United States · United States Congress · 24 September 1984
Domestic Food Assistance Act of 1984 - Title I: Food Stamp Program - Amends the Food Stamp Act of 1977 to raise food stamp allotments from 99 to 100 percent of the thrifty food plan. Increases the earned income deduction from 18 to 20 percent. Makes households each of whose members receive Supplemental Security Income (SSI) or Aid to Families with Dependent Children (AFDC) categorically eligible for program participation. States that denial of eligibility or termination of benefits from such programs cannot be a basis for denial of food stamp eligibility or termination of benefits. Increases the resources limitation from $1500 to $2250, and from $3000 to $3500 for the elderly and disabled. Increases the threshold for accounting a vehicle's value against resources from $4500 to $5500. Permits States to stagger coupon issuance. Requires (currently permits) the Secretary to provide for alternative means of coupon issuance if doing so would improve program integrity. Prohibits financial institutions from charging retail food stores coupon redemption fees. Directs States to periodically assess the need to keep food stamp offices open during weekend or evening hours. Makes homeless persons eligible for food stamps. Prohibits appropriations under such Act from being transferred to the Office of the Inspector General of the Department of Agriculture. Requires States imposing a sales tax on food stamp purchases to transfer such revenues to the Secretary of the Treasury within 15 months of the end of each fiscal year. Authorizes States to establish community work experience programs. Title II: Nutrition Surveillance - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to include periodic health and nutrition samplings of vulnerable low income groups in the Department of Agriculture's continuing food consumption survey. Title III: Food Distribution and Emergency Shelters - Authorizes the transfer of specified agricultural commodities to public or nonprofit organizations for low-income assistance. Authorizes military commissaries to donate surplus food to local food banks. Authorizes the Secretary to make grants to States to assist the homeless. Authorizes FY 1984 through 1986 appropriations. Title IV: Effective Dates - Makes the provisions of this Act effective within 45 days after enactment.
United States · United States Congress · 21 September 1984
Space Development Act of 1984 - Provides that activities performed in space for U.S. persons on any spacecraft predominantly used or operated in space and controlled from locations within the United States, articles produced in space primarily for sale or use within the United States upon such spacecraft, and assets used or operated in space upon such spacecraft (including such spacecraft) shall be treated as activities performed, or articles produced, within the United States for purposes of the Internal Revenue Code and the Tariff Schedules of the United States. Amends the Internal Revenue Code to allow an investment tax credit for any tangible personal property which is predominantly used or operated in space and which is either a spacecraft or is used or operated upon such spacecraft. Includes as recovery property eligible as a tax deduction with respect to the recovery cost system any tangible property used in space subject to the allowance for depreciation. Includes in the gross income of a taxpayer certain income derived from commercial activity in space.
United States · United States Congress · 20 September 1984
Urges the Secretary of the Treasury to instruct the Executive Director of the International Monetary Fund to work for the abolition of the Compensatory Financing Facility.
United States · United States Congress · 19 September 1984
Geriatric Manpower Act of 1984 - Amends the Public Health Service Act to authorize appropriations for FY 1986 through 1990 for: (1) internal medicine and general pediatrics training grants; (2) family medicine and general dentistry training grants; (3) grants for start-up assistance and curriculum development to schools; (4) advanced nurse training program grants; and (5) nurse practitioner program grants. Provides, for each authorization of appropriations, that a specific amount shall be available for programs relating to geriatrics. Authorizes appropriations for FY 1986 through 1990 for: (1) training and instruction activities and traineeships and fellowships of the National Institute on Aging; (2) training, instruction, and traineeships relating to the mental health problems and illnesses of the elderly and the care, treatment, and rehabilitation of mentally ill elderly individuals. Amends the Older Americans Act of 1965 to authorize appropriations for training, research, and discretionary projects and programs for FY 1986 through 1990. Sets aside for each year a specific amount for training and instructional activities.
United States · United States Congress · 13 September 1984
Permits a gas utility holding company registered under the Public Utility Holding Company Act of 1935 to: (1) acquire interests in cogeneration facilities; and (2) be exempt from utility rate regulation under the Public Utility Regulatory Policies Act of 1978.
United States · United States Congress · 11 September 1984
Equal Employment Opportunity Enforcement Reorganization Act - Enacts the provisions of the Executive Reorganization Act of 1977 which transfer to the Equal Employment Opportunity Commission (EEOC) all functions of the Department of Labor and the Office of Personnel Management relating to enforcing and administering: (1) the equal pay provisions of the Fair Labor Standards Act; (2) the age discrimination functions of the Age Discrimination in Employment Act of 1967; (3) the equal opportunity in Federal employment provisions of the Civil Rights Act of 1964; and (4) the Federal employment of handicapped individuals enforcement functions of the Rehabilitation Act of 1973. Transfers to the Attorney General any function of EEOC concerning initiation of litigation with respect to State or local government under title VII of the Civil Rights Act of 1964. Abolishes the Equal Employment Opportunity Coordinating Council and transfers its functions to EEOC.
United States · United States Congress · 10 September 1984
Designates the week beginning February 17, 1985, as a time to recognize the contributions of volunteers who give their time to become Big Brothers and Big Sisters to youths in need of adult companionship.
United States · United States Congress · 10 September 1984
Expresses the sense of the Senate that: (1) the Continental Scientific Drilling Program should be implemented through a joint effort by the U.S. Department of Energy, the National Science Foundation, the U.S. Geological Survey, and with private sector participation; and (2) the U.S. Government should cooperate, to the extent practicable, with the international community in developing such program.
United States · United States Congress · 10 August 1984
Declares that amendments to this Act refer to amendments to the Tariff Act of 1930. Amends the Tariff Act of 1930 (the Act) to provide that the burden of persuasion with respect to an allegation made in an antidumping or countervailing duty investigation shall be on the party who has information that would verify or negate such allegation. Directs the International Trade Commission (ITC), in determining material injury or threat of material injury in antidumping or countervailing duty investigations, to consider the cumulative impact of imports of merchandise under investigation when combined with imports of the same class or kind which are subject to similar investigations. Requires the ITC to consider specified factors with respect to its determination of the threat of material injury to a U.S. industry by reason of imports (or sales for importation) of any merchandise. Requires such determination to be made on the basis of real evidence and imminent actual injury. Provides for an extension of time within which the ITC with respect to an antidumping or countervailing duty investigation must make a preliminary determination as to a material injury if: (1) a petitioner makes a timely request for such extension; and (2) the administering authority concludes that such determination is extraordinarily complicated and additional time is necessary to make such determination. (Currently, such determination could be extended if one or the other above conditions existed.) Provides that there shall be no compromises of countervailing or antidumping duty cases by the Secretary of the Treasury. Amends the Trade Agreement Act of 1979 to require the ITC, in cases involving revocation of countervailing duties, not to base a negative determination of potential material injury on any export taxes, duties, or other charges levied on the export of merchandise to the United States specifically intended to offset the subsidy received. Includes in the term "interested party" an association, a majority of whose members is composed of specified interested parties with respect to a like product. Permits the administering authority, under certain conditions, to extend the deadline for a final determination in a countervailing duty investigation to the date of its final determination in an antidumping duty investigation if the antidumping duty investigation was initiated simultaneously with the countervailing duty investigation. Includes in the definition of "subsidy" any export targeting subsidy, upstream subsidy, and domestic subsidy as determined under the provisions of this Act. Defines an "upstream subsidy" as any subsidy, as described in the Act, which: (1) is paid or bestowed by a foreign country upon a product which is used to manufacture merchandise which is already under investigation; (2) results in a price for such product that is lower than its available price in such country; and (3) has a significant effect on the cost of manufacturing or producing such merchandise. Requires, in administering such definition, that an association of two or more foreign countries, political subdivisions, dependent territories, or possessions of foreign countries organized into a customs union outside of the United States shall be treated as one country. Requires the administering authority to adjust the price of merchandise under investigation that is found to be upstream subsidized by the country that produced it. Requires the administering authority to include such upstream subsidy in any countervailing or antidumping duty that is imposed on such merchandise that has been found to have been bestowed a subsidy. Requires that a countervailing duty order shall presumptively apply to all merchandise of the class or kind which have been determined to materially injure U.S. industries and which are exported from the country being investigated, except that differing duties may be imposed if the administering authority determines that there is a significant differential between companies receiving subsidy benefits or if a State-owned enterprise is involved. Requires that the foreign market value of the merchandise under investigation shall be the constructed value of the merchandise if the administering authority determines that the cost to the foreign producer of any foreign material incorporated in the merchandise under investigation is unreasonable. Requires that the cost of such preference or subsidy shall be included in the constructed value of the imported merchandise. Authorizes the administering authority to accept an agreement to restrict the volume of imports of merchandise into the United States (with either the government of the country where the merchandise which is being investigated is produced or with the exporters of such merchandise who account for substantially all the imports of such merchandise) if the agreement will eliminate completely the injurious effect of such imports. Permits the posting of a bond or other security in lieu of the deposit of estimated antidumping duties required under the Act if, among other conditions: (1) a case for import relief has not been designated as extraordinarily complicated or the administering authority's final determination with respect to such relief has not been extended; (2) a party submitting information demonstrates that the weighted average of the amount by which the foreign market value of the merchandise exceeds the U.S. price of the merchandise is significantly less than the amount of such excess specified in an antidumping duty order; and (3) the data concerning the foreign market value and the U.S. price apply to sales in the usual wholesale quantities and in the ordinary course of trade and the number of such sales are sufficient to form an adequate basis for comparison. Sets forth procedures concerning confidential information and written comments from interested parties regarding the posting of such bond. Extends the authority of the Secretary of the Treasury to require the presentation of a valid export license as a condition for the entry of steel products into the United States. Authorizes the imposition of countervailing duties upon merchandise, provided such merchandise meets all the other requirements for the imposition of countervailing duties, which is: (1) sold (or likely to be sold) for importation into the United States; and (2) by reason of sales (or likelihood of sales) of such merchandise imported into the United States. Requires the ITC to make a final determination of whether a U.S. industry is materially injured by reason of sales (or likelihood of sales) for importion of the merchandise with respect to which the administering authority has made an affirmative determination under the Act. Provides that, for purposes of this Act, a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchanside that is equivalent to the sale of such merchandise. Provides that the existence of sales for future delivery of irrevocable offers to sell the merchandise that is the subject of a countervailing or antidumping duty petition may be a basis for an affirmative determination by the administering authority.
United States · United States Congress · 9 August 1984
Authorizes the Special Counsel of the Merit Systems Protection Board to appear as a counsel on behalf of any party in a civil action brought in connection with any function of the Special Counsel and to initiate and prosecute on behalf of any party in any such case an appeal of the decision of any administrative tribunal, U.S. district court, or the U.S. Claims Court. Authorizes any person aggrieved by a prohibited personnel practice to intervene in any administrative or judicial action brought by the Special Counsel under this Act. Entitles any such party appealing an administrative decision to have the facts subject to trial de novo by the reviewing court.
United States · United States Congress · 9 August 1984
Amends the Internal Revenue Code to repeal rules relating to the determination of the issue price of certain debt instruments issued for property. Amends the Tax Reform Act of 1984 to repeal the revisions made to rules for the imputation of interest on certain deferred payments. Provides that the Internal Revenue Code shall be applied and administered as if such revisions had not been enacted.
United States · United States Congress · 9 August 1984
Expresses the sense of the Senate that the President should direct appropriate members of the Administration to: (1) pursue discussions with Canada directed toward resolving problems relating to U.S. imports of Canadian pork; and (2) use all available authorities to protect the economic viability of the U.S. pork industry and to promote free and fair trade.
United States · United States Congress · 9 August 1984
Reaffirms the U.S. commitment to the furnishing of population assistance. Expresses the sense of the Congress that: (1) U.S. policy toward furnishing such assistance should continue; and (2) the President should not deny funds to any multilateral institution or nongovernmental or private and voluntary organization because of their participation in family planning activities that are financed with funds from non-Federal sources as long as those activities are in accordance with U.S. laws.
United States · United States Congress · 8 August 1984
Enterprise Zone Act of 1984 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Provides that State and local governments shall nominate areas for such designation. Limits the total number of designated areas to 75 (25 per year over a three-year period). Requires that at least one-third of such area be in rural areas. Limits the period during which such designations shall remain in effect. Provides that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (within a population of at least 50,000) or 1,000 otherwise, or it is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on December 31, 1988, or three years after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate enterprise zones. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Exempts enterprise zones from certain requirements relating to Federal environmental policy. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $9,000 in wages per year). Phases out such credit in the last three years of the enterprise zone designation. Requires every employer to furnish to each qualified enterprise zone employee a written statement showing the amount of qualified wages paid. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Phases out such credit in the last three years of the enterprise zone designation. Subtitle C: Reduction in Capital Gains Tax - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle E: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act), governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable, foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 8 August 1984
Social Security Cost-of-Living Adjustment Act of 1984 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide a cost-of-living increase in benefits without regard to whether a percentage threshold is met.
United States · United States Congress · 31 July 1984
Amends the Internal Revenue Code to reduce the rate of imputed interest for: (1) the first $250,000 of the sale price of residential property sold by an individual; (2) the first $1,500,000 of the sale price of farm property sold by an individual, partnership, estate or small business corporation; and (3) the first $500,000 of the sale price of real property associated with the sale of a trade or business.
United States · United States Congress · 26 July 1984
Conservation Service Reform Act of 1984 - Title I: Residential Conservation Service - Amends the National Energy Conservation Policy Act to extend until January 1, 1990, the time period within which energy conservation information requirements imposed upon public utilities and home heating suppliers shall apply. (Under current law, such requirements apply through January 1, 1985.) Eliminates requirements that public utilities and home heating suppliers: (1) arrange to have suggested energy conservation measures installed for residential customers; (2) arrange for related loans for such customers; and (3) provide such customers with lists of suppliers and contractors who sell or install energy conservation measures in the area served by the utilities and home heating suppliers and of lending institutions which will offer loans for the installation of such measures. Provides that an application by a utility for an exemption from the requirements under such Act which is pending on the date of the enactment of this Act shall be considered approved unless the Secretary of Energy disapproves it within 30 days after such date. Permits a State or a utility to elect to formulate and certify an alternative residential energy conservation plan in lieu of the residential energy conservation plan required to be approved by the Secretary pursuant to the National Energy Conservation Policy Act. (Permits alternative plans by utilities where an alternative State plan is not in effect or in the case of a nonregulated utility which is not included in a State plan.) Sets forth procedural requirements for the formulation of such an alternative plan. Requires that such an alternative plan: (1) provide general energy conservation suggestions to all residential customers of utilities in the State; (2) provide specific energy conservation information and improvements to customers upon their requests; (3) provide benefits to a specified percentage of residential buildings which did not receive benefits under such Act before such plan became effective; (4) reduce energy consumption by an average of ten percent or more in such residential buildings; (5) benefit low- and moderate-income individuals as well as others; (6) contain adequate procedures for installation of energy conservation measures; (7) prevent unfair, deceptive, and anticompetitive practices affecting commerce; (8) be carried out by the State, utilities within the State, or both (except in the case of a plan being certified by a utility rather than the State); (9) contain rules concerning accounting and payment of costs which are consistent with such Act; (10) provide redress for any injuries resulting from violations of plan provisions; and (11) assure that the utility will not inspect a furnace or install or inspect furnace efficiency modifications without the customer's request in the case of a furnace using a primary source of energy other than that sold by the utility. Requires the State or the utility to certify that its alternative plan has been formulated in accordance with this Act and will be adequately implemented. Sets forth reporting requirements with which the State or utility must comply. Sets forth administrative and judicial proceedings which may be commenced to require the adequate implementation of an alternative plan. Requires the Secretary of Energy to report to specified congressional committees on the residential energy conservation plans required under the National Energy Conservation Policy Act and on the alternative plans described above. Requires the Secretary to disseminate information annually to the States and public utilities providing technical assistance and relating to the most cost-effective energy conservation procedures and devices and the most successful residential energy conservation plans. Provides as an additional requirement relating to the waiver of the prohibition against supply and installation of residential energy conservation measures by public utilities that there be no unfair competitive advantages to the utility seeking such waiver. Prohibits the Governor of a State from supporting the petition of a regulated utility for such a waiver before: (1) the Governor has notified the public of the waiver petition so that interested persons may make comments and the governor has made the same determinations which the Secretary must make in approving such a petition; and (2) the utility makes all relevant information available to the Governor. Revises requirements with respect to the application of the contracting and general exemptions from the prohibition against supply and installation of residential energy conservation measures by public utilities. Sets forth review procedures for such exemptions. Title II: Repeal of Provisions Regarding Commercial Buildings and Multifamily Dwellings - Repeals title VII of the National Energy Conservation Policy Act.
United States · United States Congress · 29 June 1984
Amends the Trade Act of 1974 to require the International Trade Commission (ITC), when determining whether increased imports have resulted in a serious injury to a competing domestic industry, to take into account any significant increase in the share of total imports attributable to domestic producers in the industry. Requires the ITC, when determining whether increased imports constitute a threat of serious injury to a competing domestic industry, to take into account an upward trend in imports attributable to domestic producers. Requires the ITC, when determining whether imports are a substantial cause of serious injury to a competing domestic industry, to take into account an increase in imports and a decline in the proportion of the domestic market supplied by domestic producers regardless of whether the imports are attributable to domestic producers in the industry. Requires the ITC, in determining the domestic industry producing an article like or directly competitive with an imported article, to treat as part of the domestic industry only the domestic production of a domestic producer which also imports. Defines the term "significant idling of productive facilities" to mean a decline in domestic production, the closing of plants, or the underutilization of production capacity. Prohibits the ITC, from taking into account in determining whether increased imports are a substantial cause of or a threat of serious injury to a competing domestic industry: (1) the probable effectiveness of import relief and consideration of the position of the industry in the U.S. economy; (2) the effect of import relief on consumers and on competition in the domestic markets for such articles; (3) the effect of import relief on U.S. international economic interests; or (4) the effect on U.S. industries and firms of tariff changes or other import restrictions which may result from international obligations with respect to compensation. Declares that an ITC finding that a significant number of domestic firms operate at a reasonable level of profit or that the profits of the domestic industry are not in a downward trend shall not preclude an ITC determination that increased imports are a substantial cause of or threat of serious injury to such domestic industry. Requires that the importation of any articles by domestic producers in an industry shall be a factor supporting the existence of or the threat of serious injury to such industry.
United States · United States Congress · 26 June 1984
Reaffirms that it is U.S. policy to oppose the practice of torture by foreign governments through the implementation of laws and through public and private diplomacy. Expresses the sense of the Congress that the President should: (1) instruct the U.S. representative to the United Nations to continue to raise the issue of torture by such governments; and (2) continue to involve the U.S. Government in the formulation of international standards and the implementation of the draft Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Requests the Secretary of State to issue specified formal instructions to each U.S. mission chief regarding U.S. policy with respect to such torture. States that the Secretary of Commerce should continue to enforce the current restrictions on the export of crime control equipment pursuant to the Export Administration Act of 1979. Directs the heads of U.S. departments that furnish military and law enforcement training to foreign personnel to include in such training instruction regarding international human rights standards with respect to torture.
United States · United States Congress · 20 June 1984
Designates August 1, 1984, as Helsinki Human Rights Day. Authorizes and requests the President to issue a proclamation reasserting the American commitment to full implementation of the human rights and humanitarian provisions of the Helsinki Accords. Requests the President to raise the issue of noncompliance with such provisions with the Soviet Union and Eastern European countries at every available opportunity.
United States · United States Congress · 20 June 1984
Congratulates and commends the USA Philharmonic Society for its work on behalf of the Nation's young musicians and its commitment to furthering better understanding among peoples of all nations through the language of music.
United States · United States Congress · 19 June 1984
Amends the Securities and Exchange Act of 1934 to make it unlawful for an issuer to purchase any of its securities at a price above the market from any person who holds more than three percent of the class of the securities to be purchased, and has held them for less than two years, unless: (1) such purchase has been approved by an affirmative vote of a majority of the issuer's aggregate voting securities; or (2) the issuer makes an offer to acquire, of at least equal value, to all holders of securities of such class and to all holders of any class into which such securities may be converted. Prohibits any issuer of registered securities from engaging in any transaction in comtemplation of effecting, or of defending against, a change in control of the issuer that is not prudent for the issuer and fair to the issuer's shareholders. Permits the Securities and Exchange Commission or any shareholder of an issuer to bring a suit in the proper district court to enjoin any such change-in-control transaction and for other appropriate equitable relief.
United States · United States Congress · 14 June 1984
Amends the Federal criminal code to define "armor piercing ammunition." Excludes from the definition: (1) shot gun shot required by Federal or State regulations for hunting; (2) frangible projectiles for target shooting; and (3) projectiles that the Secretary of Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor piercing ammunition. Allows for: (1) the manufacture or importation of armor piercing ammunition for the use of the United States or any State or local government; and (2) manufacture for the sole purpose of exportation. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor piercing ammunition. Imposes an additional mandatory sentence of not less than five years for any person who uses or carries a firearm and is in possession of armor piercing ammunition during the commission of a violent felony. Provides that such sentence shall not be suspended nor probation nor parole granted.
United States · United States Congress · 13 June 1984
Medicare Incentives Reform Act - Adds a new title XXI to the Social Security Act entitled "State Health Care Efficiency Programs." Authorizes the chief executive officer of any State to apply to the Secretary of Health and Human Services for the approval of a health care efficiency plan for that State. Authorizes the Secretary to approve a State plan for an initial period of up to 36 months. Requires the Secretary to approve a plan if the plan meets the requirements set forth below. Permits a plan to be designed in a manner that meets certain general requirements through a ratesetting system, a voluntary system, or through the use of competitive mechanisms. Permits a plan to be designed to meet such requirements through different systems for different areas for hospitals within a State. Requires all plans to meet the following general requirements: (1) the rate of increase in the total revenues for inpatient hospital services for all hospitals in the State must be limited as specified; (2) the total amount paid under Part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act for inpatient hospital services and for capital-related costs of inpatient hospital services must be limited as specified; (3) the plan must have a mechanism for providing fair hearings for hospitals and any other entities aggrieved by determinations made under the plan; (4) the plan must assure that hospitals continue to meet Federal and State certification standards for quality of care; (5) the plan must provide for a method of assuring that hospitals do not engage in an admissions practice that results in either the refusal to admit a patient because the patient is unable to pay for inpatient hospital services provided by the hospital or the refusal to provide emergency services to any person who is in need of emergency services; (6) the plan must provide for a method of allocating among the hospitals in the State the amount payable under part A of title XVIII with respect to the capital-related costs of inpatient hospital services; (7) the plan must provide for a program of hospital utilization control with respect to all inpatient hospital services for which payment is made under part A of title XVIII; (8) the plan must provide that unreimbursed costs incurred by hospitals in providing inpatient hospital services to low-income patients who are uninsured or underinsured shall be paid through distribution of funds pooled at the statewide level or through another method approved by the Secretary; (9) the plan must provide for such reports to the Secretary as the Secretary may require; and (10) the plan must permit eligible organizations in the State to negotiate directly with hospitals with respect to the rate of payment for inpatient hospital services provided by such organizations. Provides that, to the extent that the plan provides for meeting such general requirements through a system which provides for the establishment of rates for hospital reimbursement for inpatient hospital services by an entity other than the hospital, the plan must meet the following additional requirements: (1) except as otherwise provided in this paragraph, the plan must be designed and administered in a manner that provides equitable treatment of all entities that pay for inpatient hospital services under the plan, of employees of hospitals, and of patients receiving such services; (2) if the plan is established under State law, the plan must take into account the proportion of costs associated with, and services covered by, the different payors, including payments under titles XVIII and XIX (Medicaid) of the Social Security Act, and may not permit undue shifting of proportions of costs among the different payors; (3) the plan may not make available any price discount to any purchaser unless the discount reflects both the measurable economic benefits to that hospital resulting from a service or reimbursement arrangement with that purchaser and the discount is made available to all other purchasers who can satisfy such service or reimbursement arrangement; and (4) the plan must provide a procedure whereby, upon the request of a hospital, an adjustment can be considered to the rate limitation applicable under the plan to that hospital to reflect changes in services available, a major renovation, funds necessary to operate certain sole community hospitals, and higher expenses associated with the special needs of certain hospitals, but only if any change due to which the adjustment is sought is not inconsistent with any applicable approved State health plan. Permits a health care efficiency plan approved for any 12 month period beginning after June 30, 1988, to include a program limiting the amounts payable by all payors for physician's services provided in such State during such period. Authorizes such program to employ a relative value scale and a fee schedule for such services or an alternative method for constraining the costs of physicians' services approved by the Secretary. Requires a plan imposing limits on the amounts payable with respect to physicians' services to be designed to provide that, for any 12 month period for which the plan is in effect, the total amount paid under part B (Supplementary Medical Insurance) of title XVIII for physicans services may not exceed the total amount paid to all physicians in a State for such services under part B during the 12 month period immediately preceding the first 12 month period for which the plan is in effect, increased or decreased according to a formula which takes into account the Consumer Price Index. Directs the Secretary, in reviewing a plan, if it provides for controlling the costs of inpatient hospital services through a competitive mechanism, to take into account the degree to which the plan provides for either the following or for other measures to improve price competition among providers: (1) the plan provides for the establishment of one or more open enrollment periods; (2) the plan provides for the dissemination of information concerning different health plans to individuals eligible to enroll with the health benefits plans; (3) the plan encourages innovation and public incentives to new forms of health care delivery and financing; (4) there are negotiated prices and risk-sharing between insurers and health care providers; and (5) the laws of the State do not impose legal barriers to competition in negotiated and other arrangements among insurers and health care providers. Directs the Secretary to annually review the compliance of each plan approved under this Act with the applicable requirements of this Act. Provides that in the case of any State with a plan approved for any 12 month period: (1) the Medicare hospital payment provisions shall not apply to hospitals in the State; (2) the Secretary shall waive limitations imposed under part A (Hospital Insurance) of title XVIII upon the amount, and manner, of payment to such hospitals under such part for inpatient hospital services; and (3) for purposes of making payments to such State under title XIX (Medicaid) of the Social Security Act, the Federal medical assistance percentage for such State shall be 102 percent of the amount of such percentage as otherwise determined. Provides that if the plan imposes limitations on the amounts payable with respect to physicians' services for such 12 month period: (1) the provisions of this Act providing for fee schedules for physicians' services under part B of title XVIII shall not apply; (2) the Secretary shall waive limitations imposed under part B upon the amount, and manner, of payment to physicians under part B for physicians' services; and (3) notwithstanding clause (3) of the previous sentence, for purposes of making Medicaid payments to such State, the Federal medical assistance percentage for such State shall be 103 percent of the amount of such percentage as otherwise determined. Directs the National Center for Health Services Research of the Department of Health and Human Services to develop and implement a program for educating and advising State officials, business groups, and other payors with respect to the alternative approaches available to States desiring to establish a health care efficiency plan. Amends the Medicare inpatient service hospital payment provisions to limit the increase in hospital costs to the increase in the market basket of hospital costs. Revises the Medicare provisions concerning inpatient hospital service payments made on the basis of prospective rates. Provides that if the total number of discharges of individuals entitled to benefits under part A of title XVIII for all hospitals in a medical service area during a 12 month period exceeds the sum of the adjusted base number of discharges for all such hospitals in such area for such period then the Secretary shall make adjustments in the payments to a hospital as necessary to provide that, to the extent that the number of part A beneficiaries discharged from a hospital exceeds the adjusted base number of discharges, the payments per discharge to such hospital shall be equal to 50 percent of the payments per discharge otherwise provided. Permits the Secretary to make higher payments in certain instances. Sets forth the method for determining the adjusted base number of discharges for a hospital. Directs the Secretary, on or before January 1, 1986, to: (1) determine the diagnosis-related groups within which the greatest number of hospital discharges for which payment may be made on the basis of prospective rates are classified during the 12 month period ending September 30, 1985; (2) rank such groups according to the degree of variation among hospital service areas in a State in the percentage of individuals entitled to part A benefits who are discharged from a hospital during such period and classified within such group; and (3) disseminate information with respect to the determinations and rankings. Provides that by the 12 month period beginning January 1, 1991, and for each 12 month period thereafter, the maximum number of discharges for a State for a diagnosis-related group shall be reduced by a number that equals five percent of the total number of discharges for which payment was made during FY 1985. Authorizes the Secretary to increase the maximum number of discharges if the health status of part A beneficiaries in a State warrants such increase. Provides that reimbursement for discharges above the maximum permitted level shall be equal to 50 percent of the amount otherwise payable. Provides for payment to a hospital paid on the basis of prospective rates, with respect to inpatient hospital services, an additional amount related to capital costs. Sets forth the method for determining such amount. Provides that a hospital shall be qualified to participate in Medicare only if it provides that every physician who is on the medical staff of the hospital and who furnishes services for which payment may be made under part B of title XVIII to inpatients of the hospital enters into an agreement under which the physician agrees not to impose any charge or receive payment for any physicians' services which are provided to any part B inpatient, except on the basis of an assignment. Directs the Secretary, in setting the prevailing charge levels for physicians' services for the 12 month period beginning July 1, 1985, not to set such level any higher than was set for the period beginning July 1, 1984. Directs the Secretary, in setting the prevailing charge levels for such services for periods beginning after June 30,1986, to treat the level set under the previous sentence as having fully provided for the economic changes that would have been taken into account but for such limitation. Directs the Secretary to annually compile information on physicians accepting assignments for outpatients and to make such information available on a local basis. Directs the Secretary to annually publish a list, which shall be available on a local basis, of all physicians who have agreed to accept payment on the basis of an assignment. Directs the Secretary to develop and conduct a nationwide multimedia program to inform individuals of the nature of assignments. Requires each carrier having an assignment with the Secretary to maintain a toll-free telephone number at which Medicare enrollees can obtain the names and addresses of physicians who have agreements with the Secretary. Prohibits, as of July 1, 1988, payment under part B of title XVIII for a physician's services unless the physician has entered an agreement to accept assignments on Medicare claims. Requires the Institute of Medicine of the National Academy of Sciences, or another appropriate nonprofit private entity selected by the Secretary, to develop a relative value scale for physicians' services and to submit a report to the Secretary and the Congress with respect to such relative value scale. Requires, in developing the relative value scale, primary consideration to be given to the relative time necessary to provide a service. Provides that consideration shall also be given to other factors, including the: (1) investment in training; (2) effort and degree of skill necessary to provide the service; (3) efficacy of the services; and (4) overhead and personnel expenses associated with providing the service. Requires the Secretary to enter into a contract with the Institute to develop the relative value scale and to submit the required report. Directs the Secretary, taking into account the factors set forth in the previous paragraph and the report, to establish, by July 1, 1988, a relative value scale for physicians' services, assigning to each such service a weighting factor that reflects the value of such service compared with the value of all other physicians' services. Requires the Secretary to adjust the scale from time to time. Directs the Secretary to establish for each carrier service area for each 12 month period beginning after June 30, 1988: (1) a fee schedule for physicians' services for which payment may be made under part B that are provided in urban areas; and (2) a fee schedule for such services under such part provided in rural areas. Requires the Secretary to adjust the fee of each service to assure that the total amount payable under part B for physicians' services provided in a carrier service area does not exceed the cap amount for the area. Defines the terms "cap amount", "urban area," and "rural area." Directs the Secretary, notwithstanding the two immediately preceding paragraphs, to establish a separate fee schedule for physicians' services provided during any 12 month period beginning after June 30, 1988, in a State or tertiary medical service area for which a physicians' services agreement is in effect. Sets forth the method of determining such fee schedule. Defines the term "physicians' services agreement" to mean, with respect to any State or tertiary medical service area, an agreement entered into by the Secretary and a qualified physicians' services organization for a State or tertiary medical service area which provides that: (1) no payment will be made under part B for physicians' services by a physician who is not a member of such an organization; (2) total part B payments for a 12 month period during which the agreement is in effect will not exceed an amount which is equal to or less than the cap amount for such State or tertiary medical service area; (3) the Secretary will pay a physician under part B 100 percent of the established fee and collect any deductible; (4) the fee schedules shall be established in accordance with a relative value scale; (5) the Secretary will adjust, as specified in an agreement, the amounts paid during any 12 month period for physicians' services with respect to which the Secretary estimates that total payments under part B will, unless such adjustments are made, exceed the cap; and (6) in the case of a first agreement, the agreement will be for at least 36 months. Defines the term "qualified physicians' services organization." Permits an agreement to be terminated prior to its expiration date by either the Secretary or an organization, provided certain conditions are met. Provides that the fee established with respect to any physicians' service provided in an urban or rural area of a carrier service area, State, or tertiary medical service area during a 12 month period after June 30, 1988, and before July 1, 1991, shall equal: (1) during the 12 month period beginning July 1, 1988, an amount equal to the sum of 66 2/3 percent of the reasonable charge and 33 1/3 percent of the established fee; (2) during the 12 month period beginning July 1, 1989, an amount equal to the sum of 50 percent of the reasonable charge and 50 percent of the established fee; and (3) during the 12 month period beginning July 1, 1990, an amount equal to the sum of 33 1/3 percent of the reasonable charge and 66 2/3 percent of the established fee. Permits the Secretary to make agreements with any organization of physicians which will accept fees less than the established fees. Permits the Secretary to limit the amounts paid for physicians' services under certain conditions. Provides that payment under part B of title XVIII shall be 100 percent of the established fee in the case of physicians' services, except for specified services. Directs the Secretary to: (1) in the case of a State or tertiary medical service area for which a physicians' services agreement is in effect, pay 100 percent of the fee otherwise payable under part B for a physicians' service; and (2) collect the deductible. Limits the deductible: (1) under part A of title XVIII to $200 a year; and (2) under part B of title XVIII to $200 a year. Eliminates copayments. Provides that such deductible shall annually reflect changes in the Consumer Price Index. Eliminates limitations on the length of inpatient hospital stays. Directs the Secretary to annually establish a monthly actuarial surcharge amount for both parts A and B Medicare enrollees to defray increased costs under such parts. Amends the Internal Revenue Code to double the excise taxes on tobacco products. Provides that the additional taxes imposed by the preceding sentence shall be deposited in the Federal Hospital Insurance Trust Fund. Amends National Housing Act provisions relating to mortgage insurance for hospitals to require that preference in providing assistance shall be given to hospitals with limited access to capital markets and hospitals providing a substantial amount of unreimbursed care. Transfers authority over the hospital mortgage insurance program from the Secretary of Housing and Urban Development to the Secretary of Health and Human Services. Creates the Hospital Mortgage Insurance Fund to be used as a revolving fund by the Secretary in carrying out such program. Directs the Secretary to submit a report to Congress concerning hospital utilization control under Medicare. Directs the Secretary to conduct demonstration projects for carrier service areas or tertiary medical service areas with respect to: (1) making a single payment under part B of Medicare for all physicians' services that are closely related to a particular medical procedure or are provided during a single hospital stay; (2) making such payment to either the hospital or physician; and (3) negotiating area-wide caps on the total amount payable under part B for physicians' services provided during a specified time period.
United States · United States Congress · 13 June 1984
Great Lakes Preservation Act of 1984 - Establishes within the National Oceanic and Atmospheric Administration the Great Lakes Research and Management Office to be headed by a Director. Requires as responsibilities of the Office the following: (1) identifying Federal and State research programs relating to the Great Lakes system on an annual basis; (2) establishing a Great Lakes research exchange; (3) identifying priority Great Lakes research; (4) conducting appropriate current Great Lakes research and monitoring activities; (5) establishing a Great Lakes water quality monitoring system, with specific emphasis on toxic pollutant levels; (6) developing the long term, comprehensive environmental, resource, and economic data bases required for assessing impacts of proposed decisions on the environmental health, productivity, and economic well-being of the Great Lakes; (7) conducting an inventory of all State, Federal, and international agencies with management responsibilities for the Great Lakes system, and updating such information annually; (8) identifying priority management needs to protect and rehabilitate the Great Lakes and their resources, and developing management plans where needed; (9) developing an annual report on the state of the Great Lakes; (10) actively promoting the adoption and execution of the management and rehabilitation plans; (11) serving as the source of issues which the Federal Government refers to the International Joint Commission for study; and (12) hosting a meeting (not less often than annually) for officials of State and Federal agencies involved with the Great Lakes. Requires the Administrator, in the agency's annual budget submission to Congress, to include a funding request for the Office as a separate budget line item. Allows the Administrator to provide financial assistance in the form of grants or contracts for research, monitoring, and planning projects and activities necessary to address Great Lakes priorities. Allows any person, higher education institution, or Federal, State, or local agency or department to apply for such assistance. Requires the Administrator to act upon each grant or contract application within six months of its receipt. Permits the grant to cover, in the discretion of the Administrator, up to 100 percent of the total project cost. Requires each recipient of such financial assistance to keep full and accurate financial records. Requires such records to be maintained for three years after the completion of such project or activity. Allows access to such records for audit and examination by the Administrator and the Comptroller General. Directs the head of each department or agency of the Federal Government which is in any way connected with the enhancement of the Great Lakes to: (1) cooperate fully with the Administrator and the Director;(2) make available such personnel, services, or facilities as may be necessary to assist the Administrator or Director in their purpose; and (3) furnish, upon written request, such data or information deemed necessary by the Administrator or the Director. Directs the Administrator of the Environmental Protection Agency, the Chief of Engineers of the Army, the Chief of the Soil Conservation Service, the Commandant of the Coast Guard, and the Director of the Fish and Wildlife Service to each submit annual reports to the Administrator regarding their efforts to comply with the Water Quality Agreement of 1978 and with recommendations made by the Office. States that this Act does not affect the jurisdiction or powers of any Federal or State department or agency or international bodies created by treaty with authority relating to the Great Lakes. Authorizes appropriations to the Administration for FY 1985-1989.
United States · United States Congress · 12 June 1984
Expresses the sense of the Senate that: (1) the Administration should continue to oppose the imposition of restrictions by the European Community (EC) on imports of nongrain feed ingredients and corn gluten as a means to shift to other countries part of the cost of its domestic agricultural policies; and (2) imposition of a consumption tax on vegetable oils and fats by the EC would restrain trade and violate the tariff bindings in the General Agreement on Tariffs and Trade on soybeans and soybean products. States that if EC action is taken to inhibit the importation of such products, then the United States should restrict EC imports by the same proportion of reduced U.S. export products.
United States · United States Congress · 8 June 1984
Medicare and Medicaid Patient Protection Act of 1984 - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to exclude from participation in programs under title XVIII (Medicare) of the Act, and to direct State agencies to exclude from participation in programs under title XIX (Medicaid) of the Act, title V (Maternal and Child Health Block Grant) of the Act, and title XX (Block Grants to States for Social Services) of the Act, for a period of not less than five years, any individual or entity that has been convicted of a criminal offense related to such individual's or entity's participation in the delivery of items or services under title XVIII or any such State health care program. Authorizes the Secretary to exclude from participation in Medicare and to direct State agencies to exclude from participation in such State health care programs: (1) any individual or entity convicted of any financial abuse or abuse of patients in connection with the delivery of health care items or services in any publicly operated or financed program; (2) any individual or entity convicted of unlawful manufacture or distribution of a controlled substance; (3) any individual who has had his or her health care license revoked or suspended; (4) any individual suspended or sanctioned under any Federal program involving the provision of health care; (5) any individual or entity that the Secretary determines has knowingly made any false statement in an application for payment under Medicare or a State health care program; (6) any entity whenever the Secretary determines that any person with an ownership or controlling interest in that entity or a managing employee of that entity is a person who has been convicted of specified health care related crimes, fined for specified health care abuses, or denied payment pursuant to this Act; or (7) any individual or entity which fails to supply certain information. Entitles any individual or entity excluded from participation to a hearing. Directs the Secretary to promptly notify each appropriate State agency administering or supervising the administration of a State health care program of the fact and circumstances of each exclusion and of the period for which the State agency shall exclude the individual or entity from health care program participation. Permits the Secretary to waive the requirement to exclude an individual or entity from participation if a waiver request is received from the State. Directs the Secretary to notify the appropriate State or local licensing authority of the fact of an individual's or entity's exclusion. Permits reinstatement of an individual or entity if there is no basis for continuing the exclusion. Requires a State, under title XIX of the Act, to supply the Secretary information with respect to any health care practitioner or entity against whom a formal proceeding is undertaken by a State licensing authority. Requires each State having a plan approved under title XIX of the Act to have in effect a system of reporting under which the State agency administering Medicaid reports in a timely manner to the Secretary any proceeding commenced against a health care practitioner or entity and any results of such proceedings. Directs the Secretary to maintain a central information system on all such proceedings. Authorizes the Secretary to release information from the system to a State if such information may be useful to the State in determining the fitness of an individual to provide health care services. Establishes as the criminal penalties for violations of this Act the penalties set forth under title XIX of the Act. Sets forth civil penalties. Requires any health care provider providing health care services for which payment may be made under the Act to assure that services or items furnished: (1) will be provided economically and only when, and to the extent, medically necessary; (2) will be quality services which meet professionally recognized standards of health care; and (3) will be supported by evidence of medical necessity and quality in such form and fashion and at such time as may reasonably be required by a reviewing peer review organization in the exercise of its duties and responsibilities. Amends the Controlled Substances Act to permit the Attorney General to suspend or revoke a registration to manufacture, distribute, or dispense a controlled substance upon a finding that the registrant has been excluded from participation in the Medicare program pursuant to the provisions of this Act. Authorizes the Secretary to give an individual or entity six months to correct any deficiencies in meeting the requirements of this Act in any case in which an individual or entity must obtain certification for participation in the programs covered by this Act and such deficiencies do not immediately jeopardize the health and safety of patients.
United States · United States Congress · 7 June 1984
Expresses the sense of Congress that copyright protection is essential for computer software and lack of such protection or the use of other legal protections incorporating compulsory licensing would undermine the computer software industry here and abroad. States that any nation's withdrawal of copyright protection or instigation of broad compulsory licensing of software should be opposed under the Universal Copyright Convention or through other avenues.
![Official portrait of Sen. Heinz, John [R-PA]](https://www.congress.gov/img/member/h000456_200.jpg)