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Bill· HRH.R. 697 (99th)referred
United States · United States Congress · 24 January 1985
Amends the Immigration and Nationality Act to authorize the entry, as immediate relatives, of spouses, children, and parents of certain persons who died a service-connected death while on active duty in the U.S. armed forces.
Bill· HRH.R. 650 (99th)referred
United States · United States Congress · 24 January 1985
American Defense Education Act - Authorizes a national program to provide incentives to local educational agencies (LEAs) to improve: (1) instruction in mathematics, science, communication skills, foreign languages, and technology; and (2) guidance and counseling. Title I: Elementary and Secondary Education Programs - Requires LEAs which desire to participate in such national program to develop and carry out a program of improvement of instruction and student achievement. Sets forth requirements for such programs. Entitles participating LEAs to receive basic payments for each fiscal year equal to: (1) two and one-quarter percent of an established payment rate multiplied by the number of children, aged five through 17, in the school district of the LEA who are eligible to be counted under LEA basic grant provisions of the Elementary and Secondary Education Act of 1965; and (2) two percent of the established payment rate multiplied by the number of such children who are not eligible to be so counted. Entitles LEAs which show substantial evidence of meeting program goals to an incentive payment equal to an additional two percent of the established payment rate multiplied by the average daily attendance. Sets forth a formula for determining such payment rate on the basis of average per pupil expenditure in the State, with a minimum payment rate no less than the average per pupil expenditure in the United States. Authorizes appropriations for FY 1986 through 1988 for such basic payments to LEAs. Sets forth requirements for applications for payments. Directs the Secretary of Education (the Secretary) to approve applications which meet such requirements, including compliance with fiscal control and fund accounting procedures. Sets forth provisions for participation in such program by children enrolled in private schools. Title II: Teacher Training and Postsecondary Programs - Authorizes the Secretary to establish a program of grants to institutions of higher education for coordination between such institutions and LEAs in improving science and mathematics education, through precollege teacher training, development, and recruitment programs. Sets forth requirements for grant proposals and priorities in grant selection. Authorizes appropriations for FY 1986 through 1988 for such grants. Provides that no funds are authorized to be appropriated for such purpose for any fiscal year for which funds are appropriated to carry out the Emergency Mathematics and Science Education and Jobs Act (including any amendment made by such Act). Title III: General Provisions - Directs the Secretary to administer the program and to pay each LEA with an approved application the amount to which it is entitled for each fiscal year. Provides for a joint survey and report to Congress by the Secretaries of Defense and Education, for each year from 1986 through 1988, on the academic achievement levels of U.S. 18-year-olds and the personnel training and educational needs of the armed forces. Sets limitations on the authorization of appropriations. Provides that no funds are authorized to be appropriated to carry out this Act for any fiscal year if the amount appropriated to carry out any of the following chapters or Acts for such fiscal year does not equal or exceed the amount appropriated to carry out such chapter or Act for the preceding fiscal year: (1) chapter 1 of the Education Consolidation and Improvement Act of 1981 (ECIA); (2) chapter 2 of ECIA; (3) the Education of the Handicapped Act; (4) the Carl D. Perkins Vocational Education Act of 1963; (5) the Bilingual Education Act; or (6) the Emergency Immigrant Education Act of 1984.
Bill· HRH.R. 674 (99th)referred
United States · United States Congress · 24 January 1985
Reduces the cost-sharing required for emergency inpatient medical and dental care for members, certain former members, and dependents under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS).
Bill· HRH.R. 672 (99th)referred
United States · United States Congress · 24 January 1985
Authorizes the recomputation at age 60 of the retired or retainer pay for members or former members of the uniformed services whose retired or retainer pay was computed on the basis of pay scales in effect before January 1, 1972, in order to reflect any retired or retainer pay increases for other members which were based on changes in the Consumer Price Index since that date.
Bill· HRH.R. 673 (99th)referred
United States · United States Congress · 24 January 1985
Uniformed Services Dental Officers Special Pay Act of 1985 - Revises both the amount of special pay to which a dental officer is entitled and the amount of time a dental officer must have served on active duty in a specified category to be entitled to special pay. Sets forth special pay provisions for dental officers undergoing residency training. Requires specified officers receiving additional special pay to agree to remain on active duty for at least one more year. Requires an officer breaking such agreement to refund a prorated amount. Permits the Secretary of the relevant military department to terminate such additional pay at will.
Bill· HRH.R. 648 (99th)referred
United States · United States Congress · 24 January 1985
Entitles specified members of the armed forces reserves who did not perform active duty before August 16, 1945, to retirement pay.
Bill· HJRESH.J.Res. 92 (99th)referred
United States · United States Congress · 24 January 1985
States that during 1984, U.S. armed forces in Central America were introduced into "hostilities" for purposes of the War Powers Resolution. Directs the President to remove such forces from Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua within 60 days after the enactment of this resolution unless the Congress declares war, extends the period for 30 days, or enacts specific authorization for such use.
Bill· HRH.R. 585 (99th)open
United States · United States Congress · 22 January 1985
Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies for Veterans Administration (VA) adjudication purposes the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Requires the chairman of the Board of Veterans' Appeals to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees in successful veterans' claims brought before a court as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
Bill· HRH.R. 607 (99th)open
United States · United States Congress · 22 January 1985
Extends until September 30, 1988, the authority of the President or an Inspector General or other designated official of a Federal agency to pay cash awards to employees whose disclosures of fraud, waste, or mismanagement result in cost savings to the Government. Requires the Comptroller General to report to Congress before March 16, 1988, on the effectiveness of such awards program, and on the continuation and, if appropriate, modification of the program. Repeals provisions for the periodic review of agency cash awards by the Comptroller General. Authorizes the Secretary of Defense, or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, to make cash awards to members of the armed forces for disclosures contributing to the efficiency, economy, or other improvement of operations or programs of the armed forces.
Bill· HRH.R. 590 (99th)referred
United States · United States Congress · 22 January 1985
United States Armed Forces Supplemental Benefits Act of 1985 - Requires that the immediate family of a member of the armed forces wounded in the line of duty in a foreign country be provided per diem and transportation expenses to, and guest housing near, the treatment facility. Directs that survivors of a service member killed in the line of duty in any foreign country be paid a tax free gratuity of $50,000.
Bill· HRH.R. 597 (99th)referred
United States · United States Congress · 22 January 1985
Eliminates the social security offset against annuities provided under the Survivor Benefit Plan to surviving spouses of retired members of the armed forces.
Resolution· SRESS.Res. 40 (99th)referred
United States · United States Congress · 21 January 1985
Expresses the sense of the Senate that the United States shall not terminate or withdraw from any defense or security treaty unless: (1) the Senate has given its advice and consent, or both Houses have agreed to such termination or withdrawal; or (2) such treaty or the resolution of ratification of such treaty provides that the President alone can terminate it. Expresses the sense of the Senate that the President should report to the President pro tempore of the Senate whenever the President notifies any foreign entity that the United States intends to terminate or withdraw from any defense or security treaty or whenever the President determines that such treaty has lapsed or is suspended.
Law· HRH.R. 505 (99th)enacted
United States · United States Congress · 7 January 1985
Older Veterans' Health Care Amendments of 1985 - Amends Federal law concerning veterans' medical care to define "respite care" for purposes of included coverage. Eliminates the requirement of the presence of a service-connected disability for purposes of eligibility for domiciliary care. Increases eligibility for outpatient and ambulatory services to include those veterans who have received nursing home care or domiciliary care. Makes similar changes to increase eligibility for transfers for nursing home care. Authorizes the Administrator of Veterans Affairs to provide direct admission to a veteran for treatment at an institution not under the jurisdiction of the Administrator if: (1) the veteran has been discharged from a Veterans Administration (VA) hospital; and (2) the veteran is currently receiving home health services under a VA hospital-based home care program. Increase the number of VA centers of geriatric research, education, and clinical centers from 15 to 25.
Bill· HRH.R. 509 (99th)referred
United States · United States Congress · 7 January 1985
Directs the Secretary of Transportation to apportion for expenditure on the National System of Interstate and Defense Highways: (1) one-half of the sums authorized to be appropriated in accordance with the interstate cost estimate for FY 1985; and (2) the sums authorized to be appropriated in accordance with the interstate cost estimate for FY 1986. Directs the Secretary to apportion: (1) one-half of the sums to be apportioned for FY 1984 for expenditure on substitute highway and transit projects; and (2) the sums to be apportioned for FY 1985 for expenditure on substitute highway and transit projects. Specifies apportionment factors.
Bill· HRH.R. 519 (99th)referred
United States · United States Congress · 7 January 1985
War Powers Act of 1985 - Amends the War Powers Resolution to rename the resolution the War Powers Act. Authorizes U.S. armed forces, in the absence of a congressional declaration of war, to be introduced into hostilities or into a situation where the imminent introduction of such forces into hostilities is clearly indicated by the circumstances only: (1) to repel an attack upon the United States, to take retaliatory actions in the event of such an attack, and to forestall the direct and imminent threat of such an attack; (2) to repel an attack against U.S. armed forces located outside the United States and to forestall the direct and imminent threat of such an attack; (3) to protect U.S. citizens while evacuating them from a country where they are being subject to a direct and imminent threat to their lives either sponsored by the country's government or beyond the power of such government to control, provided the President shall make every effort to terminate the threat without using U.S. armed forces and provided that the President shall where possible obtain the consent of the government before using U.S. armed forces; or (4) pursuant to specific statutory authorization. Requires the President to report to the Speaker of the House of Representatives and the President of the Senate whenever U.S. armed forces are introduced into hostilities or into one of the other situations listed above. Requires the President to report to the Congress at least once every six months for as long as U.S. armed forces are engaged in hostilities outside the United States. Limits the length of time that U.S. armed forces may be used in hostilities or in such situations to 30 days unless the Congress enacts a law providing otherwise. Permits the Congress by law or joint resolution to terminate U.S. involvement before the expiration of the 30 days. Provides for expedited consideration of proposals to continue or terminate the use of U.S. armed forces in such situations. States that statutory authorization either for introducing U.S. armed forces into or for sustaining their use in hostilities or situations where imminent introduction of such forces into hostilities is clearly indicated by the circumstances shall not be inferred from: (1) any provision of law unless such provision specifically authorizes such introduction or use of the armed forces and states that it is intended to constitute specific statutory authorization within the meaning of this Act; or (2) any treaty unless the treaty is implemented by a law specifically authorizing such introduction or use of such armed forces and stating that it is intended to constitute specific statutory authorization within the meaning of this Act. Permits U.S. armed forces to participate jointly with members of military forces of other countries in high-level military commands that were established before enactment of this Act and pursuant to a treaty which was ratified before such enactment.
Resolution· HRESH.Res. 28 (99th)referred
United States · United States Congress · 7 January 1985
Expresses the sense of the House of Representatives that the National Defense Service Medal should be reissued to honor eligible members of the armed forces serving on active duty during the Korean War and the Vietnamese Conflict.
Bill· SS. 177 (99th)open
United States · United States Congress · 3 January 1985
American Defense Education Act - Authorizes a national program to provide incentives to local educational agencies to improve: (1) instruction in mathematics, science, and communication skills, foreign languages, and technology; and (2) guidance and counseling. Title I: Elementary and Secondary Education Programs - Requires local education agencies which desire to participate in such national program to develop and carry out a program of improvement of instruction and student achievement. Sets forth requirements for such programs. Entitles participating local educational agencies to receive basic payments for each fiscal year equal to two percent of an established payment rate multiplied by the average daily attendance. Entitles agencies which show substantial evidence of meeting program goals to an incentive payment equal to an additional two percent of the established payment rate multiplied by the average daily attendance. Sets forth formulas for establishing such payment rate. Sets forth requirements for applications for payments. Directs the Secretary of Education to approve applications which meet such requirements. Title II: Teacher Training and Postsecondary Programs - Authorizes the Secretary to establish a program of grants to institutions of higher education for coordination between such institutions and local educational agencies in improving science and mathematics education, through precollege teacher training, development, and recruitment programs. Sets forth requirements for grant proposals and priorities in grant selection. Authorizes appropriations for FY 1987 through 1989 for such grants. Title III: Research to Improve Instruction - Directs the Secretary to administer, through the National Institute of Education (NIE) in consultation with appropriate Federal agencies, a program to support research and development into effective education in mathematics, the sciences, foreign languages, and technology. Authorizes appropriations in the Department of Education to be made available to NIE to carry out such educational research program for FY 1987 through 1989. Title IV: General Provisions - Directs the Secretary to administer the program and to pay each local educational agency with an approved application the amount to which it is entitled for each fiscal year under title I provisions. Provides for a joint survey and report to Congress by the Secretaries of Defense and Education, for each year from 1987 through 1990, on the academic achievement levels of U.S. 18-year-olds and the personnel training and educational needs of the armed forces.
Bill· SS. 183 (99th)referred
United States · United States Congress · 3 January 1985
Directs the Secretary of the Army to issue a certificate of service to any person whom the Secretary determines to have served with or for the U.S. Army in the Philippine Islands during World War II. Entitles such person to the same rights and benefits as other persons performing the same type of service in the Islands during such war.
Bill· SS. 190 (99th)referred
United States · United States Congress · 3 January 1985
Provides for free travel on military aircraft for any former member of the armed forces who has a service-connected disability rated total by the Veterans Administration.
Bill· SS. 180 (99th)referred
United States · United States Congress · 3 January 1985
Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to eliminate specified restrictions on the provision of medical and dental care to military dependents. Authorizes the giving of durable equipment (rather than the loan of such equipment as provided under current law) and permits contracts for the services of Christian Science practitioners and nurses.
Bill· SS. 151 (99th)referred
United States · United States Congress · 3 January 1985
Sets forth the qualifications for a clinical psychologist furnishing care in any of the armed forces.
Bill· SS. 132 (99th)referred
United States · United States Congress · 3 January 1985
Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to include otherwise eligible persons who are also entitled to Medicare benefits. Provides for payment under the CHAMPUS program of health care expenses to the extent that such expenses are not payable under Medicare or any other insurance or health plan. Requires a person claiming a benefit under this Act to certify the costs of all charges.
Bill· SS. 149 (99th)referred
United States · United States Congress · 3 January 1985
Prohibits the expenditure of funds for the production of lethal binary chemical munitions after the enactment of this Act. Defines lethal binary chemical munitions. Expresses the sense of the Congress that the President should begin negotiations with the Soviet Union for a mutual, verifiable ban on chemical weapons.
Bill· SS. 9 (99th)open
United States · United States Congress · 3 January 1985
Veterans' Administration Housing Program Amendments of 1985 - Authorizes the Administrator of Veterans Affairs to provide home loan guarantees in cases in which the parties agree to abide by a qualified adjustable rate mortgage (a mortgage in which the interest rate is adjusted periodically by the lender). Specifies means of accomplishing such adjustments. States that such adjustments shall: (1) correspond to a national interest rate index; (2) be made not more often than annually; and (3) be limited to a maximum amount of increase. Provides for notification to the veteran applicant of the features of such adjustable rate mortgage. Increases the maximum amount of VA home loan guarantees.
Bill· SS. 6 (99th)reported
United States · United States Congress · 3 January 1985
Veterans' Administration Health-Care Amendments of 1985 - Redefines "Vietnam era" for purposes of the determination of Vietnam veterans by the Veterans Administration (VA). Prohibits the Administrator of Veterans Affairs from implementing a grade reduction for VA employees unless he or she first submits to specified congressional committees a report of justification for such reduction. Requires such report to be submitted at least 90 days prior to the implementation of any such reduction. Requires a follow-up report by the Comptroller General of the United States to the same congressional committees. Extends health-care eligibility based on exposure to toxic substances in Vietnam or to nuclear radiation until September 30, 1989. Extends by three years the alcohol and drug abuse treatment program for Vietnam-era veterans. Requires three annual reports by the Administrator to such congressional committees on the operation of such program. Directs the Administrator to conduct a pilot program to evaluate the accessibility of needed health and medical care for eligible veterans in noninstitutional settings. Requires the Administrator, in selecting veterans for participation in the program, to give priority to those with service-connected disabilities. Directs the Administrator, in implementing such program, to: (1) utilize services of appropriate public and private agencies that provide health-related services; and (2) appoint a VA employee to serve as case manager for each veteran participant in order to coordinate the provision of services to such veteran. Requires a report to the Congress by the Administrator concerning such program within 39 months of its implementation. Authorizes appropriations for FY 1986 through 1990. Delays authorization for one year if funds are not available. Directs the Secretaries of Defense and of Health and Human Services and the Administrator, within 180 days after the enactment of this Act, to report jointly to the Congress on the Government's responsibility to provide benefits and services for individuals who incurred disabilities related to their service with voluntary organizations in Vietnam during the Vietnam era.
Bill· SS. 82 (99th)open
United States · United States Congress · 3 January 1985
Directs the Administrator of Veterans Affairs to furnish outpatient dental services to veterans with a service-connected disability rating of 50 percent or more.
Bill· SS. 26 (99th)open
United States · United States Congress · 3 January 1985
Permits the Administrator of the Veterans Administration to pay incentive special pay to any Veterans Administration health care provider who agrees to complete a specified period of service in the Department of Medicine and Surgery and who obtains a masters degree in public health or another advanced academic degree relating to public health. Specifies maximum amounts of incentive special pay to be paid by the Administrator in such circumstances. Sets the level of the required period of service at a minimum of one and a maximum of four years. Provides for forfeiture of any special pay received if the required period of service is not met. Provides that such incentive special pay shall not be considered basic pay for purposes of determining compensation for work injuries, but shall be considered basic pay for purposes of determining retirement benefits. Provides that incentive special pay paid to any full-time employee shall be included in average pay for purposes of computing an annuity under specified conditions. Provides that incentive special pay shall be considered annual pay for purposes of Federal provisions relating to life insurance for Federal employees.
Bill· SS. 85 (99th)open
United States · United States Congress · 3 January 1985
Dependency and Indemnity Compensation Reform Act of 1985 - Revises the formula for the payment of dependency and indemnity compensation (DIC) to the surviving spouses of veterans who die on active duty. Adds a formula for postservice DIC based on the percentage of service-connected disability (at time of death) of the person upon whose death entitlement is predicated. Adds a formula of inservice DIC based upon the amount of active duty by the person now deceased. Provides for the election of the revised DIC type for those persons awarded DIC effective before December 1, 1985.
Bill· SS. 28 (99th)open
United States · United States Congress · 3 January 1985
Qualifies for appointment to the positions of Chief Medical Director, Deputy Chief Medical Director, and Associate Deputy Chief Medical Director within the Department of Medicine and Surgery in the Veterans Administration any person eligible for appointment within the Department to the positions of physician, dentist, nurse, podiatrist, optometrist, pharmacist, or psychologist. (Under current law such appointments are limited to doctors of medicine).
Bill· SS. 68 (99th)referred
United States · United States Congress · 3 January 1985
Prohibits the expenditure of funds for the production of lethal binary chemical munitions after the enactment of this Act. Expresses the sense of Congress that: (1) the President should intensify efforts to reach agreement with the Soviet Union and other countries for a mutual, verifiable ban on chemical weapons; and (2) the Department of Defense should improve the capability of the United States to detect chemical weapons and protect members of the armed forces from the effects of such weapons.
Bill· SS. 41 (99th)referred
United States · United States Congress · 3 January 1985
Requires that the Chief of the Army Nurse Corps be appointed in the regular grade of brigadier general.
Bill· HRH.R. 480 (99th)open
United States · United States Congress · 3 January 1985
Provides that remarriage of a veteran's surviving spouse after age 60 shall not result in termination of dependency and indemnity compensation.
Bill· HRH.R. 478 (99th)referred
United States · United States Congress · 3 January 1985
Amends the provisions of general military law concerning civilian employees to authorize the Secretary of the military department concerned to reimburse for incidental expenses volunteers working in family support programs.
Bill· HRH.R. 437 (99th)open
United States · United States Congress · 3 January 1985
Directs the Administrator of Veterans Affairs to establish a national cemetery in Maricopa County, Arizona, on the site of and coextensive with the Veterans Memorial Cemetery of Arizona. Authorizes appropriations.
Bill· HRH.R. 369 (99th)open
United States · United States Congress · 3 January 1985
Directs the Secretary of the military department concerned to provide for an autopsy for each service member under such Secretary's jurisdiction who dies while on active duty. Requires such Secretary to deliver to the Armed Forces Institute of Pathology (the Institute) for retention for at least one year all records created in connection with such autopsy. Directs the Institute to make such records available to the surviving spouse or next of kin upon request. Directs the Institute to review an autopsy at the request of the Secretary concerned and permits review on the Institute's initiative or upon request by the appropriate survivor. Requires certain review results to be reported to such Secretary, such survivor, and such survivor's doctor at the survivor's request. Establishes in the Department of Defense an Independent Board of Medical Examination to advise the Secretary of Defense on the operation of the Institute and recommend to the Congress structural improvements. Directs the Institute to make available to the Board upon request all information created in connection with an autopsy.
Bill· HRH.R. 247 (99th)open
United States · United States Congress · 3 January 1985
States that a member of the armed forces may be given only one of the following discharges: (1) an Honorable Discharge; (2) a Discharge from Service as regulated under this Act; (3) a Bad Conduct Discharge issued in accordance with the sentence of a general court-martial; or (4) a Dishonorable Discharge issued in accordance with the sentence of a general court-martial. Requires that a narrative statement describing the service of a former member be issued to such member upon request at any time following separation from service. Limits the information which may be included in such a statement. Sets forth the composition of administrative discharge boards which shall consider whether a member should be separated with a Discharge from Service only upon a finding, based upon a preponderance of the evidence, that: (1) the member has engaged in misconduct; (2) in the case of an officer, cadet, or midshipman, such member has engaged in moral or professional dereliction; (3) the retention of such member would be contrary to the interests of national security; or (4) such member has been convicted previously in a civilian court or previous court-martial under specified circumstances and the retention of such member is not warranted. Authorizes the use of such discharge by the President in time of war, when the individual has been absent without authority for one year, or where the member has requested such discharge, after consultation with counsel, in lieu of board action under this Act or a court-martial. Sets forth the rights of the member concerned before the board and procedures regarding the board's actions. Directs the Judge Advocate General to establish a Court of Administrative Review to review recommendations for separation with a Discharge from Service. Requires the Court of Military Appeals to review the record upon which such a discharge was issued after final action by the Court of Administrative Review if the Judge Advocate General orders such review. Authorizes the Court to review the case upon petition by the member affected. Sets forth the conditions under which an administrative discharge board shall be precluded from determining whether a member should be issued a Discharge from Service.
Bill· HRH.R. 313 (99th)open
United States · United States Congress · 3 January 1985
Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the maximum size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, shall only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees in successful veterans' claims brought before a court as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
Bill· HRH.R. 261 (99th)open
United States · United States Congress · 3 January 1985
Directs the Secretary of Transportation to apportion for expenditure on the National System of Interstate and Defense Highways: (1) one-half of the sums authorized to be appropriated in accordance with the interstate cost estimate for FY 1985; and (2) the sums authorized to be appropriated in accordance with the interstate cost estimate for FY 1986 and 1987. Directs the Secretary to apportion: (1) one-half of the sums to be apportioned for FY 1984 for expenditure on substitute highway and urban mass transit projects; and (2) the sums to be apportioned for FY 1985 and 1986 for expenditure on substitute highway and urban mass transit projects.
Bill· HRH.R. 264 (99th)open
United States · United States Congress · 3 January 1985
Directs the Secretary of the Army to designate an area within Arlington National Cemetery for the burial and marking of cremated remains.
Bill· HRH.R. 285 (99th)open
United States · United States Congress · 3 January 1985
Prohibits funds appropriated to the Department of Defense from being used to purchase packaged food that was not packaged in the United States or its possessions.
Bill· HRH.R. 263 (99th)open
United States · United States Congress · 3 January 1985
Directs the Administrator of Veterans Affairs to construct a Veterans Administration hospital in Jacksonville, Florida. Requires the Administrator to secure the cooperation of the University of Florida College of Medicine in its training of medical students in Jacksonville. Authorizes appropriations.
Bill· HRH.R. 341 (99th)open
United States · United States Congress · 3 January 1985
Makes temporary members of the United States Coast Guard Reserve eligible for veterans' benefits, if they so elect.
Bill· HRH.R. 388 (99th)open
United States · United States Congress · 3 January 1985
Permits Senior Reserve Officers' Training programs (ROTC) to be established at public community colleges.
Bill· HRH.R. 272 (99th)open
United States · United States Congress · 3 January 1985
Defense Production Act Amendments of 1985 - Amends the Defense Production Act of 1950 to prohibit any Government acquisitions officer who is authorized to administer procurement contracts for an executive agency from accepting compensation from any contractor who received funds under contracts administered by such officer for two years following such officer's last day of Federal employment. Makes it a felony for a contractor to offer such compensation. Authorizes the Office of Personnel Management (OPM) to issue regulations as necessary to implement this Act. Permits an officer who is offered compensation and the contractor offering such compensation to apply to OPM for an advisory opinion concerning the legality of such compensation under this Act. Directs OPM to: (1) publish notice of such application; (2) issue an interim opinion within ten days and a final opinion within 30 days; (3) provide an opportunity for interested parties to present information or comments concerning issuance of such opinion; and (4) publish and give the Congress specified information justifying the Office's opinion. Specifies conditions under which OPM may determine that such compensation does not violate the intent of this Act. States that reliance on such advisory opinion shall be a defense to a civil or criminal case brought under this Act. Requires all meetings of OPM to consider applications for an advisory opinion to be open to the public. Requires the Office to report annually to the Congress concerning its activities and its recommendations for promoting high ethical standards for Government employees. Authorizes appropriations.
Bill· HRH.R. 327 (99th)open
United States · United States Congress · 3 January 1985
Establishes an Optometry Corps within the Army. Provides that original appointments in the Regular Army may be made at the grades of captain through colonel in such corps. Establishes an Optometry Corps within the Bureau of Medicine and Surgery of the Navy. Provides that appointments to such corps may be made at the grades of lieutenant through captain. States that optometric functions in the Air Force shall be performed by commissioned officers who are qualified under regulations prescribed by the Secretary of the Air Force. Provides that qualified optometrists may be appointed in the grades of captain through colonel.
Bill· HRH.R. 424 (99th)open
United States · United States Congress · 3 January 1985
Authorizes the President to award the Congressional Medal of Honor to the eight men who died in the attempt to rescue the Americans held hostage in Iran.
Bill· HRH.R. 361 (99th)open
United States · United States Congress · 3 January 1985
Repeals the Military Selective Service Act of 1967.
Bill· HRH.R. 315 (99th)open
United States · United States Congress · 3 January 1985
Authorizes the Administrator of Veterans Affairs to construct a Veterans Administration medical facility in south Texas. Authorizes appropriations. Limits the per bed construction cost.
Bill· HRH.R. 229 (99th)referred
United States · United States Congress · 3 January 1985
Defense Economic Adjustment Act - Title I: Defense Economic Adjustment Council - Establishes in the Executive Office of the President the Defense Economic Adjustment Council to be cochaired by the Secretaries of Commerce and Labor. Establishes in the Executive Office an Office of Economic Adjustment, headed by a Director, to provide staff support to the Council. Directs the Council to disseminate information from the Secretary of Defense to Federal, State, and local agencies concerning proposed or pending changes in defense spending which would affect employment in the defense industry. Requires the Council to perform other duties, including: (1) encouraging the preparation of plans for non-defense-related public projects; (2) coordinating and developing information on priority, federally funded projects and programs pertaining to defense economic adjustment; (3) monitoring job services information banks; and (4) determining criteria for eligibility for assistance under this Act. Directs the Secretary of Defense to provide the pertinent information to the Council a year in advance of any change and to furnish the Council with projected future defense spending levels. Directs the Council to prepare and distribute a Conversion Guidelines Handbook to outline requirements of programs for professional retraining of personnel. Title II: Community Economic Adjustment Planning - Makes eligible for Federal assistance for economic adjustment planning any community which is substantially affected by reduction or elimination of Government defense facilities or curtailment or conclusion of defense contracts. Directs the Council to make available to alternative use committees information on economic development programs of any Federal instrumentality which provides funds which may be used for planning. Requires the Council to report to Congress at least annually on any such economic development program. Directs the Council to use data from other departments to develop criteria which insure that assistance is directed to those communities which are most vulnerable economically to reductions in defense expenditures. Requires the Council to publish a semiannual list of eligible communities. Requires excess property resulting from a closing or reduction in a Government-owned facility to be appraised for purposes of resale to the community. Title III: Alternative Use Committees - Requires the establishment of alternative use committees at defense facilities to plan for economic conversion in the event of closure or reduction. Directs such committees to: (1) evaluate the assets of the facilities and the resources and requirements of the local community; (2) develop at least biennially a detailed plan for conversion of the facility to non-defense-related productive activity; and (3) provide retraining and reemployment counseling services. Requires conversion plans to maximize the pool of skills of available personnel and specify in detail the composition of the work force and plant, material, and financing requirements. Penalizes any contractor who fails to submit an alternative use plan or carry out one approved by the Council by making such contractor ineligible for future defense contracts for three years. Title IV: Economic Adjustment Assistance for Workers - Makes displaced workers certified by the local alternative use committees to the Council eligible for benefits for two years under this Act. Includes among such benefits weekly compensation, vested pension credit, maintenance of health insurance, retraining for civilian work, job search allowance, and reimbursement for relocation expenses. Requires completion of a program of professional retraining before certain employees are eligible for assistance. Directs the Council to enter into agreements with a State or agency in the State administering the unemployment compensation law to disburse benefits under this Act. Requires displaced workers to accept any employment determined by the State agency or Secretary of Labor to be comparable to the former job, or benefits will terminate. Excludes these benefits from other determinations of eligibility for unemployment compensation under any Federal or State law. Title V: Economic Adjustment Fund - Establishes in the Treasury a Workers Economic Adjustment Reserve Trust Fund. Requires defense contractors to pay a specified percentage into the Fund. Directs the Secretary of the Treasury to deposit a percentage of the projected savings resulting from a cancellation or cutback in defense spending. Title VI: Use of Research Funds - Requires the Council to define urgent national requirements for nondefense sectors of the economy in any determination of the Secretary of Defense as to how certain research and development funds are to be spent. Title VII: Authorization of Appropriations - Authorizes appropriations.
Bill· HRH.R. 429 (99th)referred
United States · United States Congress · 3 January 1985
Directs the Secretary of Transportation to apportion for expenditure on the National System of Interstate and Defense Highways: (1) one-half of the sums authorized to be appropriated in accordance with the interstate cost estimate for FY 1985; and (2) the sums authorized to be appropriated in accordance with the interstate cost estimate for FY 1986. Directs the Secretary to apportion: (1) one-half of the sums to be apportioned for FY 1984 for expenditure on substitute highway and public mass transit projects; and (2) the sums to be apportioned for FY 1985 for expenditure on substitute highway and public mass transit projects. Specifies apportionment factors.