United States · United States Congress · 30 January 1985
Directs the President to: (1) secure from the Indochina nations a full accounting of Americans captured or missing as a result of the Vietnam conflict; and (2) work for the release of captive Americans and the return of the remains of those American servicemen and civilians who died in Southeast Asia. Requires the President to submit two reports to Congress on American POW/MIAs in Southeast Asia.
United States · United States Congress · 24 January 1985
Amends the Federal criminal code to establish criteria for the imposition of the death penalty for treason and espionage. Requires the Government, for an offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury or the court upon motion by the defendant when the defendant is found guilty or pleads guilty to an offense punishable by death. Provides that no presentence report shall be prepared in such cases. 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 information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors with respect to the crimes of treason and espionage. Includes among the mitigating factors that the defendant was less than 18 years old at the time of the crime. Conditions imposition of the death penalty on a unanimous finding by the jury that: (1) some aggravating factor exists in addition to a threshold factor; and (2) the aggravating factor sufficiently outweighs any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. 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, and any special finding, 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 · 24 January 1985
Federal Laboratory Technology Utilization Act of 1985 - Authorizes Federal agencies to permit their laboratories to enter into cooperative research and development arrangements with other Federal, State, and local agencies, universities, industrial organizations, or other persons including licensees of inventions owned by the Federal agency or general partners of research and development limited partnerships. Permits such laboratories to exchange funds, services, and property with collaborators, grant such collaborators patent licenses or assignments, waive Federal ownership of inventions made by a collaborator, and negotiate licensing agreements for federally owned inventions. Sets forth a formula for the distribution of royalties or other income received by such laboratories from the licensing of cooperatively produced inventions to Federal agency employee inventors, the laboratories themselves, and the Treasury. Requires affected Federal agencies to report annually to the appropriate congressional committees on the income from and distribution of royalties. Directs the Secretary of Commerce to provide procedures, training, and advice to Federal laboratories on recognizing the commercial potential of new technologies and inventions. Requires the Secretary to report biannually to the President and the Congress on Federal agency participation in this program. Makes it the policy of the Government to encourage the commercialization of inventions by Federal or former Federal employees made by them during their Federal employment and exempts such efforts from otherwise applicable violations. Permits such an employee to retain title to an invention (subject to retention by the Government of a nonexclusive license) unless the agency intends to file a patent application itself in order to promote commercialization. Sets forth other permissible conditions on such an inventor's title.
United States · United States Congress · 22 January 1985
Repeals the requirement added by the Tax Reform Act of 1984 relating to the maintenance of contemporaneous records with respect to: (1) business travel expenses, including automobile expenses; (2) business entertainment expenses; and (3) expenses for gifts.
United States · United States Congress · 22 January 1985
Amends the Federal criminal code to provide a mandatory life sentence for any person who kidnaps an individual under the age of 18. Imposes the death penalty in any case where such a victim dies as the result of the kidnapping.
United States · United States Congress · 7 January 1985
Alzheimer's Disease and Related Disorders Treatment Act of 1985 - Directs the Secretary of Health and Human Services to designate 20 centers for the treatment of Alzheimer's disease and related disorders. Requires such centers to: (1) provide a central facility for diagnosis, evaluation, and counseling; (2) develop standards of treatment and methods of delivering cost-effective services; (3) train professionals and nonprofessionals in diagnosing and treating such disorders; and (4) develop a comprehensive acute and long-term treatment program. Authorizes FY 1986 through 1990 appropriations. Directs the Secretary to make $1,000,000 available to each center for each of at least five years for teaching, training, research, and staffing. Permits eligible persons to elect to receive benefits as provided for by this Act rather than under titles XVIII (Medicare), XIX (Medicaid), or XX (Grants to States for Service) of the Social Security Act, or under the Older Americans Act of 1965.
United States · United States Congress · 3 January 1985
Civil Liberties Act of 1985 - Title I: Recognition of Injustice and an Apology on Behalf of the Nation - States that the Congress recognizes that a grave injustice was done to both citizens and resident aliens of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II. Title II: United States Citizens of Japanese Ancestry and Resident Japanese Aliens - Requests the President to offer pardons of those convicted of violating laws during the internment period whose violation was based on a refusal to accept racially discriminatory treatment. Provides that Federal departments and agencies that review applications for restitution of positions, status, or entitlement lost during the internment period shall review such applications giving full consideration to the findings of the Commission on Wartime Relocation and Internment of Civilians. Establishes within the Treasury a Civil Liberties Public Education Fund. Authorizes appropriations for the Fund. Requires the Attorney General to pay $20,000 from the Fund to each surviving internee. Establishes a Board of Directors which shall be responsible for making disbursement from the Fund. Provides that disbursement from the Fund shall be used to: (1) sponsor research and public educational activities dealing with the internment; (2) fund studies of similar civil liberties abuses; (3) prepare and distribute hearings and findings of the Commission; and (4) promote the general welfare of the ethnic Japanese community in the United States. Title III: Aleutian and Pribilof Islands Restitution - Aleutian and Pribilof Islands Restitution Act - Establishes within the Treasury the Aleutian and Pribilof Islands Restitution Fund. Directs the Administrator of the Fund (the Aleutian/Pribilof Islands Association) to make restitution for certain Aleut losses sustained in World War II. Requires the Administrator to establish a trust of $5,000,000 and to distribute the interest of such trust for: (1) the benefit of the elderly, disabled, or seriously ill; (2) students in need of scholarship assistance; (3) preservation of Aleut cultural heritage and historical records; (4) the improvement of community centers of affected Aleut villages; and (5) other purposes to improve Aleut life. Authorizes the Administrator to rebuild and restore churches and church property damaged or destroyed in Aleut villages during World War II. Requires the Secretary of the Treasury to make payments of $12,000 from the fund to each eligible Aleut for any uncompensated personal property loss. Authorizes the Secretary of the Army to implement a program for the removal and disposal of live ammunition, obsolete buildings, abandoned machinery, and other hazardous debris remaining in populated areas of the lower Alaska Peninsula and the Aleutian Islands. Authorizes the Secretary of the Interior to convey to the Aleut Corporation all right, title, and interest of the United States in Attu Island, Alaska. Authorizes appropriations. Title IV: Miscellaneous Provisions - Provides that all documents, personal testimony, and other material collected by the Commission on Wartime Relocation and Internment of Civilians shall be deposited in the National Archives of the United States.
United States · United States Congress · 3 January 1985
Amends the Fair Debt Collection Practices Act to require that any attorney who collects debts on behalf of a client be subject to the provisions of such Act.
United States · United States Congress · 3 January 1985
In-Flight Medical Emergencies Act - Directs the Administrator of the Federal Aviation Administration to issue final rules requiring passenger-carrying aircraft to carry medical supplies and equipment for the treatment of in-flight emergencies. Provides relief from State or Federal civil liability for any licensed medical personnel or air carrier employee who renders emergency medical aid on an airplane or who continues such aid until arrival at a medical facility. Extends such relief to an airplane's crew and owner or operator for providing on-board emergency medical supplies. Makes such relief from liability inapplicable if the actions were done recklessly or with gross negligence.
United States · United States Congress · 3 January 1985
Amends the Internal Revenue Code to repeal rules relating to the determination of the issue price of certain debt instruments issued for property. Amends the Tax Reform Act of 1984 to repeal the revisions made to rules for the imputation of interest on certain deferred payments. Provides that the Internal Revenue Code shall be applied and administered as if such revisions had not been enacted.
United States · United States Congress · 3 January 1985
Amends the Board for International Broadcasting Act of 1973 to direct the Board for International Broadcasting to require Radio Free Europe/Radio Liberty, Incorporated, to establish a Russian language program, to be known as Radio Maccabee, for the Jewish population of the Soviet Union. Authorizes appropriations for FY 1986 and 1987 for such program.
United States · United States Congress · 3 January 1985
Establishes a Commission on More Effective Government to study and recommend ways of promoting economy, efficiency, and improved service within the executive branch. Directs the Commission to recommend methods to improve the relationship between Federal, State, and local governments. Directs the Commission to submit a final report to the Congress ten days after the 99th Congress convenes. Terminates the Commission 90 days after such date. Authorizes appropriations.
United States · United States Congress · 3 January 1985
Vietnam Veterans Post-Traumatic Stress Disorder Compensation Act - Creates a presumption of service-connection for disability purposes for veterans suffering from a post-traumatic stress disorder after serving in Southeast Asia during the Vietnam era.
United States · United States Congress · 3 January 1985
National Diffusion Network Act - Directs the Secretary of Education to carry out a program to promote the use of exemplary educational programs, products, and practices to interested elementary and secondary schools. Requires the Secretary to provide information, materials, training, technical assistance, and evaluations. Authorizes the Secretary to make grants to, and contracts with, public and nonprofit private educational institutions and organizations to carry out such program. Declares that such program shall be deemed to be a continuation of the National Diffusion Network for which provision is made under the Education Consolidation and Improvement Act of 1981. Directs the Secretary to allocate funds available under such Act to such program. Authorizes additional appropriations, if necessary, to carry out such program in FY 1986 through 1989.
United States · United States Congress · 3 January 1985
Statue of Liberty-Ellis Island Commemorative Coin Act - Requires the Secretary of the Treasury to issue a specified number of: (1) five dollar gold coins, emblematic of the centennial of the Statue of Liberty; (2) one dollar silver coins, emblematic of the use of Ellis Island; and (3) half dollar coins, emblematic of the contributions of immigrants to America. Sets forth certain features of such coins; and provides for their sale and issuance. Provides for the distribution and use of such sale funds to the Statue of Liberty-Ellis Island Foundation. Terminates the minting of such coins on December 31, 1986.
United States · United States Congress · 3 January 1985
National Individual Training Account Act of 1985 - Title I: Individual Training Accounts - Establishes the national individual training account program to be administered by the Secretary of Labor and the Secretary of the Treasury in cooperation with the States. Authorizes the Secretary of Labor to enter into agreements whereby States or State unemployment compensation agencies shall: (1) issue and redeem vouchers to pay training and relocation expenses; (2) accept contributions from employees and employers for deposit into individual training accounts and distribute any amount in any such account at such times as any distribution from such account is authorized; (3) provide individual counseling or job and training referral services to any participant in the program; and (4) cooperate with officers of the Federal Government or of any other State in carrying out this Act. Directs the Secretary of Labor, upon the request of a State, to provide information and to detail, on a reimbursable basis, personnel to assist such State in establishing a State individual training account program. Sets forth the duties of the Secretary of Labor and the Secretary of the Treasury in administering the program established by this Act. Sets forth provisions for distributions from individual training accounts. Sets forth provisions for eligible training programs and for certification of such programs by the Secretary of Labor. Sets forth provisions for qualified relocation expenses and for approval of such expenses by the Secretary of Labor. Provides that individual training and related accounts are to be established as separate book accounts in the Unemployment Trust Fund. Title II: Amendments to the Internal Revenue Code of 1954 Relating to Individual Training Accounts - Amends the Internal Revenue Code to revise provisions for approval of State unemployment compensation laws to require that a State have a State individual training account program which has been approved by the Secretary of Labor. Applies such requirement to certifications of such State laws for 1986 and subsequent years. Revises Federal unemployment tax provisions to add requirements relating to State individual training account programs. Revises provisions relating to itemized Federal income tax deductions for individuals and corporations to allow such deductions for employee or employer contributions to individual training accounts made after December 31, 1984. Prohibits any reduction (through an additional credit allowance) in Federal unemployment tax in the case of any large employer which refuses to participate in the national individual training account program. Defines "large employer" as one which during the calendar year employed an average of not less than 25 employees. Makes such denial of reduction applicable to calendar years beginning after December 31, 1986. Appropriates to the Secretary of Labor, for the expense of administering the Federal-State employment service, for each fiscal year ending after January 1, 1986, an amount determined by the Secretary of the Treasury to be equivalent to an unspecified portion of the amounts received in the general fund in the Treasury which are attributable to the operation of such denial of reduction in the unemployment tax rate of such large employers who refuse to participate in the national individual training account program.
United States · United States Congress · 3 January 1985
Public Housing Rental Stabilization Act - Amends the United States Housing Act of 1937 to authorize any public housing agency to require tenants of one of its projects to pay monthly rent based on the unsubsidized rents for comparable dwelling units in the area, the average monthly amount of debt service and operating expenses attributable to similar units of its other projects, or other relevant factors. Limits such rent to the amount payable under current provisions of such Act and the maximum amount that is approved by the Secretary of Housing and Urban Development.
United States · United States Congress · 3 January 1985
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that a beneficiary shall be entitled to a prorated benefit for the month in which he or she dies.
United States · United States Congress · 3 January 1985
Amends the Internal Revenue Code to increase to $2,500 the maximum deduction for contributions to retirement savings plans. Allows certain individuals to compute the amount of the income tax deduction for retirement savings on the basis of the earned income of their spouses without regard to any community property laws.
United States · United States Congress · 3 January 1985
Amends the Internal Revenue Code to provide that one-half of the cost of insurance paid by a self-employed taxpayer for medical care during the taxable year will be allowed as a business deduction.
United States · United States Congress · 3 January 1985
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are not greater than total receipts. Permits the Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Requires the President and the Congress to ensure that actual outlays do not exceed the outlays set forth in such statement. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless the Congress passes by a three-fifths vote a bill directed solely to approving specific additional receipts and such bill has become law. Requires the President, prior to each fiscal year, to transmit to the Congress a proposed statement of receipts and outlays for that year consistent with the provisions of this article. Permits the Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.
United States · United States Congress · 3 January 1985
Establishes the Joint Committee on Intelligence. Declares that such committee has exclusive legislative jurisdiction with respect to any intelligence activity of the Federal Government and authorizations for appropriations for specified agencies and intelligence-related activities. Directs the joint committee to classify its information and records and to establish guidelines for their maintenance, use, and availability. Sets forth procedures for the disclosure of such information. Directs the joint committee to establish and carry out rules and procedures necessary to prevent the unauthorized disclosure of information. Makes conforming amendments to the Rules of the House of Representatives, including abolishing the Permanent Select Committee on Intelligence, and the National Security Act of 1947.
United States · United States Congress · 3 January 1985
Establishes in the House of Representatives the Select Committee on Hunger to conduct a continuing comprehensive study of the problems of hunger and malnutrition. Requires an annual report from such committee, including a summary of its activities.
United States · United States Congress · 3 January 1985
Requires each House of Representatives committee (except the Committee on Standards of Official Conduct) and subcommittee to be constituted in a ratio proportionate to the membership of the two political parties in the House. Requires, where practicable, the committee staffs to reflect such ratio.
United States · United States Congress · 25 September 1984
Expresses the sense of the House of Representatives that the President should direct appropriate members of the administration to: (1) pursue discussions with Canada directed toward resolving problems relating to U.S. imports of Canadian pork; and (2) use all available authorities to protect the economic viability of the U.S. pork industry and to promote free and fair trade.
United States · United States Congress · 17 September 1984
Motor Vehicle Theft Law Enforcement Act of 1984 - Title I: Improved Identification for Passenger Motor Vehicles and Parts - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to promulgate a vehicle theft prevention standard applicable to major parts (and replacements for such parts) installed by manufacturers into passenger motor vehicles designated as high theft lines. Declares that such standard shall apply to vehicles and parts manufactured after it takes effect. Prohibits such standard from requiring any part to have more than a single identification, and any motor vehicle to have identification of more than 14 of its major parts. Sets forth prohibitions with respect to identifying major replacement parts. Prescribes the methods for: (1) designating high theft vehicle lines and parts; and (2) determining the theft rate for passenger motor vehicles. Sets forth cost limitations for the vehicle theft prevention standard with respect to manufacturers of applicable vehicles and parts. Authorizes the Secretary to grant exemptions from such standard to vehicle lines equipped with approved antitheft devices. Sets forth compliance provisions for manufacturers of passenger motor vehicles or of passenger motor vehicle equipment. Specifies civil and criminal penalties for violations of this Act. Sets forth confidentiality provisions with respect to information obtained by the Secretary which relates to trade secrets. Declares that a Federal motor vehicle standard supercedes any State or local standard. Requires insurers of motor vehicles to annually report specified information to the Secretary with respect to thefts and recoveries of motor vehicles and vehicle parts. Permits the Secretary to exempt insurers from such requirement upon determining that the cost of such reporting is excessive to the insurer and insignificant for purposes of this title. Authorizes the Secretary to exempt small insurers from such requirement. Defines "small insurers" for purposes of this title. Requires insurers to report to the Secretary if, in paying claims, the insurer reduces any claim payment by the amount of any recovered part subject to the theft standard. Authorizes the Secretary to promulgate a voluntary vehicle theft prevention standard under which persons may affix identifications on major parts of their own vehicles and register such identifications with the Secretary. Requires the Secretary to submit reports to Congress within three years of enactment of this title, and five years after promulgation of the standard, on studies regarding motor vehicle theft. Specifies information to be included in such reports and requires both reports to make legislative recommendations with respect to the standard. Directs the Secretary, not later than one year after enactment of this Act, to report to Congress regarding vehicle security devices and systems, including legislative recommendations. Title II: Antifencing Measures - Amends the Federal criminal code to establish penalties for removing or altering any identification number of any motor vehicle or motor vehicle part required by regulation. Requires the forfeiture of any vehicle or part which has had such number removed, with specified exceptions. Applies to the seizure and forfeiture of motor vehicles and parts those provisions of law relating to the seizure and forfeiture of vessels and merchandise under the customs laws. Establishes penalties for anyone who buys, receives, possesses, or obtains control of, with intent to sell or otherwise dispose of, any motor vehicle or motor vehicle part knowing that such identification number has been removed or altered. Title III: Importation and Exportation Measures - Establishes criminal and civil penalties for anyone who imports, exports, or attempts to import or export any motor vehicle, off-highway vehicle, or vehicle part knowing that it has been stolen or that its identification number has been altered. Amends the Tariff Act of 1930 to require persons who export or attempt to export a used motor vehicle or off-highway mobile equipment to present to the appropriate customs officers the vehicle and a document describing that vehicle. Authorizes customs officers to exchange information concerning such vehicles with law enforcement organizations.
United States · United States Congress · 13 September 1984
State Minimum Return Act of 1984 - Directs the head of each Federal agency to reallocate Federal expenditures, with specified exceptions, to States having a Federal expenditure to Federal tax ratio of less than 100 percent as necessary to ensure that by the end of FY 1989 each State receives in any fiscal year Federal expenditures equal to at least 90 percent of the Federal tax burden imposed on such State for such year. Directs each agency to: (1) attempt to increase the national share of procurement contracts awarded to qualified firms in each such State by ten percent per fiscal year; and (2) report to the Director of the Office of Management and Budget at the end of each year on the percentage increase achieved and the reasons for not achieving a ten percent increase, if applicable. Requires the Director to report to Congress on the progress made during each fiscal year on increasing the share of procurement contracts the preponderance of the value of which has been performed in such States. Requires that each State with a Federal expenditure to Federal tax ratio of less than 90 percent for any fiscal year receive 110 percent of the average percentage share of all other Federal expenditures received by such State during the most recent three fiscal years. Prohibits any reallocation of expenditures which will reduce: (1) the expenditures under any program to a State by ten percent or more in a fiscal year; or (2) the Federal expenditure to Federal tax ratio of any State below 90 percent. Prohibits any reallocation of expenditures from resulting in any State or other governmental unit reducing benefits to ultimate beneficiaries or changing eligibility requirements under any program which results in direct payments to individuals and which involves an income test to determine an individual's eligibility for assistance.
United States · United States Congress · 9 August 1984
Amends the Foreign Assistance and Related Programs Appropriations Act, 1985 to require that: (1) at least five percent of the funds earmarked for the Agency for International Development shall be available only for the delivery of primary health care services and basic health education, training for health care workers, and medical supplies and equipment for primary health care, with such assistance to be provided through private and voluntary organizations and international organizations wherever appropriate; (2) not more than one-third of the amount allocated for such services may be used in any one country; and (3) funds allocated to carry out these provisions shall remain available until September 30, 1986.
United States · United States Congress · 9 August 1984
Amends the Tax Equity and Fiscal Responsibility Act to provide that States which allow certain small businesses to pay a nonexperience-based State unemployment tax rate below 5.4 percent may gradually increase the unemployment tax rate for such businesses over a four-year period to equal the new 5.4 percent standard State unemployment tax rate for 1985 and thereafter.
United States · United States Congress · 6 August 1984
Conrail Sale Rail Infrastructure Fund Act - Amends the Regional Rail Reorganization Act of 1973 to establish a revolving fund through which proceeds from the sale of Conrail shall be used for rail-related infrastructure capital improvements. Directs the Secretary of Transportation to allocate money in the fund among the States in accordance with a survey of improvement needs. Requires the Secretary to conduct such survey within six months of enactment of this Act.
United States · United States Congress · 31 July 1984
Amends the Railroad Retirement Act of 1974 to eliminate reductions in cost of living increases for railroad retirees, and railroad spouse and survivors' annuities, as a result of increases in certain social security benefits.
United States · United States Congress · 26 July 1984
Agricultural Patent Reform Act of 1984 - Amends the patent laws to extend the terms of patents which encompass specified products or methods for using a product, including methods of manufacturing which primarily use recombinant DNA technology, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a five year limitation on the extension and a 25 year maximum patent term from the earliest filing. Directs the Commissioner of Patents to notify the appropriate Federal agency upon receipt from a product sponsor of a notice of extension. Requires the notified agency to determine the applicable regulatory review period and whether, within that period, the sponsor acted with due diligence. Provides for notice and informal hearings for persons interested in such determinations. Grants a product sponsor the opportunity to designate any data submitted during the regulatory review period as a trade secret or confidential. Directs the Commissioner, upon a final determination of the applicable regulatory review period, to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent. Limits the application of such patent term extension to patents for: (1) any new animal drug or antibiotic subject to regulation under the Federal Food, Drug, and Cosmetic Act; (2) any veterinary biological product subject to regulation under the Virus-Serum-Toxin Act; (3) any pesticide subject to regulation under the Federal Insectide, Fungicide, and Rodenticide Act; and (4) any chemical substance or mixture subject to regulation under the Toxic Substances Control Act.
United States · United States Congress · 25 July 1984
Amends the Internal Revenue Code to repeal rules relating to the determination of the issue price of certain debt instruments issued for property. Amends the Tax Reform Act of 1984 to repeal the revisions made to rules for the imputation of interest on certain deferred payments. Provides that the Internal Revenue Code shall be applied and administered as if such revisions had not been enacted.
United States · United States Congress · 29 June 1984
Medicare and Medicaid Patient and Program Protection Act of 1984 - 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 Act, and to direct State agencies to exclude from participation in programs under title XIX (Medicaid) of the Act, title V (Maternal and Child Health Block Grant) of the Act, and title XX (Block Grants to States for Social Services) of the Act, for a period of not less than five years, any individual or entity that has been convicted of a criminal offense related to such individual's or entity's participation in the delivery of items or services under title XVIII or any such State health care program. Authorizes the Secretary to exclude from participation in Medicare and to direct State agencies to exclude from participation in such State health care programs: (1) any individual or entity convicted of any financial abuse or abuse of patients in connection with the delivery of health care items or services in any publicly operated or financed program; (2) any individual or entity convicted of unlawful manufacture or distribution of a controlled substance; (3) any individual who has had his or her health care license revoked or suspended; (4) any individual suspended or sanctioned under any Federal program involving the provision of health care; (5) any individual or entity that the Secretary determines has knowingly made any false statement in an application for payment under Medicare or a State health care program; (6) any entity whenever the Secretary determines that any person with an ownership or controlling interest in that entity or a managing employee of that entity is a person who has been convicted of specified health care related crimes, fined for specified health care abuses, or denied payment pursuant to this Act; or (7) any individual or entity which fails to supply certain information. Entitles any individual or entity excluded from participation to a hearing. Directs the Secretary to promptly notify each appropriate State agency administering or supervising the administration of a State health care program of the fact and circumstances of each exclusion and of the period for which the State agency shall exclude the individual or entity from health care program participation. Permits the Secretary to waive the requirement to exclude an individual or entity from participation if a waiver request is received from the State. Directs the Secretary to notify the appropriate State or local licensing authority of the fact of an individual's or entity's exclusion. Permits reinstatement of an individual or entity if there is no basis for continuing the exclusion. Requires a State, under title XIX of the Act, to supply the Secretary information with respect to any health care practitioner or entity against whom a formal proceeding is undertaken by a State licensing authority. Requires each State having a plan approved under title XIX of the Act to have in effect a system of reporting under which the State agency administering Medicaid reports in a timely manner to the Secretary any proceeding commenced against a health care practitioner or entity and any results of such proceedings. Directs the Secretary to maintain a central information system on all such proceedings. Authorizes the Secretary to release information from the system to a State if such information may be useful to the State in determining the fitness of an individual to provide health care services. Establishes as the criminal penalties for violations of this Act the penalties set forth under title XIX of the Act. Sets forth civil penalties. 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. Amends the Controlled Substances Act to permit the Attorney General to suspend or revoke a registration to manufacture, distribute, or dispense a controlled substance upon a finding that the registrant has been excluded from participation in the Medicare program pursuant to the provisions of this Act. Authorizes the Secretary to give an individual or entity six months to correct any deficiencies in meeting the requirements of this Act in any case in which an individual or entity must obtain certification for participation in the programs covered by this Act and such deficiencies do not immediately jeopardize the health and safety of patients.
![Official portrait of Rep. Madigan, Edward R. [R-IL-15]](https://www.congress.gov/img/member/m000041_200.jpg)