United States · United States Congress · 15 September 1982
Office Machine and Equipment Retail Dealers Agreement Act - Makes it a violation of this Act for any supplier of office products to: (1) induce a dealer in such products to enter into a dealer agreement by fraud; (2) fail to act in good faith in performing, canceling, terminating, or refusing to renew a dealer agreement; or (3) enter into a dealer agreement whereby the dealer will conduct business in a market area which is already the market area of another dealer without providing 60 days notice to the existing dealer. Allows a supplier to terminate a dealer agreement which contains a specified expiration date prior to such date (or at any time if such agreement does not contain an expiration date) by offering the dealer, within 60 days of the intended termination, fair and reasonable compensation for the value of the agreement. Permits the Federal district court to determine the amount of such reasonable compensation if a controversy occurs. Grants a dealer the right to file an action for damages or equitable relief against any supplier who violates this Act. States that this Act shall not be construed to modify any provision of the antitrust laws.
United States · United States Congress · 19 August 1982
Health Planning Block Grant Act of 1982 - Replaces title XV (National Health Planning and Development) of the Public Health Service Act with State health planning block grants. Authorizes appropriations for FY 1983 and 1984. Sets forth a schedule for the issuance of regulations, the approval or disapproval of State applications, and the obligation of funds. Denies funding to any State which does not revise its certificate of need laws to accord with this Act. Bases State allotments on population. Provides that any unallocated funds shall be returned to the Treasury. Provides with regard to State allotments that: (1) unobligated funds shall be available to the State for the next fiscal year; and (2) payments may be reduced by the value of furnished supplies or certain travel costs. Requires States to use their allotments to develop a certificate of need program and a State health plan. Prohibits a State from receiving funds unless its application has been approved by the Secretary. Requires such application to include a report on intended expenditures. Requires States to prepare activity reports and to audit expenditures at least every two years. Prohibits discrimination on the basis of age, handicap, sex, religion, race, color, or national origin in the administration of any programs or activities funded under this Act. Prescribes compliance and enforcement measures. Requires States to determine that there is a need for a new institutional health service and capital expenditure before offering such a service or obligating funds. Exempts health maintenance organization (HMO) services and inpatient health care facilities controlled by an HMO or group of HMOs from certificate of need requirements, upon approval of application for such exemption. Permits the approval of a certificate of need for an HMO in certain circumstances, especially for the acquisition of major medical equipment. Requires that certificates of need for capital expenditures state a maximum spendable amount. Authorizes the State agency to withdraw after a hearing a certificate of need for applicant noncompliance. Requires the State agency to review a certificate of need application on the basis of the State Health Plan. Sets forth procedural requirements respecting a State certificate of need program. Prescribes the general contents of a State health plan. Requires a biennial revision of such plan. Directs the Secretary of Health and Human Services to make grants to States for the regional health planning agencies. Sets forth a formula for the allocation of grant funds. Conditions such grants on the designation of intrastate or interstate health planning areas established according to specified criteria. Requires a regional health planning agency for each such area. Limits the sources of non-Federal contributions to such agencies. Describes the functions of such agencies. Directs the Secretary, by grants or contracts, to assist public or private nonprofit entities in meeting the operating costs of a center for multidisciplinary health planning methods development and technical assistance. Repeals the health planning block grant program effective at the end of the third complete successive fiscal year after enactment of this Act. States that such repeal will not affect any suits or other proceedings begun before such effective date.
United States · United States Congress · 11 August 1982
Missing Children Act - Authorizes the Attorney General to collect and exchange information which would assist in the identification of unidentified deceased individuals and the location of missing persons, including missing children.
United States · United States Congress · 5 August 1982
Directs the Secretary of Agriculture to establish: (1) a national pseudorabies eradication program; and (2) an advisory committee on pseudorabies eradication.
United States · United States Congress · 28 July 1982
Medicaid and Medicare Part B Budget Reconciliation Amendments of 1982 - Title I: Medicaid Savings - Amends title XIX (Medicaid) of the Social Security Act to prohibit with respect to categorically needy beneficiaries: (1) the imposition of any enrollment fee, premium or similar charge; and (2) the imposition of any deduction, cost sharing, or similar charge with respect to emergency services or care and services furnished to an inpatient in a skilled or intermediate nursing facility, a pregnant woman, an individual under 21, or an individual enrolled in a health maintenance organization (HMO). Provides that any deduction, cost sharing, or similar charge with respect to: (1) inpatient hospital services may not exceed one dollar per day; (2) outpatient hospital services, physicians' services, or clinic services may not exceed one dollar per visit; and (3) other care and services will be nominal. Permits a charge of up to four dollars per visit for emergency services in certain instances. Prohibits with respect to medically needy beneficiaries any deduction, cost sharing, or similar charge with respect to care and services which are furnished: (1) to a pregnant woman; (2) to an individual under 21; or (3) for emergency services. Provides that any deduction, cost sharing, or similar charge otherwise imposed will be nominal with respect to other care and services, except that a four dollar charge per visit may be imposed for emergency room services in certain instances. Prohibits a provider participating under a State's Medicaid plan from denying care or services to a beneficiary because of inability to pay a deduction, cost sharing, or similar charge. Prohibits the imposition of a lien against the property of any individual prior to his or her death on account of medical assistance paid or to be paid on the individual's behalf under a State's plan except: (1) pursuant to a court judgment; and (2) in the case of the real property of an individual who is an inpatient in a skilled nursing facility or an intermediate care facility and who is reasonably likely to remain an inpatient for the remainder of the individual's life. Provides that if an individual is discharged the lien shall dissolve. Provides that there shall be no adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the plan, except: (1) in the case of an individual who was 65 or older when he or she received such assistance or with respect to property subject to a lien or a trust established relating to the lien, from the estate or trust on the individual's death; or (2) in the case of property which is subject to a lien and which has been sold, the proceeds of the sale pertaining to the lien shall be put into a trust and, if the lien would have been dissolved (pursuant to discharge from a nursing facility), the trust shall be terminated. Provides that the adjustment or recovery specified above shall be made only after: (1) the death of a surviving spouse; (2) there are no surviving children under 21 or children who are blind or disabled; or (3) in the case of a lien, there is no sibling or child lawfully residing in the home. Authorizes the denial of assistance to an individual while an inpatient in a nursing facility, if: (1) it is likely that the individual will remain in the facility for the remainder of his or her life; and (2) at any time prior to the month in which the individual applied for assistance the individual disposed of a home for less than fair market value. Provides that an individual shall not be ineligible in certain circumstances (including the circumstance where denial would cause undue hardship). Directs the Secretary to provide for an adjustment in the amount of payment made to a State so that the State will receive an amount equivalent to the amount it would have been paid under Medicaid if the State had a qualified hospital cost review program, if the annual rate of increase in aggregate hospital inpatient costs per capita or per admission for 1983 or 1984 in a State with an election in effect (as authorized in this Act) is less than the State target rate of increase. Authorizes a State to have the above provisions apply in lieu of an offset for qualified hospital cost review programs for FY 1983 and 1984. Provides that, for the purposes of title XIX, any individual who meets the following qualifications shall be deemed a recipient of supplemental security income (SSI) under the SSI program (title XVI of the Act): (1) the individual is under 18 and disabled; (2) the individual requires the level of care provided in a hospital, skilled nursing facility, or intermediate care facility, and such care is appropriately provided outside such an institution and is no more expensive than care in such an institution; and (3) if the individual were in an institution, the individual would be eligible for SSI. Authorizes a State to treat, for purposes of Medicaid eligibility, as an individual receiving Aid to Families with Dependent Children (AFDC) (part A of title IV of the Act) an individual who would be eligible for AFDC but for specified income limitations made under the Omnibus Budget Reconciliation Act of 1981, if the individual meets specified alternative requirements as the State may provide. Makes technical amendments to the Omnibus Budget Reconcilitation Act of 1981. Title II: Medicare (Part B) Savings - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to reduce the reimbursement for inpatient radiology and pathology services from 100 to 80 percent. Provides that, in determining the prevailing charge levels for physicians' services rendered during the 12-month period ending September 30, 1983, prevailing charge levels shall not exceed 104 percent of the level in effect for the 12-month period ending June 30, 1982. Provides that, for subsequent periods, the Secretary shall treat the level set during such 12-month period as having fully provided for economic changes which would otherwise have been taken into account. Provides that such limitation shall not apply to any physician with an assignment agreement in effect with the Secretary. Revises provisions relating to payments to and contractual arrangements with health maintenance organizations (HMOs) on behalf of individuals eligible for Medicare. Directs the Secretary of Health and Human Services to annually determine a per capita rate of payment for each class of individuals: (1) enrolled with an HMO pursuant to this Act, entitled to benefits under part A (Hospital Insurance) of title XVIII, and enrolled under part B (Supplementary Medical Insurance) of title XVIII; and (2) enrolled with an HMO and enrolled under part B only. Provides a rate for each class equal to 95 percent of the adjusted average per capita cost for that class. Defines the term "adjusted average per capita cost" to mean the average per capita amount that the Secretary estimates would be payable for services furnished under the Medicare program, if the services were to be furnished by other than an HMO. Directs the Secretary in establishing classes of individuals to take into consideration age, institutional status, disability status, and place of residence, and other factors determined appropriate by the Secretary. Redefines an HMO. Requires an HMO to meet certain requirements, including limits on premiums, deductibles, coinsurance, and copayments. Provides that individuals enrolled in the Medicare program shall be eligible under this Act with any HMO with which the Secretary has contracted. Prohibits premiums, deductibles, coinsurance, and copayments of an HMO from exceeding the adjusted community rate, for any additional services. Defines the adjusted community rate. Requires an HMO to provide additional benefits which are at least equal in value to the difference between the average per capita payment and the adjusted community rate, if the adjusted community rate is less than the average per capita payment rates of payment. Provides that the additional benefits shall be either reducted charges or additional health benefits. Requires each contract between the Secretary and an HMO to contain provisions giving the Secretary the right to inspect an HMO's books and to evaluate an HMO's services. Provides that if the Secretary is not satisfied that an HMO has the capacity to bear the risk of potential losses under a risk-sharing contract under this Act, or if the HMO so elects, the HMO may be reimbursed on the basis of reasonable cost if the Secretary is satisfied that the HMO is able to perform its contractual obligations effectively and efficiently. Includes in the definition of medical and other health services the services of a physician assistant or a nurse practioner furnished to a member of an HMO. Provides that the new HMO provisions of this Act shall not apply: (1) to a beneficiary enrolled on the effective date unless the individual requests that they apply or the Secretary determines they should apply because of administrative burdens; (2) to an HMO with a current risk contract or with a demonstration project for five years after the effective date; or (3) to an HMO with an existing demonstration project, if at enactment the HMO was furnishing services pursuant to the contract and the project concludes after enactment. Directs the Secretary to conduct a study and report to Congress concerning additional benefits selected by HMOs. Directs the Secretary to conduct a study and report to Congress concerning the extent of, and reasons for, the termination by Medicare and Medicaid beneficiaries of their membership in HMOs. Permits merchant seamen who are entitled to treatment and hospitalization under the Public Health Service Act and who were eligible for Medicare to enroll in Medicare.
United States · United States Congress · 23 July 1982
Expresses the sense of Congress that: (1) national efforts to reduce malnutrition should continue; (2) Federal involvement in nutrition programs should be maintained; and (3) responsibility for Federal child nutrition programs should not be turned back to the States.
United States · United States Congress · 15 July 1982
Residential Mortgage Investment Act of 1982 - Permits employee benefit plans, as defined under this Act, to engage in any qualified mortgage transaction involving any qualified residential mortgage loan, provided transactions between all parties are at arm's length. Permits such plans to participate in any mortgage pool, provided such pool conforms to specified requirements with regard to permitted investments. Authorizes the Secretary of the Treasury to prescribe regulations to carry out this Act. Provides that this Act shall supersede any and all contrary provisions of State law, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code. Prohibits the imposition of Federal excise tax on a plan or pool that engages in a transaction described under this Act.
United States · United States Congress · 15 July 1982
Expresses the support of the Congress for beginning strategic arms reductions talks. Urges the Soviet Union to join with the United States in concluding an equitable and verifiable agreement which freezes strategic nuclear forces at equal and substantially reduced levels. Reaffirms congressional support for the position that the United States should not enter into an arms agreement which provides for force levels inferior to those of the Soviet Union. Declares that the United States should propose practical measures to: (1) reduce the danger of accidental nuclear war; (2) prevent the use of nuclear weapons by third parties, including terrorists; and (3) halt the worldwide proliferation of nuclear weapons. Insists that any arms control agreement must be fully verifiable.
United States · United States Congress · 13 July 1982
Authorizes the Secretary of the Army to convey specified land to Illinois for National Guard purposes. Requires that the conveyance be made at the appraised market value of the land and authorizes the Secretary to give the State credit for costs previously incurred in improving the property.
United States · United States Congress · 23 June 1982
Fish Restoration Act of 1982 - Title I: Fish Restoration Program - Directs that Federal moneys apportioned to a coastal State for aid in fish restoration and management be equitably allocated by such a State between marine and fresh water fish projects, and that at least 40 percent be used for related construction and land acquisition. Amends the Federal Aid in Sport Fish Restoration Act to: (1) define the term "coastal State" for the purposes of such Act; (2) authorize appropriations in the amount equal to the revenue accruing from taxes relating to sport fishing equipment and certain recreational boats and boating equipment during FY 1983 and each fiscal year thereafter; (3) increase the percentage of the annual appropriation deducted for administrative expenses; (4) eliminate the notification by a State of intent to accept such apportionment funds requirement; (5) authorize the Secretary of the Interior to finance up to 75 percent of the costs of the acquisition of lands or interests therein and the construction of structures or facilities; and (6) permit each State to utilize up to ten percent of its apportionment for an aquatic resource education program. Title II: Tax on Sale of Sport Fishing Equipment and Certain Recreational Boats and Boating Equipment - Amends the Internal Revenue Code to impose a tax on the sale by the manufacturer, producer, or importer of any article of sport fishing equipment, recreational boats, and boating equipment.
United States · United States Congress · 23 June 1982
Authorizes the erection of a memorial on public grounds in the District of Columbia, or its environs, in honor and commemoration of members of the armed forces who served in the Korean war. Directs the Secretary of the Interior to select, with the approval of the National Commisson of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Declares that no moneys belonging to the United States or the District of Columbia shall be expended for the erection of such memorial.
United States · United States Congress · 9 June 1982
Comprehensive Smoking Prevention Education Act of 1982 - Amends title XVII (Health Information and Health Promotion) of the Public Health Service Act to direct the Secretary of Health and Human Services to inform the public of the health hazards of cigarettes through research, demonstration, and educational activities. Establishes an Interagency Committee on Smoking and Health to coordinate Federal and private activities. Requires the Committee to meet at least four times a year. Directs the Secretary to report annually to the Congress. Amends the Federal Cigarette Labeling and Advertising Act to change existing label warning provisions to require cigarette packages and advertisements to carry specified health warnings. Makes it unlawful to manufacture, import, or package cigarettes for sale or distribution in the United States without package disclosure of tar, nicotine, and carbon monoxide levels (based on Federal Trade Commission tests). Requires the Commission to perform these tests at least once a year. Increases the fine for Federal Cigarette Labeling and Advertising Act violations from $10,000 to $100,000.
United States · United States Congress · 8 June 1982
Wilderness Protection Act of 1982 - Withdraws from disposition under all laws pertaining to oil, gas, mineral, and geothermal leasing: (1) wilderness areas; (2) lands recommended for wilderness designation, until Congress determines otherwise or until the lands concerned are recommended for other uses; (3) wilderness study areas, for the period of interim wilderness protection and management required by law; and (4) lands identified for further planning in Executive Communication 1504, 96th Congress, until one year after the final approval and implementation of an initial forest plan covering the further planning area. Exempts from the withdrawal pursuant to this Act: (1) national forest system land released to management for nonwilderness uses; (2) lands designated as congressional wilderness study areas in Colorado and New Mexico and certain lands within the River of No Return Wilderness in Idaho; (3) Bureau of Land Management wilderness study areas; and (4) lands designated as a conservation system unit under the Alaska National Interest Land Conservation Act. Permits activities compatible with the preservation of the wilderness environment for the purpose of inventorying energy, mineral, and other resource values in areas withdrawn by this Act. Requires the Secretary of the Interior to augment recurring surveys of mineral values of wilderness areas and to acquire information on the areas withdrawn by this Act by conducting nondestructive mineral inventories of such areas. Authorizes the President to recommend to Congress that minerals exploration, development, or extraction be permitted in specified areas withdrawn under this Act, if: (1) there is an urgent national need for the mineral activity; and (2) such need outweighs the public values of the wilderness lands involved and the potentially adverse environmental impacts likely to result. Makes such a recommendation effective only upon enactment of a joint resolution of approval by Congress.
United States · United States Congress · 26 May 1982
Handicapped Infants Protection Act of 1982 - Amends the Child Abuse Prevention and Treatment Act to require the National Center on Child Abuse and Neglect to conduct a study of child abuse or neglect in federally assisted or operated health care facilities. Directs the Secretary of Health and Human Services to: (1) report the results of this study to the Congress within three months; and (2) give priority to information about adoption and foster care of handicapped infants. Prohibits doctors or other health care facility personnel from withholding nutrition or medical treatment from a handicapped infant. Provides a private right of action for violations of this Act. States that any punitive damage awards shall be used for the benefit of the infant involved in the suit, or if deceased, for research and treatment of handicapped infants. Directs the Center to establish and disseminate violations reporting procedures. Provides civil and criminal immunity and job protection for persons reporting such violations. Requires health care facilities to provide parents or guardians of handicapped infants with information about agency assistance for these infants.
United States · United States Congress · 25 May 1982
Establishes in the House of Representatives the Ad Hoc Committee on Entitlements to conduct a full investigation of factors contributing to, and methods to restrain, costs of entitlement programs. Requires the committee to report its findings as soon as practicable during the current Congress.
United States · United States Congress · 19 May 1982
Prohibits the payment of an annuity under the civil service retirement system to a Member of Congress or to his or her survivor or beneficiary if such Member is convicted of a felony. Provides for the refund of contributions and deposits made to the civil service retirement system or the armed forces survivor benefit plan for the period after the conviction. Restores the right of an individual to an annuity denied because the individual was convicted of a State felony, if such individual is pardoned by the State's governor.
United States · United States Congress · 13 May 1982
Amends the Internal Revenue Code to provide that, for purposes of determining whether a private foundation is an operating foundation, the private foundation may use the estate tax valuation for a farm: (1) owned by the foundation on January 1, 1982; or (2) acquired by the foundation from a decedent dying after December 31, 1981.
United States · United States Congress · 12 May 1982
Expresses the sense of the Congress that: (1) the President should direct the appropriate agencies to pursue vigorously and conclude promptly the countervailing duty and antidumping investigations being conducted under the Tariff Act of 1930 and the Trade Act of 1974 concerning foreign trade practices involving carbon steel mill products and specialty steel mill products; and (2) the Congress should consider legislation to strengthen U.S. trade laws if necessary.
United States · United States Congress · 10 May 1982
Expresses the sense of the Congress that: (1) the Soviet Union should comply with certain international agreements relating to human rights by pursuing a more humane emigration policy and by ceasing harassment of Jews and others seeking to emigrate; (2) Soviet compliance with internationally recognized emigration rights would significantly promote improved relations with the United States; (3) the President should convey these concerns of Congress to the Soviet Union at every appropriate opportunity; and (4) the President should also convey these concerns to U.S. allies.
United States · United States Congress · 5 May 1982
Used Motor Vehicle Safety Act of 1982 - Amends the National Traffic and Motor Vehicle Safety Act of 1966 to set forth provisions requiring information disclosures and certifications regarding the sale of used motor vehicles. Requires the seller of a used motor vehicle to furnish the buyer with a written statement on the present condition of certain components of the vehicle as compared to the original condition of those components. Requires the seller to include as a provision of the sale contract, certification of the roadworthiness of such vehicle. Sets forth buyer remedies and civil penalties for violations of provisions of this Act.
United States · United States Congress · 27 April 1982
Health Planning Block Grant Act of 1982 - Replaces title XV (National Health Planning and Development) of the Public Health Service Act with State health planning block grants. Authorizes appropriations for FY 1983 through 1985. Sets forth provisions regarding: (1) allotment division and use; (2) reports and audits; (3) the certificate of need program; and (4) State application review. Terminates the State health planning block grant program estblished by this Act three full fiscal years after enactment.
United States · United States Congress · 22 April 1982
Surplus Agricultural Commodities Disposal Act of 1982 - Amends the Agricultural Act of 1949 to direct the Commodity Credit Corporation to contract for the processing of surplus commodities into liquid fuels and agricultural commodity byproducts. Requires the Secretary to report to Congress within 120 days and annually thereafter.
United States · United States Congress · 22 April 1982
Expresses the sense of the House of Representatives that the President should notify the Common Market's Council of Ministers that: (1) renegotiation of the Common Market's tariff on corn gluten feed is not in the best interests of the United States; and (2) the imposition of any trade restriction on corn gluten feed would seriously impede U.S. relations with the Common Market. Urges the President to take all other appropriate steps to protect U.S. exports of corn gluten feed.
United States · United States Congress · 21 April 1982
Prohibits the Government from imposing export restrictions on agricultural commodities which interfere with valid export contracts if: (1) the contracts were entered into before the imposition of such restrictions; and (2) the contracts provide for the delivery of such commodities for export within 180 days of the date the restrictions were imposed.
United States · United States Congress · 6 April 1982
Amends the Water Research and Development Act of 1978 to authorize appropriations, on a cost-sharing basis, through FY 1984 for water resources research institutes and for grants to and contracts with such institutes and other qualified institutions. Authorizes appropriations through FY 1984 for saline water conversion research and development programs. Authorizes appropriations through FY 1984 to carry out water research and development programs pursuant to such Act other than those for which specific authorizations are made.
United States · United States Congress · 5 April 1982
Export Administration Act Amendments of 1982 - Amends the Export Administration Act of 1979 to prohibit the President from imposing an embargo on the export of goods or technology to a country unless war or a national emergency has been declared. States that a national emergency declaration shall not effect any contract entered into before the declaration until 180 days after the declaration. Limits the duration of the embargo to the length of the war or national emergency.
United States · United States Congress · 1 April 1982
Amends the Internal Revenue Code to set forth special temporary rules for the taxation of life insurance companies for 1982 and 1983. Revises provisions relating to policies reinsured under modified coinsurance contracts. Specifies that prescribed policy and other contract liability requirements shall not include interest payable after enactment of this Act by a reinsured to a reinsurer in connection with a coinsurance contract. Revises the method of computing the tax deductions for: (1) dividends to policyholders; (2) certain nonparticipating contracts; and (3) certain accident, health insurance, and group life insurance plans. Revises the method of determining adjusted life insurance reserves. Revises the method of computing the policyholder's share of investment yield, life insurance company taxable income, and net capital gain for companies filing consolidated returns. Specifies that the above method shall not apply to certain contract computations in effect before 1982. States that the determination for taxable years before 1982 as to whether a contract is a coinsurance contract shall be made solely by reference to the terms of the contract.
![Official portrait of Rep. Madigan, Edward R. [R-IL-15]](https://www.congress.gov/img/member/m000041_200.jpg)