (2) the ways in which the Federal Government supports the training of health personnel in pain management; and (3) recommendations for expanding and improving the training of health personnel in pain management. Permits the Secretary at any time six months after implementation of the program to modify or terminate the program.
United States · United States Congress · 3 January 1985
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits the Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Requires the President and the Congress to ensure that actual outlays do not exceed the outlays set forth in such statement. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless the Congress passes a bill directed solely to approving specific additional receipts by a three-fifths vote and such bill has become has become law. Requires the President, prior to each fiscal year, to transmit to the Congress a proposed statement of receipts and outlays for that year consistent with the provisions of this article. Permits the Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.
United States · United States Congress · 4 October 1984
Expresses the Senate's appreciation to members of the entertainment industry, especially the Entertainment Industries Council, for their work in discouraging and communicating the danger of drug use.
United States · United States Congress · 3 October 1984
Expresses the Senate's appreciation to members of the entertainment industry, especially the Entertainment Industries Council, for their work in discouraging and communicating the danger of drug use.
United States · United States Congress · 6 September 1984
Labor Trusteeships and Fiduciary Amendments Act of 1984 - Title I: Trusteeship Investigations - Amends the Labor-Management Reporting and Disclosure Act of 1959 to direct the Secretary of Labor to bring a civil action in Federal district court if after investigation the Secretary finds probable cause to believe a labor organization has violated such Act. (Removes the requirement that such an investigation be in response to a member's written complaint.) Conditions the validity of a labor organization trusteeship upon the holding of a fair hearing regarding the establishment of such trusteeship. Requires certification by a body duly authorized by the labor organization that such hearing was fair and in conformity with the organization's constitution and by-laws. (Removes the current initial 18-month presumption of validity for such a trusteeship.) Title II: Removal Procedures - Permits the Secretary to find that a labor organization's removal procedures have not been followed, thus allowing an officer's removal for serious misconduct by vote of the organization membership. (Currently, the Secretary is restricted in such a situation to finding no more than whether the organization has adequate removal procedures in its constitution and by-laws.) Title III: Provisions Relating to the Fiduciary Responsibility of Officers of Labor Organizations - Authorizes a labor organization member to sue an organization fiduciary in Federal district court for: (1) the restoration of profits made through the misuse of organization assets; and (2) removal of such fiduciary. Exempts fiduciaries from any liability for breaches committed outside the period of service as a fiduciary. Authorizes the Secretary to bring a civil action to enforce the fiduciary provisions of such Act. (Currently, only a labor organization or its governing board may bring such a suit.)
United States · United States Congress · 8 August 1984
Enterprise Zone Act of 1984 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Provides that State and local governments shall nominate areas for such designation. Limits the total number of designated areas to 75 (25 per year over a three-year period). Requires that at least one-third of such area be in rural areas. Limits the period during which such designations shall remain in effect. Provides that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (within a population of at least 50,000) or 1,000 otherwise, or it is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on December 31, 1988, or three years after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate enterprise zones. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Exempts enterprise zones from certain requirements relating to Federal environmental policy. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $9,000 in wages per year). Phases out such credit in the last three years of the enterprise zone designation. Requires every employer to furnish to each qualified enterprise zone employee a written statement showing the amount of qualified wages paid. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Phases out such credit in the last three years of the enterprise zone designation. Subtitle C: Reduction in Capital Gains Tax - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle E: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act), governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable, foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 29 June 1984
Amends the Trade Act of 1974 to require the International Trade Commission (ITC), when determining whether increased imports have resulted in a serious injury to a competing domestic industry, to take into account any significant increase in the share of total imports attributable to domestic producers in the industry. Requires the ITC, when determining whether increased imports constitute a threat of serious injury to a competing domestic industry, to take into account an upward trend in imports attributable to domestic producers. Requires the ITC, when determining whether imports are a substantial cause of serious injury to a competing domestic industry, to take into account an increase in imports and a decline in the proportion of the domestic market supplied by domestic producers regardless of whether the imports are attributable to domestic producers in the industry. Requires the ITC, in determining the domestic industry producing an article like or directly competitive with an imported article, to treat as part of the domestic industry only the domestic production of a domestic producer which also imports. Defines the term "significant idling of productive facilities" to mean a decline in domestic production, the closing of plants, or the underutilization of production capacity. Prohibits the ITC, from taking into account in determining whether increased imports are a substantial cause of or a threat of serious injury to a competing domestic industry: (1) the probable effectiveness of import relief and consideration of the position of the industry in the U.S. economy; (2) the effect of import relief on consumers and on competition in the domestic markets for such articles; (3) the effect of import relief on U.S. international economic interests; or (4) the effect on U.S. industries and firms of tariff changes or other import restrictions which may result from international obligations with respect to compensation. Declares that an ITC finding that a significant number of domestic firms operate at a reasonable level of profit or that the profits of the domestic industry are not in a downward trend shall not preclude an ITC determination that increased imports are a substantial cause of or threat of serious injury to such domestic industry. Requires that the importation of any articles by domestic producers in an industry shall be a factor supporting the existence of or the threat of serious injury to such industry.
United States · United States Congress · 26 June 1984
Prohibits the United States Postal Service from: (1) purchasing, erecting, or installing any mail receptacle, mailbox, neighborhood delivery and collection box, or parcel locker for the purpose of providing such receptacle, box, or locker to any person; or (2) replacing any receptacle, box, or locker purchased, erected, or installed before the enactment of this Act. Permits the Postal Service to maintain existing receptacles, boxes, and lockers.
United States · United States Congress · 14 June 1984
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 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 granted.
United States · United States Congress · 6 June 1984
American Footwear Act of 1984 - Limits the imports of nonrubber footwear to 400,000,000 pairs per year. Directs the Secretary of Commerce (the Secretary) to allocate the import limitations among foreign countries, taking into consideration: (1) average levels of imports for the period 1978 through 1982; (2) findings of unfair trade practices with respect to nonrubber footwear products; and (3) recent market trends. Requires the Secretary to publish annually in the Federal Register the permissible level of imports by country, groups of countries, or area. Directs the Secretary and the Secretary of the Treasury to take all necessary actions to enforce this Act. Authorizes the Secretaries to issue such implementing regulations as necessary to effect the purposes of this Act and to enforce its provisions.
United States · United States Congress · 24 May 1984
Authorizes the Kahlil Gibran Centennial Foundation of Washington, District of Columbia, to erect a memorial on public ground in the District of Columbia in commemoration of the Lebanese-American poet and artist, Kahil Gibran. Provides that the memorial shall be in the form of a sculptured monument and shall be designated the Kahlil Gibran Memorial. Directs the Secretary of the Interior, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, to select a site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Prohibits the United States or the District of Columbia from expending any money for the establishment of the memorial. Provides that the authority of this resolution shall lapse unless: (1) construction is commenced within five years from the enactment of this resolution; and (2) prior to the commencement of construction, the Secretary determines that sufficient funds are available for the completion of the memorial. Makes the maintenance and care of the monument the responsibility of the Secretary of the Interior.
United States · United States Congress · 16 May 1984
Public Participation in Procurement Policymaking Act of 1984 - Amends the Office of Federal Procurement Policy Act to require the head of each Federal agency proposing to issue a procurement policy, regulation, procedure, or form: (1) to solicit and consider the views of all interested parties on such proposal; and (2) if such proposal would have any effect beyond the agency's internal operating procedures or on the costs or contract administration activities of contractors, to publish in the Federal Register a notice describing the proposal and to provide a public comment period of at least 30, and preferably 60, days. Authorizes an agency head to waive such notice requirement and institute a proposal temporarily when compliance with such requirement would be impracticable, if the agency head publishes notice of the temporary policy, procedure, regulation, or form in the Federal Register and provides a 60-day public comment period. Allows the agency head to issue the final policy, procedure, regulation, or form after considering the comments received.
United States · United States Congress · 16 May 1984
Expresses the sense of the Congress that the International Olympic Committee should establish a permanent Olympic facility on a site that insulates the games from international politics.
United States · United States Congress · 10 May 1984
Environmental Crimes and Penalties Amendments of 1984 - Increases penalties (civil fines, criminal fines, and criminal sentences) for specified violations of the following Acts: (1) the Toxic Substances Control Act; (2) the Clean Air Act; (3) the Solid Waste Disposal Act (hazardous waste management provisions); and (4) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund).
United States · United States Congress · 26 April 1984
Older Americans Act Amendments of 1984 - Amends the Older Americans Act of 1965 to declare as an objective of the Act that community services provided under the Act should place emphasis on maintaining a continuum of care for the vulnerable elderly. Directs the Commissioner on Aging to develop linkages with utilization and quality control peer review organizations under the Social Security Act in order to insure the development of community alternatives. Increases the number of programs related to the purposes of the Act, for purposes of Federal agency cooperation. Revises provisions relating to the appointment of members to the Federal Council on Aging. Authorizes appropriations for the Council for FY 1985, 1986, and 1987. Provides for the annual authorization of appropriations to conduct program and project evaluations in an amount not exceeding one-tenth of one percent of annual funding or $300,000, whichever is lower. Defines the term: (1) "multipurpose senior center" to mean a community facility for the organization and provision of a broad spectrum of services, which shall include, but not be limited to, provision of health, social, nutritional and educational services and the provision of facilities for recreational activities for older individuals; and (2) "focal point" to mean a facility established to encourage the maximum collocation and coordination of services for older individuals. Authorizes appropriations for FY 1985, 1986, and 1987 for grants for: (1) supportive services and senior centers; (2) congregate nutrition services; and (3) home delivered nutrition services. Permits a State to use up to one percent of its allotment for conducting effective demonstration projects in health and nutrition education. Requires a State agency designating an area agency on aging to give the right of first refusal to a unit of general purpose local government when the boundaries of such a unit and the boundaries of the area are reasonably contiguous. Requires area plans: (1) to provide supportive services for families of elderly victims of Alzheimers' disease and other neurological diseases and organic brain disorders; (2) to provide services for the prevention of elder abuse; and (3) in providing services, to give preference to older individuals, especially minorities, with the greatest economic or social needs. Requires an area agency before requesting a waiver of any requirements for furnishing services to conduct a public hearing. Repeals the authority of grant recipients to charge for meals. Permits grant recipients to request voluntary contributions for meals. Requires a State plan to provide that with respect to services for the prevention of elder abuse: (1) the State will identify the public and private nonprofit entities involved in the prevention, identification, and treatment of elder abuse, neglect, and exploitation; (2) the State will, based on such identification, determine the extent to which the need for services for the prevention of elder abuse are unmet; (3) the State will establish, in areas where the need for services is unmet, a program for public education to identify and prevent elder abuse, receive reports of elder abuse, and refer complaints to law enforcement agencies; (4) the State will not permit involuntary or coerced participation in the program of services by alleged victims, abusers, or their households; and (5) all information gathered shall remain confidential unless all parties to the complaint agree to the release of the information, except that the information may be released to a law enforcement agency. Requires a State plan to provide assurances that each State will: (1) provide inservice training opportunities for personnel of agencies and programs funded under the Act; and (2) assign personnel to provide State leadership in developing legal assistance programs for the elderly throughout the State. Requires each State to establish at least one demonstration project for health and nutrition education to be conducted by one or more area agencies on aging. Limits State expenditures for plan administration to an amount not exceeding five percent of its allotment or $500,000, whichever is greater, except that in the case of Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands, the amount shall be five percent or $200,000, whichever is greater. Authorizes appropriations for FY 1985, 1986, and 1987 for the surplus commodities program under the Act. Prohibits State agencies and area agencies on aging from requesting information or data of providers which is not pertinent to a payment made under the Act. Directs the Commissioner to make grants to States with approved State plans for: (1) supportive services for the prevention of elder abuse; and (2) inservice training and State leadership for legal assistance activities. Revises provisions relating to training, research, and discretionary projects and programs. Authorizes appropriations for such projects and programs for FY 1985, 1986, and 1987. States that the purpose of such projects and programs is to expand the knowledge and understanding of aging and the aging process, to design and test innovative ideas in programs and services for older individuals, and to help meet the needs for trained personnel in the field of aging. Directs the Commissioner to administer such projects and programs through the Administration on Aging. Provides for the special consideration of Alzheimers' disease with respect to such projects and programs. Provides for the dissemination of information with respect to project results. Directs the Commissioner, upon request, to provide assistance to State agencies on aging, to work in conjunction with State protective service agencies so as not to duplicate activities already undertaken by such protective service agencies, for the provision of technical assistance and development of training materials for personnel in State and area agencies who are engaged or intend to engage in the prevention, identification, and treatment of elder abuse. Limits to 12 percent of Federal funding the amount which shall be available for the costs of administration of a State's older American community service employment program. Authorizes the Secretary of Health and Human Services to coordinate such employment program with programs of the Job Training Partnership Act, the Community Services Block Grant Act, and the Vocational Education Act of 1984, if the Secretary determines that to do so would increase job opportunities available under the Older Americans Act of 1965. Requires each State receiving funds under the older American community service employment program to report to the Secretary annually concerning the equitable distribution of funds within the State. Authorizes appropriations for such employment program for FY 1985, 1986, and 1987. Authorizes appropriations for FY 1985, 1986, and 1987 for grants to Indian tribes under the Act. Amends the Age Discrimination in Employment Act of 1967 to add to the definition of the term "employee." States that such term includes any individual who is a U.S. citizen employed by an employer in a workplace in a foreign country. Provides that the provisions of such Act shall not prohibit the compulsory retirement of any employee between 65 and 70 years of age who, between the two year period immediately before retirement, is employed in a bona fide executive position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit of at least $44,000. (Current law provides that the benefit must be at least $27,000.)
United States · United States Congress · 12 April 1984
Civil Rights Act of 1984 - Amends the Education Amendments of 1972, the Rehabilitation Act of 1973, the Age Discrimination Act of 1975 and the Civil Rights Act to prohibit discrimination by any recipient of Federal financial assistance. (Currently, discrimination is prohibited only in a program or activity receiving Federal assistance.) Defines the term "recipient" to extend comprehensive coverage for purposes of the four Acts to any State or local governmental unit, any public or private agency or entity, and any subunit successor, assignee, or transferee of any such unit, agency, or entity.
United States · United States Congress · 12 April 1984
Authorizes the Secretary of Agriculture to purchase certain lands contiguous to the White Mountain National Forest, New Hampshire. Adds such purchased lands to the White Mountain National Forest. Authorizes appropriations.
United States · United States Congress · 30 March 1984
Fairness in Political Advertising Act - Amends the Federal Election Campaign Act of 1971 to limit paid televised political advertising to the voice and image of the candidate (or the candidate's alternative speaker) speaking into the camera for the duration of the advertisement. Requires identification of persons who paid for the broadcast of such advertisement. Requires the backdrop of any televised political advertisement to: (1) be filmed or televised simultaneously with the speaker; and (2) be an actual event at the time of filming or televising. Prohibits staged reproductions of any event. Authorizes citizens to: (1) file complaints with the Federal Election Commission for violations of this Act; and (2) institute civil actions in Federal district court for injunctions or restraining orders if the Commission does not act upon such citizens' complaints within a certain time.
United States · United States Congress · 29 March 1984
Small Business Competition Enhancement Act of 1984 - Amends the Small Business Act to set forth specified evaluation considerations which must be weighed by Federal agencies with respect to solicitations for competitive and noncompetitive awards of development or production contracts for a major system. Provides a waiver for certain evaluation considerations if the contracting officer determines in writing that such requirement would not be applicable to the production contract or would not be in the best interests of the Government. Requires an agency before it can establish any prequalification requirement with respect to the awarding of a contract to: (1) prepare a written justification stating the reasons for the restriction and why free and open competition is not feasible; (2) specify in writing and make available upon request all standards which a contractor, or its product, must meet in order to become qualified; (3) provide an opportunity for a contractor to demonstrate its ability to meet such standards; and (4) inform such contractor as to whether qualification has been attained. Sets forth procedures an agency must follow in the event that the number of available qualified sources or products is less than five. Sets forth additional information which is to be included in all notices of proposed competitive and noncompetitive civilian and defense procurement actions of $10,000 and above. Requires an agency to: (1) publicly post solicitations which would have been synopsized in the Commerce Business Daily if it had equalled or exceeded the applicable dollar threshold for such publication; and (2) make available to small businesses the solicitation package for solicitations posted in abstract form and permit the copying of such solicitation. Declares it to be the policy of the United States that small businesses and small businesses owned and controlled by socially and economically disadvantaged individuals shall have to the maximum extent possible the opportunity to participate in the performance of contracts and subcontracts which are in excess of $10,000 and are not for personal services for subsystems, assemblies, components, and related services for major systems. Requires an agency with responsibility for a major system to include provisions relating to specified technical data in all production contracts in order to foster competitive procurement of spare parts requirements to maintain such systems. Provides a waiver for such provisions if the contracting officer determines in writing that any such provision would not be applicable to the production contract or would not be in the best interests of the Government. Requires an agency: (1) within one year after the enactment of this Act, to develop a plan for the management of such technical data received under contracts for the development, production, modification, or maintenance of major systems within its jurisdiction; and (2) within five years after the enactment of this Act, to complete implementation of such management plan and include the technical data for each major system within its jurisdiction. Specifies other matters the management plan shall address. Requires the Comptroller General, not later than 18 months after the enactment of this Act, to transmit to the Congress a report evaluating the plans of specified Federal agencies for the management of technical data for major systems within their jurisdiction. Requires a contracting officer, under specified circumstances, to initiate a review of the validity of restrictions on the Government's rights in technical data furnished under contract. Sets forth procedures for the certification of such restrictions. Requires the Small Business Administration to assign to each major procurement center a breakout procurement center representative who shall: (1) participate in evaluating the maintenance of a major system during its service life and determine whether requirements are to be procured through other than free and open competition; (2) review procurement method codes that restrict competition among small businesses and to request reevaluation of such restrictions by agency personnel; (3) review restrictions on competition that arise out of restrictions on the Government's rights in technical data and, when appropriate, recommend that the contracting officer initiate a review of the validity of such restriction; (4) obtain technical data for the preparation of a competitive solicitation package; and (5) have access to the unclassified procurement records and other data of the procurement center. Directs each agency to assign technical advisors to assist each breakout procurement center representative.
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