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United States · Official source
2,041 records where Rep. Donnelly, Brian J. [D-MA-11] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 29 June 1984
Designates the week of March 1 through March 7, 1985, as National Weights and Measures Week.
United States · United States Congress · 28 June 1984
Expresses the sense of the Congress that in light of the Helsinki Final Act of the Conference on Security and Cooperation in Europe and other specified human rights agreements, the Soviet Union should: (1) provide the signatories of the Helsinki Final Act with information on the whereabouts, health, and legal status of Andrei Sakharov and Yelena Bonner; (2) void all charges against Yelena Bonner and issue her an exit visa in order to obtain medical care outside of the Soviet Union; and (3) allow them to live in the country of their choice. Urges the President to: (1) protest the Soviet Government's continued refusal to provide such information and to issue Yelena Bonner an exits visa; and (2) call upon all other signatory nations of the Helsinki Final Act to join in such protests.
United States · United States Congress · 27 June 1984
Authorizes election agencies to mail voter registration forms, absentee ballots, and certain related materials free of postage. Declares that this Act does not apply to mail matter transmitted under the Federal Voting Assistance Act of 1955 or the Overseas Citizens Voting Rights Act of 1975.
United States · United States Congress · 27 June 1984
Designates the week of September 10 through September 16, 1984, as Teenage Alcohol Abuse Awareness Week.
United States · United States Congress · 26 June 1984
Designates October 1984 as National Quality Month.
United States · United States Congress · 25 June 1984
Designates July 9, 1984, as African Refugees Relief Day.
United States · United States Congress · 19 June 1984
Designates the week beginning September 2, 1984, as Youth of America Week.
United States · United States Congress · 18 June 1984
Designates the week beginning February 17, 1985, as a time to recognize the contributions of volunteers who give their time to become Big Brothers and Big Sisters to youths in need of adult companionship.
United States · United States Congress · 13 June 1984
Amends the Federal criminal code to define "armor piercing ammunition." Excludes from the definition: (1) shot gun shot required by Federal or State regulations for hunting; (2) frangible projectiles for target shooting; and (3) projectiles that the Secretary of Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor piercing ammunition. Allows for: (1) the manufacture or importation of armor piercing ammunition for the use of the United States or any State or local government; and (2) manufacture for the sole purpose of exportation. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor piercing ammunition. Imposes an additional mandatory sentence of not less than five years for any person who uses or carries a firearm and is in possession of armor piercing ammunition during the commission of a violent felony. Provides that such sentence shall not be suspended nor probation nor parole granted.
United States · United States Congress · 12 June 1984
Designates November 1984 as National Diabetes Month.
United States · United States Congress · 6 June 1984
American Footwear Act of 1984 - Limits the imports of nonrubber footwear to 400,000,000 pairs per year. Directs the Secretary of Commerce (the Secretary) to allocate the import limitations among foreign countries, taking into consideration: (1) average levels of imports for the period 1978 through 1982; (2) findings of unfair trade practices with respect to nonrubber footwear products; and (3) recent market trends. Requires the Secretary to publish annually in the Federal Register the permissible level of imports by country, groups of countries, or area. Directs the Secretary and the Secretary of the Treasury to take all necessary actions to enforce this Act. Authorizes the Secretaries to issue such implementing regulations as necessary to effect the purposes of this Act and to enforce its provisions.
United States · United States Congress · 6 June 1984
Designates the month of August 1984 as Ostomy Awareness Month.
United States · United States Congress · 24 May 1984
Designates the week of October 14 through October 20, 1984, as Myasthenia Gravis Awareness Week.
United States · United States Congress · 24 May 1984
Designates August 1984 as Polish American Heritage Month.
United States · United States Congress · 24 May 1984
Expresses the sense of the House of Representatives that current tax incentives for renewable energy sources should be extended.
United States · United States Congress · 23 May 1984
Designates the week beginning on September 9, 1984, as National Community Leadership Week.
United States · United States Congress · 17 May 1984
Expresses the sense of the Congress that: (1) the parties in the New Ireland Forum are to be commended for their efforts to promote reconciliation of the two communities in Northern Ireland; and (2) all political parties in Northern Ireland and the British and Irish Governments should review the findings and recommendations of the Forum.
United States · United States Congress · 16 May 1984
Designates July 28, 1984, as First United States Olympic Team Day.
United States · United States Congress · 10 May 1984
Superfund Expansion and Protection Act of 1984 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) (the Act) to revise the definition of "hazardous substance" to include petroleum (including crude oil or any fraction thereof) which: (1) is released from an underground storage tank (as defined in title IV of this title); or (2) may present a significant risk to human health. Transfers the definition of "pollutant or contaminant" from under provisions for response authorities under the Act to among the definitions for purposes of the entire Act. Provides that such term shall include petroleum (including crude oil or any fraction thereof) only in the case of a release from an underground storage tank as defined in title IV of this title. Adds references to "pollutants or contaminants" under specified provisions of the Act. Directs the Administrator of the Environmental Protection Agency (EPA) (the Administrator) to promulgate regulations, within six months after enactment of this Act, establishing that one single quantity shall be the reportable quantity of any hazardous substance regardless of the medium into which the hazardous substance is released. Increases the amount of criminal fines and the duration of criminal sentences for specified violations under the Act. Adds civil penalties for specified violations under the Act. Revises response authorities provisions to transfer from the President to the Administrator the authority to determine whether a response action will be done properly by the responsible party. Authorizes the Administrator, as well as the President, to undertake response actions. Requires that any removal action undertaken by the Administrator, or by any responsible party, be consistent, to the extent practicable, with any long term remedial action with respect to the release or threatened release. Directs the Administrator, to the maximum extent possible, to assess the risk to human health associated with the release or threatened release. Revises response authorities provisions relating to agreements with States. Requires States to make specified agreements with the Administrator, rather than with the President. Eliminates the requirement that a State assure all future maintenance of the removal and remedial actions provided for the expected life of such actions. Requires the State to pay ten percent of the costs of remedial action and ten percent of all future operation and maintenance costs of any onsite remedial action. Requires a 50 percent or greater State share of response costs only in the case of facilities operated, as well as owned, by the State or local government at the time of hazardous waste disposal. Requires the State to also pay all future operation and maintenance costs of any onsite remedial action at such State or locally owned and operated facilities. Provides for credits to any State which has paid more than a ten percent share of remedial costs at a facility owned, but not operated, by such State or local government. Provides that reasonable administrative expenses may be credited against a State's ten percent share. Sets forth mandatory cleanup standards. Directs the Administrator, rather than the President, to select appropriate cost-effective remedial actions determined to be necessary. Requires that such actions be in accordance with: (1) the National Contingency Plan, to the extent practicable; and (2) a required protection level. Directs the Administrator, in evaluating the cost-effectiveness of a remedial action, to consider permanent solutions and alternative treatment technologies to the maximum extent practicable. Requires that the remedial action provide for a level or standard of control necessary to protect human health and the environment. Requires that such level or standard be as stringent as the most stringent applicable standard under the Toxic Substances Control Act, Safe Drinking Water Act, Clean Air Act, or Clean Water Act (or water quality criteria under the Clean Water Act). Requires that any remedial action which provides for containment at the facility comply with standards applicable to facilities required to obtain hazardous waste management permits under the Solid Waste Disposal Act. Authorizes the Administrator to waive the requirement of the most stringent applicable standard, or of the specified containment standard, and to select an alternative remedial action upon a finding that: (1) such alternative remedial action will provide substantially equivalent protection; or (2) compliance with such requirements at that facility will consume such a disproportionate share of the resources of the Hazardous Substances Trust Fund (the Fund) as to have the effect of deferring or preventing remedial action at other facilities which pose a significantly greater threat to human health and the environment. Prohibits permit requirements for any removal or remedial action undertaken pursuant to the Act at the location of the release or threatened release. Authorizes the Administrator to establish the exclusive administrative procedures for making any determination under provisions for required protection level. Revises provisions for information gathering and access authorities to refer to the Administrator, rather than the President. Applies specified information requirements to generators of hazardous wastes, even if such information is available at the facility where such waste is located. Provides for access to such facilities by duly designated Federal and State officers, whenever necessary to carry out any provision of the Act, at reasonable times and for a reasonable duration. Prohibits anyone from impeding or interfering with such entry. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to prepare toxicological profiles sufficient to establish the likely effect on human health of at least 100 hazardous substances which are most frequently found or which pose the most significant threat to human health at facilities listed on the National Priorities List prepared under the National Contingency Plan. Requires that the 100 profiles be completed 48 months after enactment of this Act (at 12-month intervals for four groups of 25 substances). Adds new provisions for public participation in remedial action planning. Sets forth mandatory remedial action schedules. Directs the Administrator (of EPA) to commence remedial investigations for all facilities which are listed, as of the enactment date of this Act, on the National Priorities List (NPL) in accordance with the following schedule: (1) one-third of such facilities within six months after such enactment date; (2) two-thirds within 12 months after such date; and (3) all within 18 months after such date. Directs the Administrator to list not fewer than 1,600 facilities on the NPL by January 1, 1988. Directs the Administrator to commence remedial actions and feasibility studies for each facility added to the NPL after the enactment date of this Act within six months after addition of such facility to the NPL. Directs the Administrator to ensure that substantial and continuous physical on-site remedial action commences at facilities on the NPL at a rate of not fewer than 150 facilities per year beginning on October 1, 1986. Directs the Administrator to complete by January 1, 1987, preliminary assessments of all sites listed, as of the enactment date of this Act, on the Emergency and Remedial Response Information System. Directs the Administrator to ensure that remedial action is completed, to the maximum extent feasible, for all facilities listed as of the date of enactment of this Act on the NPL within five years after such enactment date. Directs the Administrator to publish an explanation of why any such remedial action could not be completed within such period. Sets forth provisions for citizen petitions for health effects studies and for emergency relief. Allows any individual or group of individuals to submit a petition to the Administrator providing evidence which: (1) demonstrates that such individual or individuals are being exposed to any hazardous substance; and (2) provides an empirical analysis of the level of exposure. Directs the Administrator to initiate a health effects study upon determination that: (1) there is a reasonable likelihood that such substance is from a facility where such substance is or was treated, stored, recycled, or disposed of, on a regular basis, or where removal action is being or was taken under any provision of the Act; and (2) the exposure may present a significant risk to human health. Directs the Administrator (or the ATSDR Administrator if so designated by the Administrator), within 30 days after receipt of such petition, to: (1) initiate a health effects study; or (2) publish a written explanation of the determination which prevented initiation of the study. Requires that each such health effects study be completed within six months after the date the petition is filed and include specified information. Requires that steps be taken to eliminate any significant risk to human health which such study finds the exposure concerned presents. Provides that such steps may include provision of alternative drinking water supplies and relocation of individuals. Requires that the National Contingency Plan (NCP) be revised within 18 months after the enactment of this Act to reflect the amendments made by this Act. Requires that the portion of the NCP known as "the National Hazardous Substance Response Plan" be revised to provide procedures and standards for remedial actions consistent with protection level requirements under this title. Sets forth provisions for citizen petitions for site ranking. Directs the Administrator, within 12 months after receipt of a citizen petition, to complete a preliminary assessment of the hazards to public health and environment associated with any actual or threatened release of a hazardous substance or pollutant or contaminant. Directs the Administrator, if such assessment indicates a significant threat, to make a prompt evaluation in accordance with the hazard ranking system referred to under specified provisions of the Act to determine the national priority of such release or threatened release. Requires that plan criteria for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action shall also take into account: (1) the release-associated damage to natural resources which may affect the human food chain; and (2) the release-associated contamination or potential contamination of the ambient air. Sets forth provisions for abatement actions. Directs the Administrator, within 18 months after enactment of this Act, and after consultation with the Attorney General, to revise and republish specified guidelines for using imminent hazard, enforcement, and emergency response authorities to effectuate the responsibilities and powers created by this Act. Authorizes the Administrator to establish administrative procedures regarding the opportunity for a person to object to an abatement order under this title. Provides that no court shall have jurisdiction to review any such abatement order in any action other than an action to: (1) enforce such order; (2) recover a penalty for a violation; or (3) recover punitive damages. Revises liability provisions to provide for liability for Federal or State costs of removal or remedial action with respect to a release or threatened release (whether or not such action is consistent with the NCP). Adds liability for Federal or State costs of information gathering with respect to a release or threatened release. Adds liability for the costs of any action taken by the Administrator, under specified citizens petition and emergency relief provisions of this Act, to eliminate a significant risk to human health presented by exposure to a hazardous substance, pollutant, or contaminant and the costs of any health effects study carried out under such provisions with respect to such exposure. Provides that liability under the Act (CERCLA) shall be strict, joint, and several as construed and applied under specified provisions of the Federal Water Pollution Control Act and under these CERCLA liability provisions. Provides that amounts recoverable shall include interest at a specified rate. Prohibits the Attorney General from representing any Federal agency (other than the EPA) in any civil action under title I (Hazardous Substances Releases, Liability, Compensation) of the Act (CERCLA). Authorizes the head of any such Federal agency to appoint agency attorneys or contract with non-Federal attorneys to represent the agency in any such action. Provides that, in any action under liability provisions of the Act, the results of laboratory tests conducted by the Administrator (or by a State) to determine what substances are present at the facility where a release or threatened release occurs may be introduced into evidence and shall be presumed to be accurate. Provides that such presumption shall be overcome if the defendant establishes by a preponderance of the evidence that such test results lack a reasonable basis. Adds to authorized uses of the Fund the payment of any costs incurred under provisions of this Act: (1) relating to emergency relief and health effects studies; (2) by the ATSDR in preparing specified toxicological profiles; and (3) by the Administrator in evaluating facilities pursuant to petitions for preliminary assessments of hazards to public health. Eliminates a requirement that 85 percent of specified money credited to the Fund be available only for specified purposes. Limits to six percent of such money the amount available for payment of specified claims. Revises audit provisions to direct the Inspector General of the EPA, in each fiscal year, to: (1) conduct an annual audit of the Trust Fund; (2) report on the status of all remedial and enforcement actions taken during the prior fiscal year; and (3) estimate the amount of resources, including the number of work years or personnel, which would be necessary for the Administrator to complete the implementation of all duties vested in the Administrator under this title. Requires that such audit and such status report: (1) include specified information; and (2) be reported annually by the Inspector General to the Congress. Prohibits any potentially liable person from seeking judicial review of any determination to incur any governmental response costs pursuant to response authorities provisions or to utilize the Fund for payment of such costs except in an action to recover such costs under liability provisions. Revises statute of limitations provisions under the Act. Prohibits, with specified exceptions for minors or incompetent persons, presentation of any claim or commencement of any action for damages, as defined under the Act, beyond three years after the later of: (1) the date of the discovery of the loss; (2) the date on which regulations are promulgated under specified provisions for the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release of oil or hazardous substance for purposes of the Act and of specified provisions of the Federal Water Pollution Control Act; or (3) the date on which regulations are promulgated establishing procedures for the filing of such claims. Sets a statute of limitations of six years after the date of the completion of the response action for presentation of claims or commencement of actions for recovery of response costs in cases involving the responsible person's willful misconduct or willful negligence, violation of safety, construction, or operating standards or regulations, or failures or refusals to provide reasonable cooperation and assistance requested by public officials. Extends the deadline for promulgation of regulations for the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release of oil or a hazardous substance for purposes of the Act and of specified provisions of the Federal Water Pollution Control Act. Sets forth provisions concerning the relationship of this Act to other law. Authorizes States to require any person to contribute to any fund to pay compensation for claims for any response costs or damages or claims which may be compensated under the Act. Title II: Federal Cause of Action - Subtitle A: Federal Cause of Action - Establishes a Federal cause of action for damages to an individual which result from harm caused by a release of a hazardous substance from specified facilities. Allows the individual or the individual's dependents to sue for compensable damages under this title. Makes liable for such damages: (1) the owner or operator of a vessel (otherwise subject to the jurisdiction of the United States) or a facility; (2) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substance was disposed of; (3) any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility owned or operated by another party or entity and containing such hazardous substances; and (4) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities or sites selected by such person. Makes such liability strict. Makes such liability joint and several, with specified exceptions. Sets forth defenses to such strict liability. Makes the following damages compensable under this title: (1) any medical expenses, rehabilitation costs, or burial expenses due to personal injury, illness, or death; (2) any loss of income or profits or any impairment or loss of earning capacity due to personal injury, illness, or death; (3) any pain or suffering which results from personal illness, injury, or death; and (4) any economic loss and any damages to property, including diminution in value. Provides for jurisdiction over such Federal cause of action in U.S. district courts. Provides that such Federal jurisdiction shall not affect the jurisdiction of any State court with respect to any action. Authorizes the court to award litigation costs where appropriate. Provides that nothing in this title shall be construed to preempt, or otherwise affect, any provision of State law regarding liability for damages in connection with any hazardous substance. Subtitle B: General Provisions - Sets forth a three-year statute of limitations, with specified exceptions for minors or incompetent persons, for actions under this title beginning on the later of: (1) the date the individual knew (or reasonably should have known) that the injury, illness, or death or other expense was caused by the hazardous substance concerned; or (2) the date of enactment of this title. Prohibits any person who is an employee covered by a State or Federal worker's compensation plan which compensates employees for an injury, illness, or death arising out of and in the course of employment (or pursuant to similar tests of work-relatedness) from recovering any amount under this title for such injury, illness, or death. Title III: Miscellaneous Provisions - Eliminates provisions under the Act (CERCLA) relating to a legislative veto. Authorizes citizen lawsuits under the Act (CERCLA). Sets forth provisions relating to such citizen lawsuits. Title IV: Regulation of Underground Storage Tanks - Establishes a program for identification and regulation of underground storage tanks containing hazardous substances (including petroleum products), and for cleanup of leaks from such tanks. Defines "hazardous substance" for purposes of this title as: (1) any substance designated pursuant to specified provisions of the Federal Water Pollution Control Act; (2) any element, compound, mixture, solution, or substance designated pursuant to the CERCLA definition of "pollutant or contaminant," as added by this Act; (3) any hazardous waste having the characteristics identified under or listed pursuant to hazardous waste management provisions of the Solid Waste Disposal Act (but not including any waste the regulation of which under such Act has been suspended by Act of Congress); (4) any toxic pollutant listed under specified provisions of the Federal Water Pollution Control Act; (5) any hazardous air pollutant listed under specified provisions of the Clean Air Act; (6) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to specified provisions of the Toxic Substances Control Act; and (7) any petroleum product or fraction thereof. Excludes from such term natural gas, natural gas liquids, propane, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). Defines "underground storage tank" to include underground pipes connected to such a tank, and lists the following exclusions from this term: (1) farm or residential underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) underground storage tanks used for storing heating oil for consumptive use on the premises where stored; (3) residential septic tanks; (4) pipelines regulated under the Natural Gas Pipeline Act of 1968; or (5) surface impoundments, pits, ponds, lagoons, or basins. Sets forth notification requirements applicable to any person who, during the calendar year immediately preceding the calendar year in which this title was enacted, has supplied any hazardous substance to 100 or more sites where there is an underground storage tank which is or has been used for the storage of any hazardous substance. Requires such persons to notify a designated State or local agency of the existence of any such tank located at such a site. Directs the Administrator, within eight months after the enactment date of this Act, to promulgate regulations (taking into account the effect on small business) regarding the providing of notice to obtain information concerning any such tanks which are not located at such sites. Requires that the notice required of such persons supplying hazardous substances to 100 or more sites where such tanks are located be provided within 12 months after the enactment of this title. Requires that the notice required with respect to all other sites where such tanks are located be provided within 12 months after the promulgation of such regulations. Requires that specified information be contained in those notices required of the suppliers to 100 or more sites and in those notices required of owners or operators which install or bring into use an underground storage tank after the enactment of this Act. Sets forth other information requirements for notices required of the suppliers to 100 or more sites, and for notices required pursuant to regulations for tanks at other sites, in the case of any such tank used for such storage prior to the enactment of this Act but taken out of operation before such enactment date (but after January 1, 1974). Provides that notice shall not be required under this title in the case of any tank for which notice was given pursuant to specified provisions of CERCLA. Requires any owner or operator which installs or brings into use an underground storage tank after the enactment of this Act to notify the designated State or local agency within a specified period. Directs the Governor of each State, within 90 days of such enactment date, to designate the appropriate State or local agencies to receive such notifications. Directs the Administrator, within 180 days of such enactment date and in consultation with designated State and local officials, to prescribe in greater detail the form and content of such notifications. Provides that, if a Governor chooses not to designate a State or local agency for such purpose, such notifications shall be submitted to the Administrator. Requires the State, if such notifications are submitted to a designated State or local agency, to compile the submitted information into a comprehensive inventory and furnish such inventory to the Administrator within 18 months of such enactment date. Sets forth provisions for release detection, prevention, and correction regulations applicable to all owners and operators of underground storage tanks used for storing hazardous substances. Directs the Administrator to promulgate such regulations after opportunity for public comment and within 18 months after enactment of this title. Requires that such regulations include requirements respecting specified areas, including: (1) leak detection or inventory systems and tank testing; (2) records of such testing, inventory, or detection; (3) reporting releases and corrective actions; (4) standards of performance for new underground tanks, including specified requirements; (5) corrective actions; (6) closure to prevent future release; and (7) evidence of financial responsibility for taking corrective action and for bodily injury and property damage to third parties. Prohibits, until the effective date of such regulations and after 180 days from the enactment of this Act, any person from installing or beginning to use an underground storage tank to store hazardous substances unless such tank is cathodically protected against corrosion, constructed of a noncorrosive material, or contained in a manner designed to prevent the release into the environment of any stored hazardous substances. Sets forth provisions for the Administrator's review and approval of State programs for underground storage tank release detection, prevention, and correction. Requires the State to demonstrate that the State program is equivalent to the Federal program under this title and that it provides for adequate enforcement of compliance with program requirements. Requires that a State's new tank standards be no less stringent than the performance standards promulgated by the Administrator pursuant to this title. Provides for notice and opportunity for public comment before determinations concerning approval of State programs are made. Gives States with approved programs primary enforcement responsibility for requirements related to control of underground storage tanks used to store hazardous substances. Provides for withdrawal of approval upon the Administrator's determination, after public hearing, that a State is not administering and enforcing the program in accordance with specified requirements. Sets forth provisions relating to inspections, monitoring, and testing. Sets forth provisions for confidentiality of information, and criminal penalties for violations of such confidentiality. Requires that all information reported to, or otherwise obtained by, the EPA under this title be made available, upon written request, to any duly authorized committee of the Congress. Sets forth provisions for Federal enforcement of requirements under this title. Sets forth civil penalties for specified violations. Makes requirements under this title applicable to Federal facilities. Authorizes the President to grant exemptions from such requirements upon determination that it is in the paramount interest of the United States to do so. Requires the President to report annually to Congress on such exemptions and the reasons for granting them. Provides that nothing in this Act shall preclude or deny any State or local authority to regulate more stringently underground storage tanks used to store hazardous substances. Directs the Administrator, within 36 months after the enactment of this title, to study the following underground storage tanks exempted under the definition of "underground storage tanks": (1) farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; and (2) tanks used for storing heating oil for consumptive use on the premises where stored. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and the Congress on the results of the study, with recommendations as to whether or not such tanks should be subject to regulation under this title. Title V: Amendments of the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to increase the environmental tax on petroleum from 0.79 cent to 4.5 cents a barrel, effective October 1, 1985. Extends the period before such tax is terminated until September 30, 1990. Repeals specified CERCLA sunset provisions relating to expiration of the authority conferred by CERCLA to collect environmental taxes. Repeals specified provisions of the Hazardous Substance Response Revenue Act of 1980 relating to the Post-Closure Tax and Trust Fund, and the amendments made by such provisions. Repeals specified CERCLA provisions relating to the Post-Closure Liability Fund. Requires that all sums credited to the Post-Closure Liability Trust Fund established under the Hazardous Substance Response Revenue Act of 1980 which have not been obligated prior to the date of enactment of this title shall be refunded to the persons who paid taxes under specified provisions of the Internal Revenue Code. Requires that such funds be made on a ratable basis in proportion to the total amount of such taxes which were paid by each such person. Adds provisions for a waste end tax, effective January 1, 1987, to Internal Revenue Code provisions for environmental taxes. Imposes such waste end tax on the disposal of any hazardous substance, if such disposal is required to be carried out in compliance with hazardous waste management provisions of the Solid Waste Disposal Act. Sets the amount of such waste end tax in the case of: (1) any hazardous substance for which there is in effect under specified CERCLA regulations a reportable quantity of one pound or less, at $15 for each metric ton disposed of by underground injection and $30 for each metric ton not disposed of by such method; (2) all hazardous substances for which there is in effect under specified CERCLA regulations a reportable quantity of more than one pound, at $5 for each metric ton disposed of by underground injection and $10 for each metric ton not disposed of by such method. Provides that, in the cases of mixtures of hazardous substances with reportable quantities of one pound or less and those with reportable quantities more than one pound, the entire mixture shall be deemed to have a reportable quantity of one pound or less. Requires the owner or operator of the facility to pay such waste end tax with respect to the disposal of any hazardous substance at a facility for which a permit is in effect under the hazardous waste management provisions of the Solid Waste Disposal Act. Requires the person disposing of the hazardous substance to pay such waste end tax with respect to any other disposal of any hazardous substance. Provides that such waste end tax shall not apply after September 30, 1990. Sets forth exemptions from such waste end tax. Provides that such tax shall not apply to the disposal of: (1) any substance by incineration in accordance with the standards applicable to incineration facilities under hazardous waste management provisions of the Solid Waste Disposal Act; (2) any substance by any person in the course of carrying out any removal and remedial action under CERCLA; or (3) any solid waste which is required to be studied under specified provisions of the Solid Waste Disposal Act unless, after the completion of the studies, a law is enacted subjecting such waste to the waste end tax. Sets forth definitions and special rules relating to such waste end tax, including rules treating waste as disposed of not later than one year after generation and as generated not earlier than the date such waste is identified as hazardous, and a rule imposing a fraction of the tax for a fraction of a metric ton of waste. Amends the Hazardous Substance Response Revenue Act of 1980 to provide that revenues from such waste end tax shall be deposited in the Hazardous Substance Response Trust Fund. Amends Internal Revenue Code provisions relating to the environmental tax on certain chemicals (and metals). Increases the rate of such tax on most chemicals on the list (but decreases such tax rate for methane). Adds other chemicals (and metals) to such tax list. Eliminates the listings of zinc chloride and zinc sulfate, but adds zinc to the list for purposes of such tax. Revises the exemption for substances derived from coal from such tax on chemicals to provide that the following substances shall not be exempt from such tax: benzene, tolvene, xylene, naphthalene, tars, and light oils. Expands the exemption for substances used in the production of fertilizer from such tax on chemicals to include as qualified substances specified substances which are sold for resale by any purchaser for use or for resale for ultimate use in a qualified use. Makes such amendments relating to the tax on certain chemicals effective on October 1, 1985. Amends the Hazardous Substance Response Revenue Act of 1980 to revise provisions relating to the Hazardous Substance Response Trust Fund (the Fund). Authorizes appropriations to the Fund for FY 1986 through 1990. Expands the scope of authorized expenditures from the Trust Fund by authorizing expenditures for other costs described under specified CERCLA provisions. Increases from 85 percent to 94 percent the Fund amounts reserved for expenditures for specified purposes. Revises provisions relating to the Fund's authority to borrow repayable advances. Extends through March 31, 1988, the period during which advances may be made for payment of response costs. Extends through September 30, 1990: (1) the period during which other advances may be made to the Fund; and (2) the deadline for final repayment of all advances to the Trust Fund.
United States · United States Congress · 10 May 1984
Designates the week beginning on October 7, 1984, as National Neighborhood Housing Services Week.
United States · United States Congress · 3 May 1984
Education for the Gifted and Talented Children and Youth Improvement Act of 1984 - Authorizes the Secretary of Education to make grants or enter into cooperative agreements with State education agencies for one or more of the following purposes: (1) developing exemplary programs for gifted and talented children and youth, including summer programs and programs operated by State and local educational agencies and cooperative programs with business, industry, government, and higher education; (2) developing and supporting business, industry, government, and higher education partnerships with elementary and secondary education to plan and implement cooperative comprehensive educational programs for such children and youth; (3) promoting the development of programs for such children and youth within the State; and (4) improving methods of identifying such children and youth. Authorizes appropriations for such grants and cooperative agreements for FY 1985 through 1987. Authorizes the Secretary to make grants to institutions of higher education, State education agencies, and private nonprofit organizations to provide preservice and inservice training to personnel involved in the education of gifted and talented children and youth. Authorizes appropriations for such grants for FY 1985 through 1987. Authorizes the Secretary to make grants to, or enter into contracts or cooperative agreements with, institutions of higher education, State education agencies, and private nonprofit organizations to conduct: (1) research on techniques for teaching gifted and talented children and youth; and (2) program evaluations, surveys, and activities to collect, develop, and disseminate information and technical assistance. Authorizes appropriations for such grants, contracts, and cooperative agreements for FY 1985 through 1987. Directs the Secretary to submit to the Congress and make available to the public, one year from the date of enactment of this Act: (1) a report on the state of special educational opportunities for gifted and talented children and youth; (2) a departmental plan for advancing such opportunities; and (3) recommendations to the Congress regarding future legislative activities. Requires that particular emphasis be given in programs established under this Act to the identification of gifted and talented children and youth who may not be so identified through traditional assessment methods, most notably minority and handicapped children, and youth and women. Sets forth provisions for participation by children and teachers from private schools in programs funded under this Act.
United States · United States Congress · 2 May 1984
Arms Race Moratorium Act - Expresses the sense of the Congress that the President should immediately communicate to the Soviet Union the willingness of the United States to enter into a mutual United States - Soviet Union moratorium on the flight testing and deployment of new ballistic missiles and anti-satellite weapons and the testing of nuclear warheads. Prohibits spending or obligating any U.S. funds for the flight testing or deployment of new ballistic missiles, the flight testing against objects in space or the deployment of anti-satellite weapons, or the testing of nuclear warheads if, within 90 days of enactment of this Act, the President has not made such a communication with the Soviet Union and, within such period, the Soviet Union communicates to the President that at the end of the 90 days the Soviet Union will observe a mutual United States - Soviet Union moratorium on such testing and deployment. Authorizes U.S. funding for such testing and deployment if, after the beginning of the moratorium, the President certifies to Congress that the Soviet Union has conducted a test or deployed a missile or anti-satellite weapon or tested a nuclear warhead inconsistent with the moratorium. Requires the President, as part of such certification, to submit to Congress an unclassified report summarizing the basis for the certification and a classified report describing in detail the basis for the certification. Directs the President to report annually to the Congress: (1) on the progress in negotiating nuclear arms control agreements with the Soviet Union; (2) on whether the President believes that continuation of the moratorium is in the best national security interests of the United States. Authorizes Congress, if the President states that continuation of the moratorium is not in the best national security interests of the United States, to enact a joint resolution which terminates the moratorium and permits funds, to be used for testing and deployment.
United States · United States Congress · 2 May 1984
Truck Safety Act of 1984 - Amends the Surface Transportation Assistance Act of 1982 to authorize the Secretary of Transportation to exempt segments of the Interstate Highway System from the requirement that commercial motor vehicle combinations consisting of a truck tractor and two trailing units (double bottom trucks) be allowed to operate on the National System of Interstate and Defense Highways. Authorizes the Secretary to make similar exemptions from length and width limitations on federally-assisted highways.
United States · United States Congress · 2 May 1984
Authorizes the 1984 Olympic torch relay to be run through the U.S. Capitol Grounds.
United States · United States Congress · 25 April 1984
Designates October 16, 1984, as World Food Day.
United States · United States Congress · 12 April 1984
Atlantic Striped Bass Conservation Act - Requires the Atlantic States Marine Fisheries Commission to: (1) decide in 1984 whether each Coastal State has enforced implementation of the guidelines for the Interstate Fisheries Management Plan for Striped Bass (Plan) and to notify the Secretary of Commerce (the Secretary) of any negative decision; and (2) biannually monitor, beginning in 1985, and report to the Secretary on the enforcement of the Plan by such States. Requires the Secretary upon notification of a negative decision by the Commission to declare a moratorium on fishing for Atlantic striped bass within the coastal waters of the offending State. Lists activities which are prohibited during such moratorium. Sets forth penalties for noncompliance with the provisions of this Act. Declares that any vessel connected with a violation shall be subject to forfeiture to the United States. Grants jurisdiction to the United States district courts over civil forfeitures. Provides beginning and ending effective dates for this Act. Authorizes appropriations.
United States · United States Congress · 12 April 1984
Civil Rights Act of 1984 - Amends the Education Amendments of 1972, the Rehabilitation Act of 1973, the Age Discrimination Act of 1975 and the Civil Rights Act to prohibit discrimination by any recipient of Federal financial assistance. (Currently, discrimination is prohibited only in a program or activity receiving Federal assistance.) Defines the term "recipient" to extend comprehensive coverage for purposes of the four Acts to any State or local governmental unit, any public or private agency or entity, and any subunit, successor, assignee, or transfereee of any such unit, agency, or entity.
United States · United States Congress · 12 April 1984
Designates the week beginning on November 11, 1984, as National Blood Pressure Awareness Week.
United States · United States Congress · 11 April 1984
Designates the week beginning September 2, 1984, as National School-Age Child Care Awareness Week.
United States · United States Congress · 11 April 1984
Designates July 1984 as National Ice Cream Month and July 15, 1984, as National Ice Cream Day.
United States · United States Congress · 10 April 1984
Extends coverage under the Survivor Benefit Plan to surviving spouses of certain members of the military reserves who died before reaching age 60 but who would otherwise have been eligible for a military pension.
United States · United States Congress · 9 April 1984
Omnibus Budget Reconciliation Act of 1984 - Title I: Agricultural Programs - Incorporates by reference the conference report on H.R. 4072, the Wheat Improvement Act of 1983 (H. Report 98-646) dealing with: (1) price supports for wheat, feed grains, upland cotton, and rice; (2) export assistance; and (3) agricultural credit. Title II: Civil Service and Military Retirement Programs - Limits the cost of living increase in the annuity or retired or retainer pay of a Government retiree for FY 1986 and 1987 to one-half of the increase that would otherwise be effective if: (1) the retiree is under 62 years of age as of the effective date of the increase; and (2) the annuity or retired or retainer pay is based on the retiree's Government service (but is not computed on the basis of a disability). Requires any survivor annuity which is based on the service of any such retiree to be computed as if this title had not been enacted. Title III: Health Programs - Medicare and Medicaid Budget Reconciliation Amendments of 1984 - Part A: Medicare Reconciliation Amendments - Directs the Secretary of Health and Human Services to establish a national fee schedule for diagnostic laboratory tests for which payment is made under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act. Directs the Secretary to set the fee schedule at 60 percent of the prevailing charges paid under part B for similar diagnostic laboratory tests during the 12-month period beginning July 1, 1984. Directs the Secretary, in addition to the amounts provided under the fee schedule, to provide for and establish a nominal fee payable to cover the costs of collecting the sample in a diagnostic laboratory test. Provides for Medicare payment of the lesser of 80 percent (or 100 percent in the case of tests for which payment is made on the basis of an assignment or in the situation of the death of a beneficiary) of the amount determined by the Secretary or the amount of billed charges. Eliminates the part B deductible for laboratory tests paid on the basis of an assignment and in the case of payment on behalf of a deceased beneficiary. Amends title XIX (Medicaid) to provide for Medicaid coverage of laboratory tests to the extent such coverage is provided under Medicare. Provides for Medicare coverage of hepatitis B vaccine and its administration in a hospital or renal dialysis facility. Revises provisions under part B of title XVIII relating to payment for the services of a teaching physician to limit, for the purposes of determining the customary charge, the consideration of charges made by a physician outside of teaching to charges made by nonteaching physicians. Provides that if all the teaching physicians in the hospital agree to have payment made for all physicians' services under part B furnished patients in the hospital on the basis of an assignment, the carrier shall take into account the amounts otherwise payable under part B with respect to similar services in the same locality. Directs the Secretary to compile annually a list of physicians serving individuals enrolled under part B indicating the share of claims which each physician has accepted on an assignment basis in the preceding year. Directs the Secretary to: (1) publish annually a list of all physicians who have agreed to accept payment on the basis of an assignment; and (2) annually provide enrollees with a list of physicians in their area who accept assignments. Directs the Secretary to study and report to Congress on methods by which payment amounts and other program policies under part B may be modified to: (1) eliminate inequities in the relative amounts paid to physicians by type of service, locality, and specialty; (2) increase incentives for physicians and other suppliers to accept assignments; and (3) provide incentives for physicians and other providers not to provide increased or otherwise excessive amounts of hospital, physician, and other health care services. Directs the Secretary, in order to carry out the study and facilitate congressional review, to compile a centralized Medicare part B charge data base utilizing information gathered by Medicare carriers and used by the carriers in making the 1984 reasonable charge updates. Directs the Secretary to issue revisions to the current guidelines for payment under part B for physicians' services for the transtelephonic monitoring of cardiac pacemakers. Requires such guidelines to include provisions regarding the specifications for and frequency of transtelephonic monitoring procedures which will be found reasonable and necessary. Directs the Secretary to: (1) review, and report to the appropriate congressional committees, regarding the appropriateness of the current rate of part B reimbursement for physicians' services associated with the implantation or replacement of pacemaker devices and pacemaker leads; and (2) consider reducing the recognized rates for such services by 20 percent. Directs the Secretary, through the Administrator of the Food and Drug Administration, to provide for a registry of all cardiac pacemaker devices and pacemaker leads for which payment was made under title XVIII. Directs the Secretary, in any case where the Secretary has reason to believe that replacement of a cardiac pacemaker device or lead for which Medicare payment is or may be requested is related to the malfunction of a device or lead, to require the testing of the device. Directs the Secretary to provide that payment will not be made under part B for a physician's debridement of mycotic toenails to the extent such debridement is performed more than once every 60 days, unless the medical necessity for more frequent treatment is documented by the physician. Allows payments to hospitals under part A (Hospital Insurance) of Medicare for the operation of mobile intensive care units if certain conditions are met. Provides for the appointment by the President (rather than by the Secretary of Health and Human Services) of the Administrator of the Health Care Financing Administration. Sets forth the pay level for the Administrator. Permits limited provider representation on peer review organizations (PRO's). Permits a physician who has a financial interest in an agency which is a sole community home health agency to carry out the certification and plan-of-care functions for patients who will receive services from the agency. Repeals certain special tuberculosis treatment requirements. Allows part B payments to be made to a health benefits plan, if the beneficiary agrees, and if the physician or supplier accepts the plan's payment as payment in full. Includes podiatrists in the definition of "physician" for outpatient physical therapy services. Includes podiatrists and dentists in the definition of "physician" for outpatient ambulatory surgery. Allows physical therapists to establish medicare qualified plans for physical therapy. Increases from $10,000 to $50,000 the minimum amount of any agreement between a medicare provider and a subcontractor before the Secretary or Comptroller General must have access to the subcontractor's records. Establishes the statutory right of Medicare to recover directly from a liable third party, if the beneficiary himself does not do so, and to pay a beneficiary, or on the beneficiary's behalf, pending recovery where such third party is not expected to pay promptly. Extends the Secretary's authority to rely on accrediting organizations in determining whether rural health clinics, laboratories, clinics, rehabilitation agencies, including outpatient rehabilitation facilities, and public health agencies meet Medicare requirements. Sets forth rules for the confidentiality of accreditation surveys. Limits coverage to 30 days for services furnished by a home health agency whose agreement has been terminated. Extends the Secretary's authority to exclude from Medicare participation (and to direct State agencies to exclude from Medicaid participation) any entity in which ownership or controlling interest is held by a person convicted of program-related criminal offenses, or in which an officer, director, agent, or managing employee was convicted of such criminal offense. Eliminates the Health Insurance Benefits Advisory Council. Requires the Secretary to designate one 30-day period in which all health maintenance organizations (HMO's) and competitive medical plans (CMP's) in an area participating in Medicare must have an open enrollment period. Specifies a deadline of July 1, 1985, for a report to Congress on including payment for physicians' services to hospital inpatients in DRG payment amounts. Authorizes the Secretary, if patient health and safety is not jeopardized, to apply less severe sanctions than are presently available for dealing with an end-stage renal disease facility which is not in compliance with applicable regulations. Makes the national end-stage renal disease medical information system discretionary with the Secretary. Removes the costs of nurse anesthetists from DRG-based payments. Sets forth rules for the determination of hospital area wage indexes. Revises the definition of bona fide emergency services for purposes of the limitations on payment for hospital outpatient services. Delays from October 1, 1983, to April 1, 1984, the effective date for single-rate for skilled nursing facilities. Part B: Medicaid Reconciliation Amendments - Provides that the Federal medical assistance percentage, under title XIX of the Social Security Act, shall be 100 percent with respect to amounts expended as medical assistance for services furnished to a "qualified pregnant woman or child." Defines a qualified pregnant woman or child as an individual who was not eligible for categorically needy coverage under Medicaid as of June 30, 1983, and who is: (1) under five years of age and who meets Aid to Families with Dependent Children (part A of title IV of the Social Security Act) requirements but does not receive cash payments and is a categorically needy individual; or (2) a pregnant woman who, at the State's option, may be deemed an AFDC recipient for Medicaid purposes or who is a member of a family which would be eligible for AFDC if the State's AFDC plan required payment of aid with respect to dependent children deprived of parental support by reason of the unemployment of a parent who is the principal earner. Authorizes a State's Medicaid plan to not take into account the financial responsibility of any individual for an applicant or recipient who is a pregnant woman under 21 who does not have legal custody over other children, unless the applicant or recipient is the individual's spouse, except that a State may limit the applicability of this provision to applicants and recipients living in such an individual's household or in a custodial institution for pregnant women. Provides that a child born to a woman eligible for and receiving Medicaid as of the child's birth shall be deemed to have applied for medical assistance and been found eligible for assistance on the child's birth date and shall remain eligible for assistance for one year so long as the child is a member of the women's household and the woman remains eligible for assistance. Revises Medicaid provisions relating to medically needy income levels. Provides that in the case of a family consisting of only two individuals both of whom are adults and at least one of whom is aged, blind, or disabled, the term "highest amount which would ordinarily be paid to a family of the same size" under the State's plan approved under part A of title IV of the Social Security Act shall, at the State's option, be the amount determined by the State to be the amount of aid which would ordinarily be payable under such plan to a family which consists of one adult and two children and which is without any income or resources. Revises Medicaid provisions relating to the recertification of need for stays in skilled nursing and intermediate care facilities. Requires recertifications for intermediate care facility patients to occur on or before 60 days of admission, six, 12, 18, and 24 months afterwards, and annually thereafter. Requires recertifications for skilled nursing facility patients to occur on or before 30, 60, and 90 days of admission, and every 60 days thereafter. Revises the penalty formula for noncompliance with the recertification requirements. Authorizes the Secretary to modify or waive the requirement which limits the total combined Medicare and Medicaid membership to 75 percent for a health maintenance organization if the organization: (1) is a nonprofit organization with at least 25,000 members; (2) is and has been a qualified health maintenance organization for at least four years; (3) provides basic health services through members of the staff of the organization; (4) is located in a medically underserved area; and (5) previously received a membership requirement waiver. Prohibits Medicaid copayments for prescribed drugs. Increases the maximum amount of Medicaid payments available to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. Provides that Medicaid provisions requiring a reduction of the amount of payment otherwise to be made to a public psychiatric hospital due to the level of care received in such hospital shall not apply to payments to hospitals before July 1, 1985. Provides that such a reduction made for payments during the 12-month period ending June 30, 1986, and during the 12-month period ending June 30, 1987, shall be one-third and two-thirds, respectively, of the amount of the reduction which would otherwise be required. Makes technical amendments to titles V (Maternal and Child Health Services) and XIX of the Social Security Act. Amends the Public Health Service Act to revise provisions relating to the recovery of Federal expenditures from a hospital or other medical facility under certain conditions. Provides that the United States shall be entitled to recover a certain amount, from either the transferor or transferee, if any such facility which received Federal funds for construction or modernization, under the Public Health Service Act, at any time within 20 years after the completion of construction or modernization: (1) is sold or transferred to any entity which is not qualified to file an application under such Act for a construction or modernization project or which is not approved as a transferee by a State; or (2) ceases to be a public health center or a public or other nonprofit hospital, outpatient facility, facility for long-term care, or rehabilitation facility. Provides that the amount the United States is entitled to recover, subject to certain exceptions, shall bear the same ratio to the then value of so much of the facility as constituted an approved project as the amount of the Federal financial participation bore to the cost of the construction or modernization of such project. Title IV: Small Business Programs - Amends the Small Business Act to extend through October 1, 1987, the requirement that agricultural producers seek disaster loan assistance from the Farmers Home Administration before applying for a Small Business Administration disaster loan. Title V: Veterans' Programs - Makes the effective date for the award of a military pension to the survivor of a veteran with a non-service connected disability the first day of the month in which the death occurred if the application is received within 60 days of the date of death. Increases from one-half to one percent the loan fee payable by a veteran receiving a Veterans Administration (VA) home loan. Extends from FY 1985 through FY 1987 the fee collection program. Directs that such fees be deposited in the VA Loan Guaranty Revolving Fund. Requires that the Administrator be notified by the holder of a guaranteed loan which is in default of any proposed public sale of the property securing the loan. Limits the liability of the United States under the guaranty to the difference between the amount of total indebtedness under the loan and the net value of the property where the Administrator determines that the net value of the property exceeds the amount of unguaranteed debt. Sets forth conditions under which the Administrator may or may not receive conveyance of the property depending upon whether the holder of the defaulted loan is the successful bidder and whether or not the bidding price meets, exceeds or is less than the net value of the property or the total indebtedness under the loan. Establishes the liability of the United States under the guaranty in each case. Directs the Administrator to reduce the number of vendee loans (loans made to purchasers of real property acquired by the VA because of the default of a guaranteed loan) to 75 percent of the number of sales of such property. Title VI: Savings in AFDC, SSI, and Other Programs - Subtitle A: Accelerated Collection and Deposit of Payments to Executive Agencies - Requires the head of each executive agency, under such regulations as the Secretary of the Treasury shall prescribe, to provide for the collection and timely deposit of money owed to such agency by the use of such procedures as withdrawals and deposits by electronic transfer of funds, automatic withdrawals from accounts of financial institutions, and a system under which financial institutions receive and deposit, on behalf of the agency, payments transmitted to post office lockboxes. Establishes in the Treasury a revolving fund to be known as the Cash Management Improvements Fund to be used for developing and implementing such collections and deposits. Provides that noncomplying agencies shall be assessed a charge which will be deposited in such Fund. Requires an agency to deposit in the Treasury money collected within three days of receipt. Subtitle B: Improvements in Administration of Social Security Earnings Test - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require the Secretary of Health and Human Services to establish procedures to avoid paying more than the correct amount of title II benefits to any individual as a result of such individual's failure to file a correct report or estimate of earnings or wages. Subtitle C: Improvements in SSI, AFDC, and Related Programs - Amends the Internal Revenue Code to authorize the Secretary of the Treasury, upon written request, to disclose return information with respect to unearned income to any officer or employee of any Federal, State, or local agency administering any of the following programs: (1) the Aid to Families with Dependent Children program (part A of title IV of the Social Security Act); (2) Medicaid (title XIX of the Social Security Act); (3) Supplemental Security Income program (title XVI of the Social Security Act); (4) as applicable to Puerto Rico, Guam, and the Virgin Islands any benefits provided under titles I (Old Age Assistance and Medical Assistance for the Aged), X (Aid to the Blind), XIV (Aid to the Permanently and Totally Disabled), and XVI of the Social Security Act; and (5) the Food Stamp program. Amends Part A (General Provisions) of title XI of the Social Security Act to require any Federal, State, or local agency receiving such information to independently verify such information before making any benefit adjustments. Directs each State agency charged with the administration of a State plan approved under part A of title IV, title X, title XIV, or title XVI of the Act, and the Secretary of Health and Human Services with respect to the SSI program, to request and use any such information obtained from the Secretary of the Treasury for purposes of income and eligibility verification. Requires such information to be used to identify and prevent ineligibility and incorrect payments. Amends title XVI of the Act to increase, by $100.00 per year over the next five years for single individuals and by $150.00 per year for the next five years for married individuals, the resources limit for single individuals from $1,500 to $2,000, and for married couples from $2,250 to $3000. Provides, under title XVI, that in situations where there has not been fraud in connection with an SSI overpayment, such overpayment shall be recovered through adjustments in future benefits in amounts not exceeding the lesser of: (1) the monthly benefit; or (2) an amount equal to ten percent of a beneficiary's monthly income. Provides that to the extent that an overpayment results because a recipient's resources exceed the applicable limit, such overpayment shall be determined to be the lesser of: (1) the benefits received; or (2) the greatest amount by which the total value of the recipient's resources exceeded the applicable limit. Excludes from resources, for 12-months from the date of receipt, any underpayment amount received in the form of a retroactive check. Amends part A of title IV of the Act to revise the gross income limitation. Provides that no family shall be eligible if its income exceeds 130 percent of the poverty line as defined in the Community Services Block Grant Act. (Current law prohibits eligibility if family income exceeds 150 percent the State's standard of need.) Provides that the $75 monthly work expense deduction shall be applicable to both full and part-time workers. Repeals the four-month limit on the $30 disregard from earned income. Requires a State plan to provide that, in any case where a family has ceased to receive aid because of certain increases in income, a monthly transition allowance of $10.00 shall be paid for at least nine months. Permits former AFDC recipients to reapply for such allowance in certain cases. States that, for purposes of earned income disregards, an individual's earned income shall be the gross amount of earnings. Permits the exclusion from resources of burial plots, funeral agreements, and real property which a family is making a good faith effort to sell. Provides that where a State is unable to provide day care and transportation for community work experience program participants, the State shall directly reimburse participants for such costs. Permits, rather than requires, States to use a monthly reporting and retrospective budgeting system. Provides Federal matching for State supplementary payments made under a retrospective budgeting system. Provides for the exclusion from income, for AFDC purposes, of amounts received as an earned income tax credit. Amends part A (General Provisions) of title XI of the Act to permit any State with an approved AFDC plan to establish and conduct one or more pilot projects to demonstrate the use of integrated service delivery systems for human services programs in that State or in one or more political subdivisions of such State. Requires a pilot project to involve or include: (1) the development of a common set of terms; (2) the development for each applicant of a single comprehensive family profile; (3) the establishment and maintenance of a single resources directory; (4) the development of a unified budget and budgeting process, and a unified accounting system; (5) the implementation of unified planning, needs assessment, and evaluation; (6) the consolidation of agency locations and related transportation services; (7) the standardization of procedures for purchasing services from nongovernmental sources; (8) the creation of communications linkages among agencies; (9) the development of uniform application and eligibility determination procedures; and (10) any other methods, arrangements, and procedures consistent with the establishment of an integrated service delivery system. Requires any State desiring to establish and conduct a pilot project to apply to the Secretary. Directs the Secretary to approve a project only if the project will not lower or restrict the levels of aid, assistance, benefits, or services, or the income or resource standards, deductions, or exclusions of any of the human services programs involved. Permits a State with an approved application to request the Secretary to waive any requirement which would otherwise apply with respect to the proposed project under any of the laws governing the human services programs to be included in the project. Sets forth guidelines for approving or disapproving such waiver request. Sets forth guidelines relating to information disclosure. Provides that Federal funding for an approved pilot project shall be: (1) 90 percent for the first 18 months; (2) 80 percent for the following 12-months; and (3) 70 percent for the next 12-month period. Directs the Secretary to report to Congress concerning approved projects. Directs the Comptroller General, through the personnel and facilities of the General Accounting Office, to conduct a study concerning such projects. Authorizes funds to be appropriated for such projects for FY 1985 through 1988. Authorizes, under regulations prescribed by the Secretary of Health and Human Services, any State which is currently participating in the AFDC program, the Medicaid program, and the food stamp program to apply to the Secretary to establish and conduct a demonstration program which shall try to develop ways of improving the delivery of services to needy individuals and families under the three programs by eliminating at least some differences in program requirements and specifications. Prohibits the approval of more than five applications. Directs the Secretary to approve an application only if the project will not lower or restrict the level of aid, assistance, benefits, services, or the applicable income or resource standards, deductions, or exclusions under the programs. Prohibits a project from lasting more than three years, except that an additional two years may be allowed upon the Secretary's approval. Authorizes each State conducting a demonstration project to adopt, for purposes of the AFDC program, any of the existing rules, procedures, and specifications currently in effect under either or both of the other two programs, with the objective of developing for the three programs: (1) a common set of terms and definitions; (2) uniform application and eligibility determination procedures; (3) a unified budgeting process; (4) a single-family case file; and (5) a common administrative structure that allows for unified planning and evaluation. Requires: (1) each participating State to report to the Secretary; and (2) the Secretary to report to Congress. Exempts pregnant women in the third trimester of pregnancy from registering for the work incentive program. Provides that when computing the maximum number of required hours of work under a community work experience program, child support payments received shall be subtracted from the AFDC payment. Permits a State to recalculate the period of AFDC ineligibility which occurs when a family receives a nonrecurring lump sum, if the recalculation would promote the purposes and objectives of the AFDC program. Provides that recovery of an AFDC overpayment need not be attempted if the cost of recovery would equal or exceed the amount of the overpayment. Provides that when an overpayment occurs due to the ownership or possession of excess resources, the amount of overpayment to be recovered shall be the lesser of: (1) the total amount of benefits that the family received during the period in which resources exceeded the limit; or (2) the greatest amount by which the total value of the resources exceeded the limit at any time during the overpayment period. Authorizes a State to make protective payments if the parent does not register for work as required, accept suitable employment, or cooperate with child support enforcement efforts. Suspends sanctions on States based on AFDC error rates for the period beginning October 1, 1983, and ending September 30, 1985. Provides that any individual who is an alien and whose sponsor was a public or private agency shall be ineligible for AFDC for the three year period following such alien's entry into the United States, unless the State agency administering the plan determines that the sponsor either no longer exists or has become unable to meet the individual's needs. Permits the disclosure of certain information concerning an AFDC recipient who is a fugitive felon to a State or local law enforcement officer. Establishes a payment schedule for the Federal reimbursement of States' back claims for public assistance programs under the Social Security Act. Provides for an AFDC grant diversion program under which a State may make employment (including on-the-job training) available as an alternative to AFDC otherwise provided. Directs a State, in operating a grant diversion program, to: (1) enter into contracts with public or private employers under which such employers will provide employment for eligible individuals over a period of up to nine months; and (2) pay to each such employer with respect to each individual so employed an amount equal to the lesser of the maximum amount that could have been paid directly to such individual as AFDC at the time of the initial job placement or 50 percent of the individual's wages. States that: (1) wages paid shall be considered to be wages under any provision of law; and (2) any participant shall be considered to be receiving AFDC for purposes of Medicaid eligibility. Makes permanent AFDC and SSI provisions which exempt in-kind home energy assistance provided by a private nonprofit organization. Sets forth the effective date. Amends the Trade Act of 1974 to begin the period for the 26-week additional trade readjustment allowances with the first week the worker is in training if that training has not been approved until after the last week of entitlement to basic benefits. Increases the maximum job search allowance from $600 to $800. Increases the maximum relocation allowance from $600 to $800. Extends eligibility for industry-wide technical assistance to industries in which a substantial number of workers have been certified for trade adjustment assistance. Increases from $2,000,000 to $10,000,000 the amount of assistance that can be provided annually to a single industry.
United States · United States Congress · 9 April 1984
Omnibus Budget Reconciliation Act of 1984 - Title I: Agricultural Programs - Incorporates by reference the conference report on H.R. 4072, the Wheat Improvement Act of 1983 (H. Report 98-646) dealing with: (1) price supports for wheat, feed grains, upland cotton, and rice; (2) export assistance; and (3) agricultural credit. Title II: Civil Service and Military Retirement Programs - Limits the cost of living increase in the annuity or retired or retainer pay of a Government retiree for FY 1986 and 1987 to one-half of the increase that would otherwise be effective if: (1) the retiree is under 62 years of age as of the effective date of the increase; and (2) the annuity or retired or retainer pay is based on the retiree's Government service (but is not computed on the basis of a disability). Requires any survivor annuity which is based on the service of any such retiree to be computed as if this title had not been enacted. Title III: Health Programs - Medicare and Medicaid Budget Reconciliation Amendments of 1984 - Part A: Medicare Reconciliation Amendments - Directs the Secretary of Health and Human Services to establish a national fee schedule for diagnostic laboratory tests for which payment is made under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act. Directs the Secretary to set the fee schedule at 60 percent of the prevailing charges paid under part B for similar diagnostic laboratory tests during the 12-month period beginning July 1, 1984. Directs the Secretary, in addition to the amounts provided under the fee schedule, to provide for and establish a nominal fee payable to cover the costs of collecting the sample in a diagnostic laboratory test. Provides for Medicare payment of the lesser of 80 percent (or 100 percent in the case of tests for which payment is made on the basis of an assignment or in the situation of the death of a beneficiary) of the amount determined by the Secretary or the amount of billed charges. Eliminates the part B deductible for laboratory tests paid on the basis of an assignment and in the case of payment on behalf of a deceased beneficiary. Amends title XIX (Medicaid) to provide for Medicaid coverage of laboratory tests to the extent such coverage is provided under Medicare. Provides for Medicare coverage of hepatitis B vaccine and its administration in a hospital or renal dialysis facility. Revises provisions under part B of title XVIII relating to payment for the services of a teaching physician to limit, for the purposes of determining the customary charge, the consideration of charges made by a physician outside of teaching to charges made by nonteaching physicians. Provides that if all the teaching physicians in the hospital agree to have payment made for all physicians' services under part B furnished patients in the hospital on the basis of an assignment, the carrier shall take into account the amounts otherwise payable under part B with respect to similar services in the same locality. Directs the Secretary to compile annually a list of physicians serving individuals enrolled under part B indicating the share of claims which each physician has accepted on an assignment basis in the preceding year. Directs the Secretary to: (1) publish annually a list of all physicians who have agreed to accept payment on the basis of an assignment; and (2) annually provide enrollees with a list of physicians in their area who accept assignments. Directs the Secretary to study and report to Congress on methods by which payment amounts and other program policies under part B may be modified to: (1) eliminate inequities in the relative amounts paid to physicians by type of service, locality, and specialty; (2) increase incentives for physicians and other suppliers to accept assignments; and (3) provide incentives for physicians and other providers not to provide increased or otherwise excessive amounts of hospital, physician, and other health care services. Directs the Secretary, in order to carry out the study and facilitate congressional review, to compile a centralized Medicare part B charge data base utilizing information gathered by Medicare carriers and used by the carriers in making the 1984 reasonable charge updates. Directs the Secretary to issue revisions to the current guidelines for payment under part B for physicians' services for the transtelephonic monitoring of cardiac pacemakers. Requires such guidelines to include provisions regarding the specifications for and frequency of transtelephonic monitoring procedures which will be found reasonable and necessary. Directs the Secretary to: (1) review, and report to the appropriate congressional committees, regarding the appropriateness of the current rate of part B reimbursement for physicians' services associated with the implantation or replacement of pacemaker devices and pacemaker leads; and (2) consider reducing the recognized rates for such services by 20 percent. Directs the Secretary, through the Administrator of the Food and Drug Administration, to provide for a registry of all cardiac pacemaker devices and pacemaker leads for which payment was made under title XVIII. Directs the Secretary, in any case where the Secretary has reason to believe that replacement of a cardiac pacemaker device or lead for which Medicare payment is or may be requested is related to the malfunction of a device or lead, to require the testing of the device. Directs the Secretary to provide that payment will not be made under part B for a physician's debridement of mycotic toenails to the extent such debridement is performed more than once every 60 days, unless the medical necessity for more frequent treatment is documented by the physician. Allows payments to hospitals under part A (Hospital Insurance) of Medicare for the operation of mobile intensive care units if certain conditions are met. Provides for a freeze on the economic index used to limit prevailing charges for physician services provided to hospital inpatients. Requires physicians to accept Medicare assignment for all services provided to Medicare hospital inpatients for a specified period of time. Requires the Secretary, during such time, to report to the Congress on the advisability and feasibility of including payments for inpatient physician services in the DRG prospective payment legislation. Revises rules relating to Medicare provider agreements to require hospitals to obtain signed agreements from each doctor on its medical staff where the physician agrees to accept assignment for any Medicare beneficiary that he or she treats as an inpatient of that hospital. Provides for the appointment by the President (rather than by the Secretary of Health and Human Services) of the Administrator of the Health Care Financing Administration. Sets forth the pay level for the Administrator. Permits limited provider representation on peer review organizations (PRO's). Permits a physician who has a financial interest in an agency which is a sole community home health agency to carry out the certification and plan-of-care functions for patients who will receive services from the agency. Repeals certain special tuberculosis treatment requirements. Allows part B payments to be made to a health benefits plan, if the beneficiary agrees, and if the physician or supplier accepts the plan's payment as payment in full. Includes podiatrists in the definition of "physician" for outpatient physical therapy services. Includes podiatrists and dentists in the definition of "physician" for outpatient ambulatory surgery. Allows physical therapists to establish medicare qualified plans for physical therapy. Increases from $10,000 to $50,000 the minimum amount of any agreement between a medicare provider and a subcontractor before the Secretary or Comptroller General must have access to the subcontractor's records. Establishes the statutory right of Medicare to recover directly from a liable third party, if the beneficiary himself does not do so, and to pay a beneficiary, or on the beneficiary's behalf, pending recovery where such third party is not expected to pay promptly. Extends the Secretary's authority to rely on accrediting organizations in determining whether rural health clinics, laboratories, clinics, rehabilitation agencies, including outpatient rehabilitation facilities, and public health agencies meet Medicare requirements. Sets forth rules for the confidentiality of accreditation surveys. Limits coverage to 30 days for services furnished by a home health agency whose agreement has been terminated. Extends the Secretary's authority to exclude from Medicare participation (and to direct State agencies to exclude from Medicaid participation) any entity in which ownership or controlling interest is held by a person convicted of program-related criminal offenses, or in which an officer, director, agent, or managing employee was convicted of such criminal offense. Eliminates the Health Insurance Benefits Advisory Council. Requires the Secretary to designate one 30-day period in which all health maintenance organizations (HMO's) and competitive medical plans (CMP's) in an area participating in Medicare must have an open enrollment period. Specifies a deadline of July 1, 1985, for a report to Congress on including payment for physicians' services to hospital inpatients in DRG payment amounts. Authorizes the Secretary, if patient health and safety is not jeopardized, to apply less severe sanctions than are presently available for dealing with an end-stage renal disease facility which is not in compliance with applicable regulations. Makes the national end-stage renal disease medical information system discretionary with the Secretary. Removes the costs of nurse anesthetists from DRG-based payments. Sets forth rules for the determination of hospital area wage indexes. Revises the definition of bona fide emergency services for purposes of the limitations on payment for hospital outpatient services. Delays from October 1, 1983, to April 1, 1984, the effective date for single-rate for skilled nursing facilities. Part B: Medicaid Reconciliation Amendments - Provides that the Federal medical assistance percentage, under title XIX of the Social Security Act, shall be 100 percent with respect to amounts expended as medical assistance for services furnished to a "qualified pregnant woman or child." Defines a qualified pregnant woman or child as an individual who was not eligible for categorically needy coverage under Medicaid as of June 30, 1983, and who is: (1) under five years of age and who meets Aid to Families with Dependent Children (part A of title IV of the Social Security Act) requirements but does not receive cash payments and is a categorically needy individual; or (2) a pregnant woman who, at the State's option, may be deemed an AFDC recipient for Medicaid purposes or who is a member of a family which would be eligible for AFDC if the State's AFDC plan required payment of aid with respect to dependent children deprived of parental support by reason of the unemployment of a parent who is the principal earner. Authorizes a State's Medicaid plan to not take into account the financial responsibility of any individual for an applicant or recipient who is a pregnant woman under 21 who does not have legal custody over other children, unless the applicant or recipient is the individual's spouse, except that a State may limit the applicability of this provision to applicants and recipients living in such an individual's household or in a custodial institution for pregnant women. Provides that a child born to a woman eligible for and receiving Medicaid as of the child's birth shall be deemed to have applied for medical assistance and been found eligible for assistance on the child's birth date and shall remain eligible for assistance for one year so long as the child is a member of the women's household and the woman remains eligible for assistance. Revises Medicaid provisions relating to medically needy income levels. Provides that in the case of a family consisting of only two individuals both of whom are adults and at least one of whom is aged, blind, or disabled, the term "highest amount which would ordinarily be paid to a family of the same size" under the State's plan approved under part A of title IV of the Social Security Act shall, at the State's option, be the amount determined by the State to be the amount of aid which would ordinarily be payable under such plan to a family which consists of one adult and two children and which is without any income or resources. Revises Medicaid provisions relating to the recertification of need for stays in skilled nursing and intermediate care facilities. Requires recertifications for intermediate care facility patients to occur on or before 60 days of admission, six, 12, 18, and 24 months afterwards, and annually thereafter. Requires recertifications for skilled nursing facility patients to occur on or before 30, 60, and 90 days of admission, and every 60 days thereafter. Revises the penalty formula for noncompliance with the recertification requirements. Authorizes the Secretary to modify or waive the requirement which limits the total combined Medicare and Medicaid membership to 75 percent for a health maintenance organization if the organization: (1) is a nonprofit organization with at least 25,000 members; (2) is and has been a qualified health maintenance organization for at least four years; (3) provides basic health services through members of the staff of the organization; (4) is located in a medically underserved area; and (5) previously received a membership requirement waiver. Prohibits Medicaid copayments for prescribed drugs. Increases the maximum amount of Medicaid payments available to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. Provides that Medicaid provisions requiring a reduction of the amount of payment otherwise to be made to a public psychiatric hospital due to the level of care received in such hospital shall not apply to payments to hospitals before July 1, 1985. Provides that such a reduction made for payments during the 12-month period ending June 30, 1986, and during the 12-month period ending June 30, 1987, shall be one-third and two-thirds, respectively, of the amount of the reduction which would otherwise be required. Makes technical amendments to titles V (Maternal and Child Health Services) and XIX of the Social Security Act. Amends the Public Health Service Act to revise provisions relating to the recovery of Federal expenditures from a hospital or other medical facility under certain conditions. Provides that the United States shall be entitled to recover a certain amount, from either the transferor or transferee, if any such facility which received Federal funds for construction or modernization, under the Public Health Service Act, at any time within 20 years after the completion of construction or modernization: (1) is sold or transferred to any entity which is not qualified to file an application under such Act for a construction or modernization project or which is not approved as a transferee by a State; or (2) ceases to be a public health center or a public or other nonprofit hospital, outpatient facility, facility for long-term care, or rehabilitation facility. Provides that the amount the United States is entitled to recover, subject to certain exceptions, shall bear the same ratio to the then value of so much of the facility as constituted an approved project as the amount of the Federal financial participation bore to the cost of the construction or modernization of such project. Title IV: Small Business Programs - Amends the Small Business Act to extend through October 1, 1987, the requirement that agricultural producers seek disaster loan assistance from the Farmers Home Administration before applying for a Small Business Administration disaster loan. Title V: Veterans' Programs - Makes the effective date for the award of a military pension to the survivor of a veteran with a non-service connected disability the first day of the month in which the death occurred if the application is received within 60 days of the date of death. Increases from one-half to one percent the loan fee payable by a veteran receiving a Veterans Administration (VA) home loan. Extends from FY 1985 through FY 1987 the fee collection program. Directs that such fees be deposited in the VA Loan Guaranty Revolving Fund. Requires that the Administrator be notified by the holder of a guaranteed loan which is in default of any proposed public sale of the property securing the loan. Limits the liability of the United States under the guaranty to the difference between the amount of total indebtedness under the loan and the net value of the property where the Administrator determines that the net value of the property exceeds the amount of unguaranteed debt. Sets forth conditions under which the Administrator may or may not receive conveyance of the property depending upon whether the holder of the defaulted loan is the successful bidder and whether or not the bidding price meets, exceeds or is less than the net value of the property or the total indebtedness under the loan. Establishes the liability of the United States under the guaranty in each case. Directs the Administrator to reduce the number of vendee loans (loans made to purchasers of real property acquired by the VA because of the default of a guaranteed loan) to 75 percent of the number of sales of such property. Title VI: Savings in AFDC, SSI, and Other Programs - Subtitle A: Accelerated Collection and Deposit of Payments to Executive Agencies - Requires the head of each executive agency, under such regulations as the Secretary of the Treasury shall prescribe, to provide for the collection and timely deposit of money owed to such agency by the use of such procedures as withdrawals and deposits by electronic transfer of funds, automatic withdrawals from accounts of financial institutions, and a system under which financial institutions receive and deposit, on behalf of the agency, payments transmitted to post office lockboxes. Establishes in the Treasury a revolving fund to be known as the Cash Management Improvements Fund to be used for developing and implementing such collections and deposits. Provides that noncomplying agencies shall be assessed a charge which will be deposited in such Fund. Requires an agency to deposit in the Treasury money collected within three days of receipt. Subtitle B: Improvements in Administration of Social Security Earnings Test - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require the Secretary of Health and Human Services to establish procedures to avoid paying more than the correct amount of title II benefits to any individual as a result of such individual's failure to file a correct report or estimate of earnings or wages. Subtitle C: Improvements in SSI, AFDC, and Related Programs - Amends the Internal Revenue Code to authorize the Secretary of the Treasury, upon written request, to disclose return information with respect to unearned income to any officer or employee of any Federal, State, or local agency administering any of the following programs: (1) the Aid to Families with Dependent Children program (part A of title IV of the Social Security Act); (2) Medicaid (title XIX of the Social Security Act); (3) Supplemental Security Income program (title XVI of the Social Security Act); (4) as applicable to Puerto Rico, Guam, and the Virgin Islands any benefits provided under titles I (Old Age Assistance and Medical Assistance for the Aged), X (Aid to the Blind), XIV (Aid to the Permanently and Totally Disabled), and XVI of the Social Security Act; and (5) the Food Stamp program. Amends Part A (General Provisions) of title XI of the Social Security Act to require any Federal, State, or local agency receiving such information to independently verify such information before making any benefit adjustments. Directs each State agency charged with the administration of a State plan approved under part A of title IV, title X, title XIV, or title XVI of the Act, and the Secretary of Health and Human Services with respect to the SSI program, to request and use any such information obtained from the Secretary of the Treasury for purposes of income and eligibility verification. Requires such information to be used to identify and prevent ineligibility and incorrect payments. Amends title XVI of the Act to increase, by $100.00 per year over the next five years for single individuals and by $150.00 per year for the next five years for married individuals, the resources limit for single individuals from $1,500 to $2,000, and for married couples from $2,250 to $3000. Provides, under title XVI, that in situations where there has not been fraud in connection with an SSI overpayment, such overpayment shall be recovered through adjustments in future benefits in amounts not exceeding the lesser of: (1) the monthly benefit; or (2) an amount equal to ten percent of a beneficiary's monthly income. Provides that to the extent that an overpayment results because a recipient's resources exceed the applicable limit, such overpayment shall be determined to be the lesser of: (1) the benefits received; or (2) the greatest amount by which the total value of the recipient's resources exceeded the applicable limit. Excludes from resources, for 12-months from the date of receipt, any underpayment amount received in the form of a retroactive check. Amends part A of title IV of the Act to revise the gross income limitation. Provides that no family shall be eligible if its income exceeds 130 percent of the poverty line as defined in the Community Services Block Grant Act. (Current law prohibits eligibility if family income exceeds 150 percent the State's standard of need.) Provides that the $75 monthly work expense deduction shall be applicable to both full and part-time workers. Repeals the four-month limit on the $30 disregard from earned income. Requires a State plan to provide that, in any case where a family has ceased to receive aid because of certain increases in income, a monthly transition allowance of $10.00 shall be paid for at least nine months. Permits former AFDC recipients to reapply for such allowance in certain cases. States that, for purposes of earned income disregards, an individual's earned income shall be the gross amount of earnings. Permits the exclusion from resources of burial plots, funeral agreements, and real property which a family is making a good faith effort to sell. Provides that where a State is unable to provide day care and transportation for community work experience program participants, the State shall directly reimburse participants for such costs. Permits, rather than requires, States to use a monthly reporting and retrospective budgeting system. Provides Federal matching for State supplementary payments made under a retrospective budgeting system. Provides for the exclusion from income, for AFDC purposes, of amounts received as an earned income tax credit. Amends part A (General Provisions) of title XI of the Act to permit any State with an approved AFDC plan to establish and conduct one or more pilot projects to demonstrate the use of integrated service delivery systems for human services programs in that State or in one or more political subdivisions of such State. Requires a pilot project to involve or include: (1) the development of a common set of terms; (2) the development for each applicant of a single comprehensive family profile; (3) the establishment and maintenance of a single resources directory; (4) the development of a unified budget and budgeting process, and a unified accounting system; (5) the implementation of unified planning, needs assessment, and evaluation; (6) the consolidation of agency locations and related transportation services; (7) the standardization of procedures for purchasing services from nongovernmental sources; (8) the creation of communications linkages among agencies; (9) the development of uniform application and eligibility determination procedures; and (10) any other methods, arrangements, and procedures consistent with the establishment of an integrated service delivery system. Requires any State desiring to establish and conduct a pilot project to apply to the Secretary. Directs the Secretary to approve a project only if the project will not lower or restrict the levels of aid, assistance, benefits, or services, or the income or resource standards, deductions, or exclusions of any of the human services programs involved. Permits a State with an approved application to request the Secretary to waive any requirement which would otherwise apply with respect to the proposed project under any of the laws governing the human services programs to be included in the project. Sets forth guidelines for approving or disapproving such waiver request. Sets forth guidelines relating to information disclosure. Provides that Federal funding for an approved pilot project shall be: (1) 90 percent for the first 18 months; (2) 80 percent for the following 12-months; and (3) 70 percent for the next 12-month period. Directs the Secretary to report to Congress concerning approved projects. Directs the Comptroller General, through the personnel and facilities of the General Accounting Office, to conduct a study concerning such projects. Authorizes funds to be appropriated for such projects for FY 1985 through 1988. Authorizes, under regulations prescribed by the Secretary of Health and Human Services, any State which is currently participating in the AFDC program, the Medicaid program, and the food stamp program to apply to the Secretary to establish and conduct a demonstration program which shall try to develop ways of improving the delivery of services to needy individuals and families under the three programs by eliminating at least some differences in program requirements and specifications. Prohibits the approval of more than five applications. Directs the Secretary to approve an application only if the project will not lower or restrict the level of aid, assistance, benefits, services, or the applicable income or resource standards, deductions, or exclusions under the programs. Prohibits a project from lasting more than three years, except that an additional two years may be allowed upon the Secretary's approval. Authorizes each State conducting a demonstration project to adopt, for purposes of the AFDC program, any of the existing rules, procedures, and specifications currently in effect under either or both of the other two programs, with the objective of developing for the three programs: (1) a common set of terms and definitions; (2) uniform application and eligibility determination procedures; (3) a unified budgeting process; (4) a single- family case file; and (5) a common administrative structure that allows for unified planning and evaluation. Requires: (1) each participating State to report to the Secretary; and (2) the Secretary to report to Congress. Exempts pregnant women in the third trimester of pregnancy from registering for the work incentive program. Provides that when computing the maximum number of required hours of work under a community work experience program, child support payments received shall be subtracted from the AFDC payment. Permits a State to recalculate the period of AFDC ineligibility which occurs when a family receives a nonrecurring lump sum, if the recalculation would promote the purposes and objectives of the AFDC program. Provides that recovery of an AFDC overpayment need not be attempted if the cost of recovery would equal or exceed the amount of the overpayment. Provides that when an overpayment occurs due to the ownership or possession of excess resources, the amount of overpayment to be recovered shall be the lesser of: (1) the total amount of benefits that the family received during the period in which resources exceeded the limit; or (2) the greatest amount by which the total value of the resources exceeded the limit at any time during the overpayment period. Authorizes a State to make protective payments if the parent does not register for work as required, accept suitable employment, or cooperate with child support enforcement efforts. Suspends sanctions on States based on AFDC error rates for the period beginning October 1, 1983, and ending September 30, 1985. Provides that any individual who is an alien and whose sponsor was a public or private agency shall be ineligible for AFDC for the three year period following such alien's entry into the United States, unless the State agency administering the plan determines that the sponsor either no longer exists or has become unable to meet the individual's needs. Permits the disclosure of certain information concerning an AFDC recipient who is a fugitive felon to a State or local law enforcement officer. Establishes a payment schedule for the Federal reimbursement of States' back claims for public assistance programs under the Social Security Act. Provides for an AFDC grant diversion program under which a State may make employment (including on-the-job training) available as an alternative to AFDC otherwise provided. Directs a State, in operating a grant diversion program, to: (1) enter into contracts with public or private employers under which such employers will provide employment for eligible individuals over a period of up to nine months; and (2) pay to each such employer with respect to each individual so employed an amount equal to the lesser of the maximum amount that could have been paid directly to such individual as AFDC at the time of the initial job placement or 50 percent of the individual's wages. States that: (1) wages paid shall be considered to be wages under any provision of law; and (2) any participant shall be considered to be receiving AFDC for purposes of Medicaid eligibility. Makes permanent AFDC and SSI provisions which exempt in-kind home energy assistance provided by a private nonprofit organization. Sets forth the effective date. Amends the Trade Act of 1974 to begin the period for the 26-week additional trade readjustment allowances with the first week the worker is in training if that training has not been approved until after the last week of entitlement to basic benefits. Increases the maximum job search allowance from $600 to $800. Increases the maximum relocation allowance from $600 to $800. Extends eligibility for industry-wide technical assistance to industries in which a substantial number of workers have been certified for trade adjustment assistance. Increases from $2,000,000 to $10,000,000 the amount of assistance that can be provided annually to a single industry.
United States · United States Congress · 5 April 1984
Nondiscrimination in Business Expense Deductions Act of 1984 - Amends the Internal Revenue Code to provide that no deduction from gross income shall be allowed to a taxpayer for entertainment expenses for food, beverages, lodging, or entertainment incurred in connection with a facility which discriminates on the basis of race, color, religion, sex, or national origin. Exempts facilities operated by a religious organization where access is limited to members of a particular religion. Treats dues and fees paid to discriminatory facilities as nondeductible expenses. Requires a submission of a statement to the Secretary of the Treasury that a facility not open to the public does not discriminate in order for amounts paid to such facility to qualify for the entertainment expense deduction. Requires the posting of a public notice in the facility stating the nondiscriminatory policy. Permits the Secretary to revoke the acceptance of the statement of nondiscrimination. Requires the taxpayer to report any amounts paid or incurred for food, beverages, lodging, or entertainment in any facility which is not open to the public or does not serve the public.
United States · United States Congress · 28 March 1984
Designates May 25, 1984, as Missing Children Day.
United States · United States Congress · 28 March 1984
States that the United States shall maintain its commitment to the Anti-Ballistic Missile Treaty (ABM) and not engage in programs which are inconsistent with such treaty. States that the President should not abrogate such treaty without the consent of the Congress, and should seek discussions with the Soviet Union to consider questions of compliance with the ABM Treaty.
United States · United States Congress · 27 March 1984
Rural Housing Assistance Improvement Act of 1984 - Amends the Housing Act of 1949 to declare that specified provisions, requiring that a specified percentage of the dwelling units financed with rural housing assistance be available only for very low-income families or persons, shall not prohibit any Farmers Home Administration office from making any rural housing loan in a fiscal year if: (1) such office has satisfied such requirement with respect to assistance previously provided in such fiscal year; or (2) sufficient amounts of the funds available to such office for loans are reserved for loans only to very low-income families or persons so that such requirement would be satisfied if all such reserved amounts were used by the end of such fiscal year.
United States · United States Congress · 27 March 1984
Designates the week of September 23 through September 29, 1984, as National Drug Abuse Education and Prevention Week.
United States · United States Congress · 22 March 1984
Requests the President to designate the week of June 24 through June 30, 1984, as National Safety in the Workplace Week.
United States · United States Congress · 21 March 1984
Designates the week beginning November 25, 1984, as National Home Care Week.
United States · United States Congress · 21 March 1984
Authorizes and requests the President to designate the week of May 27 through June 2, 1984, as National Animal Health Week.
United States · United States Congress · 21 March 1984
Expresses the sense of the Congress that: (1) the parties in the New Ireland Forum are to be commended for their efforts in the search for peace, justice, and reconciliation in Northern Ireland; and (2) all political parties in Northern Ireland and the British and Irish Governments should review the findings and recommendations of the Forum.
United States · United States Congress · 19 March 1984
Emergency Petroleum Industries Stability Act of 1984 - Prohibits, for a nine month period: (1) any major energy concern or affiliate from controlling any other major energy concern or any domestic petroleum company; and (2) any domestic petroleum company or affiliate from controlling any major energy concern or affiliate. Exempts from the application of such prohibition parties who are in a failing financial position which would likely lead to insolvency but for such acquisition. Requires the Attorney General to bring an action for relief of any violation of such prohibition. Defines a "major energy concern" as one which: (1) has an interest in one hundred million barrels or more of proved reserves of crude oil, natural gas liquids equivalents, or natural gas equivalents; (2) had an average net production of crude oil, condensate, natural gas liquids, and natural gas in the previous year which exceeded 100,000 barrels per day; or (3) is under the control of a foreign person. Defines a "domestic petroleum company" as any person engaged in the production, refinement, or sale of crude oil, condensate, natural gas liquids, or natural gas in the United States and which is not a major energy concern. Defines "control" as the power to direct the policies of a person through the ownership of 15 percent or more of the outstanding voting securities of a person or the acquisition from a person of assets related to the production, distribution, transportation, or marketing of crude oil, condensate, natural gas liquids or natural gas exceeding $2,000,000,000 in fair market value. Requires reports to both Houses of Congress, concerning the effects of such types of mergers, from: (1) the Attorney General, after consultation with the Secretary of Energy; (2) the Secretary of the Treasury; (3) the Secretary of the Interior; (4) the Administrator of the Energy Information Administration; and (5) the Federal Trade Commission.
United States · United States Congress · 15 March 1984
Public Employee Pension Plan Reporting and Accountability Act of 1984 - Imposes disclosure and reporting requirements upon State and local government pension plans. Establishes fiduciary standards for trustees of public employee pension benefit plans. Provides remedies and access to Federal courts. Specifies employee benefit plans which are exempt from this Act. Title I: Reporting and Disclosure - Requires the administrator of each public employee pension benefit plan to submit a registration statement to the appropriate State Governor within one year of enactment of this Act. Exempts a plan from the reporting and disclosure requirements of this Act if a State Governor certifies to the Secretary of Labor that: (1) State requirements are substantially equivalent to those of this Act; (2) the State can adequately administer its requirements; and (3) the State can adequately collect the requisite reports. Requires the Secretary of Labor to terminate any certification if a State is not meeting Federal requirements. Requires the plan administrator to: (1) publish a summary plan description; and (2) furnish such description to plan participants, beneficiaries, and specified persons. Delineates the contents of such summary plan description. Requires such description to: (1) state the rights of participants and beneficiaries; and (2) include an update whenever material modifications are made to the plan. Requires the plan administrator to publish an annual report. Specifies the contents of such report. Directs such administrator to engage an independent qualified public accountant to ascertain whether the financial statements and schedules in the annual report present fairly and in all material respects the information contained in the annual report. Requires the accountant's opinion to be included in the annual report. Requires the annual report to include a financial statement containing specified information, including the most recent annual statement of assets and liabilities of a common or a collective trust held by a bank or similar institution. Requires each plan to maintain a schedule of: (1) all assets held for investment purposes during each plan year; and (2) each transaction involving a party in interest. Requires annual reports to include, with respect to a defined benefit plan, a complete actuarial statement applicable to the appropriate plan year. Directs the plan administrator to engage an enrolled actuary to prepare such statement. Delineates the contents of the actuarial statement. Requires the annual report to include a statement from an insurance organization if any plan benefits are purchased from or guaranteed by such organization. Details the contents of such statement. Requires the enrolled actuary of the plan to make an actuarial valuation at least once every three plan years. Directs the plan administrator to furnish, upon written request of certain persons, a copy of summary plan descriptions and the status of an individual's plan benefits and contributions. Provides guidelines under which the plan administrator is directed to file the annual report with either the Secretary of Labor (the Secretary) or the appropriate State Governor. Authorizes the Secretary or Governor to reject the information filed by the plan administrator, and to take the following actions: (1) retain an independent public accountant to perform an audit; (2) retain an enrolled actuary to prepare an actuarial report; or (3) bring a civil action to enforce this Act. Presents guidelines for notice and review where claims for benefits are denied. Title II: Requirements Relating to Fiduciary Functions - Requires every plan to be established and maintained by written instructions which designate at least one named fiduciary. Details the functions of named fiduciaries and trustees. Establishes fiduciary and trustee liability. Prohibits certain transactions. Authorizes the Secretary to grant specified exemptions regarding such transactions. Imposes personal liability upon fiduciaries who fail to meet the fiduciary requirements, including removal for specified violations. Prohibits persons who have been convicted of, or imprisoned for, certain offenses from holding specified positions. Requires plan fiduciaries to be bonded. Specifies exceptions. Sets forth guidelines for the bonding procedure. Sets a limitation on actions which may be brought regarding failure to meet fiduciary requirements. Title III: Administration and Enforcement - Authorizes civil actions to redress violations of this Act. Imposes personal liability upon: (1) a plan administrator who fails to comply with a request for information; or (2) any person who fails to file required forms. Authorizes a plan to sue or be sued. Grants the United States district courts exclusive jurisdiction of civil actions brought under this Act. Grants concurrent jurisdiction to State courts and Federal district courts for specified actions. Authorizes the Federal district court to award reasonable attorney's fees under certain circumstances. Provides that suits brought against the Secretary may be brought in Federal district court. Authorizes the Secretary or appropriate State official to assess and collect a civil penalty against a party in interest who has engaged in a prohibited transaction. Grants such Secretary and State official investigative powers to determine violations of this Act. Details the extent of such powers. Authorizes the Secretary to prescribe regulations to administer this Act. Directs such Secretary to cooperate with State and local governments regarding the exchange of data and information. Prohibits interference with the exercise of rights by a plan participant or beneficiary. Establishes an Advisory Council on Governmental Plans, comprised of eleven members appointed by the President. Requires Council members to be qualified to appraise the plans falling under this Act. Requires the Council to: (1) report to the President and each House of Congress regarding implementation of this Act with possible recommendations for legislation; (2) advise the Secretary and make recommendations; and (3) monitor the costs incurred by plans under this Act and recommend cost reduction measures. Directs the Secretary to furnish staff services to the Council. States that this Act supersedes any State laws regarding public employee pension benefits plans. Specifies exceptions. Authorizes appropriations.
United States · United States Congress · 15 March 1984
Amends the Education Consolidation and Improvement Act of 1981 to permit the use of education block grant funds for projects for Irish children. Requires that such projects provide an opportunity to live in the United States to children aged ten through 18 from areas of Ireland that have been torn by civil strife and violence. Requires that such opportunity include attendance in U.S. schools and affiliation with children of diverse religious, ethnic, cultural, and social backgrounds in a peaceful atmosphere. Permits such funds to be used for such projects if the local educational agency concerned files with the Secretary of Education a plan containing assurances that at least one-half of the cost of such projects will be provided from private donations and that project funds will be used to pay a portion of the cost of such children's round-trip transportation, U.S. schooling, and other living expenses.
United States · United States Congress · 14 March 1984
Expresses the sense of the Congress that: (1) the parties in the New Ireland Forum are to be commended for their efforts in the search for peace, justice, and reconciliation in Northern Ireland; and (2) all political parties in Northern Ireland, the British Government, and Ireland should review the findings and recommendations of the Forum.
United States · United States Congress · 8 March 1984
Fair Trade in Steel Act of 1984 - Declares that it is the policy of Congress that access to the U.S. market for foreign-produced carbon, alloy, and specialty steel mill products should be on an equitable basis to safeguard national security, insure orderly trade in steel mill products, reduce unfair trade in steel mill products, and alleviate U.S. balance-of-payments problems. Expresses the intent of Congress to: (1) expand the economic viability of the U.S. steel industry and the jobs of its workers; (2) prevent the further decline of the domestic steel industry; and (3) temper the economic hardships resulting from unemployment in steel industry communities by encouraging reinvestment in existing steelmaking facilities. Limits annual imports of specified steel mill product categories to specified percentages of the apparent domestic supply which are based on adjusted average import penetration levels for each such product category for the years 1979, 1980, and 1981. Directs the Secretary of Commerce to allocate global product limitations among foreign countries, groups of countries, or areas. Sets forth guidelines for making such allocations. Requires the Secretary to make an annual determination of the expected apparent domestic supply in each steel mill product category. Requires the Secretary to revise such determination periodically during the year. Directs the Secretary to determine, within 90 days after the effective date of this Act, whether the steel industry companies have plans to use substantially all of the cash flow from the steel sector for reinvestment in and the modernization of the steel sector. Prohibits the import restrictions from taking effect until the Secretary determines that the steel companies have such plans. Directs the Secretary to monitor steel sector investments made and announced by the steel industry and to consult with steel industry representatives and employees in the course of such monitoring. Directs the Secretary to determine annually whether steel companies are using substantially all the cash flow from the steel sector for reinvestment in and modernization of the steel sector. Directs the Secretary to modify or suspend the relevant import restrictions if the Secretary determines that substantially less than all the cash flow from the steel sector is being used for such reinvestment and modernization and that the level of investment is not demonstrably justified by adverse financial conditions within the industry. Directs the Secretary to publish: (1) each annual determination and its rationale; and (2) the total amount of cash flow from the steel sector and the total amount used for reinvestment in and modernization of the steel sector. Requires the steel companies to provide the Secretary with the information necessary for making such determinations. Directs the Secretary to examine the supply and demand situation in the United States for a specified steel product category if requested by affected steel consumers. Sets forth criteria to be used in determining short supply. Directs the Secretary to monitor imports of fabricated steel mill products. Sets forth the method of investigating whether imports of fabricated steel products are rendering ineffective or materially interfering with the objectives of this Act. Limits the quantity of iron ore that may be entered from all sources during any calendar year after the effective date of this Act. Directs the Secretary to allocate global iron ore limitations among foreign countries, groups of countries or areas. Sets forth guidelines for making such allocation. Directs the Secretary, in making such allocations, to attempt first to accommodate the requirements of individual steel mills which have been traditionally dependent on ocean sourced foreign iron ore and the requirements of contractual obligations incurred before January 1, 1984. Authorizes the Secretary to waive the import restrictions on iron ore if necessary to meet the needs of such individual steel mills. Provides for the enforcement and implementation of this Act.
United States · United States Congress · 8 March 1984
Amends the Land and Water Conservation Fund Act of 1965 and the National Historic Preservation Act to require the Secretary of the Treasury to invest the portions of the land and water conservation fund and of the Historic Preservation Trust Fund not required to meet current withdrawals. Specifies the types of investments which may be made. Provides that no appropriation from either such fund for any fiscal year may exceed the maximum amount to be paid into such fund for such year plus interest accruing to the fund from the preceding year's investments. Extends the authorization of appropriations for both funds through FY 1991.
United States · United States Congress · 8 March 1984
Amends the Merchant Marine Act, 1936, to set forth circumstances under which vessels built with construction differential subsidies may be permitted to transfer to the domestic coastwise trade. Conditions such transfer upon repayment of the unamortized construction differential subsidy received and makes vessels so transferred ineligible for operating differential subsidies.
United States · United States Congress · 8 March 1984
Amends the Immigration and Nationality Act to make up to 7,500 additional immigrant visas available to a country whose past year's visa total was less than three-fourths of such country's average annual visas during the ten- fiscal year period beginning July 1, 1955. Allocates 70 percent (40 percent family, 30 percent occupational) to preference aliens, and 30 percent to nonpreference aliens. Bases entry on chronological order of filing or qualifying. Terminates such additional entry program after four fiscal years.