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United States · Bill · HR

H.R. 3850 (97th)

A bill to make expenditure reductions in accordance with the budget reconciliation process.

openUnited States· United States Congress· EN

Introduced

9 June 1981

Last action

Status

See H.R.3982.

Sponsors

Subjects

Discovery layer

Source updated

7 February 2024

Summary

Title I: Adjustment Assistance - Amends the Trade Act of 1974 to revise eligibility requirements for adjustment assistance to require that imports be a "substantial cause of" (currently "contributed importantly to") a firm's decline. Directs the Secretary of Labor to provide full information to workers about the benefits available under the Act. Revises trade readjustment allowance qualifying requirements, weekly amounts, and limitations on allowances to provide: (1) that payment of an allowance shall be made to a worker who files an application for any week of unemployment beginning more than 60 days after a petition for certification (which resulted in certification) was filed, if the worker, (a) has a separation occurring within a specified time, (b) worked a specified length of time, for a specified minimum wage, within the 52 week period prior to separation, (c) has received waiting period credit under unemployment insurance law or has exhausted all rights and is not entitled to any unemployment insurance or waiting period credit; (2) that the allowance payable shall be equal to the most recent weekly unemployment insurance benefit reduced by (a) any deductible training allowance and (b) income that is deductible from unemployment insurance; and (3) that allowances may not exceed an amount determined by the application of a specified formula. Authorizes the Secretary, to require adversely affected workers to accept job training or to actively search for work outside their former employment area, if the Secretary determines that within their former employment area: (1) a high level of unemployment exists; (2) suitable employment opportunities are not available; and (3) there are facilities available to provide training in new or related job classifications. Requires the Secretary to develop, in cooperation with others, including the adversely affected worker covered by a certification who is unemployed or underemployed, an appropriate employability plan. Defines the terms "suitable employment" and "underemployment." Directs the Secretary to approve training for a worker if: (1) there is no suitable employment available; (2) the worker would benefit from appropriate training; (3) there is a reasonable expectation of employment following training; (4) training is available from either governmental or private sources; and (5) the worker is qualified to undertake and complete such training. Directs the Secretary to report quarterly to Congress, regarding funds expended to provide training. Authorizes the Secretary, to defray reasonable transportation and subsistence expenses when training facilities are not within commuting distances. Increases individual job search allowances and relocation allowances from a maximum of $500 to $600. Waives the requirement that any overpayment must be repaid if: (1) the overpayment was made without fault on the part of an individual; and (2) requiring repayment would be contrary to equity and good conscience. Abolishes the Adjustment Assistance Trust Fund. Authorizes appropriations for fiscal years 1982 and 1983. Sets forth provisions relating to definitions, conforming amendments, and effective dates and transitional provisions. Authorizes the Secretary to provide technical assistance including grants to firms. Prohibits a direct loan to a firm if the loan can be obtained from private sources at certain rates. Revises conditions for financial assistance to a firm. Prohibits the Secretary from guaranteeing any loan, if: (1) the interest rate is excessive compared to similar loans bearing Federal guarantees; and (2) the interest is exempt from Federal income tax. States that direct loans and commitments to guarantee loans may be made only to the extent provided in advance in appropriation Acts. Provides that direct loans made or guaranteed for the acquisition or development of real property or other capital assets shall ordinarily be secured by a first lien on the assets and shall be fully amortized. Authorizes the Secretary to provide technical assistance, for the establishment of industry programs for new development or other uses consistent with the purposes of the Act. Repeals the Adjustment Assistance Program for Communities. Extends the termination date of adjustment assistance programs for workers and firms from September 30, 1982, to September 30, 1983. Title II: Federal Old Age, Survivors, and Disability Insurance Program - Social Security Spending Reductions Amendments of 1981 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide for the phased elimination of child's insurance benefits on the basis of full-time postsecondary student status (continues to provide such benefits on the basis of full-time elementary or secondary school student status). Terminates a nondisabled child's entitlement to child's insurance benefits when such child reaches age 16 (currently such entitlement ceases at age 18). Eliminates prospectively the minimum benefit amount used in computing the primary insurance amount. Provides that at each stage in the benefit computation, the amount derived is rounded down (currently rounded up) to the next higher 10 cents. Authorizes reimbursement of the cost of providing information to assist specified parties with respect to the administration of an employee benefit plan. Delays part of the payment of the cost-of-living increase until October 1982 (currently scheduled to be paid in July 1982). Authorizes reimbursement from the trust funds to a State for vocational rehabilitation services only where the services have resulted in a beneficiary's performance of substantial gainful activity for a continuous nine month period. Retains the earnings limitations test for persons under age 72 until 1983 (currently scheduled to be lowered to age 70 in 1982). Limits the payment of lump-sum death benefits to a widow or widower entitled to widow's, widower's, or mother's benefits on the basis of the wages and self-employment income of a deceased individual or in equal shares to each person entitled to child's insurance benefits on the basis of the wages and self-employment income of such individual (currently such benefits may to paid to cover burial expenses of the insured individual). Provides that in the case of workers retiring at age 62 entitlement to benefits begins with the first month throughout all of which the individual is entitled. Title III: Unemployment Compensation Public Assistance, and Low-Income Energy Assistance - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to eliminate the "national trigger" under the extended benefits program. Excludes extended benefit claimants from the calculation of the insured unemployment rate for extended benefits trigger purposes. Increases from 365 to 730 days the length of continuous military service needed to qualify as employment for unemployment compensation purposes. Delays an ex-service member's entitlement until the fifth week after discharge or release from Federal service. Limits an ex-service member's total entitlement to no more than 13 weeks of benefits. Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to revise eligibility and benefit standards by requiring States to disregard the following amount of monthly earnings: (1) for determining eligibility, 20 percent of gross earnings up to a maximum of $175 per month, and child care costs up to a monthly maximum of $200 per child and $400 per family; and (2) for determining benefits, $50, 20 percent of gross earnings up to $175 per month, child care costs up to $200 per child and $400 per family per month, and one-third of remaining earnings. Allows States to terminate, or phase out gradually, the $50 disregard and the one-third work incentive disregard for families with earned income above the poverty level or, at State option, 200 percent of the State standard of need, after the family has had earned income and claimed one-third disregard for 12 consecutive months. Permits individuals who lose eligibility for AFDC payments because of the termination of the disregards to remain eligible for Medicaid for 12 months after payment stops. Requires that, in calculating a child's need for AFDC, a State consider a specified portion of a stepparent's income as available to such child. Provides that: (1) AFDC eligibility for a month shall be determined on the basis of the family's income during such month; (2) family resources shall be determined as they existed on the last days of the previous month; and (3) the benefit amount shall be determined on the basis of the income of the previous month. Requires AFDC families to report their income and other information on a monthly basis. Requires that, whenever a determination is made to terminate, suspend, or adjust AFDC payments to a family, such family shall be mailed a written notice concerning such action at least ten days prior to the effective date of the action. Requires a hearing to be held if the family requests one within 90 days after such a notice is mailed. Sets forth exceptions to the ten-day mailing requirement. Allows States to require, under certain conditions, AFDC recipients to participate in a qualified State work experience program in which they would perform work in return for the regular AFDC benefits. Requires that a work experience assignment: (1) take into account the physical capacity, skills, and experience of participants; (2) meet appropriate health and safety standards; (3) be monitored by the work experience program director; (4) not displace permanent employees; (5) not exceed eight hours per day or 96 hours per month; and (6) be performed in conjunction with counseling. Exempts the following individuals from participation in a work experience program: (1) full-time students or those participating in the work incentive program (WIN); (2) incapacitated individuals; (3) those age 65 or older; (4) a caretaker in the home; or (5) those currently employed more than 20 hours a week. Limits eligibility for certain AFDC payments to families in which the "principal earner" parent is unemployed (currently payments may be made to a two-parent family if either parent is unemployed). Requires a State to correct promptly any AFDC overpayment or underpayment. Permits States paying AFDC benefits to students over age 18, to limit such eligibility at any age between 18 and 21. Provides that in order for any individual to be considered a dependent child, a caretaker relative, or a person whose needs are taken into account, such individual must be either a U.S. citizen or an alien lawfully admitted for permanent residence. Provides that for purposes of determining eligibility for and amount of AFDC benefits for an alien, the income and resources of the alien's sponsor and the sponsor's spouse shall be deemed to be the unearned income and resources of the alien for three years after the alien's entry into the United States. Sets forth guidelines for determining a sponsor's income. Provides that any family is ineligible for AFDC if the combined value of its resources exceeds $1,500 or a lower amount at the State's option. Permits a State to exclude from resources: (1) a home and a car; (2) household goods and personal effects; (3) tools, equipment, livestock, and other income-producing property; and (4) life and burial insurance policies. Limits to 57 percent the Federal share of AFDC costs and payments under part E (Foster Care and Adoption Assistance) of title IV. Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require a State plan to make provisions for enforcing spousal support obligations (alimony) in addition to child support. Requires a State to retain ten percent of the support collected on behalf of a non-AFDC recipient in order to defray the costs of such collection service. Requires that the incentive payments to States collecting child support payments on behalf of another jurisdiction be made from the total amount of such collections rather than from the Federal assistance share. Prohibits the discharge in bankruptcy of a child support obligation assigned to a State as a condition of AFDC eligibility. Requires a child support enforcement agency to determine on a periodic basis whether any individuals receiving unemployment compensation owe child support obligations being enforced by such agency and, if so, requires the agency to withhold such child support payments from the unemployment compensation. Amends title III (Unemployment Compensation) of the Act to require State unemployment compensation agencies to require an applicant to disclose whether or not the applicant owes child support obligations and to notify the appropriate child support enforcement agency if child support is owed. Permits the Internal Revenue Service to collect delinquent alimony as well as child support payments. 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. Provides for determination of the amount of monthly benefits on the basis of income and other characteristics in the preceding month, or, on the basis of income and other characteristics in the second month preceding such month. Authorizes the Secretary to redetermine eligibility for and amount of benefits at other times. Allows States to continue to pay out cash, in lieu of food stamps, to SSI recipients under specified conditions. Limits the negotiability of SSI checks to 180 days from the date of issuance. Requires future cost-of-living adjustments in SSI to conform to cost-of-living adjustments under title II. Adds a new title to the Social Security Act, title XXI (Energy Assistance to Low-Income Households). Authorizes appropriations for fiscal years 1982 and 1983 to provide low-income energy assistance in order to offset excessive home energy costs. Makes such funds available to States which have plans for low-income energy assistance approved by the Secretary. Sets forth State plan requirements, including: (1) that payments be made to households, home energy suppliers, and or building operators; (2) that a State, at the State's option, provide for conservation/weatherization materials; (3) emergency assistance, at the option of the State; (4) equal treatment of owners and renters; (5) hearings for those denied assistance; and (6) reporting requirements. Directs the Secretary to pay up to a formulated amount (80 percent) of a State's expenses in carrying out the plan for fiscal year 1983 and 100 percent of the expenses for fiscal year 1982. Prohibits energy assistance payments to any household unless the household has at least one individual eligible for AFDC, SSI, Food Stamps, or certain veteran's benefits or the household's income falls below a specified level. Amends title XX (Grants to States for Services) of the Social Security Act to limit Federal funding for training cost fiscal year 1982 to $75,000,000. Title IV: Medicare Program - Medicare Spending Reduction Amendments of 1981 - Amends title XVIII (Medicare) of the Social Security Act to eliminate coverage of alcohol detoxification facilities under part A (Hospital Insurance) of title XVIII. Provides payment for nutritional therapy for individuals with end-stage renal disease when used as a means of delaying or substituting for the provision of kidney dialysis. Requires a one dollar per day copayment under Medicare for each of the first 60 days of inpatient hospital care. Provides that part A coinsurance will be based on the current year's deductible, rather than the deductible effective when the illness began. Raises the part A inpatient hospital deductible by adding five dollars to the base figure of $40 used in the formula to determine such deductible. Eliminates the carryover from the last three months of the previous year of incurred expenses used to determine whether the part B (Supplementary Medical Insurances) deductible has been met. Increases the part B deductible from $60 to $70, and indexes it to cost-of-living increases under title II. Offsets interest earnings on funded depreciation accounts of providers against interest expense to determine reimbursement. Revises an exemption to a provision requiring the reduction of reimbursements to hospitals in specified situations by adding a requirement that a hospital devise less than 30 percent of its income from non-governmental sources to qualify for such exemption. Exempts hospitals from such reductions if there is no excess of hospital beds in the area in which the hospital is located. Directs the Secretary to provide a method of determining prospectively the amount of payments to be made for dialysis services furnished by providers and renal dialysis facilities to individuals in a facility and at home. Prohibits the Secretary, in determining reimbursements for home health services, from recognizing as reasonable costs in excess of the 75 percentile of such costs per visit for home health agencies. Prohibits the Secretary, in determining reimbursements for inpatient hospital services, from recognizing as reasonable costs in excess of 108 percent of the mean of such routine operating costs per diem for hospitals. Amends part A (General Provisions) of (title X) of the Social Security Act to provide civil penalties for any person who presents an improper claim for a medical or other item or service under the Medicare or Medicaid (title XIX) programs. Amends title XVIII (Medicare) of the Act to direct the Secretary to establish utilization guidelines for the provision of home health care. Repeals the requirement that skilled nursing facility provider agreements be renewed annually. Amends the Medicare and Medicaid Amendments of 1980 to direct the Secretary to establish guidelines by October 1, 1981, to assure that agreements with States already authorized for demonstration projects for the training of AFDC recipients as homemakers and home health are entered into by January 1, 1982. Requires the Secretary to report to Congress on such projects. Amends part B (Professional Standards Review) of title XI of the Social Security Act to direct the Secretary by September 30, 1981, to identify and specify requirements which will be used in assessing a PSRO'S performance. States that such requirements shall include requirements relating to the effectiveness of a PSRO in: (1) monitoring the quality of patient care; (2) reducing unnecessary utilization; and (3) managing its activities efficiently. Authorizes the Secretary to terminate the less effective PSRO's during fiscal year 1982. Directs the Secretary to report to Congress on to PSRO performance assessments. Makes 100 percent financing under part B of title XI applicable only to the Medicare program and provides States the option of contracting for Medicaid review at a 75 percent Federal matching rate. Repeals the PSRO program on October 1, 1983. Repeals the requirement for utilization review under the Medicare program with respect to hospitals, skilled nursing facilities, and rural health clinics. Prohibits payments under the Medicare program with respect to an item or service for an individual aged 65 or older to the extent that payment has been made, or can reasonably be expected to be made, under the Federal Employees Health Benefits Program.

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