United States · United States Congress · 19 July 1983
Amends the Internal Revenue Code to allow the rollover of certain partial distributions from employee benefit plans into individual retirement plans if: (1) the distribution is equal to at least 50 percent of the employee's balance; (2) the distribution is not one of a series of periodic payments; and (3) the employee elects such treatment. Denies ten year averaging and capital gains treatment for any subsequent distributions if such a rollover is made. Makes eligible for such a rollover any partial distributions paid to a spouse of an employee after the employee's death. Revises related parties rules to require that a payor of expenses and interest be placed on the cash method of accounting for purposes of deducting business expenses and interest owed to a related party cash-basis taxpayer. Extends present rules relating to such payments by Subchapter S corporations to such payments by partnerships. Allows an income tax deduction, as an ordinary loss, of losses incurred on the disposition of preferred stock of a domestic small business corporation. (Present law limits such treatment to losses incurred on the disposition of common stock in such a corporation.) Makes technical corrections to reinstate provisions enacted by the Highway Revenue Act of 1982 concerning tax-exempt interest income of mutual funds.
United States · United States Congress · 12 July 1983
Health Care for the Unemployed Act of 1983 - Title I: Amendments to Social Security Act - Amends the Social Security Act to add a new title, Title XXI - Health Care for the Unemployed. Part A - Block Grants to States - Authorizes appropriations for FY 1983 through 1985 to carry out this part. Makes available for allotments for block grants to States under this part specified sums for each such fiscal year for the development and operation of medical benefit plans for the unemployed. Requires a State, in order to receive a payment from its allotment: (1) to have an approved plan; and (2) to provide for any required State contributions. Sets forth a formula that the Secretary of Health and Human Services shall use in making allotments. Prohibits payment of a State's allotment for: (1) 1983 unless the State notifies the Secretary by September 15, 1983, of its intent to have in effect in the State a plan by June 30, 1984; and (2) FY 1984 and 1985 unless an approved plan is in effect by June 30, 1984. Requires a State plan for medical benefits for the unemployed to provide for making the following medical benefits available (to the extent such benefits are available under the Medicaid program of the Social Security Act) to eligible individuals voluntarily enrolled under the plan: (1) inpatient hospital services; (2) outpatient hospital and rural health clinic services; (3) laboratory and x-ray services; (4) family planning services and supplies; (5) physicians' services; (6) clinic services; (7) nurse-midwife services; and (8) prescribed drugs. Requires the plan to also provide the following medical benefits: (1) prenatal, delivery, post-partum, and well-baby care, without limitations of amount, duration, or scope except as to medical necessity; and (2) at least some ambulatory services. Authorizes a plan to impose: (1) a weekly premium equal to not more than five percent of an individual's unemployment compensation; and (2) a premium equal to not more than two percent of the average monthly unemployment compensation benefit in the State if an eligible individual is not receiving unemployment compensation. Requires a plan to provide for the imposition of a deductible. Permits the waiver of deductions, cost sharing, and similar charges in the case of financial hardship. Requires a State to provide for a State contribution towards expenditures under the plan, except for 1983. Sets forth formulas for determining such contribution which take into account a State's unemployment rate and the national unemployment rate. Limits a State's administrative expenses to a maximum of 10 percent of its plan's expenses, except for 1983. Requires each State to prepare and submit to the Secretary and each House of Congress by February 1, 1985, a report of its activities through FY 1984 under the plan. Makes provisions of title V (Maternal and Child Health) of the Act relating to reports and audits and nondiscrimination applicable to expenditure and activities under this part. Makes provisions of title XIX (Medicaid) and part A (General Provisions) of title XI of the Act relating to penalties applicable to State plans under this Act. Prohibits a payment to a provider from exceeding the payment for the same service provided under title XIX. Requires a plan to be secondary in payment to any other insurance or benefit plan providing medical benefits. Requires a State to determine if an applicant for benefits under the plan might be eligible for Medicaid. Requires a plan to meet specified administrative requirements of the State's Medicaid plan. Requires the Secretary to approve any plan meeting the above requirements. Directs the Secretary to disapprove any plan if the Secretary determines that: (1) the State provided eligibility for Medicaid or AFDC under title XIX or part A (Aid to Families with Dependent Children) of title IV of the Act to dependent children of unemployed parents as of June 1, 1983, and, after such date, discontinued coverage of such children under such plan; or (2) the State has made other significant reductions in eligibility or benefits under its Medicaid plan in order to establish or operate a plan under this part. Requires each State plan to specify the criteria for determining eligibility for medical benefits under the plan. Provides that an individual shall not be eligible for medical benefits under a State plan unless the individual is unemployed and: (1) is receiving unemployment compensation or received unemployment compensation for a week in the previous 104-week period; or (2) has been previously employed (as determined under the plan) and meets such reasonable financial or medical needs standards as the plan specifies. Requires coverage for a covered individual's immediate family members. Directs a State to specify the uniform minimum length of time an individual must have been previously unemployed in order to be eligible for benefits. Prohibits coverage of an individual under a plan if the individual is: (1) covered under a group health or his or her spouse's group health plan; or (2) eligible for Medicaid. Authorizes a State to limit the coverage period of an eligible individual, but the period may be less than one year for unemployed individuals who are receiving unemployment compensation or who received unemployment compensation for a week in the previous 104-week period. Permits an individual to terminate enrollment at any time. Authorizes a State plan to provide an enrollee with the voluntary option of electing to receive medical benefits through an arrangement with a health benefits plan rather than under the State plan if: (1) the scope, amount, and duration of benefits are at least equal to the State's; (2) premiums and charges do not exceed the State's; and (3) the amount of payment does not exceed the actuarial value of payments for medical benefits which would have otherwise been made. Part B: Open Enrollment, Continuation, and Conversion Rights of Individuals - Requires any group health plan offered by an employer of 25 or more individuals to: (1) have an open enrollment period for spouses of unemployed workers; (2) require the continuation of group health care coverage to an involuntarily laid off employee; and (3) offer unemployed workers covered under insured group health plans the right to convert to individual policies. Requires the open enrollment period to be of at least 30 days duration for each married employee whose spouse loses coverage under a group health plan due to an involuntary layoff. Requires the continuation of coverage period to be at least 90 days in the case of a covered employee (excluding temporary employees) who would otherwise lose coverage because of an involuntary layoff. Provides an individual with up to 31 days to convert to an individual policy following loss coverage under the group health plan. Part C: Assistance to Hospitals Serving the Unemployed - Directs the Secretary to make grants to hospitals to assist the hospitals in providing services to individuals unable to pay for such services. Directs the Secretary to: (1) give first priority to hospitals which are either public hospitals or hospitals serving areas not served by a public hospital; and (2) then give priority to other hospitals which demonstrate that they serve a significantly disproportionate number of patients who are unemployed and unable to pay for hospital services. Requires a hospital, in order to be eligible for a grant, to: (1) be located in an area experiencing high unemployment or serving primarily medically underserved populations; (2) serve a significantly disproportionate number of patients having low income and who are unable to pay for hospital services; (3) provide services to individuals without regard to their ability to pay; (4) provide assurances that if required to make available services to individuals who cannot pay pursuant to an assurance under the Public Health Service Act, the hospital has made the services available; and (5) offer assurances that it will use the sums provided in the grant in addition to, rather than in lieu of, existing Federal, State, and local funds currently available. Requires that an application be submitted for a grant and that the application be approved before a grant is made. Directs the Secretary to report to Congress concerning the grants. Authorizes appropriations for such grants for FY 1984-1986. Sets forth effective date provisions. Authorizes appropriations to carry out title V of the Act for FY 1983 and 1984, with an increase for FY 1984, but requires new funding authority thereafter. Increases Medicaid funding to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. Title II: Internal Revenue Code Amendment and Miscellaneous Provision - Amends the Internal Revenue Code to impose, until December 31, 1986, a tax on employers of 25 or more individuals equal to ten percent of the amount of the nonqualified employee health expenses paid or incurred annually. Defines "nonqualified employee health expenses" as the expenses paid or incurred by the employer for a group health plan to the extent such expenses are allocable to a period during which such plan does not meet each requirement contained in part B of title XXI. Amends title XVIII (Medicare) of the Social Security Act to set the "cap amount" used for computing payment for hospice care at $6,500 annually (to be adjusted annually according to the consumer price index).
United States · United States Congress · 30 June 1983
Tax Law Simplification and Improvement Act of 1983 - Title I: Revision and Simplification of Estimated Income Tax for Individuals - Amends the Internal Revenue Code to revise provisions dealing with the quarterly payment of estimated tax by individuals. Establishes the amount of the penalty for underpayment of estimated tax at the amount of the underpayment for the period of underpayment, plus interest on such amount. Revises the schedule for the payment of estimated tax installments. Specifies that the amount of the required annual estimated tax payment shall be the lesser of 80 percent of the current tax shown on the taxpayer's return or 100 percent of the preceding year's tax liability. Permits lower estimated tax payments if the taxpayer can show that the installment payments made over the year were adequate for each quarter based on an annualized income concept. Exempts a taxpayer from an estimated tax penalty: (1) where the tax liability is less than $500; (2) where there is no tax liability for the preceding taxable year; or (3) where there is reasonable cause for the underpayment. Exempts a taxpayer from a penalty for underpayment of estimated tax for the fourth quarter if such taxpayer files on or before January 31 of the following taxable year a return and pays any tax liability in full (March 1 for farmers and fishermen). Permits farmers and fishermen to make only one annual estimated tax payment on January 15 of each year. Lowers the percentage of the required estimated tax payment for such farmers and fishermen to 66-2/3 percent of the tax shown on their returns. Requires the Secretary of the Treasury to prescribe regulations to carry out the provisions of this title. Repeals provisions of the Internal Revenue Code dealing with the declaration of estimated tax by individuals, the time for filing declarations of estimated tax, and installment payments of estimated income tax by individuals. Provides that the amendments made by this title shall apply to taxable years beginning after December 31, 1983. Title II: Domestic Relations - Domestic Relations Tax Reform Act of 1983 - Amends the Internal Revenue Code to provide for the nonrecognition of gain from the transfer of property to a spouse or to a former spouse, if such transfer is incident to a divorce. Treats such transfer as a gift for purposes of determining the spouse's basis in such property (same basis as transferor spouse). Requires that any transfer of property under this provision occur within one year after the marriage ceases or be related to the cessation of the marriage. Redefines "alimony or separate maintenance payments" for purposes of determining whether such amounts should be included in gross income. Eliminates requirements that alimony payments must be made on account of a marital obligation imposed under local law and that such payments be made on a periodic basis. Requires that alimony payments be made in cash to a spouse under a divorce or separation agreement. Specifies that the divorce or separation agreement may indicate whether a payment to a spouse is alimony. Prohibits the characterization of a payment to a spouse as alimony if it is made for a transfer of property by the payee spouse or if both spouses are members of the same household at the time of payment. Prohibits payments of alimony to the estate of a deceased spouse. Characterizes a payment to a spouse as alimony if such payment is one of a series of cash payments where it is reasonable to expect that 50 percent of such payments will be made more than one year after the date of the first payment. Requires a spouse paying alimony to furnish the Internal Revenue Service with the taxpayer identification number of the spouse receiving alimony payments. Imposes a $50 fine for each failure to provide such information. Allocates the personal tax exemption for a dependent child of divorced parents to the parent having custody unless such custodial parent signs a written declaration that he or she will not claim the child as a dependent. Requires that such written declaration be attached to the income tax return of the noncustodial parent claiming the tax exemption. Treats a child of divorced parents as the dependent child of either parent for purposes of the medical expense deduction. Applies these tax rules to taxable years beginning after 1983. Permits a noncustodial parent to continue to claim a tax exemption for a dependent child in cases where such parent entered into an agreement with the custodial parent prior to January 1, 1984 which allocated the exemption to the noncustodial parent, and the noncustodial parent contributes at least $600 to the child's support for the year. Revises requirements relating to the exemption from liability of spouses who have no knowledge of substantial understatements of tax liability of their spouses with respect to jointly reported items of income and community property. Allows an estate tax deduction for transfers of property in settlement of marital or property rights not subject to the gift tax. Title III: Revision of At-Risk Rules for the Investment Tax Credit - Amends the Internal Revenue Code to revise the at-risk rules on the investment tax credit. Reduces the credit base of property eligible for investment tax credit treatment by the amount of nonqualified nonrecourse financing with respect to such property. Defines "nonqualified nonrecourse financing" (financing in which the taxpayer is protected against loss) as any nonrecourse financing which is not qualified commercial financing. Defines "qualified commercial financing" as any financing with respect to property if: (1) such property is not acquired from a related party (family, controlled corporations etc.); (2) the amount of the nonrecourse financing does not exceed 80 percent of the credit base of the property; and (3) such financing is obtained from certain business lenders or from any Federal, State, or local government. Sets forth special rules for the treatment of S corporation shareholders and partners with respect to the at-risk rules. Provides rules for the treatment of subsequent increases and decreases in nonqualified nonrecourse financing with respect to investment tax credit property. Title IV: Estate Tax Provisions - Amends the Internal Revenue Code to provide a permanent rule for the reformation of charitable split interest instruments for purposes of meeting the requirement for the tax deduction for gifts of split interests to charity. Requires that the charitable and noncharitable interests in the split interest trust generally remain the same before and after the reformation. Treats the premature death of an income beneficiary of a charitable remainder trust as the equivalent of a reformation. Permits the executor of an estate to elect an alternate date for valuing estate property only if such election will result in a decrease of the value of the gross estate and the amount of estate tax liability. Permits the executor to elect an alternate valuation date on a late filed return. Title V: Foreign Tax Provisions - Amends the Internal Revenue Code to define "resident alien" for U.S. tax purposes. Treats any individual as a resident alien if such individual: (1) is a lawful permanent resident of the United States at any time during the calendar year; (2) has an application for an immigrant visa pending at any time during the year and is physically present in the United States during at least 60 days; or (3) is present in the United States for a substantial period of time (at least 183 days during a three year period weighted toward the present year - "substantial presence test"). Exempts an individual from the application of the substantial presence test if such individual is present in the United States for fewer than 183 days and establishes that he has a closer connection with a foreign country than with the United States. Treats foreign government-related individuals, teachers or trainees, or students as nonresident aliens even if they meet the substantial presence test criteria. Authorizes the Secretary to require aliens who claim exemption from the substantial presence test to file statements explaining the basis for their exemption. Prohibits a married couple, both of whom are nonresident aliens, from using community property laws to split the U.S. earned income of one spouse for purposes of computing U.S. tax liability. Eliminates rules which attribute ownership of foreign personal holding company stock held by a nonresident alien to the alien's U.S. blood relatives. Treats stock of a foreign personal holding company owned by a partnership, estate, or trust which is not a U.S. shareholder, or a foreign corporation as being owned proportionately by its partners, beneficiaries, or shareholders, for purposes of the foreign personal holding company rules. Provides that shareholders of controlled foreign corporations will not be subject to taxation at ordinary income rates on previously taxed distributions from such corporations with respect to accumulated earnings and profits of such corporations. Prohibits the crediting of foreign taxes of a controlled foreign corporation that another U.S. taxpayer has already credited. Provides that earnings and profits accumulated by a foreign corporation while controlled by U.S. shareholders are subject to ordinary income treatment whether its owners controlled it directly or indirectly. Coordinates the taxation of foreign corporations in cases where there is a conflict between the application of the foreign personal holding company rules and the controlled foreign corporation rules of the Internal Revenue Code. Treats a foreign corporation as a domestic corporation, for income tax purposes, where the foreign corporation and its domestic counterpart are stapled entities. Defines "stapled entities" as any group of two or more entities if more than 50 percent in value of the beneficial ownership in each of such entities consist of stapled interest. Provides rules for determining controlled corporation status and stock ownership of stapled entities, and whether a stapled entity is a real estate investment trust or a regulated investment company. Title VI: Miscellaneous Treasury Administrative Provisions - Amends the Internal Revenue Code to require the submission of reports on domestic international sales corporations and possessions corporations on a biennial basis. Requires the submission of the international boycott report every four years. Revises requirements for determining which taxpayers will be included in the high income taxpayer report. Repeals the $1,000,000 limitation on the working capital fund in the Department of the Treasury. Increases the limitation on the real property redemption revolving fund to $10,000,000 (such fund is used by the Internal Revenue Service in exercising redemption rights upon sale of property on which the IRS has a lien). Authorizes the Secretary to accept gifts and bequests of property for purposes of facilitating the work of the Department of the Treasury. Repeals provisions which require the placing of strip stamps over the neck and cap of distilled spirits containers. Extends the period of court review of IRS jeopardy assessments in cases where the IRS has not been properly notified of court proceedings. Title VII: Tax Court Provisions - Amends the Internal Revenue Code to permit taxpayers to be represented in Tax Court by certified public accountants or enrolled agents (authorized to practice before the Internal Revenue Service) in tax disputes involving $5,000 or less. Increases the maximum annuities receivable by dependent survivors of deceased Tax Court judges from $900 per year per family to $4,644 per year per family. Specifies types of cases which the chief judge of the Tax Court may assign to commissioners, subject to review and final decision by a Tax Court judge. Renames commissioners of the Tax Court as special judges. Empowers the Tax Court to take action necessary to prevent the disclosure of trade secrets and other confidential information. Title VIII: Simplification of Income Tax Credits - Tax Credit Simplification Act of 1983 - Revises provisions of the Internal Revenue Code relating to income tax credits. Groups all credits into nonrefundable personal credits (allowable first against tax liability), foreign tax credit, orphan drug credit and fuel production credit, nonrefundable credits, and business related credits. Combines business credits and the investment tax credit into one general business credit. Establishes the general business credit at 100 percent of the first $25,000 of tax liability and 85 percent of the remaining tax liability. Permits a three year carryback and a 15 year carryforward of unused business credits. Title IX: Repeal of Certain Obsolete Provisions - Repeals provisions of the Internal Revenue Code relating to qualified bond purchase plans and retirement bonds with respect to bonds issued after December 31, 1983. Repeals rules relating to gains from the disposition of property used in farming where farm losses offset nonfarm income.
United States · United States Congress · 6 June 1983
Permits the duty-free entry of the personal effects and the game equipment of foreign participants, officials, and their immediate families who are involved in the XXIII Olympiad.
United States · United States Congress · 6 June 1983
Expresses the sense of the House of Representatives that hospice care is a necessary and humane alternative to traditional health care for the terminally ill.
United States · United States Congress · 12 May 1983
Increases the temporary public debt limit by $989,000,000,000 (currently, $890,200,000,000) until September 30, 1983. Increases the limit on long-term government bonds to not more than $150,000,000,000 (currently, $110,000,000,000).
United States · United States Congress · 3 May 1983
Repeals the Act which created the Saint Lawrence Seaway Development Corporation. Establishes within the Department of Transportation the Saint Lawrence Seaway Development Administration, headed by an Administrator. Requires such Administrator to: (1) operate and maintain the United States portion of the Saint Lawrence Seaway; and (2) conduct plans and studies for improvements to such portion. Authorizes the Administrator to participate with the Saint Lawrence Seaway Authority of Canada in the collection of tolls to be used for bridge and approach repair. Requires the Secretary of State, in consultation with the Secretary of Transportation, to begin negotiations with the Saint Lawrence Seaway Authority of Canada to reduce or eliminate all tolls on the Seaway. Authorizes appropriations for fiscal years after September 30, 1983. Transfers all property and functions of the Saint Lawrence Seaway Development Corporation (the SLSDC) to the Department of Transportation to carry out the functions of the Saint Lawrence Seaway Development Administration (the SLSDA). Requires the SLSDA to assume all functions of the SLSDC.
United States · United States Congress · 27 April 1983
Caribbean Basin Economic Recovery Act - Title I: Duty-Free Treatment - Authorizes the President to proclaim duty-free treatment for all eligible articles from Caribbean countries that the President designates as beneficiary countries. Requires the President to notify Congress before making such a designation. Prohibits the President from terminating such a designation unless both Houses of Congress are notified 60 days before the termination. Requires the President to consider only specified countries and territories as beneficiary countries. Prohibits the President from designating a country as a beneficiary country: (1) if it is a Communist country; (2) if it has nationalized or seized control, or effectively nationalized or seized control, of U.S. property, unless the President determines that a good faith effort is being made to compensate for such seizure; (3) if it fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of U.S. citizens or corporations; (4) if it grants preferential treatment to the products of a developed country other than the United States which may have a significant adverse effect on U.S. commerce, unless the President reports to Congress that certain assurances have been made; (5) if it has a government-owned entity engaged in broadcasting copyrighted material belonging to U.S. copyright owners without their express consent; or (6) unless an extradition treaty exists between the United States and such country. Permits the President to designate as a beneficiary country a Communist country, an expropriating country, or a country that fails to act in good faith with respect to an arbitral award if the President determines and reports to Congress that such designation will be in the national interest. Lists factors the President should consider in determining whether to grant beneficiary designation. Amends the Tariff Schedules of the United States to grant to imports from U.S. insular possessions, subject to specified provisions of this Act, duty treatment no less favorable than the treatment afforded such imports from a beneficiary country. Directs the President to withdraw or suspend a country's beneficiary designation, if the President determines that changed circumstances in such country would prohibit such designation under the guidelines in this title. Requires duty-free treatment to apply to any article imported from a beneficiary country, unless otherwise excluded from eligibility, if: (1) the article is imported directly from such country into U.S. customs territory; and (2) the sum of specified costs of the article is not less than 35 percent of its appraised value at the time of its entry. Directs the Secretary of the Treasury to prescribe regulations governing articles eligible for such duty-free treatment, including the requirement that such articles must be wholly the product of a beneficiary country or must be a new or different article of commerce which has been produced in the beneficiary country. Prohibits this duty-free treatment from applying to: (1) textile and apparel articles which are subject to tariff agreements; (2) certain footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; (3) tuna prepared or preserved in airtight containers; or (4) petroleum or certain petroleum products. Directs the President to suspend duty-free treatment of sugar and beef products that are the products of a beneficiary country if: (1) the beneficiary country, within 90 days of its designation as a beneficiary country, does not submit a Stable Food Production Plan to the President for evaluation; (2) the President determines that the Plan of a beneficiary country does not meet specified criteria; or (3) as a result of the monitoring of the operation of the Plan, the President determines that a beneficiary country is not making a good faith effort to implement its Plan, or that the Plan, although being implemented, is not achieving its purposes. Requires the President, before suspending such duty-free treatment, to offer to consult with the country to formulate appropriate remedial action. Requires the President, biennially, to monitor the operation of the Plans implemented by beneficiary countries and to report to Congress. Sets forth the manner of governing the importation and duty-free treatment of certain sugars, sirups, and molasses. Authorizes the President to suspend the duty-free treatment provided by this title and to proclaim a duty for an eligible article if such action is taken pursuant to certain import relief or national security provisions. Requires the International Trade Commission (ITC), in any report on a petition for import relief under the Trade Act of 1974, to state how its findings and recommendations apply to any duty-free article imported from beneficiary countries. Authorizes the President to reduce or end the application of import relief measures which apply to articles imported from beneficiary countries earlier than otherwise scheduled. Requires the suspension of duty-free treatment provided by this title to be treated as an increase in duty for purposes of the import relief section of the Trade Act of 1974. Prohibits such a suspension of duty-free treatment unless the ITC finds that the harm caused by the imports results from its duty-free treatment by this title. Authorizes the filing of petitions for import relief with the Secretary of Agriculture (Secretary), as well as with the ITC, for injury from imports of perishable products from beneficiary countries. Directs the Secretary to recommend the granting or denying of such petition within 14 days of its filing. Requires the President to take emergency action or to publish a notice of determination not to take emergency action within seven days of receiving the Secretary's recommendation. Sets forth the limits on the duration of the emergency action. Defines perishable products to include certain live plants, certain fresh or chilled vegetables, fresh mushrooms, fresh fruit, and fresh cut flowers. Exempts from proclamations under this title certain fees imposed pursuant to the Agricultural Adjustment Act. Provides for duty-free treatment of articles imported directly from Puerto Rico and the U.S. insular possessions, so long as foreign materials do not account for more than 70 percent of the total value of the articles (or more than 50 percent of the total value with respect to articles excluded from duty-free treatment under the Caribbean Basin Economic Recovery Act). Amends the Tariff Schedules of the United States to increase to five liters (currently, four liters) the amount of duty-free liquor that may be brought into the United States. Provides that not more than four liters, of such five liter limit, may have been produced outside American Samoa, Guam, or the U.S. Virgin Islands. Authorizes the President to withdraw duty-free treatment on rum if the amount of excise taxes on rum that is paid into the treasuries of Puerto Rico and the Virgin Islands falls below the amount that would have been paid if the rum had been produced in Puerto Rico or the Virgin Islands. Amends the Trade Agreements Act of 1979 to repeal the provision for protecting U.S. possessions against revenue losses caused by concessions granted by the United States in the Tokyo Round of the Multilateral Trade Negotiations. Prohibits any action under this title from affecting a tariff imposed by Puerto Rico on coffee imported into Puerto Rico. Exempts from specified sections of the Federal Water Pollution Control Act certain discharges from sources in the U.S. Virgin Islands which are attributable to the manufacture of rum. Requires the ITC to report to Congress and the President on the economic impact of this Act on U.S. industries and consumers during: (1) the two year period beginning with the enactment of this Act; and (2) each year afterwards, until duty-free treatment under this title is terminated. Sets forth assessments that the ITC shall make and factors to be considered in making those assessments. Directs the Secretary of State to prepare a study regarding the feasibility of establishing a Caribbean Trade Institute in New York City. Sets forth factors to be assessed in the study. Terminates duty-free treatment to beneficiary countries under this title after FY 1995. Title II: Tax Provisions - Amends the Internal Revenue Code to require excise taxes on rum imported into the United States to be paid to Puerto Rico and the U.S. Virgin Islands. Authorizes the Secretary of the Treasury to negotiate and conclude an agreement for the exchange of information with any beneficiary country. Requires such exchange to consist of such information as may be necessary to carry out and enforce the tax laws of both the United States and the beneficiary country. Provides that such agreements shall be treated as income conventions for purposes of disclosures of tax return information. Allows a tax deduction for attending a convention held in a beneficiary country, if such beneficiary country has a tax information agreement in effect with the United States.
United States · United States Congress · 19 April 1983
Dedicates the Golden Gate National Recreation Area in California to Phillip Burton. Directs the Secretary of the Interior to inform the public of the contributions of Phillip Burton through the use of signs, maps, and interpretive programs and to establish an appropriate memorial to him within the recreation area. Authorizes appropriations.
United States · United States Congress · 14 April 1983
Expresses the sense of the Congress that the President should take steps to: (1) issue a proclamation commemorating the Ukrainian famine of 1933; (2) issue a warning that the continued enslavement of the Ukrainian nation is a threat to world peace; and (3) convey to the Soviet people U.S. sentiments for the recovery of Ukrainian freedom and independence.
United States · United States Congress · 13 April 1983
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 Commission 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. Authorizes appropriations for site acquisition and preparation in the event nonpublic land is selected for the memorial.
United States · United States Congress · 12 April 1983
Expresses the sense of the Congress that the President should convey U.S. concern for the welfare of Ethiopian Jews and seek ways to assist Ethiopian Jews to emigrate freely.
United States · United States Congress · 16 March 1983
Natural Gas Consumer Relief Act - Title I: Contracting and Marketing Practices - Amends the Natural Gas Policy Act of 1978 to declare a take-or-pay clause of a pipeline contract to be against public policy and unenforceable for a three-year period: (1) to the extent that it requires a pipeline to make any payment with respect to natural gas in excess of 50 percent of the maximum annual volume the pipeline has contracted to take; or (2) if such clause does not entitle a pipeline which makes a payment under such clause to take delivery of the gas during the one year period beginning on the date of payments. Defines "take-or-pay clause" to mean any contract provision which requires payment for the minimum quantity of natural gas contracted for under the contract in the event the pipeline fails to take delivery. Permits a pipeline, in the case of a contract for the first sale of natural gas, to: (1) request the seller to renegotiate the contract; and (2) indicate that, if there is no renegotiation within 30 days of the request, the pipeline will exercise its market-out-option. Permits a pipeline exercising its market out option to refuse delivery without incurring an obligation to pay for any amount of natural gas contracted for if the pipeline in its sole discretion determines that it could not market the gas. Declares any indefinite price escalator clause applicable to the first sale of natural gas to be against public policy and unenforceable. Defines "indefinite price escalator clause" as any provision of any contract which provides for the establishment or adjustment of the price for natural gas delivered by reference to prices for natural gas, crude oil, or any other commodity. Prohibits a pipeline from passing through its costs if the Federal Energy Regulatory Commission (FERC) determines that the pipeline has failed to adopt practices minimizing amounts paid to purchase natural gas. Declares any minimum commodity beill requirement applicable to any sale of natural gas by any interstate or intrastate pipeline to be against public policy and unenforceable: (1) to the extent it requires the purchaser to make any payment with respect to natural gas in excess of 50 percent of the maximum annual volume the purchaser has contracted to take; or (2) if such requirement does not entitle a purchaser who makes a payment under such requirement to take delivery of the natural gas involved subsequent to the date of payment provided under the requirement. Directs FERC to order an interstate pipeline, upon application by a producer of natural gas or by a purchaser of natural gas from a producer, to carry natural gas, for a just and reasonable consideration, between the producer and purchaser if FERC finds that: (1) the pipeline has available capacity; (2) no undue burden would be placed upon such pipeline by reason of the order; (3) construction of new facilities would not be required; and (4) the order would not impair the ability of the pipeline to render adequate service to its other customers. Directs FERC to complete a rulemaking proceeding to issue standards for interstate pipeline tariffs. Directs FERC to require, by rule, a first-sale purchaser of natural gas to file a copy of the contract with FERC. Title II: Wellhead Price Provisions - Revises ceiling price provisions for natural gas. Provides that the ceiling price for categories other than high-cost gas shall be the January 1982 ceiling price multiplied by the monthly equivalent of the modified price adjustment factor. Defines the "modified price adjustment factor" for any month as the lower of: (1) 75 percent of the quarterly percent change in the GNP implicit price deflator (as defined in the Natural Gas Policy Act of 1978); or (2) the percent change in the energy index, computed and published as an annual rate by the Department of Labor, for the most recent month for which such percent change has been so published at least eight days before the beginning of the month for which the modified price adjustment factor is being calculated. Provides that for high-cost gas the maximum lawful price for any first sale shall be 150 percent of the maximum lawful price for categories of gas other than high-cost gas. Provides for an adjusted ceiling price for wells drilled on or after January 1, 1982, and before enactment. Repeals provisions permitting increases in the ceiling price of certain categories of natural gas if just and reasonable. Provides, as a general rule, that the maximum lawful price applies with respect to the recovery of all costs and profits associated with production and first-sale delivery of marketable natural gas. Prohibits the importation of natural gas if the first sale price in the United States of the gas exceeds 150 percent of the maximum lawful price for domestically produced gas. Directs the President to submit to Congress a report on the status of negotiations with Canada regarding modification of the border price for natural gas imported from Canada. Extends price controls and standby authority for two years beyond their present expiration dates.
United States · United States Congress · 9 March 1983
Illinois and Michigan Canal National Heritage Corridor Act of 1983 - Establishes the Illinois and Michigan Canal National Heritage Corridor. Establishes the Illinois and Michigan Canal National Heritage Corridor Commission, which shall administer the corridor. Requires the Commission to: (1) assist the State of Illinois and nonprofit organizations in preservation, treatment, and renovation of canal structures; (2) assist Illinois in establishing and maintaining intermittent recreational trails which are compatible with economic development interests in the corridor; (3) encourage owners of property in or adjacent to the corridor to retain a strip of natural vegetation between recreational trails and development in the corridor; (4) assist in the preservation and enhancement of Natural Areas Inventory prepared by the Illinois Department of Conservation; (5) enhance public awareness and appreciation of the historical, architectural, and engineering structures and the archaeological and geological resources and sites in the corridor; (6) assist in the restoration of historic buildings in the corridor which have economic development potential; (7) assist in the interpretation of the cultural and natural resources of the corridor; (8) assist in the promotion of the corridor resources; (9) encourage enhanced economic and industrial development in the corridor; and (10) ensure that access routes to the canal are identified and that corridor traffic is routed away from industrial access routes and sites. Authorizes the Commission to finance the installation of protective features in the corridor. Requires the Commission to encourage Illinois to ensure that owners and users of property in or adjacent to the corridor will not be subject to excessive liability in connection with activities which affect persons and property in the corridor. Requires the Commission to prepare an economic impact assessment with respect to any major action, including the expenditure of funds, involving capital improvements or the acquisition of real property. Requires the Commission to report annually on its activities to the Governor of Illinois and to the Secretary of the Interior. Sets forth restrictions on the development by the Commission of sites or structures in the corridor and trails along the canal or its towpath. Terminates the Commission ten years after the enactment of this Act. Permits the Commission to extend its own life under certain conditions. Requires the Secretary to: (1) conduct specified inventories; (2) develop a thematic structure for interpretation of the heritage corridor story; (3) design and make interpretive materials; (4) provide feasibility studies for the rehabilitation of at least six historical structures in the corridor; (5) provide brochures on the tax advantages connected with such rehabilitation; and (6) detail to the Commission two Department of the Interior employees. Directs Federal agencies whose activities affect the corridor to consult and cooperate with the Secretary and the Commission. Requires the United States to release to Illinois all Federal interests in real property associated with the canal. Authorizes the release to Illinois of Federal interests in the canal prism and towpath within the Illinois and Michigan Canal State Park for park, recreational, or public purposes. Requires a reversion of such interests if such property is not used for such purposes. Authorizes appropriations to the Commission and the Secretary.
United States · United States Congress · 3 March 1983
Social Security Act Amendments of 1983 - Title I: Provisions Affecting the Financing of the Social Security System - Part A: Coverage - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to provide mandatory coverage under the Old Age, Survivors and Disability Insurance program as of January 1, 1984, for: (1) all Federal employees hired on or after January 1, 1984; (2) the President; (3) the Vice President; (4) all elected officials and political appointees; (5) judges; (6) Members of Congress; and (7) all legislative branch employees who are not participating in the Civil Service retirement System as of December 31, 1983. Provides that salaries of Federal judges under age 70 shall be considered "wages" for purposes of title II. Extends mandatory coverage under the Old Age, Survivors and Disability Insurance program to all employees of nonprofit organizations for service performed after December 31, 1983. Provides that employees of nonprofit organizations who are age 55 or older as of January 1, 1984, shall be considered fully insured individuals under title II if they acquire a specified number of quarters of coverage according to their age. Prohibits the termination of State coverage agreements (under which State and local government employees may be covered under title II) on or after the enactment of this Act. Makes such prohibition applicable to any agreements in effect on the date of the enactment of this Act, notwithstanding pending termination notices. (Currently, coverage under such an agreement may be terminated if the State gives two years' written notice of such intent, following at least five years of coverage of the State or local group involved.) Part B: Computation of Benefit Amounts - Delays the June 1983 cost of living adjustment in OASDI benefits until December 1983. Provides that subsequent cost of living adjustments shall be provided on a calendar year basis beginning in 1984. Requires that the cost of living adjustments to OASDI benefits be based upon the lower of the Consumer Price Index increase or the wage increase percentage, beginning in 1988, whenever the reserves in the Federal Old-Age and Survivors Insurance Trust Fund and in the Federal Disability Insurance Trust Fund fall below a certain amount. Requires the payment of additional benefits to beneficiaries when the reserves in the trust funds have increased above a certain amount. Reduces the old-age and disability benefits of individuals who reach age 62 after 1985 and who are eligible for a pension based on non-covered employment. Increases gradually the delayed retirement credit received by workers who delay retirement beyond age 65. Part C: Revenue Provisions - Amends the Internal Revenue Code to include in gross income the lesser of: (1) one-half of the social security benefits received by a taxpayer during the taxable year; or (2) one-half of the amount by which the sum of a taxpayer's adjusted gross income plus one-half of the social security benefits received by the taxpayer during the taxable year exceeds a base amount. Defines the base amount as: (1) $25,000 for an individual; (2) $32,000 for married persons filing a joint return; and (3) zero for married persons filing separate returns. Defines as "social security benefits" OASDI benefits and tier 1 railroad retirement benefits. Requires the Secretary of Health and Human Services and the Railroad Retirement Board to file information returns indicating: (1) the aggregate amount of benefits paid to any individual during a calendar year; (2) the aggregate amount of benefits repaid by such individual during the calendar year; (3) the aggregate reductions in benefits because of amounts received under a workmen's compensation act; and (4) such individual's name and address. Requires that such information be furnished to the individuals named in the returns. Includes in the gross income of a nonresident alien one-half of any social security benefits received by such individual. Permits the Secretary of the Treasury to disclose return information from the Internal Revenue Service files on the address and status of such a nonresident alien or a U.S. citizen or resident to the Social Security Administration or the Railroad Retirement Board for purposes of withholding tax from social security benefits. Provides for the treatment of social security benefits as income from sources within the United States for purposes of the tax on nonresident aliens. Appropriates to the Federal Old-Age and Survivors Insurance Trust Fund and to the Federal Disability Insurance Trust Fund the revenues generated under this title. Requires that such appropriations be transferred at least quarterly from the Treasury to the trust funds. Requires the Secretary of the Treasury to report to Congress, the Secretary of Health and Human Services, and the Railroad Retirement Board on such transfers. Allows a tax credit in the case of an individual who retires on disability before the close of the taxable year and who, when retired, is permanently and totally disabled. Prohibits the extension of such credit to any nonresident alien. Revises the OASDI tax rates on employees and employers so as to: (1) increase the tax rate for 1984; (2) keep the current tax rate for 1985 through 1987; and (3) increase the tax rate for 1988-1989. Allows a one-time tax credit for the OASDI employee taxes and the tier 1 railroad retirement employee taxes paid during 1984. Increases the OASDI tax rates and the hospital insurance tax rates on self-employment income for taxable years 1989 through 1990. Allows a tax credit for OASDI and hospital insurance taxes paid on self-employment income, beginning in 1984. Amends title II of the Social Security Act to revise the allocations of wages and self-employment income from the Treasury to the Federal Disability Insurance Trust Fund, beginning in 1983. Part D: Benefits for Certain Surviving, Divorced, and Disabled Spouses - Permits the continued payment of OASDI benefits to: (1) surviving divorced spouses who remarry after age 60; (2) disabled widows and disabled widowers who remarry after age 50; and (3) disabled surviving divorced wives who remarry after age 50. Entitles the divorced wife of an individual who is not entitled to old-age or disability insurance benefits, but who is age 62 and is a fully insured individual, to wife's insurance benefits if such divorced wife meets the criteria for entitlement to wife's insurance benefits under title II and has been divorced from the insured individual for at least two years. Makes deductions because of the outside income limitation inapplicable to a divorced spouse's benefits. Provides that the benefits of all other persons entitled to benefits on the basis of an individual's earnings record will be determined as if the divorced spouse of such individual were not entitled to wife's or husband's benefits based on such earnings record. Provides that in the computation of benefits for a surviving spouse of an individual who dies before reaching age 62, such individual's primary insurance amount shall be determined based on the year in which the surviving spouse becomes entitled to benefits if it results in a higher benefit than the current method of determining such amount. Increases OASDI benefits for disabled widows and widowers entitled before age 60 to the level of benefits payable to widows and widowers who become entitled at age 60. Part E: Mechanisms to Assure Continued Benefit Payments in Unexpectedly Adverse Conditions - Amends titles II and XVIII (Medicare) of the Social Security Act to require that OASDI tax receipts and hospital insurance tax receipts be transferred from the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund (as appropriate) monthly on the first day of each calendar month. Sets forth investment requirements for such revenues. Extends until January 1988 the authority for borrowing among the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund whenever the Managing Trustee of the trust funds determines that additional funds are needed to pay benefits from one of the funds. (Currently, interfund borrowing is authorized through December 31, 1982.) Amends title VII (Administration) of the Social Security Act to require the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund to recommend to Congress the statutory adjustments necessary whenever the balance of one of the trust funds becomes inadequate to provide timely payment of benefits. Part F: Other Financing Amendments - Amends title II of the Social Security Act to require the lump sum reimbursement of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund by the Treasury for the cost of past and future benefits attributable to noncontributory military wage credits for service before 1957. Provides for lump sum reimbursement to such trust funds of amounts equal to the OASDI and hospital insurance employee and employer taxes that would have been paid after 1956 and before 1983 if military wage credits were treated as "wages" under title II. Provides for annual reimbursement to such trust funds of amounts equal to the OASDI and hospital insurance employee and employer taxes that would be paid after 1982 if military wage credits were treated as "wages" under title II. Requires the Secretary of the Treasury to credit either the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, as appropriate, for the amount of all benefit checks issued under title II which have not been negotiated within six months after issuance. Title II: Additional Provisions Relating to Long-Term Financing of the Social Security System - Amends title II of the Social Security Act to revise the computation formula for the primary insurance amount to reduce initial benefit levels by approximately five percent by decreasing the percentage factors in such formula by two-thirds of one percent of their present value each year for a period of eight years, starting in the year 2000. Increases the OASDI tax rate for employees, employers, and the self-employed in 2015. Title III: Miscellaneous and Technical Provisions - Part A: Cash Management - Requires the Secretary of Health and Human Services and the Secretary of the Treasury to jointly undertake a study on the maintenance and adjustment of the float periods (time periods) between the issuance of title II benefit checks from the general fund in the Treasury and the transfer of amounts to reimburse the general fund from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, whichever is appropriate. Requires the Secretaries to report their findings to the President and Congress. Provides for the Secretary of the Treasury to adjust procedures with respect to the float periods based upon the study. Amends title II of the Social Security Act to provide that the interest rate on late payments by States pursuant to State agreements for coverage of State and local employees under the Old Age, Survivors and Disability Insurance program shall be: (1) nine percent during the six-month period beginning on January 1, 1984; and (2) an annual rate equal to the average of the annual rates of interest applicable to special obligations issued to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for the six-month period beginning on July 1, 1984, and for subsequent six-month periods thereafter. (Currently, the interest rate on such late payments is six percent per annum.) Amends titles II and XVIII of the Social Security Act to restrict the investment of trust fund assets in the Federal Old- Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund to interest-bearing public-debt obligations of the United States which are issued exclusively for purchase by such trust funds under Federal law. Requires that the annual report to Congress by the Board of Trustees of such trust funds with respect to the operation of the trust funds include an actuarial opinion by the Chief Actuary of the Social Security Administration or by the Chief Actuarial Officer of the Health Care Financing Administration, as appropriate, certifying that the techniques and methodologies used in such report are generally accepted within the actuarial profession and that assumptions and cost estimates are reasonable. Provides that the 1983 annual reports by the Board of Trustees of such trust funds may be filed any time not later than 45 days after the enactment of this Act. Amends title VII (Administration) of the Social Security Act to require that, for FY 1985 through 1987: (1) the disbursements of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund be treated as a separate major functional category in the Federal budget submitted by the President and in the congressional budget; and (2) the receipts of such trust funds be set forth separately in the budgets. Provides that, for FY 1989 or thereafter: (1) the receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund shall not be included in the totals of the Federal budget or of the congressional budget and shall be exempt from general statutory budget limitations imposed on Federal expenditures and net lending; and (2) the disbursements of the Federal Supplementary Medical Insurance Trust Fund shall be treated as a separate major functional category in the Federal budget and in the congressional budget and the receipts of such trust fund shall be set forth separately in such budgets. Part B: Elimination of Gender-Based Distinctions - Enables a divorced man to qualify for husband's insurance benefits under title II on the same basis as a divorced woman may qualify for wife's benefits. (Currently, a man's entitlement to husband's benefits ceases upon his divorce.) Enables a widower to qualify for survivor's benefits based upon a deceased first wife's earnings if he remarries before age 60 but is widowed or divorced from his second wife when he applies for benefits. (Currently, a widower cannot qualify for widower's benefits based on a first wife's earnings if he has remarried.) Permits methods used to establish paternity to be used to establish maternity in order to determine whether an applicant for benefits qualifies as a child of the insured. Enables husbands and widowers of women who have transitional insured status to receive benefits based on their wives' records. (Currently, only wives and widows of men who have such status may receive such benefits.) Equalizes benefit amounts for husbands and wives who both qualify for the special benefits for individuals who reached age 72 before 1968. Extends benefits to a widowed or surviving divorced father while caring for a child. Repeals the requirement that an individual's wife's, child's, widow's, mother's, or parent's insurance benefit entitlement be terminated if such individual marries a person entitled to child's insurance benefits and such person ceases to be so entitled. Permits widowers of veterans to waive payment of a civil service survivor's annuity based on credit for military service which may be used to enable such widowers to qualify for survivor's benefits. (Currently, only widows may waive such payment.) Requires deductions from old age and survivors insurance benefits in the case of husbands or widowers who do not have children in their care. (Currently, deductions from benefits are made only in the case of wives or widows who do not have children in their care.) Part C: Coverage - Amends the Internal Revenue Code and title II of the Social Security Act to permit any American employer to enter into agreements with the Secretary of Health and Human Services to extend OASDI coverage to U.S. citizens or residents employed by foreign affiliates of such employers. (Currently, such coverage may be extended only to U.S. citizens employed by foreign subsidiaries of domestic corporations.) Includes as "employment" for purposes of title II any service which is designated as employment or recognized as the equivalent of employment under an international social security agreement pursuant to which an individual may be entitled to social security benefits based on periods of coverage under both the U.S. social security system and under the social security system of a foreign country. Provides social security coverage for non-resident aliens who are covered under such an agreement. Provides for OASDI coverage of U.S. residents who perform services outside the United States for American employers. Makes the foreign earned income exclusion from gross income inapplicable in the determination of the net earnings from self-employment with respect to a U.S. citizen or resident whose tax home is in a foreign country and who is present in a foreign country or countries for at least 330 full days of a 12-month period. (Currently, such exclusion does not apply in the case of an individual who has been a resident of the United States during the entire taxble year.) Includes as "wages" for purposes of OASDI coverage those payments made to an employee after he or she reaches age 62. Makes the employee contribution to a simplified employee pension taxable for OASDI purposes. Excludes from "wages" for purposes of OASDI coverage employer contributions to a simplified employee pension if, at the time of payment, it is reasonable to believe that the employee will be entitled to a deduction from adjusted gross income for such payment. Prohibits the OASDI coverage of State and local employees in Utah from being affected by any change in the name of an employee group. Revises the effective date for international social security agreements. Provides that with respect to withholding on sick pay of participants in multiemployer plans, such a plan shall be treated as the agent of the employers for whom services are normally rendered. Prohibits the exclusion of employer contributions from "wages" for purposes of OASDI coverage if such contributions are: (1) under a qualified cash or deferred compensation plan; (2) under a cafeteria plan; or (3) for the purchase of an annuity contract. Excludes from "wages" for purposes of OASDI coverage the value of meals or lodgings furnished by or on behalf of an employer if it is reasonable to believe that the employee will be able to exclude such items from gross income. Part D: Other Amendments - Amends title II of the Social Security Act to revise the method for computing maximum insurance benefits. Reduces from 72 to 70 the age beyond which no increases in old age insurance benefits on account of delayed retirement shall be made. Revises the insured status requirements for disability insurance benefit applications. Provides that an acknowledgment, court decree, or court order with respect to illegitimate children of disabled beneficiaries shall be treated as occurring on the first day of the month in which it actually occurs for purposes of determining eligibility for disability benefits. Permits entitlement to widow's and widower's benefits for the month immediately preceding the month of application if the insured individual died in that preceding month. Authorizes the Secretary of Health and Human Services to establish a program under which States voluntarily contract with the Secretary to periodically furnish the Secretary with information on the death certificates filed with them so that necessary corrections may be made to the beneficiary records maintained under the social security program. Permits the Secretary, in the case of individuals whose benefits are provided by a Federal or State agency other than under the Social Security Act, to provide such agency with the corrected beneficiary records from the social security program. Amends title II of the Social Security Act to decrease the amount by which the OASDI benefits payable to a spouse, surviving spouse, or mother must be reduced on account of any monthly benefits which such an individual may receive from a Federal or State pension plan from the full amount of such pension to one-third of the amount of such pension. Establishes the Joint Study Panel on the Social Security Administration, which shall study and report to specified congressional committees on the feasibility and implementation of removing the Social Security Administration from the Department of Health and Human Services and establishing it as an independent agency. Appropriates the funds necessary for the Panel to carry out its functions from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund. Provides for the termination of the Panel and all authority with respect to such Panel 30 days after the Panel files its report. Amends title XVIII of the Social Security Act to revise the effective dates of changes in the monthly Medicare premiums. Title IV: Supplemental Security Income Benefits - Amends title XVI (Supplemental Security Income) of the Social Security Act to provide for a $20 increase in the Federal SSI benefit standard for an individual and a $30 increase in the Federal SSI benefit standard for a married couple. Provides that in order to be eligible for Federal matching funds under title XIX (Medicaid) of the Social Security Act after March 1983, a State cannot reduce the combined level of its supplementary payments and the SSI benefits payable for a particular month below the combined level of such payments and benefits for March 1983 increased by the amount of all cost of living adjustments which have occurred after March 1983 and before that particular month. Permits aged, blind, or disabled individuals living in public emergency shelters for the homeless to receive SSI benefits for up to three months during any 12-month period. Amends title XVI and Part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to exclude from "income" for purposes of the SSI and AFDC programs any support or maintenance assistance furnished to a family based on need, including home energy assistance. Title V: Unemployment Compensation Provisions - Part A: Federal Supplemental Compensation - Amends the Federal Supplemental Compensation Act of 1982 to extend the Federal supplemental compensation program to September 30, 1983. (Currently, the program ends on March 31, 1983.) Sets forth the method for computing the amount which shall be established in Federal supplemental compensation accounts payable to individuals for weeks beginning after March 31, 1983. Provides that the maximum amount of Federal supplemental compensation payable to an individual who received any trade readjustment allowances under the Trade Act of 1974 during a benefit year shall be reduced so that the aggregate amount of such individual's regular compensation, extended compensation, trade readjustment allowances, and Federal supplemental compensation for such year does not exceed the amount which would have been payable to such individual had he or she not been entitled to any trade readjustment allowances. Provides that in the case of an individual who received Federal supplemental compensation and exhausted his or her rights to such compensation before April 1, 1983, such individual's eligibility for additional compensation under this title shall not be affected by any event or failure to meet the requirements relating to unemployment compensation eligibility occurring after the date of exhaustion of rights and before April 1, 1983. Provides for the modification of State agreements under the Federal Supplemental Compensation Act of 1982 to conform with the changes made by this title. Requires the Secretary of Labor to terminate a State's agreement if the State fails or refuses to enter into a modification of such agreement. Part B: Miscellaneous Provisions - Amends the Internal Revenue Code and title III (Grants to States for Unemployment Compensation Administration) of the Social Security Act to provide that no provision under current law shall be construed to prohibit States from deducting an amount from unemployment compensation payable to an individual to pay for health insurance upon the election of the individual. Allows a nonprofit organization which elects to switch from the contribution to the reimbursement method of financing unemployment benefits to apply any accumulated balance in its unemployment account to costs incurred after its election if: (1) the organization did not make such election before April 1, 1972, because as of such date it was treated as a nonprofit organization under the Internal Revenue Code; (2) the Internal Revenue Service subsequently determined that such organization was a charitable organization under the Code; and (3) such organization made the election before the earlier of 18 months after such election was available to it under State law or January 1, 1984. Title VI: Prospective Payments for Medicare Inpatient Hospital Services - Amends title XVIII of the Social Security Act to eliminate the limits on operating costs of inpatient hospital services for cost reporting periods beginning on or after October 1, 1985. Excludes from the term "operating costs of inpatient hospital services": (1) capital-related costs; and (2) costs of approved educational activities. Provides as an additional requirement for a hospital reimbursement control system that the Secretary of Health and Human Services shall determine that the system will not preclude an eligible health care organization from negotiating directly with hospitals with respect to the organization's rate of payment for inpatient hospital services. Prohibits the Secretary from denying a State's application to use a hospital reimbursement control system on the ground that: (1) such system is based on a payment methodology other than on the basis of a diagnosis-related group; or (2) the amount of payments made under such system will be less than payments made not using such system. Sets forth requirements with respect to the methods for projecting the allowable costs of inpatient hospital services under a State hospital reimbursement control system. Requires the Secretary to approve a State's hospital reimbursement control system if: (1) the system is operated directly by the State or a State entity; (2) the system provides for the prospective determination of rates; (3) hospitals under the system will monitor the State's performance; (4) the system will not result in a significant reduction of or refusal to admit patients who cannot pay for hospital services; (5) significant changes in the system will take effect only upon 60 days' notice to the Secretary and hospitals affected; and (6) the State has consulted with local governmental officials on the impact of the system on public hospitals. Provides that these requirements shall be in addition to: (1) current law requirements that a hospital reimbursement system apply to substantially all non-Federal acute care hospitals and to at least 75 percent of hospital inpatient revenues or expenses, provide equitable treatment of all payors, hospital employees, and patients, and not allow expenses under the Medicare system to exceed amounts which would have been incurred without the system; and (2) the requirement under this Act that such a system not preclude a health care organization from negotiating with hospitals over costs. Establishes a method for the payment of hospitals for operating costs of inpatient hospital services on the basis of DRG (diagnosis-related group) prospective rates. Specifies the hospitals to which such method would not apply. Requires the Secretary to establish a classification of inpatient hospital discharges by diagnosis-related groups and a methodology for classifying specific hospital discharges within these groups in order to compute DRG-specific payment rates. Requires the Secretary to make additional payments to hospitals for cases which are significantly different in terms of length of stay or unusual costs from cases within the same diagnosis-related group and for indirect costs of medical education. Requires the Secretary to adjust payment amounts where appropriate in the case of hospitals which serve a disproportionate number of low-income patients, sole community hospitals, and hospitals in Alaska and Hawaii. Requires adjustments for certain inpatient hospital services which were, but are no longer, paid for under part B (Supplementary Medical Insurance) of title XVIII of the Social Security Act. Requires the Secretary to publish yearly in the Federal Register the methods for computing the DRG prospective payment rates for the following fiscal year. Prohibits administrative and judicial review of: (1) certain adjustments in payments made to maintain budget neutrality; and (2) the Secretary's establishment of diagnosis-related groups. Requires that, for FY 1984 and 1985, expenditures under the Medicare system be equal to expenditures under the system before the enactment of this Act. Directs the Secretary to appoint a panel of independent experts to review and report to the Secretary annually, beginning in FY 1986, on hospital costs and on the appropriate increase in payments for hospitals. Requires publication in the Federal Register of the Secretary's final determination of such increase for each fiscal year. Requires the Secretary to maintain through at least September 30, 1988, a system for the reporting of expenses of hospitals receiving payments under this Act. Requires the Secretary to establish a hospital admission and discharge monitoring system. Permits the Secretary to deny Medicare payments or to require a hospital to take corrective actions if such hospital has taken actions which result in inappropriate admissions or unnecessary multiple admissions or other inappropriate medical practices. Prohibits the payment under this title of capital expenditures for inpatient hospital services in a State after three years following the enactment of this Act, unless the State has a capital expenditure review agreement with the Secretary under this Act and has recommended approval of such expenditures pursuant to such agreement. Requires the Secretary to phase out the allowance for return on equity capital for hospitals receiving payments under the DRG prospective rate system. Prohibits Medicare payments for inpatient hospital services not provided by a physician or a hospital unless the services are furnished under arrangements with the entity providing such services made by the hospital pursuant to title XVIII of the Social Security Act. Requires hospitals receiving Medicare payments to maintain an agreement with a utilization and quality control peer review organization under which such organization will review admissions, discharges, and quality of care with respect to Medicare patients. Prohibits such hospitals from charging for inpatient hospital services for which payment is denied because of inappropriate admission or medical practices. Requires that all items and services furnished to a patient of a hospital receiving Medicare payments be furnished only by such hospital or under arrangements made by the hospital. Permits health maintenance organizations which have risk-sharing contracts with the Secretary to elect to have hospital payments made directly to hospitals and subtracted from Medicare payments to be made to the organizations. Requires the Provider Reimbursement Review Board to review complaints with respect to the Secretary's final determination of Medicare payments to hospitals. Requires the Secretary to report to Congress at the end of 1983 on: (1) the method by which capital-related costs associated with inpatient hospital services can be included in the prospective payment amounts computed under this Act; (2) payment with respect to a return on equity capital for hospitals receiving Medicare payments; and (3) the impact on skilled nursing facilities of hospital prospective payment systems and the payment of skilled nursing facilities. Requires the Secretary to report annually to Congress on: (1) the impact of the Medicare payment methodology under this Act on individual hospitals, classes of hospitals, beneficiaries, and other payors for inpatient hospital services; and (2) the impact of computing averages by census division rather than on a national average basis. Specifies particular studies which the Secretary shall include in the annual report to Congress for 1984, 1985, and 1986. Requires the Secretary to modify certain Medicare demonstration projects entered into by States after August 1982, and in effect as of March 1, 1983, so that the projects are not required to maintain the rate of increase in Medicare hospital costs in those States below the national rate of increase in Medicare hospital costs. Expresses the intent of Congress that, in the implementation of a system for including capital-related costs under a prospectively determined payment rate for inpatient hospital services, costs related to capital projects initiated on or after March 1, 1983, may be distinguished from costs of projects initiated before such date.
United States · United States Congress · 2 March 1983
Prohibits the shipment in interstate or foreign commerce of steel jaw leghold traps and articles of fur from animals that were caught in such traps. Sets forth penalties for violations of this Act.
United States · United States Congress · 28 February 1983
Medicare Prospective Payment Rates Act - Amends title XVIII (Medicare) of the Social Security Act to provide that payments for inpatient hospital services shall be made on a prospective basis, except for psychiatric, long term, or childrens hospitals. Bases payments to hospitals not paid on the prospective basis on target amounts. Sets forth a method for determining prospective Medicare payments which shall be based upon the national standard rate per discharge for the diagnosis related group to which that discharge belongs. Permits a Health Maintenance Organization (HMO) or a Competitive Medical Plan (CMP) receiving payments on a risk basis to choose to be reimbursed either on a reasonable cost basis or on a prospective basis for inpatient hospital services furnished to HMO or CMP enrollees. Provides that any reimbursement will be deducted from Medicare payments to an HMO or CMP. States that this Act shall not affect the authority of the Secretary of Health and Human Services to develop, carry out, or continue experiments and demonstration projects. Sets forth conforming amendments and effective dates.
United States · United States Congress · 3 February 1983
Federal Capital Investment Budget Act of 1983 - Amends the Budget and Accounting Act, 1921 to require the President to include with each Budget submitted on or after January 1, 1984, a special analysis for the ensuing fiscal year which shall identify and summarize for each function, category, agency, and program in the Budget the amount of appropriations and expenditures which may be classified as public infrastructure investments. Sets forth other information to be included in such analysis. Requires the President also to include with each Budget, on or after January 1, 1985, a capital investment budget which shall identify by State the amount of appropriations and expenditures classifiable as public infrastructure investments. Declares that any appropriation or expenditure shall be classified as a public infrastructure investment to the extent that it will be used for the construction, rehabilitation, or repair of any civilian public facility in the United States. Amends the Public Works and Economic Development Act of 1965 to require the Economic Development Administration to prepare an inventory of civilian public facilities in the United States and an assessment of their physical condition. Requires the Secretary to make a report of such inventory and assessment to Congress not later than January 1, 1985, and to update such report annually.
United States · United States Congress · 26 January 1983
Authorizes expenditures by the Committee on Ways and Means for the first session of the 98th Congress, including the procurement of consultant services.
United States · United States Congress · 3 January 1983
States that the Strategic Arms Reduction Talks (START) between the United States and the Soviet Union should: (1) pursue a complete halt to the nuclear arms race; (2) decide when and how to achieve a mutual verifiable freeze on the testing, production, and further deployment of nuclear warheads, missiles, and other delivery systems; (3) give special attention to destabilizing weapons; (4) pursue reductions through numerical ceilings and other means; (5) preserve present limitations on nuclear weapons; and (6) incorporate ongoing negotiations in Geneva on land-based intermediate-range nuclear missiles into the START negotiations. Requires that every effort be made to reach common positions with the NATO allies.
United States · United States Congress · 9 December 1982
Caribbean Basin Economic Recovery Act - Title I: Duty-Free Treatment - Authorizes the President to proclaim duty-free treatment for all eligible articles from Caribbean countries that the President designates as beneficiary countries. Requires the President to notify Congress before making such a designation. Prohibits the President from terminating such a designation unless both Houses of Congress are notified 60 days before the termination. Requires the President to consider only specified countries and territories as beneficiary countries. Prohibits the President from designating a country as a beneficiary country: (1) if it is a Communist country; (2) if it has nationalized or seized control, or effectively nationalized or seized control, of U.S. property, unless the President determines that a good faith effort is being made to compensate for such seizure; (3) if it fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of U.S. citizens or corporations; (4) if it grants preferential treatment to the products of a developed country other than the United States which may have a significant adverse effect on U.S. commerce, unless the President reports to Congress that certain assurances have been made; (5) it has a government-owned entity engaged in broadcasting copyrighted material belonging to U.S. copyrighted owners without their express consent; or (6) unless an extradition treaty exists between the United States and such country. Permits the President to designate as a beneficiary country a Communist country, an expropriating country or a country that fails to act in good faith with respect to an arbitral award if the President determines and reports to Congress that such designation will be in the national interest. Lists factors the President should consider in determining whether to grant beneficiary designation. Amends the Tariff Schedules of the United States to grant to imports from U.S. insular possessions, subject to specified provisions of this Act, duty treatment no less favorable than the treatment afforded such imports from a beneficiary country. Directs the President to withdraw or suspend a country's beneficiary designation, if the President determines that changed circumstances in such country would prohibit such designation under the guidelines in this title. Requires duty-free treatment to apply to any article imported from a beneficiary country, unless otherwise excluded from eligibility, if: (1) the article is imported directly from such country into U.S. customs territory; and (2) the sum of specified costs of the article is not less than 35 percent of its appraised value at the time of its entry. Directs the Secretary of the Treasury to prescribe regulations governing articles eligible for such duty-free treatment, including the requirement that such articles must be wholly the product of a beneficiary country or must be a new or different article of commerce which has been produced in the beneficiary country. Prohibits this duty-free treatment from applying to: (1) textile and apparel articles which are subject to tariff agreements; (2) certain footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; or (3) petroleum or certain petroleum products. Directs the President to suspend duty-free treatment of sugar and beef products that are the products of a beneficiary country if: (1) the beneficiary country, within 90 days of its designation as a beneficiary country, does not submit a Stable Food Production Plan to the President for evaluation; (2) the President determines that the Plan of a beneficiary country does not meet specified criteria; or (3) as a result of the monitoring of the operation of the Plan, the President determines that a beneficiary country is not making a good faith effort to implement its Plan, or that the Plan, although being implemented, is not achieving its purposes. Requires the President, before suspending such duty-free treatment, to offer to consult with the country to formulate appropriate remedial action. Requires the President, biennially, to monitor the operation of the Plans implemented by beneficiary countries and to report to Congress. Sets forth the manner of governing the importation and duty-free treatment of certain sugars, sirups, and molasses. Authorizes the President to suspend the duty-free treatment provided by this title and to proclaim a duty for an eligible article if such action is taken pursuant to certain import relief or national security provisions. Requires the International Trade Commission (ITC), in any report on a petition for import relief under the Trade Act of 1974, to state how its findings and recommendations apply to any duty-free article imported from beneficiary countries. Authorizes the President to reduce or end the application of import relief measures which apply to articles imported from beneficiary countries earlier than otherwise scheduled. Requires the suspension of duty-free treatment provided by this title to be treated as an increase in duty for purposes of the import relief section of the Trade Act of 1974. Prohibits such a suspension of duty-free treatment unless the ITC finds that the harm caused by the imports results from its duty-free treatment by this title. Authorizes the filing of petitions for import relief with the Secretary of Agriculture (the "Secretary"), as well as with the ITC, for injury from imports of perishable products from beneficiary countries. Directs the Secretary to recommend the granting or denying of such petition within 14 days of its filing. Requires the President to take emergency action or to publish a notice of determination not to take emergency action within seven days of receiving the Secretary's recommendation. Sets forth the limits on the duration of the emergency action. Defines perishable products to include certain live plants, certain fresh or chilled vegetables, fresh mushrooms, fresh fruit, and fresh cut flowers. Exempts from proclamations under this title certain fees imposed pursuant to the Agricultural Adjustment Act. Provides for duty-free treatment of articles imported directly from Puerto Rico and the U.S. insular possessions, so long as foreign materials do not account for more than 70 percent of the total value of the articles (or more than 50 percent of the total value with respect to petroleum and certain petroleum products). Amends the Tariff Schedules of the United States to increase to five liters (currently, four liters) the amount of duty-free liquor that may be brought into the United States. Requires that not more than four liters, of such five liter limit, may have been produced outside American Samoa, Guam, or the U.S. Virgin Islands. Authorizes the President to withdraw duty-free treatment on rum if the amount of excise taxes on rum that is paid into the treasuries of Puerto Rico and the Virgin Islands falls below the amount that would have been paid if the rum had been produced in Puerto Rico or the Virgin Islands. Amends the Trade Agreements Act of 1979 to repeal the provision for protecting U.S. possessions against revenue losses caused by concessions granted by the United States in the Tokyo Round of the Multilateral Trade Negotiations. Prohibits any action under this title from affecting a tariff imposed by Puerto Rico on coffee imported into Puerto Rico. Exempts from specified sections of the Federal Water Pollution Control Act certain discharges from sources in the U.S. Virgin Islands which are attributable to the manufacture of rum. Requires the ITC to report to Congress and the President on the economic impact of this Act on U.S. industries and consumers during: (1) two year period beginning with January, 1983; and (2) each year afterward, until duty-free treatment under this title is terminated. Sets forth assessments that the ITC shall make and factors to be considered in making those assessments. Terminates duty-free treatment to beneficiary countries under this title after September 30, 1994. Title II: Tax Provisions - Amends the Internal Revenue Code to require excise taxes on rum imported into the United States to be paid to Puerto Rico and the U.S. Virgin Islands. Authorizes the Secretary of the Treasury to negotiate and conclude an agreement for the exchange of information with any beneficiary country. Requires such exchange to consist of such information as may be necessary to carry out and enforce the tax laws of both the United States and the beneficiary country. Provides that such agreements shall be treated as income tax conventions for purposes of disclosures of tax return information. Allows a tax deduction for attending a convention held in a beneficiary country, if such beneficiary country has a tax information exchange agreement in effect with the United States.
United States · United States Congress · 6 December 1982
Highway Revenue Act of 1982 - Amends the Internal Revenue Code to increase the excise tax on gasoline, diesel fuel, and special motor fuels from four cents per gallon to nine cents per gallon. Exempts methanol and ethanol fuels from such tax. Exempts fuels consumed in off-highway business use. Imposes a five cent per gallon tax on gasohol. Taxes gasoline or other fuels used in taxicabs at four cents per gallon. Allows a refund of motor fuel taxes to aerial and other applicators of agricultural substances. Revises the existing manufacturers excise tax on heavy trucks. Excludes from such tax trucks with a gross vehicle weight of 33,000 pounds or less and trailers with a gross vehicle weight of 26,000 pounds or less. Repeals the tax on truck and bus parts and accessories. Terminates the manufacturers excise tax on trucks and buses on April 1, 1983. Imposes a 12 percent retail tax on the sale of heavy trucks and trailers as of April 1, 1983. Revises the highway-use tax for heavy trucks. Exempts trucks with a taxable gross weight of less than 33,000 pounds. Provides for a graduated tax on trucks based on weight beginning at 33,000 pounds. Exempts from such tax trucks used for less than 2,500 miles on public highways. Requires the Secretary of Transportation (in consultation with the Secretary of the Treasury) to conduct a study of alternatives to the highway-use tax on heavy trucks. Repeals the excise tax on tires and tubes except for the tax on heavy truck tires. Increases the tax on tires weighing more than 100 pounds from 9.75 cents per pound to 25 cents per pound. Increases the tax on tread rubber from five cents to 25 cents per pound. Repeals the excise tax on lubricating oil. Treats as a corporation for tax purposes certain motor carrier operating authorities acquired by taxpayers other than corporations. Imposes a floor stock tax on gasoline, tires and tread rubber held by a dealer for sale. Extends for four years until 1988 the Highway Trust Fund (Trust Fund). Transfers statutory authority for such Trust Fund to the Internal Revenue Code. Sets forth administrative provisions for such Trust Fund. Appropriates to such Trust Fund amounts equivalent to the taxes on: (1) diesel fuel and special motor fuels; (2) heavy trucks and trailers; (3) trucks and truck parts; (4) tires and tread rubber; (5) gasoline; (6) lubricating oil; and (7) highway use. Allows expenditures from such Trust Fund for the Federal-Aid Highway Program in accordance with specified authorizations. Establishes within such Trust Fund a Mass Transit Account (Account). Transfers to such account one-ninth of the amounts appropriated to the Trust Fund which are attributable to the excise taxes on gasoline, diesel fuels and special motor fuels. Authorizes expenditures from such Account.
United States · United States Congress · 2 December 1982
Expresses the sense of the Congress that: (1) Americans reaffirm their support for the Polish people; (2) there should be an immediate lifting of martial law, a release of remaining detainees, and a more complete resumption of dialog with Solidarity and the church; (3) an appropriate American response is necessary to reinforce the positive developments in Poland; and (4) such response should embody a policy of positive incentives to the Polish Government to restore to all Polish people their basic rights and to institute economic and political reforms.
United States · United States Congress · 14 September 1982
Highway Revenue Act of 1982 - Amends the Internal Revenue Code to extend for one year from 1984 to 1985 the excise taxes on: (1) diesel fuel and special motor fuels; (2) trucks, buses, etc.; (3) parts and accessories; (4) tires and tubes; (5) gasoline; (6) use of highway motor vehicles; and (7) gasoline used for nonhighway purposes or by local transit systems. Transfers current provisions relating to the Highway Trust Fund to the Trust Fund Code of the Internal Revenue Code. Sets forth rules for the administration of such trust fund.
United States · United States Congress · 28 July 1982
Medicare, Unemployment Compensation, and Public Assistance Amendments of 1982 - Title I: Medicare Changes - Subtitle A: Changes in Benefits and Coverage - Amends title XVIII (Medicare) of the Social Security Act to permit an individual to elect hospice care, in lieu of certain other benefits, during two periods of 90 days each and one period of 45 days during the individual's lifetime. Provides for full reimbursement of reasonable costs to a hospice program, subject to a ceiling. Directs the Secretary to conduct a study of the hospice reimbursement method. Defines hospice care as including certain items and services furnished to the terminally ill in their homes, on an outpatient basis, and on a short term inpatient basis. Directs the Secretary to provide coverage of extended care services which are not post-hospital extended care services under such conditions as the Secretary finds appropriate so long as the inclusion of such services will not increase the total payments made under Medicare and will not alter the acute care nature of such services. Provides for Medicare coverage of, and application of the hospital insurance tax (through amendments to the Internal Revenue Code) to, Federal employees. Subtitle B: Reimbursement and Payment Changes - Prohibits the Secretary from recognizing as reasonable a hospital's costs for inpatient services if the costs exceed 120 percent of the costs of all hospitals in the same group. Authorizes the Secretary to establish percentages of less than 120 for stated periods prior to October 1, 1985, under certain conditions, except that the Secretary may not establish a percentage prior to October 1, 1983, pursuant to such authority. Directs the Secretary to develop a plan to pay hospitals and skilled nursing facilities under a methodology under which rates or amounts paid for inpatient hospital services and extended care services are established prior to the defined rate period. Authorizes the Secretary to provide for payment, with respect to services provided by a hospital in a State, to be made in accordance with an approved State hospital reimbursement control system. Permits an eligible individual to have the right to receive benefits under an Optional Alternative Medicare Program rather than under part A (Hospital Insurance) and part B (Supplementary Medical Insurance) of title XVIII. Defines an "eligible individual" as an individual who is an aged individual or a disabled individual and who is not a Medicaid (title XIX of the Act) eligible individual. Sets forth formulas for determining the amount of benefits provided. Provides for the assignment of an eligible individual's benefits to a qualified plan in the case of an individual who elects the Alternative Program and enrolls in a qualified plan. Directs the Secretary to annually determine the actuarial adjustments to be made for the succeeding plan year in amounts of benefits paid with respect to different classes of eligible individuals. Directs the Secretary to delineate the United States into health care areas. Permits an entity wanting to offer a health plan to apply to the Secretary for certification in one or more health care areas. Requires the Secretary to act upon each health plan's application for certification as a qualified plan within 45 days of receiving the application. Requires a plan, in order to be qualified, to: (1) provide at least the services covered under parts A and B of title XVIII; and (2) accept all eligible individuals residing in the health care area in which the plan is offered and who apply for membership, subject to certain exceptions. Requires a plan to establish for each health care area in which it is offered an annual premium for all members who are eligible individuals. Sets forth reporting requirements for entities offering qualified plans. Excludes, under the Internal Revenue Code, the amount of any benefits received by an individual under the Optional Alternative Medicare Program. Revises provisions relating to payments to and contractual arrangements with health maintenance organizations (HMOs) 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 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 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. Authorizes the Secretary to provide for the reimbursement of an HMO on a reasonable cost basis, if: (1) the Secretary is not satisfied that an HMO can bear the risk of potential losses under an risk-sharing contract; or (2) the HMO elects reasonable cost reimbursement. 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. Directs the Secretary to conduct a study and report to Congress concerning: (1) additional benefits offered by HMOs; and (2) the extent of, and reasons for, the termination by Medicare beneficiaries of their HMO memberships. Prohibits, in the case of a provider of services which is paid on a reasonable cost basis and which has entered into a contract for the purpose of having services furnished for or on behalf of itself, the Secretary from including any cost incurred by the provider under the contract if the amount payable under the contract by the provider for that cost is determined on the basis of a percentage (or other proportion) of the provider's reimbursement or claim for reimbursement for services furnished by the provider. Provides that the provisions of the preceding sentence shall not apply where the amount involved under the percentage contract is reasonable and the contract: (1) is a customary commercial business practice; or (2) provides incentives for the efficient and economical operation of the provider of services. Prohibits reimbursement for an assistant at surgery if the hospital has a training program relating to the medical specialty of the surgical procedure and a qualified individual is on the hospital staff to provide such services, except that payment may be made if: (1) there are exceptional medical circumstances; (2) a team of physicians is needed for complex procedures; or (3) a physician of another specialty is required during surgery. Provides for the imposition of interest charges on overpayments and underpayments to a provider. Prohibits including as reasonable costs: (1) the costs of care by a provider of services pursuant to an assurance, under the Public Health Service Act, that such provider will make available a reasonable volume of services to persons unable to pay for such services; and (2) the cost incurred for activities directly related to influencing employees respecting proposed unionization. Directs the Secretary, with respect to the last 21 days of FY 1983 and 1984, in the case of a hospital which is paid periodic interim payments, to defer such payments until FY 1984 and 1985 respectively. Subtitle C: Miscellaneous Changes - Transfers from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Fund $45,000,000 for each of the FY 1983, 1984, and 1985 for payments to Medicare intermediaries and carriers, to be used exclusively to carry out audits and claims reviews. Extends until December 31, 1983, the period during which the Secretary shall conduct a program which determines the proficiency of health care personnel who do not meet formal educational requirements. Provides that unless regulations relating to access of the books and records of certain subcontractors are published by a certain date, such regulations shall not be retroactive. Makes technical corrections to the Omnibus Budget Reconciliation Act of 1981. Title II: Unemployment Compensation - Subtitle A: Federal Supplemental Unemployment Compensation Program - Federal Supplemental Unemployment Compensation Act of 1982 - Permits States to enter into and participate in agreements with the Secretary of Labor under this Act and to terminate such agreements upon providing 30 days' written notice to the Secretary. Requires that such agreements provide that the State agency will make Federal supplemental compensation payments: (1) to individuals who have exhausted all rights to regular and extended compensation under State law, have no rights to unemployment compensation with respect to a week under State or Federal law, and are not receiving Canadian unemployment compensation with respect to such week; and (2) for any week of unemployment which begins in an extended benefit period and the individual's period of eligibility. Prohibits any Federal supplemental compensation payment to any individual for any week of unemployment which begins more than two years after the end of the benefit year for which rights to regular compensation were exhausted. Makes the amount of Federal supplemental compensation payable to any individual for any week of total unemployment equal to the amount of the regular compensation (including dependents' allowances) payable during the benefit year under the State law. Requires that the amount established in an individual's Federal supplemental compensation account equal the lesser of: (1) 50 percent of the total amount of regular compensation (including dependents' allowances) payable with respect to the benefit year on the basis of which regular compensation was most recently received; or (2) 13 times the individual's average weekly benefit amount for the benefit year. Prohibits payment of Federal supplemental compensation to any individual under an agreement entered into under this Act for any week beginning: (1) before the first week beginning after enactment of this Act or the week following the week in which such agreement is entered into, whichever is later; or (2) after September 30, 1983. Provides for Federal payments to States having agreements for the payment of Federal supplemental compensation. Directs the Secretary to certify from time to time to the Secretary of the Treasury, for payment to each State, the sums payable under this Act. Directs the Secretary of the Treasury, to make such payments by transfers from funds appropriated pursuant to this Act to the account of the State in the Unemployment Trust Fund. Authorizes appropriations from the general fund of the Treasury, without fiscal year limitation, as necessary to carry out this Act. Sets forth provisions relating to fraud and overpayments. Subtitle B: Taxation of Unemployment Compensation - Amends the Internal Revenue Code to reduce the income thresholds limiting the inclusion of unemployment benefits in adjusted gross income for Federal income tax purposes to $12,000 (currently $20,000) for single taxpayers and to $18,000 (currently $25,000) for married taxpayers filing jointly. Increases the wage base for purposes of the Federal unemployment tax from $6,000 to $7,000, effective in 1983. Increases the unemployment tax rate from 3.4 to 3.5 percent, effective in 1983, and to 6.2 percent (a permanent tax of 6.0 percent and an extended benefit tax of 0.2 percent), effective in 1985. Increases the credit which employers receive against such tax to 5.4 percent, effective in 1985. Allows States to make Federal unemployment loan repayments from State trust fund accounts in lieu of further reductions in the credit against unemployment taxes, provided certain requirements are met. Eliminates the additional credit reduction that begins in the fifth year a State is subject to reductions because of outstanding Federal unemployment loans. Amends title IX (Miscellaneous Provisions Relating to Employment Security) of the Social Security Act to direct the Secretary of the Treasury to transfer from the general fund of the Treasury to the extended unemployment compensation account an amount equal to the aggregate interest paid on specified accounts under title XII of such Act (Advances to State Unemployment Funds) received in the Treasury during the preceding calendar month. Permits States with high unemployment to defer interest on Federal unemployment loans. Specifies when repayments should be made from extended unemployment compensation accounts. Amends the Internal Revenue Code to permit the payment of retroactive unemployment compensation benefits to nonteaching, nonresearch, or nonadministrative employees of institutions of higher education who were reasonably assured of employment between school terms (and therefore denied benefits for such period) but upon the commencement of the subsequent term were not offered a position with the institution. Subtitle C: Short-Time Compensation - Short-Time Compensation Act of 1982 - Directs the Secretary of Labor to: (1) develop legislation which may be used by States as a model in developing and enacting short-time compensation programs; (2) provide technical assistance to States to develop, enact, and implement such programs; and (3) study and evaluate the operation, costs, effect on the State insured rate of unemployment, and other effects of such programs. Terminates the guideline and grant provisions of this Act after a three-year experimental period. Encourages States to experiment, but to consider requiring specified provisions to assure minimum uniformity. Defines a "short-time compensation program" as one under which: (1) individuals whose workweek has been reduced by at least ten percent, pursuant to a qualified employer plan, will be eligible for at least a pro rata portion of the unemployment benefits payable if such individual were totally unemployed; (2) eligible employees may apply for and collect short-time compensation or regular unemployment compensation benefits, as needed, but shall not collect more than the maximum unemployment compensation benefit for full-time unemployment or be eligible for short-time compensation for more than 26 weeks in any 12-month period; and (3) eligible employees will not be expected to meet the availability for work or work search test requirement while collecting short-time compensation, but must be available for their normal workweek. Defines "qualified employer plan" as one under which there is a reduction in the number of hours worked by employees rather than total layoffs if: (1) such plan is approved by the State agency; (2) the employer or employers' association which is party to a collective bargaining agreement certifies that the aggregate reduction in work hours pursuant to such plan is in lieu of total layoffs which would result in an equivalent reduction of work hours; (3) the employer continues to provide health and pension benefits to employees whose workweek is reduced under such plan at the same level provided before such reduction; (4) the exclusive bargaining representative (if there is one) of the employees has consented to the plan; and (5) during the previous four months, the work force in the affected unit or units has not been reduced by temporary layoffs of more than ten percent. Requires a State to review, at least annually, any plan put into effect to assure that it continues to meet the requirements of this Act and of any applicable State law. Requires that such short-time compensation benefits be charged in a manner consistent with State law. Directs the Secretary to study State short-time compensation programs and to consult with employee and employer representatives in developing guidelines to measure specified factors. Directs the Secretary to submit a final report to the Congress and the President on the implementation of the short-time compensation program with a program evaluation and recommendations. Title III: Aid to Families With Dependent Children and Child Support Enforcement Programs - Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to increase the "earned income disregards" in the AFDC program. Requires States to disregard the following amounts in determining a family's monthly AFDC benefit: (1) the first $50 of earnings; (2) 20 percent of gross earnings up to $175; (3) child care costs up to $160 per child; and (4) one-third of remaining earnings. (Retains the earned income disregard for earnings of full-or-part-time students who are not full-time employees). Requires States to disregard the earnings of a child in an AFDC family derived from participation in a youth program under the Comprehensive Employment and Training Act (CETA). Repeals the requirement that limits AFDC eligibility to families with income below 150 percent of the State standard of need. Requires that States consider as earned income for AFDC purposes the amount of earned income tax credit received by the person. Requires that States continue to exclude, for purposes of such AFDC earned income determinations, certain State-financed payments to meet certain needs of AFDC children. Requires that Federal AFDC payments to a State shall be made, if a State requests, at such times so as to assure that the amount paid will actually be available before the State makes it expenditures. Permits a State to require that, as a condition of eligibility for AFDC, an individual required to register for the WIN program (Work Incentive Program, part C of title IV) must participate in a program of employment search beginning at the time application for aid is made. Provides that any individual required to look for employment will be furnished with transportation as necessary to participate in an employment search program. Subjects an individual who fails to comply with the search requirements to the same sanctions as are applied under the WIN program. Authorizes a State to charge an application fee under part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to non-AFDC families in cases where the State provides services relating to the collection of support. Permits any costs in excess of any collection fee imposed to be collected: (1) from such individual by deducting such costs from the recovery; or (2) from the parent who owes the support. Reduces Federal funding for States under part D. Requires a member of the uniformed services on active duty to make allotments from his or her pay as support payments whenever such individual has failed to make periodic payments under a support order. Prohibits the making of such allotments until such member has had an opportunity for consultation with a judge advocate or a law specialist. Provides that child support payments collected which would make an AFDC family ineligible shall be paid to the family (instead of the State) in the month following the first month of ineligibility (currently such payments are made to the family beginning with the first month of ineligibility). Title IV: Supplemental Security Income Program - Amends title XVI (Supplemental Security Income) of the Act to provide that an individual's monthly eligibility shall be determined on the basis of the individual's income, resources, and other relevant characteristics in such month. Authorizes the Secretary to redetermine eligibility for and amount of benefits at other times. Phases out "hold harmless" provisions applicable to State SSI supplementary benefits so that by FY 1985 a hold harmless State would be paying for the entire cost of supplementary payments. Adds the value of a burial plot to the items excludable from an individual's resources in determining SSI eligibility. Provides that a State has met the requirement that it pass through Federal SSI cost of living increases if the State does not decrease the State supplementation payment below the level of the previous December.
United States · United States Congress · 23 June 1982
States that the United States and the Soviet Union should begin the strategic arms reduction talks (START), which should have the following objectives: (1) pursuing a complete halt to the nuclear arms race; (2) deciding when and how to achieve and pursue a mutual and verifiable freeze on the testing, production, and further deployment of nuclear warheads, missiles, and other delivery systems; (3) giving special attention to destabilizing weapons; (4) preserving present limitations and controls on current nuclear weapons and delivery systems; and (5) incorporating ongoing negotiations in Geneva on land-based intermediate-range nuclear missiles into the START negotiations. Declares that the United States shall try to reach a common position with the North Atlantic Treaty Organization allies on any agreement that would be inconsistent with existing U.S. commitments to those allies. Declares that the United States shall promptly approve the SALT II agreement if adequate verification capabilities are maintained.
United States · United States Congress · 15 June 1982
Amends the Second Liberty Bond Act to increase the temporary public debt limit by $726,900,000,000 until August 12, 1982. Repeals Public Law 97-49 which provided for an increase in the temporary public debt limit of $679,800,000,000. Permits the Secretary of the Treasury, with the approval of the President, to provide for increases and decreases in the investment yield on any outstanding United States savings bond, except that the investment yield on any bond for the period held may not be decreased below the minimum yield for such period guaranteed at the time of its issuance. Declares that, in the case of any savings bond issued before the 30th day after enactment of this Act, the minimum yield guaranteed for the period held shall be the scheduled investment yield for such period in effect on such 30th day. Increases to $100,000,000,000 the limit on the face amount of bonds issued to the public under the Second Liberty Bond Act.