United States · United States Congress · 22 May 1985
Establishes a commission to review the precedents of the House of Representatives relating to contested elections and to study the manner in which the House determined the results of the election for the office of Representative from the Eighth Congressional District of Indiana, held November 6, 1984. Requires the commission to report to the House on its findings, including recommendations, not later than the end of the 99th Congress. Terminates such commission at the end of the 99th Congress.
United States · United States Congress · 21 May 1985
Product Liability Act of 1985 - Sets forth uniform national standards for products liability cases. Preempts inconsistent Federal and State laws. Permits action under this Act to be brought in State court or Federal court if the United States is a party or diversity jurisdiction exists. Prohibits recovery for other than commercial loss or damage to the product itself, except as otherwise provided in this Act. Sets forth basic standards of responsibility for manufacturers and product sellers other than manufacturers including wholesalers, distributors, retailers, lessors, packagers, and repairers. Establishes rules relating to proof in products liability cases with respect to Federal Government standards and contract specifications. Prohibits admission of postmanufacturing improvements except for the purpose of impeaching a witness for the product seller who denies the feasibility of such improvements. Allows a manufacturer to introduce certain precautionary measures. Provides that all product liability actions shall be governed by the principles of comparative responsibility. Specifies the manner in which damages are to be apportioned. Provides that comparative damages apply only to compensatory damages. Requires the reduction of any damage award by the amount of workers' compensation benefits which are paid. Makes a product seller who acted with flagrant indifference to consumer safety, where the act was an extreme departure from accepted practice, liable for punitive damages. Establishes a two-year statute of limitations and a ten-year statute of repose.
United States · United States Congress · 21 May 1985
Amends title XVIII (Medicare) of the Social Security Act to permit a hospital to exempt from the prospective payment system a prolonged respiratory care unit that is a distinct unit of the hospital.
United States · United States Congress · 16 May 1985
Amends title XVIII (Medicare) of the Social Security Act to provide coverage for therapeutic shoes for individuals with severe diabetic foot disease, if the shoes are prescribed by a physician and fitted and furnished by a certified orthotist. Limits such coverage to one pair of shoes annually and $375 annually.
United States · United States Congress · 16 May 1985
Children's Protection Act of 1985 - Amends the Racketeer Influenced and Corrupt Organizations Statute to extend the Act's coverage to the sexual exploitation of children. Authorizes a civil suit for treble damages for any person injured personally or in his or her business or property. Amends the Federal criminal code with regard to the sexual exploitation of children. Makes it a Federal offense to print or publish any statement or advertisement to receive, buy, produce, display, photograph, film, print or publish any statement or advertisement to receive, buy, produce, display, photograph, film, print or record any visual depiction of a minor engaging in sexually explicit conduct. Prohibits offering participation in sexually explicit conduct with a minor. Lists factors that may be considered in determining whether a person engaged in such conduct has attained the age of 18. Provides that the Government need not establish the identify of the alleged minor in a prosecution under this section. Increases the penalties for offenses involving the transportation of minors for prohibited sexual conduct.
United States · United States Congress · 14 May 1985
Amends the Internal Revenue Code to reduce the imputation rate on seller-financed transactions from 120 percent to 100 percent of the Federal rate. Eliminates the separate testing rate for the determination of imputed interest. Directs the Secretary of the Treasury to make a determination of the Federal short-term, mid-term, and long-term rates on a monthly basis. Permits the use of a lower rate than the applicable Federal rate where such rate is based on the same principles as the applicable Federal rate and is appropriate for the term of the instrument. Provides that the rate used to test the adequacy of stated interest on the first $2,000,000 of seller financing cannot exceed nine percent. Provides that where the amount of seller financing is greater than $4,000,000, the test rate is 100 percent of the applicable Federal rate. Establishes a blended rate for sales between $2,000,000 and $4,000,000 equal to nine percent on an amount which phases out dollar-for-dollar as the amount of seller financing exceeds $2,000,000 and 100 percent of the applicable Federal rate on the excess. Provides that the $2,000,000 and $4,000,000 threshold amounts will be indexed for inflation after 1988. Allows the parties to elect to account for interest using the cash method of accounting where the transaction amount of seller-financing is not more than $2,000,000. Lengthens the recovery period for real property from 18 to 19 years.
United States · United States Congress · 9 May 1985
Authorizes the Alpha Phi Alpha Fraternity to establish a monument on Federal land in the District of Columbia to honor Martin Luther King, Jr. Subjects the Fraternity's design and plans for the monument to the approval of the Secretary of the Interior, the Commission of Fine Arts, and the National Capital Planning Commission. Directs the Secretary to: (1) select a site for the monument with the approval of the Commission of Fine Arts and the National Capital Planning Commission; (2) prohibit its construction unless sufficient funds are available for its completion; and (3) provide for the maintenance of the monument upon its completion. Provides that U.S. funds may not be used to establish the monument. Directs that the authority to establish the monument is contingent upon its construction beginning within five years.
United States · United States Congress · 9 May 1985
Expresses the sense of the House of Representatives that the United States should ratify the Convention on the Prevention and Punishment of the Crime of Genocide. Declares that the House will act expeditiously to implement this legislation.
United States · United States Congress · 8 May 1985
Major Export Market Trade Equity Act of 1985 - Extends to an otherwise ineligible nonmarket economy country nondiscriminatory treatment (most-favored-nation treatment) during any market year after 1985 if the President determines that: (1) the country either has the potential to become a major export market for U.S. products which nondiscriminatory treatment will enhance, or is already such a market; (2) during the corresponding calendar year that country will not receive nondiscriminatory treatment for its products under any other U.S. law; and (3) during the preceding calendar year that country had a negative trade balance with the United States. Requires the President to determine those nonmarket economy countries eligible for such treatment before the start of each market year after 1985 and to publish a list of such countries in the Federal Register.
United States · United States Congress · 8 May 1985
McIntyre House Reform Amendments - Title I - Amends rule X of the Rules of the House of Representatives to require each standing committee, not later than March 1 in the first session of a Congress, to adopt its oversight plans in a meeting open to the public. Requires the committees to submit such plans to the Committee on Government Operations, which shall, not later than March 15 in the first session of a Congress, report such plans to the House with recommendations. Authorizes the Speaker of the House to appoint special ad hoc oversight committees to review specific matters within the jurisdiction of two or more committees. Amends rule XI to require each committee to include in its biennial report to the House a separate section summarizing its legislative and oversight activities during that Congress. Directs the Speaker of the House to initially refer each bill, resolution, or other matter to one committee of principal jurisdiction. Eliminates the Speaker's authority to refer any such matter initially to two or more committees for concurrent consideration. Requires standing committees to be elected by the House not later than five legislative days after the convening of each Congress. Requires each committee to hold its organizational meeting not later than eight legislative days after the commencement of a Congress. Requires the membership of each committee, select committee, and conference committee (and each subcommittee, task force, or subunit thereof) to reflect the ratio of majority to minority Members. Provides that such ratio be reflected for standing committees at the beginning of each Congress, and for select and conference committees at the time of appointment. Prohibits any standing committee from establishing more than six subcommittees, and any Member serving at any one time on more than four subcommittees. Defines subcommittee as any subunit of a standing committee established for a period of more than six months. Requires that motions to recess or adjourn be approved by the majority of committee members present. Prohibits the vote by any member of any committee or subcommittee from being cast by proxy. Provides that a majority of members of each committee or subcommittee shall constitute a quorum for the transaction of any business. Requires committee documents (other than reports on bills and resolutions) prepared for public distribution to: (1) be approved by such committee and an opportunity afforded for the inclusion of supplemental, minority, or additional views; or (2) contain a disclaimer in bold face type on its cover and not include the names of committee members. Exempts from such requirement committee documents that do not contain opinions, views, findings, or recommendations. Requires a committee chairman to consult with the ranking minority committee member and the appropriate subcommittee chairman before filing committee reports. Prohibits the issuance of subpoenas if the House is in recess or has adjourned. Requires the Committee on Rules, when reporting measures waiving a House rule, to include: (1) an explanation of and justification for such waiver; and (2) a summary of comments received from the Committee on the Budget regarding any proposed waiver of any provision of the Congressional Budget and Impoundment Control Act of 1974. Prohibits the House from considering any primary expense resolution until the Committee on House Administration has reported and the House has adopted a resolution establishing committee staff personnel ceilings for the year. Requires such committee to specify in any primary or supplemental expense resolution the number of staff positions authorized therein, of which not less than one-third shall be selected by minority party members. Authorizes the House to consider any supplemental expense resolution in excess of such ceiling by a vote of two-thirds of the Members present. Prohibits, in the second session of the 99th Congress, the overall ceiling for majority or minority committee staff from exceeding 90 percent of such staff employed at the end of the 98th Congress. Prohibits a standing committee from engaging a consultant or appointing a temporary staff except by majority vote, a quorum being present. Amends rule XXI to remove provisions relating to the retrenchment of expenditures in appropriation bill amendments. Amends rule XXVII to prohibit the suspension of rules to consider any matter except by the direction of the committee of jurisdiction, or at the written request of the appropriate chairman or ranking minority member. Prohibits the suspension of rules to consider: (1) any matter which would authorize budget or spending authority in excess of $50,000,000; or (2) any joint resolution proposing to amend the Constitution. Requires notice in the Congressional Record of any matter under a suspension of rules at least one day before its scheduled consideration. Requires the Clerk of the House to maintain for public inspection a copy of a discharge motion, after 100 Members have signed such motion. Amends rule XXXIV to require official reporters of the House, including committee stenographers, to take down verbatim accounts of words spoken in the House and committees. Requires that such accounts be printed in the Congressional Record or the committee transcript with only typographical, technical, or grammatical corrections authorized by the Member delivering such remarks. Prohibits substantive alteration of such accounts and provides for the extension of remarks and extraneous material in the Record. Establishes rule LI to provide for television and radio coverage of House proceedings. Establishes the House Broadcast System to provide complete and unedited audio and visual broadcast coverage of chamber proceedings while the House is in session. Prohibits the restriction of broadcast coverage except as directed in an adopted resolution or when rule XXIX (secret session) is invoked. Vests in the Speaker of the House the responsibility for implementing rule LI. Establishes a Broadcast Advisory Board, consisting of majority and minority party Members, to assist the Speaker. Vests the daily operation and supervision of the broadcast system in the Executive Committee of the Radio and Television Correspondents' Galleries. Authorizes appropriations to carry out rule LI. Declares such rule inapplicable to joint congressional sessions. Provides access to the live coverage of House proceedings to: (1) accredited television and broadcast stations, networks, services, systems (including cable systems), and radio and television correspondents; (2) Member and committee offices; and (3) such other places as the Speaker deems appropriate. Prohibits commercial sponsorship as part of the broadcast coverage, the use of such coverage in commercial advertisements, and the use of such coverage as partisan campaign material. Requires the Archivist of the United States to arrange for the recording, permanent maintenance, and viewing of such coverage for reference and research purposes. Establishes rule LII to require any task force of the Committee on House Administration that is responsible for the investigation of a disputed election to be bipartisan. Establishes rule LIII to require that one-third of committee office space be assigned to minority party committee members. Title II: Additional Reform Proposals - Directs the Committee on Rules to investigate rules X and XI with respect to revising committee operations, oversight, rules and procedures, reducing staff, subcommittees, and Member subcommittee assignments. Requires a report, by resolution, not later than the end of the first session of the 99th Congress. Directs the Speaker of the House to study and implement a scheduling system of full workweeks with regular periods for committee meetings, hearings, and House sessions for the consideration of legislation. Directs the House Commission on Congressional Mailing Standards to study the current operation of the franking privilege with a view to identifying abuses and achieving a cost savings.
United States · United States Congress · 7 May 1985
Amends the Federal criminal code to impose the death penalty or life imprisonment without the possibility of parole for first degree murders committed by prisoners serving life sentences in Federal correctional institutions. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a guilty plea that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury or the court upon motion by the defendant with the approval of the Government, when the defendant is found guilty or pleads guilty to an offense punishable by death. Eliminates the requirement for a presentence report. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the evidence and aggravating factors which the Government must prove beyond a reasonable doubt. Directs the jury or the court to consider all the information and return a special finding identifying any mitigating or aggravating factors. Conditions imposition of the death penalty on a unanimous finding by the jury (or finding by the court) that: (1) some threshold aggravating factor exists; and (2) the aggravating factors sufficiently outweigh any mitigating factor found to exist. Directs the court upon a finding that a sentence of death is justified to impose the death penalty. Requires the court, in any hearing before a grand jury under this Act, to instruct the jury in considering the death sentence to disregard the race, color, national origin, creed, or sex of the defendant. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination.
United States · United States Congress · 6 May 1985
Provides that no export of agricultural commodities shall be subject to the cargo preference requirements of the Merchant Marine Act, 1936 or the Joint Resolution requiring agricultural or other products to be shipped in vessels of the United States.
United States · United States Congress · 2 May 1985
Amends the Tariff Act of 1930 to establish a drawback (refund) procedure for the exportation of "cognate articles." Defines cognate articles as merchandise of the same general kind that has common characteristics, similar production methods, or is manufactured, produced, or purchased for resale by a cognate article business unit. Allows the drawback for imported merchandise used in the manufacture of exported cognate articles and for imported and domestic cognate articles which are exported in unchanged condition. Sets forth the method for calculation of the drawback amount. Provides that the use of this drawback precludes claims for a drawback under any other provision of law.
United States · United States Congress · 30 April 1985
Distilled Spirits Tax Payment Act of 1985 - Amends the Internal Revenue Code to allow the transfer in bond between bonded premises of distilled spirits on which tax has not been paid or determined. Allows a bonded dealer to establish a distilled spirits plant. Sets forth requirements for the operation of a distilled spirits plant by a bonded dealer. Defines "bonded dealer" as any wholesale dealer who has elected to establish a distilled spirits plant and engages in the business of purchasing distilled spirits from the primary source of supply for resale exclusively at wholesale to independent retail dealers or other wholesale dealers. Provides that every proprietor or possesser and every person interested in the premises of a distilled spirits plant shall be jointly and severally liable for the taxes imposed on distilled spirits. Authorizes the Secretary of the Treasury to make an assessment for tax on distilled spirits not accounted for by a bonded dealer. (Present law limits such requirement to a distiller.) Provides that the credit for wine content and for flavors content shall be determined and allowable as a reduction in the rate of tax on the payment of tax by the proprietor of a distilled spirits plant, bonded dealer, or other taxpayer liable for the payment of the excise tax on such products. Allows a State or political subdivision which engages in the sale of distilled spirits to file monthly returns of taxes (rather than semimonthly). Provides that the exemption from the occupational tax shall not apply to a proprietor of a distilled spirits plant whose premises are used for operations of a bonded dealer. Sets forth certain transitional rules. Provides that no domestically produced or bottled spirits in the inventory of a bonded dealer on the effective date of this Act on which the Federal excise tax has been paid shall be subject to the filing of an excise tax return and the payment of excise tax.
United States · United States Congress · 29 April 1985
Authorizes the Secretary of the Treasury to establish, move, rearrange, or discontinue any customs district or port of entry. Sets the minimum number of ports of entry at 175. Authorizes the Secretary to make any customs service available, on a reimbursable basis, at additional locations if: (1) the Secretary determines that the volume or value of business at such location is insufficient to justify the designation of that location as a port of entry; (2) the Governor of the State approves the provision of customs services on a reimbursable basis at that location; and (3) the State or local authority agrees to assume responsibility for all costs associated with such services.
United States · United States Congress · 29 April 1985
Designates the week beginning on April 13, 1986, as National Garden Week. Urges the wearing of garden flowers during that week as a symbol of appreciation for the contributions of the Nation's gardeners.
United States · United States Congress · 25 April 1985
Amends the General Headnotes of the Tariff Schedules of the United States to treat any wearing apparel article whose foreign components are assembled in a U.S. insular possession as a product of such insular possession.
United States · United States Congress · 24 April 1985
Establishes in the legislative branch of the Government the Perot Commission on Americans Missing in Southeast Asia to conduct an investigation and report to the Congress its findings with respect to the existence and the release of prisoners of war in Southeast Asia. Sets forth specified administrative procedures and powers of the Commission. Requires the Commission to terminate 30 days after the filing of its report to the Congress or on January 3, 1987, whichever occurs first.
United States · United States Congress · 23 April 1985
Authorizes the President, on behalf of the Congress, to present a gold medal honoring George Gershwin to his sister, Frances Gershwin Godowsky, and a gold medal honoring Ira Gershwin to his widow, Lenore Gershwin. Directs the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 18 April 1985
Prohibits any agency of the government from obligating or appropriating funds for the production of lethal chemical weapons. Expresses the sense of the Congress that: (1) the President should intensify efforts to achieve agreement with the Soviet Union and other countries to stop the production, proliferation, and stockpiling of lethal chemical weapons; (2) the Department of Defense should protect the armed forces against the use of lethal chemical weapons in attacks; (3) an agreement with the North Atlantic Treaty Organization must be concluded on the prepositioning of any new chemical weapons; and (4) funding of new lethal chemical weapons is unwarranted in light of the Federal budget deficit.
United States · United States Congress · 18 April 1985
Authorizes the President to call a White House Conference on Library and Information Services, to be held not later than 1989, to develop recommendations for improvement of such services and their public use. Requires that the Conference be planned and conducted by the National Commission on Libraries and Information Sciences. Authorizes the Librarian of Congress, the Director of the National Library of Medicine, and the Director of the National Agricultural Library, upon request, to detail personnel to the Commission. Requires the Conference to submit a final report to the President within 120 days following its close. Directs that the final report be made public, and within 90 days after receipt by the President, transmitted to the Congress with recommendations. Establishes an advisory committee to assist in planning and conducting the Conference. Includes among its appointed members the Secretary of Education and the Librarian of Congress. Authorizes appropriations as necessary.
United States · United States Congress · 17 April 1985
Multiemployer Pension Plan Amendments of 1982 - Amends the Employee Retirement Income Security Act of 1974 to set forth provisions relating to the applicability of multiemployer rules to trucking industry plans. Makes withdrawal liability provisions inapplicable to trucking industry plans. Repeals a special complete withdrawal rule. Makes a provision relating to transfers pursuant to a change in bargaining representative inapplicable to trucking industry plans. Makes a benefit under a trucking industry plan ineligible for the multiemployer plan benefit guarantee of the Pension Benefit Guaranty Corporation if such benefit becomes nonforfeitable before the plan year in which occurred September 2, 1974. Provides that specified provisions for adjustments in accrued benefits are not applicable to any such benefit. Amends a corresponding provision in the Internal Revenue Code. Establishes a trucking industry pension benefit guaranty fund. Sets forth provisions for premium rates, cessation of premium payments, and assessments in lieu of premiums. Exempts trucking industry plans from certain requirements if other requirements relating to merger and transfers of multiemployer plans are met. Revises provisions for special withdrawal liability rules for the building and construction industry. Revises provisions for multiemployer plans withdrawals to provide for a limitation on withdrawal liability in cases in which withdrawal results from a change in bargaining representative and a transfer of assets and liabilities is not required. Makes conforming and technical amendments. Revises provisions for conditions under which a sale of assets does not result in withdrawal liability. Revises provisions relating to effective dates and special rules. Repeals the special rule (under the Multiemployer Pension Plan Amendments Act of 1980) relating to employer withdrawals from a multiemployer plan covering employees in the seagoing industry in connection with ports on the West Coast of the United States.
United States · United States Congress · 17 April 1985
Amends the Internal Revenue Code to provide that the amount of the charitable deduction allowable for motor vehicle expenses will be determined in the same manner Federal employees determine reimbursement for business use of their vehicles.
United States · United States Congress · 17 April 1985
Amends the Internal Revenue Code to provide that the income tax deduction for charitable contributions to private foundations shall be the same as the deduction allowed for contributions to public charities (50 percent of taxpayer adjusted gross income). Eliminates distinctions between public charities and private foundations for purposes of the tax deduction for charitable contributions. Provides an exemption from the tax on taxable expenditures of a private foundation for grants to charitable organizations not exceeding a total of $15,000 for the calendar year. Permits the abatement of excise tax penalties imposed on private foundations relating to the initial tax on self-dealing. Redefines "members of family" for purposes of identifying disqualified persons under the private foundation self-dealing rules to include only the individual's spouse, ancestors, and children and the spouse of the individual's children. Classifies expenses for the production of gross investment income or for the management of investment property as qualifying distributions for purposes of calculating the undistributed income of a private foundation. Excludes capital gain income from the computation of net investment income for purposes of computing the tax on the investment income of private foundations.
United States · United States Congress · 17 April 1985
Amends the Internal Revenue Code to increase the amount of employer-paid group-term life insurance premiums which may be excluded from the gross income of employees to that amount required to purchase $150,000 of such insurance.
United States · United States Congress · 17 April 1985
Amends the Internal Revenue Code to exclude from gross income the gain from the sale or exchange of property if: (1) the taxpayer has owned and used such property as a principal residence for periods aggregating three years out of the five preceding years; or (2) the taxpayer has owned and used such property as a principal residence for periods aggregating 11 months out of the 12 preceding months. Removes the requirement that the taxpayer must be at least 55 years old. Limits the exclusion to one sale or exchange during the taxable year. Deletes the limitation on the amount of gain which can be excluded.
United States · United States Congress · 17 April 1985
Amends the Internal Revenue Code to provide that governments issuing tax-exempt securities must not have an income, franchise, or other tax on corporations which includes, as part of the tax base, items of income from sources outside the United States.
United States · United States Congress · 17 April 1985
Amends the Internal Revenue Code to revise the definition of political contribution for purposes of the income tax credit to delete the requirement that such contribution further the candidacy of the recipient.
United States · United States Congress · 15 April 1985
Employment Opportunities for Disabled Americans Act - Title I: SSI Work Incentive Provisions - Makes permanent provisions which provide benefits under title XVI (Supplemental Security Income) of the Social Security Act for individuals who perform substantial gainful activity despite a severe medical impairment. Revises the eligibility requirements for such benefits. Directs the Secretary of Health and Human Services to establish and implement procedures which provide that whenever an individual is formally notified of his or her SSI eligibility, such individual will also be notified of the availability of assistance under title XIX (Medicaid) of such Act. Directs the Secretary, when any individual receives SSI benefits on the basis of a disability, to notify such individual of his or her potential eligibility for the SSI benefits available for those performing substantial gainful activity despite a severe medical impairment. Directs the Comptroller General to conduct a study of the operation of the SSI section which provides benefits for individuals who perform substantial gainful activity despite a severe medical impairment, with the particular objective of evaluating the work incentive provisions of such section. Requires the Comptroller General to report to the Congress the findings of such study. Title II: Disabled Workers Demonstration Program - Amends the Rehabilitation Act to direct the Secretary of Education to establish grant programs to: (1) assist employers to plan, implement, operate, expand, and evaluate retention and reemployment demonstration programs for disabled workers; (2) assist employers to develop plans for the initiation or substantial expansion of a comprehensive retention and reemployment program for disabled workers; (3) assist employers to implement or substantially expand a comprehensive retention and reemployment program for disabled workers; and (4) assist employers in evaluating the effectiveness of any retention and reemployment program for disabled workers. Requires any employer requesting a grant to apply to the Secretary in such form, and at such times, as the Secretary may request. Authorizes appropriations for FY 1986 through 1992. Title III: Employment Opportunities Demonstration Program for SSI and Disability Insurance Recipients - Directs to Secretary to establish a grant program to assist the States in establishing and operating demonstration programs to promote, identify, secure, and evaluate employment opportunities for individuals receiving SSI on the basis of blindness or disability, and individuals receiving disability insurance benefits or child's insurance benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. Requires any State requesting a grant to apply to the Secretary in such form, and at such times, as the Secretary may require. Authorizes appropriations for FY 1986 through 1992.
United States · United States Congress · 4 April 1985
Children's Defense Act of 1985 - Prohibits a youth-oriented organization from utilizing the services of any individual which includes direct contact with children until such organization has inquired through the appropriate State agency and received an indication that such individual has no prior conviction of a sexual offense involving a child. Prohibits Federal agencies from extending Federal financial assistance to any youth-oriented organization which does not comply with this Act. Allows the chief legal officer of each State to establish a plan for the function of a State funneling agency to permit youth-oriented organizations to comply with this Act. Permits such plan to be submitted to the Department of Justice for the approval of the Attorney General. Establishes guidelines for State funneling agencies to receive records and information from the Federal Bureau of Investigation. Sets forth security procedures for the records and information acquired and maintained by the State. Requires States to have in effect criminal and civil penalties and remedies for any security violation or unauthorized disclosure of records or information. Requires State and local governments to promptly report to the Department of Justice convictions for sexual offenses involving children.
United States · United States Congress · 3 April 1985
Amusement Ride Safety Commission Joint Resolution - Establishes a National Commission on Amusement Ride Safety to conduct an investigation of the scope and adequacy of safety measures employed to protect the public from unreasonable risks of injuries from amusement rides. Directs the Commission to review; (1) Federal, State, and local laws; (2) voluntary safety standards; and (3) self-regulation measures. Directs the Commission to determine the uniformity of application and quality of enforcement of such laws, standards, and self-enforcement mechanisms. Directs the Commission to transmit to the President and the Congress a final report, not later than 18 months after enactment of this resolution. Grants the Commission the power to hold hearings, subpoena witnesses, and order any person to give testimony by deposition.
United States · United States Congress · 2 April 1985
Medicare and Medicaid Patient and Program Protection Act of 1985 - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to exclude from participation in programs under title XVIII (Medicare) of the Social Security Act any individual or entity: (1) convicted of a criminal offense related to the delivery of an item or service under title XVIII or under titles XIX (Medicaid), V (Maternal and Child Health Block Grant), or XX (Block Grants to states for Social Services) of such Act; or (2) convicted of a criminal offense related to neglect or abuse of patients in connection with the delivery of a health care item or service. Authorizes the Secretary to exclude from Medicare participation any individual or entity: (1) convicted of fraud with respect to any Federal, State, or locally financed health care program; (2) convicted of interferring with the investigation of health care fraud; (3) convicted of manufacturing, distributing, or dispensing a controlled substance; (4) whose health care license has been suspended or revoked; (5) suspended or excluded from participation in a Federal health care program; (6) claiming excessive charges or providing unnecessary services; (7) committing certain acts prohibited under title XI; (8) owned or controlled by an individual convicted of health care related crimes, fined for health care abuses, or excluded from Medicare or a State health care program; and (9) failing to supply certain information. Authorizes the Secretary to exclude any hospital failing to comply with corrective action required under title XVIII. Sets forth provisions relating to notice requirements, judicial review, and period of exclusion. Directs the Secretary to promptly notify each appropriate State agency administering or supervising the administration of a State health care program of each exclusion and the period of exclusion. Permits an excluded individual or entity to apply, following a period exclusion, to the Secretary for reinstatement. Sets forth provisions providing for civil and criminal penalties for acts involving Medicare or State health care programs abuse, including penalties for physician misrepresentations. Requires a State, as a condition of Medicaid plan approval, to provide for the following: (1) a system of reporting any type of adverse action concluded against any health care practitioner or entity by the State or a local licensing authority; and (2) such access to documents as may be necessary by the Secretary. Requires the Secretary to provide suitable safeguards for the confidentiality of such information. Requires any health care provider providing health care services for which payment may be made under the Act to assure that services or items furnished: (1) will be provided economically and only when, and to the extent, medically necessary; (2) will be quality services which meet professionally recognized standards of health care; and (3) will be supported by evidence of medical necessity and quality in such form and fashion and at such time as may reasonably be required by a reviewing peer review organization in the exercise of its duties and responsibilities. Permits a State to exclude from Medicaid participation any individual or entity excluded under Medicare pursuant to the patient and program protection provisions. Requires a State in order to receive Federal payments with respect to a health maintenance organization (HMO) to exclude any HMO that: (1) could be excluded because of the conviction of the owners or managers of certain crimes; or (2) contracts with any individual or entity convicted of such crimes. Prohibits Federal payments with respect to any amount expended for items or services furnished with respect to any individual or entity excluded from Medicaid participation because of the patient and program protection provisions. Prohibits a State under title V from making payments to any individual or entity excluded from participation pursuant to the patient and program protection provisions. Prohibits Federal payments with respect to any amount expended for items or services furnished with respect to any individual or entity excluded from Medicare because of the patient and program protection provisions of part A of title XI. Prohibits using a grant under title XX for payment for any item or service furnished by a person excluded from title XX participation because of the patient and program protection provisions of title XI. Revises disclosure requirements under part A of title XI. Revises Medicare provisions concerning agreements with providers. Modifies the Medicaid moratorium provisions of the Deficit Reduction Act of 1984 to consider a State's Medicaid plan to include any plan change submitted to the Secretary either before or after the enactment of that Act and whether or not approved or disapproved by the Secretary. Sets forth effective date provisions.
United States · United States Congress · 2 April 1985
Amends the Internal Revenue Code to repeal the requirement that contemporaneous records be kept to substantiate deductions for certain travel expenses, including automobile expenses, business entertainment expenses, and expenses for gifts. Repeals the requirement that tax return preparers inform the taxpayer of such recordkeeping requirements. Repeals the special negligence penalty for failure to have written confirmation from the taxpayer that records exist. Repeals any regulations issued by the Secretary of the Treasury to implement the contemporaneous recordkeeping requirements. Provides that there must be sufficient written evidence substantiating the taxpayer's own statement as to such business deductions. Excludes from the recordkeeping requirements any qualified nonpersonal use vehicle. Defines "qualified nonpersonal use vehicle" as any vehicle which, by reason of its nature, is not likely to be used more than a de minimis amount for personal purposes. Provides that an employer may elect to not withhold any tax with respect to any vehicle fringe benefit provided to an employee if the employee is notified that the employer is making such election. Requires the vehicle fringe benefit to be included on the employee's withholding statement. Reduces the amount of the limitation on the investment tax credit for an automobile from $1,000 to $675. Reduces the annual depreciation deductions that are allowed for an automobile to: (1) $3,600 depreciation in the first year (currently the limit is $4,000); and (2) $5,400 depreciation in any subsequent year. (Currently the limit is $6,000.) Provides for a one-year deferral of the annual inflation adjustment of these limits. Requires the Secretary of the Treasury to prescribe regulations by October 1, 1985, to carry out these provisions.
![Official portrait of Rep. Frenzel, Bill [R-MN-3]](https://www.congress.gov/img/member/f000380_200.jpg)