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 PUBLIC LAW 97-243—AUG. 26, 1982 AUTHORIZATION OF APPROPRIATIONS

SEC. 9. There is hereby authorized to be appropriated to carry out the provisions of this Act, not to exceed $12,000,000 for the fiscal year beginning October 1, 1982, and such sums as may be necessary for each fiscal year thereafter. Approved August 26, 1982.

LEGISLATIVE HISTORY—H.R. 6530 (S. 2133): HOUSE REPORTS: No. 97-636, Pt. I (Comm. on Interior and Insular Affairs), Ft. II (Comm. on Agriculture) and No. 97-748 (Comm. of Conference). SENATE REPORTS: No. 97-481 accompanying S. 2133 (Comm. on Energy and Natural Resources) and No. 97-523 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 128 (1982): July 19, considered and passed House. July 21, considered and passed Senate, amended. Aug. 13, Senate agreed to conference report. Aug. 17, House agreed to conference report.

96 STAT. 309

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 96 STAT. 310

PUBLIC LAW 97-244—AUG. 26, 1982

Public Law 97-244 97th Congress An Act Aug. 26, 1982 [H.R. 2160] Potato Research and Promotion Act Amendments of 1982. 7 USC 2611 note.

Assessment rate; referendum and administrative costs.

To amend the Potato Research and Promotion Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Potato Research and Promotion Act Amendments of 1982". REQUIRED TERMS IN PLANS

SEC, 2. Section 308 of the Potato Research and Promotion Act (7 U.S.C. 2617) is amended by— (1) amending subsection Qji) to read as follows: "0)) Providing that the board shall be composed of representatives of producers and the public appointed by the Secretary from nominations submitted in accordance with this subsection. Representatives of producers shall be nominated by producers in such manner as may be prescribed by the Secretary. Public representatives shall be nominated by the board in such manner as may be prescribed by the Secretary. If producers fail to select nominees for appointment to the board, or the board fails to nominate public representatives, the Secretary may appoint persons on the beisis of representation as provided for in such plan."; (2) amending subsection (e) to read as follows: "(e) Providing that the board shall recommend to the Secretary and the Secretary shall fix the assessment rate required for such costs as may be incurred under subsection (d) of this section, including any referendum and administrative costs estimated to be incurred by the United States Department of Agriculture under this title: Provided, That the rate of assessment for fiscal year 1982 and each fiscal year thereafter shall not exceed one-half of 1 per centum of the immediate past ten calendar year United States average price received for potatoes by growers as reported by the Department of Agriculture."; and (3) inserting before the semicolon in subsection (f)(1) the following: ", including any referendum and administrative costs incurred by the Department of Agriculture under this title". ENFORCEMENT

SEC. 3. Section 312 of the Potato Research and Promotion Act (7 U.S.C. 2621) is amended to read as follows: "SEC. 312. (a) The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating any plan or regulation made or issued under this title. The facts relating to any civil action authorized to be brought under this subsection shall be referred to the Attorney General for appropriate action: Provided, That nothing in this title shall be construed as requiring the Secretary to refer to the Attorney General violations of this title whenever the Secretary

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 PUBLIC LAW 97-244—AUG. 26, 1982

96 STAT. 311

believes that the administration and enforcement of any such plan or regulation would be adequately served by administrative action under subsection (b) of this section or suitable written notice or warning to any person committing such violations. "(b)(1) Any person who violates any provision of any plan or Penalty. regulation issued by the Secretary under this title, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of such person thereunder, may be assessed a civil penalty by the Secretary of not less than $500 or more than $5,000 for each such violation. Each violation shall be a separate offense. In addition to or in lieu of such civil penalty the Secretary may issue an order requiring such person to cease and desist from continuing such violations. No penalty shall be assessed or cease and desist order Notice and issued unless such person is given notice and opportunity for a hearing. hearing before the Secretary with respect to such violation, and the order of the Secretary assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the affected person files an appeal from the Secretary's order with the appropriate United States court of appeals. "(2) Any person against whom a violation is found and a civil Appeal penalty assessed or cease and desist order issued under subsection (b)(1) of this section may obtain review in the court of appeals of the United States for the circuit in which such person resides or carries on business or in the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal in such court within thirty days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary. The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found. The findings of the Secretary shall be set aside only if found to be unsupported by substantial evidence. "(3) Any person who fails to obey a cease and desist order after it Hearing and has become final and unappealable, or after the appropriate court of judicial review. appeals has entered a final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary, after opportunity for a hearing and for judicial review under the procedures specified in subsections (b)(1) and (2) of this section, of not more than $500 for each offense, and each day during which such failure continues shall be deemed a separate offense. "(4) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court of appeals has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.". REQUIREMENT OF REFERENDUM

SEC. 4. Section 314 of the Potato Research and Promotion Act (7 U.S.C. 2623) is amended to read as follows: "SEC. 314. (a) The Secretary shall conduct a referendum among producers, who during a representative period determined by the Secretary have been engaged in the production of potatoes, for the purpose of ascertaining whether the issuance of a plan is approved or favored by such producers.

97-200 O—84—pt. 1

12: QL3

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 96 STAT, 312

PUBLIC LAW 97-244—AUG. 26, 1982 "(b) No plan issued under this title shall be effective unless the Secretary determines that the issuance of such plan is approved or favored by not less than two-thirds of the producers voting in such referendum, or by the producers of not less than two-thirds of the potatoes produced during the representative period by producers voting in such referendum, and by not less than a majority of the producers voting in such referendum. "(c) The failure of potato producers to approve an amendment to any plan issued under this title shall not be deemed to invalidate such plan. "(d) The ballots and other information or reports which reveal or tend to reveal the vote of any producer or his production of potatoes shall be held strictly confidential and shall not be disclosed. Any officer or employee of the Department of Agriculture violating the provisions hereof shall upon conviction be subject to the penalties provided in section 310(c) above.". Approved August 26, 1982.

LEGISLATIVE HISTORY—H.R. 2160: HOUSE REPORT No. 97-446 (Comm. on Agriculture). SENATE REPORT No. 97-334 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 128 (1982): Mar. 9, considered and passed House. May 5, considered and passed Senate, amended. July 26, House disagreed to Senate amendments. Aug. 12, Senate receded from its disagreement on House amendments.

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 PUBLIC LAW 97-245—AUG. 26, 1982

96 STAT. 313

Public Law 97-245 97th Congress

An Act Relating to the preservation of the historic Congressional Cemetery in the District of Columbia for the inspiration and benefit of the people of the United States.

Aug. 26, 1982 [H.R. 6033]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress Historic Congressional finds and declares that— (1) sections of the Congressional Cemetery in the District of Cemetery, Wash., D.C. Columbia are of national historic significance, including those Preservation. areas in which John Philip Sousa, Matthew Brady, J. Edgar 2 USC 51 note. Hoover, several former Members of the United States Senate and House of Representatives, and many other persons of historical importance and interest are buried; and (2) the physical condition of these areas and related portions of the cemetery has deteriorated to the extent that restoration is necessary to protect and preserve the historical values of these areas. SEC. 2. In order to assist in the restoration and preservation of the Grants. historic values of the Congressional Cemetery, the Architect of the 2 USC 51 note. Capitol is authorized and directed to make grants to the Association for the Preservation of Historic Congressional Cemetery, Washington, District of Columbia, to be used for a program of restoration and preservation (but not routine maintenance) of the cemetery to be carried out under terms and conditions to be prescribed by the Architect of the Capitol. The Association shall maintain adequate Record records and accounts of all financial transactions and operations maintenance. carried out under such program, and such records shall be available at all times for audit and investigation by the Architect or the Comptroller General of the United States. Nothing in this Act shall be construed to vest title to the Congressional Cemetery in the United States. SEC. 3. There is authorized to be appropriated $300,000 for grants Appropriation to be made under section 2 of this Act, such sums to remain authorization. 2 USC 51 note. available until expended.

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 96 STAT. 314

PUBLIC LAW 97-245—AUG. 26, 1982

2 USC 51 note.

SEC. 4. No authority under this Act to make payments shall be effective except to the extent and in such amounts as provided in advance in appropriations Acts. Approved August 26, 1982.

LEGISLATIVE HISTORY—H.R. 6033: HOUSE REPORT No. 97-667 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 2, considered and passed House. Aug. 13, considered and passed Senate.

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 PUBLIC LAW 97-246—AUG. 26, 1982

96 STAT. 315

Public Law 97-246 97th Congress An Act To award special congressional gold medals to Fred Waring, the widow of Joe Louis, and Louis L'Amour.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the President of the United States is authorized to present, on behalf of Congress, a gold medal of appropriate design to Fred Waring in recognition of his contribution to enriching American life. For such purpose, the Secretary of the Treasury is authorized and directed to cause to be struck a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary of the Treasury. There is authorized to be appropriated not to exceed $20,000 after October 1, 1981, to carry out the provisions of this subsection. (b) The Secretary of the Treasury may cause duplicates in bronze of such medal to be coined and sold under such regulations as he may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, overhead expenses, and the gold medal. The appropriation made to carry out the provisions of subsection (a) shall be reimbursed out of the proceeds of such sales. (c) The medals provided for in this section are national medals for the purpose of section 3551 of the Revised Statutes (31 U.S.C. 368). SEC. 2. (a) The President of the United States is authorized to present, on behalf of the Congress, a gold medal of appropriate design to Mrs. Joe Louis in recognition of her late husband's accomplishments which did so much to bolster the spirit of the American people during one of the most crucial times in American history and which have endured throughout the years as a symbol of strength for the Nation. For such purpose, the Secretary of the Treasury is authorized and directed to cause to be struck a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary of the Treasury. There is authorized to be appropriated not to exceed $20,000 after October 1, 1981, to carry out the provisions of this subsection. (b) The Secretary of the Treasury may cause duplicates in bronze of such medal to be coined and sold under such regulations as he may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, overhead expenses, and the gold medal. The appropriation made to carry out the provisions of subsection (a) shall be reimbursed out of the proceeds of such sales. (c) The medals provided for in this section are national medals for the purpose of section 3551 of the Revised Statutes (31 U.S.C. 368). SEC. 3. (a) The President of the United States is authorized to present, on behalf of the Congress, a gold medal of appropriate design to Louis L'Amour in recognition of his distinguished career as an author and his contributions to the Nation through his historically based works. For such purpose, the Secretary of the

Aug. 26, 1982 [H.R. 4647] ' Fred Waring; Mrs. Joe Louis; and Louis L'Amour. Gold Medals.

Appropriation authorization. Duplicates.

Appropriation authorization. Duplicates.

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 96 STAT. 316

Appropriation authorization. Duplicates.

PUBLIC LAW 97-246—AUG. 26, 1982 Treasury is authorized and directed to cause to be struck a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary of the Treasury. There is authorized to be appropriated not to exceed $20,000 after October 1, 1981, to carry out the provisions of this subsection. (b) The Secretary of the Treasury may cause duplicates in bronze of such medal to be coined and sold under such regulations as he may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, overhead expenses, and the gold medal. The appropriation made to carry out the provisions of subsection (a) shall be reimbursed out of the proceeds of such sales. (c) The medals provided for in this section are national medals for the purpose of section 3551 of the Revised Statutes (31 U.S.C. 368). Approved August 26, 1982.

LEGISLATIVE HISTORY—H.R. 4647 (H.J. Res. 223): CONGRESSIONAL RECORD: Vol. 127 (1981): July 27, H.J. Res. 223 considered and passed House. Sept. 14, H.J. Res. 223, considered and passed Senate, amended. Vol. 128 (1982): Aug. 2, considered and passed House. Aug. 12, considered and passed Senate.

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 PUBLIC LAW 97-247—AUG. 27, 1982

96 STAT. 317

Public Law 97-247 97th Congress An Act To authorize appropriations to the Patent and Trademark Office in the Department of Commerce, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is authorized to be appropriated for the payment of salaries and necessary expenses of the Patent and Trademark Office to become available for fiscal year 1983, $76,000,000, and in fiscal years 1984 and 1985 such sums as may be necessary as well as such additional or supplemental amounts as may be necessary, for increases in salary, pay, retirement, or other employee benefits authorized by law. Funds available under this section shall be used to reduce by 50 per centum the payment of fees under section 41(a) and (b) of title 35, United States Code, by independent inventors and nonprofit organizations as defined in regulations established by the Commissioner of Patents and Trademarks, and by small business concerns as defined in section 3 of the Small Business Act and by regulations established by the Small Business Administration. When so specified and to the extent provided in an appropriation Act, any amount appropriated pursuant to this section and, in addition, such fees as shall be collected pursuant to title 35, United States Code, and the Trademark Act of 1946, as amended (15 U.S.C. 1051 et seq.), may remain available without fiscal year limitation. SEC. 2. Notwithstanding any other provision of law, there is authorized to be appropriated for the payment of salaries and expenses of the Patent and Trademark Office, $121,461,000 for the fiscal year ending September 30, 1982, and such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law. SEC. 3. (a) Section 41(a) of title 35, United States Code, is amended to read as follows: "(a) The Commissioner shall charge the following fees: " 1. On filing each application for an original patent, except in design or plant cases, $300; in addition, on filing or on presentation at any other time, $30 for each claim in independent form which is in excess of three, $10 for each claim (whether independent or dependent) which is in excess of twenty, and $100 for each application containing a multiple dependent claim. For the purpose of computing fees, a multiple dependent claim as referred to in section 112 of this title or any claim depending therefrom shall be considered as separate dependent claims in accordance with the number of claims to which reference is made. Errors in payment of the additional fees may be rectified in accordance with regulations of the Commissioner. "2. For issuing each original or reissue patent, except in design or plant cases, $500. "3. In design and plant cases: "a. On filing each design application, $125.

Aug. 27, 1982 [H.R. 6260] Patent and Trademark Office. Appropriation authorization.

15 USC 632.

Fees.

35 USC 112.

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 96 STAT. 318

35 USC 133, 151.

Maintenance fees.

Expiration.

Surcharge.

Maintenance fee, delayed payment. Surcharge.

PUBLIC LAW 97-247—AUG. 27, 1982 "b. On filing each plant application, $200. "c. On issuing each design patent, $175. "d. On issuing each plant patent, $250. "4. On filing each application for the reissue of a patent, $300; in addition, on filing or on presentation at any other time, $30 for each claim in independent form which is in excess of the number of independent claims of the original patent, and $10 for each claim (whether independent or dependent) which is in excess of twenty and also in excess of the number of claims of the original patent. Errors in payment of the additional fees may be rectified in accordance with regulations of the Commissioner. "5. On filing each disclaimer, $50. "6. On filing an appeal from the examiner to the Board of Appeals, $115; in addition, on filing a brief in support of the appeal, $115, and on requesting an oral hearing before the Board of Appeals, $100. "7. On filing each petition for the revival of an unintentionally abandoned application for a patent or for the unintentionally delayed payment of the fee for issuing each patent, $500, unless the petition is filed under sections 133 or 151 of this title, in which case the fee shall be $50. "8. For petitions for one-month extensions of time to take actions required by the Commissioner in an application: "a. On filing a first petition, $50. "b. On filing a second petition, $100. "c. On filing a third or subsequent petition, $200.". (b) Section 41(b) of title 35, United States Code, is amended to read as follows: "(b) The Commissioner shall charge the following fees for maintaining a patent in force: " 1. Three years and six months after grant, $400. "2. Seven years and six months after grant, $800. "3. Eleven years and six months after grant, $1,200. Unless payment of the applicable maintenance fee is received in the Patent and Trademark Office on or before the date the fee is due or within a grace period of six months thereafter, the patent will expire as of the end of such grace period. The Commissioner may require the payment of a surcharge as a condition of accepting within such six-month grace period the late payment of an applicable maintenance fee. No fee will be established for maintaining a design or plant patent in force.". (c) Section 41(c) of title 35, United States Code, is amended to read as follows: "(c)(1) The Commissioner may accept the payment of any maintenance fee required by subsection (b) of this section after the sixmonth grace period if the delay is shown to the satisfaction of the Commissioner to have been unavoidable. The Commissioner may require the payment of a surcharge as a condition of accepting payment of any maintenance fee after the six-month grace period. If the Commissioner accepts payment of a maintenance fee after the six-month grace period, the patent shall be considered as not having expired at the end of the grace period. (2) No patent, the term of which has been maintained as a result of the acceptance of a payment of a maintenance fee under this subsection, shall abridge or affect the right of any person or his successors in business who made, purchased or used after the sixmonth grace period but prior to the acceptance of a maintenance fee

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 PUBLIC LAW 97-247—AUG. 27, 1982 under this subsection an5^hing protected by the patent, to continue the use of, or to sell to others to be used or sold, the specific thing so made, purchased, or used. The court before which such matter is in question may provide for the continued manufacture, use or sale of the thing made, purchased, or used as specified, or for the manufacture, use or sale of which substantial preparation was made after the six-month grace period but before the acceptance of a maintenance fee under this subsection, and it may also provide for the continued practice of any process, practiced, or for the practice of which substantial preparation was made, after the six-month grace period but prior to the acceptance of a maintenance fee under this subsection, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced after the six-month grace period but before the acceptance of a maintenance fee under the subsection.". (d) Section 41(d) of title 35, United States Code, is amended to read as follows: "(d) The Commissioner will establish fees for all other processing, services, or materials related to patents not specified above to recover the estimated average cost to the Office of such processing, services, or materials. The yearly fee for providing a library specified in section 13 of this title with uncertified printed copies of the specifications and drawings for all patents issued in that year will be $50.". (e) Section 41(f) of title 35, United States Code, is amended to read as follows: "(f) The fees established in subsections (a) and (b) of this section may be adjusted by the Commissioner on October 1, 1985, and every third year thereafter, to reflect any fluctuations occurring during the previous three years in the Consumer Price Index, as determined by the Secretary of Labor. Changes of less than 1 per centum may be ignored,". if) Subsection (a) of section 31 of the Trademark Act of 1946, as amended (15 U.S.C. 1113), is amended by deleting "Fees will be set and adjusted by the Commissioner to recover in aggregate 50 per centum of the estimated average cost to the Office of such processing. Fees for all other services or materials related to trademarks and other marks will recover the estimated average cost to the Office of performing the service or furnishing the material.". (g) Section 42(c) of title 35, United States Code, is amended by adding the following sentence at the end thereof: "Fees available to the Commissioner under section 31 of the Trademark Act of 1946, as amended (15 U.S.C. 1113), shall be used exclusively for the processing of trademark registrations and for other services and materials related to trademarks.". SEC. 4. Section 3(a) of title 35, United States Code is amended (1) by deleting the phrase "not more than fifteen"; and (2) by inserting the phrase "appointed under section 7 of this title" immediately after the phrase "examiners-in-chief'. SEC. 5. Section 111 of title 35, United States Code, is amended to read as follows: "SEC. 111. Application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Commissioner. Such application shall include (1) a specification as prescribed by section 112 of this title; (2) a drawing as prescribed by section 113 of this title; and (3) an oath by the applicant as prescribed by section 115 of this title. The application

96 STAT. 319

Fees.

35 USC 13.

Adjusted fees,

Applications. 35 USC 112. 35 USC 113. 85 USC 115.

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 96 STAT. 320

Filing date.

PUBLIC LAW 97-247—AUG. 27, 1982 must be accompanied by the fee required by law. The fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner. Upon failure to submit the fee and oath within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable. The filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.". SEC. 6. (a) Section 116 of title 35, United States Code, is amended (1) by deleting the phrase "Joint inventors" from the title and inserting in its place "Inventors"; and (2) in the third paragraph, by deleting the phrase "a person is joined in an application for patent as joint inventor through error, or a joint inventor is not included in an application through error" and inserting in its place the phrase "through error a person is named in an application for patent as the inventor, or through error an inventor is not named in an application". (b) Section 256 of title 35, United States Code, is amended to read as follows: "§ 256. Correction of named inventor "Whenever through error a person is named in an issued patent as the inventor, or through error an inventor is not named in an issued patent and such error arose without any deceptive intention on his part, the Commissioner may, on application of all the parties and assignees, with proof of the facts and such other requirements as may be imposed, issue a certificate correcting such error. "The error of omitting inventors or naming persons who are not inventors shall not invalidate the patent in which such error occurred if it can be corrected as provided in this section. The court before which such matter is called in question may order correction of the patent on notice and hearing of all parties concerned and the Commissioner shall issue a certificate accordingly.". SEC. 7. Section 6 of title 35, United States Code, is amended by deleting paragraph (d) thereof. SEC. 8. (a) Section 8(a) of the Trademark Act of 1946, as amended (15 U.S.C. 1058(a)), is amended (1) by deleting the word "still"; and (2) by inserting the phrase "in commerce" immediately after the word "use". O> Section 80t)) of the Trademark Act of 1946, as amended (15 t) U.S.C. 1058(b)), is amended (1) by deleting the word "still"; and (2) by inserting the phrase "in commerce" immediately after the word "use". SEC. 9. (a) Section 13 of the Trademark Act of 1946, as amended (15 U.S.C. 1063), is amended (1) by deleting the phrase "a verified" and inserting in its place the word "an"; (2) by adding the phrase "when requested prior to the expiration of an extension" immediately after the word "cause"; and (3) by deleting the fourth sentence. (b) Section 14 of the Trademark Act of 1946, as amended (15 U.S.C. 1064), is amended by deleting the word "verified". SEC. 10. Section 15 of the Trademark Act of 1946, as amended (15 U.S.C. 1065), is amended by deleting the phrase "the publication" and inserting in its place the word "registration".

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 PUBLIC LAW 97-247—AUG. 27, 1982

96 STAT. 321

SEC. 11. The first sentence of section 16 of the Trademark Act of 1946, as amended (15 U.S.C. 1066), is amended to read as follows: "Upon petition showing extraordinary circumstances, the Commissioner may declare that an interference exists when application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when applied to the goods or when used in connection with the services of the applicant to cause confusion or mistake or to deceive.". SEC. 12. Section 21 of title 35, United States Code, is amended— (1) by deleting the phrase "Day for taking action falling on Saturday, Sunday, or holiday" from the title and inserting in its place the phrase "Filing date and day for taking action"; (2) by inserting the following as subsection (a): "(a) The Commissioner may by rule prescribe that any paper or Filing date. fee required to be filed in the Patent and Trademark Office will be considered filed in the Office on the date on which it was deposited with the United States Postal Service or would have been deposited with the United States Postal Service but for postal service interruptions or emergencies designated by the Commissioner."; (3) by designating the existing paragraph as subsection (b); and (4) by inserting the word "federal" in subsection (b), as designated above, immediately after the word "a". SEC. 13. Section 6(a) of title 35, United States Code, is amended (1) by deleting the word "and", third occurrence, and inserting in its place a comma; (2) by inserting the phrase ", or exchanges of items or services" immediately after the word "programs"; and (3) by inserting the phrase "or the administration of the Patent and Trademark Office" immediately after the word "law", second occurrence. SEC. 14. (a) Section 115 of title 35, United States Code, is amended by (1) deleting the phrase "shall be" and inserting in its place the word "is"; and (2) inserting the following immediately after the phrase "United States", third occurrence: ", or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States". (b) Section 261 of title 35, United States Code, is amended, in the third paragraph, by inserting the following immediately after the phrase "United States", third occurrence: ", or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States". (c) Section 11 of the Trademark Act of 1946, as amended (15 U.S.C. 1061), is amended by (1) deleting the phrase "shall be", first occurrence, and inserting in its place the word "is"; and (2) inserting the following immediately after the phrase "United States", third occurrence: ", or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States". SEC. 15. Section 13 of title 35, United States Code, is amended by deleting "(a) 9" and inserting in its place "(d)". SEC. 16. Section 173 of title 35, United States Code, is amended to read as follows: "Patents for designs shall be granted for the term of fourteen years."

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PUBLIC LAW 97-247—AUG. 27, 1982

Effective dates. 35 USC 41 note.

SEC. 17. (a) Sections 1, 2, 4, 7, and 13 through 15 of this Act shall take effect on the date of enactment of this Act. Sections 3 and 16 of this Act shall take effect on October 1, 1982. The maintenance fees provided for in section 3(b) of this Act shall not apply to patents applied for prior to the date of enactment of this Act. Each patent applied for on or after the date of enactment of this Act shall be subject to the maintenance fees established pursuant to section 3(b) of this Act or to maintenance fees hereafter established by law, as to the amounts paid and the number and timing of the payments. (b)(1) Title 35, United States Code, is amended by inserting after section 293 the following new section of chapter 29:

35 USC 294.

"§ 294. Voluntary arbitration "(a) A contract involving a patent or any right under a patent may contain a provision requiring arbitration of any dispute relating to patent validity or infringement arising under the contract. In the absence of such a provision, the parties to an existing patent validity or infringement dispute may agree in writing to settle such dispute by arbitration. Any such provision or agreement shall be valid, irrevocable, and enforceable, except for any grounds that exist at law or in equity for revocation of a contract. "(b) Arbitration of such disputes, awards by arbitrators and confirmation of awards shall be governed by title 9, United States Code, to the extent such title is not inconsistent with this section. In any such arbitration proceeding, the defenses provided for under section 282 of this title shall be considered by the arbitrator if raised by any party to the proceeding. "(c) An award by an arbitrator shall be final and binding between the parties to the arbitration but shall have no force or effect on any other person. The parties to an arbitration may agree that in the event a patent which is the subject matter of an award is subsequently determined to be invalid or unenforceable in a judgment rendered by a court to competent jurisdiction from which no appeal can or has been taken, such award may be modified by any court of competent jurisdiction upon application by any party to the arbitration. Any such modification shall govern the rights and obligations between such parties from the date of such modification. "(d) When an award is made by an arbitrator, the patentee, his assignee or licensee shall give notice thereof in writing to the Commissioner. There shall be a separate notice prepared for each patent involved in such proceeding. Such notice shall set forth the names and addresses of the parties, the name of the inventor, and the name of the patent owner, shall designate the number of the patent, and shall contain a copy of the award. If an award is modified by a court, the party requesting such modification shall give notice of such modification to the Commissioner, The Commissioner shall, upon receipt of either notice, enter the same in the record of the prosecution of such patent. If the required notice is not filed with the Commissioner, any party to the proceeding may provide such notice to the Commissioner. "(e) The award shall be unenforceable until the notice required by subsection (d) is received by the Commissioner.".

Awards. 9 USC 1 et seq.

35 USC 282.

Modification.

Notices.

Modification.

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96 STAT. 323

(2) The analysis for chapter 29 of title 85 of the United States Code is amended by adding at the end the following: "294. Voluntary arbitration.".

(c) Sections 5, 6, 8 through 12, and 17(b) of this Act shall take effect six months after enactment. Approved August 27, 1982.

LEGISLATIVE HISTORY—H.R. 6260: HOUSE REPORT No. 97-542 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): June 8, considered and passed House. Aug. 12, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 36 (1982): Aug. 28, Presidential statement.

35 USC 294 note.

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PUBLIC LAW 97-248—SEPT. 3, 1982

Public Law 97-248 97th Congress Sept. 3, 1982 [ H.R. 4961] Tax Equity and Fiscal Responsibility Act of 1982. 26 USC 1 note.

An Act

To provide for tax equity and fiscal responsibility, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF 1954 CODE.

(a) SHORT TITLE.—This Act may be cited as the "Tax Equity and

Fiscal Responsibility Act of 1982". (b) TABLE OF CONTENTS.— Sec. 1. Short title; table of contents; amendment of 1954 Code. TITLE I—PROVISIONS RELATING TO SAVINGS IN HEALTH AND INCOME SECURITY PROGRAMS Subtitle A—Medicare PART I—CHANGES IN PAYMENTS FOR SERVICES

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Subpart A—Amount of Payment for Institutional Services 101. Payment for inpatient hospital services. 102. Single reimbursement limit for skilled nursing facilities. 103. Elimination of inpatient routine nursing salary cost differential. 104. Elimination of duplicate overhead payments for outpatient services. 105. Single reimbursement limit for home health agencies. 106. Prohibiting payment for Hill-Burton free care. 107. Prohibiting payment for anti-unionization activities. 108. Reimbursement of provider-based physicians. 109. Prohibiting recognition of payments under certain percentage arrangements. 110. Elimination of lesser-of-cost-or-charge provision. 111. Elimination of private room subsidy. Subpart B—Payments for Other Services 112. Reimbursement for inpatient radiology and pathology services. 113. Reimbursement for assistants at surgery. 114. Payments to health maintenance organizations and competitive medical plans. 115. Prohibition of payment for ineffective drugs. Subpart C—Other Payment Provisions 116. Medicare payments secondary for older workers covered under group health plans. 117. Interest charges on overpayments and underpayments. 118. Audit and medical claims review. 119. Private sector review initiative. 120. Temporary delay in periodic interim payments. PART II—CHANGES IN BENEFITS, PREMIUMS, AND ENROLLMENT

Sec. 121. Medicare coverage of Federal employees. Sec. 122. Hospice care. Sec. 123. Coverage of extended care services without regard to three-day prior hospitalization requirement. Sec. 124. Provision temporarily holding part B premium at constant percentage of cost. Sec. 125. Special enrollment provisions for merchant seamen.

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 PUBLIC LAW 97-248—SEPT. 3, 1982 PART III—MISCELLANEOUS PROVISIONS

Sec. 126. Extending medicare proficiency examination authority. Sec. 127. Regulations regarding access to books and records. Sec. 128. Technical corrections to Omnibus Budget Reconciliation Act of 1981. Sec. 131. Sec. 132. Sec. 133. Sec. 134. Sec. 135. Sec. 136. Sec. 137. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

141. 142. 143. 144. 145. 146. 147.

Sec. 148. Sec. 149. Sec. 150. Sec. Sec. Sec. Sec. Sec. Sec.

151. 152. 153. 154. 155. 156.

Sec. 157. Sec. 158. Sec. 159. Sec. 160. Sec. 161. Sec. 171. Sec. 172. Sec. 173. Sec. 174. Sec. 175. Sec. 176. Sec. Sec. Sec. Sec. Sec.

181. 182. 183. 184. 185.

Sec. 186. Sec. 187.

Subtitle B—Medicaid Copayments by medicaid recipients. Modifications in lien provisions. Limitation on Federal financial participation in erroneous medical assistance expenditures. Medicaid coverage of home care for certain disabled children. Six-month moratorium on deregulation of skilled nursing and intermediate care facilities. Medicaid program in American Samoa. Technical corrections from Omnibus Budget Reconciliation Act of 1981. Subtitle C—Utilization and Quality Control Peer Review Short title of subtitle. Requirement for Secretary to enter into contracts. Establishment of utilization and quality control peer review program. Facilitation of private review. Waiver of liability provision. Medicaid provisions. Demonstration projects for competitive bidding and other reimbursement methods. Technical amendments. Effective date. Maintenance of current PSRO agreements. Subtitle D—Aid to Families with Dependent Children Rounding of eligibility and benefit amounts. Effective date of application; proration of first month's AFDC benefit. Absence from home solely by reason of uniformed service. Job search. Proration of standard amount for shelter and utilities. Limitation on Federal financial participation in erroneous assistance expenditures. Exclusion from income of certain State payments. Extension of time for States to establish a work incentive demonstration program. Exclusion from income. Technical amendments to social services and foster care provisions in 1981 Reconciliation Act. Delayed effective date in cases requiring conforming State legislation. Subtitle E—Child Support Enforcement Fee for services to non-AFDC families. Allotments from pay for child and spousal support owed by members of the uniformed services on active duty. Reimbursement of State agency in initial month of ineligibility for AFDC. Reduction in certain Federal payments to States under child support enforcement program. Technical amendments to child support enforcement provisions in 1981 Reconciliation Act. Delayed effective date in cases requiring State legislation. Subtitle F—Supplemental Security Income Effective date of application; proration of initial SSI benefit payment. Rounding of SSI eligibility and benefit amounts. Coordination of SSI and OASDI cost-of-living adjustments. Phaseout of hold harmless protection. Exclusion from resources of burial plots and certain funds set aside for burial expenses. Mandatory passthrough under State supplementation provisions. Treatment of unnegotiated checks under the supplemental security income program.

Subtitle G—Unemployment Compensation Sec. 191. Rounding of benefit amounts.

96 STAT. 325

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PUBLIC LAW 97-248—SEPT. 3, 1982 Sec. 192. Use of certain amounts transferred to State unemployment funds. Sec. 193. Treatment of certain employees of institutions of higher education. Sec. 194. Short-time compensation. TITLE II—REVENUE MEASURES Subtitle A—Provisions Relating to Individuals Sec. 201. Alternative minimum tax on taxpayers other than corporations. Sec. 202. Limitation on medical deduction. Sec. 203. Limitation on deduction for nonbusiness casualty losses. Subtitle B—Provisions Primarily Relating to Business PART I—REDUCTION IN CERTAIN DEDUCTIONS AND CREDITS

Sec. Sec. Sec. Sec.

204. 205. 206. 207.

15 percent reduction in certain corporate preference items. Amendments to investment credit. Repeal of 1985 and 1986 increases in accelerated cost recovery deductions. Section 189 made applicable to certain corporations for nonresidential real property. PART II—LEASING

Sec. 208. Limitations and additional requirements on leases under the accelerated cost recovery system. Sec. 209. Repeal of leasing; special rule for leases with economic substance. Sec. 210. Motor vehicle operating leases. PART III—FOREIGN TAX

Sec. 211. Foreign tax credit for taxes on oil and gas income. Sec. 212. Current taxation of foreign oil related income of controlled foreign corporations. Sec. 213. Possession tax credit; income tax liability incurred to the Virgin Islands. PART IV—TAX-EXEMPT OBLIGATIONS

Sec. 214. Modification of exemption for small issues. Sec. 215. Public approval and information reporting requirements applicable to private activity bonds. Sec. 216. Cost recovery for certain property financed with tax-exempt bonds. Sec. 217. Miscellaneous. Sec. 218. Treatment of certain refunding obligations. Sec. 219. Limitation on maturity of industrial development bonds. Sec. 220. Mortgage subsidy bonds. Sec. 221. Industrial development bonds for certain residential rental property PART V—MERGERS AND ACQUISITIONS

Subpart A—Changes in Tax Treatment of Partial Liquidations and of Certain Distributions of Appreciated Property Sec. 222. Partial liquidations. Sec. 223. Distribution of appreciated property in redemption of stock. Subpart B—Certain Stock Purchases Treated as Asset Purchases Sec. 224. Certain stock purchases treated as asset purchases. Sec. Sec. Sec. Sec.

225. 226. 227. 228.

Subpart C—Miscellaneous Provisions Clarification of section 368(a)(l)(F). Amendments relating to bailouts through use of holding companies. Application of attribution rules for purposes of sections 306 and 356(a)(2). Waiver of family attribution by entities. PART VI—METHODS OF ACCOUNTING

Sec. 229. Modification of regulations on the completed contract method of accounting. Sec. 230. Annual accrual method of accounting extended to certain partnerships. PART VII—ORIGINAL ISSUE DISCOUNT

Sec. 231. Original issue discount taken into account on basis of constant interest rate. Sec. 232. Tax treatment of stripped bonds.

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 PUBLIC LAW 97-248—SEPT. 3, 1982 PART VIII—OTHER BUSINESS PROVISIONS

Sec. 233. Targeted jobs tax credit. Sec. 234. Accelerated payment of income tax by corporations. Subtitle C—Pensions PART I—CONTRIBUTION AND LOAN LIMITS

Sec. 235. Lower contribution and benefit limits for certain annuities, etc. Sec. 236. Loans treated as distributions. PART II—REPEAL OF SPECIAL LIMITATIONS ON PLANS BENEFITING SELF-EMPLOYED INDIVIDUALS OR OWNER-EMPLOYEES

Sec. 237. Repeal of special qualification requirements. Sec. 238. Repeal of special limitations on deduction for self-employed individuals and subchapter S corporations. Sec. 239. Allowance of exclusion of death benefit for self-employed individuals. Sec. 240. Special rules for top heavy plans. Sec. 241. Effective dates. PART III—OTHER REQUIREMENTS

Sec. 242. Required distributions for qualified plans. Sec. 243. Required distributions in case of individual retirement plans. Sec. 244. Limitation on exclusion for group-term life insurance purchased for employees. Sec. 245. Limitation on estate tax exclusions under section 2039. Sec. 246. Organizations performing management functions. Sec. 247. Existing personal service corporations may liquidate under section 333 during 1983 or 1984. Sec. 248. Employee leasing. Sec. 249. Nondiscriminatory coordination of defined contribution plans with OASDI. Sec. 250. Authority of Secretary to allocate income and deductions in the case of certain corporations. PART IV—MISCELLANEOUS

Sec. Sec. Sec. Sec.

251. 252. 253. 254.

Church plans. Deferred compensation plans for State judges. Profit-sharing plan contributions on behalf of disabled. Exemption for trusts which include governmental plans. Subtitle D—Taxation of Life Insurance Companies and Annuities PART I—COINSURANCE ARRANGEMENTS

Subpart A—Modified Coinsurance Contracts Sec. 255. Repeal of optional treatment of policies reinsured under modified coinsurance contracts. Sec. 256. Special accounting rules relating to repeal of section 820. Subpart B—Other Reinsurance Agreements Sec. 257. Denial of interest deduction on indebtedness incurred in connection with reinsurance agreements. Sec. 258. Allocation of income, etc. in the case of other reinsurance agreements. PART II—2-YEAR TEMPORARY PROVISIONS RELATING TO TAXATION OF LIFE INSURANCE COMPANIES

Sec. Sec. Sec. Sec. Sec.

259. 260. 261. 262. 263.

Increase in amount of dividend deduction allowed; pension plan reserves. Computation of amount of life insurance reserves. Modification of menge formula. Consolidated returns to be computed on a botton line basis. Effective dates; special rules applicable to transactions before effective date.

PART III—EXCESS INTEREST; AMOUNTS RECEIVED UNDER ANNUITY CONTRACTS; FLEXIBLE PREMIUM CONTRACTS; COMPUTATION OF RESERVES

Sec. 264. Allowance of deduction for excess interest. Sec. 265. Treatment of amounts received and under annuity contracts before annuity starting date.

96 STAT. 327

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PUBLIC LAW 97-248—SEPT. 3, 1982 Sec. 266. Flexible premium contracts. Sec. 267. Reduction in approximate revaluation method of computing reserves. PAET IV—UNDERPAYMENTS OF ESTIMATED TAX FOB 1982

Sec. 268. Underpayments of estimated tax for 1982. Subtitle E—Employment Taxes PART I—IN GENERAL

Sec. 269. Treatment of real estate agents and direct sellers. Sec. 270. Simplified procedure for determining amount of employment taxes. PART II—FEDERAL UNEMPLOYMENT TAX

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Subpart A—Increase in Federal Unemployment Tax 271. Increase in Federal unemployment tax wage base and rate. Subpart B—Other Financing Provisions 272. Credit reduction not to apply when State makes certain repayments. 273. Limitation of fifth year credit reduction. 274.-Deferral of interest in case of certain States with high unemployment rates. 275. Required repayments from extended unemployment compensation account. 276. Treatment of certain services performed by students. 277. Treatment of certain alien farm workers. PART III—MEDICARE COVERAGE

Sec. 278. Medicare coverage of, and application of hospital insurance tax to, Federal employment. Subtitle F—Excise Taxes PART I—AIRPORT AND AIRWAY

Sec. Sec. Sec. Sec.

279. Tax on fuel used in noncommercial aviation. 280. Tax on transportation by air. 281. Extension of Airport and Airway Trust Fund. 281A. Technical provisions relating to tax on transportation of persons by air. PART II—COMMUNICATIONS SERVICES

Sec. 282. Extension of excise teix on communications services. PART III—CIGARETTES

Sec. 283. Increase in tax on cigarettes. PART IV—TAPS ADJUSTMENT ELIMINATED

Sec. 284. Elimination of the TAPS adjustment. Sec. 285. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

286. 287. 288. 289. 290. 291. 292. 293.

Sec. 294.

Subtitle G—Miscellaneous Two-year extension of exclusion from gross income of national research service awards. Special rules for certain amateur sports organizations. New Jersey general revenue sharing allocation. Illegal payments to government officials or employees. Debt management provisions. Jefferson County mental health center. Alaska native corporations. Awarding of costs and certain fees. Treatment of certain lending of finance businesses for purposes of the tax on personal holding companies. Additional refunds relating to repeal of excise tax on buses. TITLE III—TAXPAYER COMPLIANCE

Sec. Sec. Sec. Sec.

301. 302. 303. 304.

Subpart A—Withholding on Interest and Dividends Withholding on interest and dividends. Credit against tax. Returns regarding payments of dividends and payments of interest. Returns regarding payments of patronage dividends.

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 PUBLIC LAW 97-248—SEPT. 3, 1982 Sec. Sec. Sec. Sec.

305. 306. 307. 308.

Denial of deduction for certain taxes. Penalties. Conforming and clerical amendments. Effective dates; special rules. Subtitle B—Improved Information Reporting PART I—EXPANDED REPORTING

Sec. Sec. Sec. Sec.

309. 310. 311. 312.

Reporting of interest. Obligations required to be registered. Returns of brokers. Information reporting requirements for payments of remuneration for services and direct sales. Sec. 313. State and local income tax refunds. Sec. 314. Employer reporting with respect to tips. PART II—PROVISIONS TO IMPROVE REPORTING GENERALLY

Sec. 315. Increased penalties for failure to file information return or to furnish statement. Sec. 316. Increase in civil penalty on failure to supply identifying numbers. Sec. 317. Extension of withholding to certain payments where identifying number not furnished or inaccurate. Sec. 318. Minimum penalty for extended failure to file. Sec. 319. Information returns. Subtitle C—Abusive Tax Shelters, Etc.; Substantial Underpayments; False Documents; Frivolous Returns PART I—ABUSIVE TAX SHELTERS, ETC.

Sec. 320. Penalty for promoting abusive tax shelters, etc. Sec. 321. Action to enjoin promoters of abusive tax shelters, etc. Sec. 322. Procedural rules applicable to penalties under sections 6700, 6701, and 6702. PART II—SUBSTANTIAL UNDERPAYMENT; FALSE DOCUMENTS; FRIVOLOUS RETURNS; ETC.

Sec. Sec. Sec. Sec. Sec.

323. 324. 325. 326. 327.

Penalty for substantial understatement. Penalties for documents understating tax liability. Fraud penalty. Penalty for frivolous returns. Relief from criminal penalty for failure to file estimated tax where taxpayer falls within statutory exceptions. Sec. 328. Adjustments to estimated tax provisions. Sec. 329. Increases in certain criminal fines. Sec. 330. Special rules with respect to certain cash. Subtitle D—Administrative Summons Sec. 331. Special procedures for third-party summons. Sec. 332. Duty of third-party recordkeeper. Sec. 333. Limitation on use of administrative summons. Subtitle E—Withholding on Pensions and Other Retirement Income Sec. 334. Withholding on pensions annuities, and certain other deferred income. Sec. 335. Partial rollovers of IRA distributions permitted. Subtitle F—Transactions Outside the United States or Involving Foreign Persons Sec. 336. Jurisdiction of court and enforcement of summons in case of persons residing outside the United States. Sec. 337. Admissibility of evidence maintained in foreign countries. Sec. 338. Penalty for failure to furnish information with respect to certain foreign corporations. Sec. 339. Information requirements with respect to certain foreign-owned corporations. Sec. 340. Returns with respect to foreign personal holding companies. Sec. 341. Authority to delay date for filing certain returns relating to foreign corporations and foreign trusts. Sec. 342. Withholding of tax on nonresident aliens and foreign corporations. Sec. 343. Technical amendment relating to penalty under section 905(c).

96 STAT. 329

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PUBLIC LAW 97-248—SEPT. 3, 1982 Subtitle G—Modification of Interest Provisions Sec. 344. Interest compounded daily. Sec. 345. Determination of rate of interest to be made semiannually. Sec. 346. Restrictions on payment of interest for certain periods. Sec. Sec. Sec. Sec. Sec.

Subtitle H—Taxpayer Safeguard Amendments 347. Increase in certain exemptions from levy. 348. Required release of lien. 349. Requirement of timely notice of levy. 349A. Extension of period for redemption of real property. 350. Amount of damages in case of wrongful levy.

Sec. 351. Sec. 352. Sec. Sec. Sec. Sec. Sec.

353. 354. 355. 356. 357.

Sec. 358.

Subtitle I—Other Provisions Disallowance of deductions relating to narcotics trafficking. Sense of Congress with respect to providing of additional funds to Internal Revenue Service. Report on forms. Exemption of veterans' organizations. Amendment to Communications Act of 1934. Confidentiality and disclosure of returns and return information. Civil damages against United States for unauthorized disclosures by an employee. Disclosure for use in certain audits by General Accounting Office.

Sec. 406.

TITLE IV - T A X TREATMENT OF PARTNERSHIP ITEMS Short title. Tax treatment of partnership items. Requirement that statement be furnished to partner. Returns required from all partnerships with United States partners. Return requirement for United States persons having interest in foreign partnerships. Special rule for certain international satellite partnerships.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

TITLE V—AIRPORT AND AIRWAY IMPROVEMENT Short title. Declaration of policy. Definitions. National airport and airway system plans. Airport improvement program. Airway improvement program. Apportionment of funds. Use of apportioned and discretionary funds; miscellaneous conditions. Submission and approval of project grant applications. United States share of project costs. Project sponsorship. Grant agreements. Project costs. Payments under grant agreements. Performance of construction work. Use of Government-owned lands. False statements. Access to records. General powers. Civil rights. Reports to Congress. Report on ability of airports to finance airport development needs. Repeals; effective date; saving provisions; and separability. Miscellaneous amendments. Safety certification of airports. Contracting authority. Study of airport access. Part-time operation of flight service stations. Explosive detection K-9 teams. Release of certain conditions. Continuation of certain certificates. State taxation.

Sec. Sec. Sec. Sec. Sec.

401. 402. 403. 404. 405.

501. 502. 503. 504. 505. 506. 507. 508. 509. 510. 511. 512. 513. 514. 515. 516. 517. 518. 519. 520. 521. 522. 523. 524. 525. 526. 527. 528. 529. 530. 531. 532.

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96 STAT. 331

TITLE VI—FEDERAL SUPPLEMENTAL COMPENSATION PROGRAM Subtitle A—Extension of Benefits Sec. 601. Short title. Sec. 602. Federal-State agreements. Sec. 603. Payments to States having agreements for the payment of Federal supplemental compensation. Sec. 604. Financing provisions. Sec. 605. Definitions. Sec. 606. Fraud and overpayments. Subtitle B—Taxation of Unemployment Compensation Sec. 611. Taxation of unemployment compensation.

(c) AMENDMENT OF 1954 CODE.—Except as otherwise expressly provided, whenever in titles II, III, and IV an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1954.

TITLE I—PROVISIONS RELATING TO SAVINGS IN HEALTH AND INCOME SECURITY PROGRAMS Subtitle A—Medicare PART I—CHANGES IN PAYMENTS FOR SERVICES Subpart A—Amount of Payment for Institutional Services P A Y M E N T FOR INPATIENT HOSPITAL SERVICES

SEC. 101. (a)(1) Title XVIII of the Social Security Act is amended by adding at the end thereof the following new section: " P A Y M E N T TO HOSPITALS FOR INPATIENT HOSPITAL SERVICES

"SEC. 1886. (a)(l)(A)(i) The Secretary, in determining the amount 42 USC 1395w. of the payments that may be made under this title with respect to operating costs of inpatient hospital services (as defined in paragraph (4)) shall not recognize as reasonable (in the efficient delivery of health services) costs for the provision of such services by a hospital for a cost reporting period to the extent such costs exceed the applicable percentage (as determined under clause (ii)) of the average of such costs for all hospitals in the same grouping as such hospital for comparable time periods. "(ii) For purposes of clause (i), the applicable percentage for hospital cost reporting periods beginning— "(I) on or after October 1, 1982, and before October 1, 1983, is 120 percent; "(II) on or after October 1, 1983, and before October 1, 1984, is 115 percent; and "(III) on or after October 1, 1984, is 110 percent. "(B)(i) For purposes of subparagraph (A) the Secretary shall establish case mix indexes for all short-term hospitals, and shall set limits for each hospital based upon the general mix of types of

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Cost reporting period, limitation.

"Operating costs of inpatient hospital services." 42 USC 1395f. 42 USC 1395e.

PUBLIC LAW 97-248—SEPT. 3, 1982 medical cases with respect to which such, hospital provides services for which payment may be made under this title. "(ii) The Secretary shall set such limits for a cost reporting period of a hospital— "(I) by updating available data for a previous period to the immediate preceding cost reporting period by the estimated average rate of change of hospital costs industry-wide, and "(11) by projecting for the cost reporting period by the applicable percentage increase (as defined in subsection (b)(3)(B)). "(C) The limitation established under subparagraph (A) for any hospital shall in no event be lower than the allowable operating costs of inpatient hospital services (as defined in paragraph (4)) recognized under this title for such hospital for such hospital's last cost reporting period prior to the hospital's first cost reporting period for which this section is in effect. "(2) The Secretary shall provide for such exemptions from, and exceptions and adjustments to, the limitation established under paragraph (I)(A) as he deems appropriate, including those which he deems necessary to take into account— "(A) the special needs of sole community hospitals, of new hospitals, of risk based health maintenance organizations, and of hospitals which provide atypical services or essential community services, and to take into account extraordinary circumstances beyond the hospital's control, medical and paramedical education costs, significantly fluctuating population in the service area of the hospital, and unusual labor costs, "(B) the special needs of psychiatric hospitals and of public or other hospitals that serve a significantly disportionate number of patients who have low income or are entitled to benefits under part A of this title, and "(C) a decrease in the inpatient hospital services that a hospital provides and that are customarily provided directly by similar hospitals which results in a significant distortion in the operating costs of inpatient hospital services. "(3) The limitation established under paragraph (1)(A) shall not apply with respect to any hospital which— "(A) is located outside of a standard metropolitan statistical area, and "(B)(i) has less than 50 beds, and "(ii) was in operation and had less than 50 beds on the date of the enactment of this section. "(4) For purposes of this section, the term 'operating costs of inpatient hospital services' includes all routine operating costs, ancillary service operating costs, and special care unit operating costs with respect to inpatient hospital services and such costs are determined on an average per admission or per discharge basis (as determined by the Secretary). "(b)(1) Notwithstanding sections 1814(b) but subject to the provisions of sections 1813, if the operating costs of inpatient hospital services (as defined in subsection (a)(4)) of a hospital for a cost reporting period subject to this paragraph— "(A) are less than or equal to the target amount (as defined in paragraph (3)) for that hospital for that period, the amount of the payment with respect to such operating costs payable under part A on a per discharge or per admission basis (as the case may be) shall be equal to the amount of such operating costs, plus—

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96 STAT. 333

"(i) 50 percent of the amount by which the target amount exceeds the amount of the operating costs, or "(ii) 5 percent of the target amount, whichever is less; or "(B) are greater than the target amount, the amount of the payment with respect to such operating costs payable under part A on a per discharge or per admission basis (as the case may be) shall be equal to (i) the target amount, plus (ii) in the case of cost reporting periods beginning on or after October 1, 1982, and before October 1, 1984, 25 percent of the amount by which the amount of the operating costs exceeds the target amount; except that in no case may the amount payable under this title with respect to operating costs of inpatient hospital services exceed the maximum amount payable with respect to such costs pursuant to subsection (a). "(2) Paragraph (1) shall not apply to cost reporting periods of hospitals beginning on or after October 1, 1985. "(3)(A) For purposes of this subsection, the term 'target amount' "Target means, with respect to a hospital for a particular 12-month cost amount.' reporting period— "(i) in the case of the first such reporting period for which this subsection is in effect, the allowable operating costs of inpatient hospital services (as defined in subsection (a)(4)) recognized under this title for such hospital for the preceding 12-month cost reporting period, and "(ii) in the case a later reporting period, the target amount for the preceding 12-month cost reporting period, increased by the applicable percentage increase under subparagraph (B) for that particular cost reporting period. "(B) For purposes of subparagraph (A), the 'applicable percentage "Applicable increase' for any 12-month cost reporting period shall be equal to 1 percentage percentage point plus the percentage, estimated by the Secretary, by increase.' which the cost of the mix of goods and services (including personnel costs but excluding non-operating costs) comprising routine, ancillary, and special care unit inpatient hospital services, based on an index of appropriately weighted indicators of changes in wages and prices which are representative of the mix of goods and services included in such inpatient hospital services, for such cost reporting period exceeds the cost of such mix of goods and services for the preceding 12-month cost reporting period. "(4)(A) The Secretary shall provide for an exemption from, or an exception and adjustment to, the method under this subsection for determining the amount of payment to a hospital where events beyond the hospital's control or extraordinary circumstances, including changes in the case mix of such hospital, create a distortion in the increase in costs for a cost reporting period (including any distortion in the costs for the base period against which such increase is measured). The Secretary may provide for such other exemptions from, and exceptions and adjustments to, such method as the Secretary deems appropriate, including those which he deems necessary to take into account a decrease in the inpatient hospital services that a hospital provides and that are customarily provided directly by similar hospitals which results in a significant distortion in the operating costs of inpatient hospital services. "(B) Paragraph (1) shall not apply to payment of hospitals which is otherwise determined under paragraph (3) of section 1814(b). 42 USC 1395f.

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 96 STAT. 334

26 USC 3111. Operating costs, estimate.

42 USC 401.

42 USC 1396.

PUBLIC LAW 97-248—SEPT. 3, 1982 "(5) In the case of any hospital having any cost reporting period of other than a 12-month period, the Secretary shall determine the 12-month period which shall be used for purposes of this section. "(6)(A) The Secretary shall provide for an adjustment under this paragraph in the amount of payment otherwise provided a hospital under this subsection in the case of a hospital which, as of August 15, 1982, was subject to the taxes (hereinafter in this paragraph referred to as the TICA taxes') imposed by section 3111 of the Internal Revenue Code of 1954 and which is not subject to such taxes for part or all of a cost reporting period beginning on or after October 1, 1982. "(B) In making such adjustment for a cost reporting period the Secretary shall estimate the amount of the operating costs of inpatient hospital services that would have resulted if the hospital was subject to the FICA taxes during that period. In making such estimate the Secretary shall reduce the amount of such FICA taxes that would have been paid (but not below zero) by the amount of costs which the hospital demonstrates to the satisfaction of the Secretary were incurred in the period for pensions, health, and other fringe benefits for employees (and former employees and family members) comparable to, and in lieu of, the benefits provided under title II and this title of the Social Security Act. "(C) If a hospital's operating costs of inpatient hospital services estimated under subparagraph (B) is greater than the hospital's operating costs of inpatient hospital services determined without regard to this paragraph for a cost reporting period, then the Secretary shall reduce the amount otherwise paid the hospital (respecting operating costs of inpatient hospital services) under this subsection for the period by the amount by which— "(i) the amount that would have been paid the hospital if (I) the amount of the operating costs of inpatient hospital services estimated under subparagraph (B) were treated as the amount of the operating costs of inpatient hospital services and (II) subsection (a) did not apply to the determination, exceeds— "(ii) the amount that would otherwise have been paid the hospital if subsection (a) (and this paragraph) did not apply; except that, in making such determination for cost reporting periods beginning on or after October 1, 1984, clause (ii) of paragraph (1)(B) shall continue to apply. "(c)(1) The Secretary may provide, in his discretion, that payment with respect to services provided by a hospital in a State may be made in accordance with a hospital reimbursement control system in a State, rather than in accordance with the other provisions of this title, if the chief executive officer of the State requests such treatment and if— "(A) the Secretary determines that the system, if approved under this subsection, will apply (i) to substantially all nonFederal acute care hospitals (as defined by the Secretary) in the State and (ii) to the review of at least 75 percent of all revenues or expenses in the State for inpatient hospital services and of revenues or expenses for inpatient hospital services provided under the State's plan approved under title XIX; "(B) the Secretary has been provided satisfactory assurances as to the equitable treatment under the system of all entities (including Federal and State programs) that pay hospitals for

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Page:United States Statutes at Large Volume 96 Part 1.djvu/377

 PUBLIC LAW 97-248—SEPT. 3, 1982 inpatient hospital services, of hospital employees, and of hospital patients; and "(C) the Secretary has been provided satisfactory assurances that under the system, over 36-month periods (the first such period beginning with the first month in which this subsection applies to that system in the State), the amount of payments made under this title under such system will not exceed the amount of payments which would otherwise have been made under this title not using such system. "(2) In determining under paragraph (1)(C) the amount of payment which would otherwise have been made under this title for a State, the Secretary may provide for appropriate adjustment of such amount to take into account previous reductions effected in the amount of payments made under this title in the State due to the operation of the hospital reimbursement control system in the State if the system has resulted in an aggregate rate of increase in operating costs of inpatient hospital services (as defined in subsection (a)(4)) under this title for hospitals in the State which is less than the aggregate rate of increase in such costs under this title for hospitals in the United States. "(3) The Secretary shall discontinue payments under a system described in paragraph (1) if the Secretary— "(A) determines that the system no longer meets the requirement of paragraph (1)(A) or "(B) has reason to believe that the assurances described in subparagraph (B) or (C) of paragraph (1) are not being (or will not be) met.". (2) Section 1861(v)(l)(L) of such Act is amended by striking out "(i)" and all that follows through "(ii)". (b)(1) The amendments made by subsection (a) shall apply to cost reporting periods beginning on or after October 1, 1982. (2)(A) The Secretary of Health and Human Services shall first issue such final regulations (whether on an interim or other basis) before October 1, 1982, as may be necessary to implement such amendments on a timely basis. If such regulations are promulgated on an interim final basis, the Secretary shall take such steps as may be necessary to provide opportunity for public comment, and appropriate revision based thereon, so as to provide that such regulations are not on an interim basis later than March 31, 1983. (B) Chapter 35 of title 5, United States Code, shall not apply, until January 1, 1984, to collection of information and information collection requests which the Secretary of Health and Human Services determines to be necessary to carry out the amendments made by this section. (3) Section 1135 of the Social Security Act is amended by adding at the end the following new subsection: "(c) The Secretary shall develop, in consultation with the Senate Committee on Finance and the Committee on Ways and Means of the House of Representatives, proposals for legislation which would provide that hospitals, skilled nursing facilities, and, to the extent feasible, other providers, would be reimbursed under title XVIII of this Act on a prospective basis. The Secretary shall report such proposals to such committees not later than December 31, 1982.". (c)(1) Section 1814(b) of the Social Security Act is amended— (A) by striking out "section 1813" in the matter before paragraph (1) and inserting in lieu thereof "sections 1813 and 1886"; and

96 STAT. 335

95 Stat. 798. 42 USC 1395x. 42 USC 1395w^ note. Regulations.

5 USC 3501 et seq.

95 Stat. 809. 42 USC 1320b-5.

42 USC 1395. Report to congressional committees. 42 USC 1395f.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/378

 96 STAT. 336

42 USC 1395Z. 42 USC 1395x.

Ante, p. 331.

PUBLIC LAW 97-248—SEPT. 3, 1982 (B) by striking out "until the Secretary determines" in the second sentence and inserting in lieu thereof "until the first day of the seventh month beginning after the date the Secretary determines and notifies the Governor of the State". (2) Section 1833(a)(2)(B) of such Act is amended by inserting "and except as may be provided in section 1886" after "except those described in subparagraph (C) of this paragraph". (d) Section 1861(v)(7) of such Act is amended by inserting "(A)" after "(7)" and by adding at the end thereof the following new subparagraph: "(B) For further limitations on reasonable cost and determination of payment amounts for operating costs of inpatient hospital services and waivers for certain States, see section 1886.". SINGLE REIMBURSEMENT LIMIT FOR SKILLED NURSING FACILITIES

42 USC 1395x.

Effective date. 42 USC 1395x note.

SEC. 102. (a) Section 1861(v)(l) of the Social Security Act is amended— (1) in subparagraph (E), by striking out "; except that" and all that follows and inserting in lieu thereof a period; (2) in subparagraph (E), by striking out "(E)" and inserting in lieu thereof "(ii)"; and (3) by inserting after subparagraph (D) the following: "(E)(i) Such regulations shall provide that any determination of reasonable cost with respect to services provided by hospital-based skilled nursing facilities shall be made on the basis of a single standard based on the reasonableness of costs incurred by free standing skilled nursing facilities, subject to such adjustments as the Secretary may deem appropriate.". (b) The amendment made by subsection (a) shall be effective with respect to cost reporting periods beginning on or after October 1, 1982. ELIMINATION OF INPATIENT ROUTINE NURSING SALARY COST DIFFERENTIAL

95 Stat. 797. 42 USC 1395x. Effective date. 42 USC 1395x note. 42 USC 1395.

SEC. 103. (a) Subparagraph (J) of section 1861(v)(l) of the Social Security Act is amended to read as follows: "(J) Such regulations may not provide for any inpatient routine salary cost differential as a reimbursable cost for hospitals and skilled nursing facilities.". (b) The amendment made by subsection (a) shall be effective with respect to cost reporting periods ending after September 30, 1982, but in the case of any cost reporting period beginning before October 1, 1982, any reduction in payments under title XVIII of the Social Security Act to a hospital or skilled nursing facility resulting from such amendment shall be imposed only in proportion to the part of the period which occurs after September 30, 1982. ELIMINATION OF DUPLICATE OVERHEAD PAYMENTS FOR OUTPATIENT SERVICES

42 USC 1395U.

SEC. 104. (a) The last sentence of section 1842(b)(3) of the Social Security Act is amended by inserting after "1861(v)(l)(K)" the following: ", and in determining the reasonable charge for such services, the Secretary may limit such reasonable charge to a percentage of the amount of the prevailing charge for similar services furnished

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Page:United States Statutes at Large Volume 96 Part 1.djvu/379

 PUBLIC LAW 97-248—SEPT. 3, 1982

96 STAT. 337

in a physician's office, taking into account the extent to which overhead costs associated with such outpatient services have been included in the reasonable cost or charge of the facility". (b) The amendment made by subsection (a) made by this section Effective date. shall be effective with respect to services furnished on or after ^^ ^^^ l395u note. October 1, 1982. SINGLE REIMBURSEMENT LIMIT FOR HOME HEALTH AGENCIES

SEC. 105. (a) Section 1861(v)(l)(L) of the Social Security Act, as 42 USC I395x amended by section 101(a)(2) of this subtitle, is amended by inserting "free standing" after "75th percentile of such costs per visit for". (b) The amendment made by subsection (a) shall be effective with Effective date. respect to cost reporting periods beginning on or after the date of 42 USC 1395x note. the enactment of this Act. PROHIBITING PAYMENT FOR HILL-BURTON FREE CARE

SEC. 106. (a) Section 1861(v)(l) of the Social Security Act is amended by adding at the end the following new subparagraph: "(M) Such regulations shall provide that costs respecting care provided by a provider of services, pursuant to an assurance under title VI or XVI of the Public Health Service Act that the provider will make available a reasonable volume of services to persons unable to pay therefor, shall not be allowable as reasonable costs.". (b) The amendment made by subsection (a) shall be effective with respect to any costs incurred under title XVIII of the Social Security Act, except that it shall not apply to costs which have been allowed prior to the date of the enactment of this Act pursuant to the final court order affirmed by a United States Court of Appeals.

42 USC 1395x.

42 USC 291a, 300o. Effective date. 42 USC 1395x note. 42 USC 1395.

PROHIBITING PAYMENT FOR ANTI-UNIONIZATION ACTIVITIES

SEC. 107. (a) Section 1861(v)(l) of the Social Security Act, as amended by section 106(a) of this subtitle, is further amended by adding after subparagraph (M) the following new subparagraph: "(N) In determining such reasonable costs, costs incurred for activities directly related to influencing employees respecting unionization may not be included.". (b) The amendment made by subsection (a) shall be effective with respect to costs incurred after the date of the enactment of this Act.

Effective date. 42 USC 1395x note.

REIMBURSEMENT OF PROVIDER-BASED PHYSICIANS

SEC 108. (a) Title XVIII of the Social Security Act is amended by adding after section 1886 of the Social Security Act (as added by section lOl(a)(l) of this subtitle) the following new section: PAYMENT OF PROVIDER-BASED PHYSICIANS

"SEC. 1887. (a)(1) The Secretary shall by regulation determine 42 USC i395xx. criteria for distinguishing those services (including inpatient and outpatient services) rendered in hospitals or skilled nursing facilities— "(A) which constitute professional medical services, which are personally rendered for an individual patient by a physician and which contribute to the diagnosis or treatment of an indi-

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Page:United States Statutes at Large Volume 96 Part 1.djvu/380

 96 STAT. 338

Ante, p. 336. Ante, p. 337. Regulations. 42 USC I395xx Arefe 33Y

42 USC 1395.

PUBLIC LAW 97-248—SEPT. 3, 1982 vidual patient, and which may be reimbursed as physicians' services under part B, and "(B) which constitute professional services which are rendered for the general benefit to patients in a hospital or skilled nursing facility and which may be reimbursed only on a reasonable cost basis. "(2)(A) For purposes of cost reimbursement, the Secretary shall recognize as a reasonable cost of a hospital or skilled nursing facility only that portion of the costs attributable to services rendered by a physician in such hospital or facility which are services described in paragraph (1)(B), apportioned on the basis of the amount of time actually spent by such physician rendering such services. "(B) In determining the amount of the payments which may be made with respect to services described in paragraph (1)(B), after apportioning costs as required by subparagraph (A), the Secretary may not recognize as reasonable (in the efficient delivery of health services) such portion of the provider's costs for such services to the extent that such costs exceed the reasonable compensation equivalent for such services. The reasonable compensation equivalent for any service shall be established by the Secretary in regulations. "(C) The Secretary may, upon a showing by a hospital or facility that it is unable to recruit or maintain an adequate number of physicians for the hospital or facility on account of the reimbursement limits established under this subsection, grant exceptions to such reimbursement limits as may be necessary to allow such provider to provide a compensation level sufficient to provide adequate physician services in such hospital or facility.". (2) Section 1861(v)(7) of such Act, as amended by section 101(d) of this subtitle, is further amended by adding at the end the following new subparagraph: "(C) For provisions restricting payment for provider-based physicians' Services, see section 1887.". (c) The Secretary of Health and Human Services shall first promulgate regulations to carry out section 1887(a) of the Social Security Act not later than October 1, 1982. Such regulations shall become effective on October 1, 1982, and shall be effective with respect to cost reporting periods ending after September 30, 1982, but in the case of any cost reporting period beginning before October 1, 1982, any reduction in payments under title XVIII of the Social Security Act to a hospital or skilled nursing facility resulting from such regulations shall be imposed only in proportion to the part of the period which occurs after September 30, 1982. PROHIBITING RECOGNITION OF PAYMENTS UNDER CERTAIN PERCENTAGE ARRANGEMENTS

SEC. 109. (a) Section 1887 of the Social Security Act (as added by section 108(a) of this subtitle) is amended— (1) by

inserting "AND PAYMENT UNDER CERTAIN PERCENTAGE

ARRANGEMENTS" at the end of its heading, and

(2) by adding at the end the following new subsection: "(b)(1) Except as provided in paragraph (2), in the case of a provider of services which is paid under this title on a reasonable cost basis, or other basis related to costs that are reasonable, and which has entered into a contract for the purpose of having services furnished for or on behalf of it, the Secretary may not include any cost incurred by the provider under the contract if the amount

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 PUBLIC LAW 97-248—SEPT. 3, 1982

96 STAT. 339

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 charges, revenues, or claim for reimbursement. "(2) Paragraph (1) shall not apply— "(A) to services furnished by a physician and described in subsection (a)(1)(B) and covered by regulations in effect under subsection (a), and "(B) under regulations established by the Secretary, where the amount involved under the percentage contract is reasonable and the contract— "(i) is a customary commercial business practice, or "(ii) provides incentives for the efficient and economical operation of the provider of services.". (b)(1) Section 1861(v)(l)(H)(iii) of such Act is amended by striking 42 USC 1395x., out "(I)" and by striking out ", or (II)" and all that follows through "furnished by the agency". (2) Section 1861(v)(7)(C) of such Act, as added by section 108(b)(2) of this subtitle, is further amended by inserting "and for payments Ante, p. 338. under certain percentage arrangements" after "services". (c)(1) The amendments made by this section shall become effective Effective date. on the date of the enactment of this Act, except that section 42 USC 1395XX note. 1887(b)(1) of the Social Security Act shall not apply before October 1, Ante, p. 338. 1982, to services furnished by a physician and described in section 1887(a)(1)(B) of such Act. (2) In the case of a contract with a provider of services entered into prior to the date of the enactment of this Act, the amendment made by subsection (a) shall apply to payments under such contract (A) 30 days after the first date (after such date of enactment) the provider of services may unilaterally terminate the contract, or (B) one year after the date of the enactment of this Act, whichever is earlier. (3) The amendment made by subsection (b)(1) shall not apply to 42 USC 1395x contracts entered into before the date of the enactment of this Act. note. ELIMINATION OF LESSER-OF-COST-OR-CHARGE PROVISION

SEC. 110. Section 1886 of the Social Security Act, as added by Ante, p. 331. section 101(a)(1) of this subtitle, is amended by adding at the end the following new subsection: "(d)(1) The lesser-of-cost-or-charges provisions (described in paragraph (2)) will not apply in the case of services provided by a class of provider of services if the Secretary determines and certifies to Congress that the failure of such provisions to apply to the services provided by that class of providers will not result in any increase in the amount of payments made for those services under this title. Such change will take effect with respect to services furnished, or cost reporting periods of providers, on or after such date as the Secretary shall provide in the certification. Such change for a class of provider shall be discontinued if the Secretary determines and notifies Congress that such change has resulted in an increase in the amount of payments made under this title for services provided by that class of provider. "(2) The lesser-of-cost-or-charges provisions referred to in paragraph (1) are as follows: "(A) Clause (B) of paragraph (1) and paragraph (2) of section 1814(b). 42 USC 1395f.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/382

 96 STAT. 340 42 USC 1395/. 42 USC I395x.

PUBLIC LAW 97-248—SEPT. 3, 1982 "(B) So much of subparagraph (A) of section 1833(a)(2) as provides for payment other than of the reasonable cost of such services, as determined under section 1861(v). "(C) Subclause (II) of clause (i) and clause (ii) of section 1833(a)(2)(B).". ELIMINATION OF PRIVATE ROOM SUBSIDY

42 USC 1395x note.

Regulations.

SEC. H I. (a) The Secretary of Health and Human Services shall, pursuant to section 1861(v)(2) of the Social Security Act, not allow as a reasonable cost the estimated amount by which the costs incurred by a hospital or skilled nursing facility for nonmedically necessary private accommodations for medicare beneficiaries exceeds the costs which would have been incurred by such hospital or facility for semiprivate accommodations. (b) The Secretary of Health and Human Services shall first issue such final regulations (whether on an interim or other basis) as may be necessary to implement subsection (a) by October 1, 1982. If such regulations are promulgated on an interim final basis, the Secretary shall take such steps as may be necessary to provide opportunity for public comment, and appropriate revision based thereon, so as to provide that such regulations are not on an interim basis later than January 31, 1983. Subpart B—Payments for Other Services REIMBURSEMENT FOR INPATIENT RADIOLOGY A N D PATHOLOGY SERVICES

42 USC 1395/.

Effective date. 42 USC 1395/ note.

SEC. 112. (a) Section 1833(a)(1) of the Social Security Act is amended— (1) by striking out clause (B) and inserting in lieu thereof the following: "(B) with respect to items and services described in section 1861(s)(10), the amounts paid shall be 100 percent of the reasonable charges for such items and services,"; (2) by inserting "and" at the end of clause (F); and (3) by striking out "and (H)" and all that follows through "for such items and services,". (b) Clause (1) of section 1833(b) of such Act is amended to read as follows: "(1) such total amount shall not include expenses incurred for items and services described in section 1861(s)(10),". (c) The amendments made by this section shall apply with respect to items and services furnished on or after October 1, 1982. REIMBURSEMENT FOR ASSISTANTS AT SURGERY

42 USC 1395u.

42 USC 1395x.

SEC. 113. (a) Section 1842(b)(6) of the Social Security Act is amended by adding at the end thereof the following new subparagraph: "(D)(i) In the case of physicians' services furnished to a patient in a hospital with a teaching program approved as specified in section 1861(b)(6) but which does not meet the conditions described in section 1861(b)(7), no payment shall be made under this part for services of assistants at surgery with respect to a surgical procedure if such hospital has a training program relating to the medical specialty required for such surgical procedure and a qualified individual on the staff of the hospital is available to provide such services; except that payment may be made under this part for such

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Page:United States Statutes at Large Volume 96 Part 1.djvu/383

 PUBLIC LAW 97-248—SEPT. 3, 1982 services, to the extent that such payment is otherwise allowed under this paragraph, if such services, as determined under regulations of the Secretary— "(I) are required due to exceptional medical circumstances, "(II) are performed by team physicians needed to perform complex medical procedures, or "(III) constitute concurrent medical care relating to a medical condition which requires the presence of, and active care by, a physician of another specialty during surgery, and under such other circumstances as the Secretary determines by regulation to be appropriate. "(ii) For purposes of this subparagraph, the term 'assistant at surgery' means a physician who actively assists the physician in charge of a case in performing a surgical procedure. "(iii) Tlje Secretary shall determine appropriate methods of reimbursement of assistants at surgery where such services are reimbursable under this part.". (b)(1) The amendment made by subsection (a) is effective with respect to services performed on or after October 1, 1982. (2) The Secretary of Health and Human Services shall first issue such final regulations (whether on an interim or other basis) before October 1, 1982, as may be necessary to implement the amendment made by subsection (a) on a timely basis. If such regulations are promulgated on an interim final basis, the Secretary shall take such steps as may be necessary to provide opportunity for public comment, and appropriate revision based thereon, so as to provide that such regulations are not on an interim basis later than January 31, 1983.

96 STAT. 341

"Assistant at surgery."

Effective date. 42 USC 1395u note.

PAYMENTS TO HEALTH MAINTENANCE ORGANIZATIONS A N D COMPETITIVE MEDICAL PLANS

SEC. 114. (a) Section 1876 of the Social Security Act is amended to 42 USC 1395mm. read as follows: PAYMENTS TO HEALTH MAINTENANCE ORGANIZATIONS A N D COMPETITIVE MEDICAL PLANS

"SEC. 1876. (a)(l)(A) The Secretary shall annually determine— "(i) a per capita rate of payment for each class of individuals who are enrolled under this section with an eligible organization which has entered into a risk-sharing contract and who are entitled to benefits under part A and enrolled under part B, and "(ii) a per capita rate of payment for each class of individuals who are so enrolled with such an organization and who are enrolled under part B only. For purposes of this section, the term 'risk-sharing contract' means a contract entered into under subsection (g) and the term 'reasonable cost reimbursement contract' means a contract entered into under subsection (h). "(B) The Secretary shall define appropriate classes of members, based on age, disability status, and such other factors as the Secretary determines to be appropriate, so as to ensure actuarial equivalence. The Secretary may add to, modify, or substitute for such classes, if such changes will improve the determination of actuarial equivalence.

42 USC 1395c, 1395J.

Definitions.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/384

 96 STAT. 342

Ante, p. 335. 42 USC 1395Z. "Adjusted average per capita cost."

42 USC 1395h, 1395u. Post, p. 350.

42 USC 1395r.

PUBLIC LAW 97-248—SEPT. 3, 1982 "(C) The annual per capita rate of payment for each such class shall be equal to 95 percent of the adjusted average per capita cost (as defined in paragraph (4)) for that class. "(D) In the case of an eligible organization with a risk-sharing contract, the Secretary shall make monthly payments in advance and in accordance with the rate determined under subparagraph (C) and except as provided in subsection (g)(2), to the organization for each individual enrolled with the organization under this section. "(E) The amount of payment under this paragraph may be retroactively adjusted to take into account any difference between the actual number of individuals enrolled in the plan under this section and the number of such individuals estimated to be so enrolled in determining the amount of the advance payment. "(2) With respect to any eligible organization which has entered into a reasonable cost reimbursement contract, payments shall be made to such plan in accordance with subsection (h)(2) rather than paragraph (1). "(3) Payments under a contract to an eligible organization under paragraph (1) or (2) shall be instead of the amounts which (in the absence of the contract) would be otherwise payable, pursuant to sections 1814(b) and 1833(a), for services furnished by or through the organization to individuals enrolled with the organization under this section. "(4) For purposes of this section, the term 'adjusted average per capita cost' means the average per capita amount that the Secretary estimates in advance (on the basis of actual experience, or retrospective actuarial equivalent based upon an adequate sample and other information and data, in a geographic area served by an eligible organization or in a similar area, with appropriate adjustments to assure actuarial equivalence) would be payable in any contract year for services covered under parts A and B, or part B only, and types of expenses otherwise reimbursable under parts A and B, or part B only (including administrative costs incurred by organizations described in sections 1816 and 1842), if the services were to be furnished by other than an eligible organization or, in the case of services covered only under section 1861(s)(2)(H), if the services were to be furnished by a physician or as an incident to a physician's service. "(5) The payment to an eligible organization under this section for individuals enrolled under this section with the organization and entitled to benefits under part A and enrolled under part B shall be made from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. The portion of that payment to the organization for a month to be paid by the latter trust fund shall be equal to 200 percent of the sum of— "(A) the product of (i) the number of such individuals for the month who have attained age 65, and (ii) the monthly actuarial rate for supplementary medical insurance for the month as determined under section 1839(c)(1), and "(B) the product of (i) the number of such individuals for the month who have not attained age 65, and (ii) the monthly actuarial rate for supplementary medical insurance for the month as determined under section 1839(c)(4). The remainder of that payment shall be paid by the former trust fund. "(6) If an individual is enrolled under this section with an eligible organization having a risk-sharing contract, only the eligible organi-

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