United States · United States Congress · 17 August 1982
Catastrophic Health Expense and Cost Constraint Act - Title I: Catastrophic Automatic Protection Plan (CAPP)-Part A: Establishment of Catastrophic Automatic Protection Plan - Adds as a new title to the Social Security Act, title XXI - Catastrophic Automatic Protection Plan. Establishes a voluntary insurance plan to provide automatic protection to families against catastrophic medical expenses, the Catastrophic Automatic Protection Plan (CAPP), to be funded by general revenues and coinsurance amounts. Provides that a family will be eligible for CAPP assistance for CAPP covered expenses after members of the family incur medical expenses equal to the deductible. Varies the deductible depending on income, the maximum being $750 plus 30 percent of the amount by which a family's income exceeds $7,500. Sets forth provisions relating to applications for assistance under this Act. Specifies penalties for any family which intentionally falsifies an income statement. Provides that payments shall be made for up to 100 percent of covered CAPP medical expenses and services except that in the case of prescription drugs for chronic illness the payment rate shall be 75 percent. Provides that the coinsurance amount shall be equal to approximately 10 to 20 percent of family income, graduated according to income. Provides that there shall be no coinsurance payments after a family has incurred expenses equal to the "CAPP stop-loss". Provides that the CAPP stop-loss for any year shall be equal to approximately 10 to 20 percent of family income, again graduated according to income. Part B: Payment of Providers and Administration - Provides that payments with respect to CAPP covered services which are described in title XVIII (Medicare) of the Act shall be made to providers, with specified exceptions, in the amount and in accordance with the procedures set forth in such title. Directs the Secretary of Health and Human Services to provide for a listing, within specified therapeutic categories, of drug entities which may be legally introduced into interstate commerce. Provides that any individual dissatisfied with any determination relating to the individual's eligibility for or amount of CAPP benefits shall be entitled to a hearing concerning such determination and to judicial review of the Secretary's final decision. Part C: Definitions - Sets forth definitions of terms used in this Act, including "CAPP covered services" which is defined as services furnished to an individual to the extent payment for such service may be made under the Medicare program, except that under CAPP: (1) inpatient psychiatric services shall be covered for 45 days in a calendar year; and (2) the limitations on the extent of inpatient hospital services shall not apply with respect to CAPP covered services. Provides, in addition, that such term includes the furnishing of prescription drugs for treatment of chronic illness for individuals entitled to hospital insurance benefits under part A of title XVIII. Directs the Secretary to provide for an evaluation, by an entity outside the Department of Health and Human Services, of the implementation of this Act during its first five years and to report to Congress on the evaluation. Title II: Health Cost Restraint and Employer Health Plans - Amends the Internal Revenue Code to include in a taxpayer's gross income any contribution by his or her employer to a health plan for any month to the extent that such contribution amount exceeds a specified limitation. Limits the employer contribution for the coverage of an employee and his or her family to $100. Provides that the applicable dollar limit for a nonqualified health plan shall be zero. Set forth requirements used to determine whether or not a plan is nonqualified. Includes among the requirements of a qualified health plan the requirements that the plan: (1) provide minimum coverage, which means CAPP covered services; and (2) shall not be treated as providing minimum coverage if the aggregate amount of nonreimbursable deductibles, copayments, and coinsurance with respect to a covered employee during any year for covered deductible medical expenses (as computed under CAPP) and expenses for which assistance is provided such employee or family under CAPP in a calendar year exceeds $3,500. Requires that the employer contribution under a qualified health plan be at least 50 percent of the per employee cost. Authorizes the Secretary of Health and Human Services and the Secretary of the Treasury to enter into an agreement with a State under which the State could certify a health plan. Revises the deduction for medical, dental, and other health expenses by providing that there shall be allowed as a deduction the following amounts, not compensated for by insurance: (1) the amount by which the medical care expenses of the taxpayer, the taxpayer's spouse, and dependents who are blind or disabled or who are receiving Medicare because of end-stage renal disease exceed three percent of adjusted gross income or the amount by which the expenses of medical care (other than care under the supplementary medical insurance program of Medicare) provided the taxpayer, the taxpayer's spouse, and dependents while a resident of a long-term care facility or an institution for the physically or mentally handicapped exceed three percent of adjusted gross income; (2) an amount (not in excess of $150) equal to one-half of the expenses for insurance (which is not a qualified individual health plan); and (3) an amount (not in excess of $500) equal to the expenses for a qualified individual health plan, if no payment is made by the taxpayer's employer toward the plan. Sets forth the requirements of a qualified individual health plan, including a requirement that the plan include CAPP covered services. Title III: Medicare Amendments - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to provide that individuals entitled to certain part A benefits are eligible under CAPP. Provides coverage for: (1) items and services related to pregnancy, delivery, and the care of a child through one year after birth; and (2) such immunizations against communicable diseases that are capable of causing serious illnesses or death without immunization. Provides that any charge for any service or procedure performed by a doctor shall be reasonable if: (1) the service or procedure is performed in a designated physician shortage area; (2) the physician has a regular practice in the shortage area; (3) the charge does not exceed the prevailing charge level as otherwise determined; and (4) the charge does not exceed the amount generally charged by such physician for similar services. Provides an alternative hospital reimbursement system. Authorizes a legal entity (which may be a hospital, associations of hospitals, or a State or local government) to apply to the Secretary to have hospital services provided by specified hospitals serving the same geographic area reimbursed under such an alternative system rather than as provided under title XVIII or XIX (Medicaid) of the Act. Authorizes a State to apply to have all hospitals in the State reimbursed under the alternative method. Requires approval of the alternative method if under the alternative method: (1) hospital expenditures under Medicare and Medicaid (title XIX of the Act) will not be greater than if the alternative system was not in effect; and (2) there will not be a significant reduction of or refusal to admit specified classes of patients to hospitals. Permits the States and certain legal entities to apply for a grant to aid in establishing the alternative system. Revises provisions relating to payments to and contractual arrangments with health maintenance organizations (HMO) on behalf of individuals eligible for Medicare. Directs the Secretary to annually determine a per capita rate of payment for each class of individuals: (1) enrolled with an HMO pursuant to this Act and 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 under part B only. Provides a rate for each class equal to 95 percent of the adjusted average per capital cost for that class. Defines the term "adjusted average per capital cost" to mean the average per capital 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 such factors as age, sex, institutional status, disability status, place of residence, and other factors which the Secretary determines to be appropriate. 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 for enrollment with any HMO with which the Secretary has contracted. Prohibits premiums, deductibles, coinsurance, and copayments of an HMO for services in addition to those available to Medicare enrollees from exceeding, for such individuals, the adjusted community rate for such services. Defines the adjusted community rate. 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 contracted obligations effectively and efficiently. Provides for the coverage of the services of a physician assistant or nurse practitioner furnished pursuant to a contract under title XVIII to a member of an HMO. Amends part A (General Provisions) of title XI of the Social Security Act to prohibit a capital expenditure made by or on behalf of a health care facility from being subject to review pursuant to the limitation on Federal participation for capital expenditures of part A if the obligation of the capital expenditure by the facility would not be reviewed under the Public Health Service Act. Directs the Secretary to conduct a study and report to Congress concerning additional benefits offered by HMOs. Title IV: Miscellaneous Provisions - Directs the Secretary to reduce Federal Medicaid payments to a State if the State: (1) reduces the number of categories of individuals eligible for benefits or the extent of such benefits under titles XIX, XX (Grants to States for Services), or XXI of the Act; and (2) makes changes that result in an increase in the amount of payments that would otherwise be made under title XXI. States that it shall be considered an unfair trade practice for any entity to advertise that any amounts paid to an individual represent reimbursement for the deductible under CAPP.
United States · United States Congress · 22 July 1982
Firearms Ownership Rights Act of 1982 - Title I: Findings and Purposes of this Act - Sets forth findings regarding the legislative history of the Gun Control Act of 1968 and Federal preemption of State and local firearms laws. Title II: Amendments to the Gun Control Act of 1968 - Amends the Gun Control Act of 1968 to declare that no provision shall be construed to preempt a State law on the same subject matter, unless there is a direct and positive conflict between the laws which cannot be reconciled. Declares that Congress does intend to preempt any local government law which prohibits or regulates the ownership or possession of firearms or ammunition, unless the local law is created by Federal or State law. Makes any local government which enacts a law conflicting with this Act ineligible to receive Federal funds for law enforcement.
United States · United States Congress · 22 July 1982
Expresses the concern of the House of Representatives in the preservation and restoration of Rhodes Tavern in Washington, D.C. Encourages preservation and restoration efforts by the National Trust for Historic Preservation, the National Capitol Planning Commission, the Commission of Fine Arts, the mayor and city council, and other interested organizations.
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 · 24 June 1982
Amends the Internal Revenue Code to exclude from gross income any income, gains, or other amounts derived by an eligible foreign pension plan from qualified investments in residential real property.
United States · United States Congress · 24 June 1982
States that no Internal Revenue Service regulations determining whether an interest in a corporation is to be treated as stock or indebtedness shall apply to an instrument issued before 180 days after the regulations are submitted to Congress. Requires that any such proposed regulations shall be consistent with the findings of Congress set forth in this Act if the Secretary of the Treasury chooses to adopt them.
United States · United States Congress · 23 June 1982
Commemorates July 1, 1982, the 25th anniversary of the beginning of the International Geophysical Year. Reaffirms the commitment of the House of Representatives to a new era of international cooperation in all the sciences.
United States · United States Congress · 22 June 1982
Expresses the sense of Congress that legislation should be proposed and enacted to: (1) establish parity between the compensation of Government Printing Office (GPO) employees and the compensation of other Federal employees performing similar work; (2) fix the wages of GPO employees in accordance with the prevailing wage rate system applicable to executive branch employees; and (3) strengthen the Public Printer's ability to manage without infringing on the oversight responsibilities of the Joint Committee on Printing.
United States · United States Congress · 7 June 1982
Amends titles II (Old Age, Survivors and Disability Insurance) and XVIII (Medicare) of the Social Security Act to prohibit the inclusion of the disbursements from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund and of the receipts from the old age, survivors and disability insurance taxes and the hospital insurance taxes on self-employment income, employees, and employers in the totals of the Federal budget. Exempts such disbursements and receipts from any general statutory limitation on Federal budget outlays.
United States · United States Congress · 24 May 1982
Amends the Internal Revenue Code to revise requirements for sale and leaseback arrangements for purposes of the accelerated cost recovery system. Requires that the guidelines of specified Revenue Procedures relating to minimum investment, purchase options, lessee investments and loans, profit and cash flow requirements, and limited use property be followed in all lease transactions. Requires that a lessor have a minimum 20 percent unconditional at risk investment in the leased property (currently, ten percent).
United States · United States Congress · 21 May 1982
Amends the Internal Revenue Code to exclude from gross income gain from the sale of real property to certain organizations for use for conservation purposes. Requires that such sale be on the installment method and that such conservation purpose be protected in perpetuity. Disallows such exclusion in the case of involuntary conversions. Allows an extension of time for payment of estate taxes in the case of acquisitions from a decedent's estate of real property by qualified organizations used for conservation purposes. Limits such extension to ten years after the decedent's death.
United States · United States Congress · 21 May 1982
Amends the Internal Revenue Code to increase the allowable amount of the income tax deduction for eliminating architectural and transportation barriers for the handicapped and aged from $25,000 to $100,000. Makes such tax deduction permanent.
United States · United States Congress · 13 May 1982
Amends the Internal Revenue Code to authorize the Secretary of the Treasury to disclose the names and addresses of persons receiving permits to produce distilled spirits for fuel use to certain State agencies for use in enforcing State laws. Limits such disclosure to State agencies with the responsibility for the enforcement or administration of: (1) State law relating to the manufacture, production, or sale of distilled spirits; or (2) State taxes imposed on the sale of distilled spirits.
United States · United States Congress · 11 May 1982
Amends the Internal Revenue Code to provide that certain indebtedness incurred by qualified educational organizations in acquiring or improving real property shall not be treated as acquisition indebtedness for purposes of the tax on unrelated business taxable income.
United States · United States Congress · 6 April 1982
Amends the Internal Revenue Code to allow a State, at its option, to enter into an agreement with the Secretary of the Treasury and the Secretary of Labor under which the State shall: (1) collect the tax imposed by the Federal Unemployment Tax Act; (2) retain a specified portion of such tax to be used for the administration of the State's unemployment compensation law and public employment offices; and (3) pay to the Treasury the remaining portion of such tax not retained. Allows a State to deposit any unexpended funds into its unemployment fund for use in payment of unemployment compensation. Requires the Secretary of the Treasury and the Secretary of Labor to enter into such an agreement unless: (1) the Secretary of Labor determines that a State does not have an unemployment compensation law which meets the requirements of Federal law; or (2) the Secretary of the Treasury determines that the State is not able to properly collect and pay over the required employment tax. Authorizes the Secretaries to declare a State to be in violation of such arragement if either should determine that the State is not meeting the requirements of this Act. Provides that a refusal to enter into an agreement and a declaration of violation shall be subject to administrative and judicial review. Provides tax penalties for any violation of such an agreement. Provides that any State entering into such an agreement shall not be eligible to receive payments under title III or title IX of the Social Security Act or under the Wagner-Peyser Act. Amends the Internal Revenue Code and titles III and IX of the Social Security Act to allow States, at their option, to maintain and manage their own unemployment funds.
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.
United States · United States Congress · 1 April 1982
Expresses the sense of the House of Representatives that the United States should acclaim and support the demonstration of the people of El Salvador in favor of democracy.
United States · United States Congress · 31 March 1982
Amends rule X of the Rules of the House of Representatives to establish the Select Committee on Children, Youth, and Families to conduct a comprehensive study on their problems and to develop policies to coordinate governmental and private programs to address such problems. Provides that the committee shall not have legislative jurisdiction and shall terminate at the close of the Ninety-ninth Congress.
United States · United States Congress · 29 March 1982
Authorizes the President to designate April 4, 1982, as the National Day of Reflection. Notes that such date coincides with the 80th birthday of Rabbi Menachem Mendel Schneerson, head of the Lubavitch movement.
United States · United States Congress · 29 March 1982
Declares that the United States should propose to the Soviet Union: (1) a long-term, mutual, and verifiable nuclear forces freeze at equal and sharply reduced levels of forces; and (2) practical measures to reduce the danger of an accidental nuclear war and to prevent the use of nuclear weapons by third parties. States that the United States and the Soviet Union should channel their resources away from nuclear armaments and towards fighting poverty, hunger, and disease. Declares that the United States should continue to work for balanced arms reductions.
United States · United States Congress · 24 March 1982
Amends the Internal Revenue Code to allow first-time home buyers an income tax credit equal to nine percent of the purchase price of a principal residence acquired after February 28, 1982, and before January 1, 1984. Limits the dollar amount of such credit to $5,400. Provides a three year carryback of excess credit amounts. Specifies that such credit shall be available with respect to only one residence of the taxpayer. Requires the recapture of credit amounts for the purchase of a principal residence if such residence is sold within 36 months after the date of acquisition, except in the case of the owner's death, a casualty loss, or a divorce settlement.
United States · United States Congress · 4 March 1982
Denies entitlement to dependency and indemnity payments to the children over 18 (unless disabled) of not fully insured veterans whose deaths occurred in-service or were service-related. Directs the Administrator of Veterans' Affairs to make a lump sum payment to an eligible survivor for retroactive benefits after August 1981.
United States · United States Congress · 3 March 1982
Home Recording Act of 1982 - Amends the copyright law to exempt from liability for infringement of copyright any individual who makes a single video recording of a motion picture or other audiovisual work, or a single audio recording of a musical work or sound recording, in his private home solely for the private use of his household. Requires the compulsory licensing of manufacturers and importers of video and audio recording devices and media. Directs the Chairman of the Copyright Royalty Tribunal to establish royalty fees to be paid by such manufacturers and importers. Sets forth a procedure for distributing such fees to the owners of copyright of audiovisual works included in television or radio transmissions or sold to the public on phonorecords. Sets forth penalties for violations of these requirements.
United States · United States Congress · 24 February 1982
Expresses the sense of the Congress that the problem of Americans missing because of the Vietnam war should be resolved as soon as possible. Urges the President to: (1) take actions to ensure the release of all Americans who remain captive; and (2) obtain from Vietnam, Laos, and Kampuchea a complete accounting of all the Americans who are missing, including a returning of the remains of the dead.
United States · United States Congress · 22 February 1982
Declares that the House of Representatives considers Arland D. Williams, Junior, to be a national hero for his heroic sacrifice after the airplane crash in the Potomac River on January 13, 1982.
United States · United States Congress · 10 February 1982
Legislative Residence Expenses Act of 1982 - Amends the Internal Revenue Code to repeal the provision allowing an income tax deduction without substantiation for living expenses of Members of Congress. Qualifies the income tax deduction for living expenses of State and Federal legislators to require legal residence in a location other than the city in which the legislative capitol is situated and the occupation of a second residence in the vicinity of the capitol for more than 183 days of the taxable year. Limits the income tax deduction for living expenses to amounts paid for: (1) utilities; (2) repairs; (3) home maintenance; (4) rent; and (5) depreciation. Provides a method of computing the depreciation on the home and its furnishings.
United States · United States Congress · 2 February 1982
Extends congratulations from the Congress to the Italian Government and its antiterrorist police forces for the successful rescue of Brigadier General James L. Dozier. Extends to General Dozier and his family best wishes for a quick recovery and return to normal life.
United States · United States Congress · 28 January 1982
Requests the President to present, on behalf of Congress, a gold medal to Lenny Skutnik, in recognition of his heroic rescue of one of the victims of the airline crash into the Potomac River on January 13, 1982. Authorizes appropriations. Authorizes the Secretary of the Treasury to cause bronze duplicates of such medal to be coined for sale to the general public.
![Official portrait of Rep. Martin, James G. [R-NC-9]](https://www.congress.gov/img/member/m000183_200.jpg)