98th Congress > House > Vote 902
Sponsor: YATES, Sidney Richard (D-IL)
Description: TO RECEDE FROM DISAGREEMENT TO A SENATE AMENDMENT TO H. J. RES. 648 AND CONCUR IN THAT AMENDMENT. THE SENATE AMENDMENT ESTABLISHES A KENNEDY CENTER REVENUE BOND SINKING FUND, WHICH WILL BE USED TO RETIRE THE PRINCIPAL SUM OF THE BOND ISSUES. (MOTION PASSED)
Bill summary: (Conference report filed in House, H. Rept. 98-1159)
Title I:
-- Makes continuing appropriations for FY 1985 for projects or activities, provided for in the: (1) Agriculture, Rural Development and Related Agencies Appropriation Act, 1985 (
H.R. 5743
), as provided for in the conference report filed in the House of Representatives on September 25, 1984, as if such Act had been enacted into law; and (2) the District of Columbia Appropriation Act, (
H.R. 5899
), as provided in the conference
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report filed on September 26, 1984.
Department of the Interior and Related Agencies Appropriations Act, 1985 - Title I: Department of the Interior - Makes appropriations for FY 1985 within the Department of the Interior for the Bureau of Land Management for management of land and resources, construction and access, payments in lieu of taxes, Oregon and California grant lands, range improvements, service charges, deposits and forfeitures, miscellaneous trust funds, and land acquisition.
Sets forth uses and limitations of appropriations made to the Bureau of Land Management. Continues the segregative effect of the Department of the Navy withdrawal application N-37171, covering certain public lands in Churchill County, Nevada, until Congress acts on such withdrawal.
Appropriates funds for: (1) U.S. Fish and Wildlife Service for resource management, construction, anadromous fish, the Migratory Bird Conservation Account, land acquisition, and the National Wildlife Refuge Fund; (2) the National Park Service for the operation of the National Park System, recreation and preservation programs, the Visitor Facilities Fund, the Historic Preservation Fund, construction, land acquisition and State assistance, the John F. Kennedy Center for the Performing Arts and the National Capital Region arts and cultural affairs; (3) the Illinois and Michigan Canal National Heritage Corridor Commission; (4) the Jefferson National Expansion Memorial Commission; (5) the Geological Survey for surveys, investigations and research; (6) the Minerals Management Service for leasing and royalty management; (7) the Bureau of Mines for the conduct of inquiries, technological investigations and research of mines and minerals; (8) the Office of Surface Mining Reclamation and Enforcement for regulation and technology, and the Abandoned Mine Reclamation Fund; (9) the Bureau of Indian Affairs for the operation of Indian programs, construction, road construction, Utah Paiute Trust Fund, tribal trust funds, the revolving fund for loans, and the Indian Loan Guaranty and Insurance fund; (10) the Office of Territorial and International Affairs for administration and for the Trust Territory of the Pacific Islands; and (11) the Secretarial offices, including the Office of the Solicitor for salaries and expenses, the Office of Construction Management, and the Office of the Inspector General.
Sets forth the uses and limitations on appropriations made available by this title.
Makes such appropriations available for expenditure or transfer for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes.
Amends the Synthetic Fuels Corporation Act of 1980 to subject officers and employees of the Synthetic Fuels Corporation to standards of ethical conduct and financial reporting.
Permits an aggrieved person to bring action in the district courts of the United States to enforce, and secure compliance, with, the policies and guidelines of the Corporation.
Makes funds available for the suppression or emergency prevention of forest or range fires on or threatening lands under the Department of the Interior jurisdiction, for emergency rehabilitation of burned-over lands, emergency actions related to earthquakes or volcanoes, and emergency reclamation projects.
Makes appropriations available for the operation of warehouses, garages, shops, and similar facilities, whenever consolidation of activities will contribute to efficiency or economy.
Makes appropriations available for the hire, maintenance, and operation of aircraft, hire of passenger motor vehicles, purchase of reprints, payment for telephone service in private residences in the field, and the payment of certain dues when authorized by the Secretary of the Interior.
States that no funds available to the Department of the Interior are available for any expenses of the Great Hall of Commerce.
Provides that appropriations made available to the Department of the Interior for salaries and expenses shall be available for uniforms or allowances.
Makes appropriations available for obligation in connection with contracts issued by the General Services Administration for services or rentals for annual periods beginning at any time during the fiscal year.
Prohibits the use of funds for the procurement, leasing, bidding, exploration, or development of certain lands within the Department of the Interior Central and Northern California Planning Area. Prohibits the use of funds for the preparation for, or conduct of, pre-leasing and leasing activities of lands within a certain area of the Outer Continental Shelf off the coastline of Massachusetts.
Prohibits the use of appropriated funds to finance the changing of the name of Mount McKinley.
Makes available appropriations to provide insurance on official motor vehicles, aircraft, and boats operated by the Department of the Interior in Canada and Mexico.
Prohibits the use of funds for the lease sale of certain tracts within the Department of Interior Southern California Planning Area.
Prohibits the use of funds to detail any employee to an organization except in accordance with Office of Personnel Management regulations.
Extends until March 1, 1985 the deadline for outlaying certain Federal funds: (1) from the Historic Preservation Fund and Land and Water Conservation Fund; and (2) for repair and restoration of parks and recreational facilities.
Title II: Related Agencies - Makes appropriations for FY 1985 for the Department of Agriculture for the Forest Service for forest research, State and private forestry, the National Forest System, construction,, (including transfer of funds) land acquisition, the Range Betterment Fund, acquisition of land for national forests, and miscellaneous trust funds.
Sets forth limitations on the use of such funds by the Forest Service.
Prohibits the use of such funds to change the boundaries of any region, to abolish any region, to move or close any regional office for research, State and private forestry, and National Forest System administration of the Forest Service without the consent of certain congressional committees.
Permits funds to be advanced to the National Forest System appropriation for the emergency rehabilitation of burned-over lands under its jurisdiction.
Declares that the appropriation structure for the Forest Service may not be altered except as provided in appropriation Acts.
Makes funds appropriated to the Forest Service available for assistance to or through the Agency for International Development and the Office of International Cooperation and Development in connection with forest and rangeland research and technical information and assistance in foreign countries.
Permits funds previously appropriated for timber salvage sales to be recovered from receipts deposited for use by the applicable national forest and credited to the Forest Service Permanent Appropriations.
Prohibits the transfer of funds appropriated to the Forest Service to the Working Capital Fund of the Department of Agriculture without the approval of the Chief of the Forest Service.
Rescinds certain funds appropriated for FY 1985 to the Department of the Treasury for the Energy Security Reserve.
Makes appropriations for the Department of Energy for fossil energy research and development (including transfer of funds), naval petroleum and oil shale reserves, energy conservation, economic regulation, emergency preparedness, the Energy Information Administration, and the SPR Petroleum Account.
Makes appropriations to the Department of Health and Human Services for the Health Services Administration for Indian health services and facilities.
Appropriates funds to: (1) the Department of Education for the Office of Elementary and Secondary Education for Indian education; (2) the Navajo and Hopi Relocation Commission for salaries and expenses; (3) the Smithsonian Institution for salaries and expenses; (4) museum programs and related research; (5) construction and improvements at the National Zoological Park; (6) restoration and renovation of buildings owned or occupied by the Smithsonian Institution; (7) salaries and expenses of the National Gallery of Art; and (8) salaries and expenses of the Woodrow Wilson International Center for Scholars.
Makes appropriations for the National Foundation on the Arts and the Humanities for: (1) salaries and expenses and matching grants for the National Endowment for the Arts and the National Endowment for the Humanities; (2) the Institute of Museum Services; (3) salaries and expenses for the Commission of Fine Arts, the Advisory Council on Historic Preservation, the National Capital Planning Commission, the Franklin Delano Roosevelt Memorial Commission, the Pennsylvania Avenue Development Corporation for salaries and expenses and public development activities and projects; (4) the Federal Inspector for the Alaska Gas Pipeline for permitting and enforcement; and (5) the Holocaust Memorial Council.
Title III: General Provisions - Limits procurement contracts for consulting services obtained through appropriations made by this Act to those contracts where expenditures are a matter of public record.
Prohibits the use of appropriations by the Secretaries of Agriculture and of the Interior for the sale of unprocessed timber from Federal lands which will be exported from the United States or which will be used as a substitute for timber from private lands which is exported by the purchaser. Prohibits the Secretaries of the Interior and of Agriculture from using such funds for leasing of oil and natural gas by noncompetitive bidding on public lands within the Shawnee National Forest, Illinois. Prohibits the use of such funds for any activity that tends to promote public support or opposition to legislative proposals on which congressional action is incomplete.
Prohibits the use of funds for the implementation or enforcement of any rule or regulation of the U.S. Fish and Wildlife Serve requiring the use of steel shot in connection with the hunting of waterfowl unless the appropriate State regulatory authority approves such implementation and enforcement.
Declares that no part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Provides that none of the funds appropriated to any department or agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of such department or agency.
Provides that none of the funds appropriated in this Act shall be obligated for any aspect of the processing or issuance of permits or leases pertaining to exploration for or development of coal, oil, gas, oil shale, phosphate, potassium, sulphur, gilsonite, or geothermal resources on Federal lands within any component of the National Wilderness Preservation System or within any Forest Service RARE II areas recommended for wilderness designation or allocated to further planning. Excepts from this prohibition certain Alaskan, national forest, and other lands.
Prohibits the use of funds in this Act to evaluate, consider, process, or award oil, gas or geothermal leases on Federal lands in the Mount Baker-Snoqualmie National Forest, State of Washington.
Prohibits assessments from being levied against any program, budget activity, or project funded by this Act.
Provides that employment funded by this Act shall not be subject to any personnel ceiling or other personnel restriction for permanent or other than permanent employment except as provided by law.
Prohibits the use of funds provided for land acquisition to acquire lands for more than the approved appraised value, except for condemnations and declarations of taking, without the written approval of the Appropriations Committees.
Authorizes the Secretaries of the Interior, Agriculture, and Energy and the Smithsonian Institution to enter into contracts with State and local governments for procurement of services in the presuppression, detection, and suppression of fires.
Prohibits the use of funds by the Fish and Wildlife Service to plan for, conduct, or supervise deer hunting on the Loxahatchee National Wildlife Refuge.
Requires that any aircraft service for which the Forest Service contracts be for aircraft certified air-worthy by the Federal Aviation Administration.
Prohibits the use of funds for the augmentation of grizzly bear populations in currently occupied areas of Forest Service grizzly bear habitat unless the appropriate General Management Plan or Forest Plan provides for it and has been adopted.
Requires the Administrator of the General Services Administration to transfer certain lands on Guam to the Secretary of the Interior for inclusion in the War in the Pacific National Historical Park.
Requires the Secretary of the Interior to quantify the number of wetland acres subject to waterfowl production area easements in each county of North Dakota.
Sets forth provisions which shall allow for the extension until December 31, 1986, of the primary term of any geothermal lease in effect as of July 27, 1984.
Requires rents or charges collected for the use or occupancy of quarters of agencies funded by this Act to be deposited in a special fund in each agency for the maintenance and operation of such quarters.
Requires the Secretary of Energy to solicit statements and proposals for projects employing emerging clean coal technologies and report to Congress on what Federal incentives can do to accelerate the commercial availability of such technologies.
Includes travel time by Federal employees to a scheduled event and the return to his or her official duty station within the hours of employment for compensation purposes.
Prohibits the Secretary of the Interior from issuing any geothermal lease pursuant to the Geothermal Steam Act of 1970 in the Island Park known as Geothermal Resource Area adjacent to Yellowstone National Park.
Provides authorization for States to use Abandoned Mine Reclamation Fund moneys to establish land subsidence insurance programs in underground coal mining regions.
Prohibits the use of funds to lease the mineral interest of the United States with respect to certain land in Payne County, Oklahoma.
Declares that the land acquisition and relocation authorized for Centralia, Pennsylvania shall not require any matching share of funding from the State.
Reduces by two percent each amount of budget authority provided in this Act for payments not required by law. Provides that such reductions shall be applied ratably to each account, program, activity, and project provided for in this Act.
Declares that it is the sense of the Congress that: (1) the Continental Scientific Drilling Program should be implemented through a joint cooperative effort among the U.S. Department of Energy, the National Science Foundation, and the U.S. Geological Survey; (2) the private sector should be encouraged to support the Program and the participating agencies should solicit appropriate private sector participation in it; and (3) the U.S. should cooperate with the international community in developing this important scientific and technical activity.
The John F. Kennedy Center Act Amendments of 1984 - Amends the Kennedy Center Act to provide that the obligations of the Trustees of the John F. Kennedy Center incurred to finance parking facilities shall bear no interest. Terminates the requirement to pay the unpaid interest which has accrued on such obligation.
Establishes in the Treasury the Kennedy Center Revenue Bond Sinking Fund, which shall be used to retire such obligations.
Makes continuing appropriations for FY 1985 for projects or activities provided for in the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1985 (
H.R. 6028
), as provided in the conference report and joint explanatory statement filed on October 3, 1984. Appropriates funds for the U.S. Institute of Peace as authorized in the U.S. Institute of Peace Act.
Appropriates additional funds to the National Library of Medicine for carrying out programs relating to health information communications.
Appropriates additional funds for FY 1985 for the Alcohol, Drug Abuse, and Mental Health Administration.
Amends the Immigration and Nationality Act to direct the Secretary of Health and Human Services to develop and implement alternative projects for refugees who have been in the United States less than 36 months, under which refugees are provided interim support, medical services, support services, and case management, as needed. Requires the Secretary to report to Congress no later than October 31, 1985, on the results of such projects.
Military Construction Appropriations Act, 1985 - Appropriates funds for FY 1985 for military construction operations by the Department of Defense for: (1) the Army; (2) the Navy; (3) the Air Force; (4) the Defense agencies; (5) the North Atlantic Treaty Organization (NATO) Infrastructure; (6) the Army National Guard; (7) the Air National Guard; (8) the Army Reserve; (9) the Naval Reserve; (10) the Air Force Reserve; (11) family housing for the Army; (12) family housing for the Navy and Marine Corps; (13) family housing for the Air Force; and (14) family housing for the Defense agencies. Limits the amount of money which may be available for study, design, and engineer services.
Makes previously appropriated funds available to the respective departments through the authorizations enacted by the 98th Congress.
Prohibits the expenditure of funds for: (1) payments under a cost-plus-a-fixed-fee contract for work except as specified; (2) starting construction of new bases inside the continental United States for which specific appropriations have not been made; (3) the purchase of land or land easements in excess of 100 percent of their value except as specified; (4) the relocation of activity from one base to another without prior notification to the Appropriations Committees; (5) base realignment or closure which is not in compliance with the National Environmental Policy Act; (6) the procurement of steel for construction projects for which American steel producers have been denied an opportunity to compete for such steel procurement; (7) dredging in the Indian Ocean by foreign contractors except as specified; (8) construction of any site-specific facilities for the MX missile system until the requirements of the National Environmental Policy Act are met; (9) the payment of property taxes to a foreign nation; or (10) the compensation of unlawfully admitted aliens.
Permits the use of funds for advances to the Federal Highway Administration for the construction of certain access roads certified as important to the national defense.
Limits the expenditure of appropriations for consulting services.
Permits the obligation of funds for military construction projects through the fourth fiscal year after the fiscal year for which such funds were appropriated.
Prohibits the use of funds for the sale or lease of Fort DeRussy, Honolulu, Hawaii.
Prohibits the use of funds to initiate a new installation overseas without the prior approval of the Appropriations Committees.
Prohibits the expenditure of funds for F-16 beddown projects at Misawa, Japan, until the Committees determine that the Japanese budget has increased funding for FY 1985 for such purposes.
Prohibits the obligation of funds for certain architect and engineer and military construction contracts in excess of specified amounts for projects in Japan or NATO countries which did not increase defense spending by at least three percent in 1983. Excepts from this prohibition contracts requiring that all installed equipment in such projects be U.S.-manufactured.
Prohibits funds for certain military construction projects in the U.S. territories and possessions in the Pacific and on Kwajalein Island from being used for the performance of any work by foreign contractors on a contract exceeding $5,000,000 unless the lowest bid from a U.S. contractor exceeds the lowest foreign bid by more than 20 percent. Permits the Secretary to waive such prohibition in the public interest.
Directs the Secretary of Defense to inform the Appropriations and Armed Services Committees of the plans and scope of certain proposed military exercises involving construction costing more than $100,000 before the exercises occur.
Transfers unexpended balances in the Military Family Housing Management Account and other specified funds available during FY 1985 to the appropriations for family housing under this Act.
Prohibits the expenditure of funds for any country the President determines is failing to take adequate measures to prevent the illegal sale to U.S. personnel or the unlawful entry into the United States of narcotic drugs or other controlled substances illicitly produced in or transported through such country. Continues such prohibition until the President notifies Congress that such country has taken appropriate actions. Permits the President to waive such restriction in the interest of national security.
Reduces the amounts otherwise available for consulting services by ten percent unless a particular agency's budget for FY 1985 is below a prescribed level.
Expresses the sense of Congress that the pertinent members of NATO and Japan should meet or exceed their pledges of at least a three percent real increase in defense spending.
States that funds appropriated by this joint resolution for the U.S. share of the North Atlantic Treaty Organization (NATO) infrastructure program may be obligated or expended only to the extent that one dollar has been recouped by the U.S. for NATO eligible projects prefinanced with U.S. funds for every four dollars obligated or expended from funds made available under this joint resolution for such purpose.
Foreign Assistance and Related Programs Appropriations Act, 1985 - Title I: Multilateral Economic Assistance Funds Appropriated to the President-- - Makes appropriations for FY 1985 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development; (2) International Development Association; (3) Inter-American Development Bank; (4) Asian Development Bank; (5) African Development Fund; and (6) African Development Bank. Limits the callable capital subscriptions of the United States to such development banks.
Makes appropriations for FY 1985 for international organizations and programs. Earmarks specified amounts of such funds for the United Nations Development Program, the United Nations Children's Fund, and the Voluntary Fund for Vicitims of Torture, among other funds. Requires such funds to be made available in accordance with the Committee Report accompanying this Act.
Title II: Bilateral Economic Assistance Funds Appropriated to the President-- - Makes appropriations for FY 1985 for the Agency for International Development for: (1) agriculture, rural development, and nutrition programs, including a limit on the amount that shall be available for Uganda; (2) population programs; (3) health programs, including a specified amount earmarked for Africa; (4) the child survival fund; (5) education and human resources development programs, including a specified amount for scholarships for South African students; (6) energy and selected development activities; (7) science and technology programs; (8) the private sector revolving fund, including a limit on obligations during FY 1985; (9) loan allocation programs, including specified repayment deadlines; (10) American schools and hospitals abroad, including a requirement that the Secretary of State report to Congress on the most appropriate method of continuing financial assistance to the American University of Beirut; (11) international disaster assistance; (12) peacekeeping operations; (13) the Sahel development program, including a limit on the total contributions to such program; (14) payment to the Foreign Service Retirement and Disability Fund; (15) the overseas training and special development activities (foreign currency program); (16) the operating expenses of the Agency for International Development, including a requirement that not less than ten percent of the total FY 1985 development funds shall be available only for activities of economically and socially disadvantaged enterprises, historically black colleges and universities, and private and voluntary organizations to which are controlled by black Americans, Hispanics, Native Americans, or economically and socially disadvantaged individuals (including women); (17) trade credit insurance program; (18) trade and development programs; (19) housing and other credit guaranty programs; and (20) the Economic Support Fund.
Limits the use of the population program funds, including: (1) prohibition against making such funds available to the World Health Organization's Special Program of Research, to a country that includes as part of its population planning programs involuntary abortion, or to an organization which includes as part of its programs involuntary abortion; and (2) an earmarking of a specified amount for the United Nations Fund for Population Activities. Expresses the sense of the House Appropriations Committee to reaffirm its commitment to U.S. population assistance. Limits the use of the energy and development activities funds, including; (1) requiring the transfer of specified funds to the Economic Support Fund for Zimbabwe; (2) limiting the amount available for certain projects in Guatemala; (3) limiting the amount available for Central America; and (4) prohibiting making such funds available after January 1, 1986, to any U.S. private and voluntary organization which obtains less than 25 percent of its total annual funding for international activities from sources other than the U.S. Government. Limits the use of the Economic Support Fund funds, including: (1) earmarking specified amounts for Israel, Egypt, Tunisia, and Zaire; (2) prohibiting making such funds available for Guatemala, for refugee housing or rent subsidies in Cyprus, or for the Central American Regional Program except as provided through the regular notification process; and (3) earmarking a specified percentage of such funds for certain health services. Requires that any of the funds provided for El Salvador by this joint resolution and placed in the Central Reserve Bank of El Salvador be maintained in a separate account and not commingled with any other funds. Earmarks a certain amount of assistance to promote creation of judicial investigative capabilities, protection for key participants in pending judicial cases, and modernization of penal and evidentiary codes.
Makes appropriations for FY 1985 for: (1) the African Development Foundation; (2) the Inter-American Foundation; (3) the Overseas Private Investment Corporation; (4) the Peace Corps; (5) the Department of State for migration and refugee assistance; (6) antiterrorism assistance; and (7) international narcotics control.
Title III: Military Assistance - Makes appropriations for FY 1985 for the President for: (1) military assistance; (2) international military education and training; (3) the Special Defense Acquisition Fund; (4) the guaranty reserve fund established under the Arms Export Control Act; and (5) foreign military sales credits. Earmarks specified amounts of the military assistance funds for El Salvador and Turkey. Limits the amounts of such funds that may be made available for Zaire and that may be available for the general costs of the military assistance program. Provides that half the military assistance funds for El Salvador shall be available October 1, 1984, and the remaining half March 31, 1985. Imposes other limitations on military assistance to El Salvador. Earmarks specified amounts of foreign military sales credits for Israel (with a specified amount earmarked for the Lavi program) and Egypt, and specified amounts of military loan guarantees for El Salvador and Turkey. Prohibits making any military credits available to Guatemala. Declares that the minimum interest rates for such loan guarantees shall be five percent. Sets the maximum amount that shall be available at such rates. Expresses the sense of Congress that no sales of sophisticated weaponry be made to Jordan unless Jordan is publicly committed to the recognition of Israel and to prompt entry into serious peace negotiations with Israel.
Prohibits the obligation or expenditure of any of the funds available by this joint resolution for the construction of a Regional Military Training Center in Honduras unless, and until 15 days after, the President provides the House and Senate Committees on Appropriations a report containing specified information.
Prohibits the extension of credits and the issuance of guarantees under the Arms Export Control Act for Turkey for FY 1985 if it would cause the sum of such credits and guarantees provided for Turkey for such fiscal year to exceed a specified amount.
Title IV: Export-Import Bank of the United States - Makes appropriations for FY 1985 for the Export-Import Bank to make certain expenditures and certain contracts and commitments. Prohibits the use of such funds to make expenditures, contracts, or commitments for nuclear exports to a country other than a nuclear-weapon State. Sets the maximum amounts for direct loans and loan guarantees by the Export-Import Bank. Limits the amount that the Export-Import Bank may spend for administrative expenses.
Title V: General Provisions - Prohibits using any of the funds appropriated in this Act, other than appropriations for international organizations and programs, for certain water or related land resource projects proposed for construction within the United States. Limits the percentage of appropriation items, with specified exceptions, that shall be obligated or reserved during the last month of availability. Prohibits using any of the funds appropriated by this Act or any of the counterpart funds generated by this Act to pay pensions, annuities, retirement pay, or adjusted service compensation to persons serving in the armed forces of a recipient country. Prohibits using certain funds appropriated or made available pursuant to this Act for: (1) making payments on procurement contracts which do not authorize the termination of such contract for the convenience of the United States; or (2) paying any assessments, arrearages, or dues of any member of the United Nations. Prohibits using any of the funds contained in title II of this Act to carry out the transfer of funds to international or multilateral lending organizations.
Sets the maximum amounts of the funds appropriated or made available by this Act that shall be used for official residence expenses, entertainment expenses, and representation allowances of the Agency for International Development. Prohibits using certain funds appropriated or made available pursuant to this Act to finance the export of nuclear equipment, fuel, or technology or to provide assistance for the training of foreign nationals in nuclear fields.
Prohibits using funds appropriated by this Act: (1) to help the government of any country repress the legitmate rights of the population; (2) for publicity or propaganda purposes within the United States not authorized before enactment of this Act; (3) to furnish assistance to a country which is in default for more than a year in a loan made by the United States pursuant to a program for which funds are appropriated under this Act; or (4) to lobby for abortion.
Prohibits obligating or spending any of the funds appropriated or made available pursuant to this Act to: (1) finance aid to Mozambique unless the President waives this prohibition upon determining and reporting to Congress that furnishing such assistance would further U.S. foreign policy interests; or (2) finance aid or reparations to Libya, Iraq, South Yemen, Angola, Cambodia, Cuba, Laos, Vietnam, or Syria. Prohibits obligating funds made available by this Act under an appropriation account to which they were not appropriated without the prior approval of both congressional appropriations committees. Prohibits appropriations contained in this Act from remaining available after the expiration of the current fiscal year unless expressly provided in this Act.
Prohibits making available any of the funds appropriated or made available pursuant to this Act to any international financial institution whose U.S. representative: (1) cannot upon request obtain the amounts and names of borrowers for all loans of such institution; or (2) cannot upon request obtain any document developed by the management of such institution.
Prohibits obligating any of the funds appropriated or otherwise made available by this Act to the Export-Import Bank and any of the appropriations for direct foreign assistance for any country that gives sanctuary to war criminals or international terrorists unless the President finds that national security requires otherwise.
Prohibits using funds appropriated for direct assistance and Export- Import Bank funds and Overseas Private Investment Corporation funds to finance any loan or other assistance for establishing or expanding production of any commodity for export by any country other than the United States if the commodity is likely to be in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of the same, similar, or a competing commodity, provided that such prohibition shall not apply to the Export-Import Bank if the benefits to U.S. industry and employment are likely to outweigh injury to U.S. producers. Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international finance institutions to oppose assistance by these institutions for the production of any commodity for export if it is in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of the same, similar, or a competing commodity.
Prohibits using specified funds made available under this Act for operations not justified or in excess of the amount justified to the Appropriations Committees for obligation under any of these specific headings for FY 1985 unless the appropriations committees are notified 15 days in advance.
Limits expenditures for consulting services through procurement contracts.
Prohibits any of the appropriations to Voluntary Organizations of the United Nations from being made available for the U.S. proportionate share for the programs for the Palestine Liberation Organization (PLO) or for projects whose primary purpose is to provide benefits to the PLO. Prohibits U.S. employees from recognizing or negotiating with the PLO or representatives of the PLO so long as the PLO does not recognize Israel's right to exist, does not accept Security Council Resolutions 242 and 338, and does not renounce the use of terrorism.
Declares that none of the funds made available in this Act shall be restricted for obligation or disbursement solely as a result of the policies of a multilateral institution.
Authorizes using funds appropriated under this Act to procure construction or engineering services from certain advanced developing countries if such countries permit U.S. firms to compete for construction or engineering services financed from assistance programs of such countries.
Prohibits making funds available after October 1, 1984, to any country for any three month period immediately following presidential certification to Congress that such country's government is failing to take adequate measures to prevent the illegal sale to U.S. personnel or the unlawful entry into the United States of narcotic drugs or other controlled substances illicitly produced in or transported through such country.
Prohibits making funds available to international organizations for the United States' proportionate share for any programs for the Southwest Africa Peoples Organization, Libya, Iran, or Cuba.
Requires the President to report annually to Congress on the degree of support to U.S. foreign policy given by each foreign country, especially in the United Nations. Prohibits assistance to any country engaged in a consistent pattern of opposition to U.S. foreign policy.
Permits Israel to use any loan made available under the Arms Export Control Act for which repayment has been forgiven before using any other loan made available under such Act.
Requires the President to report to the congressional appropriations committees within 30 days after the effective date of any memorandum of understanding or other agreement between the United States and El Salvador regarding the use of local currencies generated from assistance furnished or the sale of agricultural commodities under specified U.S. foreign assistance programs. Requires a report six months after such effective date of the progress achieved in carrying out the memorandum or agreement.
Declares that it is the policy of Congress and the intention of the United States that the funds provided in annual appropriations for the Economic Support fund which are allocated to Israel shall not be less than the annual debt repayment from Israel to the United States in recognition that such a principle serves United States interest in the region.
Prohibits making appropriated but unobligated funds available to El Salvador if its President should be deposed by military coup or decree, unless Congress reappropriates such funds.
Directs the Secretary of the Treaury and the Secretary of State to report to specified congressional committees by February 1, 1985, on the domestic economic policies and foreign assistance programs of nations receiving U.S. economic assistance.
Sets conditions on the obligation of foreign assistance to Haiti, especially with regard to: (1) cooperation in halting illegal emigration to the United States; (2) improvement of the human rights situtation; and (3) full implementation of U.S. food, development, and other economic assistance programs. Requires the President to report biannually to Congress on Haitian compliance with these conditions. States that assistance to Haiti should be provided through private and voluntary organizations the maximum extent practicable.
Enacts sections of
H.R. 5119
, as passed by the House of Representatives on May 10, 1984, with respect to provisions of the Foreign Assistance Act of 1961 concerning: (1) stockpiling of defense articles for foreign countries; (2) the Child Survival Fund; (3) the housing guaranty program; (4) agricultural and productive credit and self-help community development programs; (5) foreign national employees; and (6) the trade credit insurance program.
Releases Israel and Egypt from liability to repay the United States for military credits made available by this Act.
Permits Greece, Korea, the Philippines, Portugal, Somalia, Spain (so long as it remains a member of NATO), Sudan, Tunisia, and Turkey to repay loans under the foreign military credit sales program within 20 years, following a grace period of ten years on repayment of principal.
Department of Defense Appropriations Act, 1985 - Title I: Military Personnel - Appropriates funds for FY 1985 for military and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force. Appropriates funds for the Department of Defense Retirement Fund for retired military personnel on the retired lists of the Army, Navy, Marine Corps, and Air Force, including the reserves.
Title II: Operation and Maintenance - Appropriates funds for FY 1985 for the operation and maintenance of the Army, the Navy, the Marine Corps, the Air Force, and the defense agencies, including their respective reserve components, and the Army and Air National Guards. Appropriates funds for the National Board for the Promotion of Rifle Practice, claims against the Department of Defense, the Court of Military Appeals, and environmental restoration.
Title III: Procurement - Appropriates and transfers funds for FY 1985 for the procurement by the Army of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and other equipment and materials.
Appropriates and transfers funds for procurement by the Navy of aircraft, weapons, conversion and shipbuilding of vessels, and other equipment and materials. Prohibits the use of funds for naval vessel construction in foreign shipyards.
Appropriates funds for Marine Corps procurement.
Appropriates funds for procurement by the Air Force of aircraft, missiles, and other equipment and materials. Includes transfers of funds for aircraft procurement.
Authorizes obligation of funds for procurement related to the deployment of MX missiles for which funds were appropriated for FY 1984. Makes unobligated FY 1984 balances available for procurement of 21 additional MX missiles only if the President submits a certain report to Congress after March 1, 1985, and Congress adopts a joint resolution approving the obligation.
Appropriates funds for the National Guard, Reserve, and defense agencies' procurement and for Defense Production Act purchases.
Makes all such appropriations available through FY 1987 unless otherwise specified.
Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 1985 for research, development, test, and evaluation by the Army, Navy, Air Force, and defense agencies. Permits the merger of appropriations for advanced research. Appropriates funds for the expenses of the Director of Defense Test and Evaluation.
Makes all such appropriations available through FY 1986.
Title V: Special Foreign Currency Program - Appropriates funds for FY 1985 for excess payments in foreign currencies for expenses in carrying out the programs of the Department of Defense.
Title VI: Revolving and Maintenance Funds - Appropriates funds for the armed forces and defense stock funds.
Title VII: Related Agencies and the Central Intelligence Agency Retirement and Disability System Fund.
Title VIII: General Provisions - Limits the expenditure of appropriations for consulting services to contracts where such expenditures are a matter of public record.
Prohibits the use of appropriations for unauthorized publicity or propaganda.
Authorizes the Secretaries of Defense and of the service departments to procure the services of experts and consultants if advantageous to the national defense. Exempts the Defense Department from the prohibition against employing non-citizens.
Makes appropriations available for specified incidental and noncombatant expenses of the department including motor vehicle insurance, maintenance of prisoners, school transportation of military dependents, maintenance of facilities, ships, and equipment, dependents' medical treatment, and certain subsistence expenses.
Directs the Secretary of Defense and each agency of the Department to assist American small and minority-owned businesses in their participation in defense contracts.
Permits the President to exempt appropriations available for military functions from the requirement that appropriations be distributed so as to prevent deficiencies or the need for supplemental funding.
Authorizes the Secretary to provide for the cost of any increases in military personnel required by the President for an airborne alert. Requires the Secretary to report to Congress monthly on the exercise of this authority.
Prohibits the use of appropriations, except in accordance with regulations, for specified practices, including: (1) the operation of commissaries; (2) proficiency flying; and (3) excess household goods shippage and storage.
Permits the transfer of vessels among the Departments of Transportation and Defense.
Prohibits the obligation of more than 20 percent of funds appropriated by this Act during the last two months of the fiscal year except as specified.
Permits the Department of Defense to accept the use of real property and services from foreign countries in accordance with mutual defense agreements or occupational arrangements or as reciprocal international courtesies. Directs the Secretary to report quarterly to Congress on the properties and services received.
Permits the use of appropriations for research and development and for the acquisition or furnishing of facilities for such activities.
Limits the availability of appropriations for educational costs for off-duty training of military personnel to specified percentages of such costs.
Prohibits the expenditure of funds for: (1) Sr. ROTC courses for anyone who has not executed the required loyalty oath; (2) the procurement of articles not produced in the United States, except for small purchases and as specified; and (3) the payment of a price differential on contracts to relieve economic dislocations, except as specified.
Limits the use of appropriations for inactive duty training pay for the Reserves and National Guard.
Permits the use of appropriations for uniforms or uniform allowances for civilian employees.
Limits the funds available for legislative liaison activities of the Department.
Earmarks appropriations for the procurement of commercial transportation service from carriers participating in the civil reserve air fleet program.
Permits the use of appropriations for civilian clothing for certain discharged enlisted personnel.
Authorizes the Secretary, in the national interest, to transfer and merge specified working capital funds. Directs the Secretary to notify Congress of all transfers. Limits the cash balances which may be maintained in such funds.
Prohibits the use of funds for: (1) loans, loan guarantees, or grants to persons convicted of crimes against the property of an institution of higher education which interfered with the functioning of such institution; (2) the conversion of heating plants from coal to oil at defense facilities in Europe; (3) research involving uninformed or nonvoluntary human beings as experimental subjects; (4) the preparation of a request to the Appropriations Committees for reprogramming of funds, except as specified; (5) certain claims for nonemergency inpatient hospital care provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); and (6) certain services under CHAMPUS, including unreferred family counseling, special education, sexual dysfunction, and cosmetic surgery.
Permits the use of CHAMPUS funds for one wig for individuals with alopecia resulting from treatment of malignant diseases.
Prohibits the use of funds for: (1) more than 300 enlisted aides for officers; (2) excessive public affairs activities; (3) administering funds credited to the Department under provisions of the Arms Export Control Act; (4) Senior ROTC units which have had classes with insufficient enrollment; and (5) certain overnight lodging expenses when government quarters are available.
Prohibits the use of assets of the Department of Defense Military Retirement Fund for pensions of certain enlisted members of the regular forces who are transferred to the reserves.
Prohibits the use of appropriations for: (1) Central Intelligence Agency programs beyond the current fiscal year, except as specified; (2) salaries of persons who transfer unobligated or deobligated appropriations into the Reserve for Contingencies of the Central Intelligence Agency; and (3) excessive military personnel costs associated with morale, welfare, and recreation activities.
Ratifies and confirms obligations incurred in anticipation of this Act if in accordance with this Act.
Prohibits the use of appropriations for: (1) abortions except where the life of the mother would be endangered; (2) elective correction of marks or minor anatomical anomalies; (3) the purchase of insignia for resale that does not cover related expenses; and (4) the payment of anticipatory possession compensation claims to the Federal Republic of Germany other than claims under the Global Agreement.
Permits the Secretary to contract with collection agencies to recover indebtedness to the United States.
Prohibits the use of appropriations for: (1) noncompetitive contracts for studies or consulting services unless certain unique elements are present; (2) nonreimbursed medical care in the United States to foreign military or diplomatic personnel or their dependents; (3) certain second career training programs; (4) the demilitarization of surplus nonautomatic firearms less than a specified caliber; (5) certain multiyear contracts utilizing economic order quantity procurement or unfunded contingent liabilities in excess of a specified amount; and (6) excessive per diems in lieu of subsistence when an enlisted member is in a travel status.
Prohibits the use of the assets of the Department of Defense Military Retirement Fund for military pensions for certain personnel in amounts greater than those reflected after required recomputations based on partial year credits are made.
Prohibits the use of appropriations for: (1) waivers of certain cost recovery under the Arms Export Control Act unless the Appropriations Committees are given advanced notice; (2) transportation of equipment or material designated as Prepositioned Material Configured in Unit Sets (POMCUS) in Europe in excess of four division sets except as specified to maintain certain inventories at a fixed percent of established requirements; (3) the transfer of manufacturing equipment and data for military equipment to a foreign country without the prior approval of the Secretary concerned; (4) the transfer of a technical data package or any assistance from any Government-owned and operated defense plant manufacturing large caliber cannons to any foreign government; and (5) unjustified intelligence activity unless the Appropriations Committees are notified.
Requires the Advanced Technology Bomber program to be funded at a level at least equal to that provided by the conference committee.
Prohibits the use of funds for: (1) the purchase of foreign coal or coke for U.S. defense facilities in Europe when U.S. coal is available; (2) the procurement of manual typewriters from Warsaw Pact countries; (3) more than 37 Executive Schedule Positions in the Department; (4) converting certain military technician positions to nonmilitary positions in support of the reserves and the guards; and (5) imposing a civilian personnel ceiling on industrially funded activities of the Department.
Permits the transfer and merger of funds for increased pay costs for research, development, test, and evaluation.
Prohibits the use of funds for insurgent activities in Nicaragua except under certain conditions, and only if a joint resolution approving such funds is enacted.
Requires the use of Indian labor and products whenever practicable.
Prohibits the use of funds for: (1) leasing Department aircraft or vehicles to non- Federal agencies when commercial alternatives are available; (2) congressional lobbying; (3) certain multiyear leasing or chartering of vessels with excessive termination liabilities; (4) enforcing small business contract prequalification requirements; (5) selling or leasing any land which is part of Fort DeRussy, Honolulu, Hawaii; (6) the operation of more than 247 commissaries in the contiguous United States; (7) procuring certain foreign-manufactured aircraft ejection seats; (8) unemployment benefits over a specified amount; (9) the pay of certain nonmilitary Army Reserve technicians; (10) too frequent adjustments of the base period for determining comparable professional service fees in a locality under CHAMPUS; (11) shipbuilding claims arising out of events occurring more than 18 months before the claim's submission; (12) the transfer of the Department of Defense Dependents Schools to the Department of Education; (13) certain purchases of aircraft power supply cable assemblies beyond a specified percent; and (14) purchasing dogs or cats to study the medical treatment of wounds.
Prohibits the use of funds for: (1) transporting household goods to or from Alaska and Hawaii under the competitive rate program; (2) the full-scale engineering development of any major acquisition program until the Secretary certifies to the Appropriations Committees that two or more production sources are not necessary or provides a plan for the development of two or more sources; and (3) the payment of unused, accrued leave in excess of 60 days.
Limits the amount of funds which may be used for the transportation of dependent children of members stationed overseas. Directs the Department to provide free mail services for members of the armed forces stationed in Lebanon and Grenada to the same extent they are provided to U.S. armed forces engaged in military operations involving armed conflict with a hostile foreign force.
Permits the use of limited funds for travel expenses of a family of a member who dies in the line of duty to attend such member's funeral.
Prohibits the expenditure of funds for: (1) the integration of a nuclear warhead into the Joint Tactical Missile System (JTACMS); or (2) the floating storage of petroleum in non-U.S. vessels.
Earmarks funds for the Civil Air Patrol.
Permits the use of funds for removing feral burros and horses.
Prohibits the use of appropriations for continuation pay for dental officers serving in an over-manned specialty.
Permits a limited transfer of funds for health care delivery demonstration projects upon notification of Congress by the Secretary of such transfer.
Transfers certain naval facilities at the former Brooklyn Naval Shipyard to the Army for use by the Army National Guard.
Prohibits the use of funds for the consolidation or conversion of certain heating facilities to district heating systems in defense installations in Europe.
Prohibits the construction of any U.S. military vessel in a foreign shipyard.
Expresses the sense of Congress that the Secretary should award defense contracts in FY 1985 to the extent possible to contractors who agree to carry out such contracts in labor surplus areas.
Prohibits the availability of funds for any country certified by the President to Congress as failing to take adequate measures to prevent the illegal sale to U.S. personnel or the unlawful entry into the U.S. of narcotic drugs or other controlled substances illicitly produce and are transported through such countries.
Expresses the sense of Congress that competition should be increased in providing for our national defense.
Prohibits the use of funds for contracting out activities performed by the Defense Personnel Support Center, Philadelphia, Pennsylvania, unless the Appropriations Committees receive the results of a cost analysis of such action.
Prohibits the obligation of funds to test against an object in space the miniature homing vehicle (MHV) anti-satellite warhead launched from an F-15 unless the President certifies to Congress that certain conditions have been met, including a good-faith effort to negotiate with the Soviet Union a mutual and verfiable agreement with the strictest possible limitations on anti-satellite weapons consistent with U.S. national security interest. Limits the use of funds in FY 1985 to three tests of the MHV.
Declares that it is the sense of Congress that U.S. Armed Forces should not be introduced into or over Central America for combat. Urges the President to consult with Congress first before making any decision to introduce U.S. troops, if he believes changed circumstances require their introduction. States that any such introduction must comply with the War Powers Resolution.
Permits the obligation of Armed Forces operation and maintenance funds for humanitarian and civic assistance costs incidental to such operations. Makes such funds available for such assistance by Civic Action Teams in the Trust Territory of the Pacific Islands.
Prohibits the use of funds to compensate foreign selling costs as described in Federal Acquisition Regulation 31.205-38(b) as in effect on April 1, 1984.
Declares that it is the sense of Congress that the President shall consult with NATO members, Japan, and other appropriate allies on the research in the Strategic Defense Initiative program. Requires the Secretary of Defense to report annually to specified congressional committees on the status of such consultations.
Declares that it is the sense of Congress that the President should insist that: (1) NATO member nations meet or exceed for FY 1984-1985 their pledged increases in defense spending of at least three percent real growth; and (2) Japan further increase its defense spending for such years.
Authorizes the Secretaries of the Army and Air Force to keep in active status past the age of 60 certain officers employed as National Guard or Reserve technicians.
Prohibits the use of funds to transport any chemical munitions into the Lexington-Blue Grass Army Depot for future demilitarization.
Allows prescription of a station housing allowance ("rent plus") for uniformed service members on duty in Alaska and Hawaii. Denies a variable housing allowance to anyone who receives a station allowance.
Authorizes the Secretary of the Army to contract for up to 1,200 family housing units, in certain circumstances, at Fort Drum, New York, Fort Wainwright, Alaska, and Fort Benning, Georgia.
Limits the availability of funds to meet the unforeseen and contingent requirement of the unified and specified command of the Armed Forces.
Prohibits the obligation of funds, without prior notification to the congressional appropriations committees, to acquire certain weapons systems of European NATO manufacture for side-by-side testing with comparable U.S.-manufactured items.
Limits the apportionment of funds for certain consultant and management support services subject to requirements of the Federal Procurement Data System Individual Contract Action Report.
Allows the Secretaries to increase to 15 cents per mile the mileage allowance paid to uniformed service members.
Directs the Secretary of Defense to provide for a study to supplement and update the report entiled "Military Spouse and Family Issues, Europe, 1982".
Department of Transportation and Related Agencies Appropriation Act, 1985 - Title I: Department of Transportation - Makes appropriations for FY 1985 for the necessary expenses of: (1) the Office of the Secretary of Transportation for salaries and expenses, transportation planning, research and development, and the Working Capital Fund; and (2) the Coast Guard for operating expenses, acquisition, construction and improvements, alteration of bridges, retired pay, reserve training, research, development, test and evaluation, the Offshore Oil Pollution Compensation Fund, the Deepwater Port Liability Fund, and the National Recreational Boating Safety and Facilities Improvement Fund.
Appropriates funds for the necessary expenses of the Federal Aviation Administration for: (1) operations, facilities, equipment, research, engineering, and development; (2) grants-in-aid for airports; (3) operation, maintenance, and construction at the Metropolitan Washington airports; (4) headquarters administration; and (5) the Aviation Insurance Revolving Fund.
Authorizes issuance of obligations for the aircraft purchase loan guarantee program.
Appropriates funds to the Federal Highway Administration for: (1) general operating expenses; (2) highway safety research and development; (3) highway-related safety grants; (4) railroad-highway crossings demonstration projects; (5) the auto-pedestrian separation demonstration project; (6) federal-aid highways; (7) the Right-of-Way Revolving Fund; (8) motor carrier safety and motor carrier safety grants; (9) access highways to public recreation areas on certain lakes; and (10) waste isolation pilot project roads; and (11) the intermodal urban demonstration project.
Appropriates funds to the National Highway Traffic Safety Administration for operations and research and highway traffic safety grants.
Appropriates funds to the Federal Railroad Administration for: (1) the Office of the Administrator; (2) railroad safety; (3) railroad research and development; (4) rail service assistance; (5) Conrail labor protection; (6) the Northeast Corridor improvement program; and (7) grants to the National Railroad Passenger Corporation.
Authorizes the issuance of notes to the Secretary of the Treasury for payment of loan guarantees from railroad rehabilitation and improvement financing funds. Sets the ceiling of FY 1985 total commitments to guarantee new loans for railroad rehabilitation and improvement. Authorizes expenditures for the redeemable preference shares program.
Continues the Alaska Railroad Revolving Fund.
Appropriates funds to the Urban Mass Transportation Administration for: (1) administrative expenses; (2) research, training, and human resources; (3) discretionary grants; (4) formula grants; (5) liquidation of contract authorization; (6) the Washington Metro; and (7) interstate transfer grants.
Appropriates funds to: (1) the Saint Lawrence Seaway Development Corporation for administrative expenses; (2) the Office of the Inspector General for salaries and expenses; and (3) the Research and Special Programs Administration.
Title II: Related Agencies - Makes appropriations for the necessary expenses of: (1) the Architectural and Transportation Barriers Compliance Board; (2) the National Transportation Safety Board; (3) the Civil Aeronautics Board for salaries and expenses and payments to air carriers; (4) the Interstate Commerce Commission for salaries and expenses and payments for directed rail service; (5) the Panama Canal Commission for operating expenses and capital outlay; (6) the United States Railway Association; and (7) the Washington Metropolitan Area Transit Authority for interest payments.
Title III: General Provisions - Makes appropriations available to the Department of Transportation for maintenance and operation of aircraft, hire of passenger motor vehicles and aircraft, purchase of liability insurance for motor vehicles operating in foreign countries on official business, and uniforms or uniform allowances.
Permits the apportionment of funds appropriated for the Panama Canal Commission to the extent necessary to permit of pay increases.
Makes funds available to the Federal Aviation Administration (FAA) to provide for the expenses of primary and secondary schooling for dependents of FAA personnel stationed outside the United States when the Secretary of Transportation determines that adequate schooling is unavailable in the locality and that adequate schools are not accessible by public transportation.
Prohibits the use of appropriated funds under this Act for formula grants for urban mass transit unless the applicants for such grants assure the Secretary that rates charged elderly and handicapped persons during nonpeak hours do not exceed one-half the rates applicable to other persons at peak hours.
Prohibits the use of appropriated funds for the planning or construction of rail-highway crossings at the School Street crossing in Groton, Connecticut, and the Broadway Extension Crossing in Stonington, Connecticut.
Prohibits the use of appropriated funds: (1) to plan or execute any program to compensate non-Federal parties intervening in regulatory or adjudicatory proceedings under this Act; or (2) to assist any State in imposing mandatory State inspection fees or sticker requirements on vehicles lawfully registered in another State, including certain vehicles engaged in interstate commercial transportation.
Prohibits appropriated funds from being available beyond the current fiscal year unless expressly so provided.
Provides that contract authority for discretionary grants shall be available for obligation through FY 1988.
Prohibits the use of funds for the planning or implementation of any change in the current Federal status of the Transportation Systems Center.
Limits the use of appropriated funds for consulting services to those contracts that are a matter of public record and available for public inspection and those contracts included in a publicly available list.
Prohibits the use of such funds to lower the annual passenger ceiling at Washington National Airport.
Sets forth restrictions with respect to the distribution of Federal-aid highway funds for FY 1985.
Appropriates such sums as may be necessary for programs, projects, or activities provided for in the Treasury, Postal Service and General Government Appropriations Act, 1985 (
H.R. 5798
) as provided (with certain exceptions) for in the conference report and joint explanatory statement as passed by the House on September 12, 1984, as if such Act had been enacted into law.
Directs the Department of the Treasury to consolidate the operations of the Bureau of Government Financial Operations according to specified guidelines.
Declares that it is the sense of the Congress that: (1) voter registration drives should be encouraged by governmental entities; and (2) voter registration drives conducted by State governments on a nonpartisan basis do not violate the provisions of the Intergovernmental Personnel Act.
Makes continuing appropriations for FY 1985, at the current rate (unless otherwise specified), for certain: (1) Public Health Service activities; (2) refugee and entrant assistance activities; (3) foster care and adoption assistance; (4) emergency immigrant education activities; and (5) activities under the Follow Through Act.
Makes appropriations and funds made available and authority granted pursuant to this joint resolution available from October 1, 1984 until enactment into law of the appropriate appropriation, or enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or September 30, 1985, whichever first occurs.
Declares that appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period of availability under this joint resolution.
Charges expenditures made pursuant to this joint resolution to the applicable appropriation, fund, or authorization whenever a bill in which it is contained is enacted into law.
Authorizes the apportionment of appropriations to the extent necessary to permit pay increases to civilian officers and employees and to active and retired military personnel.
Extends the Federal Emergency Management Agency's Federal Crime Insurance program through FY 1985.
Appropriates funds to the city of Akron, Ohio, to refinance the bond debt of its recycle energy system. Limits such sum to not more than 60 percent of such debt.
Requires the Federal Emergency Management Agency to submit to Congress no later than June 1, 1985, a compilation of major findings and recommendations which might to taken to modernize and strengthen the defense industrial base of the United States.
Appropriates a specified amount to the Veterans' Administration revolving fund for certain loan guaranty and insurance operations.
Provides that upon the completion of each contract on behalf of qualified tenants on a State-aided, noninsured rental housing project, the balance of the contract authority provided in appropriation Acts for such contract shall be rescinded.
Makes any amounts of authority for rent supplement contracts under the National Housing Act, or for low income rental and cooperative housing under the Housing and Urban Development Act of 1965, which would otherwise become available at the time of cancellation as a result of a foreclosure action, or a transfer of a deed, of a State-aided, noninsured rental housing project, available for such project for the balance of the term remaining at the time of cancellation. Directs the Secretary of Housing and Urban Development to offer to execute new contracts.
Makes certain low-income housing recaptured budget authority available for dwelling units in the Carmel Plaza North Project, in the District of Columbia.
Amends the Small Business Act to require the Administrator of Small Business to treat recent El Nino-related ocean conditions as a disaster for disaster loan purposes.
Requires the Administrator of the Environmental Protection Agency to reimburse the owners of the Rocky River Wastewater Treatment Plant in Rocky River, Ohio, for the cost of plant construction.
Increases for FY 1985 the limitation on the maximum payments that may be required in any fiscal year by all contracts entered into under the National Housing Act concerning rental and cooperative housing for lower income families. (Previously reduced for FY 1985 by $7,631,000, such limitation for FY 1985 is now reduced by only $4,331,000, making an additional $3,300,000 available.)
Requires the head of any Federal department or agency for FY 1985 to enter into commitments to guarantee or insure loans pursuant to a loan program in the full amount provided by law, subject only to: (1) availability of qualified applicants for such guarantee or insurance; and (2) limitations on such amount contained in appropriation Acts.
Appropriates additional funds to cover the interest expenses incurred in borrowings by the Secretary of Housing and Urban Development (HUD) from the Treasury that are necessary to extend direct loans to local public housing agencies. States that interest rates on direct loans made necessary by a failure to publicly sell tax-exempt public housing agency obligations shall be comparable to the interest rates on such obligations.
Prohibits the use of any funds by the U.S. Customs Service to propose or promulgate any rule or regulation relating to the subject matter of the Advance Notice of Proposed Regulations published in the Federal Register on July 21, 1983. Declares that nothing shall prevent the expenditure of funds to propose any rule or regulation relating to duty-free stores which implements or conforms to statutory standards hereafter enacted by Congress.
Amends the Small Business Investment Act to require that the guarantee of payment authorized in the case of pollution control facilities or property be issued when such property is acquired with proceeds from industrial revenue bonds which provide the holders tax-exempt interest. Prohibits the Small Business Administration from denying such a guarantee. Provides that annual fees for such guarantees shall not be less than one percent or more than three and one-half percent.
Declares that of the funds appropriated to the Department of State in Public Law 97-257 a specified amount for "salaries and expenses" and "acquisition, operations and maintenance of buildings abroad" shall remain available until September 30, 1985.
Directs the Administrator of the General Services Administration to provide additional funds from the Federal Buildings Fund for repairs and alterations of Blair House.
Appropriates funds to Arizona for expenses in connection with the San Luis, Arizona Border Station.
Authorizes the Secretary of the Treasury to pay to specified individuals a certain amount in full settlement of all claims against the United States for damages arising in connection with flooding resulting from release of excess amounts of waters from the Stockton Dam and Reservoir.
Rescinds the designation of the St. Louis, the Alton-Granite City, Illinois, and the East St. Louis-Belleville, Illinois, primary metropolitan statistical areas. Requires that no action be taken to designate such three primary metropolitan statistical areas as a consolidated metropolitan statistical area. Directs the Director of the Office of Management and Budget (OMB) to designate a single St. Louis Metropolitan Statistical Area comprised of St. Louis and specified counties in Missouri and Illinois.
Repeals the requirement for consent of the Senate to payment of travel and transportation expenses for new appointees, student trainees, and transferred employees of the Federal government.
Makes appropriations or other funds available to an agency for administrative expenses available for the reimbursement of substantially all of the Federal, State, and local income taxes incurred by an employee, or spouse, for any moving or storage expenses furnished in kind, or for which reimbursement or an allowance is provided.
Authorizes each Federal agency to enter into contracts to provide relocation services to agencies and employees for relocation services.
Amends Federal law relating to clerical assistance to Senators to make certain provisions nonapplicable to Senate employees.
Permits the Secretary of the Department of Transportation to grant an exemption for the January 1, 1985, deadline for compliance with Federal law regarding international operations at Miami International Airport, if an applicant for such exemption commits itself to compliance contracts prior to January 1, 1985. Applies this provision only to flights at Miami International Airport (Florida) and Bangor International Airport (Maine) (but not to flights serving both airports).
Makes any unexpended balances of funds appropriated by the Department of Transportation and Related Agencies Appropriation Act of 1984, for employee protection under the Rock Island Railroad Transition and Employee Assistance Act available April 1985.
Limits the amount of funds that may be obligated in FY 1986 for State and community highway safety.
Makes funds available for a national program to encourage the use of automobile safety belts and passive restraints.
Authorizes the Secretary of Transportation to grant release from any of the terms, conditions, reservations, and restrictions contained in a deed of conveyance dated July 30, 1948, under which the United States conveyed certain property to the city of Flagstaff, Arizona for airport purposes. Subjects any such release to specified conditions.
Appropriates funds to carry out a series of highway projects in the vicinities of Pontiac and East Lansing, Michigan.
Directs the Secretary of the Treasury to waive the alternate design requirements, specified in "Alternate Design for Bridges Policy Statement", to allow construction of a steel deck tied arch option only, for the Smith Avenue High Bridge, St. Paul. Minnesota.
Appropriates funds to reconstruct the Great Point Lighthouse on Nantucket Island, Massachusetts, at the site designated by the U.S. Coast Guard.
Appropriates additional funds for the Agricultural Research Service, U.S. Department of Agriculture.
Appropriates additional funds for salaries and expenses of the Food and Drug Administration to carry out the Drug Price Competition and Patent Term Restoration Act of 1984 and for activities related to acquired immune deficiency syndrome.
Appropriates sums from the remaining balances of FY 1984 funds for the Commodity Supplemental Food Program for the purpose of setting unresolved administrative funding claims associated with the handling of regular and bonus commodities distributed by the Commodity Supplemental Food Program operators in FY 1982.
Requires that funds appropriated to carry out the Food Stamp Act of 1977 be used in a manner to ensure that, under the food stamp program, households certified as eligible are issued an allotment that reflects the full cost of the thrifty food plan, adjusted to reflect the changes in cost of such plan for the 12 months ending June 30, 1984.
Permits payment under the Social Security Act for care provided by certain hospices during FY 1985-1986 on the same basis as payments made to such hospices under the hospice demonstration project during FY 1984.
Appropriates funds to carry out the provisions of
S. 2456
(Commission on the Ukraine Famine Act), as passed by the Senate on September 31, 1984.
Prohibits the use of any funds for the U.S. proportionate share for any "post adjustment allowance" for United Nations employees of any United Nations organization implemented after July 31, 1984, or for any such adjustment which is calculated by using a methodology not used before January 1, 1984.
Appropriates additional amounts to the Department of State, Administration of Foreign Affairs. Requires the Department to report to Congress every 30 days concerning the obligation of such funds.
Amends the Central Intelligence Agency Act of 1949 to permit the Director to authorize Agency personnel within the United States to perform the same functions as special policemen of the General Services Administration perform.
Declares that it is the sense of Congress that the numbers, status, privileges, travel, accommodations, and facilities within the United States of official representatives of any foreign government that engages in intelligence activities within the United States harmful to national security should not exceed the respective numbers, status, privileges and immunities, travel, accommodations, and facilities within such country of official representatives of the United States.
Amends the State Department Basic Authorities Act of 1956 to provide for a Deputy Director of the Office of Foreign Missions.
Declares that Federal employees furloughed as a result of the lapse of appropriations from midnight October 3, 1984, until the enactment of this Act, will be compensated at their standard rate of compensation.
Amends the District of Columbia Self-Government and Governmental Reorganization Act to modify the procedure by which Congress reviews an act passed by the District of Columbia City Council or an amendment to the District of Columbia Charter.
Makes an amendment to the Charter effective after 35 days following its submission to Congress unless a joint resolution of disapproval has been enacted and presented to the President. (Under current law, a charter amendment becomes effective within 35 days of its submission to Congress only if Congress enacts a concurrent resolution approving it.)
Provides that resolutions of the City Council shall be used to approve or disapprove proposed actions of a kind historically or traditionally transmitted by the Mayor or various Boards or Commissions. (Under current law, resolutions are used to express simple determinations or directions of the Council.)
Makes an act of the City Council effective after 30 days following transmittal to Congress unless a joint resolution of disapproval has been enacted and presented to the President. (Currently, an act of the Council becomes effective only if both Houses of Congress do not adopt a concurrent resolution of disapproval.)
Makes an act of the City Council with respect to criminal law and procedure effective after 60 days (currently 30 days) following transmittal to Congress unless a joint resolution of disapproval has been enacted and presented to the President.
Amends the District of Columbia Retirement Reform Act to require both Houses of Congress to adopt a joint resolution before any report submitted by the Retirement Board may be rejected. (Currently, either House of Congress may reject a report by a simple resolution.)
Title II: Comprehensive Crime Control Act of 1984
- Chapter I - Bail - Bail Reform Act of 1984 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures.
Retains executions of a money bond as a condition for pretrial release.
Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination.
Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours.
Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person.
Authorizes a judicial officer to order detention for up to ten days: (1) if a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community; or (2) if such person is not a U.S. citizen.
Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years' imprisonment; (4) a serious risk of flight or obstruction of justice; or (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated.
Authorizes a judicial officer after such a hearing to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community.
Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person.
Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.
Authorizes a U.S. attorney to appeal a release order. Allows a defendant to file a motion for amendment of a condition of release.
Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing.
Establishes mandatory additional penalties for commission of an offense while on pretrial release.
Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court.
Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination.
Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions.
Chapter II: Sentencing Reform - Sentencing Reform Act of 1984 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment.
Requires the court to impose a sentence within the range set forth by the United States Sentencing Commission, if one has been issued, unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range.
Authorizes imposition of a term of probation for all felonies and misdemenaors. Requires as mandatory conditions of probation that the defendant: (1) not commit another Federal or State crime; and (2) make restitution if practical. Enumerates 20 discretionary conditions. Permits a court to require as a condition the disqualification of a director or officer of a business if the offense arises out of his or her employment.
Sets forth revocation procedures for violations of a sentence of probation.
Provides that a defendant who is found guilty of an offense may be ordered to make restitution. Establishes a special note rule under which a defendant may be ordered to notify readily identifiable victims of fraud or other intentionally deceptive practices for purposes of restitution.
Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Provides for the collection of criminal fines.
Sets maximum terms of imprisonment for five classes of felonies (A to E), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment.
Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, youth adult offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines.
Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking.
Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence.
Establishes a Sentencing Guidelines Commission within the Judicial Conference of the United States. Directs the Commission to recommend sentencing guidelines to the Judicial Conference. Directs the Judicial Conference to prescribe sentencing guidelines for Federal courts to use in determining appropriate sentences. States that the purpose of such guidelines is to: (1) promote fairness and certainty in sentencing; (2) eliminate unwarranted disparity in sentencing; and (3) improve the administration of justice. Provides that guidelines shall take into account the nature and circumstances of the offense and the history and characteristics of the defendant.
Eliminates the parole system. Provides a program of supervised release for prisoners sentenced to a term of imprisonment of more than one year.
Places limitations on certain restrictions against participation by convicted persons in federally-provided benefits programs or certain Federal activities such as voting or employment with a Federal, State, or local government agency.
Repeals the Federal Youth Corrections Act.
Sets forth new procedures with regard to treatment for narcotic addicts.
Provides for congressional review of the operation of the sentencing system after receipt of a study by the General Accounting Office.
Expresses the sense of the Senate that in the two years preceding the enactment of the sentencing guidelines, Federal judges in determining the particular sentence to be imposed should consider: (1) the nature and circumstances of the offense and the history of the defendant; (2) alternatives to imprisonment; and (3) the appropriateness of imprisonment in cases in which the defendant has been convicted of a crime of violence or a serious offense.
Chapter III: Forfeiture - Comprehensive Forfeiture Act of 1984 - Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; and (2) real and tangible and intangible personal property.
Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers.
Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced.
Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be entered without notice to the affected party.
Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Allows the Attorney General to establish regulations governing the restitution and disposition of forfeited property.
Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and disposition of property.
Creates a rebuttable presumption of forfeitability of certain property.
Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property.
Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property.
Sets forth procedures for an ancillary hearing to resolve third party claims. Makes it unlawful to invest the income of a felony drug violation.
Permits the forfeiture action to be brought in the district in which the defendant is found or is being prosecuted.
Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to allow the Attorney General to transfer drug-related forfeited property to other Federal, State or local agencies.
Establishes within the United States Treasury the Department of Justice Assets Forfeiture Fund to pay for maintenance of forfeited property, awards to informants, and valid liens and mortgages against such property.
Amends the Tariff Act of 1930 to provide for the seizure of vessels, vehicles, merchandise or baggage valued at $100,000 or less. Requires written notice of such seizure to all interested parties. Increases the surety bond for any person claiming interest in the seized property to $5,000, or ten percent of the value of the claimed property, whichever is less.
Establishes in the Treasury the Customs Forfeiture Fund to pay for maintenance of forfeited property and awards to informants.
Requires the deposit in such Fund of all proceeds from the sale and disposition of property forfeited under custom law.
Allows for the retention of forfeited property for official use or for transfer to other Federal, State or local governmental agencies assisting in related Federal law enforcement.
Increases from $50,000 to $150,000 the award of compensation given to informers for information leading to forfeiture.
Grants customs officers arrest authority and the right to carry firearms.
Repeals provisions of the Internal Revenue Code dealing with customs officers' law enforcement authority to conform to this Act.
Provides that seizures of property effected by customs officers shall be governed by this Act.
Chapter IV: Offenders with Mental Disease or Defect - Insanity Defense Reform Act of 1984 - Amends the Federal criminal code to make it an affirmative defense to a Federal prosecution that at the time of the commission of the acts constituting the offense, the defendant, as a result of mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Authorizes a special verdict of "not guilty only by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as currently provided. Establishes a new civil commitment procedure for persons found not guilty only by reason of insanity. Prohibits expert witness opinion in court as to the mental state of the defendant when the crime was committed.
Chapter V: Drug Enforcement Amendments - Controlled Substances Penalties Amendments Act of 1984 - Increases the fine levels for drug trafficking. Increases the penalties for trafficking in large amounts of controlled substances. Provides increased penalties for distributing controlled substances in or near a school. Amends the Controlled Substances Act to allow the Attorney General to place an uncontrolled substance under temporary controls which provide for registration, recordkeeping and criminal penalties.
Dangerous Drug Diversion Control Act of 1984 - Amends the Controlled Substances Act to allow the Attorney General to place an uncontrolled substance under temporary controls which provide for registration, recordkeeping, and criminal penalties in order to avoid imminent hazard to the public safety. Sets forth the procedure for issuing a temporary control order. Authorizes the Attorney General to exempt certain compounds, mixtures, or preparations from control.
Provides that persons who dispense controlled substances shall obtain from the Attorney General a registration for a period of not more than three years.
Allows the Attorney General to deny, suspend, or revoke a registration if such registration is inconsistent with the public interest. Establishes authority for the Attorney General to take control of drugs when a registration expires or a registrant ceases doing business in the manner the registration contemplates. Requires registrants to notify the Attorney General of a change of address.
Raises the penalties for criminal offenses involving manufacturing or distributing schedule II nonnarcotic substances. Makes it a Federal offense to knowingly obtain controlled substances by use of an expired registration number.
Authorizes the Attorney General to assist State and local governments in suppressing the diversion of controlled substances from legitimate medical, scientific, and commercial channels.
Provides for forfeiture of controlled substances possessed in violation of such Act.
Amends the Controlled Substances Import and Export Act to allow the Attorney General to authorize the importation of certain narcotic raw materials (opium, poppy straw, and coca leaves) necessary for medical or scientific purposes. Revises the importation requirements for narcotic and nonnarcotic substances. Makes changes in the registration requirements for importers and exporters of controlled substances. Allows the Attorney General to deny, revoke, or suspend a registration taking into consideration the public interest and international obligations. Makes it unlawful to export controlled substances from the United States without the required proof that the export does not violate the law of the importing country.
Chapter VI - Division I, Justice Assistance - Justice Assistance Act of 1984 - Amends title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Justice System Improvement) to eliminate the Law Enforcement Assistance Administration, including the Office of Community Anti-Crime Programs and the Office of Justice Assistance, Research, and Statistics. Retains the Bureau of Justice Statistics and the National Institute of Justice. Establishes a new Office of Justice Programs (OJP), to be headed by an Assistant Attorney General.
Repeals authority for a Bureau of Justice Statistics Advisory Board.
Establishes a Bureau of Justice Assistance to develop and set priorities for technical assistance and training programs for State and local criminal justice agencies. Directs the Bureau to make grants to such agencies for programs that address critical problems of violent and serious crime and for programs which have been certified successful. Enumerates 18 purposes for the awarding of these grants.
Limits the Federal share of the grant programs to a period of four years and includes a cash match requirement.
Eliminates the current national priority grant programs.
Retains the discretionary grant program. Limits the purposes of discretionary grants to: (1) educational and training programs for criminal justice personnel; (2) the provision of technical assistance; (3) national demonstration programs which are likely to be successful but unlikely to be funded; and (4) national programs to improve the performance of criminal justice agencies.
Authorizes the Director of the Bureau to make grants to States, local governments, and combinations of local governments to assist in: (1) the construction of correctional facility projects; and (2) planning to relieve overcrowding and substandard conditions in correctional facilities. Sets the level of Federal assistance at up to 20 percent of facility construction costs and up to 50 percent of planning costs. Requires construction projects to be prototypes of economical new methods and designs. Requires the Director to establish and operate an information clearinghouse on the construction and modernization of correctional facilities.
Authorizes the Director of the Federal Bureau of Investigation to develop and conduct programs for training State and local criminal justice personnel at the FBI National Academy at Quantico, Virginia. Authorizes the Secretary of the Treasury to establish and conduct similar training programs at the Federal Law Enforcement Training Center at Glynco, Georgia.
Provides for rules, regulations, procedures, and other administrative authorities of the OJP, the Bureau of Justice Assistance, the Office of Juvenile Justice and Delinquency Prevention, the Bureau of Justice Statistics, and the National Institute of Justice. Requires annual reports by each such office, bureau, and institute to the President and the Congress. Authorizes appropriations for FY 1985-1988.
Directs the Bureau of Justice Assistance to pay a $50,000 benefit to specified survivors of a public safety officer (law enforcement officer or firefighter) who dies as the direct and proximate result of injury in the line of duty.
Increases from seven to 20 the number of prison industry projects designated by the Bureau of Justice Assistance. Permits the use of materials produced by convict labor in Federal highway construction.
Amends the Federal criminal code relating to fraud in connection with identification documents to require that common descriptive terms and formats be designed to reduce redundancy found in various identification systems and to facilitate positive identification of bona fide holders of such documents.
Requires the President, after consultation with Federal, State, local and international authorities, to make recommendations to Congress within three years on comprehensive Federal identification systems.
Provides for Federal assistance to States or parts of States when it is necessary to make an adequate response to a law enforcement emergency.
Division II - Amendments to the Juvenile Justice and Delinquency Prevention Act of 1974 - Juvenile Justice, Runaway Youth, and Missing Children's Act Amendments of 1984 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to make technical changes with regard to the Act's findings, purpose, and definitions.
Makes changes in the Act so that it is neutral as to sex.
Decreases the authorized appropriations from $500,000 to $200,000 for the Coordinating Council on Juvenile Justice and Delinquency Prevention.
Terminates the National Advisory Committee for Juvenile Justice and Delinquency Prevention.
Revises certain requirements imposed on State plans receiving formula grants under the Act, including the involvement of family members in programs addressing the delinquency-related problems of juveniles and the provision of treatment to juveniles with a dependence on alcohol or drugs.
Requires that State plans provide that no juvenile shall be detained or confined in any jail or lockup for adults except in certain cases of juveniles accused of nonstatus offenses who are awaiting an initial court appearance within 24 hours of custody.
Revises the allocation of funds for grants and contracts with public and private non-profit agencies, organizations, or institutions, or individuals for certain activities and projects. Requires programs selected for such grants to be selected through a competitive process. Requires the Administrator to announce publicly the availability of funds for such assistance.
Requires that the notification of grants and contracts and the applications for such grants be transmitted to the Chairman of the Committee on Education and Labor of the House of Representatives and the Chairman of the Committee on the Judiciary of the Senate.
Requires the Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention, to provide for a biennial national conference for the purpose of disseminating information, data, standard techniques, and program models.
Authorizes appropriations for FY 1985 through 1988.
Amends the Runaway and Homeless Youth Act to provide grants and assistance to programs that assist families.
Repeals the section dealing with the procedure for a reorganization plan.
Authorizes appropriations for FY 1985 through 1988.
Missing Children's Assistance Act - Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to: (1) arrange coordination among all federally funded missing children programs; (2) prepare an annual comprehensive plan to facilitate such coordination; (3) establish and operate a national toll-free telephone line for missing children; (4) establish and operate a national resource center and clearinghouse; and (5) compile and disseminate an annual summary of recent research and demonstration projects.
Establishes an Advisory Board on Missing Children to advise the Administrator and the Attorney General and to approve the annual comprehensive coordination plan.
Authorizes the Administrator to make grants and contracts for research, demonstration projects, and service programs.
Authorizes appropriations for FY 1985-1988.
Chapter VII: Surplus Federal Property Amendments - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to transfer to any State or local government surplus property determined by the Attorney General to be required for correctional facility use.
Requires the Administrator to report annually to Congress on the acquisition cost of all donated personal property and real property disposed of during the preceding fiscal year.
Chapter VIII: Labor Racketeering Amendments - Amends the Labor Management Relations Act, 1947 (Taft-Hartley Act) to increase penalties for specified violations of restrictions on financial transactions. Makes violations involving more than $1,000 felonies punishable by up to $15,000 in fines and/or five years' imprisonment.
Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Labor-Management Reporting and Disclosure Act of 1959 to revise prohibitions against persons guilty of criminal offenses from holding specified offices or positions involving employee benefit plans, labor organizations, or labor relations consultation to employer organizations. Increases the types of positions from which an individual is barred upon conviction of enumerated crimes. Requires immediate removal of such individual upon conviction (rather than after appeal) of enumerated crimes and crimes relating to the position. Increases, from five years to 13 years, the time during which a convicted individual is prohibited from holding such offices or positions, but permits a lesser period to be set by the sentencing court under specified circumstances. Prohibits any person from knowingly hiring, retaining, employing, or otherwise placing any other person to serve in a capacity in violation of such prohibitions. Raises, from one year to three years, the maximum time of imprisonment for violations of such prohibitions.
Provides that any salary payable but for such prohibitions shall be placed in escrow pending final disposition of any appeal.
Sets forth the responsibility of the Secretary of Labor to detect and investigate violations of ERISA and other provisions for protecting employee benefit rights, without precluding such detection and investigation by another appropriate Federal agency.
Chapter IX: Currency and Foreign Transactions Reporting Act Amendments - Increases penalties for currency violations and authorizes payments of rewards for information leading to the recovery of a criminal fine, civil penalty, or forfeiture. Allows U.S. Customs agents to conduct border searches relating to currency offenses.
Chapter X: Miscellaneous Violent Crime Amendments - Provides Federal jurisdiction over murder-for-hire and crimes in aid of racketeering activity.
Makes it a Federal offense to solicit an individual to commit a felony that has as an element the use or threatened use of physical force against the person or property of another.
Revises the felony-murder rule.
Provides minimum mandatory sentences for the use of firearms during a Federal crime of violence. Allows for an additional mandatory sentence for the use of armorpiercing bullets in the course of Federal crimes.
Makes it a Federal offense to kidnap or assault Federal officers or employees in the performance of their duties, or to commit a crime against any family members of Federal officials.
Amends the Major Crimes Act, with respect to crimes in Indian country, to include the crimes of maiming and sodomy.
Increases the penalty for maiming in the special maritime and territorial jurisdiction of the United States.
Includes trucks in the definition of "motor vehicle" for purposes of the prohibition against destruction of motor vehicles.
Makes it a federal offense to knowingly and willfully damage the property of an energy facility.
Provides for criminal penalties for any individual who escapes from civil commitment.
Amends the Federal criminal code to include within the protected class, for purposes of the prohibition against arson, public safety officers injured within the course of their duty.
Makes dealing in obscene matter a Federal racketeering offense.
Requires the Department of Justice to report to Congress on the enforcement of this section.
Chapter XI: Serious Nonviolent Offenses - Makes it a Federal offense for any person to give warning of an impending execution of a search warrant.
Establishes a Federal offense regarding fraud or bribery in programs receiving Federal funds.
Makes it a Federal crime to counterfeit or forge State or corporate securities.
Revises provisions relating to receipt of stolen bank property, bribery and fraud.
Provides penalties for any inmate in a Federal penal or correctional institution who possesses any contraband article. Allows for a summary seizure and forfeiture of prison contraband by an officer or employee of the Bureau of Prisons.
Livestock Fraud Protection Act - Provides penalties for theft of livestock.
Chapter XII: Procedural Amendments - Makes certain procedural amendments allowing certain juveniles to be prosecuted as adults. Allows access to juvenile records under certain circumstances without a court order.
Amends the Omnibus Crime Control and Safe Streets Act to provide for emergency interception of wire or oral communications before an order authorizing such interception can be obtained.
Modifies the venue statute for threat offenses and certain tax offenses.
Authorizes the Attorney General to initiate a civil proceeding in a district court to enjoin a violation of the mail fraud statutes.
Authorizes a government appeal after any decision, judgment or order in a district court granting a new trial.
Witness Security Reform Act of 1984 - Amends the Federal criminal code to authorize the Attorney General to relocate and protect witnesses and their families involved in Federal or State trials of organized crime offenses. Authorizes the Attorney General to take action to protect the person from bodily injury or otherwise to assure the health, safety, and welfare of that person. States that the Attorney General shall not protect any person where the risk of danger to the public in the proposed community of relocation outweighs the need for that person's testimony.
Requires the Attorney General to establish guidelines defining the types of cases in which to exercise authority under this Act.
Requires any person protected under this Act to enter into a memorandum with the Attorney General. Requires the memorandum to set forth such person's responsibilities, including agreement: (1) if an actual or potential witness, to provide information to all appropriate law enforcement officials and to testify in all proceedings; (2) to refrain from committing any crime; (3) to take all necessary steps to avoid detection by others of the facts concerning the protection provided; (4) to cooperate with all reasonable requests of Government employees; (5) to comply with civil judgments; (6) to designate another person to act as an agent for the service of process; (7) to make a sworn statement of all outstanding legal obligations imposed by court order; and (8) to disclose any probation or parole responsibilities.
Establishes a procedure for the termination of protection upon substantive breach of such agreement. Allows an individual to file a grievance within the Department of Justice independent of the program providing protection.
Authorizes a probation officer to supervise any person provided protection under this Act who is on probation or parole under State law, provided the State involved consents to such supervision.
Provides for service of process on a protected person and compliance with a judgment in a civil proceeding.
Prohibits the relocation of a child if a party other than the protected witness has custody of the child. Requires the Department of Justice to comply with any court orders with respect to child custody and visitation. Allows for modification of such order in certain cases. Sets forth mediation and arbitration procedures with respect to child custody or visitation arrangements where a protected person is a party to a disputed order. Allows the Attorney General to seek relief from custody or visitation orders when compliance would be "substantially impossible."
Allows the Attorney General to pay restitution to, or in the case of death compensation for the death of, any victim of a crime committed by any person provided with protection. Authorizes appropriations. Directs the Attorney General to establish guidelines and procedures for making such payments.
Requires all Federal agencies to cooperate with the Attorney General in carrying out this Act. Allows the Attorney General to agree with a State government to provide protection for a person.
Establishes reemployment rights for certain United States marshals.
Establishes jurisdiction for crimes committed by or against U.S. nationals in places outside the jurisdiction of any nation.
Requires the Attorney General to report to Congress on defendants' use of the Department of Justice internal operating guidelines.
Requires the Secretary of the Treasury to provide that all social security checks contain a printed notice that the commission of forgery in conjunction with the cashing of such a check constitutes a violation of the Federal law.
Amends the Federal criminal code with regard to the admissibility of foreign records in a Federal court. Provides for the tolling of the statute of limitation in order to obtain foreign information or evidence.
Chapter XIII - National Narcotics Act - National Narcotics Act of 1984 - Establishes within the executive branch a National Drug Enforcement Policy Board chaired by the Attorney General. Requires the Chairman to advise and make recommendations to the Board concerning drug law enforcement. Authorizes the Board to develop, implement, and enforce U.S. policy with respect to illegal drugs.
Requires the Chairman to submit biannual reports to Congress on U.S. policy with respect to illegal drugs.
Amends the Drug Abuse Prevention, Treatment, and Rehabilitation Act to require the White House Office of Drug Abuse Policy to insure coordination between the Board and the health issues associated with drug abuse.
Chapter XIV - Victim Compensation and Assistance - Victims of Crime Act of 1984 - Establishes within the Treasury the Crime Victims Fund. Provides that the Fund consist of: (1) most fines collected in Federal criminal cases; (2) penalty assessments on convicted persons; and (3) proceeds of all forfeitures (appearance bonds, bail bonds and collateral) in Federal criminal cases.
Directs the Attorney General to make grants to qualified State programs for the compensation of victims of crime. Specifies criteria for a State plan to qualify for grants, including that the program: (1) offer compensation for medical expenses, loss of wages, and funeral expenses; (2) condition compensation or cooperation with law enforcement officials; (3) would not use Federal funds to supplant State funds; and (4) does not discriminate against nonresident victims.
Allows the Attorney General to make grants to the chief executive of each State for the financial support of crime assistance programs. States that such programs must have as a priority assistance to victims of sexual assault, spousal abuse or child abuse.
Requires the Federal courts to impose a penalty assessment on all persons convicted of Federal offenses.
Establishes a procedure for the special forfeiture of collateral profits of certain crimes.
Chapter XV - Trademark Counterfeiting - Trademark Counterfeiting Act of 1984 - Amends the Lanham Act and the Olympic Charter Act to establish penalties of up to five years' imprisonment and/or a $250,000 fine ($1,000,000 fine for a corporation) for trafficking or attempting to traffic in counterfeit marks.
Permits any injured owner of a mark registered on the principal register of the U.S. Patent and Trademark Office to sue for either treble claimant's damages or treble defendant's profits, whichever is greater, in Federal district court.
Chapter XVI - Credit Card Fraud - Credit Card Fraud Act of 1984 - Amends the Federal criminal code to make it a criminal offense to knowingly and with intent to defraud: (1) produce or traffic in counterfeit credit cards or other account access devices; (2) traffic in one or more unauthorized credit cards or other access devices within one year and by such conduct obtain anything of value aggregating $1,000; (3) possess 15 or more counterfeit or unauthorized access devices; or (4) produce, traffic in, or possess access device-making equipment.
Makes it an offense to attempt to commit or to be a party to a conspiracy to commit such an offense.
Increases the penalty for subsequent offenses.
Grants authority to the U.S. Secret Service to investigate offenses under this Act.
Requires the Attorney General to report annually to Congress about prosecutions under this Act during the first three years after its enactment.
Chapter XVII - Salaries of United States Attorneys - Directs the Attorney General to fix the annual salaries of United States attorneys and other specified attorneys at rates not exceeding the basic compensation rates provided for Executive Level IV of the Executive Schedule.
Chapter XVIII - Armed Career Criminal - Armed Career Criminal Act of 1984 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a mandatory sentence of 15 years and a fine of not more than $25,000 for "armed career criminals."
Applies such penalties to any person with three prior convictions who commits or threatens to commit a robbery or burglary while in possession of a firearm.
Chapter XIX - Criminal Justice Act Revision - Criminal Justice Act Revision of 1984 - Authorizes the Judicial Conference of the United States to set and modify the maximum hourly rates within a certain range which appointed counsel shall receive.
Chapter XX - Terrorism - Act for the Prevention and Punishment of the Crime of Hostage-Taking - Amends the kidnapping provisions of the Federal criminal code to include within the prohibition threatening to kill, injure, or continue to detain the kidnap victim in order to compel a third party to do or abstain from doing any act as a condition for the victim's release. Establishes a penalty of imprisonment for any term of years or life.
Aircraft Sabotage Act - Amends the Federal criminal code to make it a Federal offense to willfully: (1) set fire, damage, destroy or wreck any aircraft; (2) place a destructive device or substance in or in proximity to any aircraft in order to make it unusable or hazardous to work; (3) damage any air navigation facility; (4) damage, destroy, or disable any appliance, structure, ramp, landing area or property used in connection with the operation or maintenance of any such aircraft; (5) incapacitate or use violence against any individual on such aircraft; (6) communicate false information endangering the safety of such aircraft; or (7) attempt to accomplish any of the above. Provides for a fine of not more than $100,000 or imprisonment for not more than 20 years or both.
Establishes a separate offense with regard to using violence against any individual on board or destroying or damaging an aircraft registered in a country other than the United States.
Amends the Federal Aviation Act of 1958 to revise the definition of "special aircraft jurisdiction of the United States."
Makes it a Federal criminal act to impart or convey threats dealing with the destruction of aircraft, motor vehicles, trains or vessels.
Amends the Federal Aviation Act of 1958 to provide civil and criminal penalties for conveying false information in regard to aircraft piracy, crimes on aircraft, and interference with flight crew members.
Prohibits any person, except authorized law enforcement officers or Government employees, from carrying a concealed or dangerous weapon in flight.
Increases the criminal fines for certain aircraft violations.
Chapter XXI - Access Devices and Computers - Counterfeit Access Device and Computer Fraud and Abuse Act of 1984 - Amends the Federal criminal code to establish a new offense of fraud in connection with computers. Makes it a criminal offense to knowingly access a computer without authorization or to access a computer with authorization for unauthorized purposes and obtain certain information classified under the Atomic Energy Act of 1954 or certain financial records covered by the Right to Financial Privacy Act of 1978.
Prohibits the unauthorized use of a computer when such conduct modifies, destroys, discloses information or prevents the authorized use of a computer operated for or on behalf of the U.S. government.
Makes it an offense to attempt to commit or to be a party to a conspiracy to commit such an offense.
Increases the penalty for subsequent offenses.
Grants authority to the U.S. Secret Service to investigate offenses under this Act.
Requires the Attorney General to report annually to Congress about prosecutions under this Act during the first three years after its enactment.
Chapter XXII - Authorizes every State, as part of a comprehensive statutory system to eliminate the threat of pervasive racketeering activity in affected industries, to enact and enforce laws (applying equally to employers, employees, and collective bargaining representatives) which govern service in any local labor organization acting or seeking to act in the State as a collective bargaining representative under the National Labor Relations Act in such an industry.
Chapter XXIII - Amends Federal law to authorize the sentence of an alternative fine of up to twice the proceeds of a violation of the Controlled Substances Act or the Controlled Substances Import and Export Act, or the Racketeering Influenced and Corrupt Organization chapter of title 18.
Authorizes the use of the proceeds from the sale of forfeited property to be placed in a fund to maintain seized property, to purchase evidence, and to retro-fit seized and forfeited conveyances for law enforcement purposes.
Title III: President's Emergency Food Assistance Act of 1984
- President's Emergency Food Assistance Act of 1984 - Establishes the President's Emergency Food Assistance Fund for the purpose of alleviating the human suffering of peoples outside the United States caused by acute food shortages.
Authorizes appropriations of $50,000,000 for FY 1985 and 1986.
Requires the President to report annually concerning all activities funded under the authority of this title during the previous year.
Amends the Agricultural Trade Development and Assistance Act of 1954 to provide for the transportation and storage of commodities for urgent and extraordinary relief requirements.
Title IV
- Appropriates funds for title XX of the Social Security Act for training with respect to the prevention of child abuse in child care settings and establishing Federal matching grants to encourage State trust funds or appropriations for child abuse and neglect prevention activities.
Sets forth reporting requirements for such programs.
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Bill titles: A joint resolution making continuing appropriations for the fiscal year 1985, and for other purposes.; Act for the Prevention and Punishment of the Crime of Hostage-Taking; Aircraft Sabotage Act; Armed Career Criminal Act of 1984; Bail Reform Act of 1984; Comprehensive Crime Control Act of 1984; Comprehensive Forfeiture Act of 1984; Controlled Substances Penalties Amendments of 1984; Counterfeit Access Device and Computer Fraud and Abuse Act of 1984; Credit Card Fraud Act of 1984; Criminal Justice Act Revision of 1984; Dangerous Drug Diversion Control Act of 1984; Department of Defense Appropriations Act, 1985; Department of Transportation and Related Agencies Appropriations Act, 1985; Department of the Interior and Related Agencies Appropriations Act, 1985; Foreign Assistance and Related Programs Appropriations Act, 1985; Insanity Defense Reform Act of 1984; John F. Kennedy Center Act Amendments of 1984; Justice Assistance Act of 1984; Juvenile Justice, Runaway Youth, and Missing Children's Act Amendments of 1984; Livestock Fraud Protection Act; Military Construction Appropriations Act, 1985; Missing Children's Assistance Act; National Narcotics Act; President's Emergency Food Assistance Act of 1984; Sentencing Reform Act of 1984; Trademark Counterfeiting Act of 1984; Victims of Crime Act of 1984; Witness Security Reform Act of 1984
Original source documents: Digest of the Congressional Record vol. 133, p. 12106;
Links for more info on the vote: congress.gov
