United States · United States Congress · 25 July 1983
Expresses the sense of the House of Representatives that: (1) legislation is immediately required to protect Medicare and Medicaid (titles XVIII and XIX of the Social Security Act); and (2) an urgency exists to assure affordable health care for older Americans. States that Congress should enact legislation to reduce and control the rising cost of health care.
United States · United States Congress · 21 July 1983
Universal Telephone Service Preservation Act of 1983 - Provides that, effective as of enactment of this Act, the decisions and orders of the Federal Communications Commission in C.C. docket numbered 78-72 shall cease to have effect. Amends the Communications Act of 1934 to direct the Commission to establish a system of charges to compensate exchange common carriers for exchange access, and to reform the system of settlements and jurisdictional separation of property and expenses in force on the date of enactment. States that the purposes of such system of charges shall be: (1) to compensate exchange common carriers for all costs associated with providing or making available exchange access; (2) to achieve equitable treatment of all interexchange carriers and other persons who benefit from the services and facilities of each exchange common carrier, and to prevent contributions between exchange services or functions and interexchange services or functions of such carriers, except as provided below; (3) to ensure the continued universal availability of communications service provided by exchange common carriers at reasonable and affordable charges; (4) to assure that payments and assignments of costs relating to exchange access are carried out in a manner which ensures accountability and is open to public examination; and (5) to encourage efficient investment decisions and technological development. Requires the system to provide that an exchange common carrier shall file to the Commission a tariff for exchange access for each of its exchange areas. Authorizes a carrier to file, or the Commission or State Commission may require a carrier to file, a joint tariff for exchange access for all of its exchange areas within a single State until January 1, 1988, or later as the Commission may provide. Requires each tariff to specify separate charges for each type of exchange access on an element-by-element basis. Requires the charges for each type of tariff to be justified by costs. Requires each tariff to consist of four charges to be recovered from interexchange carriers. Provides that three of the charges shall encompass all costs associated with exchange access and one shall be the surcharge determined by the Universal Service Board (established by this Act). Requires the charges of each tariff which encompass all costs associated with exchange access to specifically identify the separate charges involved. Requires the system to provide that an exchange common carrier shall submit to the Commission a tariff for exchange access available from such carrier for interexchange carriers or other persons who indirectly interconnect with the facilities of such exchange carrier. Requires each tariff to include: (1) a charge for the direct costs of any services, facilities, or other factors required solely for the provision of such interconnection; (2) a charge reflecting an appropriate portion of the cost of services, facilities, and other factors which are used jointly or in common to provide exchange service and exchange access; (3) a charge reflecting the availability of the facilities of the exchange carrier for exchange access as an alternative for indirectly interconnecting interexchange carriers and interexchange customers to the extent such facilities are not used for exchange access by such carriers and customers; and (4) the surcharge determined by the Universal Service Board. Requires any person who owns or operates facilities to originate or terminate interexchange communication other than through direct interconnection to notify the appropriate exchange carriers, the Commission, and the appropriate State Commissions. Imposes a $50,000 fine on any person who is required, but fails, to make such notification. Directs the Commission, after consideration of recommendations of the Universal Service Board, to establish practices and methods to ascertain and fully apportion the cost of services, facilities, and other factors used jointly or in common to provide exchange services and exchange access. Provides that the initial tariffs for exchange access shall take effect on July 1, 1985. Sets forth provisions governing the transitional period. Establishes the Universal Service Fund, in order to assure the continued availability of universal transmission services, including service in rural or remote areas, at reasonable and affordable charges. Directs the Universal Service Board to annually determine uniform surcharges on the amounts collected by exchange common carriers under this Act, such that the Fund is sufficient to make required payments. Provides that an exchange common carrier is entitled to receive payments from the Fund if it certifies to the Universal Service Board that its average costs for nontraffic sensitive facilities per customer access line is in excess of 115 percent of the national average of such costs. Provides that the amount of such payments for an eligible exchange carrier shall be determined by the Universal Service Board. Directs the Universal Service Board to establish and oversee an exchange access board (consisting of representatives of exchange common carriers, interexchange carriers, and other customers directly obtaining exchange access) to administer the accounts of the Universal Service Fund. Directs the Commission to establish the Universal Service Board for the purpose of: (1) ensuring equitable and efficient economic treatment of users of common carrier services and exchange services and carriers providing such services; (2) providing for an orderly transition to the system of charges for exchange access established by this Act; and (3) achieving cooperation between the Federal Government and the States. Directs the Board to: (1) establish and maintain formulas for defining and comparing national average costs and charges and uniform practices for determining the payments required by the Fund, and to oversee the distribution of funds from the Fund by the exchange access board; (2) make such changes and modifications in the system of jurisdictional separation of carrier property and expenses in force as may be necessary for the transitional system of charges for exchange access; and (3) determine at regular intervals the relative assignment by exchange common carriers of the cost of factors of production which are used jointly or in common to provide exchange service and exchange access. Grants State commissions authority: (1) to establish classifications for exchange facilities and the portion of facilities used jointly for exchange and interexchange services assigned to the States by the Board; and (2) to prescribe the methods by which exchange carriers shall recover investments in such facilities. Requires such methods to provide for recovery of investments in such classes of facilities in a manner which promotes the economic viability of the exchange carriers involved. Provides that in the case of any interexchange service provided by any carrier under a tariff in effect July 1, 1983, which was filed jointly with another carrier or under any successor tariff in effect after such date, the tariff applicable to such service provided by such carrier shall be based on the nationwide average of the cost of providing interexchange service. Authorizes a State commission to require any exchange common carrier to lease and maintain on request a single basic one-line telephone instrument, and associated wiring, to any subscriber within such State on the basis of a tariff that includes all costs of providing and maintaining such instrument and wiring. Requires each State commission to establish rules for the provision of lifeline telephone service by exchange carriers which consists of providing minimum telephone exchange service at a discounted rate for low-income residential customers. Prohibits any carrier or exchange carrier from using revenues from regulated communications services to defray any costs associated with its entry into or engaging in commercial activities the prices for which are not regulated by the Commission or any State commissions.
United States · United States Congress · 21 July 1983
Amends title XVIII (Medicare) of the Social Security Act to establish in the Treasury the Federal Hospital Insurance Reserve Trust Fund. Appropriates to the Trust Fund for each fiscal year 25 percent of the revenues from the windfall profit tax for such year. Limits the aggregate amount appropriated to the Trust Fund to $70,000,000,000 for all fiscal years. Directs the Secretary of the Treasury to transfer to the Trust Fund amounts so appropriated at least quarterly. Creates a Board of Trustees to hold and manage the Trust Fund and report to Congress annually on the operation of the Trust Fund and whenever the Trust Fund amount is too small. Sets forth requirements for investment by the Trust Fund in interest-bearing obligations of the United States or in federally guaranteed obligations. Directs the Secretary to transfer from the Trust Fund to the Federal Hospital Insurance Trust Fund such amounts as may be provided by appropriation Acts.
United States · United States Congress · 20 July 1983
Authorizes the President to present, on behalf of Congress, a gold medal to Margaret Truman Daniel, daughter of Harry S. Truman, in recognition of the lifetime of outstanding public service he gave to the United States. Commemorates his one hundredth birthday which will be celebrated on May 8, 1984. Authorizes appropriations.
United States · United States Congress · 20 July 1983
Amends title XVIII (Medicare) of the Social Security Act to provide that nursing care and home health aid services may be provided on a daily basis as home health services for up to 90 days with monthly physician certification of the need for such services, and after the 90 day period, on a physician certification of exceptional circumstances. Limits to 20 the number of home health service visits covered under Medicare in the case of individuals who were furnished certain home health services but continue to need nursing care or the services of a home health aide.
United States · United States Congress · 19 July 1983
Sales Representation Contractual Relations Act - Title I: General Provisions - Sets forth findings and definitions. Title II: Contracts Between Sales Representatives and Principals - Subjects a principal to an indemnification action by a sales representative where a written contract exists between them under which the sales representative solicits orders from accounts and prospective accounts for the merchandise of the principal. Enumerates items to be included in any such written contract in order to conform with this Act. Title III: Indemnification - Exempts a principal from any indemnification action brought under this Act where: (1) a contract exists between the principal and sales representative which meets the requirements of Title I; or (2) the conduct of the principal for which indemnification is sought occurred before the sales representative had solicited orders on behalf of the principal for a period of 18 months. Permits a sales representative to bring an action for indemnification against a principal in any U.S. district court or State court where the principal: (1) terminates, without good cause, a sales representative from the assignment to solicit orders; or (2) reduces the size of any geographical territory assigned, the rate of commission paid, or the number of accounts assigned to a sales representative. Sets forth a formula for the computation of the amount of indemnification a principal shall pay in such an action. Provides that in an indemnification brought under this Act, the burden of proof shall be placed on the principal to show that the termination or reduction was for good cause if the sales representative presents certain evidence.
United States · United States Congress · 19 July 1983
Amends title XVIII (Medicare) of the Social Security Act to provide that a physician serving without compensation as a member of a governing or advisory board of a home health agency shall not be considered as having a significant financial interest or contractual relationship with the agency, thereby permitting such a physician to make patient certifications.
United States · United States Congress · 18 July 1983
Amends title XVIII (Medicare) of the Social Security Act to provide that if a hospice program does not provide its own nursing care, such care must be provided through a certified Medicare provider.
United States · United States Congress · 14 July 1983
Amends the Food Stamp Act of 1977 to exclude from a household's financial resources certain funds set aside for burial expenses of elderly and disabled members and their spouses.
United States · United States Congress · 13 July 1983
Child Support Enforcement Amendments of 1983 - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to direct the Secretary of Health and Human Services to make payments, in addition to those already provided under part D, to any State whose part D program is found to be exemplary in the amount of collections made, the cost efficiency with which the program is operated, or the magnitude of the costs to other assistance programs that could reasonably have been expected to occur but for the operation and the effective performance of the State's program. Repeals the present provisions for incentive payments to States and localities. Reduces Federal funding to States under part D. Eliminates funding for the planning, design, development, installation, or enhancement of an automatic data processing and information retrieval system under part D. Revises provisions of part D relating to the distribution of the amounts collected as child support by a State. Provides: (1) that amounts collected by a State under part D as support for families receiving Aid to Families with Dependent Children (part A of title IV of the Social Security Act) shall be paid to the family, to the extent that such amounts exceed the amount of AFDC paid to the family but do not exceed the amount of required court ordered support; (2) that amounts in excess of those required to be paid to the family shall be retained by the State to the extent they do not exceed the total amount of AFDC previously paid to the family; and (3) that any balance shall be paid to the family. Authorizes the Secretary to make grants to States to assist in the development or improvement of clearinghouses and other information management systems to aid in the enforcement of support by facilitating the collection and exchange, both within a State and among States, of child support information. Authorizes appropriations for such purpose. Requires charging an application fee of at least $25 for child support or paternity determination services furnished under part D to individuals not otherwise eligible. Provides that the cost of providing collection services may range from three to ten percent of the amount collected. Requires a State under part D to implement procedures providing for: (1) the withholding of child support from wages if a support order has been entered by a State; (2) quasi-judicial or administrative procedures for entering child support orders which have the same force and effect as orders entered by a court; (3) the collection of past-due support from State tax refunds; and (4) placing liens on real property for amounts of past-due support. Requires a designee of the State to conduct a review of each State's part D program at least once every three years in order to determine the program's effectiveness and compliance with part D requirements. Requires a State which is receiving funds under part A of title IV to have in effect a plan under part D and operate a child support program in substantial compliance (currently, in conformity) with the part D plan. Provides for reduced Federal funding under part A for any State whose part D program is not in compliance. Eliminates the requirement that before a State agency can request information from the Secretary the agency must have determined that the absent parent cannot be located through procedures under the control of the agency. Makes provisions of part A (General Provisions) of title XI of the Social Security Act relating to demonstration project authority applicable to part D. Makes modifications in the timing and content of the Secretary's annual part D report to Congress. Requires child support collected by a State on behalf of a child for whom a public agency is making foster care payments under part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to be paid to the public agency responsible for supervising placement of the child, to the extent that the amounts collected exceed the monthly foster care maintenance payments but not the monthly amount required by a court to be paid on behalf of the child or agreed to by both parents of such child. Requires a State plan under part E to provide that all steps will be taken to secure an assignment to the State of any rights to support on behalf of each child receiving part E foster care maintenance payments.
United States · United States Congress · 30 June 1983
Victims of Crime Act of 1983 - Title I: Crime Victim Compensation - Directs the Attorney General to make grants to qualified state programs for the compensation of victims of crimes. Provides that such grants shall total: (1) 50 percent of allowable compensation paid to victims of State crimes designated by the State to be appropriate for compensation; and (2) 100 percent of allowable compensation to victims of crimes which would constitute designated crimes but are subject to exclusive Federal jurisdiction. Specifies criteria for a State plan to qualify for grants, including that the program: (1) offer compensation for medical expenses and loss of wages; (2) condition compensation on cooperation with law enforcement officials; and (3) deny or reduce recovery where the claimant contributed to the injury. Title II: Crime Victim Assistance - 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 program must provide crisis intervention and mental health counseling services to victims and their families. Title III: Crime Victims Fund - Establishes within the U.S. Treasury the Crime Victims Fund. Provides that the Fund shall consist of: (1) fines collected in Federal criminal cases; (2) proceeds of all forfeitures in Federal criminal cases; and (3) taxes imposed on pistols and revolvers. Title IV: Changes in Criminal Fine Levels and Related Matters - Amends the Federal criminal code to establish alternative, increased fines for any person convicted of a Federal offense. Requires the Federal courts to impose a penalty assessment on all persons convicted of Federal offenses. Title V: Effective Dates - Establishes effective dates.
United States · United States Congress · 30 June 1983
National Fishing Enhancement Act of 1983 - Sets forth standards for the design, construction, and location of artificial reefs. Directs the Secretary of Commerce to develop guidelines for a national artificial reef plan. Sets forth terms and conditions for permits for the construction of such reefs. (Defines artificial reefs as structures constructed in navigable waters for the enhancement of fishery resources and fishing opportunities.) Amends the Internal Revenue Code to provide a tax credit for qualified artificial reef expenses.
United States · United States Congress · 30 June 1983
Maritime Safety Act of 1983 - Prohibits vessels subject to Coast Guard inspection from being operated without such inspection. Subjects violators to fines under various Federal laws. Requires vessel owners, operators, or agents to notify the Coast Guard about any vessel that may have been lost or imperiled. Subjects violators to fines. Amends the Merchant Marine Act, 1936, to authorize the Secretary of Transportation to contract with specified U.S. shipowners for installation of a marine satellite telecommunications system. Authorizes appropriations for FY 1985 and 1986. Subjects all acts of marine incompetency or misconduct committed by licensed personnel to Coast Guard jurisdiction.
United States · United States Congress · 30 June 1983
Authorizes the Speaker of the House and the President pro tempore of the Senate jointly to present, on behalf of the Congress, a bronze medal to families of American personnel missing or otherwise unaccounted for in Southeast Asia. Authorizes appropriations.
United States · United States Congress · 30 June 1983
Fair Housing Amendments Act of 1983 - Enacts into law the short titles "Civil Rights Act of 1968" and "Fair Housing Act". Amends the Fair Housing Act to expand the definition of "discriminatory housing practice" to include any violation under such Act (thus codifying case law which holds that the obligation of Federal agencies to administer programs affirmatively to further the purposes of fair housing and the prohibition against interference with rights under the Act are separately actionable). Adds new definitions of "handicap", "aggrieved person", and "familial status". Excludes from the meaning of "handicap" any impairment consisting of alcohol or drug abuse which would be a direct threat to the property or safety of others. Defines "familial status" as one or more minors being domiciled with their parent or guardian. Retains the two current exemptions from the prohibition against the discriminatory sale or rental of housing which are given to: (1) an owner of three or fewer single-family houses; and (2) the owner of a dwelling consisting of four or fewer family units who also resides in such dwelling (the "Mrs. Murphy" exemption). Makes it unlawful to: (1) refuse to sell or rent to a handicapped person unless such handicap would prevent a prospective occupant from conforming to specified non-discrimination rules and practices; and (2) discriminate against a handicapped person in the conditions of sale or rental, or in the provision of related services or facilities. Includes within such discrimination a refusal to: (1) permit reasonable modifications to permit access to the premises (but only if a renter agrees to restore the premises to their original condition); and (2) make reasonable accommodations in policies, services, or facilities to afford handicapped persons equal enjoyment of the premises. States that such discrimination shall not include a refusal to: (1) make alterations at the expense of sellers, landlords, owners, or persons acting on their behalf; (2) make modifications which would unreasonably inconvenience others; and (3) allow architectural modifications which materially decrease the value of a building or alter its intended use. Prohibits discrimination against families with children. Makes it unlawful for an insurer to discriminate in the provision or terms of insurance against hazards to a dwelling because of the race, color, religion, sex, handicap, national origin or familial status of persons owning or residing in or near the dwelling. Adds handicapped persons as a protected class under other existing prohibitions on discriminatory activities. Modifies the housing financing discrimination provision to prescribe all conduct which denies or "otherwise makes unavailable" financial assistance because of race, color, religion, handicap, national origin or familial status. Includes within such prohibition persons in the business of selling, brokering, or appraising real property. States that nothing in this Act is to be construed to defeat any reasonable local, State or Federal restrictions on the maximum number of persons permitted to occupy a dwelling unit. Provides that familial status does not apply to any State or Federal programs aimed at assisting elderly persons. Establishes the Fair Housing Review Commission, composed of three members appointed by the President for staggered six year terms. Stipulates that no more than two members may be of the same political party. Directs the Commission to: (1) appoint administrative law judges and other employees as necessary to carry out its functions (2) promulgate a code of ethics to assure the independence of such judges; (3) promulgate rules of discovery for its proceedings consistent insofar as practicable with the Federal Rules of Civil Procedure; and (4) consider appeals from the proposed orders of the administrative law judges upon application of a party. Includes Federal agencies having regulatory authority over financial institutions within the executive departments and agencies which are currently required to administer their housing programs in an affirmative manner. Authorizes the Department of Housing and Urban Development to provide financial as well as technical assistance to public and private organizations seeking to remedy housing discrimination. Establishes a new administrative enforcement procedure within the Department of Housing and Urban Development in addition to the current enforcement provisions of title VIII (allowing civil actions by private parties and the Attorney General). Directs the Secretary to make an investigation of all alleged discriminatory housing practice on his or her own initiative or upon the filing of a charge by an aggrieved person within one year of the alleged discrimination. Requires the Secretary to attempt to correct the discriminatory practice by informal methods of conciliation. Requires the Secretary, if the aggrieved person and respondent consent to binding arbitration, to refer the charge to an arbitrator made available by the Community Relations Service of the Department of Justice. Continues the current authority of the Secretary to utilize discovery measures. Retains the current penalty for failing to produce information (up to a $1,000 fine and/or one year's imprisonment). Makes certain changes in the current requirements for referring charges to State or local agencies for investigation and enforcement. Specifies, with respect to the rights and remedies provided by such agencies, the elements of "substantial equivalency" which permit certification and referrals of discrimination charges. Eliminates the Secretary's authority to recall referrals in the interest of justice or to protect the rights of the parties. Prohibits further action by the Secretary unless the agency fails to act in a timely fashion (current law gives the agency 30 days to commence proceedings). Requires the Secretary and other Federal agencies to cooperate to avoid duplication of their housing discrimination authority. Authorizes the Secretary to enter into agreements to permit other agencies to carry out such responsibilities within their jurisdictions. Directs the Secretary to enter into agreements with specified Federal agencies for such purpose with respect to depository institutions. Permits an action for temporary or preliminary relief to be brought on behalf of the Secretary in accordance with rule 65 of the Federal Rules of Civil Procedure when the Secretary establishes that voluntary compliance is unobtainable and prompt judicial action is necessary. Permits the Secretary to file an administrative complaint or refer the matter to the Attorney General for civil action if the investigation supports a finding of reasonable cause, except with respect to matters involving land use controls, which must be referred. Specifies the hearing procedures to be utilized if an administrative complaint is issued. Permits the administrative law judge to award appropriate relief and a civil penalty of up to $10,000. Permits the filing of a petition for judicial review of a final order in an appropriate court of appeals within 60 days after entry of such order. Provides that the findings of fact shall be conclusive if supported by substantial evidence in the record considered as a whole. Authorizes the administrative law judge to assess civil penalties for noncompliance with a final administrative order. Makes certain revisions in the private right of action for aggrieved persons under the Fair Housing Act. Extends the statute of limitations from 180 days to two years. Disallows simultaneous administrative and judicial proceedings involving the same charge. Permits the Attorney General to intervene upon certification that the civil action is of general public importance. Continues the current provision permitting the appointment of counsel. Removes the existing $1,000 limit on punitive damages for willful violations. Continues the authority of the Attorney General to initiate civil actions where there is reasonable cause to believe that a pattern or practice of resistance to title VIII rights has occurred. Permits the intervention of aggrieved persons in such actions. Permits the award of costs, including reasonable attorney's fees, to prevailing parties in court and administrative proceedings (current law permits an award of attorney's fees only to prevailing parties who are financially unable to assume them). Authorizes appropriations for this Act, effective October 1, 1983.
United States · United States Congress · 29 June 1983
Northern Ireland Fair Employment Practices Act - Requires any U.S. person who has or controls an enterprise in Northern Ireland which employs more than 20 people to insure that in operating such enterprise the following employment principles are implemented: (1) desegregation in any employment facility; (2) equal employment for all employees; (3) equal pay for equal work; and (4) increase in the representation of individuals from underrepresented religious groups in managerial, supervisory, administrative, clerical, and technical jobs. Directs the Secretary of State to establish an Advisory Council in Northern Ireland to advise the Secretary with respect to the implementation of such employment principles and to review the annual reports which each U.S. person covered by this Act must submit to the Secretary on the progress made in implementing such principles. Directs the Secretary to establish in the United States an American Advisory Council to make policy recommendations regarding labor practices of U.S. persons in Northern Ireland and to review such persons' progress in implementing such employment practices. Directs the Secretary: (1) to take specified actions to insure compliance with the implementation of such employment principles; and (2) to review the compliance of such persons at least biennially. Sets forth penalties for noncompliance. Authorizes the President to waive compliance with the implementation of such principles if such compliance would harm U.S. national security, unless Congress adopts a concurrent resolution disapproving the waiver. Provides for expedited consideration of such resolution. Requires that other Federal agencies cooperate in carrying out this Act.
United States · United States Congress · 29 June 1983
Amends title XVI (Supplemental Security Income) of the Social Security Act to exclude from income, for purposes of determining SSI eligibility, reparations paid to Holocaust survivors by the Government of West Germany.
United States · United States Congress · 28 June 1983
Education of the Handicapped Act Amendments of 1984 - Amends the Education of the Handicapped Act ("the Act") to revise definitions. Redefines "handicapped children" to include: (1) "behaviorally disordered" children (rather than "seriously emotionally disturbed" children); and (2) language impaired children. Renames the National Advisory Committee on Handicapped Children as the National Advisory Committee on the Education of Handicapped Children. Includes the Northern Mariana Islands under the definition of "State." Replaces outdated references to the Commissioner of Education and the Secretary of Health, Education, and Welfare with references to the Secretary of Education ("the Secretary"). Establishes within the Office of Special Education and Rehabilitative Services in the Department of Education an Office of Special Education Programs to be the principal agency for administering and carrying out the Act. Provides that such Office shall be headed by a Deputy Assistant Secretary, with a specified number of persons in certain positions to assist such official. Reestablishes the National Advisory Committee on the Education of Handicapped Children ("the Advisory Committee"). Authorizes appropriations for the Advisory Committee for FY 1985 through 1987. Revises provisions relating to grants for the removal of architectural barriers. Revises evaluation provisions. Directs the Secretary to: (1) provide for specified types of evaluation studies to determine the impact of the Act; and (2) publish an annual report on the progress being made toward the provision of free appropriate public education to all handicapped children and youth. Requires that such report be: (1) transmitted to the appropriate congressional committees and to the Advisory Committee; and (2) published and disseminated in sufficient quantities to the education community and other interested parties. Authorizes appropriations for FY 1985 through 1987 to carry out evaluation provisions. Revises incentive grants provisions to permit such grants to be used for providing education and related services for handicapped children from birth to three years of age. Revises Part C provisions of the Act for centers and services to meet special needs of the handicapped. Provides that regional resource centers shall provide technical assistance to State education agencies (SEAs) (including comparable educational agencies within the Departments of Defense and of the Interior relating to educational programs and services for handicapped children and youth) and through such SEAs to local educational agencies (LEAs). Includes among center functions assistance in information and training services for professionals and parents of handicapped children. Requires each center to report a summary of materials produced or developed. Requires inclusion of center reports in the annual report to Congress. Revises provisions for services for deaf-blind children to extend services to deaf-blind youth. Deletes provisions for model centers. Authorizes the Secretary to make grants to and contracts or cooperative agreements with public or nonprofit private agencies, institutions, or organizations to assist SEAs to: (1) assure deaf-blind children and youth a free appropriate public education pursuant to the Act and preliminary transitional services; and (2) make available to deaf-blind youth, upon their attaining age 22, programs and services to facilitate their transition from educational to other social services. Sets forth requirements for programs receiving such grants, contracts, or cooperative agreements. Authorizes the Secretary to enter into a limited number of cooperative agreements or contracts to establish and support regional programs for the provision of technical assistance in the education of deaf-blind children. Requires programs supported under provisions for services for deaf-blind children and youth to report annually on the numbers of deaf-blind children and youth, paraprofessionals and professionals, and family members directly serviced by each activity. Directs the Secretary to summarize this data in the annual report. Revises provisions for early education for handicapped children to include among program activities the demonstration of services in the least restrictive environment taking advantage of noncategorical preschool programs serving nonhandicapped children. Authorizes the Secretary to make a grant to each State through the SEA or other State agency to assist such State agency in planning, developing, and implementing a comprehensive delivery system for the provision of special education and related services to handicapped and other developmentally delayed children from birth through five years of age. Directs the Secretary to make one of the following types of such grants to any State which submits an application which meets the specified requirements: (1) a planning grant for up to two years; (2) a development grant for up to three years; or (3) an implementation grant for up to three years (but requiring an annual renewal application by the State). Directs the Secretary to include in the annual report: (1) specified information on such grants and activities; and (2) beginning in 1986, a description of the status of special education and related services to handicapped and developmentally delayed children from birth through five years of age. Provides for waivers of Federal regulations which interfere with achievement of the objectives of such grants program. Limits funds for such grants to 30 percent of funds available under provisions for early education for handicapped children. Requires that at least 15 percent of funds for such grants be for training and technical assistance to States. Authorizes the Secretary, in carrying out provisions for research, training, and dissemination activities in connection with centers and services for the handicapped, to address the needs of the severely handicapped. Directs the Secretary to make grants and contracts under provisions for postsecondary education programs: (1) on a competitive basis; and (2) giving priority consideration to four regional centers for the deaf and to model centers and programs for individuals with handicapping conditions other than deafness for specified types of programs. Sets a required minimum amount for such payments to the four regional centers for the deaf. Directs the Secretary to make grants and contracts for a national clearinghouse on postsecondary education for handicapped individuals. Defines "handicapped individuals," for purposes of such provisions for postsecondary education programs, as individuals who are mentally retarded, hard of hearing, deaf, speech or language impaired, visually handicapped, behaviorally disordered, orthopedically impaired, or other health impaired individuals, or individuals with specific learning disabilities who require special education and related services. Establishes a program of assistance for secondary education and transitional services for handicapped youth. Authorizes the Secretary to make grants to and contracts with institutions of higher education, SEAs and LEAs, and other appropriate public and private nonprofit institutions or agencies for secondary special education programs and other services to assist handicapped youth in the transition to postsecondary education, vocational training, competitive employment, continuing education, and adult services. Sets forth types of projects which may be assisted. Requires that the results of the Secretary's evaluations of the effectiveness of each program assisted under Part C provisions of the Act for centers and services to meet the special needs of the handicapped be analyzed and submitted to the appropriate congressional committees. Authorizes appropriations for FY 1985 through 1987 to carry out Part C programs under provisions for centers and services to meet special needs of the handicapped, including: (1) regional resource centers; (2) centers and services for deaf-blind children and youth; (3) early education for handicapped children; (4) research, training, and dissemination activities in connection with centers and services for the handicapped; (5) postsecondary education programs; and (6) secondary education and transitional services for handicapped youth. Revises Part D provisions of the Act for training for the education of the handicapped. Authorizes the Secretary to make grants, which may include scholarships with stipends and allowances, to institutions of higher education and other appropriate nonprofit agencies for training personnel for careers in special education. Authorizes the Secretary to reserve up to five percent of the amount available under personnel training grants provisions for contracts to prepare personnel in areas of need not adequately represented in the grant process. Authorizes the Secretary to make grants to institutions of higher education and other appropriate nonprofit agencies to conduct special projects to develop and demonstrate new approaches for preservice training, regular educators, and inservice training of special education personnel. Authorizes the Secretary to make grants through a separate competition to private nonprofit organizations to provide training and information to parents of handicapped children and volunteers. Revises provisions for grants to SEAs for traineeships to direct the Secretary to make such grants to SEAs and to comparable educational agencies or offices in the Departments of Defense and the Interior. Revises provisions for grants or contracts to improve recruiting of educational personnel and dissemination of information concerning educational opportunities for the handicapped. Authorizes the Secretary to make such grants or contracts for a national clearinghouse on the education of the handicapped and for other support projects to achieve specified objectives, including providing technical assistance to State and local parent training and information programs. Deletes provisions for grants for training physical educators and recreation personnel for handicapped children. Revises reporting requirements to require that reports to the Secretary by grant or contract recipients under part D: (1) be submitted within 60 days after the end of the fiscal year; and (2) include specified information. Requires that a summary of such data be included in the annual report of the Secretary. Authorizes appropriations for FY 1985 through 1987 to carry out Part D provisions for training personnel for the education of the handicapped, including: (1) grants to institutions of higher education and other appropriate institutions or agencies; (2) grants to SEAs; and (3) recruitment of educational personnel and the provision of information concerning the education of handicapped individuals. Revises Part E provisions of the Act for research in the education of the handicapped. Provides that grants and contracts for research and demonstration projects in education of handicapped children shall be used by the recipient agencies to assist special education personnel, related services personnel, and other appropriate persons, including parents, in improving the education and related services for handicapped children and youth. Requires that such research and related activities include specified activities. Directs the Secretary to publish in the Federal Register: (1) a proposed set of research priorities every two years and allow a period of 60 days for public comments and suggestions; and (2) a final set of research priorities within 30 days after the close of the comment period. Directs the Secretary to: (1) provide an index of all research projects conducted in the prior fiscal year in a specified annual report; and (2) make reports of research projects available to the education community at large and other interested parties. Directs the Secretary to: (1) coordinate research priorities established under this Act with those established by the National Institute of Handicapped Research; and (2) provide information concerning research priorities established under this Act to the National Council of the Handicapped and to the National Advisory Committee on the Education of Handicapped Children. Provides that the panels of experts appointed by the Secretary shall evaluate various types of proposals for projects under parts C, D, E, and F of the Act. (Current law only requires such evaluation of part E research or demonstration projects.) Directs the Secreary to secure the advice and recommendations of one such panel before making any grant or contract under parts C, D, E, and F of the Act. Authorizes appropriations for FY 1985 through 1987 to carry out Part E provisions for research in the education of the handicapped. Authorizes appropriations for FY 1985 through 1987 to carry out Part F provisions of the Act for instructional media for the handicapped. Repeals Part G of the Act (provisions for special programs for children with specific learning disabilities, including provisions for research, training, and model centers for such programs). Makes technical and conforming amendments. Include the Northern Mariana Islands among the territories and possessions of the United States for purposes of allocation of specified funds under the Act.
United States · United States Congress · 28 June 1983
Amends the Federal Supplemental Compensation Act of 1982 to extend the Federal supplemental unemployment compensation program for an additional six months, through March 31, 1984.
United States · United States Congress · 28 June 1983
Requires any Federal court to: (1) expedite hearings on any civil matter if a party who is 65 years or older so requests; and (2) render a decision within one year after the date the action is brought. Specifies exceptions. Requires appeals or petitions for review to be expedited in the same manner.
United States · United States Congress · 23 June 1983
Maritime Redevelopment Bank Act of 1983 - Title I: Maritime Redevelopment Bank - Amends the Merchant Marine Act, 1936, to establish a government corporation named the Maritime Redevelopment Bank of the United States as an independent agency under the policy guidance of the Secretary of Transportation. Declares the purpose of such Bank to promote private investment in maritime enterprise in furtherance of the economic, trade, and national security interests of the United States. Sets forth the credit functions of such Bank. Directs the Secretary of Transportation to transfer specified sums to the Bank as paid-in capital. Authorizes appropriations as may be necessary to replenish trust funds transferred to, and established by such Bank or for payment of its operating expenses. Terminates the functions of such Bank on September 30, 1993. Title II: Sealift Mobility Augmentation and Shipbuilding Base Maintenance - Directs the Secretary, with the advice of and in coordination with the Secretary of the Navy, to prepare and periodically revise a sealift mobility augmentation and shipbuilding mobilization base maintenance plan and program. Requires the Secretary to determine the need to: (1) encourage commercial vessel construction in domestic shipyards to provide adequate sealift mobility capability; and (2) maintain an adequate shipbuilding and ship repair mobilization base. Sets forth factors and circumstances under which the Secretary may permit foreign construction of vessels. Directs the Maritime Redevelopment Bank to undertake a liner fleet replacement and sealift augmentation program. Requires all vessels replaced under such program to be constructed in domestic shipyards. Directs the Bank to implement a trade-in/trade-out program. Authorizes the Bank to accept obsolete vessels for trade-in in exchange for allowance for credit from Bank funds to offset the purchase price of new vessels constructed under such program. Amends the Merchant Ship Sales Act of 1946 to direct the Secretary to periodically survey the physical condition and suitability for reactivation of vessels maintained in the National Defense Reserve Fleet and to scrap or sell vessels deemed unsuitable for commercial or military purposes.
United States · United States Congress · 23 June 1983
National Acid Deposition Control Act of 1983 - Title I: Acid Deposition Control and Assistance Program - Amends the Clean Air Act to establish new requirements for acid deposition control. Sets forth direct federally mandated emission reductions and retrofit technology for the 50 fossil fuel fired electric utility generating plants which had the largest total emissions of sulfur dioxide during the calendar year 1980. Directs the Administrator of the Environmental Protection Agency to: (1) identify each such plant which emitted sulfur dioxide during calendar year 1980 at an annual average rate equal to or exceeding three pounds per million Btu; (2) within two months after enactment of this Act, publish a list of the 50 plants which have the largest total emissions; (3) notify the owner or operator of each of the 50 plants listed; and (4) within four months after such enactment, and after notice and opportunity for comment, publish a final list of the 50 plants with the largest total emissions. Requires the owner or operator of each plant on the final list to submit to the Administrator, by January 1, 1985, a compliance schedule, including increments of progress. Directs the Administrator to approve or disapprove such schedule, within one year after submission, and after notice and opportunity for hearing. Directs the Administrator, if such schedule is not submitted by the deadline or is not approved, to promulgate a compliance schedule for such plant on January 1, 1986. Provides for modification and publication of such schedules. Requires that each compliance schedule provide that: (1) a technological system of continuous emission reduction be used for each steam generating unit in the fossil fuel fired electric utility generating plant concerned; and (2) sulfur dioxide emissions from such plant for the calendar year 1990 and each calendar year thereafter shall not exceed 1.2 pounds per million Btu heat input and ten percent of the total annual sulfur dioxide emissions during calendar year 1980 (90 percent reduction) or 0.6 pounds per million Btu and 30 percent of the total annual sulfur dioxide emissions during the calendar year 1980 (70 percent reduction). Sets forth procedures for determining plant compliance with such emission limitation. Requires that: (1) contracts be entered into for the purchase and installation of the technological systems of continuous emission reduction by January 1, 1988; (2) such systems be installed and in operation by January 1, 1990; and (3) the emission limitation be achieved for each calendar year after 1989. Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to pay for 90 percent of the costs of construction and installation of the technological system of continuous emission reduction necessary for each such plant to comply with the emission limitation. Directs the Administrator, after consultation with the Secretary of the Treasury, to promulgate regulations under which such payments: (1) may be made to utilities only if they will be used entirely to reduce those electric rate increases which would otherwise result from such construction and installation; and (2) shall be made at such times as will minimize rate increases. Sets forth requirements for State plans for additional emission reductions of sulfur dioxide. Directs the Administrator, within four months after the enactment of this Act, to compute a State share, for each of the 48 contiguous States, of a 10,000,000 ton reduction in annual emissions of sulfur dioxide by 1993 below that of 1980. Sets forth a formula for computation of State shares. Permits the Governors of two or more States to reallot State shares among agreeing States, if there is an equal or greater total reduction in annual emissions of sulfur dioxide through such reallotment. Sets deadlines and procedures for submission and approval of State plans for such State shares. Directs the Administrator to promulgate a State plan on January 1, 1988, if no State plan has been: (1) submitted by June 1, 1985; or (2) approved by January 1, 1988. Requires State plans for State shares to provide for emission limitations applicable to any stationary sources in the State for which the actual annual sulfur dioxide emission rates have been calculated by the Administrator for the calendar year 1980, other than a source which is one of the listed 50 electric utility plants subject to direct federally mandated emission reductions. Requires that the emission limitations for each stationary source subject to the State plan establish an allowable average annual sulfur dioxide rate at a level such that the total reduction would equal the State share, with specified credits for States in which any of the 50 listed plants are located. Permits State plans for State shares to provide for compliance with emission limitations through use of technological systems of continuous emission reduction or any other appropriate requirements. Directs the Administrator, from the Acid Deposition Control Fund (established within this Act), to pay for 90 percent of the costs of the construction and installation at an electric utility generating plant of any technological system of continuous emission reduction necessary to comply with requirements under a State plan for a State share of sulfur dioxide emission reductions. Subjects such payments to regulations relating to reduction of increases in utility rates. Establishes a trust fund in the Treasury of the United States to be known as the Acid Deposition Control Fund, consisting of amounts generated by fees imposed under this Act. Directs the Administrator to make payments from the fund first to facilities covered by direct federally mandated emission reductions and then to facilities covered by State share plan requirements. Directs the Secretary of the Treasury to be the trustee of the Fund and to report to the Congress for each fiscal year ending on or after September 30, 1984, on its financial condition and the results of its operation during such fiscal year and on its expected condition and operations during the next five fiscal years. Sets forth Fund investment duties of the Secretary. Imposes, under regulations promulgated by the Administrator, a fee of one mill for each kilowatt hour of electric energy: (1) generated in the contiguous 48 States by an electric utility; and (2) imported into the contiguous 48 States. Exempts from such fee electric energy: (1) used at the electric generating facility concerned; or (2) generated by a nuclear generating facility. Makes such fee effective with respect to electric energy generated, or imported, after December 31, 1984. Makes the fee cease to apply on the earlier of: (1) December 31, 1995; or (2) the date on which all payments required under this Act have been made. Authorizes the Administrator to terminate the fee at an earlier date upon estimation that sufficient funds have been collected to fund all such required payments. Directs the Administrator to promulgate within six months after enactment of this Act regulations setting forth the time and manner required for payment of such fee and related reporting requirements. Establishes civil penalties for: (1) electric utilities (or importers of electric energy) which fail or refuse to pay such fees or to file required reports; and (2) any person who makes false or misleading statements in such required documents. Directs the Administrator to bring civil actions in such cases. Establishes additional criminal penalties for electric utilities (or importers of electric energy) which knowingly commit such violations. Makes conforming amendments. Title II: Control of Nitrogen Oxide Emissions - Directs the Administrator to revise standards of performance for new stationary sources for emissions of nitrogen oxides from electric utility steam generating units which burn bituminous or subbituminous coal and which commence construction after the enactment of this Act. Prohibits the emission of nitrogen oxides from such units at a rate which exceeds: (1) 0.30 pounds per million Btu, in the case of subbituminous coal; and (2) 0.40 pounds per million Btu, in the case of bituminous coal. Adds to provisions relating to emissions from mobile sources to set the following nitrogen oxide emission standards for model year 1986 and after truck and truck engines: (1) gross vehicle weight of 6,000 pounds or less - 1.2 grams per vehicle mile; (2) 6,000 to 8,500 pounds - 1.7 grams per vehicle mile; and (3) more than 8,500 pounds - 4.0 grams per brake horsepower-hour.
United States · United States Congress · 21 June 1983
Federal Law Enforcement Officers' Security Act of 1983 - Provides civil service compensation for the disability or death of a Federal law enforcement officer resulting from an injury sustained while making an arrest for a State felony, unless such compensation is available to such officer under State law. Directs the Attorney General of the United States to reimburse a Federal officer for: (1) any litigation expenses incurred for defending himself or herself in an action brought against such officer for violating a State law while making such an arrest; and (2) any resulting fine or damages imposed, if a State officer would be immune to liability for the same conduct. Amends the Internal Revenue Code to exclude the amount of any such reimbursement from the officer's gross income.
United States · United States Congress · 15 June 1983
Amends the Higher Education Act of 1965 to permit deferrals in the repayment of student loans for active duty members of the National Oceanic and Atmospheric Administration Corps.
United States · United States Congress · 14 June 1983
Directs the Administrator of General Services to assign to the Secretary of Health and Human Services and to the Secretary of the Interior specified lands at Fort Totten, New York. Directs the Secretary of Health and Human Services to convey a portion of such property to the Eastern Paralyzed Veterans Association of New York House. Directs the Secretary of the Interior to convey the remainder of such property to the City of New York for public park and/or recreation uses.
United States · United States Congress · 14 June 1983
Establishes the Commission on Merchant Marine and Defense to study the capability of the U.S. merchant marine to transport cargo necessary to the national defense during a period of war or national emergency. Directs the Commission to report to Congress and the President within nine months on its findings, conclusions, and recommendations. Terminates such Commission 90 days after the report is submitted. Authorizes appropriations.
United States · United States Congress · 14 June 1983
Authorizes appropriations for a National Summit Conference on Education to be held within 90 days after the date of enactment of this Act. Sets forth provisions for appointment of participants to the Conference. Directs the Conference to develop recommendations in response to the findings of the National Commission on Excellence in Education and relating to specified areas of educational policy. Directs the Conference to transmit its recommendations to the Congress, and State Governors by January 1, 1984.
United States · United States Congress · 14 June 1983
Expresses the sense of Congress that the Department of Health and Human Services withdraw the transmittal entitled "Treatment of Contributions From Relatives to Medicaid Applicants or Recipients."
United States · United States Congress · 9 June 1983
Comprehensive Oil Pollution Liability and Compensation Act - Title I: Oil Pollution Liability and Compensation - Makes this title effective only until both the International Convention on Civil Liability for Oil Pollution Damage and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage are in force with respect to the United States. Permits claims for damages for economic loss, arising from oil pollution, to be asserted for: (1) removal costs; (2) injury to or destruction of natural resources; (3) injury to or destruction of real or personal property; (4) loss of subsistence use of natural resources; (5) loss of profits or impairment of earning capacity due to such injury or destruction; and (6) loss of tax revenue for a period of one year due to injury to real or personal property. Specifies the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several, and strict liability on the party responsible for the source of pollution. Specifies liability limits, except in cases of gross negligence or willful misconduct, for vessels, inland oil barges, ships, deepwater ports, and other facilities located on the Outer Continental Shelf. Makes the Comprehensive Oil Pollution Liability Trust Fund (the Trust Fund, established under title II of this Act) liable for damages for claims asserted under this Act, except as provided in title II of this Act, to the extent that the loss is not otherwise compensated. Requires the responsible party for vessels over 300 tons (including foreign vessels) and the party responsible for offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Limits the liability of a guarantor to the aggregate amount of financial responsibility that the guarantor provided. Specifies procedures whereby the Secretary of Transportation shall designate and advertise pollution sources. Directs the Secretary to advertise claims to be presented initially to the responsible party or to such person's guarantor, in instances in which: (1) the responsible party and guarantor both deny involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source. Permits claimants either to present a claim to the Trust Fund or to bring an action in an appropriate U.S. court if liability is denied or the claim is not settled within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the Trust Fund. Requires both the plaintiff and the defendant in a court action brought against a responsible party or guarantor to forward copies of all pleadings to the Fund. Permits the Trust Fund to intervene in such actions. Requires a claim to be presented within three years of discovery of an economic loss, or within six years of the date of the incident, whichever is earlier. Subrogates any person, including the Trust Fund, to all the claimant's claims and rights under this title. Sets forth the measure of recovery for actions brought by the Trust Fund against any responsible party or guarantor. Grants U.S. district courts exclusive original jurisdiction over all controversies arising under titles I, II, and III of this Act, without regard to the citizenship of the parties or the amount in controversy. Makes the rights and remedies under this title exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment). Sets penalties for persons failing to comply with specified provisions in this Act. Authorizes appropriations for this title. Title II: Comprehensive Oil Pollution Liability Trust Fund - Establishes the Comprehensive Oil Pollution Liability Trust Fund which shall consist of: (1) the 1.3 cent a barrel fee imposed by this title; (2) amounts recovered or collected on behalf of the Trust Fund under title I; and (3) any amounts transferred to the Trust Fund under title III of this Act from the Deepwater Port Liability Fund and the Offshore Oil Pollution Compensation Fund. Provides for the establishment of a Board of Directors for the Trust Fund. Exempts the Trust Fund and its income and property from all taxation except that any real property owned in fee by the Trust Fund shall be subject to State, territorial, county, municipal, or other local taxation to the same extent as other similar real property. Requires an annual independent audit of the Trust Fund. Requires a fee of 1.3 cents a barrel to be paid into the Trust Fund by the owner of: (1) oil received at a U.S. refinery; (2) oil entered into the United States for consumption, use, or warehousing; and (3) oil produced from a well located in the United States which is used in or exported from the United States. Provides that such fee shall be in effect only when the amount in the Trust Fund is less than $200,000,000. Prohibits the imposition of the fee with respect to any oil if the person who would be liable for the fee establishes that a prior fee has been imposed with respect to that oil. Establishes a civil penalty of up to $10,000 for any person who fails to collect or pay the fee. Makes the Trust Fund available for: (1) immediate payment of removal costs; (2) payment of claims under title I for damage which is not otherwise compensated; (3) the costs of administration of this Act; and (4) the payment of initial and annual contributions to the International Fund established under title IV of this Act. Requires the prudent investment of sums not needed for the above, but requires rebates to those who paid the 1.3 cent fee whenever the amount in the Trust Fund exceeds $300,000,000. Prohibits payment of any claim from the Trust Fund if payment would reduce the amount in the Trust Fund to an amount less than $30,000,000. Authorizes the Trust Fund to borrow from any commercial credit source. Limits the liability of the Trust Fund with respect to one incident to a maximum of $100,000,000. Requires the Comptroller General to review the required audit of the Trust Fund. Provides that if the balance of any fund is to be transferred to the Trust Fund, any claim arising before October 1, 1984, shall be paid from the Trust Fund. Provides that if the Secretary determines that there is a Trans-Alaska Pipeline (TAP) fund deficit, then the 1.3 cent fee shall be increased by two cents per barrel until the total amount of such increased fees equals such deficit. Defines a TAP fund deficit. Provides that for purposes of this title, the term "United States" includes the Outer Continental Shelf and any foreign trade zone of the United States. Title III: Regulations, Effective Dates, and Savings Provisions - Specifies the effective dates of specified provisions of this Act. Eliminates the Trans-Alaska Pipeline Liability Fund and provides that all unused assets of such Fund shall be rebated directly to the operator of the trans-Alaska oil pipeline for pro-rata payments to those owners who had paid into such Fund. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, the Intervention on the High Seas Act, the Outer Continental Shelf Lands Act Amendments of 1978 and the Trans-Alaska Pipeline Authorization Act, to conform with the provisions of this Act. Transfers to the Trust Fund amounts remaining on the Deepwater Port Liability Fund and the Offshore Oil Pollution Compensation Fund (both having been eliminated by the above repeals). States that if any provision of this Act is held invalid, the remainder of the Act shall not be affected. Title IV: Implementation of Conventions - Recognizes the International Oil Pollution Compensation Fund (International Fund) as a legal person under the laws of the United States. Requires, in any action brought in the United States against the owner of a ship or his guarantor under the International Convention on Civil Liability for Oil Pollution Damage, that the International Fund and the Trust Fund be served a copy of the complaint and any subsequent pleading. Entitles the International Fund to intervene as a party in any such action. Exempts the International Fund from all direct taxation in the United States. Requires any initial or annual contribution to the International Fund to be paid by the Trust Fund. Sets forth the jurisdiction of the U.S. district courts for controversies arising under the Civil Liability Convention or the International Fund Convention. Requires U.S. courts to recognize final judgments of courts of nations which are a party to the Civil Liability Convention or the International Fund Convention. Requires the owner of each U.S. documented ship, or any ship, wherever registered, which enters or leaves a U.S. port or terminal carrying more than 2,000 tons of oil in bulk as cargo to establish and maintain evidence of financial responsibility in amounts sufficent to cover the maximum liability arising from one incident under the Civil Liability Convention. Imposes a civil penalty for noncompliance with provisions of the above sentence. States that the United States waives all defenses based on its status as a sovereign State with respect to any controversy arising under the Civil Liability Convention or the International Fund Convention relating to any ship owned by the United States an used for commercial purposes. States that one franc shall be deemed to equal one-fifteenth of a special drawing right, as defined by the International Monetary Fund. Authorizes the Secretary to issue such rules and regulations as are necessary to implement the Civil Liability Convention and the International Fund Convention.
United States · United States Congress · 8 June 1983
Health Care Cost Control Act of 1983 - Amends the Social Security Act by adding a new title XXI entitled "Control of Health's Escalating Costs." Prohibits, as a general rule, the total inpatient revenues of a hospital for any accounting period from exceeding the total inpatient revenues from the hospital's base accounting period by a percentage which is greater than the compounded sum of the percentage limits computed under such title for that accounting period and previous accounting periods of the hospital after the base accounting period. Sets forth the method for determining the percentage limitation. Provides, upon the request (and subsequent approval of such request) of an organization owning two or more hospitals in a State, that the limits under such title on total revenues shall be computed and applied in the aggregate for the organization's hospitals with the same accounting period in the State, rather than on each hospital. Prohibits a hospital from changing its admission practices in a manner which results in: (1) a significant reduction in patients who have no third-party coverage and who are unable to pay; (2) a significant reduction in admissions for which payment is (or is likely to be) less than the anticipated charges; (3) the refusal to admit patients who would be expected to require unusually costly care; or (4) the refusal to provide emergency services if the hospital provides such services. Prohibits the charges, the amount recognized as the reasonable charge under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of such Act, and the schedule of Medicaid (title XIX of the Act) payment of a person furnishing outpatient services or of a person furnishing physicians' services to an inpatient of a hospital or other medical institution from exceeding the customary charge, the amount recognized as the reasonable charge under part B of title XVIII, or the schedule of Medicaid payments, respectively, of the person for furnishing such service as established as of January 1, 1983, by a percentage greater than the applicable percentage (computed under this title) for the calendar quarter in which the service is furnished. Prohibits the average reimbursement payable per unit of service to a hospital by a cost payer for outpatient services from exceeding the average reimbursement payable to the hospital per unit of service by the cost payer as estimated as of January 1, 1983, by a percentage greater than the applicable percentage (computed under title XXI) for the calendar quarter in which the service is furnished. Sets forth the method for determining the applicable percentage. Directs the Secretary of Health and Human Services to provide for an analysis of the feasibility and desirability of providing for control of the inpatient costs of skilled nursing facilities and of intermediate care facilities. Sets forth civil penalties for a provider who exceeds the revenue limit and fails to deposit the excess in an escrow account. Requires a provider, in order to avoid a penalty for excess revenues, to establish an escrow account. Authorizes withdrawals if the provider's revenues fall below the applicable limit. Sets forth administrative and judicial review procedures for a provider adversely affected by an assessment. Prohibits reimbursement or payment under Medicare or Medicaid for services furnished by a provider exempted from cost control limits to the extent that the reimbursement or payment exceeds the limits. Authorizes a State to apply to administer the limitations imposed under title XXI with respect to services furnished by the State. Authorizes exemptions from cost control: (1) for demonstration purposes; or (2) for a State which has a hospital reimbursement control system. Increases the Federal medical assistance percentage by two percent for a State indicating an intention to submit a State health care cost control plan or administering a cost limitation program under title XXI. Authorizes a State to apply to the Secretary for the approval of a medical cost control plan for that State. Provides that in the case of any State with an approved plan: (1) the Secretary shall waive the requirements under Medicare for covered services furnished in that State; and (2) the Federal medical assistance percentage under the State's Medicaid program shall be increased by two percent. Requires a State plan to: (1) be administered in a manner that provides equitable treatment for all entities paying for covered health services, employees of hospitals, and patients receiving services; (2) provide required reports to the Secretary; and (3) permit health maintenance organizations (HMO'S) to negotiate lower rates for inpatient hospital services and other services. Authorizes a State plan to be mandatory or voluntary and to exempt hospitals and other persons from limits for demonstration purposes. Requires that the State plan apply to all payors and to at least 75 percent of all revenues or expenses for inpatient hospital services. Prohibits the amount of the total inpatient revenues from increasing at a rate greater than the permissible percentage increase based upon such amount determined for: (1) the previous year; (2) a typical year in the previous three years; or (3) the average of the previous three years. Directs the chief executive officer of a State to provide for the appointment of a panel consisting of seven members, with expertise in health care economics, to develop the methodology for establishing the permissible percentage increase. Requires the State plan to provide a procedure whereby, upon the request of a hospital, an adjustment can be made to the permissible percentage increase. Requires that the State plan: (1) provide for prospective payment of hospitals; (2) have a mechanism for providing fair hearings for hospitals aggrieved by determinations made under the plan; (3) assure that hospitals continue to meet Federal and State certification standards; and (4) provide assurances that hospital admission practices meet specified requirements. Requires the plan to provide for the development of schedules: (1) of maximum payment for outpatient services and for physicians' services furnished to inpatients; and (2) of maximum reimbursement for diagnostic laboratory and X-ray services. Requires the plan to provide for capitation payment to HMOs not in excess of the prevailing rates for comparable services of other providers. Provides that if a State does not have a State cost control plan for FY 1986, the Secretary shall publish a determination that either: (1) the cost limitation program shall apply; or (2) the Secretary shall establish and implement a cost control plan meeting the requirements of a State plan under title XXI. Requires Medicare assignment for physicians' services. Establishes an Advisory Committee on Health Care Technologies and Procedures to examine: (1) the appropriateness of the various interventions and conditions under which they are needed; (2) the safety and efficacy of alternative therapeutic and preventive regimens; and (3) the standards for availability and utilization of various technologies. Directs the Advisory Committee to report on whether or not payments should be made for such services. Sets forth definitions used in title XXI. Prohibits regulations determining reasonable cost from including any provision for specific recognition of a return on equity capital for certain proprietary facilities. Authorizes State demonstration projects which encourage the care of individuals who are chronically ill or severely disabled outside of institutions. Authorizes, in certain instances, the modification of demonstration project provisions so that a project need not maintain the rate of increase in Medicare hospital costs in a State below the national rate of increase in Medicare hospital costs.
United States · United States Congress · 8 June 1983
Appropriates FY 1984 funds for National Institutes of Health scientific and medical research on acquired immune disorders and related opportunistic infections.
United States · United States Congress · 8 June 1983
Appropriates FY 1984 funds for Centers for Disease Control epidemiological and medical research on acquired immune disorders and related opportunistic infections.
United States · United States Congress · 7 June 1983
Designates the U.S. Post Office Building, 41-65 Main Street, Flushing, New York, as the Benjamin S. Rosenthal Post Office Building. Requires the Postmaster General to install an appropriate plaque indicating such designation.
![Official portrait of Rep. Biaggi, Mario [D-NY-19]](https://www.congress.gov/img/member/b000432_200.jpg)